Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 10:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by Senator J. VERNE SMITH.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
H. 4358 (Word version) -- Reps. Wilkins, J. Brown, Cato, Chellis, Govan, Harrell, Harrison, J.E. Smith, W.D. Smith, Townsend and Witherspoon: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 5, 2003, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET ON TUESDAY, JUNE 17, 2003 AT 12:00 P.M., IN STATEWIDE SESSION, AND TO CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL WEDNESDAY, JUNE 18, 2003, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS NOT LATER THAN 5:00 P.M., ON WEDNESDAY, JUNE 18, 2003, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
Having voted on the prevailing side, Senator MOORE moved to reconsider the vote whereby the adoption of the Concurrent Resolution, as amended, failed.
At 10:05 A.M., Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator LEATHERMAN moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Branton Courson Cromer Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hawkins Hayes Holland Hutto Jackson Knotts Kuhn Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Ryberg Setzler Short Smith, J. Verne Thomas Verdin Waldrep
A quorum being present, the Senate resumed.
Senator PINCKNEY recorded his presence subsequent to the Call of the Senate.
The question then was the motion to reconsider the vote whereby the adoption of the Concurrent Resolution, as amended, failed.
At 10:09 A.M., on motion of Senator LEATHERMAN, the Senate receded from business not to exceed thirty minutes.
At 11:37 A.M., the Senate resumed.
On motion of Senator HUTTO, with unanimous consent, the motion to reconsider the vote whereby the adoption of the amended Concurrent Resolution failed, was withdrawn.
The following appointments were transmitted by the Honorable Mark C. Sanford:
Reappointment, Aiken County Magistrate, with term to commence
April 30, 2003, and to expire April 30, 2007
Tracey Lynn Carroll, 1104 Hayne Avenue, Aiken, S.C. 29801
Reappointment, Aiken County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Charles Terry Carter, P. O. Box 92, Graniteville, S.C. 29829
Reappointment, Aiken County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Roger E. Edmonds, P. O. Box 6493, North Augusta, S.C. 29841
Reappointment, Aiken County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Gibson O'Neal Fallaw, Jr., P. O. Box 190, Monetta, S.C. 29105-0190
Reappointment, Aiken County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Carl S. Insley, P. O. Box 636, Langley, S.C. 29834
Reappointment, Aiken County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Sheridan Lee Lynn, Jr., 1115 Highview Avenue, North Augusta, S.C. 29841
Reappointment, Aiken County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Patrick Dorn Sullivan, 200 Main Street, Jackson, S.C. 29831
Reappointment, Aiken County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Donna H. Williamson, P. O. Box 99, Wagner, S.C. 29164
Reappointment, Chester County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
William Ralph Garris, 200 Magnolia Avenue, Great Falls, S.C. 29055
Initial Appointment, Darlington County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
G. Gordon McBride, P. O. Box 2555, Hartsville, S.C. 29550 VICE William E. White
Initial Appointment, Jasper County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Trent Kinard, P. O. Box 333, Ridgeland, S.C. 29936 VICE Bobby O. Smith
Reappointment, Marlboro County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Charles R. Hunter, Jr., 404 Center Street, Bennettsville, S.C. 29512
Reappointment, McCormick County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Patty L. Smith, P. O. Box 1027, McCormick, S.C. 29835
Initial Appointment, Pickens County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Phillip A. Snow, 117 Scenic Drive, Pickens, S.C. 29671-9495 VICE John B. Robinson, Jr. (resigned)
Reappointment, Richland County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Mildred W. McDuffie, P. O. Box 50474, Columbia, S.C. 29250
Senator GIESE introduced Dr. Al Pakalnis of Columbia, S.C., Doctor of the Day.
H. 3713 (Word version) -- Reps. Wilkins, W.D. Smith, Harrell, Harrison, Cato, Witherspoon, Chellis, Townsend, J. Brown and Keegan: A BILL TO AMEND SECTION 23-3-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCLUSIVE JURISDICTION AND STATEWIDE AUTHORITY OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, SO AS TO PROVIDE THAT THIS JURISDICTION AND AUTHORITY INCLUDES ESTABLISHING AND OPERATING TACTICAL RESPONSE LAW ENFORCEMENT UNITS, COORDINATING COUNTER TERRORISM EFFORTS IN OR AFFECTING THIS STATE, COORDINATING FEDERAL GRANTS ASSOCIATED WITH HOMELAND SECURITY, CREATING COUNCILS ASSOCIATED WITH ITS MISSION, AND SERVING AS THE GOVERNOR'S REPRESENTATIVE TO THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY.
On motion of Senator McCONNELL, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator McCONNELL spoke on the report.
On motion of Senator McCONNELL, with unanimous consent, Free Conference Powers were granted.
Whereupon, Senators McCONNELL, DRUMMOND and KUHN were appointed to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.
On motion of Senator MARTIN, the Report of the Committee of Free Conference to H. 3713 was adopted as follows:
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3713 (Word version) -- Reps. Wilkins, W.D. Smith, Harrell, Harrison, Cato, Witherspoon, Chellis, Townsend, J. Brown and Keegan: A BILL TO AMEND SECTION 23-3-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCLUSIVE JURISDICTION AND STATEWIDE AUTHORITY OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, SO AS TO PROVIDE THAT THIS JURISDICTION AND AUTHORITY INCLUDES ESTABLISHING AND OPERATING TACTICAL RESPONSE LAW ENFORCEMENT UNITS, COORDINATING COUNTER TERRORISM EFFORTS IN OR AFFECTING THIS STATE, COORDINATING FEDERAL GRANTS ASSOCIATED WITH HOMELAND SECURITY, CREATING COUNCILS ASSOCIATED WITH ITS MISSION, AND SERVING AS THE GOVERNOR'S REPRESENTATIVE TO THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer's Version May 21, 2003)
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 23-3-15(A)(5) through (8) of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"(5) establishment and operation of highly specialized, rapid tactical response law enforcement units within the division;
(6) operation and regulation of state polygraph examination services;
(7) law enforcement, regulation enforcement, and inspections under Title 61; and
(8) the coordination of counter terrorism efforts, including prevention against, preparation for, response to, and crisis management of acts of terrorism, in or affecting this State; coordination of federal grants associated with homeland security; creation of councils appropriate to its mission; and service as the Governor's representative to the United States Department of Homeland Security; and
(9) such other activities as are not inconsistent with the mission of the division or otherwise proscribed by law."
SECTION 2. Title 54 of the 1976 Code is amended by adding:
Section 54-17-10. This chapter may be cited as the 'South Carolina Maritime Security Act'.
Section 54-17-20. As used in this chapter:
(1) 'Commission' means the group of individuals comprising the Maritime Security Commission.
(2) 'Captain of the Port' means the United States Coast Guard officer designated by the Commandant of the Coast Guard to perform that function pursuant to Section 1.01-30 of Title 33, Code of Federal Regulations, whose role is further defined in Section 6.01-4 of that same title.
(3) 'District Commander' means the Coast Guard officer designated by the Commandant of the Coast Guard to command a Coast Guard District. District Commander refers to that district commander that incorporates South Carolina.
(4) 'Port' means a developed area of maritime commerce.
(5) 'Maritime area' means any area of water, land, or water and land bordering on the sea or any estuary, river, creek, or lake in or contiguous to the State of South Carolina, that is capable of approach by a vessel, excluding the land-side facilities of the South Carolina State Ports Authority.
(6) 'Safety zone' means a water area, shore area, or water and shore area to which, for safety or environmental purposes, access is limited to authorized persons, vehicles, or vessels. It may be stationary and described by fixed limits or it may be described as a zone around a vessel in motion.
(7) 'Security zone' means an area of land, water, or land and water which is so designated by the Captain of the Port or District Commander for such time as may be necessary to prevent damage or injury to any vessel or waterfront facility, to safeguard ports, harbors, territories, or waters of the United States, or to secure the observance of the rights and obligations of the United States. The purpose of a security zone is to safeguard from destruction, loss, or injury from sabotage or other subversive acts, accidents, or other causes of a similar nature (a) vessels, (b) harbors, (c) ports, and (d) waterfront facilities that are in the United States and its territories and waters, continental or insular, that are subject to the jurisdiction of the United States.
(8) 'Volunteer Port Security Force' means the volunteer organization composed of licensed mariners and private assets who: (a) facilitate discovery and proper reporting of suspicious activities and events observed on and about the waters of Charleston bar and harbor, and (b) provide assistance to those government authorities during Maritime Security Levels 2 and 3, as may be required.
(9) 'Memorandum of Agreement' means a document that must be executed by the Chairman of the Maritime Security Commission and the Attorney General of South Carolina on behalf of the State and the United States Navy, detailing fiduciary duties, potential liability, and federal support issues for a South Carolina Naval Militia and must be renewed every five years.
(10) 'Privileges' means that based upon title or membership, an individual is entitled to accommodations of the naval service and such recognition by other services of this State. However, privilege shall not be determined to be a monetary or fiscal "benefit," or information access regardless of other requirements.
Section 54-17-30. There is created a Maritime Security Commission composed of nine members:
(1) one member shall be the Chairman of the State Ports Authority, ex-officio, or a member of the State Ports Authority Board, designated by the chairman;
(2) one member shall be a chief of police or equivalent, ex-officio;
(3) one member shall be a fire chief or equivalent, ex-officio;
(4) one member shall be a representative of the South Carolina Department of Natural Resources Law Enforcement Division, ex-officio;
(5) one member shall represent the commercial maritime community;
(6) one member shall be a retired U. S. Coast Guard officer, grade O-5 or higher, who supervised federal port security duties as a Captain of the Port;
(7) one member shall be a retired U. S. Navy or Navy Reserve officer, grade O-6 or higher;
(8) one member shall be a retired U. S. Marines Corps or Marine Corps Reserve officer, grade O-6 or higher; and
(9) one member shall be a retired U. S. Coast Guard or Coast Guard Reserve officer, grade O-6 or higher.
The five members who are not ex-officio shall be appointed by the Governor with the advice and consent of the Senate. These non-ex-officio members shall be selected from respective lists of retired Navy and Navy Reserve, Marine Corps and Marine Corps Reserve, Coast Guard and Coast Guard Reserve officers residing in South Carolina and commercial maritime community members maintained by the Captains of the Port. The chiefs of police and fire chiefs shall be from the port communities and shall rotate annually into the position on the commission. The order of rotation shall be determined by the respective chiefs. The Coast Guard member and the commercial maritime community member shall serve initial terms of two years, the Navy and Marine Corps members shall serve initial terms of four years, and the Coast Guard member who supervised federal port security duties as Captain of the Port shall serve an initial term of six years. Thereafter, the four members who are not ex-officio shall serve terms of six years. In the event of a vacancy, however caused, a successor must be appointed in the manner of the original appointment for the unexpired term. These appointments must be made as each term of the present commissioners expires. The appointees, however, shall serve until their successors have been appointed and qualified. There shall be a chairman and a secretary elected by the members of the commission pursuant to rules adopted by the commission. Each member shall have the appropriate background as to authorize access to sensitive law enforcement and port security information.
Section 54-17-40. The South Carolina Naval Militia is reestablished. The Maritime Security Commission must organize, administer, coordinate, and facilitate the activities of the Naval Militia in order to provide to federal, state, county, and local agencies adequate numbers of trained and qualified personnel with proper accountability and adequate indemnification provisions to enhance maritime homeland security operations.
Section 54-17-50. (A) The Naval Militia is an organized, structured, trained, and certified volunteer state maritime force that is regionally aligned to enable appropriate augmentation of federal, state, county, and municipal forces and may be engaged in any federal response to the threat of terrorism and to the needs of maritime homeland security. This militia is naval in nature and functions as a federally-recognized state force pursuant to Title 10 of the United States Code and a Memorandum of Agreement that must be in effect between the United States Navy and the State prior to the Naval Militia becoming operational.
(B) The Commander of the South Carolina Naval Militia must be appointed by the commission, commissioned by the Governor, and shall serve at the pleasure of the commission. The Maritime Security Commission shall promulgate regulations to be approved by the General Assembly pursuant to the Administrative Procedures Act that set forth the command structure of the Naval Militia and establish the rank of the commander. The commander will propose to the commission other commissions and appointments in accordance with commission regulations.
(C) Divisions of the Naval Militia will include a division that consists of members of the United States Navy, Marine Corps, and Coast Guard Reserve (federal service takes priority). In addition, the Naval Militia must include a division that consists of the Merchant Marine. The Merchant Marine division shall consist of Coast Guard-licensed or certificated merchant mariners whose regular occupation is service on board Coast Guard-regulated commercial vessels that normally operate in or from the maritime areas of South Carolina, and which are enrolled as units of the Volunteer Port Security Force. The Merchant Marine division also shall include other professional mariners who have volunteered for service in this militia and who are licensed or certificated by the Coast Guard as merchant mariners. The Naval Militia also shall include a staff element and a support division.
(D) Naval Militia personnel are entitled to all appropriate honors, courtesies, and privileges provided under state law to state military organizations. Authority shall be exercised pursuant to mission requirement and in accordance with rules adopted by the commission.
(E) Within the South Carolina Naval Militia, a joint service task force is authorized whose purpose is to determine and coordinate regional security missions relating to those waterways shared with contiguous states and to provide federal and regional interoperability advice and assistance to the commission. This task force shall be appointed and assigned pursuant to rules adopted by the commission.
Section 54-17-60. The Maritime Security Commission and the Naval Militia must coordinate their activities with federal, state, and local agencies responsible for maritime homeland security and Naval Militia functions as they relate to this title. These agencies shall include, but are not limited to, the State Law Enforcement Division; the Departments of Natural Resources, Public Safety and Transportation and the Military Department, and their several state agencies; state, county, and municipal police departments including marine police components; and the South Carolina Army and Air National Guard.
Section 54-17-70. The South Carolina Law Enforcement Division is authorized to promulgate regulations not specifically authorized by the federal government or by another agency, department, or division of state government, which are necessary for the proper administration and enforcement of homeland security measures for maritime protection including, but not limited to, safety zones and security zones. These regulations, including any emergency authority, must be promulgated within the guidelines of the Administrative Procedures Act and after consultation with the Ports Security Committee established by the United States Coast Guard. This regulatory authority ceases upon implementation of the federal Maritime Transportation Security Act regulations, currently scheduled for July 2004."
SECTION 3. Article 9, Chapter 6, Title 23 of the 1976 Code is amended by adding:
"Section 23-6-493. Notwithstanding another provision of law, a person employed as a law enforcement officer with the Savannah River Site Law Enforcement Department, a United States Department of Energy facility, may attend and be trained at the Department of Public Safety's Criminal Justice Academy Division in accordance with training and certification standards established by the State. Expenses for mandated and elective training must be established by the Criminal Justice Academy Division and paid by the law enforcement officer's employer. An authorized representative of the United States Department of Energy shall certify to the academy that the officer is employed as a law enforcement officer at the Savannah River Site and request the officer's admission to the academy for training."
SECTION 4. This act takes effect upon approval by the Governor, except that Section 54-17-60 takes effect upon the execution of a Memorandum of Agreement between the United States Navy and the State and ratification of the Memorandum of Agreement by Joint Resolution of the General Assembly. /
Amend title to conform.
/s/John W. Drummond /s/James H. Harrison /s/Glenn F. McConnell /s/Walton J. McLeod /s/John R. Kuhn /s/Marty W. Coates On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
Columbia, S.C., June 5, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has requested and was granted Free Conference Powers and has appointed Reps. McLeod, Coates, and Harrison to the Committee of Free Conference on the part of the House on:
H. 3713 (Word version) -- Reps. Wilkins, W.D. Smith, Harrell, Harrison, Cato, Witherspoon, Chellis, Townsend, J. Brown and Keegan: A BILL TO AMEND SECTION 23-3-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCLUSIVE JURISDICTION AND STATEWIDE AUTHORITY OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, SO AS TO PROVIDE THAT THIS JURISDICTION AND AUTHORITY INCLUDES ESTABLISHING AND OPERATING TACTICAL RESPONSE LAW ENFORCEMENT UNITS, COORDINATING COUNTER TERRORISM EFFORTS IN OR AFFECTING THIS STATE, COORDINATING FEDERAL GRANTS ASSOCIATED WITH HOMELAND SECURITY, CREATING COUNCILS ASSOCIATED WITH ITS MISSION, AND SERVING AS THE GOVERNOR'S REPRESENTATIVE TO THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Free Conference on:
H. 3713 (Word version) -- Reps. Wilkins, W.D. Smith, Harrell, Harrison, Cato, Witherspoon, Chellis, Townsend, J. Brown and Keegan: A BILL TO AMEND SECTION 23-3-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCLUSIVE JURISDICTION AND STATEWIDE AUTHORITY OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, SO AS TO PROVIDE THAT THIS JURISDICTION AND AUTHORITY INCLUDES ESTABLISHING AND OPERATING TACTICAL RESPONSE LAW ENFORCEMENT UNITS, COORDINATING COUNTER TERRORISM EFFORTS IN OR AFFECTING THIS STATE, COORDINATING FEDERAL GRANTS ASSOCIATED WITH HOMELAND SECURITY, CREATING COUNCILS ASSOCIATED WITH ITS MISSION, AND SERVING AS THE GOVERNOR'S REPRESENTATIVE TO THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY.
Very respectfully,
Speaker of the House
Received as information.
The Report of the Committee of Free Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
A message was sent to the House accordingly.
H. 3281 (Word version) -- Rep. Townsend: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SCHOOL DISTRICT NO. 2 OF ANDERSON COUNTY MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
Senator WALDREP asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator WALDREP asked unanimous consent to recede from the Senate amendments.
There was no objection and a message was sent to the House accordingly.
Columbia, S.C., June 5, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that a message having been received from the Senate that it had receded from its amendments, it was ordered that the title of the Bill be changed to that of an Act and that the Act be enrolled for Ratification:
H. 3281 (Word version) -- Rep. Townsend: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SCHOOL DISTRICT NO. 2 OF ANDERSON COUNTY MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
Very respectfully,
Speaker of the House
Received as information.
The following were introduced:
S. 748 (Word version) -- Senator Hutto: A CONCURRENT RESOLUTION TO CONGRATULATE MARY JACQUELYN DAY JOYE OF MOUNT PLEASANT UPON HER RETIREMENT AFTER TWENTY-THREE YEARS OF TEACHING ENGLISH AND LATIN AT THE ASHLEY HALL SCHOOL, TO COMMEND HER FOR HER HARD WORK AND DEDICATION, AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN ALL OF HER FUTURE ENDEAVORS.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 749 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION TO RECOGNIZE SEPTIMA CLARK FOR A LIFETIME DEVOTED TO THE STRUGGLE FOR CIVIL RIGHTS AND EQUAL OPPORTUNITY IN SOCIETY.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 750 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 56-5-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VEHICLES THAT MAY BE DESIGNATED AS AUTHORIZED EMERGENCY VEHICLES, SO AS TO PROVIDE THAT PUBLIC AND PRIVATE VEHICLES CERTIFIED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AS EMERGENCY VEHICLES ARE AUTHORIZED EMERGENCY VEHICLES; TO AMEND SECTION 56-5-760, RELATING TO THE OPERATION OF AN AUTHORIZED EMERGENCY VEHICLE, SO AS TO PROVIDE THAT AN AUTHORIZED EMERGENCY VEHICLE NEED NOT USE AN AUDIBLE SIGNAL WHEN PARKED OR STANDING AND TO PROVIDE THAT THE PROVISIONS IN THIS SECTION DO NOT RELIEVE THE DRIVER OF AN AUTHORIZED EMERGENCY VEHICLE FROM THE DUTY TO PARK OR STAND WITH DUE REGARD FOR THE SAFETY OF ALL PERSONS; TO AMEND SECTION 56-5-4700, RELATING TO CERTAIN AUDIBLE SIGNAL DEVICES AND SIGNAL LAMPS THAT MUST SERVE AS EQUIPMENT ON EMERGENCY VEHICLES, SCHOOL BUSES, AND POLICE VEHICLES, SO AS TO REVISE THE TYPE OF AUDIBLE SIGNAL DEVICES AND SIGNAL LAMPS THAT MUST SERVE AS EQUIPMENT ON A POLICE VEHICLE.
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Read the first time and referred to the Committee on Transportation.
S. 751 (Word version) -- Senator Verdin: A BILL TO AMEND CHAPTER 5, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING SECTION 15-5-5 SO AS TO PROVIDE THAT FOR PURPOSES OF A CIVIL CAUSE OF ACTION "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH; TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST A PERSON, BY ADDING SECTION 16-3-90 SO AS TO PROVIDE THAT FOR PURPOSES OF OFFENSES ARISING OUT OF THE UNLAWFUL KILLING OR BATTERY OF A PERSON, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND TO PROVIDE FOR EXCLUSIONS; TO AMEND SECTION 50-21-10, AS AMENDED, RELATING TO EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO PROVIDE THAT FOR PURPOSES OF OFFENSES ARISING OUT OF THE DEATH OR INJURY OF A PERSON IN ARTICLE 1, CHAPTER 21, TITLE 50, "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH; TO AMEND CHAPTER 5, TITLE 56, RELATING TO MOTOR VEHICLES AND REGULATING TRAFFIC ON THE HIGHWAYS, BY ADDING SECTION 56-5-2915 SO AS TO PROVIDE THAT FOR PURPOSES OF OFFENSES ARISING OUT OF THE DEATH OR INJURY OF A "PERSON" IN ARTICLE 23, CHAPTER 5, TITLE 56, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH.
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Read the first time and referred to the Committee on Judiciary.
S. 752 (Word version) -- Senator Verdin: A BILL TO AMEND CHAPTER 29 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-11 SO AS TO REQUIRE THAT CERTAIN TEACHING CRITERIA BE USED IN THE SCIENCE INSTRUCTIONAL PROGRAMS PROVIDED BY ANY SCHOOL DISTRICT OF THIS STATE.
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Read the first time and referred to the Committee on Education.
S. 753 (Word version) -- Senators Fair, Matthews and Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-750 SO AS TO PROHIBIT THE SALE OF ANY DIETARY SUPPLEMENT CONTAINING EPHEDRA TO A PERSON LOCATED WITHIN THE STATE OR MAKING THE PURCHASE WITHIN THE STATE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE CRIMINAL PENALTIES.
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Read the first time and referred to the Committee on Judiciary.
S. 754 (Word version) -- Senators Leatherman and McGill: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO RENAME THE HIGHWAY 301 BYPASS IN FLORENCE COUNTY AS "DR. C. EDWARD FLOYD BOULEVARD" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THIS ROAD CONTAINING THE WORDS "DR. C. EDWARD FLOYD BOULEVARD".
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Senator LEATHERMAN spoke on the Resolution.
Senator LEATHERMAN moved that the Concurrent Resolution be adopted:
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Courson Cromer Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hawkins Hayes Holland Hutto Jackson Knotts Kuhn Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Pinckney Rankin Ravenel Reese Richardson Ritchie Ryberg Setzler Short Smith, J. Verne Thomas Verdin Waldrep
The Concurrent Resolution was adopted, ordered sent to the House.
S. 755 (Word version) -- Senator Pinckney: A CONCURRENT RESOLUTION TO PROCLAIM SEPTEMBER 21, 2003, AS MYOSITIS AWARENESS DAY IN THE STATE OF SOUTH CAROLINA FOR THE NEXT FIVE YEARS, AND TO RECOGNIZE THE IMPORTANCE OF MYOSITIS AWARENESS AND THE EFFORTS TO HELP PREVENT AND CURE THIS DISEASE.
l:\council\bills\bbm\9921sl03.doc
The Concurrent Resolution was adopted, ordered sent to the House.
H. 3489 (Word version) -- Reps. Cotty, Gilham, Clemmons, Witherspoon, Edge, Altman, Barfield, Bingham, R. Brown, Chellis, Cooper, Duncan, Govan, Hamilton, Harrison, Herbkersman, M. Hines, Hinson, Keegan, Leach, Limehouse, Littlejohn, Pinson, E. H. Pitts, Rice, Sandifer, Scarborough, F. N. Smith, Stille, Taylor, Toole, Viers and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-925 SO AS TO PROVIDE FOR A SALES TAX ON THE GROSS PROCEEDS OF THE SALE OF ALCOHOLIC BEVERAGES BY THE DRINK OR BY OTHER SPECIFIED METHODS; TO AMEND SECTION 6-27-40, AS AMENDED, RELATING TO DISTRIBUTIONS FROM THE LOCAL GOVERNMENT FUND, SO AS TO FURTHER PROVIDE FOR THE AMOUNT OF THE DISTRIBUTION TO COUNTIES THAT MUST BE USED FOR ALCOHOL EDUCATION AND ALCOHOLISM AND DRUG REHABILITATION; TO AMEND SECTION 61-6-20, RELATING TO THE DEFINITIONS USED IN THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE A DEFINITION OF "ALCOHOLIC LIQUOR BY THE DRINK"; TO AMEND SECTION 61-6-700, RELATING TO ESTABLISHMENTS WHICH USE ALCOHOLIC BEVERAGES SOLELY IN THE PREPARATION OF FOODS TO BE SERVED BY THE ESTABLISHMENTS, SO AS TO DELETE THE REFERENCE TO MINIBOTTLES; TO AMEND SECTION 61-6-1600, RELATING TO NONPROFIT ORGANIZATIONS BEING LICENSED TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO ALSO AUTHORIZE THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK; TO AMEND SECTION 61-6-1610, RELATING TO BUSINESS ESTABLISHMENTS LICENSED TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO ALSO AUTHORIZE THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK AND TO MAKE CONFORMING CHANGES; TO AMEND SECTION 61-6-1620, RELATING TO RESTRICTIONS ON MINIBOTTLE LICENSEES, SO AS TO DELETE THE RESTRICTIONS AND TO AUTHORIZE THE POSSESSION AND CONSUMPTION OF ALCOHOLIC LIQUORS IN CONTAINERS OTHER THAN MINIBOTTLES ON LICENSED PREMISES; BY ADDING SECTION 61-6-1635 SO AS TO PROVIDE THAT ALCOHOLIC LIQUOR SOLD BY THE DRINK MUST BE PURCHASED ONLY FROM SPECIFICALLY LICENSED PERSONS; TO AMEND SECTION 61-6-1825, RELATING TO THE PROCEDURES TO PROTEST THE ISSUANCE OR RENEWAL OF A MINIBOTTLE LICENSE, SO AS TO DELETE THE TERM "MINIBOTTLE" AND TO MAKE THE PROCEDURES APPLY TO ANY BIENNIAL LICENSE FOR ON-PREMISES CONSUMPTION; TO AMEND SECTION 61-6-2000, AND SECTION 61-6-2005, AS AMENDED, RELATING TO TEMPORARY PERMITS FOR NONPROFIT ORGANIZATIONS, SO AS TO PROVIDE THAT THE LICENSE AUTHORIZES THE SALE OF ALCOHOLIC LIQUORS IN MINIBOTTLES OR BY THE DRINK; TO AMEND SECTION 61-6-2010, AS AMENDED, RELATING TO TEMPORARY PERMITS AUTHORIZED THROUGH A REFERENDUM, SO AS TO REMOVE THE REFERENCES TO ALCOHOLIC LIQUORS "IN SEALED CONTAINERS OF TWO OUNCES OR LESS"; TO AMEND SECTION 61-6-2200, RELATING TO THE AGE OF THE SERVER OF ALCOHOLIC LIQUORS IN ON-PREMISES ESTABLISHMENTS, SO AS TO PROVIDE THE SERVER, WHO IS EIGHTEEN YEARS OF AGE OR OLDER, ALSO MAY SERVE ALCOHOLIC LIQUORS BY THE DRINK AS WELL AS IN MINIBOTTLES; TO AMEND SECTION 61-6-2600, RELATING TO THE PENALTIES FOR VIOLATING ARTICLE 5, CHAPTER 6, TITLE 61, CONCERNING THE REGULATION OF ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO REMOVE THE REFERENCE TO MINIBOTTLES AND TO PROVIDE THAT A PERSON WHO ACTS TO AVOID THE PAYMENT OF THE SALES TAX ON THE SERVING OF ALCOHOLIC BEVERAGES BY THE DRINK IS SUBJECT TO THE PENALTIES OF THIS SECTION; TO AMEND SECTION 61-12-10, AS AMENDED, RELATING TO THE DISTRIBUTION OF CERTAIN REVENUE FOR ALCOHOL AND DRUG PROGRAMS, SO AS TO REVISE A REFERENCE NECESSITATED BY THE ABOVE PROVISIONS; AND TO REPEAL SECTION 12-33-245 RELATING TO THE TWENTY-FIVE CENTS EXCISE TAX ON MINIBOTTLES.
Read the first time and referred to the Committee on Judiciary.
H. 4337 (Word version) -- Rep. Sandifer: A BILL TO AMEND SECTION 7-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN OCONEE COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF OCONEE COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
Read the first time and referred to the Committee on Judiciary.
H. 4371 (Word version) -- Rep. Cato: A CONCURRENT RESOLUTION TO MEMORIALIZE THE FEDERAL COMMUNICATIONS COMMISSION TO SUSPEND THE EFFECTIVE DATE OF THE WIRELESS NUMBER PORTABILITY RULES UNTIL THE WIRELESS COMPANIES SERVING THE RESIDENTS OF SOUTH CAROLINA HAVE IMPLEMENTED FULLY THE CAPABILITIES NECESSARY FOR EMERGENCY COMMUNICATIONS, HOMELAND SECURITY, AND COMPLIANCE WITH THE FEDERAL COMMUNICATIONS COMMISSION'S E-911 MANDATES, AND TO MEMORIALIZE CONGRESS TO ENACT LEGISLATION THAT PREVENTS THE FEDERAL COMMUNICATIONS COMMISSION FROM REIMPOSING THE WIRELESS NUMBER PORTABILITY RULES UNTIL IT FINDS THAT THE IMPLEMENTATION OF THESE CAPABILITIES AND COMPLIANCE WITH THESE MANDATES IS COMPLETE.
On motion of Senator O'DELL, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.
H. 4372 (Word version) -- Rep. Rivers: A CONCURRENT RESOLUTION TO PROCLAIM SEPTEMBER 21, 2003, AS MYOSITIS AWARENESS DAY IN THE STATE OF SOUTH CAROLINA FOR THE NEXT FIVE YEARS, AND TO RECOGNIZE THE IMPORTANCE OF MYOSITIS AWARENESS AND THE EFFORTS TO HELP PREVENT AND CURE THIS DISEASE.
The Concurrent Resolution was introduced and referred to the Committee on Medical Affairs.
On motion of Senator PINCKNEY, with unanimous consent, the Concurrent Resolution was recalled from the committee.
On motion of Senator PINCKNEY, with unanimous consent, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4393 (Word version) -- Reps. Clemmons, Barfield, Edge, Hayes, Keegan, Viers and Witherspoon: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED AND DEDICATED SERVICE OF MR. WILLIAM H. ALFORD OF MYRTLE BEACH, IN HORRY COUNTY, AS A MEMBER OF THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY (SANTEE COOPER).
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4395 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES CORPORAL GENE MORRIS OF MANNING FOR BEING CHOSEN AS OFFICER OF THE MONTH FOR SEPTEMBER 2002 BY THE NATIONAL LAW ENFORCEMENT OFFICER'S MEMORIAL AND WISH HIM CONTINUED SUCCESS IN ALL FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4401 (Word version) -- Reps. Coates, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, G.R. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION CONGRATULATING THE TOWN OF OLANTA UPON THE DEDICATION JUNE 10, 2003, OF THE NEW TOWN PARK AND RECREATIONAL FACILITY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4402 (Word version) -- Reps. Coates, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, G.R. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO OFFER WARMEST AND HEARTFELT CONGRATULATIONS TO REVEREND AND MRS. CLYDE W. COATES OF CLARKTON, NORTH CAROLINA, ON THE OCCASION OF THE CELEBRATION OF THEIR FIFTIETH WEDDING ANNIVERSARY AND TO EXTEND TO THEM AND THEIR FAMILY EVERY GOOD WISH FOR SUCCESS, HEALTH, AND CONTINUED HAPPINESS IN THE YEARS TO COME.
The Concurrent Resolution was adopted, ordered returned to the House.
S. 748 (Word version) -- Senator Hutto: A CONCURRENT RESOLUTION TO CONGRATULATE MARY JACQUELYN DAY JOYE OF MOUNT PLEASANT UPON HER RETIREMENT AFTER TWENTY-THREE YEARS OF TEACHING ENGLISH AND LATIN AT THE ASHLEY HALL SCHOOL, TO COMMEND HER FOR HER HARD WORK AND DEDICATION, AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN ALL OF HER FUTURE ENDEAVORS.
Returned with concurrence.
Received as information.
S. 749 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION TO RECOGNIZE SEPTIMA CLARK FOR A LIFETIME DEVOTED TO THE STRUGGLE FOR CIVIL RIGHTS AND EQUAL OPPORTUNITY IN SOCIETY.
Returned with concurrence.
Received as information.
S. 754 (Word version) -- Senators Leatherman and McGill: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO RENAME THE HIGHWAY 301 BYPASS IN FLORENCE COUNTY AS "DR. C. EDWARD FLOYD BOULEVARD" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THIS ROAD CONTAINING THE WORDS "DR. C. EDWARD FLOYD BOULEVARD".
Returned with concurrence.
Received as information.
S. 755 (Word version) -- Senator Pinckney: A CONCURRENT RESOLUTION TO PROCLAIM SEPTEMBER 21, 2003, AS MYOSITIS AWARENESS DAY IN THE STATE OF SOUTH CAROLINA FOR THE NEXT FIVE YEARS, AND TO RECOGNIZE THE IMPORTANCE OF MYOSITIS AWARENESS AND THE EFFORTS TO HELP PREVENT AND CURE THIS DISEASE.
Returned with concurrence.
Received as information.
Columbia, S.C., June 5, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 525 (Word version) -- Senators Rankin and Elliott: A BILL TO AMEND ARTICLE 1 OF CHAPTER 32, TITLE 27, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACATION TIME SHARING PLANS, SO AS TO REVISE, DELETE, AND ADD CERTAIN DEFINITIONS, REVISE PROVISIONS RELATING TO ADVERTISING AND CONVEYANCE OF VACATION TIME SHARING PLANS SO AS TO DELETE CERTAIN LICENSE REQUIREMENTS FOR SELLERS AND TO EXEMPT CERTAIN COMMUNICATIONS FROM ADVERTISEMENT AND PROMOTION RESTRICTIONS, REVISE THE TERMS OF THE NOTICE OF THE RIGHT TO CANCELLATION REQUIREMENTS IN CONTRACTS FOR THE PURCHASE OF VACATION TIME SHARING PLANS AND PROVIDE FOR THE EFFECTIVE DATE OF NOTICE OF CANCELLATION, ESTABLISH NEW PROCEDURES FOR THE DISTRIBUTION OF REFUNDS UPON CANCELLATION OF CONTRACTS AND ESTABLISHMENT AND MAINTENANCE OF ESCROW ACCOUNTS IN THAT CONNECTION, PROVIDE FOR MATTERS TO BE DISCLOSED IN CONTRACTS INCLUDING WARNINGS AGAINST RELIANCE ON THE PURCHASE AS AN INVESTMENT, DELETE THE REQUIREMENT OF AN EXAMINATION FOR REGISTRATION RELATING TO LICENSES FOR SELLERS OF VACATION TIME SHARING PLANS, EXEMPT EMPLOYEES OF THE SELLER FROM LICENSING REQUIREMENTS, PROVIDE FOR VICARIOUS LIABILITY OF THE CONTROLLING SELLER, TIGHTEN PROVISIONS RELATING TO POWERS OF THE SOUTH CAROLINA REAL ESTATE COMMISSION IN CONNECTION WITH THE INVESTIGATION OF AN APPLICATION FOR REGISTRATION OF A TIME SHARING PLAN INCLUDING ASSURANCES AND BONDING AGAINST ENCUMBRANCES, AND MAKE TECHNICAL CHANGES TO CONFORM THE ARTICLE; AND TO AMEND SECTION 27-50-30, RELATING TO EXEMPTIONS IN CONNECTION WITH THE RESIDENTIAL PROPERTY CONDITION DISCLOSURE ACT, SO AS TO EXEMPT FROM THE ACT A TRANSFER OF A VACATION TIME SHARING PLAN OR A VACATION MULTIPLE OWNERSHIP INTEREST.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
S. 407 (Word version) -- Senators Richardson, Hutto and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1640 SO AS TO PROVIDE AN ESTABLISHMENT LICENSED TO SERVE MINIBOTTLES IS AUTHORIZED TO CONDUCT SAMPLINGS OF WINES IN EXCESS OF SIXTEEN PERCENT ALCOHOL, CORDIALS, AND DISTILLED SPIRITS, IF THE SAMPLING IS CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
The House returned the Bill with amendments.
Senator KNOTTS proposed the following Amendment No. 1 (PT\ 1677MM03), which was not adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. A. Section 61-4-520 of the 1976 Code, as last amended by Act 89 of 2001, is further amended by adding an appropriately numbered item at the end to read:
"( ) Before the issuance of a new license or permit, the applicant provides certification from the municipality or county in which it is located that the proposed place of business of the applicant complies with all zoning and land use ordinances and regulations. Applicants are not required to provide certification upon renewal of a license or permit."
B. Section 61-6-110 of the 1976 Code, as added by Act 415 of 1996, is amended by adding an appropriately numbered item at the end to read:
"( ) does not provide certification from the municipality or county in which it is located that the proposed place of business of the applicant complies with all zoning and land use ordinances and regulations before the issuance of a new license or permit. Applicants are not required to provide certification upon renewal of a license or permit."
C. Section 61-6-1820 of the 1976 Code, as last amended by Act 89 of 2001, is further amended by adding an appropriately numbered item at the end to read:
"( ) Before the issuance of a new license or permit, the applicant provides certification from the municipality or county in which it is located that the proposed place of business of the applicant complies with all zoning and land use ordinances and regulations. Applicants are not required to provide certification upon renewal of a license or permit."
D. This section takes effect on the first day of the third month after approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator KNOTTS explained the amendment.
Senators RYBERG and RICHARDSON spoke on the amendment.
Senator RYBERG moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Elliott Giese Gregory Hayes Martin McConnell Mescher O'Dell Peeler Ravenel Richardson Ritchie Ryberg Waldrep
Anderson Branton Courson Cromer Fair Ford Glover Grooms Hawkins Jackson Knotts Kuhn Malloy Matthews McGill Reese Setzler Verdin
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator RYBERG argued contra to the adoption of the amendment.
Senator ELLIOTT argued contra to the adoption of the amendment.
Senator KNOTTS argued in favor of the adoption of the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Branton Courson Cromer Fair Hawkins Knotts Matthews Patterson Reese Thomas Verdin
Drummond Elliott Giese Glover Gregory Hayes Holland Hutto Jackson Land Leatherman Leventis Malloy Martin McConnell McGill Mescher Moore O'Dell Peeler Ravenel Richardson Ritchie Ryberg Setzler Short Waldrep
The amendment was not adopted.
Senator RANKIN proposed the following Amendment No. 2 (JUD0407.002), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/ SECTION ___. Section 12-21-1010(5) of the 1976 Code is amended to read:
"(5) The phrase 'domestic wine' shall mean wine manufactured wholly within the State primarily from fruits and berries produced within the State (Reserved);"
SECTION ___. Chapter 2 of Title 61 of the 1976 Code is amended by adding:
"Section 61-2-135. When a person licensed to sell alcoholic liquor or beer and wine moves his business to a new location in the same county that was licensed in the same manner within ninety days of the time of the move, the person may use his current license and is not required to initiate a new application upon approval by the department."
SECTION ___. Section 61-4-120 of the 1976 Code is amended to read:
"Section 61-4-120. It is unlawful for a person to sell or offer for sale wine or beer in this State between the hours of twelve o'clock Saturday night and sunrise Monday morning. However, an establishment licensed pursuant to Article 5 of Chapter 6 is authorized to sell these products during those hours in which the sale of alcoholic liquors in minibottles is lawful. A person who violates the provisions of this section is considered guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days. The right of a person to sell wine and beer in this State under a license issued by the State must be forfeited and the license revoked upon his conviction of violating the provisions of this section. Municipal ordinances in conflict with this section are unenforceable."
SECTION ___. Section 61-4-510(A) of the 1976 Code is amended to read:
"(A) In counties or municipalities where temporary off-premises beer and wine permits are specifically authorized to be issued pursuant to Section 61-6-2010, in lieu of the retail permit fee required pursuant to Section 61-4-500, a retail dealer otherwise eligible for the retail permit under that section may elect to apply for a special version of that permit which allows sales for off-premises consumption without regard to the restrictions on the days or hours of sales provided in Sections 61-4-120, 61-4-130, and 61-4-140. The annual fee for this special retail permit is one thousand dollars."
SECTION ___. Section 61-4-520(9)(d) of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"(d) cover a space at least eleven twelve inches wide high and eight and one-half eighteen inches high wide;"
SECTION ___. Section 61-4-1510 of the 1976 Code is amended to read:
"Section 61-4-1510. Before a person constructs, maintains, or operates a brewery or winery under as provided by the provisions of this article, the person must apply to the department for a permit. The application must be in writing in a form the department prescribes. Except as otherwise provided in this section, the applicant must pay a biennial permit tax of two hundred dollars upon each brewery and on each commercial winery to be established and operated. The permit tax must be paid to and collected by the department before a permit is issued. However, the owner and operator of a winery who consumes in the operation only the fruits produced on his own farm or premises must pay a permit fee of ten dollars biennially. Permits under as provided by the provisions of this section expire December biennially as mandated by Section 61-2-120. The fees charged for permits for the operation of breweries and wineries must be prorated by reducing the permit cost by one-eighth January 1, April 1, July 1, and October 1 each year. A brewer or commercial wine manufacturer who begins business during one of these intervals must pay for the eighth of the permit period in which business is begun and for the eighth of the permit period during the remainder of the period. No refund may be made to a dealer who ceases business after obtaining a permit."
SECTION ___. Section 61-6-180(B)(4) of the 1976 Code, as last amended by Act 304 of 2000, is further amended to read:
"(4) cover a space at least twelve inches wide high and eighteen inches high wide;"
SECTION ___. Section 61-6-500 of the 1976 Code is amended to read:
"Section 61-6-500. (A) Notwithstanding any other provision of law, a permit not to exceed seventy-two hours to the authorities in charge of a publicly-owned auditorium, coliseum, or armory may allow the possession and consumption of beer, wine, and alcoholic liquors must be issued upon request to the public authorities in charge of a publicly owned auditorium, coliseum, or armory. This permit is for the benefit of any person leasing or otherwise lawfully using the subject on their premises.
(B) It is unlawful for a person to possess or consume beer, wine, or alcoholic liquors on the premises of a publicly-owned auditorium, coliseum, or armory unless the authorities in charge specifically have approved the possession or consumption of those beverages. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days."
SECTION ___. Section 61-6-1510 of the 1976 Code is amended to read:
"Section 61-6-1510. A retail dealer must maintain a separate store or place of business with not more than two means of public ingress or egress which must be on the front or the same side of the building, except that the doors may be located at the corner of two adjacent sides of the building. One additional door, not in the front, is allowed to be used solely for the receipt of commercial deliveries and as an emergency exit.
Red dots not exceeding thirty-six inches in diameter may be placed on each side of the building and on the rear and front of the building.
A sign not to exceed thirty-six inches in diameter may be attached to the front of the building or may be suspended from the front of the building. The words "ABC Package Store", the owner's name, and license number may appear on the sign. Letters must be white with a red background, must be no more than six inches high, and must be no more than four inches wide. A retail dealer may attach to his store one additional sign not exceeding the dimensions of ten feet by four feet. This sign may only be white and may only contain the words "ABC Package Store" in black letters. No other letters or symbols may be placed on this sign.
Retail dealers may place signs containing the words "ABC Package Store" in shopping center directories as long as the signs are the same size as those listing other stores in the directory.
A retail dealer may place one sign not exceeding three feet by three feet off his licensed premises. This sign may only be white, and may only contain the words "ABC Package Store" in black letters. This sign may also contain a red dot and a black arrow showing the direction to the package store. No other words or symbols may be placed on this sign.
A retail dealer may place a reasonable number of signs on his licensed premises indicating the designated parking for his licensed premises. In no case may the number of signs be more than the number of parking spaces. These signs may only be white and may only contain the words "ABC Package Store Parking" in black letters. No other letters or symbols may be placed on the signs. The signs may be painted on the pavement with letters not exceeding six inches in height and four inches in width or may be placed as a vertical sign which may not exceed six inches in height and twenty inches in length. The top of each vertical sign may not be more than twenty inches from the ground. A retail dealer may have only one type of sign per parking space.
Except as provided in Sections 61-6-1520 and 61-6-1530, signs by retail dealers other than those specifically authorized by this section are prohibited, and retail dealers may not display signs other than those authorized by this section that are visible from outside their places of business, except signs which indicate the hours of operation of the business or whether the business is open or closed. A retail dealer may have no more than two signs to indicate the hours of operation of the business and no more than two signs to indicate whether the business is open or closed. These signs must be on the licensed premises and may not exceed twelve inches in height and sixteen inches in width. Letters on the signs must be white with a red or black background, red with a white or black background, or black with a red or white background.
Retail dealers are prohibited from using in an advertisement for alcoholic liquor or wine a subject matter, language, or slogans addressed to and intended to encourage persons under twenty-one years of age to purchase or drink alcoholic liquor or wine."
SECTION ___. Section 61-6-1600 of the 1976 Code is amended to read:
"Section 61-6-1600. (A) Nonprofit organizations A nonprofit organization which are is licensed by the department under pursuant to the provisions of this article may sell alcoholic liquors in minibottles. Members or guests of members of these organizations A member or guest of a member of a nonprofit organization may consume alcoholic liquors sold in minibottles upon the premises between the hours of ten o'clock in the morning and two o'clock the following morning.
(B) An employee or agent of an establishment licensed as a nonprofit organization is prohibited from selling, making available for sale, or permitting the consumption of alcoholic liquors on the licensed premises between the hours of two o'clock in the morning and ten o'clock in the morning. A violation of this provision is a violation against the organization's license."
SECTION ___. Section 61-6-1610(B) of the 1976 Code is amended to read:
"(B) Notwithstanding any other provision of this article, the licensed premises of a business establishment which is bona fide engaged primarily and substantially in the preparation and service of meals and which holds a valid license for the sale and consumption of alcoholic liquors in minibottles do not extend to any portion of the business establishment or the property upon which it is located which is designed as or used for a parking area or a deck to a swimming pool even though food may be served in the area."
SECTION ___. Section 61-6-1610 of the 1976 Code is amended by adding:
"(D) Any licensee, employee, or agent of an establishment licensed as a food service establishment or place of lodging is prohibited from selling, making available for sale, or permitting the consumption of alcoholic liquors on the licensed premises between the hours of two o'clock in the morning and ten o'clock in the morning. However, any licensee, employee, or agent of an establishment licensed as a food service establishment or place of lodging is prohibited from selling, making available for sale, or permitting the consumption of alcoholic liquors on Sunday unless the establishment has been issued for that Sunday a temporary permit pursuant to the provisions of Section 61-6-2010. A violation of this subsection is a violation against the establishment's license."
SECTION ___. Section 61-6-1820(5)(d) of the 1976 Code is amended to read:
"(d) cover a space at least eleven twelve inches wide high and eight and one-half eighteen inches high wide;"
SECTION ___. The introductory paragraph of Section 61-6-2010(B)(1) of the 1976 Code, as last amended by Act 353 of 2002, is further amended to read:
"(B)(1) The filing and permit fees must be distributed by the State Treasurer to the municipality or county in which the retailer who paid the fee is located. The revenue may be used only by the municipality or county for the following purposes:"
SECTION ___. Section 61-6-2010(C)(1) of the 1976 Code is amended to read:
"(C)(1) Permits authorized by this section may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permits. The county or municipal election commission, as the case may be, shall conduct a referendum upon petition of at least ten percent but not more than seven thousand five hundred qualified electors of the county or municipality, as the case may be. The petition form must be submitted to the election commission not less than one hundred twenty days before the date of the referendum. The names on the petition must be on the petition form provided to county election officials by the State Election Commission. The names on the petition must be certified by the election commission within sixty days after receiving the petition form. The referendum must be conducted at the next general election. The election commission shall cause a notice to be published in a newspaper circulated in the county or municipality, as the case may be, at least seven days before the referendum. The state election laws shall apply to the referendum, mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the South Carolina Department of Revenue. The question on the ballot shall read substantially as follows be one of the following:
'Shall the South Carolina Department of Revenue be authorized to issue temporary permits in this (county)(municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for consumption-on-premises sales?' or
'Shall the South Carolina Department of Revenue be authorized to issue temporary permits in this (county) (municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less to bona fide nonprofit organizations and business establishments authorized to be licensed for consumption-on-premises sales and to allow the sale of beer and wine at permitted off-premises locations without regard to the days or hours of sales?'"
SECTION ___. Section 61-6-4010 of the 1976 Code is amended to read:
"Section 61-6-4010. (A) Except in accordance with the provisions of this title, it It is unlawful for a person to:
(1) manufacture, store, keep, receive, have in possession, transport, ship, buy, sell, barter, exchange, or deliver alcoholic liquors, except liquors acquired in a lawful manner and except in accordance with the provisions of this title; or
(2) accept, receive, or have in possession alcoholic liquors for unlawful use pursuant to the provisions of this title.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:
(a)(1) for a first offense, by a fine of not less than six hundred dollars or imprisonment for six months;
(b)(2) for a second offense, by a fine of one thousand five hundred dollars or imprisonment for one year; and
(c)(3) for a third or subsequent offense, by a fine of three thousand dollars or imprisonment for two years."
SECTION ___. Section 61-6-4170 of the 1976 Code is amended to read:
"Section 61-6-4170. (A) It is unlawful for a person to advertise alcoholic liquors by means of billboards along public highways and streets by using any subject matter, language, or slogan addressed to and intended to encourage persons under twenty-one years of age to purchase or drink alcoholic liquors. These advertisements must be immediately destroyed by peace officers upon discovery.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:
(a)(1) for a first offense, by a fine of two hundred dollars or imprisonment for sixty days;
(b)(2) for a second offense, by a fine of one thousand dollars or imprisonment for one year; and
(c)(3) for a third or subsequent offense, by a fine of two thousand dollars or imprisonment for two years."
SECTION ___. Section 12-21-1040 of the 1976 Code is repealed./
Renumber sections to conform.
Amend title to conform.
Senator RANKIN explained the amendment.
The amendment was adopted.
The Bill was returned to the House with amendments.
S. 95 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 15-3-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL ACTIONS BASED UPON A DEFECTIVE OR UNSAFE CONDITION OF AN IMPROVEMENT TO REAL PROPERTY, SO AS TO ESTABLISH AN OUTSIDE LIMITATION OF SIX YEARS AFTER SUBSTANTIAL COMPLETION OF THE IMPROVEMENT FOR BRINGING THE ACTION.
Senator GREGORY asked unanimous consent to make a motion to place the Bill in the status of Adjourned Debate.
There was no objection and the Bill was placed in the status of Adjourned Debate.
S. 433 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 15 SO AS TO ENACT THE SOUTH CAROLINA NOTICE AND OPPORTUNITY TO CURE DWELLING CONSTRUCTION DEFECTS ACT TO ESTABLISH PROCEDURES FOR A HOMEOWNER OR PURCHASER TO ASSERT A CLAIM AGAINST A CONTRACTOR, SUBCONTRACTOR, SUPPLIER, OR DESIGN PROFESSIONAL FOR A CONSTRUCTION DEFECT IN A RESIDENTIAL DWELLING, TO REQUIRE A CLAIMANT TO COMPLY WITH THESE PROCEDURES BEFORE COMMENCING LITIGATION FOR A CONSTRUCTION DEFECT, AND TO PROHIBIT A PERSON FROM PROVIDING ANYTHING OF MONETARY VALUE TO A PROPERTY MANAGER OR A MEMBER OR OFFICER OF AN EXECUTIVE BOARD OF A HOMEOWNER'S ASSOCIATION TO INDUCE THE INDIVIDUAL TO ENCOURAGE OR DISCOURAGE THE ASSOCIATION TO FILE A CLAIM FOR CONSTRUCTION DEFECTS AND TO PROVIDE PENALTIES FOR SUCH VIOLATION.
The House returned the Bill with amendments.
Senator MOORE proposed the following Amendment No. 1 (JUD433.003), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
SECTION 1. Chapter 59, Title 40 of the 1976 Code is amended by adding:
Notice and Opportunity to Cure
Construction Dwelling Defects
Section 40-59-810. This article may be cited as the 'South Carolina Notice and Opportunity to Cure Construction Dwelling Defects Act'.
Section 40-59-820. As used in this article:
(1) 'Action' means any civil lawsuit or action or arbitration proceeding for damages or indemnity asserting a claim for injury or loss to a dwelling or personal property caused by an alleged defect arising out of or related to the design, construction, condition, or sale of the dwelling or a remodel of a dwelling.
(2) 'Claimant' means a homeowner, including a subsequent purchaser, who asserts a claim against a contractor, subcontractor, supplier, or design professional concerning a defect in the design, construction, condition, or sale of a dwelling or in the remodel of a dwelling.
(3) 'Construction defect' means a deficiency in or a deficiency arising out of the design, specifications, surveying, planning, supervision, or observation of construction or construction of residential improvements that results from any of the following:
(a) defective material, products, or components used in the construction of residential improvements;
(b) violation of the applicable codes in effect at the time of construction of residential improvements;
(c) failure of the design of residential improvements to meet the applicable professional standards of care at the time of governmental approval of the design of residential improvements; or
(d) failure to construct residential improvements in accordance with accepted trade standards for good and workmanlike construction at the time of construction. Compliance with the applicable codes in effect at the time of construction conclusively establishes construction in accordance with accepted trade standards for good and workmanlike construction, with respect to all matters specified in those codes.
(4) 'Dwelling' means a single-family house or duplex or a multifamily unit not to exceed sixteen units and not to exceed three stories in height, and which is intended for residential use. A dwelling includes the systems and other components and improvements that are part of a single or multifamily unit at the time of construction.
(5) 'Serve' or 'service' means personal service or delivery by certified mail to the last known address of the addressee.
Section 40-59-830. If the claimant files an action in court before first complying with the requirements of this article, on motion of a party to the action, the court shall stay the action until the claimant has complied with the requirements of this article.
Section 40-59-840. (A) In an action brought against a contractor or subcontractor arising out of the construction of a dwelling, the claimant must, no later than ninety days before filing the action, serve a written notice of claim on the contractor. The notice of claim must contain the following:
(1) a statement that the claimant asserts a construction defect;
(2) a description of the claim or claims in reasonable detail sufficient to determine the general nature of the construction defect; and
(3) a description of any results of the defect, if known.
The contractor or subcontractor shall advise the claimant within fifteen days of receipt of the claim if the construction defect is not sufficiently stated and shall request clarification.
Section 40-59-850. (A) The contractor or subcontractor has thirty days from service of the notice to inspect, offer to remedy, offer to settle with the claimant, or deny the claim regarding the defects. The claimant shall receive written notice of the contractor's or subcontractor's, as applicable, election under this section. The claimant shall allow inspection of the construction defect at an agreeable time to both parties, if requested under this section. The claimant shall give the contractor and any subcontractors reasonable access to the dwelling for inspection and if repairs have been agreed to by the parties, reasonable access to affect repairs. Failure to respond within thirty days is deemed a denial of the claim.
(B) The claimant shall serve a response to the contractor's offer, if any, within ten days of receipt of the offer.
(C) If the parties cannot settle the dispute pursuant to this article, the claimant may proceed with an action.
(D) Any offers of settlement, repair, or remedy pursuant to this section, are not admissible in an action.
Section 40-59-860. (A) Nothing in this article applies to actions arising out of claims for personal injury or death, or both.
(B) Court Administration must develop a designation on the Civil Action Cover Sheet which indicates whether a stay has been granted for a civil action filed pursuant to the South Carolina Notice and Opportunity to Cure Construction Defects Act."
SECTION 2. This act takes effect upon approval by the Governor and applies to claims arising on or after this act's effective date. /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senator RITCHIE proposed the following Amendment No. 2 (GJK\ 20724SD03), which was adopted:
Amend the bill, as and if amended, in Section 40-59-850 of the 1976 Code as contained in SECTION 1 by striking subsection (C) beginning on line 6, page 4, and inserting:
/ (C) If the parties cannot settle the dispute pursuant to this article, the claimant may proceed with a civil action or other remedy provided by contract or by law. /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the amendment.
The amendment was adopted.
The Bill was returned to the House with amendments.
S. 716 (Word version) -- Senators Matthews and Hutto: A BILL TO AMEND ACT 526 OF 1996, AS AMENDED, RELATING TO THE ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICTS, THE ELECTIONS OF BOARDS OF TRUSTEES OF THESE DISTRICTS AND OF THE COUNTY BOARD OF EDUCATION AND THE POWERS AND DUTIES OF THESE BOARDS, SO AS TO AUTHORIZE THE COUNTY BOARD OF EDUCATION TO MEET MORE FREQUENTLY THAN QUARTERLY AND FOR EACH BOARD MEMBER TO RECEIVE COMPENSATION FOR ALL BOARD MEETINGS ATTENDED DURING A FISCAL YEAR, NOT TO EXCEED A TOTAL OF EIGHT HUNDRED DOLLARS; TO PROVIDE THAT THE ANNUAL OPERATING BUDGET OF THE COUNTY BOARD OF EDUCATION MAY NOT EXCEED THE DOLLAR VALUE OF ONE-TENTH MILL; TO REQUIRE THAT FUNDS REMAINING ON THIS ACT'S EFFECTIVE DATE UNDER THE CONTROL OR USE OF THE COUNTY BOARD OF EDUCATION FOR OPERATIONS BE DISTRIBUTED AMONG THE THREE CONSOLIDATED SCHOOL DISTRICTS IN ACCORDANCE WITH THE AVERAGE DAILY MEMBERSHIP FORMULA; AND TO AUTHORIZE THE BOARD TO RETAIN TEN THOUSAND DOLLARS FOR OPERATIONS; TO REVISE THE FORMULA EQUALIZING WEALTH PER STUDENT AMONG THE DISTRICTS BY USING FIVE MILLS RATHER THAN TWENTY-FIVE MILLS AS THE MULTIPLIER IN THIS FORMULA, AND TO REVISE AN ADJUSTMENT IF THE REMIT IS ZERO OR LESS; AND TO DELETE OUTDATED PROVISIONS RELATING TO INITIAL ELECTION OF MEMBERS TO THE CONSOLIDATED SCHOOL DISTRICTS.
The House returned the Bill with amendments.
On motion of Senator HUTTO, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 194 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 9-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO DELETE FROM THE DEFINITION OF "EMPLOYEE" THE EXCLUSION FROM COLLEGE WORK-STUDY STUDENTS AND GRADUATE ASSISTANTS.
The House returned the Bill with amendments.
On motion of Senator McGILL, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 560 (Word version) -- Senators Leatherman, Ritchie, Knotts, Grooms, Verdin, Giese, Branton, Mescher, McConnell, McGill, J. Verne Smith, Alexander, Martin, Short, Moore, Ravenel, O'Dell, Drummond, Hayes, Setzler and Ford: A BILL TO ENACT THE SOUTH CAROLINA LIFE SCIENCES ACT, BY DEFINING A LIFE SCIENCES FACILITY AND PROVIDING THAT A LIFE SCIENCES FACILITY PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH ANNUAL CASH COMPENSATION AT LEAST ONE HUNDRED FIFTY PERCENT OF AVERAGE PER CAPITA INCOME IN THIS STATE IS ELIGIBLE FOR EMPLOYEE RELOCATION EXPENSE REIMBURSEMENT AND THE WAIVER ALLOWED ON THE LIMIT FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, TO ALLOW A TAXPAYER OPERATING A LIFE SCIENCES FACILITY TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF REVENUE NOT TO EXCEED FIFTEEN YEARS DURATION FOR ALLOCATION AND APPORTIONMENT FOR PURPOSES OF CORPORATE INCOME TAX, TO AMEND SECTION 12-37-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPRECIATION ALLOWANCE FOR PURPOSES OF THE PROPERTY TAX, SO AS TO INCREASE THE ANNUAL DEPRECIATION ALLOWANCE FOR USE OF CLEAN ROOMS FROM TEN TO FIFTEEN PERCENT AND TO PROVIDE A TWENTY PERCENT ANNUAL DEPRECIATION ALLOWANCE FOR MACHINERY AND EQUIPMENT USED FOR MANUFACTURING IN A LIFE SCIENCES FACILITY AND TO DEFINE "LIFE SCIENCES FACILITY", TO AMEND SECTIONS 11-41-20, 11-41-30, AND 11-41-70, RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE ITS FINDINGS, DEFINITIONS, AND NOTICE REQUIREMENTS TO ALLOW SUCH BONDS TO BE USED FOR INFRASTRUCTURE FOR A LIFE SCIENCES FACILITY IN A PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH AN ANNUAL CASH COMPENSATION AT LEAST TWICE PER CAPITA INCOME IN THE STATE AND PROVIDE THAT, WHILE INFRASTRUCTURE PROVIDED BY THESE BONDS MUST RELATE SPECIFICALLY TO THE PROJECT, SUCH INFRASTRUCTURE IS NOT REQUIRED TO BE LOCATED AT THE PROJECT, AND TO AMEND SECTION 11-41-120, RELATING TO FORMALITIES IN THE ISSUING OF THESE BONDS, SO AS TO REVISE THESE REQUIREMENTS.
The House returned the Bill with amendments.
The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 6 proposed by Senators RITCHIE, LAND, LEATHERMAN, MOORE, ALEXANDER, McGILL, MARTIN and COURSON and printed in the Journal of Wednesday, June 4, 2003.
Senator KUHN argued contra to the adoption of the amendment.
Senator RYBERG asked unanimous consent to make a motion to carry over S. 560, with Senator KUHN retaining the floor, and proceed to a Call of the Uncontested Local and Statewide Calendar, and upon completion of the Calendar, the Senate would revert to a consideration of S. 560.
Senator KUHN objected.
Senator KUHN argued contra to the adoption of the amendment.
At 1:12 P.M., Senator PEELER assumed the Chair.
Senator KUHN argued contra to the adoption of the amendment.
With Senator KUHN retaining the floor, Senator McGILL asked unanimous consent to make a motion to proceed to a Call of the Uncontested Statewide Calendar and upon completion of the Calendar or after an hour and a half, the Senate would revert to a consideration of S. 560.
Senator JACKSON objected.
Senator KUHN argued contra to the adoption of the amendment.
With Senator KUHN retaining the floor, Senator RYBERG asked unanimous consent to make a motion to carry over S. 560, proceed to consider the matters in the Box, and then proceed to a Call of the Uncontested Local and Statewide Calendar, take up reports from committees of conference when made available and, upon completion of the Calendar, the Senate would revert to a consideration of S. 560 at 3:00 P.M., with Senator KUHN retaining the floor.
Senator GLOVER objected.
Senator KUHN argued contra to the adoption of the amendment.
With Senator KUHN retaining the floor on S. 560, on motion of Senator McCONNELL, with unanimous consent, H. 3206 was taken up for immediate consideration.
H. 3206 (Word version) -- Reps. Wilkins, Harrison, W.D. Smith, Stille, Taylor, Bailey, Delleney, Walker, Ceips, Bales, Mahaffey, G.M. Smith, J.E. Smith, Sandifer, Bingham, Young, Toole, Keegan, Clemmons, Littlejohn, Viers, Kirsh, Thompson, Hinson, McLeod, Owens and Edge: A BILL TO AMEND VARIOUS SECTIONS OF TITLE 2, CHAPTER 17 OF THE 1976 CODE, AS AMENDED, RELATING TO LOBBYISTS AND LOBBYING, AND TO AMEND VARIOUS SECTIONS OF TITLE 8, CHAPTER 13 OF THE 1976 CODE, AS AMENDED, RELATING TO THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT. (ABBREVIATED TITLE)
On motion of Senator McCONNELL, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator McCONNELL spoke on the report.
On motion of Senator McCONNELL, with unanimous consent, Free Conference Powers were granted.
Whereupon, Senators McCONNELL, MOORE and ALEXANDER were appointed to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.
On motion of Senator McCONNELL, the Report of the Committee of Free Conference to H. 3206 was adopted as follows:
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3206 (Word version) -- Reps. Wilkins, Harrison, W.D. Smith, Stille, Taylor, Bailey, Delleney, Walker, Ceips, Bales, Mahaffey, G.M. Smith, J.E. Smith, Sandifer, Bingham, Young, Toole, Keegan, Clemmons, Littlejohn, Viers, Kirsh, Thompson, Hinson, McLeod, Owens and Edge: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYISTS' PRINCIPALS' REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY OR DEPARTMENT REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS AND AUTHORIZE INVITATIONS TO BE EXTENDED AT NATIONAL AND REGIONAL CONVENTIONS AND CONFERENCES TO ALL MEMBERS OF THE GENERAL ASSEMBLY; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT, SO AS TO DELETE WITHIN THE DEFINITION OF "ELECTION", A BALLOT MEASURE; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO REQUIRE A NOTICE OF WAIVER BE FORWARDED TO THE STATE ETHICS COMMISSION AFTER A COMPLAINT HAS BEEN DISMISSED WHEN IT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; TO AMEND SECTION 8-13-530, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS COMMITTEES, SO AS TO INCLUDE LEGISLATIVE CAUCUS COMMITTEES WITHIN THE JURISDICTION OF A COMMITTEE; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS RELATING TO CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "COMMITTEE" TO INCLUDE A PERSON WHO, TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE, MAKES INDEPENDENT EXPENDITURES AGGREGATING FIVE HUNDRED DOLLARS OR MORE DURING AN ELECTION CYCLE FOR THE ELECTION OR DEFEAT OF A CANDIDATE, AND DELETE A BALLOT MEASURE WITHIN THIS DEFINITION, TO AMEND THE DEFINITION OF "ELECTION" TO DELETE BALLOT MEASURE WITHIN ITS DEFINITION, TO AMEND THE DEFINITION OF "INDEPENDENT EXPENDITURE" TO INCLUDE AN EXPENDITURE MADE UPON CONSULTATION WITH A COMMITTEE OR AGENT OF A COMMITTEE OR A BALLOT MEASURE COMMITTEE OR AN AGENT OF A BALLOT MEASURE COMMITTEE AND DELETING WITHIN THE DEFINITION AN EXPENDITURE MADE BY A PERSON TO ADVOCATE THE ELECTION OR DEFEAT OF A CLEARLY DEFINED CANDIDATE OR BALLOT MEASURE, DELETING EXPENDITURES WHEN TAKEN AS A WHOLE AND IN CONTEXT MADE BY A PERSON EXPRESSLY TO URGE A PARTICULAR RESULT IN AN ELECTION, BY DEFINING "BALLOT MEASURE COMMITTEE" AND "INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE"; TO AMEND SECTION 8-13-1302, RELATING TO MAINTENANCE OF RECORDS OF CONTRIBUTIONS BY A CANDIDATE, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1304, RELATING TO THE REQUIREMENT THAT COMMITTEES RECEIVING AND SPENDING FUNDS SHALL FILE A STATEMENT OF ORGANIZATION, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN FIVE HUNDRED DOLLARS IN THE AGGREGATE DURING AN ELECTION CYCLE TO INFLUENCE THE OUTCOME OF A BALLOT MEASURE TO FILE A STATEMENT OF ORGANIZATION AND DELETE THE REQUIREMENT FOR THE STATEMENT TO BE FILED BY A COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN FIVE HUNDRED DOLLARS; TO AMEND SECTION 8-13-1306, RELATING TO THE CONTENTS OF A STATEMENT OF ORGANIZATION, SO AS TO INCLUDE BALLOT MEASURE COMMITTEE WHERE APPLICABLE; TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO THE FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO INCLUDE THE MAKING OF INDEPENDENT EXPENDITURES WITHIN THE REQUIREMENTS OF THE SECTION AND REQUIRE A POLITICAL PARTY, LEGISLATIVE CAUCUS COMMITTEE, AND A PARTY COMMITTEE TO FILE A CERTIFIED CAMPAIGN REPORT UPON THE RECEIPT OF ANYTHING OF VALUE WHICH TOTALS MORE THAN FIVE HUNDRED DOLLARS AND DEFINE "ANYTHING OF VALUE"; BY ADDING SECTION 8-13-1309, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE REQUIRED TO FILE A STATEMENT OF ORGANIZATION SHALL FILE AN INITIAL CERTIFIED CAMPAIGN REPORT WHEN IT RECEIVES OR EXPENDS CAMPAIGN CONTRIBUTIONS TOTALING CERTAIN SPECIFIED AMOUNTS; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1316, RELATING TO RESTRICTIONS ON CAMPAIGN CONTRIBUTIONS RECEIVED FROM POLITICAL PARTIES, SO AS TO PROHIBIT A POLITICAL PARTY FROM RECEIVING CONTRIBUTIONS THROUGH ITS PARTY COMMITTEES OR LEGISLATIVE CAUCUS COMMITTEES WHICH TOTAL CERTAIN AGGREGATE AMOUNTS AND PROVIDE THAT A CONTRIBUTION GIVEN IN VIOLATION OF THIS SECTION MAY NOT BE KEPT BY THE RECIPIENT, BUT WITHIN TEN DAYS REMIT IT TO THE CHILDREN'S TRUST FUND; TO AMEND SECTION 8-13-1324, RELATING TO ANONYMOUS CAMPAIGN CONTRIBUTIONS, SO AS TO PROHIBIT THESE CONTRIBUTIONS TO A BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1332, RELATING TO UNLAWFUL CONTRIBUTIONS AND EXPENDITURES, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE AS WELL AS A COMMITTEE AND DELETE FROM THE PROHIBITION AN ORGANIZATION OR COMMITTEE OF AN ORGANIZATION TO SOLICIT CONTRIBUTIONS TO THE ORGANIZATION COMMITTEE FROM A PERSON OTHER THAN ITS MEMBERS AND THEIR FAMILIES; BY ADDING SECTION 8-13-1333 SO AS TO AUTHORIZE NOT-FOR-PROFIT CORPORATIONS AND COMMITTEES FORMED BY NOT-FOR-PROFIT CORPORATIONS TO SOLICIT CONTRIBUTIONS FROM THE GENERAL PUBLIC; TO AMEND SECTION 8-13-1354, AS AMENDED, RELATING TO THE IDENTIFICATION OF A PERSON INDEPENDENTLY PAYING FOR ELECTION-RELATED COMMUNICATION, SO AS TO DELETE A BALLOT MEASURE FROM THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; TO AMEND SECTION 8-13-1368, RELATING TO TERMINATION OF CAMPAIGN FILING REQUIREMENTS, SO AS TO INCLUDE BALLOT MEASURE COMMITTEES WITH THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1370, RELATING TO THE USE OF UNEXPENDED CONTRIBUTIONS BY A CANDIDATE AFTER AN ELECTION, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE WITHIN THE REQUIREMENTS OF THE SECTION; BY ADDING SECTION 8-13-1371 SO AS TO ESTABLISH CONDITIONS UNDER WHICH CONTRIBUTIONS TO A BALLOT MEASURE COMMITTEE MAY BE USED, PROVIDE THAT THE STATE ETHICS COMMISSION HAS JURISDICTION TO SEIZE FUNDS AND DISTRIBUTE THEM AMONG VARIOUS SPECIFIED FUNDS OR ENTITIES IF THERE IS A VIOLATION OF THIS SECTION; TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS; BY ADDING SECTION 8-13-1373 SO AS TO REQUIRE THE BUDGET AND CONTROL BOARD, USING FUNDS APPROPRIATED TO IT, TO DEFEND AN ACTION BROUGHT AGAINST THE STATE OR ITS POLITICAL SUBDIVISIONS IF THE ATTORNEY GENERAL HAS BEEN REQUESTED AND REFUSES TO DEFEND THE ACTION; TO AMEND SECTION 8-13-1510, RELATING TO THE PENALTY FOR LATE FILING OF OR FAILURE TO FILE A REPORT OR STATEMENT, SO AS TO DELETE THE FIVE HUNDRED DOLLAR MAXIMUM FINE; TO AMEND SECTION 8-13-1520, RELATING TO A VIOLATION OF CHAPTER 13 OF TITLE 8, SO AS TO MAKE CERTAIN VIOLATIONS OF ARTICLE 13, CHAPTER 13, TITLE 8 A MISDEMEANOR AND PROVIDE PENALTIES FOR VIOLATIONS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer's Version April 30, 2003)
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 2-17-20(A) of the 1976 Code is amended to read:
"(A) Any person who acts as a lobbyist shall must, within fifteen days of being employed, appointed, or retained as a lobbyist, register with the State Ethics Commission as provided in this section. Each person registering shall must pay a fee of fifty one hundred dollars and present to the State Ethics Commission a communication reflecting the authority of the registrant to represent the person by whom he is employed, appointed, or retained. If a partnership, committee, association, corporation, labor organization, or any other organization or group of persons registers as a lobbyist, then it must identify each person who will act as a lobbyist on its behalf during the covered period. There is no registration fee for a lobbyist who is a full-time employee of a state agency and limits his lobbying to efforts on behalf of that particular state agency."
SECTION 2. Section 2-17-20(C) of the 1976 Code is amended to read:
"(C) Each lobbyist who ceases to engage in lobbying requiring him to register under pursuant to the provisions of this section must shall file a written statement with the State Ethics Commission acknowledging the termination of lobbying. The written statement of termination is effective immediately, except that the provisions of Sections 2-17-80(A)(5), 2-17-80(B)(5), 2-17-110(C), and 2-17-110(F) continue in force and effect for the remainder of the calendar year in which the lobbyist was registered, regardless of the date of the termination statement filed with the State Ethics Commission. Each lobbyist who files a written statement of termination under pursuant to the provisions of this section must file reports required by this chapter for any reporting period during which he the lobbyist was registered under pursuant to the provisions of this section."
SECTION 3. Section 2-17-25(A) of the 1976 Code is amended to read:
"(A) Any lobbyist's principal shall must, within fifteen days of employing, appointing, or retaining a lobbyist, register with the State Ethics Commission as provided in this section. Each person registering shall must pay a fee of fifty one hundred dollars. If a partnership, committee, an association, a corporation, labor organization, or any other organization or group of persons registers as a lobbyist's principal, then it must identify each person who will act as a lobbyist on its behalf during the covered period. If the State is a lobbyist's principal, the State is exempt from paying a registration fee and filing a lobbyist's principal registration statement."
SECTION 4. Section 2-17-25(C) of the 1976 Code is amended to read:
"(C) Each lobbyist's principal who ceases to authorize lobbying requiring him to register under pursuant to this section must file a written statement with the State Ethics Commission acknowledging the termination of lobbying. The written statement of termination is effective immediately, except that the provisions of Sections 2-17-80(A)(5), 2-17-80(B)(5), 2-17-110(C), and 2-17-110(F) continue in force and effect for the remainder of the calendar year in which the lobbyist's principal was registered, regardless of the date of the termination statement filed with the State Ethics Commission. Each lobbyist's principal who files a written statement of termination under pursuant to this section must shall file reports required by this chapter for any reporting period during which he the lobbyist's principal was registered under pursuant to this section."
SECTION 5. The first paragraph of Section 2-17-30(A) of the 1976 Code is amended to read:
"Each lobbyist, no later than April tenth June thirtieth and October tenth January thirty-first of each year, must file a report with the State Ethics Commission covering that lobbyist's lobbying during that filing period. The filing periods shall be are from January first to March May thirty-first for the April tenth June thirtieth report, and shall be are from April June first to September thirtieth December thirty-first for the October tenth January thirty-first report. Any lobbying activity not reflected on the October tenth June thirtieth report and not reported on a statement of termination pursuant to Section 2-17-20(C) must be reported no later than December thirty-first of that January thirty-first of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"
SECTION 6. The first paragraph of Section 2-17-35(A) of the 1976 Code is amended to read:
"Except as otherwise provided by Section 2-17-90(E), each lobbyist's principal, no later than April tenth June thirtieth and October tenth January thirty-first of each year, must file a report with the State Ethics Commission covering that lobbyist's principal's expenditures attributable to lobbying during that filing period. The filing periods shall be are from January first to March May thirty-first for the April tenth June thirtieth report, and shall be are from April June first to September thirtieth December thirty-first for the October tenth January thirty-first report. Any lobbying activity not reflected on the October tenth June thirtieth report and not reported on a statement of termination pursuant to Section 2-17-25(C) must be reported no later than December thirty-first of that January thirty-first of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"
SECTION 7. The first paragraph of Section 2-17-40(A) of the 1976 Code is amended to read:
"Each state agency or department shall must, no later than April first June thirtieth and October first January thirty-first of each year, file a report with the State Ethics Commission covering that agency's lobbying during that filing period. The filing periods are from January first to May thirty-first for the June thirtieth report, and are from June first to December thirty-first for the January thirty-first report. Any lobbying activity not reflected on the June thirtieth report and not reported on a statement of termination pursuant to Section 2-17-25(C) must be reported no later than January thirty-first of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"
SECTION 8. Section 2-17-90(A)(1) of the 1976 Code is amended to read:
"(1) as to members of the General Assembly, a function to which a member of the General Assembly is invited if the entire membership of the House, the Senate, or the General Assembly is invited, or one of the committees, subcommittees, joint committees, legislative caucuses or their committees or subcommittees, or county legislative delegations of the General Assembly of which the legislator is a member is invited. However, the Speaker of the House and Speaker Pro Tempore of the House may be included in an invitation to one of the above groups. In addition, invitations may be extended and accepted when the invitation is extended to all members in attendance at (a) national and regional conventions and conferences of organizations for which the General Assembly pays annual dues as a membership requirement and (b) American Legislative Exchange Council conventions and conferences;"
SECTION 9. Section 2-17-90(A) of the 1976 Code is amended by adding:
"(7) as to cabinet officers, a function to which all cabinet officers are invited."
SECTION 10. Section 2-17-90(B) of the 1976 Code is amended to read:
"(B)(1) No lobbyist's principal or person acting on behalf of a lobbyist's principal may provide to a public official or a public employee pursuant to subsections (A)(1), (A)(2), (A)(3), (A)(4), or (A)(5), or (A)(7) the value of lodging, transportation, entertainment, food, meals, or beverages exceeding twenty-five fifty dollars in a day and two four hundred dollars in a calendar year per public official, or public employee, or cabinet officer.
(2) The daily dollar limitation in item (1) must be adjusted on January first of each even-numbered year by multiplying the base amount by the cumulative Consumer Price Index and rounding it to the nearest $5.00 amount. For purposes of this section, 'base amount' is the daily limitation of fifty dollars, and 'Consumer Price Index' means the Southeastern Consumer Price Index All Urban Consumers as published by the U.S. Department of Labor, Bureau of Labor Statistics.
(3) The State Ethics Commission must determine the cumulative increase in the Consumer Price Index through June thirtieth in odd-numbered years, and determine the adjustment, if any, to be made in the daily limitation. The State Ethics Commission shall approve the adjustment of the annual amount to a figure eight times the adjusted daily limitation.
(4) The State Ethics Commission must notify all lobbyists' principals of the adjusted limitations at the time of registration."
SECTION 11. Section 8-13-100(12) of the 1976 Code is amended to read:
"(12) 'Election' means:
(a) a general, special, primary, or runoff election;
(b) a convention or caucus of a political party held to nominate a candidate; or
(c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State; or
(d) a ballot measure."
SECTION 12. Section 8-13-320(9)(b) of the 1976 Code is amended to read:
"(b)(1) No complaint may be accepted by the commission concerning a candidate for elective office in during the fifty-day period before an election in which he is a candidate. During this fifty-day period, any person may petition the court of common pleas alleging the violations complained of and praying for appropriate relief by way of mandamus or injunction, or both. Within ten days, a rule to show cause hearing must be held, and the court must either dismiss the petition or direct that a mandamus order or an injunction, or both, be issued. A violation of this chapter by a candidate during this fifty-day period must be considered to be an irreparable injury for which no adequate remedy at law exists. The institution of an action for injunctive relief does not relieve any party to the proceeding from any penalty prescribed for violations of this chapter. The court must award reasonable attorneys fees and costs to the non-petitioning party if a petition for mandamus or injunctive relief is dismissed based upon a finding that the:
(i) petition is being presented for an improper purpose such as harassment or to cause delay;
(ii) claims, defenses, and other legal contentions are not warranted by existing law or are based upon a frivolous argument for the extension, modification, or reversal of existing law or the establishment of new law; and
(iii) allegations and other factual contentions do not have evidentiary support or, if specifically so identified, are not likely to have evidentiary support after reasonable opportunity for further investigation or discovery.
(2) Action on a complaint filed against a candidate which was received more than fifty days before the election and but which cannot be disposed of or dismissed by the commission at least thirty days before the election must be postponed until after the election."
SECTION 13. Section 8-13-320(10)(b) of the 1976 Code is amended to read:
"(b) If the commission or its executive director determines that the complaint does not allege facts sufficient to constitute a violation, the commission shall must dismiss the complaint and notify the complainant and respondent, and the. The entire matter must be stricken from public record unless the respondent, by written authorization to the State Ethics Commission, waives the confidentiality of the existence of the complaint and authorizes the release of information about the disposition of the complaint."
SECTION 14. Section 8-13-320 of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) to file, in the court of common pleas of the county in which the respondent of a complaint resides, a certified copy of an order or decision of the commission, whereupon the court must render judgment in accordance with the order or decision without charge to the commission and must notify the respondent of the judgment imposed. The judgment has the same effect as though it had been rendered in a case duly heard and determined by the court."
SECTION 15. Section 8-13-325 of the 1976 Code is amended to read:
"Section 8-13-325. In order to offset costs associated with the: (1) administration and regulation of lobbyists and lobbyist's principals, and (2) enforcement of Chapter 17 of Title 2, The the State Ethics Commission shall retain fees generated by the registration of lobbyists and lobbyist's lobbyists' principals to offset costs associated with the administration and regulation of lobbyists and lobbyist's principals and the initial fine of one hundred dollars, as provided in Sections 2-17-50(A)(2)(a), and the initial fine of one hundred dollars, as provided in Section 8-13-1510(1), for reports received by the State Ethics Commission."
SECTION 16. The 1976 Code is amended by adding:
"Section 8-13-365. (A) The commission must establish a system of electronic filing for all disclosures and reports required pursuant to Article 13 of Chapter 13 of Title 8 from all candidates and entities subject to its jurisdiction. These disclosures and reports for candidates and committees for statewide offices must be filed using an Internet-based filing system as prescribed by the commission. Reports and disclosures filed with the Ethics Committees of the Senate and House of Representatives for legislative offices must be in a format such that these filings can be forwarded to the State Ethics Commission using an Internet-based system. The information contained in the campaign disclosure form, with the exception of social security numbers, campaign bank account numbers, and tax ID numbers, must be publicly accessible, searchable, and transferable.
(B) The Ethics Commission must submit to the General Assembly a report no later than one year after implementation of subsection (A), concerning the effectiveness of mandatory electronic filing, and must make recommendations as to the implementation of mandatory filing for all other candidates and entities."
SECTION 17. Section 8-13-530 of the 1976 Code is amended to read:
"Section 8-13-530. Each ethics committee shall:
(1) ascertain whether a person has failed to comply fully and accurately with the disclosure requirements of this chapter and promptly notify the person to file the necessary notices and reports to satisfy the requirements of this chapter;
(2) receive complaints filed by individuals and, upon a majority vote of the total membership of the committee, file complaints when alleged violations are identified;
(3) upon the filing of a complaint, investigate possible violations of breach of a privilege governing a member of the appropriate house, the alleged breach of a rule governing a member of, legislative caucus committees for, or a candidate for the appropriate house, misconduct of a member of, legislative caucus committees for, or a candidate for the appropriate house, or a violation of this chapter or Chapter 17 of Title 2;
(2)(4) receive and hear a complaint which alleges a breach of a privilege governing a member of the appropriate house, the alleged breach of a rule governing a member of or candidate for the appropriate house, misconduct of a member of or candidate for the appropriate house, or a violation of this chapter or Chapter 17 of Title 2. No complaint may be accepted by the ethics committee concerning a member of or candidate for the appropriate house in during the fifty-day period before an election in which the member or candidate is a candidate. During this fifty-day period, any person may petition the court of common pleas alleging the violations complained of and praying for appropriate relief by way of mandamus or injunction, or both. Within ten days, a rule to show cause hearing must be held, and the court must either dismiss the petition or direct that a mandamus order or an injunction, or both, be issued. A violation of this chapter by a candidate during this fifty-day period must be considered to be an irreparable injury for which no adequate remedy at law exists. The institution of an action for injunctive relief does not relieve any party to the proceeding from any penalty prescribed for violations of this chapter. The court must award reasonable attorneys fees and costs to the non-petitioning party if a petition for mandamus or injunctive relief is dismissed based upon a finding that the:
(i) petition is being presented for an improper purpose such as harassment or to cause delay;
(ii) claims, defenses, and other legal contentions are not warranted by existing law or are based upon a frivolous argument for the extension, modification, or reversal of existing law or the establishment of new law; and
(iii) allegations and other factual contentions do not have evidentiary support or, if specifically so identified, are not likely to have evidentiary support after reasonable opportunity for further investigation or discovery.
Action on a complaint filed against a member or candidate which was received more than fifty days before the election and but which cannot be disposed of or dismissed by the ethics committee at least thirty days before the election must be postponed until after the election;
(3)(5) obtain information and investigate complaints as provided in Section 8-13-540 with respect to any complaint filed pursuant to this chapter or Chapter 17 of Title 2 and to that end may compel by subpoena the attendance and testimony of witnesses and the production of pertinent books and papers;
(4)(6) administer or recommend sanctions appropriate to a particular member of or candidate for the appropriate house pursuant to Section 8-13-540 or dismiss the charges; and
(5)(7) act as an advisory body to the General Assembly and to individual members of or candidates for the appropriate house on questions pertaining to the disclosure and filing requirements of members of or candidates for the appropriate house."
SECTION 18. Section 8-13-770 of the 1976 Code, as last amended by Section 69A.4, Part II, Act 387 of 2000, is further amended to read:
"Section 8-13-770. A member of the General Assembly may not serve in any capacity as a member of a state board or commission, except for the State Budget and Control Board, the Advisory Commission on Intergovernmental Relations, the Legislative Audit Council, the Legislative Council, the Legislative Information Systems, the Judicial Council, the Sentencing Guidelines Commission, the Commission on Prosecution Coordination, the South Carolina Tobacco Community Development Board, the Tobacco Settlement Revenue Management Authority, the South Carolina Transportation Infrastructure Bank, and the joint legislative committees."
SECTION 19. Section 8-13-1300(4) of the 1976 Code is amended to read:
"(4) 'Candidate' means: (a) a person who seeks appointment, nomination for election, or election to a statewide or local office, or authorizes or knowingly permits the collection or disbursement of money for the promotion of his candidacy or election.; (b) a person who is exploring whether or not to seek election at the state or local level; or (c) It also means a person on whose behalf write-in votes are solicited if the person has knowledge of such solicitation. 'Candidate' does not include a candidate within the meaning of Section 431(b) of the Federal Election Campaign Act of 1976."
SECTION 20. Section 8-13-1300(6) of the 1976 Code is amended to read:
"(6) 'Committee' means an association, a club, an organization, or a group of persons which, to influence the outcome of an elective office or a ballot measure, receives contributions or makes expenditures in excess of five hundred dollars in the aggregate during an election cycle. It also means an individual a person who, to influence the outcome of an elective office or a ballot measure, makes:
(a) contributions aggregating at least fifty twenty-five thousand dollars during an election cycle to, or at the request of, a candidate or a committee, or a combination of them.; or
(b) independent expenditures aggregating five hundred dollars or more during an election cycle for the election or defeat of a candidate.
'Committee' includes a party committee, a legislative caucus committee, a noncandidate committee, or a committee that is not a campaign committee for a candidate but that is organized for the purpose of influencing an election."
SECTION 21. Section 8-13-1300(7) of the 1976 Code is amended to read:
"(7) 'Contribution' means a gift, subscription, loan, guarantee upon which collection is made, forgiveness of a loan, an advance, in-kind contribution or expenditure, a deposit of money, or anything of value made to a candidate or committee to influence an election; or payment or compensation for the personal service of another person which is rendered for any purpose to a candidate or committee without charge, whether any of the above are made or offered directly or indirectly. 'Contribution' does not include (a) volunteer personal services on behalf of a candidate or committee for which the volunteer or any person acting on behalf of or instead of the volunteer receives no compensation either in cash or in-kind, directly or indirectly, from any source; or (b) a gift, subscription, loan, guarantee upon which collection is made, forgiveness of a loan, an advance, in-kind contribution or expenditure, a deposit of money, or anything of value made to a committee, other than a candidate committee, and is used to pay for communications made not more than forty-five days before the election to influence the outcome of an elective office as defined in Section 8-13-1300(31)(c). These funds must be deposited in an account separate from a campaign account as required in Section 8-13-1312."
SECTION 22. Section 8-13-1300(9) of the 1976 Code is amended to read:
"(9) 'Election' means:
(a) a general, special, primary, or runoff election;
(b) a convention or caucus of a political party held to nominate a candidate; or
(c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State; or
(d) a ballot measure."
SECTION 23. Section 8-13-1300(17) of the 1976 Code is amended to read:
"(17) 'Independent expenditure' means:
(a) an expenditure made directly or indirectly by a person to advocate the election or defeat of a clearly identified candidate or ballot measure; and
(b) when taken as a whole and in context, the expenditure made by a person expressly to urge a particular result in an election to influence the outcome of an elective office or ballot measure but which is not:
(i) made to;
(ii) controlled by;
(iii) coordinated with;
(iv) requested by; or
(v) made upon consultation with a candidate or an agent of a candidate; or a committee or agent of a committee; or a ballot measure committee or an agent of a ballot measure committee.
Expenditures by party committees or expenditures by legislative caucus committees based upon party affiliation are considered to be controlled by, coordinated with, requested by, or made upon consultation with a candidate or an agent of a candidate."
SECTION 24. Section 8-13-1300 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) 'Ballot measure committee' means:
(a) an association, club, an organization, or a group of persons which, to influence the outcome of a ballot measure, receives contributions or makes expenditures in excess of two thousand five hundred dollars in the aggregate during an election cycle;
(b) a person, other than an individual, who, to influence the outcome of a ballot measure, makes contributions aggregating at least fifty thousand dollars during an election cycle to or at the request of a ballot measure committee; or
(c) a person, other than an individual, who, to influence the outcome of a ballot measure, makes independent expenditures aggregating two thousand five hundred dollars or more during an election cycle."
SECTION 25. Section 8-13-1300 of the 1976 Code is amended by adding an item at the end to read:
"(31) 'Influence the outcome of an elective office' means:
(a) expressly advocating the election or defeat of a clearly identified candidate using words including or substantially similar to 'vote for', 'elect', 'cast your ballot for', 'Smith for Governor', 'vote against', 'defeat', or 'reject';
(b) communicating campaign slogans or individual words that, taken in context, have no other reasonable meaning other than to urge the election or defeat of a clearly identified candidate including or substantially similar to slogans or words such as 'Smith's the One', 'Jones 2000', 'Smith/Jones', 'Jones!', or 'Smith-A man for the People!'; or
(c) any communication made, not more than forty-five days before an election, which promotes or supports a candidate or attacks or opposes a candidate, regardless of whether the communication expressly advocates a vote for or against a candidate. For purposes of this paragraph, 'communication' means (i) any paid advertisement or purchased program time broadcast over television or radio; (ii) any paid message conveyed through telephone banks, direct mail, or electronic mail; or (iii) any paid advertisement that costs more than $5,000 that is conveyed through a communication medium other than those set forth in subsections (i) or (ii) of this paragraph. 'Communication' does not include news, commentary, or editorial programming or article, or communication to an organization's own members."
SECTION 26. Section 8-13-1300 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) 'Coordinated with' means discussion or negotiation between a candidate or a candidate's agent and: (a) a person; (b) an agent of a person; (c) any other agent of a candidate; or (d) any combination of these concerning, but not limited to, a political communication's:
(1) contents, including the specific wording of print, broadcast, or telephone communications; appearance of print or broadcast communications; the message or theme of print or broadcast communications;
(2) timing, including the proximity to general or primary elections, proximity to other political communications, and proximity to other campaign events;
(3) location, including the proximity to other political communications, or geographical targeting, or both;
(4) mode, including the medium (phone, broadcast, print, etc.) of the communication;
(5) intended audience, including the demographic or political targeting, or geographical targeting; and
(6) volume, including the amount, frequency, or size of the political communication."
SECTION 27. Section 8-13-1300 of the 1976 Code is amended by adding appropriately numbered items at the end to read:
"( ) 'Operation expenses' means expenditures for salaries and/or fringe benefits for part-time, full-time, temporary and/or contract employees; meeting expenses, travel, utilities, communications and/or communications equipment whether leased or purchased, printing or printing services, postage, food and/or beverage, advertising, consulting services, and/or any other expenditures which are not an authorized contribution to a candidate, committee, or ballot measure committee."
SECTION 28. Section 8-13-1302 of the 1976 Code is amended to read:
"Section 8-13-1302. (A) A candidate, or committee, or ballot measure committee shall must maintain and preserve an account of:
(1) the total amount of contributions accepted by the candidate, or committee, or ballot measure committee;
(2) the name and address of each person making a contribution and the amount and date of receipt of each contribution;
(3) the total amount of expenditures made by or on behalf of the candidate, or committee, or ballot measure committee;
(4) the name and address of each person to whom an expenditure is made including the date, amount, purpose, and beneficiary of the expenditure;
(5) all receipted bills, canceled checks, or other proof of payment for each expenditure; and
(6) the occupation of each person making a contribution.
(B) The candidate, or committee, or ballot measure committee must maintain and preserve all receipted bills and accounts required by this article for four years."
SECTION 29. Section 8-13-1304 of the 1976 Code is amended to read:
"Section 8-13-1304. (A) A committee, except an out-of-state committee, which receives or expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of an elective office or ballot measure must file a statement of organization with the State Ethics Commission no later than five days after receiving the contribution or making the expenditure. An out-of-state committee which expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of an elective office or a ballot measure must file a statement of organization with the State Ethics Commission no later than five days after making the expenditure.
(B) A ballot measure committee, except an out-of-state ballot measure committee, which receives or expends more than two thousand five hundred dollars in the aggregate during an election cycle to influence the outcome of a ballot measure must file a statement of organization with the State Ethics Commission no later than five days after receiving the contribution or making the expenditure. An out-of-state ballot measure committee which expends more than two thousand five hundred dollars in the aggregate during an election cycle to influence the outcome of a ballot measure must file a statement of organization with the State Ethics Commission no later than five days after making the expenditure."
SECTION 30. Section 8-13-1306 of the 1976 Code is amended to read:
"Section 8-13-1306. (A) The statement of organization of a committee or a ballot measure committee must include:
(1) the full name of the committee or ballot measure committee;
(2) the complete address and telephone number of the committee or ballot measure committee;
(3) the date the committee or ballot measure committee was organized;
(4) a summary of the purpose of the committee or ballot measure committee;
(5) the name and address of a corporation or an organization that sponsors the committee or ballot measure committee or is affiliated with the committee or ballot measure committee. If the committee or ballot measure committee is not sponsored by or affiliated with a corporation or an organization, the committee or ballot measure committee must specify the trade, profession, or primary interest of contributors to the committee or ballot measure committee;
(6) the full name, address, telephone number, occupation, and principal place of business of the chairman and treasurer of the committee or ballot measure committee;
(7) the full name, address, telephone number, occupation, and principal place of business of the custodian of the books and accounts, if other than the custodian is not one of the designated officers;
(8) the full name and address of the depository in which the committee or ballot measure committee maintains its campaign account and the number of the account; and
(9) a certification of the statement by the chairman and the treasurer.
(B) The name of the committee or ballot measure committee designated on the statement of organization must incorporate the full name of the sponsoring entity, if any. An acronym or abbreviation may be used in other communications if the acronym or abbreviation commonly is known or clearly recognized by the general public.
(C) The chairman must notify the State Ethics Commission in writing of a change in information previously reported in a statement of organization no later than ten business days after the change."
SECTION 31. Section 8-13-1308(A) of the 1976 Code is amended to read:
"(A) Upon the receipt or expenditure of campaign contributions or the making of independent expenditures totaling, in an accumulated aggregate, of five hundred dollars or more, a candidate or committee required to file a statement of organization pursuant to Section 8-13-1304(A) must file an initial certified campaign report within ten days of these initial receipts or expenditures. However, a candidate or a committee that who does not receive or expend campaign contributions totaling, in an accumulated aggregate, of five hundred dollars or more must file an initial certified campaign report fifteen days before an election."
SECTION 32. Section 8-13-1308(D)(1) of the 1976 Code is amended to read:
"(D)(1) At least fifteen days before an election, a certified campaign report must be filed showing contributions of more than one hundred dollars and expenditures to or by the candidate or committee for the period ending twenty days before the election. The candidate or committee must maintain a current list during the period before the election commencing at the beginning of the calendar quarter of the election of all contributions of more than one hundred dollars and expenditures. The list must be open to public inspection upon request."
SECTION 33. Section 8-13-1308(F)(2) of the 1976 Code is amended to read:
"(2) the name and address of each person making a contribution of more than one hundred dollars and the amount and date of receipt of each contribution;"
SECTION 34. Section 8-13-1308 of the 1976 Code is further amended by adding a new subsection to read:
"(G) Notwithstanding any other reporting requirements in this chapter, a political party, legislative caucus committee, and a party committee must file a certified campaign report upon the receipt of anything of value which total in the aggregate five hundred dollars or more. For purposes of this section, 'anything of value' includes contributions received which may be used for the payment of operation expenses of a political party, legislative caucus committee, or a party committee. A political party also must comply with the reporting requirements of subsections (B), (C), and (F) of Section 8-13-1308 in the same manner as a candidate or committee."
SECTION 35. The 1976 Code is amended by adding:
"Section 8-13-1309. (A) Upon the receipt or expenditure of campaign contributions or the making of independent expenditures totaling, in an accumulated aggregate, two thousand five hundred dollars or more, a ballot measure committee required to file a statement of organization pursuant to Section 8-13-1304(B) must file an initial certified campaign report within ten days of these initial receipts or expenditures.
(B) Following the filing of an initial certified campaign report, additional certified campaign reports must be filed within ten days following the end of each calendar quarter in which contributions are received or expenditures are made, whether before or after a ballot measure election until the campaign account undergoes final disbursement pursuant to the provisions of Section 8-13-1370(C).
(C) At least fifteen days before a ballot measure election, a certified campaign report must be filed showing contributions of more than one hundred dollars and expenditures to or by the ballot measure committee for the period ending twenty days before the ballot measure election. The ballot measure committee must maintain a current list during the period before the ballot measure election commencing at the beginning of the calendar quarter of the election of all contributions of more than one hundred dollars. The list must be open to public inspection upon request.
(D) Notwithstanding the provisions of subsections (B) and (C), if a pre-election campaign report provided for in subsection (C) is required to be filed within thirty days of the end of the prior quarter, a ballot measure committee must combine the quarterly report provided for in subsection (B) and the pre-election report and file the combined report subject to the provisions of subsection (C) no later than fifteen days before the ballot measure election.
(E) Certified campaign reports detailing campaign contributions and expenditures must contain:
(1) the total amount of contributions accepted by the ballot measure committee;
(2) the name and address of each person making a contribution of more than one hundred dollars and the amount and date of receipt of each contribution;
(3) the total amount of expenditures made by or on behalf of the ballot measure committee; and
(4) the name and address of each person to whom an expenditure is made from campaign funds, including the date, amount, purpose, and beneficiary of the expenditure."
SECTION 36. Section 8-13-1310 of the 1976 Code is amended to read:
"Section 8-13-1310. (A) All persons required to file certified campaign reports under pursuant to the provisions of this article must file those reports with the appropriate supervisory office.
(B) The Ethics Committees of the Senate Ethics Committee and the House of Representatives Ethics Committee must forward a copy of each statement filed with it them to the State Ethics Commission within five business days of receipt.
(C) Within five days of receipt, a copy of all campaign reports received by the State Ethics Commission must be forwarded to the State Election Commission and the clerk of court in the county of residence of the person required to file.
(D) As provided in Section 8-13-1372, the State Election Ethics Commission must review all statements forwarded to it by the State Ethics Commission for inadvertent and unintentional errors or omissions."
SECTION 37. Section 8-13-1312 of the 1976 Code is amended to read:
"Section 8-13-1312. A Except as is required for the separation of funds and expenditures under the provisions of Section 8-13-1300(7), a candidate may shall not establish more than one campaign checking account and one campaign savings account for each office sought, and a committee may shall not establish more than one checking account and one savings account unless federal or state law requires additional accounts. For purposes of this article, certificates of deposit or other interest bearing instruments are not considered separate accounts. A candidate's accounts must be established in a financial institution that conducts business within the State and in an office located within the State that conducts business with the general public. The candidate or a duly authorized officer of a committee must maintain the accounts in the name of the candidate or committee. An acronym must not be used in the case of a candidate's accounts. An acronym or abbreviation may be used in the case of a committee's accounts if the acronym or abbreviation commonly is known or clearly recognized by the general public. Except as otherwise provided under Section 8-13-1348(C), expenses paid on behalf of a candidate or committee must be drawn from the campaign account and issued on a check signed by the candidate or a duly authorized officer of a committee. All contributions received by the candidate or committee, directly or indirectly, must be deposited in the campaign account by the candidate or committee within ten days after receipt. All contributions received by an agent of a candidate or committee must be forwarded to the candidate or committee not later than five days after receipt. A contribution must not be deposited until the candidate or committee receives information regarding the name and address of the contributor. If the name and address cannot be determined within ten seven days after receipt, the contribution must be remitted to the Children's Trust Fund."
SECTION 38. Section 8-13-1314 of the 1976 Code is amended to read:
"Section 8-13-1314. (A) Within an election cycle, no candidate or anyone acting on his behalf may shall solicit or accept, and no person shall give or offer to give to a candidate or person acting on the candidate's behalf:
(1) a contribution which exceeds:
(a) three thousand five hundred dollars in the case of a candidate for statewide office; or
(b) one thousand dollars in the case of a candidate for any other office;
(2) a cash contribution from an individual unless the cash contribution does not exceed twenty-five dollars and is accompanied by a record of the amount of the contribution and the name and address of the contributor;
(3) a contribution from, whether directly or indirectly, a registered lobbyist if that lobbyist engages in lobbying the public office or public body for which the candidate is seeking election;
(4) contributions for two elective offices simultaneously, except as provided in Section 8-13-1318.
(B) The restrictions on contributions in subsections (A)(1) and (A)(2) do not apply to a candidate making a contribution to his own campaign."
SECTION 39. Section 8-13-1316 of the 1976 Code is amended to read:
"Section 8-13-1316. (A) Notwithstanding Section 8-13-1314(A)(1), Within within an election cycle, a candidate may not accept or receive contributions from a political party through its party committees or legislative caucus committees, and a political party through its party committees or legislative caucus committees may not give to a candidate contributions which total in the aggregate more than:
(1) fifty thousand dollars in the case of a candidate for statewide office; or
(2) five thousand dollars in the case of a candidate for any other office.
(B) Party expenditures for partisan multi-candidate promotions for four or more candidates, including candidates for the United States Senate or the United States House of Representatives, where each candidate receives substantially equal treatment, both in terms of time or length discussed and prominence in presentation, shall not be included in the contribution limits under subsection (A). However, multi-candidate promotional expenditures are limited to:
(1) the operation of telephone banks;
(2) the preparation, mailing, and distribution of campaign materials including newspaper, television, and radio advertisements; or
(3) voter registration and ballot information.
(C) The recipient of a contribution given in violation of subsection (A) may not keep the contribution, but within seven days must remit the contribution to the Children's Trust Fund."
SECTION 40. Section 8-13-1324 of the 1976 Code is amended to read:
"Section 8-13-1324. (A) A person may shall not make an anonymous contribution to a candidate, or committee, or ballot measure committee, and a candidate, or committee, or ballot measure committee may shall not accept an anonymous contribution from an individual except at a ticketed event where food or beverages are served or where political merchandise is distributed and where the price of the ticket is twenty-five dollars or less and goes toward defraying the cost of food, beverages, or political merchandise in whole or in part.
(B) The recipient of an anonymous contribution given in violation of subsection (A) or the recipient of any other anonymous contribution may shall not keep the contribution but within seven days must remit the contribution to the Children's Trust Fund."
SECTION 41. Section 8-13-1332 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-1332. It is unlawful for:
(1) a committee or ballot measure committee to make a contribution or expenditure by using:
(a) anything of value secured by physical force, job discrimination, financial reprisals, or threat of the same; or
(b) dues, fees, or other monies required as a condition of membership in a labor organization, or as a condition of employment; or
(c) monies obtained by the committee or the ballot measure committee in a commercial transaction;
(2) a person to solicit an employee for a contribution and fail to inform the employee of the political purposes of the committee or ballot measure committee and of the employee's right to refuse to contribute without any advantage or promise of an advantage conditioned upon making the contribution or reprisal or threat of reprisal related to the failure to make the contribution;
(3) a corporation or committee of a corporation to solicit contributions to the corporation or committee from a person other than its shareholders, directors, executive or administrative personnel, and their families;, except as provided in Section 8-13-1333.
(4) an organization or committee of an organization to solicit contributions to the organization or committee from a person other than its members and their families."
SECTION 42. Article 13, Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-1333. (A) Not-for-profit corporations and committees formed by not-for-profit corporations may solicit contributions from the general public.
(B) An organization or a committee of an organization may solicit contributions from the general public."
SECTION 43. Section 8-13-1340 is amended to read:
"Section 8-13-1340. (A) Except as provided in subsections (B) and (E), A a candidate or public official may shall not make a contribution to another candidate or make an independent expenditure on behalf of another candidate or public official from the candidate's or public official's campaign account or through a committee, except legislative caucus committees, directly or indirectly established, financed, maintained, or controlled by the candidate or public official.
(B) This section does not prohibit a candidate from:
(1) making a contribution from the candidate's own personal funds on behalf of the candidate's candidacy or to another candidate for a different office; or
(2) providing the candidate's surplus funds or material assets upon final disbursement to a legislative caucus committee or party committee in accordance with the procedures for the final disbursement of a candidate under Section 8-13-1370 of this article.
(C) Assets or funds which are the proceeds of a campaign contribution and which are held by or under the control of a public official or a candidate for public office on January 1, 1992, are considered to be funds held by a candidate and subject to subsection (A).
(D) A committee is considered to be directly or indirectly established, financed, maintained, or controlled by a candidate or public official if any of the following are applicable:
(1) the candidate or public official, or an agent of either, has signature authority on the committee's checks;
(2) funds contributed or disbursed by the committee are authorized or approved by the candidate or public official;
(3) the candidate or public official is clearly identified on either the stationery or letterhead of the committee;
(4) the candidate or public official signs solicitation letters or other correspondence on behalf of the entity;
(5) the candidate, public official, or his campaign staff, office staff, or immediate family members, or any other agent of either, has the authority to approve, alter, or veto the committee's solicitations, contributions, donations, disbursements, or contracts to make disbursements; or
(6) the committee pays for travel by the candidate or public official, his campaign staff or office staff, or any other agent of the candidate or public official, in excess of one hundred dollars per calendar year.
(E) The provisions of subsection (A) do not apply to a committee directly or indirectly established, financed, maintained, or controlled by a candidate or public official if the candidate or public official directly or indirectly establishes, finances, maintains, or controls only one committee in addition to any committee formed by the candidate or public official to solely promote his own candidacy and one legislative caucus committee.
(F) No committee operating under the provisions of Section 8-13-1340(E) may: (1) solicit or accept a contribution from a registered lobbyist if that lobbyist engages in lobbying the public office or public body for which the candidate is seeking election or (2) transfer anything of value to any other committee except as a contribution under the limitations of 8-13-1314(A) or the dissolution provisions of 8-13-1370."
SECTION 44. Section 8-13-1358 of the 1976 Code is amended to read:
"Section 8-13-1358. Except as provided in Section 8-13-365, Certified certified campaign reports must be filed on a format specified by the State Ethics Commission. The reports filed must be typed or printed in ink on forms supplied by the commission. A report may be filed with the commission on a computerized printout if the commission approves the proposed format and style."
SECTION 45. Section 8-13-1366 of the 1976 Code is amended to read:
"Section 8-13-1366. Certified campaign reports must be made available for public inspection at the office of the State Ethics Commission, the State Election Commission, the Senate Ethics Committee, the House of Representatives Ethics Committee, and the county clerk of court within two business days of receipt. The commissions commission, ethics committees, and county clerks of court may shall not require any information or identification as a condition of viewing a report or reports. The commissions commission, ethics committees, and the county clerks of court shall must ensure that the reports are available for copying or purchase at a reasonable cost."
SECTION 46. Section 8-13-1368 of the 1976 Code is amended to read:
"Section 8-13-1368. (A) A candidate is not exempt from the campaign filing requirements as provided in this article until after an election in which the candidate is a candidate or is defeated and after the candidate no longer accepts contributions, incurs expenditures, or pays for expenditures incurred.
(B) Committees and ballot measure committees may dissolve only after no longer accepting contributions, incurring expenditures, or paying for expenditures incurred.
(C) If a committee or a ballot measure committee owes or is owed money, the committee or a ballot measure committee may dissolve, but must report the status of the debt annually on the same schedule as active committees or ballot measure committees until all debts are resolved. The method of resolution to eliminate these debts, including contributions accepted and payment for expenditures incurred, must be stated on the report.
(D) A final report may be filed at the time or before a scheduled filing is due. The form must be marked 'final' and include a list of the material assets worth one hundred dollars or more and state their disposition."
SECTION 47. Section 8-13-1370(C) of the 1976 Code is amended to read:
"(C) A committee required to file reports under this article which has an unexpended balance of funds upon final disbursement not otherwise obligated for expenditures incurred to further the committee's purposes must designate how the surplus funds are to be distributed. The surplus funds must be:
(1) contributed to the state's State's general fund;
(2) returned pro rata to all contributors;
(3) contributed to a political party or to another committee;
(4) contributed to an organization exempt from tax under pursuant to the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986; or
(5) distributed using a combination of these options."
SECTION 48. Section 8-13-1370 of the 1976 Code is amended by adding a subsection to read:
"(D) A ballot measure committee required to file reports under this article which has an unexpended balance of funds upon final disbursement not otherwise obligated for expenditures incurred to further the ballot measure committee's purposes must designate how the surplus funds are to be distributed. The surplus funds must be:
(1) contributed to the State's general fund;
(2) returned pro rata to all contributors;
(3) contributed to another ballot measure committee;
(4) contributed to an organization exempt from tax pursuant to the provisions of Section 501(c)(3) of the Internal Revenue Code; or
(5) distributed using a combination of these options."
SECTION 49. Article 13, Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-1371. (A) A ballot measure committee must not use or permit the use of contributions solicited for or received by the ballot measure committee for any purpose other than the purpose for which the ballot measure committee was originally created, unless the person making the contribution gives written authorization for a different use other than for which the contribution was originally intended.
(B) The State Ethics Commission has jurisdiction to seize all funds in a ballot measure committee's account and distribute them in accordance with subsection (D) of this section when the ballot measure committee violates any provision of this section.
(C) Within sixty days after the election or referendum at which the ballot measure committee attempted to influence the outcome of the election or referendum, the funds remaining in the ballot measure committee's account after the election or referendum must be distributed in accordance with subsection (D) of this section.
(D) The seized funds must be:
(1) contributed to the State's general fund;
(2) contributed to an organization exempt from tax pursuant to the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986;
(3) returned pro rata to all contributors; or
(4) distributed using a combination of these options."
SECTION 50. Section 8-13-1372 of the 1976 Code is amended to read:
"Section 8-13-1372. (A) The State Election Ethics Commission, in its discretion, may determine that errors or omissions on campaign reports are inadvertent and unintentional and not an effort to violate a requirement of this chapter and may be handled as technical violations which are not subject to the provisions of this chapter pertaining to ethical violations. Technical violations must remain confidential unless requested to be made public by the candidate filing the report. In lieu of all other penalties, the State Election Ethics Commission may assess a technical violations penalty not to exceed fifty dollars.
(B) A violation, other than an inadvertent or unintentional violation, must be referred to the appropriate supervisory office for appropriate action."
SECTION 51. The 1976 Code is amended by adding:
"Section 8-13-1373. If the Attorney General, after request by the State or any of its political subdivisions, refuses to defend an action brought in a court of competent jurisdiction challenging any provision of this chapter, the Budget and Control Board, using funds appropriated to the civil contingency fund, must defend the action brought against the State or the political subdivision. In cases where the Attorney General refuses to defend such an action, the Budget and Control Board must consult with the President Pro Tempore of the Senate and the Speaker of the House of Representatives in the selection of counsel and in other matters relating to the management of the litigation."
SECTION 52. Section 8-13-1510 of the 1976 Code is amended to read:
"Section 8-13-1510. Except as otherwise specifically provided in this chapter, a person required to file a report or statement under this chapter who files a late statement or report or fails to file a required statement or report must be assessed a civil penalty as follows:
(1) a fine of one hundred dollars if the statement or report is not filed within five days after the established deadline provided by law in this chapter; or
(2) after notice has been given by certified or registered mail that a required statement or report has not been filed, a fine of ten dollars a per day for the first ten days after notice has been given, and one hundred dollars for each additional calendar day in which the required statement is not filed, not exceeding five hundred dollars."
SECTION 53. Section 8-13-1520 of the 1976 Code is amended to read:
"Section 8-13-1520. (A) Except as otherwise specifically provided in this chapter, a person who violates any provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than one year, or both. A violation of the provisions of this chapter does not necessarily subject a public official to the provisions of Section 8-13-560.
(B) A person who violates any provision of Article 13 is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred percent of the amount of contributions or anything of value that should have been reported pursuant to the provisions of Article 13 but not less than five thousand dollars or imprisoned for not more than one year, or both.
(C) A violation of the provisions of this chapter does not necessarily subject a public official to the provisions of Section 8-13-560."
SECTION 54. Section 8-13-1300(21) of the 1976 Code is amended to read:
(21) 'Legislative caucus committee means:
(a) a committee of either house of the General Assembly controlled by the caucus of a political party or a caucus based upon racial or ethnic affinity, or gender; however, each house may establish only one committee for each political-, racial-, ethnic-, or gender-based affinity.
(b) a party or group of either house of the General Assembly based upon racial or ethnic affinity, or gender. However, each house may establish only one committee for each racial-, ethnic-, or gender-based affinity.
SECTION 55. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or the validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 56. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision so expressly provides. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 57. This act takes effect upon approval by the Governor, except that Sections 5, 6, and 7 take effect January 1, 2004; Sections 15, 43, and 52 take effect July 1, 2003; Sections 16 and 44 take effect November 3, 2004, if funding is appropriated by the General Assembly for this purpose, and apply to: (1) reports required to be filed with the commission after November 2, 2004, by candidates and committees for statewide offices, and (2) the forwarding of filings after November 2, 2004, to the commission by the Ethics Committees of the Senate and House of Representatives, pursuant to Section 8-13-365(A), and take effect January 2006 for these candidates and entities, notwithstanding the failure of the General Assembly to appropriate such funds for this purpose; Sections 19, 20, 21, 23, 24, 25, 26, 27, 28, 29, 31, 32, 33, 34, 35, 37, 38, 39, 49, 53, and 54 take effect November 3, 2004; and the amendments to Section 8-13-1340 as contained in Section 42 (effective July 1, 2003), apply to contributions and transfers made on and after the effective date. /
Amend title to conform.
/s/Glenn F. McConnell /s/James H. Harrison /s/Thomas L. Moore /s/F. Gregory "Greg" Delleney, Jr. /s/Thomas C. Alexander /s/W. Douglas "Doug" Smith On Part of the Senate. On Part of the House.
The question then was the adoption of the Free Conference Report.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Courson Cromer Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hawkins Hayes Holland Hutto Jackson Knotts Kuhn Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Pinckney Rankin Ravenel Reese Richardson Ritchie Ryberg Setzler Short Smith, J. Verne Thomas Verdin Waldrep
The Report of the Committee of Free Conference was adopted, and a message was sent to the House accordingly.
Columbia, S.C., June 5, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has requested and was granted Free Conference Powers and has appointed Reps. Harrison, W.D. Smith and Delleny to the Committee of Free Conference on the part of the House on:
H. 3206 (Word version) -- Reps. Wilkins, Harrison, W.D. Smith, Stille, Taylor, Bailey, Delleney, Walker, Ceips, Bales, Mahaffey, G.M. Smith, J.E. Smith, Sandifer, Bingham, Young, Toole, Keegan, Clemmons, Littlejohn, Viers, Kirsh, Thompson, Hinson, McLeod, Owens and Edge: A BILL TO AMEND VARIOUS SECTIONS OF TITLE 2, CHAPTER 17 OF THE 1976 CODE, AS AMENDED, RELATING TO LOBBYISTS AND LOBBYING, AND TO AMEND VARIOUS SECTIONS OF TITLE 8, CHAPTER 13 OF THE 1976 CODE, AS AMENDED, RELATING TO THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT. (ABBREVIATED TITLE)
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Free Conference on:
H. 3206 (Word version) -- Reps. Wilkins, Harrison, W.D. Smith, Stille, Taylor, Bailey, Delleney, Walker, Ceips, Bales, Mahaffey, G.M. Smith, J.E. Smith, Sandifer, Bingham, Young, Toole, Keegan, Clemmons, Littlejohn, Viers, Kirsh, Thompson, Hinson, McLeod, Owens and Edge: A BILL TO AMEND VARIOUS SECTIONS OF TITLE 2, CHAPTER 17 OF THE 1976 CODE, AS AMENDED, RELATING TO LOBBYISTS AND LOBBYING, AND TO AMEND VARIOUS SECTIONS OF TITLE 8, CHAPTER 13 OF THE 1976 CODE, AS AMENDED, RELATING TO THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT. (ABBREVIATED TITLE)
Very respectfully,
Speaker of the House
Received as information.
The Report of the Committee of Free Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
A message was sent to the House accordingly.
With Senator KUHN retaining the floor on S. 560, on motion of Senator RYBERG, with unanimous consent, H. 3909 was taken up for immediate consideration.
H. 3909 (Word version) -- Reps. Lucas and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 19, TITLE 56 SO AS TO PROVIDE A UNIFORM PROCEDURE TO RETIRE THE TITLE CERTIFICATE TO CERTAIN MANUFACTURED HOMES AFFIXED TO REAL PROPERTY AND TO PROVIDE FOR THE CREATION OF A PROCEDURE BY WHICH A MANUFACTURED HOME AFFIXED TO REAL PROPERTY MAY BE SUBJECT TO A MORTGAGE ON THE REAL PROPERTY TO WHICH THE MANUFACTURED HOME IS AFFIXED.
The House returned the Bill with amendments.
On motion of Senator RYBERG, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
At 1:40 P.M., the PRESIDENT assumed the Chair.
The Senate resumed consideration of S. 560.
Senator KUHN argued contra to the adoption of the amendment.
At 1:42 P.M., on motion of Senator MOORE, the Senate receded from business not to exceed five minutes.
At 1:47 P.M., the Senate resumed.
Senator KUHN argued contra to the adoption of the amendment.
Senator McCONNELL asked unanimous consent to make a motion to carry over S. 560 with Senator KUHN retaining the floor, and proceed to a consideration of matters in the Box, then proceed to a Call of the Uncontested Statewide Calendar, receive any reports of committees of conference when made available with all members reserving their rights, and at the conclusion of the Call of the Uncontested Statewide Calendar, the Senate would resume consideration of S. 560, with Senator KUHN retaining the floor.
Senator GLOVER objected.
Senator KUHN argued contra to the adoption of the amendment.
On motion of Senator LEATHERMAN, with unanimous consent, consideration was interrupted on S. 560, with Senator KUHN retaining the floor.
At 1:52 P.M., with Senator KUHN retaining the floor, on motion of Senator LEATHERMAN, with unanimous consent, the Senate receded from business until 2:30 P.M.
The Senate reassembled at 2:32 P.M. and was called to order by the PRESIDENT.
At 2:33 P.M., Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator LEATHERMAN moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Branton Courson Cromer Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hawkins Hayes Holland Hutto Jackson Knotts Kuhn Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Pinckney Rankin Ravenel Reese Richardson Ritchie Ryberg Setzler Short Smith, J. Verne Thomas Verdin Waldrep
A quorum being present, the Senate resumed.
S. 560 (Word version) -- Senators Leatherman, Ritchie, Knotts, Grooms, Verdin, Giese, Branton, Mescher, McConnell, McGill, J. Verne Smith, Alexander, Martin, Short, Moore, Ravenel, O'Dell, Drummond, Hayes, Setzler and Ford: A BILL TO ENACT THE SOUTH CAROLINA LIFE SCIENCES ACT, BY DEFINING A LIFE SCIENCES FACILITY AND PROVIDING THAT A LIFE SCIENCES FACILITY PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH ANNUAL CASH COMPENSATION AT LEAST ONE HUNDRED FIFTY PERCENT OF AVERAGE PER CAPITA INCOME IN THIS STATE IS ELIGIBLE FOR EMPLOYEE RELOCATION EXPENSE REIMBURSEMENT AND THE WAIVER ALLOWED ON THE LIMIT FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, TO ALLOW A TAXPAYER OPERATING A LIFE SCIENCES FACILITY TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF REVENUE NOT TO EXCEED FIFTEEN YEARS DURATION FOR ALLOCATION AND APPORTIONMENT FOR PURPOSES OF CORPORATE INCOME TAX, TO AMEND SECTION 12-37-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPRECIATION ALLOWANCE FOR PURPOSES OF THE PROPERTY TAX, SO AS TO INCREASE THE ANNUAL DEPRECIATION ALLOWANCE FOR USE OF CLEAN ROOMS FROM TEN TO FIFTEEN PERCENT AND TO PROVIDE A TWENTY PERCENT ANNUAL DEPRECIATION ALLOWANCE FOR MACHINERY AND EQUIPMENT USED FOR MANUFACTURING IN A LIFE SCIENCES FACILITY AND TO DEFINE "LIFE SCIENCES FACILITY", TO AMEND SECTIONS 11-41-20, 11-41-30, AND 11-41-70, RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE ITS FINDINGS, DEFINITIONS, AND NOTICE REQUIREMENTS TO ALLOW SUCH BONDS TO BE USED FOR INFRASTRUCTURE FOR A LIFE SCIENCES FACILITY IN A PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH AN ANNUAL CASH COMPENSATION AT LEAST TWICE PER CAPITA INCOME IN THE STATE AND PROVIDE THAT, WHILE INFRASTRUCTURE PROVIDED BY THESE BONDS MUST RELATE SPECIFICALLY TO THE PROJECT, SUCH INFRASTRUCTURE IS NOT REQUIRED TO BE LOCATED AT THE PROJECT, AND TO AMEND SECTION 11-41-120, RELATING TO FORMALITIES IN THE ISSUING OF THESE BONDS, SO AS TO REVISE THESE REQUIREMENTS.
The Senate resumed consideration of S. 560, the question being the adoption of Amendment No. 6 proposed by Senators RITCHIE, LAND, LEATHERMAN, MOORE, ALEXANDER, McGILL, MARTIN and COURSON and printed in the Journal of Wednesday, June 4, 2003.
Senator KUHN argued contra to the adoption of Amendment No. 6.
With Senator KUHN retaining the floor on S. 560, Senator LEATHERMAN asked unanimous consent to make a motion to take up S. 258 for immediate consideration.
There was no objection.
S. 258 (Word version) -- Senators Gregory, Ryberg, Hayes, Courson, Peeler, Branton and Reese: A BILL TO AMEND CHAPTER 29, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-165 SO AS TO REQUIRE HIGH SCHOOL STUDENTS TO RECEIVE INSTRUCTION IN THE AREA OF PERSONAL FINANCE.
The House returned the Bill with amendments.
On motion of Senator LEATHERMAN, with unanimous consent, Amendment No. 4 was taken up for immediate consideration.
Senators LEATHERMAN, J. VERNE SMITH, GIESE, MARTIN, RYBERG, RICHARDSON, RITCHIE, FAIR, RAVENEL, BRANTON and SETZLER proposed the following Amendment No. 4 (258R003.HKL), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION _____. The following is authorized for July 1, 2003, through June 30, 2005, from the federal funds received by the State pursuant to the provisions of the Jobs and Growth Tax Relief Reconciliation Act of 2003: (1) to the Department of Health and Human Services for Medicaid services - $127,437,026; (2) to the State Department of Education for the Education Finance Act - $20,642,486; (3) of any remaining funds received, the first $44,600,000 shall be transferred to the State Department of Education for the Education Finance Act to be used as a one-time supplement. The State Department of Education may not expend any portion of the $44,6000,000 amount until the funds are transferred to the department. It is the intent of the General Assembly that any funds remaining after the above three provisions have been satisfied shall be transferred to the Department of Health and Human Services for the state's Medicaid program. Any unexpended funds provided pursuant to this section must be carried forward to succeeding fiscal years and used for the same purposes. /
Renumber sections to conform.
Amend title to conform.
Senator LEATHERMAN spoke on the amendment.
Senator LEATHERMAN moved that the amendment be adopted.
The amendment was adopted.
Senator GREGORY proposed the following Amendment No. 2 (258R004.CKG), which was adopted:
Amend the bill, as and if amended, by striking SECTIONS 1, 2, and 3 and inserting:
/ SECTION 1. Chapter 29, Title 59 of the 1976 Code is amended by adding:
"Section 59-29-165. All students attending a high school in this State that is sustained or in any manner supported by public funds must receive instruction in the area of personal finance. The State Department of Education will assist the school districts in identifying suitable materials for instruction."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senators PEELER and GREGORY explained the amendment.
The amendment was adopted.
Senators COURSON and LAND proposed the following Amendment No. 3 (BBM\9916SL03), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Of the federal funds received by this State pursuant to the provisions of the Jobs and Growth Tax Relief Reconciliation Act of 2003, Temporary State Fiscal Relief-Government Services, an additional $30,000,000 must be transferred to a separate and distinct reserve fund in the State Department of Education to be used only for the Education Finance Act and only if there is a shortfall during State fiscal year 2003-2004 in attaining the funding of the base student cost at the level of $1,777.00. Unexpended funds provided pursuant to the provisions of this section must be carried forward to succeeding fiscal years and used for the same purposes. /
Renumber sections to conform.
Amend title to conform.
Senator LEATHERMAN spoke on the amendment.
Senator LAND moved to lay the amendment on the table.
The amendment was laid on the table.
The Bill was returned to the House with amendments.
The Senate resumed consideration of S. 560.
Senator KUHN argued contra to the adoption of Amendment No. 6 to S. 560.
With Senator KUHN retaining the floor on S. 560, Senator McGILL asked unanimous consent to carry over S. 560, proceed to take up matters in the Box and then proceed to a Call of the Uncontested Statewide Calendar.
There was no objection.
On motion of Senator McGILL, with unanimous consent, consideration was interrupted on S. 560, with Senator KUHN retaining the floor.
S. 549 (Word version) -- Senators Land, Martin, J. Verne Smith, Hawkins and McConnell: A BILL TO AMEND SECTION 42-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SECOND INJURY FUND, SO AS TO PROHIBIT REIMBURSEMENTS TO EMPLOYERS OR CARRIERS WHICH HAVE DEFAULTED ON THEIR CURRENT ASSESSMENTS UNTIL THE ASSESSMENTS ARE PAID IN FULL; TO AMEND SECTION 42-9-400, AS AMENDED, RELATING TO THE MANNER IN WHICH AN EMPLOYER OR INSURANCE CARRIER SHALL BE REIMBURSED FROM THE SECOND INJURY FUND WHEN DISABILITY RESULTS FROM PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY, SO AS TO FURTHER PROVIDE FOR WHAT AN EMPLOYER MUST ESTABLISH IN ORDER TO QUALIFY FOR REIMBURSEMENT; AND TO AMEND SECTION 42-9-410, RELATING TO REIMBURSEMENT FROM THE SECOND INJURY FUND FOR AN EMPLOYEE WHO BECOMES TOTALLY AND PERMANENTLY DISABLED IN A SUBSEQUENT INJURY, SO AS TO FURTHER PROVIDE FOR WHAT AN EMPLOYER MUST ESTABLISH IN ORDER TO RECEIVE THESE ADDITIONAL BENEFITS FROM THE SECOND INJURY FUND.
The House returned the Bill with amendments.
Senators THOMAS and RICHARDSON proposed the following Amendment No. 1 (GGS\22278HTC03), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ____. A. Section 38-90-10(3), (10), (11), (12), (18), (19), and (20) of the 1976 Code, as last amended by Act 228 of 2002, is further amended to read:
"(3) 'Association' means a legal association of individuals, corporations, limited liability companies, partnerships, or associations that has been in continuous existence for at least one year:
(a) the member organizations of which collectively, or which does itself:
(i) own, control, or hold with power to vote all of the outstanding voting securities of an association captive insurance company incorporated as a stock insurer or organized as a limited liability company; or
(ii) have complete voting control over an association captive insurance company incorporated organized as a mutual insurer; or
(b) the member organizations of which collectively constitute all of the subscribers of an association captive insurance company formed as a reciprocal insurer.
(10) 'Consolidated debt to total capital ratio' means the ratio of the sum of (a) all debts and hybrid capital instruments including, but not limited to, all borrowings from banks, all senior debt, all subordinated debts, all trust preferred shares, and all other hybrid capital instruments that are not included in the determination of consolidated GAAP new worth issued and outstanding to (b) total capital, consisting of all debts and hybrid capital instruments as described in subitem (a) plus shareholders' owners' equity determined in accordance with GAAP for reporting to the United States Securities and Exchange Commission.
(11) 'Consolidated GAAP net worth' means the consolidated shareholders' owners' equity determined in accordance with GAAP for reporting to the United States Securities and Exchange Commission.
(12) 'Controlled unaffiliated business' means a company:
(a) that is not in the corporate system of a parent and affiliated companies;
(b) that has an existing contractual relationship with a parent or affiliated company; and
(c) whose risks are managed by a pure captive insurance company in accordance with Section 38-90-190.
(18) 'Industrial insured group' means a group that meets either of the following criteria:
(a) a group of industrial insureds that collectively:
(i) own, control, or hold with power to vote all of the outstanding voting securities of an industrial insured captive insurance company incorporated as a stock insurer or limited liability company; or
(ii) have complete voting control over an industrial insured captive insurance company incorporated as a mutual insurer; or
(b) a group which is created under the Liability Risk Retention Act of 1986 15 U.S.C. Section 3901, et seq., as amended, as a corporation or other limited liability association taxable as a stock insurance company or a mutual insurer under this title.
(19) 'Member organization' means any individual, corporation, limited liability company, partnership, or association that belongs to an association.
(20) 'Parent' means any corporation, limited liability company, partnership, or individual that directly or indirectly owns, controls, or holds with power to vote more than fifty percent of the outstanding voting securities of a pure captive insurance company."
B. Section 38-90-20 of the 1976 Code, as last amended by Act 228 of 2002, is further amended to read:
"Section 38-90-20. (A) A captive insurance company, when permitted by its articles of incorporation, articles of organization, operating agreement, or charter, may apply to the director for a license to do any and all insurance, except workers' compensation insurance, authorized by this title; however:
(1) a pure captive insurance company may not insure any risks other than those of its parent, affiliated companies, controlled unaffiliated business, or a combination thereof of them;
(2) an association captive insurance company may not insure any risks other than those of the member organizations of its association and their affiliated companies;
(3) an industrial insured captive insurance company may not insure any risks other than those of the industrial insureds that comprise the industrial insured group and their affiliated companies;
(4) in general, a special purpose captive insurance company may only may insure the risks of its parent. Notwithstanding any other provisions of this chapter, a special purpose captive insurance company may provide insurance or reinsurance, or both, for risks as approved by the director;
(5) a captive insurance company may not provide personal motor vehicle or homeowner's insurance coverage or any component of these coverages;
(6) a captive insurance company may not accept or cede reinsurance except as provided in Section 38-90-110.
(B) To conduct insurance business in this State a captive insurance company shall:
(1) obtain from the director a license authorizing it to conduct insurance business in this State;
(2) hold at least one board of directors meeting, or in the case of a reciprocal insurer, a subscriber's advisory committee meeting, or in the case of a limited liability company a meeting of the managing board, each year in this State;
(3) maintain its principal place of business in this State, or in the case of a branch captive insurance company, maintain the principal place of business for its branch operations in this State; and
(4) appoint a resident registered agent to accept service of process and to otherwise act on its behalf in this State. In the case of a captive insurance company:
(a) formed as a corporation or a limited liability company, whenever the registered agent cannot with reasonable diligence be found at the registered office of the captive insurance company, the director must be an agent of the captive insurance company upon whom any process, notice, or demand may be served;
(b) formed as a reciprocal insurer, whenever the registered agent cannot with reasonable diligence be found at the registered office of the captive insurance company, the director must be an agent of the captive insurance company upon whom any process, notice, or demand may be served.
(C)(1) Before receiving a license, a captive insurance company:
(a) formed as a corporation, shall file with the director a certified copy of its charter and bylaws, a statement under oath of its president and secretary showing its financial condition, and any other statements or documents required by the director;
(b) formed as a limited liability company, shall file with the director a certified copy of its articles of organization and operating agreement, a statement under oath by its managers showing its financial condition, and any other statements or documents required by the director;
(c) formed as a reciprocal shall:
(i) file with the director a certified copy of the power of attorney of its attorney-in-fact, a certified copy of its subscribers' agreement, a statement under oath of its attorney-in-fact showing its financial condition and any other statements or documents required by the director; and
(ii) submit to the director for approval a description of the coverages, deductibles, coverage limits, and rates and any other information the director may reasonably require. If there is a subsequent material change in an item in the description, the reciprocal captive insurance company shall submit to the director for approval an appropriate revision and may not offer any additional kinds of insurance until a revision of the description is approved by the director. The reciprocal captive insurance company shall inform the director of any material change in rates within thirty days of the adoption of the change.
(2) In addition to the information required by (C)(1), an applicant captive insurance company shall file with the director evidence of:
(a) the amount and liquidity of its assets relative to the risks to be assumed;
(b) the adequacy of the expertise, experience, and character of the person or persons who will manage it;
(c) the overall soundness of its plan of operation;
(d) the adequacy of the loss prevention programs of its parent, member organizations, or industrial insureds as applicable; and
(e) such other factors considered relevant by the director in ascertaining whether the proposed captive insurance company will be able to meet its policy obligations.
(3) In addition to the information required by (C)(1) and (C)(2) an applicant sponsored captive insurance company shall file with the director:
(a) a business plan demonstrating how the applicant will account for the loss and expense experience of each protected cell at a level of detail found to be sufficient by the director, and how it will report the experience to the director;
(b) a statement acknowledging that all financial records of the sponsored captive insurance company, including records pertaining to any protected cells, must be made available for inspection or examination by the director;
(c) all contracts or sample contracts between the sponsored captive insurance company and any participants; and
(d) evidence that expenses will be allocated to each protected cell in an equitable manner.
(4) Information submitted pursuant to this subsection is confidential and may not be made public by the director or an agent or employee of the director without the written consent of the company, except that:
(a) information may be discoverable by a party in a civil action or contested case to which the captive insurance company that submitted the information is a party, upon a showing by the party seeking to discover the information that:
(i) the information sought is relevant to and necessary for the furtherance of the action or case;
(ii) the information sought is unavailable from other nonconfidential sources; and
(iii) a subpoena issued by a judicial or administrative officer of competent jurisdiction has been submitted to the director; however, the provisions of subsection (C)(4) do not apply to an industrial insured captive insurance company insuring the risks of an industrial insured group; and
(b) the director may disclose the information to a public officer having jurisdiction over the regulation of insurance in another state if:
(i) the public official agrees in writing to maintain the confidentiality of the information; and
(ii) the laws of the state in which the public official serves require the information to be confidential.
(D)(1) A captive insurance company shall pay to the department a nonrefundable fee of two hundred dollars for examining, investigating, and processing its application for license, and. In addition, the director may retain legal, financial, and examination services from outside the department to examine and investigate the application, the reasonable cost of which may be charged against the applicant or the director may use internal resources to examine and investigate the application for a fee of two thousand four hundred dollars.
(2) Section 38-13-60 applies to examinations, investigations, and processing conducted under pursuant to the authority of this section.
(3) In addition, a captive insurance company shall pay a license fee for the year of registration of three hundred dollars and a an annual renewal fee of three five hundred dollars.
(4) The department may charge a fifteen dollar fee for any document requiring certification of authenticity or the signature of the director or his designee.
(E) If the director is satisfied that the documents and statements filed by the captive insurance company comply with the provisions of this chapter, the director may grant a license authorizing the company to do insurance business in this State until March 1 first at which time the license may be renewed.
(F) The terms and conditions set forth in Section 38-5-170 apply in full to captive insurance companies licensed under this chapter."
C. Section 38-90-40(A) of the 1976 Code, as last amended by Act 188 of 2002, is further amended to read:
"(A) The director may not issue a license to a captive insurance company unless the company possesses and thereafter maintains unimpaired paid-in capital of:
(1) in the case of a pure captive insurance company, not less than one hundred thousand dollars;
(2) in the case of an association captive insurance company incorporated as a stock insurer or organized as a limited liability company, not less than four hundred thousand dollars;
(3) in the case of an industrial insured captive insurance company incorporated as a stock insurer or organized as a limited liability company, not less than two hundred thousand dollars;
(4) in the case of a sponsored captive insurance company, not less than five hundred thousand dollars;
(5) in the case of a special purpose captive insurance company, an amount determined by the director after giving due consideration to the company's business plan, feasibility study, and pro-formas, including the nature of the risks to be insured.
The capital may be in the form of cash, cash equivalent, or an irrevocable letter of credit issued by a bank chartered by this State or a member bank of the Federal Reserve System and approved by the director."
D. Section 38-90-50(A) of the 1976 Code, as last amended by Act 188 of 2002, is further amended to read:
"(A) The director may not issue a license to a captive insurance company unless the company possesses and thereafter maintains free surplus of:
(1) in the case of a pure captive insurance company, not less that one hundred fifty thousand dollars;
(2) in the case of an association captive insurance company incorporated as a stock insurer or organized as a limited liability company, not less than three hundred fifty thousand dollars;
(3) in the case of an industrial insured captive insurance company incorporated as a stock insurer or organized as a limited liability company, not less than three hundred thousand dollars;
(4) in the case of an association captive insurance company incorporated as a mutual insurer, not less than seven hundred fifty thousand dollars;
(5) in the case of an industrial insured captive insurance company incorporated as a mutual insurer, not less than five hundred thousand dollars;
(6) in the case of a sponsored captive insurance company, not less than five hundred thousand dollars; and
(7) in the case of a special purpose captive insurance company, an amount determined by the director after giving due consideration to the company's business plan, feasibility study, and pro-formas, including the nature of the risks to be insured.
The surplus may be in the form of cash, cash equivalent, or an irrevocable letter of credit issued by a bank chartered by this State or a member bank of the Federal Reserve System and approved by the director."
E. Section 38-90-60 of the 1976 Code, as last amended by Act 82 of 2001, is further amended to read:
"Section 38-90-60. (A) A pure captive insurance company or a sponsored captive insurance company must may be:
(1) incorporated as a stock insurer with its capital divided into shares and held by the stockholders; or
(2) organized as a limited liability company with its capital divided into capital accounts and held by its members.
(B) An association captive insurance company or an industrial insured captive insurance company may be:
(1) incorporated as a stock insurer with its capital divided into shares and held by the stockholders;
(2) organized as a limited liability company with its capital divided into capital accounts and held by its members;
(3) incorporated as a mutual insurer without capital stock, the governing body of which is elected by the member organizations of its association; or
(3)(4) organized as a reciprocal insurer in accordance with Chapter 17.
(C) A captive insurance company may not have fewer than three incorporators or organizers of whom not fewer than two must be residents of this State.
(D) In the case of a captive insurance company formed as a corporation or a limited liability company, before the articles of incorporation or articles of organization are transmitted to the Secretary of State, the incorporators or organizers shall petition the director to issue a certificate setting forth a finding that the establishment and maintenance of the proposed corporation entity will promote the general good of the State. In arriving at this finding the director shall consider:
(1) the character, reputation, financial standing, and purposes of the incorporators or organizers;
(2) the character, reputation, financial responsibility, insurance experience, and business qualifications of the officers and directors or managers; and
(3) other aspects as the director considers advisable.
(E) The articles of incorporation or articles of organization, the certificate issued pursuant to subsection (D), and the organization fees required by Section 33-1-220 must be transmitted to the Secretary of State, who shall record both the articles of incorporation or articles of organization and the certificate.
(F) In the case of a captive insurance company formed as a reciprocal insurer, the organizers shall petition the director, to issue a certificate setting forth the director's finding that the establishment and maintenance of the proposed association will promote the general good of the State. In arriving at this finding the director shall consider:
(1) the character, reputation, financial standing, and purposes of the incorporators or organizers;
(2) the character, reputation, financial responsibility, insurance experience, and business qualifications of the officers and directors or managers; and
(3) other aspects the director considers advisable.
(G) In the case of a captive insurance company licensed as a branch captive insurance company, the alien captive insurance company shall petition the director to issue a certificate setting forth the director's finding that, after considering the character, reputation, financial responsibility, insurance experience, and business qualifications of the officers and directors or managers of the alien captive insurance company, the licensing and maintenance of the branch operations will promote the general good of the State. The alien captive insurance company may register to do business in this State after the director's certificate has been issued.
(H) The capital stock or membership interests of a captive insurance company incorporated as a stock insurer or limited liability company must be issued at not less than par value.
(I) In the case of a captive insurance company formed as a corporation, at least one of the members of the board of directors of a captive insurance company incorporated in this State must be a resident of this State.
(J) In the case of a captive insurance company formed as a limited liability company, at least one of the managers of the captive insurance company must be a resident of this State.
(K) In the case of a captive insurance company formed as a reciprocal insurer, at least one of the members of the subscribers' advisory committee must be a resident of this State.
(K)(L) A captive insurance company formed as a corporation or a limited liability company, under pursuant to the provisions of this chapter has the privileges and is subject to the provisions of the general corporation law, including the Uniform Limited Liability Company Act of 1996 for limited liability companies, as well as the applicable provisions contained in this chapter. If a conflict occurs between a provision of the general corporation law, including the Uniform Limited Liability Company Act of 1996 for limited liability companies, and a provision of this chapter, the latter controls. The provisions of this title pertaining to mergers, consolidations, conversions, mutualizations, and redomestications apply in determining the procedures to be followed by a captive insurance company in carrying out any of the transactions described in those provisions, except the director may waive or modify the requirements for public notice and hearing in accordance with regulations which the director may promulgate addressing categories of transactions. If a notice of public hearing is required, but no one requests a hearing, the director may cancel the hearing.
(L)(M)(1) A captive insurance company formed as a reciprocal insurer under pursuant to the provisions of this chapter has the privileges and is subject to Chapter 17 in addition to the applicable provisions of this chapter. If a conflict occurs between the provisions of Chapter 17 and the provisions of this chapter, the latter controls. To the extent a reciprocal insurer is made subject to other provisions of this title pursuant to Chapter 17, the provisions are not applicable to a reciprocal insurer formed under pursuant to the provisions of this chapter unless the provisions are expressly made applicable to a captive insurance company under pursuant to the provisions this chapter.
(2) In addition to the provisions of (L) item (1), a captive insurance company organized as a reciprocal insurer that is an industrial insured group has the privileges and is subject to the provisions of Chapter 17 in addition to applicable provisions of this title.
(M)(N) The articles of incorporation or bylaws of a captive insurance company may authorize a quorum of a board of directors to consist of no fewer than one-third of the fixed or prescribed number of directors as provided for in Section 33-8-240(b). In the case of a limited liability company, the articles of organization or operating agreement of a captive insurance company may authorize a quorum to consist of no fewer than one-third of the managers required by the articles of organization or the operating agreement."
F. Section 38-90-140(A), (B), and (F) of the 1976 Code, as last amended by Act 82 of 2001, is further amended to read:
"(A) A captive insurance company shall pay to the department by March 1 first of each year, a tax at the rate of four-tenths of one percent on the first twenty million dollars and three-tenths of one percent on the next twenty million dollars and two-tenths of one percent on the next twenty million dollars and seventy-five thousandths of one percent on each dollar thereafter after that, up to a maximum tax of one hundred thousand dollars. Taxes are based on the direct premiums collected written or contracted for on policies or contracts of insurance written by the captive insurance company during the year ending December 31 thirty-first next preceding, after deducting from the direct premiums subject to the tax the amounts paid to policyholders as return premiums which shall must include dividends on unabsorbed premiums or premium deposits returned or credited to policyholders.
(B) A captive insurance company shall pay to the department by March 1 first of each year, a tax at the rate of two hundred and twenty-five thousandths of one percent on the first twenty million dollars of assumed reinsurance premium, and one hundred fifty thousandths of one percent on the next twenty million dollars and fifty thousandths of one percent on the next twenty million dollars and twenty-five thousandths of one percent of each dollar thereafter of assumed reinsurance premium after that up to a maximum tax of one hundred thousand dollars. However, no reinsurance tax applies to premiums for risks or portions of risks which are subject to taxation on a direct basis pursuant to subsection (A). A premium tax is not payable in connection with the receipt of assets in exchange for the assumption of loss reserves and other liabilities of another insurer under common ownership and control if the transaction is part of a plan to discontinue the operations of the other insurer and if the intent of the parties to the transaction is to renew or maintain business with the captive insurance company.
(F) For the purposes of this section, 'common ownership and control' means:
(1) in the case of stock corporations or limited liability companies, the direct or indirect ownership of eighty percent or more of the outstanding voting stock or membership interests of two or more corporations or limited liability companies by the same shareholder or shareholders person or entity; and
(2) in the case of mutual corporations, the direct or indirect ownership of eighty percent or more of the surplus and the voting power of two or more corporations by the same member or members."
G. Section 38-90-200 of the 1976 Code is amended to read:
"Section 38-90-200. (A) An association captive insurance company or industrial insured group formed as a stock or mutual corporation, or a limited liability company may be converted to or merged with and into a reciprocal insurer in accordance with a plan and the provisions of this section.
(B) A plan for this conversion or merger:
(1) must be fair and equitable to the:
(a) shareholders, in the case of a stock insurer,;
(b) members, in the case of a limited liability company; or
(c) the policyholders, in the case of a mutual insurer; and
(2) shall must provide for the purchase of the shares of any nonconsenting shareholder of a stock insurer, of the member interest of any nonconsenting member of a limited liability company, of the policyholder interest of any nonconsenting policyholder of a mutual insurer in substantially the same manner and subject to the same rights and conditions as are accorded a dissenting shareholder, dissenting member, or a dissenting policyholder under pursuant to the provisions of Chapter 13 or Chapter 44, Title 33. Provided, however, that the merger of a limited liability company requires the consent of all members unless this requirement has been waived in an operating agreement signed by all of the members of the limited liability company.
(C) In the case of a conversion authorized under pursuant to the provisions of subsection (A):
(1) the conversion must be accomplished under a reasonable plan and procedure as may be approved by the director; however, the director may not approve the plan of conversion unless the plan:
(a) satisfies the provisions of subsection (B);
(b) provides for a hearing, of which notice has been given to the insurer, its directors, officers and stockholders, in the case of a stock insurer,; members and managers, in the case of a limited liability company; or policyholders, in the case of a mutual insurer, all of whom have the right to appear at the hearing, except that the director may waive or modify the requirements for the hearing; however, if a notice of hearing is required, but no hearing is requested, the director may cancel the hearing;
(c) provides for the conversion of existing stockholder, member, or policyholder interests into subscriber interests in the resulting reciprocal insurer, proportionate to stockholder, member, or policyholder interests in the stock or mutual insurer or limited liability company; and
(d) is approved;
(i) in the case of a stock insurer or limited liability company, by a majority of the shares or interests entitled to vote represented in person or by proxy at a duly called regular or special meeting at which a quorum is present;
(ii) in the case of a mutual insurer, by a majority of the voting interests of policyholders represented in person or by proxy at a duly called regular or special meeting at which a quorum is present;
(2) the director shall approve the plan of conversion if the director finds that the conversion will promote the general good of the State in conformity with those standards set forth provided in Section 38-90-60(2);
(3) if the director approves the plan the director shall amend the converting insurer's certificate of authority to reflect conversion to a reciprocal insurer and issue the amended certificate of authority to the company's attorney-in-fact;
(4) upon issuance of an amended certificate of authority of a reciprocal insurer by the director, the conversion is effective; and
(5) upon the effectiveness of the conversion the corporate existence of the converting insurer shall cease and the resulting reciprocal insurer shall notify the Secretary of State of the conversion.
(D) A merger authorized under pursuant to the provisions of subsection (A) must be accomplished substantially in accordance with the procedures set forth provided in this title except that, solely only for purposes of the merger:
(1) the plan or merger shall must satisfy subsection (B);
(2) the subscribers' advisory committee of a reciprocal insurer must be equivalent to the board of directors of a stock or mutual insurance company or the managers of a limited liability company;
(3) the subscribers of a reciprocal insurer must be the equivalent of the policyholders of a mutual insurance company;
(4) if a subscribers' advisory committee does not have a president or secretary, the officers of the committee having substantially equivalent duties are deemed considered the president and secretary of the committee;
(5) the director shall approve the articles of merger if the director finds that the merger will promote the general good of the State in conformity with those standards set forth provided in Section 38-90-60(D)(2). If the director approves the articles of merger, the director shall endorse his or her approval on the articles and the surviving insurer shall present the name to the Secretary of State at the Secretary of State's office;
(6) notwithstanding Section 38-90-40, the director may permit the formation, without surplus, of a captive insurance company organized as a reciprocal insurer, into which an existing captive insurance company may be merged for the purpose of facilitating a transaction under provided for in this section; however, there may be no more than one authorized insurance company surviving the merger;
(7) an alien insurer may be a party to a merger authorized under pursuant to the provisions of subsection (A) if the requirements for the merger between a domestic and a foreign insurer under pursuant to the provisions of Chapter 21 apply to a merger between a domestic and an alien insurer under provided by this subsection. The alien insurer must be treated as a foreign insurer under pursuant to the provisions of Chapter 21 and other jurisdictions must be the equivalent of a state for purposes of Chapter 21.
(E) A conversion or merger under pursuant to the provisions of this section has all the effects set forth in Chapter 21, to the extent these effects are not inconsistent with this chapter."
H. Section 38-74-10 of the 1976 Code, as last amended by Act 240 of 2002, is further amended by adding an appropriately numbered item to read:
"( ) 'Qualified TAA eligible individual' means an individual who is eligible for the credit for health insurance costs under Section 35 of the Internal Revenue Code of 1986."
(B) Section 38-74-30 of the 1976 Code, as last amended by Act 240 of 2002, is further amended to read:
H.Section 38-74-30. (A) A person who is a resident of this State for thirty days, except that for a federally defined eligible individual or a Qualified TAA eligible individual, there shall not be a thirty-day requirement, and his newborn child is eligible for pool coverage:
(1) upon providing evidence of any of the following actions by an insurer on an application for health insurance comparable to that provided by the pool submitted on behalf of the person:
(a) a refusal to issue the insurance for health reasons;
(b) a refusal to issue the insurance except with a reduction or exclusion of coverage for a preexisting health condition for a period exceeding twelve months, unless it is determined that the person voluntarily terminated his or did not seek any health insurance coverage before being refused issuance except with a reduction or exclusion for a preexisting health condition, and then seeks to be eligible for pool coverage after the health condition develops. This determination must be made by the board;
(c) a refusal to issue insurance coverage comparable to that provided by the pool except at a rate exceeding one hundred fifty percent of the pool rate; or
(2) if the individual is a federally defined eligible individual or a Qualified TAA eligible individual, as defined in Section 38-74-10, who is and continues to be a resident of this State; or
(3) if the individual is covered under Medicare Parts A and B due to disability and is under age sixty-five.
(B) A person whose health insurance coverage is terminated involuntarily for any reason other than nonpayment of premium may apply for coverage under the plan but shall submit proof of eligibility according to subsection (A) of this section. If proof is supplied and if coverage is applied for within sixty days after the involuntary termination and if premiums are paid for the entire coverage period, the effective date of the coverage is the date of termination of the previous coverage. Waiting period and preexisting condition exclusions are waived to the extent to which similar exclusions, if any, have been satisfied under the prior health insurance coverage. The waiver does not apply to a person whose policy has been terminated or rescinded involuntarily because of a material misrepresentation.
(C) A person who is paying a premium for health insurance comparable to the pool plan in excess of one hundred fifty percent of the pool rate or who has received notice that the premium for a policy would be in excess of one hundred fifty percent of the pool rate may make application for coverage under the pool. The effective date of coverage is the date of the application, or the date that the premium is paid if later, and any waiting period or preexisting condition exclusion is waived to the extent to which similar exclusions, if any, were satisfied under the prior health insurance plan. Benefits payable under the pool plan are secondary to benefits payable by the previous plan. The board shall require an additional premium for coverage effected under the plan in this manner notwithstanding the premium limitation stated in Section 38-74-60.
(D) (1) The waiting period and preexisting condition exclusions are waived for a federally defined eligible individual.
(2) The waiting period and preexisting condition exclusions are waived for a Qualified TAA eligible individual if the individual maintained creditable coverage for an aggregate period of three months as of the date on which the individual seeks to enroll in pool coverage, not counting any period prior to a sixty-three-day break in coverage.
(E) A person not eligible for pool coverage is one who meets any one of the following criteria:
(1) a person who has coverage under health insurance comparable to that offered by the pool from an insurer or any other source except a person who would be eligible under subsection (C) of this section;
(2) a person who is eligible for health insurance comparable to that offered by the pool from an insurer or any other source except a person who would be eligible for pool coverage under Section 38-74-30(A)(1)(b), 38-74-30(A)(1)(c), 38-74-30(A)(2), or 38-74-30(A)(3);
(3) a person who at the time of pool application is eligible for health care benefits under state Medicaid or eligible for health care benefits under Medicare and age sixty-five or older;
(4) a person having terminated coverage in the pool unless twelve months have lapsed since termination unless termination was because of ineligibility, except that this item shall not apply with respect to an applicant who is a federally defined eligible individual;
(5) a person on whose behalf the pool has paid out one million dollars in benefits;
(6) inmates of public institutions and persons eligible for public programs, except that this item shall not apply with respect to an applicant who is a federally defined eligible individual;
(7) a person who fails to maintain South Carolina residency.
(F) A person who ceases to meet the eligibility requirements of this section may be terminated at the end of the policy period." /
Renumber sections to conform.
Amend title to conform.
Senator RICHARDSON explained the amendment.
The amendment was adopted.
Senators MARTIN, McCONNELL, RANKIN and MALLOY proposed the following Amendment No. 2 (JUD0549.007), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting appropriately numbered new sections:
/ SECTION 1. Section 38-1-20(40) of the 1976 Code, as last amended by Act 300 of 2002, is further amended to read:
"(40) 'Exempt commercial policies' means policies for large commercial insureds where the total combined premiums to be paid for these policies for one insured is greater than fifty thousand dollars annually and as may be further provided for in by regulation or in bulletins issued by the director. Exempt commercial policies include all property and casualty coverages except for commercial property and insurance related to credit transactions written through financial institutions."
SECTION 2. Section 38-7-20 of the 1976 Code is amended to read:
"Section 38-7-20. (A) In addition to all license fees and taxes otherwise provided by law, there is levied upon each insurance company licensed by the director or his designee an insurance premium tax based upon total premiums, other than workers' compensation insurance premiums, and annuity considerations, collected written by the company in the this State during each calendar year ending on the thirty-first day of December. For life insurance, the insurance premium tax levied herein is equal to three-fourths of one percent of the total premiums collected written. For all other types of insurance, the insurance premium tax levied herein in this section is equal to one and one-fourth percent of the total premiums collected written. In computing total premiums, return premiums on risks and dividends paid or credited to policyholders are excluded.
(B) The insurance premium taxes collected by the director or his designee pursuant to this section must be deposited by him in the general fund of the State."
SECTION 3. Section 38-21-170(A) of the 1976 Code, as last amended by Act 228 of 2002, is further amended to read:
"(A) Subject to Section 38-21-270, each registered insurer shall must report to the department all dividends and other distributions to shareholders within five business days following the declaration thereof of the dividend and at least ten fifteen days prior to before the payment thereof of the dividend. The department shall promptly shall consider this report as information, and such these considerations shall must include the factors as set forth provided in Section 38-21-260. If an insurer's surplus as regards it relates to policyholders is determined by the department not to be reasonable in relation to the insurer's outstanding liabilities and adequate to its financial needs, the department shall have has the authority, within the ten-day fifteen-day period prior to before payment thereof of the dividend, to limit the amount of such the dividends or distributions."
SECTION 4. Section 38-21-270(B) of the 1976 Code, as last amended by Act 228 of 2002, is further amended to read:
"(B)(1) For purposes of this section, an extraordinary dividend or distribution includes a dividend or distribution of cash or other property whose fair market value together with that of other dividends or distributions made within the preceding twelve months exceeds the lesser of:
(a) when paid from other than earned surplus exceeds the lesser of:
(a)(i) ten percent of the insurer's surplus as regards policyholders as shown in the insurer's most recent annual statement,; or
(b)(ii) the net gain from operations for life insurers, or the net income, for nonlife insurers, not including net realized capital gains or losses as shown in the insurer's most recent annual statement.;
(b) when paid from earned surplus exceeds the greater of:
(i) ten percent of the insurer's surplus as regards policyholders as shown in the insurer's most recent annual statement; or
(ii) the net gain from operations for life insurers, or the net income, for nonlife insurers, not including net realized capital gains or losses as shown in the insurer's most recent annual statement.
(2) It An extraordinary dividend or distribution does not include pro rata distributions of a class of the insurer's own securities."
SECTION 5. Section 38-41-60(c) of the 1976 Code is amended to read:
"(c) Investment of plan funds is subject to the same restrictions which are applicable to insurers pursuant to Sections 38-11-40 and 38-11-50 38-12-10 through 38-12-320. All investments must be managed by a bank or other investment organization licensed to operate in South Carolina."
SECTION 6. Section 38-43-10(B) of the 1976 Code, as last amended by Act 323 of 2002, is further amended to read:
"(B) This chapter does not apply to excess and surplus lines brokers licensed pursuant to Section 38-45-20 38-45-30 except as provided in Section 38-43-70."
SECTION 7. Section 38-43-40 of the 1976 Code, as last amended by Act 323 of 2002, is further amended to read:
"Section 38-43-40. A license issued by the director or his designee pursuant to Chapter 5 of this title gives to the insurer obtaining it the license the right to appoint any number of producers to take risks or transact any business of insurance in the State. However, the director or his designee must approve the appointment before the producer takes any risk or transacts any business. The notification of appointment to the director or his designee shall must give both the business address and residence addresses of the producer."
SECTION 8. Section 38-43-50(B) of the 1976 Code, as added by Act 323 of 2002, is amended to read:
"(B) Before an applicant can act as a producer for an authorized insurer he must be appointed by an official or authorized representative of the insurer for which the applicant proposes to act, who When appointing a producer, the insurer shall must certify on a form prescribed by the director whether the applicant has been appointed a producer to represent it, and that it an authorized insurer has duly investigated the character and record of the applicant and has satisfied itself that he is trustworthy and qualified to act as its producer and intends to hold himself out in good faith as an insurance producer. An insurance producer shall not act as an agent of an insurer unless the insurance producer becomes an appointed agent of that insurer. An insurance producer who is not acting as an agent of an insurer is not required to become appointed."
SECTION 9. Section 38-43-70(D) of the 1976 Code, as last amended by Act 323 of 2002, is further amended to read:
"(D) Notwithstanding any other provision of this section, a person licensed as a surplus lines broker in his home state shall must receive a nonresident surplus lines broker license pursuant to subsection (A) of this section. Except as to subsection (A) of this section, nothing in this section otherwise amends or supersedes any provision of Section 38-45-20 38-45-30."
SECTION 10. Section 38-43-100(A) of the 1976 Code, as last amended by Act 323 of 2002, is further amended to read:
"(A) No Business may not be done by the applicant except following issuance of a producer's license, and the license may not be issued until the director or his designee has determined that the applicant is qualified as an insurance producer, generally, and is particularly qualified for the line of business in which the applicant proposes to engage. The department shall must promulgate regulations setting forth qualifying standards of producers as to all lines of business and shall must require the producer applicant to stand a written examination. For the purpose of interstate reciprocity, the department shall must identify by bulletin which limited lines or limited lines credit insurance are approved in South Carolina and which are exempt from examination. The director or his designee may waive the examination with respect to applicants who have achieved the designations of Chartered Property and Casualty Underwriter (CPCU) or Chartered Life Underwriter (CLU). The director or his designee may also, at his discretion, waive the examination and issue temporary licenses for a period not to exceed ninety days, upon demonstrated need. A bank, finance company, or other company handling credit transactions operating in this State and utilizing one or more credit life or accident and health or credit property producers in a particular geographical area who are licensed without having taken the written examination is required to have readily available at least one credit life or accident and health or credit property producer to answer customers' questions concerning credit life, credit accident and health insurance, or credit property, or any combination of these."
SECTION 11. Section 38-43-105(E) of the 1976 Code, as last amended by Act 323 of 2002, is further amended to read:
"(E) This section applies to residents applying for a license to engage in the sale of insurance except those persons who have previously been licensed for a period of five years or more and those persons applying for a license in limited lines or limited lines credit insurance approved by the director or his designee in order to satisfy the reciprocity provisions outlined under this chapter. Each course sponsor is required to submit a nonrefundable filing fee established by the department."
SECTION 12. Section 38-43-106(E) of the 1976 Code, as last amended by Act 323 of 2002, is further amended to read:
"(E) This section also applies to nonresident producers unless otherwise provided herein in this section. However, any a nonresident producer who successfully satisfies continuing insurance education requirements of his resident home state and certifies this information to the continuing education administrator as specified in subsection (C) is deemed considered to have satisfied the requirements of this section regardless of the requirements of that other state."
SECTION 13. Section 38-45-20 of the 1976 Code is amended to read:
"Section 38-45-20. A resident may be licensed as an insurance broker by the director or his designee if the following requirements are met:
(1) licensure of the resident as an insurance agent producer and having at least one appointment for the same lines of insurance for which he proposes to apply as a broker of this State for at least two years;
(2) successful completion of classroom insurance courses approved by the director or his designee consisting of no less than twelve classroom hours, which must be in addition to the requirements for a producer license contained in Section 38-43-105. The course subjects must be related to broker or surplus lines activities as approved by the director or his designee;
(3) payment of a biennial license fee of two hundred dollars which is earned fully when received, not refundable;
(3)(4) filing of a bond with the department in a form approved by the Attorney General in favor of South Carolina of ten thousand dollars executed by a corporate surety licensed to transact surety insurance in this State and personally countersigned by a licensed resident agent of the surety. The bond must be conditioned to pay a person insured or seeking insurance through the broker who sustains loss as a result of:
(a) the broker's violation of or failure to comply with an insurance law or regulation of this State;
(b) the broker's failure to transmit properly a payment received by him, cash or credit, for transmission to an insurer or an insured; or
(c) an act of fraud committed by the broker in connection with an insurance transaction. In lieu Instead of a bond, the broker may file with the department certificates of deposit of ten thousand dollars of building and loan associations or federal savings and loan associations located within the state State in which deposits are guaranteed by the Federal Savings and Loan Insurance Corporation, not to exceed the amount of insurance, or of banks located within the state State in which deposits are guaranteed by the Federal Deposit Insurance Corporation, not to exceed the amount of insurance. An aggrieved person may institute an action in the county of his residence against the broker or his surety, or both, to recover on the bond or against the broker to recover from the certificates of deposit, and a copy of the summons and complaint in the action must be served on the director, who is not required to be made a party to the action; and
(4)(5) payment to the department, within thirty days after March thirty-first, June thirtieth, September thirtieth, and December thirty-first each year, of a broker's premium tax of four percent upon premiums for policies of insurers not licensed in this State. Credit may be taken for tax on policies canceled flat within forty-five days of the effective policy date as long as the business was placed in good faith and the policy was canceled at the request of the insured."
SECTION 14. Section 38-45-30(5) of the 1976 Code is amended to read:
"(5) filing of a bond with the department in a form approved by the Attorney General in favor of South Carolina of ten thousand dollars executed by a corporate surety licensed to transact surety insurance in this State. The bond must be conditioned to pay a person insured or seeking insurance through the broker who sustains loss as a result of:
(a) the broker's violation of or failure to comply with an insurance law or regulation of this State;
(b) the broker's failure to transmit properly a payment received by him, cash or credit, for transmission to an insurer or an insured; or
(c) an act of fraud committed by the broker in connection with an insurance transaction. In lieu of a bond, the broker may file with the department certificates of deposit of ten thousand dollars of building and loan associations or federal savings and loan associations located within the State in which deposits are guaranteed by the Federal Savings and Loan Insurance Corporation, not to exceed the amount of insurance, or of banks located within the State in which deposits are guaranteed by the Federal Deposit Insurance Corporation, not to exceed the amount of insurance. An aggrieved person may institute an action in the county of his residence against the broker or his surety, or both, to recover damages on the bond or against the broker to recover from the certificates of deposit, and a. A copy of the summons and complaint in the action must be served on the director, who is not required to be made a party to the action."
SECTION 15. Section 38-71-880(F) of the 1976 Code, as last amended by Act 228 of 2002, is further amended to read:
"(F) This section shall not apply to benefits for services furnished on or after December 31, 2002 2003."
SECTION 16. Section 38-77-870 of the 1976 Code is amended to read:
"Section 38-77-870. The provisions of this chapter relevant to the assignment of risks must be available to nonresidents who are unable to obtain a policy of motor vehicle liability, physical damage, and medical payments insurance with respect only to motor vehicles registered and used in the State. However, the assignment through the South Carolina Automobile Insurance Plan also must be available to personnel of the Armed Forces of the United States who are on active duty and who officially are stationed in this State if they possess a valid motor vehicle driver's license issued by another state or territory of the United States or by the District of Columbia, regardless of the state of registration of their motor vehicle, if their motor vehicle is garaged principally in this State."
SECTION 17. Section 38-79-420 of the 1976 Code is amended to read:
"Section 38-79-420. There is created the South Carolina Patients' Compensation Fund (Fund) (fund) for the purpose of paying that portion of a medical malpractice or general liability claim, settlement, or judgment which is in excess of one two hundred thousand dollars for each incident or in excess of three six hundred thousand dollars in the aggregate for one year. The Fund fund is liable only for payment of claims against licensed health care providers (providers) in compliance with the provisions of this article and includes reasonable and necessary expenses incurred in payment of claims and the Fund's fund's administrative expense."
SECTION 18. Section 56-9-20(11) of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"(11) 'Proof of financial responsibility': Proof of ability to respond to damages for liability, as provided in Section 38-77-150, or, on account of accidents occurring after the effective date of such this proof, arising out of the ownership, maintenance, or use of a motor vehicle in the amount of fifteen thousand dollars because of bodily injury to or death of one person in any one accident and, subject to such this limit for one person, in the amount of thirty thousand dollars because of bodily injury to or death of two or more persons in any one accident and in the amount of five ten thousand dollars because of injury to or destruction of property of others in any one accident;"
SECTION 19. The first paragraph of Section 2 of Act 313 of 2002 is amended to read:
"Notwithstanding the interest rate provisions of Section 38-69-240(a) of the 1976 Code, for prospective sales of contracts entered into pursuant to Section 38-69-240 from this act's effective date through January 1, 2004 June 30, 2005, the following applies:"
SECTION 20. Section 38-75-460 of the 1976 Code is amended to read:
"Section 38-75-460. The director or his designee may, by written order, temporarily may expand the area in which the association must shall provide essential property insurance. The area may not be expanded further inland than east of the west bank of the intracoastal waterway and may not be expanded to cover the area for more than twelve months. The director or his designee shall find and declare the existence of an emergency because of the unavailability of coastal property insurance or other unavailability of coastal property insurance on a reasonable basis through ordinary channels. The order must include the surveys of the market conducted in order to make the determination. The director or his designee may expand the area in which the association shall provide essential property insurance to the whole area or just part of the area. The director may expand the area by construction type or age of construction. The area may not be expanded further than the seacoast territory as defined in Section 38-75-310(7) and may not be expanded to cover the area for more than twenty-four months. If the director or his designee issues an order that expands the area in which the association provides essential property insurance, he shall must notify the General Assembly of that order, and he shall must recommend, through the Director of the Department of Insurance, to the General Assembly any appropriate statutory changes in the law concerning the definition of 'coastal area' which he believes needs to be enacted."
SECTION 21. Section 42-7-310(d)(2) of the 1976 Code, as last amended by Act 364 of 2000, is further amended to read:
"(2) equitable assessments upon each carrier which, as used in this section, includes all insurance carriers, self-insurers, and the State Accident Fund. Each carrier shall must make payments to the fund in an amount equal to that proportion of one hundred seventy-five percent of the total disbursement made from the fund during the preceding fiscal year less the amount of net assets in the fund as of June thirtieth of the preceding fiscal year which the normalized premium of each carrier bore to the normalized premium of all carriers during the preceding calendar year. Each insurance carrier, self-insurer, and the State Accident Fund shall must make payment based upon workers' compensation normalized premiums during the preceding calendar year. The charge to each insurance carrier is a charge based upon normalized premiums. An employer who has ceased to be a self-insurer shall continue to be liable for any assessments into the fund on account of any benefits paid by him during such calendar year. Any assessment levied or established in accordance with this section constitutes a personal debt of every employer or insurance carrier so assessed and is due and payable to the Second Injury Fund when payment is called for by the fund. In the event of failure to pay any assessment upon the date determined by the fund, the employer or insurance carrier may immediately be assessed a penalty in an amount not exceeding ten percent of the unpaid assessment. If the employer or insurance carrier fails to pay the assessment and penalty within thirty days, it is barred from any recovery from the fund on all claims without exception until the assessment and penalty are paid in full. the The director may file a complaint for collection against the employer or insurance carrier in a court of competent jurisdiction for the assessment, penalty, and interest at the legal rate, and the employer/carrier is responsible for attorney's fees and costs. The penalty and interest under this subsection are payable to the Second Injury Fund. At the time of the filing of the complaint, the fund shall must also notify the South Carolina Department of Insurance and the South Carolina Workers' Compensation Commission, and these government agencies shall must take the appropriate legal and administrative action immediately."
SECTION 22. Section 42-9-400(c) of the 1976 Code is amended to read:
"(c) In order to qualify under this section for reimbursement from the Second Injury Fund, the employer must establish when claim is made for reimbursement thereunder, that the employer had knowledge of the permanent physical impairment at the time that the employee was hired, or at the time the employee was retained in employment after the employer acquired such knowledge. Provided, however, However, the employer may qualify for reimbursement hereunder upon proof that he did not have prior knowledge of the employee's preexisting physical impairment because the existence of such the condition was concealed by the employee or was unknown to the employee."
SECTION 23. Section 42-9-410(d) of the 1976 Code is amended to read:
"(d) In order to receive additional benefits from the Second Injury Fund as permitted by Sections 42-9-150 and 42-9-170, the employer shall must establish that he had notice knowledge of the employee's preexisting permanent physical impairment prior to the time of the subsequent injury by accident, unless the employer can establish establishes that the employee had no knowledge of such preexisting impairment he did not have prior knowledge of the employee's preexisting physical impairment because the existence of the condition was concealed by the employee."
SECTION 24. This act takes effect upon approval by the Governor, except SECTION 13 takes effect January 31, 2004. /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
The amendment was adopted.
Senator McGILL proposed the following Amendment No. 4 (GJK\ 20718SD03), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION to be appropriately numbered to read:
/SECTION _____. Chapter 3 of Title 42 of the 1976 Code is amended by adding:
"Section 42-3-105. The Workers' Compensation Commission is authorized to double the amount of fines and penalties assessed for each violation of the Workers' Compensation law, except that for employers found to be uninsured in violation of the Workers' Compensation Law, the minimum amount of the penalty assessed shall be seven hundred fifty dollars a year of noncompliance and the maximum amount of the penalty shall be one thousand dollars a year of noncompliance. The commission is further authorized to retain and expend all revenues received as a result of these collections." /
Renumber sections to conform.
Amend title to conform.
Senator McGILL explained the amendment.
The amendment was adopted.
The Bill was returned to the House with amendments.
S. 449 (Word version) -- Senator Leatherman: A BILL TO AMEND CHAPTER 9, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES, SO AS TO UPDATE REFERENCES TO NATIONALLY RECOGNIZED BUILDING CODE ORGANIZATIONS AND MODIFY THE PROCEDURE BY WHICH BUILDING CODES ARE ADOPTED.
The House returned the Bill with amendments.
On motion of Senator LEATHERMAN, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
H. 3462 (Word version) -- Reps. Edge, Barfield, Clemmons, Keegan, Viers and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST APPROPRIATE FEDERAL AND STATE HIGHWAY OFFICIALS TO DESIGNATE CERTAIN HIGHWAYS IN SOUTH CAROLINA AS PART OF NEW INTERSTATE HIGHWAYS WHICH CONGRESS HAS AUTHORIZED AND WHICH ARE SCHEDULED TO COME WITHIN THE BOUNDARIES OF SOUTH CAROLINA.
The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the Resolution.
Senator ELLIOTT proposed the following amendment (NBD\11933AC03), which was adopted:
Amend the concurrent resolution, as and if amended, page 1, line 24 by deleting /within/ and inserting /to/
Amend the concurrent resolution, further, page 1, line 38 before the /;/ by inserting:
/ if the South Carolina Department of Transportation through engineering and consultant professionals on highway construction determines this is the best route./
Amend the concurrent resolution, further, page 1, by deleting lines 40-41 and inserting:
/ (2) Any consideration of routing of Interstate 74 in South Carolina may be considered by South Carolina after engineering and highway consultants determine the best and most cost effective route that safeguards the environment, and only after North Carolina formally agrees to an acceptable time cycle to complete the North Carolina section of Interstate 73 from Rockingham to the South Carolina state line, near Bennettsville, South Carolina./
Renumber sections to conform.
Amend title to conform.
Senator ELLIOTT explained the amendment.
The amendment was adopted.
There being no further amendments, the Concurrent Resolution was adopted and ordered returned to the House with amendments.
S. 466 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND SECTION 44-48-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MULTIDISCIPLINARY TEAM REVIEWING RECORDS TO DETERMINE IF A PERSON IS A SEXUALLY VIOLENT PREDATOR, SO AS TO CHANGE THE MEMBERSHIP OF THE TEAM.
Senator HUTTO asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator HUTTO proposed the following amendment (JUD0466.002):
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Article 3, Chapter 6, Title 23 of the 1976 Code is amended by adding:
"Section 23-6-180. The Department of Public Safety is directed to keep permanent records of all Highway Patrolmen who are killed in the line of duty or die in any other manner while actively employed as well as records of those who are retired."
SECTION 2. Chapter 48, Title 44 of the 1976 Code is amended to read:
"Section 44-48-10. This chapter is known and may be cited as the "Sexually Violent Predator Act".
Section 44-48-20. The General Assembly finds that a mentally abnormal and extremely dangerous group of sexually violent predators exists who require involuntary civil commitment in a secure facility for long-term control, care, and treatment. The General Assembly further finds that the likelihood these sexually violent predators will engage in repeat repeated acts of sexual violence if not treated for their mental conditions is significant. Because the existing civil commitment process is inadequate to address the special needs of sexually violent predators and the risks that they present to society, the General Assembly determines has determined that a separate, involuntary civil commitment process for the long-term control, care, and treatment of sexually violent predators is necessary. The General Assembly also determines that, because of the nature of the mental conditions from which sexually violent predators suffer and the dangers they present, it is necessary to house involuntarily committed involuntarily-committed sexually violent predators in secure facilities separated separate from persons involuntarily committed under traditional civil commitment statutes. The civil commitment of sexually violent predators is not intended to stigmatize the mentally ill community.
Section 44-48-30. For purposes of this chapter:
(1) 'Sexually violent predator' means a person who:
(a) has been convicted of a sexually violent offense; and
(b) suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment.
(2) 'Sexually violent offense' means:
(a) criminal sexual conduct in the first degree, as provided in Section 16-3-652;
(b) criminal sexual conduct in the second degree, as provided in Section 16-3-653;
(c) criminal sexual conduct in the third degree, as provided in Section 16-3-654;
(d) criminal sexual conduct with minors in the first degree, as provided in Section 16-3-655(1);
(e) criminal sexual conduct with minors in the second degree, as provided in Section 16-3-655(2) and (3);
(f) engaging a child for a sexual performance, as provided in Section 16-3-810;
(g) producing, directing, or promoting sexual performance by a child, as provided in Section 16-3-820;
(h) assault with intent to commit criminal sexual conduct, as provided in Section 16-3-656;
(i) incest, as provided in Section 16-15-20;
(j) buggery, as provided in Section 16-15-120;
(k) committing or attempting lewd act upon child under sixteen, as provided in Section 16-15-140;
(l) violations of Article 3, Chapter 15 of Title 16 involving a minor when the violations are felonies;
(m) accessory before the fact to commit an offense enumerated in this item and as provided for in Section 16-1-40;
(n) attempt to commit an offense enumerated in this item as provided by Section 16-1-80; or
(o) any offense for which the judge makes a specific finding on the record that based on the circumstances of the case, the person's offense should be considered a sexually violent offense.
(3) 'Mental abnormality' means a mental condition affecting a person's emotional or volitional capacity that predisposes the person to commit sexually violent offenses.
(4) 'Sexually motivated' means that one of the purposes for which the person committed the crime was for the purpose of the person's sexual gratification.
(5) 'Agency with jurisdiction' means that agency which, upon lawful order or authority, releases a person serving a sentence or term of confinement and includes the South Carolina Department of Corrections, the South Carolina Department of Probation, Parole, and Pardon Services, the Board of Probation, Parole, and Pardon Services, the Department of Juvenile Justice, the Juvenile Parole Board, and the Department of Mental Health.
(6) 'Convicted of a sexually violent offense' means a person has:
(a) pled guilty to, pled nolo contendere to, or been convicted of a sexually violent offense;
(b) been adjudicated delinquent as a result of the commission of a sexually violent offense;
(c) been charged but determined to be incompetent to stand trial for a sexually violent offense;
(d) been found not guilty by reason of insanity of a sexually violent offense; or
(e) been found guilty but mentally ill of a sexually violent offense.
(7) 'Court' means the court of common pleas.
(8) 'Total confinement' means incarceration in a secure state or local correctional facility, and does not mean any type of community supervision.
(9) 'Likely to engage in acts of sexual violence' means the person's propensity to commit acts of sexual violence is of such a degree as to pose a menace to the health and safety of others.
(10) 'Person' means an individual who is a potential or actual subject of proceedings under this act and includes a child under seventeen years of age.
(11) 'Victim' means an individual registered with the agency of jurisdiction as a victim or as an intervenor.
(12) 'Intervenor' means an individual, other than a law enforcement officer performing his ordinary duties, who provides aid to another individual who is not acting recklessly, in order to prevent the commission of a crime or to lawfully apprehend an individual reasonably suspected of having committed a crime.
Section 44-48-40. (A) When a person has been convicted of a sexually violent offense, the agency with jurisdiction shall must give written notice to the multidisciplinary team established in Section 44-48-50, the victim, and the Attorney General at least ninety days before:
(1) the anticipated release from total confinement of a person who has been convicted of a sexually violent offense, except that in the case of a person who is returned to prison for no more than ninety days as a result of a revocation of any type of community supervision program, written notice must be given as soon as practicable following the person's readmission to prison;
(2) the anticipated hearing on fitness to stand trial following notice under Section 44-23-460 of a person who has been charged with a sexually violent offense but who was found unfit to stand trial for the reasons set forth in Section 44-23-410 following a hearing held pursuant to Section 44-23-430;
(3) the anticipated hearing pursuant to Section 17-24-40(C) of a person who has been found not guilty by reason of insanity of a sexually violent offense; or
(4) release of a person who has been found guilty of a sexually violent offense but mentally ill pursuant to Section 17-24-20.
(B) When a person has been convicted of a sexually violent offense and the Board of Probation, Parole, and Pardon Services or the Board of Juvenile Parole intends to grant the person a parole or the South Carolina Department of Corrections or the Board of Juvenile Parole intends to grant the person a conditional release, the parole or the conditional release shall must be granted to be effective ninety days after the date of the order of parole or conditional release. The Board of Probation, Parole, and Pardon Services, the Juvenile Parole Board, or the South Carolina Department of Corrections shall must immediately send notice of the parole or conditional release of the person to the multidisciplinary team, the victim, and the Attorney General. If the person is determined to be a sexually violent predator pursuant to this chapter, the person shall is be subject to the provisions of this chapter even though the person has been released on parole or conditional release.
(C) The agency with jurisdiction shall must inform the multidisciplinary team, the victim, and the Attorney General of:
(1) the person's name, identifying factors, anticipated future residence, and offense history; and
(2) documentation of institutional adjustment and any treatment received.
(D) The agency with jurisdiction, its employees, officials, individuals contracting, appointed, or volunteering to perform services under this chapter, the multidisciplinary team, and the prosecutor's review committee established in Section 44-48-60 are immune from civil or criminal liability for any good-faith conduct under this act.
Section 44-48-50. The Director of the Department of Corrections shall must appoint a multidisciplinary team to review the records of each person referred to the team pursuant to Section 44-48-40. These records may include, but are not limited to, the person's criminal offense record, any relevant medical and psychological records, treatment records, victim's impact statement, and any disciplinary or other records formulated during confinement or supervision. The team, within thirty days of receiving notice as provided for in Section 44-48-40, shall must assess whether or not the person satisfies the definition of a sexually violent predator. If it is determined that the person satisfies the definition of a sexually violent predator, the multidisciplinary team must forward a report of the assessment to the prosecutor's review committee and notify the victim. The assessment must be accompanied by all records relevant to the assessment. Membership of the team must include:
(1) a representative from the Department of Corrections;
(2) a representative from the Department of Probation, Parole, and Pardon Services;
(3) a representative from the Department of Mental Health who is a trained, qualified mental health clinician with expertise in treating sexually violent offenders;
(4) a retired judge appointed by the Chief Justice who is eligible for continued judicial service pursuant to Section 2-19-100; and
(5) the Chief Attorney of the Office of Appellate Defense or his designee an attorney with substantial experience in the practice of criminal defense law to be appointed by the Chief Justice to serve a term of one year.
The Director of the Department of Corrections or his designee appointed pursuant to subsection (1) shall be the chairman of the team.
Section 44-48-60. The Attorney General shall must appoint a prosecutor's review committee to review the report and records of each person referred to the committee by the multidisciplinary team. The prosecutor's review committee shall must determine whether or not probable cause exists to believe the person is a sexually violent predator. The prosecutor's review committee shall must make the probable cause determination within thirty days of receiving the report and records from the multidisciplinary team. The prosecutor's review committee shall must include, but is not be limited to, a member of the staff of the Attorney General, an elected circuit solicitor, and a victim's representative. The Attorney General or his designee shall be the chairman of the committee. In addition to the records and reports considered pursuant to Section 44-48-50, the committee shall must also consider information provided by the circuit solicitor who prosecuted the person.
Section 44-48-70. When the prosecutor's review committee has determined that probable cause exists to support the allegation that the person is a sexually violent predator, the Attorney General may must file a petition with the court in the jurisdiction where the person committed the offense and must notify the victim that the committee found that probable cause exists. The Attorney General must also notify the victim of the time, date, and location of the probable cause hearing before the court. The petition, which must be filed within thirty days of the probable cause determination by the prosecutor's review committee, shall must request that the court make a probable cause determination as to whether the person is a sexually violent predator. The petition must allege that the person is a sexually violent predator and must state sufficient facts that would support a probable cause allegation.
Section 44-48-80. (A) Upon filing of a petition, the court shall must determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator. If the court determines that probable cause exists to believe that the person is a sexually violent predator, the person must be taken into custody if he is not already confined in a secure facility.
(B) Immediately upon being taken into custody pursuant to subsection (A), the person must be provided with notice of the opportunity to appear in person at a hearing to contest probable cause as to whether the detained person is a sexually violent predator. This hearing must be held within seventy-two hours after a person is taken into custody pursuant to subsection (A). At this hearing the court shall must:
(1) verify the detainee's identity;
(2) receive evidence and hear argument arguments from the person and the Attorney General; and
(3) determine whether probable cause exists to believe that the person is a sexually violent predator.
The State may rely upon the petition and supplement the petition with additional documentary evidence or live testimony.
(C) At the probable cause hearing as provided in subsection (B), the detained person has the following rights in addition to any rights previously specified:
(1) to be represented by counsel;
(2) to present evidence on the person's behalf;
(3) to cross-examine witnesses who testify against the person; and
(4) to view and copy all petitions and reports in the court file.
(D) If the probable cause determination is made, the court shall must direct that the person be transferred to an appropriate secure facility including, but not limited to, a local or regional detention facility for an evaluation as to whether the person is a sexually violent predator. The evaluation must be conducted by a qualified expert approved by the court at the probable cause hearing.
Section 44-48-90. Within sixty days after the completion of a hearing held pursuant to Section 44-48-80, the court shall must conduct a trial to determine whether the person is a sexually violent predator. Within thirty days after the determination of probable cause by the court pursuant to Section 44-48-80, the person or the Attorney General may request, in writing, that the trial be before a jury. If such a request is made, the court shall must schedule a trial before a jury at the next available date in the court of common pleas in the county where the offense was committed. If no request is made, the trial must be before a judge in the county where the offense was committed. The trial may be continued upon the request of either party and a showing of good cause, or by the court on its own motion in the due administration of justice, and only if the respondent will not be substantially prejudiced. The Attorney General must notify the victim, in a timely manner, of the time, date, and location of the trial. At all stages of the proceedings under this chapter, a person subject to this chapter is entitled to the assistance of counsel, and if the person is indigent, the court shall must appoint counsel to assist the person. If a person is subjected to an examination under this chapter, the person may retain a qualified expert of his own choosing to perform the examination. All examiners are permitted to have reasonable access to the person for the purpose of the examination, as well as access to all relevant medical, psychological, criminal offense, and disciplinary records and reports. In the case of an indigent person who would like an expert of his own choosing, the court shall must determine whether the services are necessary. If the court determines that the services are necessary and the expert's requested compensation for the services is reasonable, the court shall must assist the person in obtaining the expert to perform an examination or participate in the trial on the person's behalf. The court shall must approve payment for the services upon the filing of a certified claim for compensation supported by a written statement specifying the time expended, services rendered, expenses incurred on behalf of the person, and compensation received in the case or for the same services from any other source.
Section 44-48-100. (A) The court or jury shall must determine whether, beyond a reasonable doubt, the person is a sexually violent predator. If a jury determines that the person is a sexually violent predator, the determination must be by unanimous verdict. If the court or jury determines that the person is a sexually violent predator, the person must be committed to the custody of the Department of Mental Health for control, care, and treatment until such time as the person's mental abnormality or personality disorder has so changed that the person is safe to be at large and has been released pursuant to this chapter. The control, care, and treatment must be provided at a facility operated by the Department of Mental Health. At all times, a person committed for control, care, and treatment by the Department of Mental Health pursuant to this chapter must be kept in a secure facility, and the person must be segregated at all times from other patients under the supervision of the Department of Mental Health. The Department of Mental Health may enter into an interagency agreement with the Department of Corrections for the control, care, and treatment of these persons. A person who is in the confinement of the Department of Corrections pursuant to an interagency agreement authorized by this chapter must be kept in a secure facility and must, if practical and to the degree possible, be housed and managed separately from offenders in the custody of the Department of Corrections. If the court or jury is not satisfied beyond a reasonable doubt that the person is a sexually violent predator, the court shall must direct the person's release. Upon a mistrial, the court shall must direct that the person be held at an appropriate secure facility including, but not limited to, a local or regional detention facility until another trial is conducted. A subsequent trial following a mistrial must be held within ninety days of the previous trial, unless the subsequent trial is continued. The court or jury's determination that a person is a sexually violent predator may be appealed. The person must be committed to the custody of the Department of Mental Health pending his appeal.
(B) If the person charged with a sexually violent offense has been found incompetent to stand trial and is about to be released and the person's commitment is sought pursuant to subsection (A), the court first shall hear evidence and determine whether the person committed the act or acts with which he is charged. The hearing on this issue must comply with all the procedures specified in this section. In addition, the rules of evidence applicable in criminal cases apply, and all constitutional rights available to defendants at criminal trials, other than the right not to be tried while incompetent, apply. After hearing evidence on this issue, the court shall must make specific findings on whether the person committed the act or acts with which he is charged; the extent to which the person's incompetence or developmental disability affected the outcome of the hearing, including its effect on the person's ability to consult with and assist counsel and to testify on the person's own behalf; the extent to which the evidence could be reconstructed without the assistance of the person; and the strength of the prosecution's case. If, after the conclusion of the hearing on this issue, the court finds beyond a reasonable doubt that the person committed the act or acts with which he is charged, the court shall must enter a final order, appealable by the person, on that issue, and may proceed to consider whether the person should be committed pursuant to this chapter.
Section 44-48-110. A person committed pursuant to this chapter shall must have an examination of his mental condition performed once every year. The person may retain or, if the person is indigent and so requests, the court may appoint a qualified expert to examine the person, and the expert shall must have access to all medical, psychological, criminal offense, and disciplinary records and reports concerning the person. The annual report must be provided to the court which committed the person pursuant to this chapter, the Attorney General, the solicitor who prosecuted the person, and the multidisciplinary team. The court shall must conduct an annual hearing to review the status of the committed person. The committed person shall is not be prohibited from petitioning the court for release at this hearing. The Director of the Department of Mental Health shall must provide the committed person with an annual written notice of the person's right to petition the court for release over the director's objection; the notice shall must contain a waiver of rights. The director shall must forward the notice and waiver form to the court with the annual report. The committed person has a right to have an attorney represent him at the hearing, but the committed person is not entitled to be present at the hearing. If the court determines that probable cause exists to believe that the person's mental abnormality or personality disorder has so changed that the person is safe to be at large and, if released, is not likely to commit acts of sexual violence, the court shall must schedule a trial on the issue. At the trial, the committed person is entitled to be present and is entitled to the benefit of all constitutional protections that were afforded the person at the initial commitment proceeding. The Attorney General must notify the victim of all proceedings. The Attorney General shall must represent the State and has the right to have the committed person evaluated by qualified experts chosen by the State. The trial must be before a jury if requested by either the person, the Attorney General, or the solicitor. The committed person also has the right to have qualified experts evaluate the person on the person's behalf, and the court shall must appoint an expert if the person is indigent and requests the appointment. The burden of proof at the trial is upon the State to prove beyond a reasonable doubt that the committed person's mental abnormality or personality disorder remains such that the person is not safe to be at large and, if released, is likely to engage in acts of sexual violence.
Section 44-48-120. If the Director of the Department of Mental Health determines that the person's mental abnormality or personality disorder has so changed that the person is safe to be at large and, if released, is not likely to commit acts of sexual violence, the director shall must authorize the person to petition the court for release. The petition shall must be served upon the court and the Attorney General. The Attorney General must notify the victim of the proceeding. The court, upon receipt of the petition for release, shall must order a hearing within thirty days. The Attorney General shall must represent the State, and has the right to have the petitioner examined by experts chosen by the State. The hearing must be before a jury if requested by either the petitioner or the Attorney General. The burden of proof is upon the Attorney General to show beyond a reasonable doubt that the petitioner's mental abnormality or personality disorder remains such that the petitioner is not safe to be at large and, that if released, is likely to commit acts of sexual violence.
Section 44-48-130. Nothing in this chapter shall prohibit prohibits a person from filing a petition for release pursuant to this chapter. However, if a person has previously filed a petition for release without the approval of the Director of the Department of Mental Health, and the court determined either upon review of the petition or following a hearing that the petitioner's petition was frivolous or that the petitioner's condition had not changed so that the petitioner was not safe to be at large continued to be a threat and, if released, would commit acts of sexual violence, then the court shall must deny the subsequent petition unless the petition contains facts upon which a court could find the condition of the petitioner had so changed that a hearing was warranted. Upon receipt of a first or subsequent petition from a committed person without the director's approval, the court shall must, whenever possible, review the petition and determine if the petition is based upon frivolous grounds and, if so, shall must deny the petition without a hearing.
Section 44-48-140. In order to protect the public, relevant information and records which otherwise are confidential or privileged must be released to the agency with jurisdiction and the Attorney General for the purpose of meeting the notice requirements of Section 44-48-40 and determining whether a person is or continues to be a sexually violent predator.
Section 44-48-150. Psychological reports, drug and alcohol reports, treatment records, reports of the diagnostic center, medical records, or victim impact statements which have been submitted to the court or admitted into evidence under this chapter must be part of the record, but must be sealed and opened only on order of the court.
Section 44-48-160. A person released from commitment pursuant to this chapter must register pursuant to and comply with the requirements of Article 7, Chapter 3 of Title 23.
Section 44-48-170. The involuntary detention or commitment of a person pursuant to this chapter shall must conform to constitutional requirements for care and treatment."
SECTION 3. Section 56-5-2934 of the 1976 Code, as added by Act 390 of 2000, is amended to read:
"Section 56-5-2934. Notwithstanding any other provision of law, a person charged with a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 who is being tried in any court of competent jurisdiction in this State shall have has the right to compulsory process for obtaining witnesses, documents, or both, including, but not limited to, state employees charged with the maintenance of breath testing devices in this State and the administration of breath testing pursuant to this article. Such This process may be issued under the official signature of the magistrate, judge, clerk, or other officer of the court of competent jurisdiction. The term 'documents' includes, but is not limited to, a copy of the computer software program of breath testing devices. The portion of compulsory process provided for in this section that requires the attendance, at any administrative hearing or court proceeding, of state employees charged with the maintenance of breath testing devices in this State and the administration of breath testing pursuant to this article, takes effect once the compulsory process program at the State Law Enforcement Division is specifically, fully, and adequately funded.
In addition, at the time of arrest for a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, the arresting officer, in addition to other notice requirements, must inform the defendant of his right to all hearings provided by law to include those if a breath test is refused or taken with a result that would require license suspension. The arresting officer, if the defendant wishes to avail himself of any such hearings, depending on the choices made or the breath test results obtained, shall then must provide the defendant with the appropriate form to request the hearing or hearings. The defendant shall must acknowledge receipt of the notice requirements and receipt of the hearing form if such a hearing or hearings are desired. The defendant may at this time complete the hearing request form and give it to the officer who shall in turn forward it to the department."
SECTION 4. Sections 56-1-286(A), (I), (J), (K), (N) and (V) of the 1976 Code, as amended by Act 390 of 2000, are further amended to read:
"(A) In addition to any other penalty imposed by law unless otherwise prohibited in this section, including additional driver's license suspensions, the The Department of Public Safety must suspend the driver's license, permit, or nonresident operating privilege of, or deny the issuance of a license or permit to, a person under the age of twenty-one who drives a motor vehicle and has an alcohol concentration of two one-hundredths of one percent or more. The department shall not suspend a person's privilege to drive under this section if the person's privilege to drive has been suspended for In cases in which a law enforcement officer initiates suspension proceedings for a violation of this section, the officer has elected to pursue a violation of this section and is subsequently prohibited from prosecuting the person for a violation of Section 20-7-8920, 20-7-8925, or 56-5-2930, or 56-5-2933 arising from the same incident."
"(I) A test may not be administered or samples taken unless the person has been informed in writing that:
(1) he does not have to take the test or give the samples but that his privilege to drive must be suspended or denied for at least six months if he refuses to submit to the tests and that his refusal may be used against him in court;
(2) his privilege to drive must be suspended for at least three months if he takes the test or gives the samples and has an alcohol concentration of two one-hundredths of one percent or more;
(3) he has the right to have a qualified person of his own choosing conduct additional independent tests at his expense;
(4) he has the right to request an administrative hearing within thirty days of the issuance of the notice of suspension; and
(5) he must enroll in an Alcohol and Drug Safety Action Program within thirty days of the issuance of the notice of suspension if he does not request an administrative hearing or within thirty days of the issuance of notice that the suspension has been upheld at the administrative hearing.
The primary investigating officer must notify promptly the department of the refusal of a person to submit to a test requested pursuant to this section as well as the test result of any person who submits to a test pursuant to this section and registers an alcohol concentration of two one-hundredths of one percent or more. The notification must be in a manner prescribed by the department."
"(J) If the test registers an alcohol concentration of two one-hundredths of one percent or more or if the person refuses to be tested, the primary investigating officer must issue a notice of suspension, and the suspension is effective beginning on the date of the alleged violation of this section. The person, within thirty days of the issuance of the notice of suspension, must enroll in an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 if he does not request an administrative hearing. If the person does not request an administrative hearing and does not enroll in an Alcohol and Drug Safety Action Program within thirty days, the suspension remains in effect, and a temporary alcohol restricted license must not be issued, and an administrative hearing may not be requested. If the person drives during the period of suspension without a temporary alcohol restricted license, the person must be penalized for driving while his license is suspended pursuant to Section 56-1-460."
"(K) Within thirty days of the issuance of the notice of suspension the person may:
(1) obtain a temporary alcohol restricted license by filing with the department a form after enrolling in an Alcohol and Drug Safety Action Program. A one hundred dollar fee must be assessed for obtaining a temporary alcohol restricted license. Twenty-five dollars of the fee must be retained by the department for supplying and maintaining all necessary vehicle videotaping equipment. The remaining seventy-five dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles. The temporary alcohol restricted license allows the person to drive without any restrictive conditions pending the outcome of the administrative hearing provided for in this section or the final decision or disposition of the matter; and
(2) request an administrative hearing.
At the administrative hearing if:
(a) the suspension is upheld, the person's person must enroll in an Alcohol and Drug Safety Action Program and his driver's license, permit, or nonresident operating privilege must be suspended or the person must be denied the issuance of a license or permit for the remainder of the suspension periods provided for in subsections (F) and (G);
(b) the suspension is overturned, the person shall have his driver's license, permit, or nonresident operating privilege reinstated and is not required to complete the Alcohol and Drug Safety Action Program in which he is enrolled. Any costs paid by the person to the certified Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 must be refunded."
"(N) The notice of suspension shall must advise the person of the requirement to enroll in an Alcohol and Drug Safety Action Program and of his right to obtain a temporary alcohol restricted driver's license and to request an administrative hearing. The notice of suspension also shall must advise the person that, if he does not enroll in an Alcohol and Drug Safety Action Program and does not request an administrative hearing within thirty days of the issuance of the notice of suspension, he must enroll in an Alcohol and Drug Safety Action Program, and he shall have waived waives his right to the administrative hearing, and the suspension continues for the periods provided for in subsections (F) and (G)."
"(V) Notwithstanding any other provision of law, no suspension imposed pursuant to this section is counted as a demerit or result in any insurance penalty for automobile insurance purposes if at the time he was stopped, the person whose license is suspended had an alcohol concentration that was less than ten eight one-hundredths of one percent."
SECTION 5. Section 56-5-2940 of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:
"Section 56-5-2940. A person who violates a provision of Section 56-5-2930 or 56-5-2933, upon conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail must be punished:
(1) by a fine of three four hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days, for the first offense; however, in lieu of the forty-eight hour minimum imprisonment, the court may provide for forty-eight hours of public service employment. The minimum forty-eight hour imprisonment or public service employment must be served at a time when the person is off from work and does not interfere with his regular employment under terms and conditions as the court considers proper. However, the court may not compel an offender to perform public service employment in lieu of the minimum sentence.;
(2) by a fine of not less than two thousand one hundred dollars nor more than five thousand one hundred dollars and imprisonment for not less than forty-eight hours five days nor more than one year for the second offense. However, the fine imposed by this item may not be suspended in an amount less than one thousand one hundred dollars. In lieu of service of imprisonment, the court may require that the individual complete an appropriate term of public service employment of not less than ten thirty days upon terms and conditions the court considers proper.;
(3) by a fine of not less than three thousand five eight hundred dollars nor more than six thousand three hundred dollars and imprisonment for not less than sixty days nor more than three years for the third offense.;
(4) by imprisonment for not less than one year nor more than five years for a fourth offense or subsequent offense.
No part of the minimum sentences provided in this section must may be suspended. The court may provide instead of service other sentences provided in this section. For a third or subsequent offense or for a violation of Section 56-5-2945 for great bodily injury, the service of the minimum sentence is mandatory. However, the judge may provide for the sentence to be served upon terms and conditions as he considers proper including, but not limited to, weekend service or nighttime service in any fashion he considers necessary.
The fine for a first offense may not be suspended. The court is prohibited from suspending a monetary fine below that of the next preceding minimum monetary fine.
For the purposes of this chapter any conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail for the violation of any law or ordinance of this or any other state or any municipality of this or any other state that prohibits any a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics shall constitute constitutes a prior offense for the purpose of any prosecution for any subsequent violation hereof. Only those violations which occurred within a period of ten years including and immediately preceding the date of the last violation shall constitute prior violations within the meaning of this section.
Upon imposition of a sentence of public service, the defendant may apply to the court to be allowed to perform his public service in his county of residence if he has been sentenced to public service in a county where he does not reside.
One hundred dollars of each fine imposed pursuant to this section must be placed by the Comptroller General into a special restricted account to be used by the Department of Public Safety for the Highway Patrol.
Two hundred dollars of the fine imposed pursuant to subsection (3) must be placed by the Comptroller General into a special restricted account to be used by the State Law Enforcement Division to offset the costs of administration of the datamaster, breath testing site video program, ignition interlock provisions, and toxicology laboratory."
SECTION 6. Article 23, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-2942. (A) A person who is convicted of or pleads guilty or nolo contendere to a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 must have all motor vehicles owned by or registered to him immobilized if the person is a resident of this State, unless the vehicle has been confiscated pursuant to Section 56-5-6240.
(B) For purposes of this section, 'immobilized' and 'immobilization' mean suspension and surrender of the registration and motor vehicle license plate.
(C) Upon sentencing for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, the court must ascertain the registration numbers or other information to determine the identity of the vehicles to be immobilized. The court must notify the department of a person's conviction for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 and the identity of the vehicles to be immobilized.
(D) Upon notification by a court in this State or by any other state of a conviction for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, the department must require the person convicted to surrender all license plates and vehicle registrations subject to immobilization pursuant to this section. The immobilization is for a period of thirty days to take place during the driver's license suspension pursuant to a conviction for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945. The department must maintain a record of all vehicles immobilized pursuant to this section.
(E) An immobilized motor vehicle must be released to the holder of a bona fide lien on the motor vehicle when possession of the motor vehicle is requested, as provided by law, by the lienholder for the purpose of foreclosing on and satisfying the lien.
(F) An immobilized motor vehicle may be released by the department without legal or physical restraints to a person who has not been convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, if that person is a registered owner of the motor vehicle or a member of the household of a registered owner. The vehicle must be released if an affidavit is submitted by that person to the department stating that:
(1) he regularly drives the motor vehicle subject to immobilization;
(2) the immobilized motor vehicle is necessary to his employment, transportation to an educational facility, or for the performance of essential household duties;
(3) no other vehicle is available for the use of the person;
(4) the person will not authorize the use of the motor vehicle by any other person known by him to have been convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945;
(5) the person will report immediately to a local law enforcement agency any unauthorized use of the motor vehicle by a person known by him to have been convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945.
(G) The department may conduct a hearing and receive testimony regarding the veracity of an affidavit submitted pursuant to subsection (F) or issue an agency decision to permit or deny the release of the vehicle based on the affidavit. A person may seek relief pursuant to the provisions of the Administrative Procedures Act from an agency action immobilizing a vehicle or denying the release of the vehicle.
(H) A person who operates an immobilized vehicle except as provided in subsections (E) and (F) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.
(I) A person who falsifies a report concerning vehicles owned by or registered to that person, or who fails to surrender registrations and license plates pursuant to this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.
(J) The court must assess a fee of forty dollars for each motor vehicle owned by or registered to the person convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945. This fee must be placed by the Comptroller General into a special restricted interest bearing account to be used by the Department of Public Safety to defray the expenses of the Division of Motor Vehicles."
SECTION 7. Section 56-5-2945 of the 1976 Code is amended to read:
"Section 56-5-2945. (A) Any A person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, drives a vehicle and when driving does any act forbidden by law or neglects any duty imposed by law in the driving of the vehicle, which act or neglect proximately causes great bodily injury or death to any a person other than himself, is guilty of a felony and upon conviction must be punished:
(1) by a mandatory fine of not less than five thousand one hundred dollars nor more than ten thousand one hundred dollars and mandatory imprisonment for not less than thirty days nor more than fifteen years when great bodily injury results;
(2) by a mandatory fine of not less than ten thousand one hundred dollars nor more than twenty-five thousand one hundred dollars and mandatory imprisonment for not less than one year nor more than twenty-five years when death results.
No A part of the mandatory sentences required to be imposed by this section may must not be suspended, and probation may must not be granted for any portion.
(B) As used in this section, 'great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
The department shall must suspend the driver's license of any a person who is convicted or who receives sentence upon a plea of guilty or nolo contendere pursuant to this section for a period to include any a term of imprisonment plus three years.
(C) One hundred dollars of each fine imposed pursuant to this section must be placed by the Comptroller General into a special restricted account to be used by the department for the Highway Patrol."
SECTION 8. Section 56-5-2951 of the 1976 Code, as amended by Act 390 of 2000, is further amended to read:
"Section 56-5-2951. (A) The Department of Public Safety shall must suspend the driver's license, permit, or nonresident operating privilege of or deny the issuance of a license or permit to a person who drives a motor vehicle and refuses to submit to a test provided for in Section 56-5-2950 or has an alcohol concentration of fifteen one-hundredths of one percent or more. The arresting officer shall must issue a notice of suspension which is effective beginning on the date of the alleged violation of Section 56-5-2930, 56-5-2933, or 56-5-2945.
(B) If the test registers an alcohol concentration of ten one-hundredths of one percent or more, the person, within thirty days of the issuance of the notice of suspension, must enroll in an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990.
(C) If the person does not enroll in an Alcohol and Drug Safety Action Program within thirty days, the suspension remains in effect, a temporary alcohol restricted license must not be issued, and an administrative hearing may not be requested. If the person drives during the period of suspension without a temporary alcohol restricted license, the person must be penalized for driving while his license is suspended pursuant to Section 56-1-460.
(D) Within thirty days of the issuance of the notice of suspension, the person may:
(1) obtain a temporary alcohol restricted license by filing with the department a form after enrolling in an Alcohol and Drug Safety Action Program for this purpose. A one hundred-dollar fee must be assessed for obtaining a temporary alcohol restricted license. Twenty-five dollars of the fee must be retained by the department for supplying and maintaining all necessary vehicle videotaping equipment. The remaining seventy-five dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles. The temporary alcohol restricted license allows the person to drive without any restrictive conditions pending the outcome of the administrative hearing provided for in subsection (H) (F) or the final decision or disposition of the matter. If the suspension is upheld at the administrative hearing, the temporary alcohol restricted license shall remain remains in effect until the department issues the hearing officer's decision and sends notice to the person that he is eligible to receive a special restricted license pursuant to subsection (J) (H); and
(2) request an administrative hearing.
At the administrative hearing if:
(a) the suspension is upheld, the person's driver's license, permit, or nonresident operating privilege must be suspended or the person must be denied the issuance of a license or permit for the remainder of the suspension period provided for in subsection (K); (I). Within thirty days of the issuance of the notice that the suspension has been upheld, the person must enroll in an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990;
(b) the suspension is overturned, the person shall must have his driver's license, permit, or nonresident operating privilege reinstated and is not required to complete the Alcohol and Drug Safety Action Program in which he is enrolled. Any costs paid by the person to the certified Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 must be refunded.
The provisions of this subsection do not affect the trial for a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945.
(E)(C) The period of suspension provided for in subsection (K) (I) begins on the day the notice of suspension is issued, or at the expiration of any other suspensions, and continues until the person applies for a temporary alcohol restricted license and requests an administrative hearing.
(F)(D) If a person does not request an administrative hearing, he shall have waived waives his right to the hearing, and his suspension must not be stayed but continues for the period provided for in subsection (K) (I).
(G)(E) The notice of suspension shall must advise the person of the requirement to enroll in an Alcohol and Drug Safety Action Program and of his right to obtain a temporary alcohol restricted driver's license and to request an administrative hearing. The notice of suspension also shall must advise the person that, if he does not request an administrative hearing within thirty days of the issuance of the notice of suspension, he shall have waived waives his right to the administrative hearing, and the suspension continues for the period provided for in subsection (K) (I). The notice of suspension must also advise the person that if the suspension is upheld at the administrative hearing or if he does not request an administrative hearing, he must enroll in an Alcohol and Drug Safety Action Program.
(H)(F) An administrative hearing must be held within thirty days after the request for the hearing is received by the department. If the department does not hold the hearing within thirty days, a written order must be issued by the department within thirty days. The order must set forth the reasons why the hearing was not held within thirty days, and a new hearing must be scheduled. If the department does not issue a written order within thirty days or fails within thirty days to notify the defendant of a new hearing, the person shall must have his driver's license, permit, or nonresident operating privilege reinstated. The scope of the hearing must be limited to whether the person:
(1) was lawfully arrested or detained;
(2) was advised in writing of the rights enumerated in Section 56-5-2950; or
(3) refused to submit to a test pursuant to Section 56-5-2950; or
(4) consented to taking a test pursuant to Section 56-5-2950, and the:
(a) reported alcohol concentration at the time of testing was fifteen one- hundredths of one percent or more;
(b) individual who administered the test or took samples was qualified pursuant to Section 56-5-2950;
(c) tests administered and samples obtained were conducted pursuant to Section 56-5-2950; and
(d) the machine was working properly.
Nothing in this section prohibits the introduction of evidence at the administrative hearing on the issue of the accuracy of the breath test result.
A written order must be issued to the person upholding the suspension of the person's license, permit, or nonresident's operating privilege, or denying the issuance of a license or permit within thirty days after the conclusion of the administrative hearing. If the suspension is upheld, the person must receive credit for the number of days his license was suspended before he received a temporary alcohol restricted license and requested the administrative hearing.
(I)(G) An administrative hearing is a contested proceeding under the Administrative Procedures Act, and a person has a right to judicial review pursuant to that act. The filing of a petition for review shall stay stays the suspension until a final decision is issued.
(J)(1)(H)(1) If the suspension is upheld at the administrative hearing, the person must enroll in an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 and may apply for a special restricted driver's license if he is employed or enrolled in a college or university. The special restricted license shall permit permits him to drive only to and from work and his place of education and in the course of his employment or education during the period of suspension. The special restricted license also shall permit permits him to drive to and from the Alcohol Drug Safety Action Program classes or to a court-ordered drug program. The department may issue the special restricted driver's license only upon showing by the individual that he is employed or enrolled in a college or university, that he lives further than one mile from his place of employment, place of education, or location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program, and that there is no adequate public transportation between his residence and his place of employment, his place of education, the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program.
(2) If the department issues a special restricted driver's license, it shall must designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance of Alcohol and Drug Safety Action Program classes, status of attendance of his court-ordered drug program, or residence must be reported immediately to the department by the licensee.
(3) The fee for a special restricted driver's license is one hundred dollars, but no additional fee is due shall be charged because of changes in the place and hours of employment, education, or residence. Twenty dollars of this fee must be deposited in the state general fund, and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles.
(4) The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460.
(K)(1)(I)(1) The period of a driver's license, permit, or nonresident operating privilege suspension for, or denial of issuance of a license or permit to, an arrested person who has no previous convictions for violating Section 56-5-2930, 56-5-2933, or 56-5-2945, or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or another any other drug within the ten years preceding a violation of this section, and who has had no previous suspension imposed pursuant to Section 56-5-2950 or 56-5-2951 within the ten years preceding a violation of this section is:
(a) ninety days for a person who refuses to submit to a test pursuant to Section 56-5-2950; or
(b) thirty days for a person who takes a test pursuant to Section 56-5-2950 and has an alcohol concentration of fifteen one-hundredths of one percent or more.
(2) The period of a driver's license, permit, or nonresident operating privilege suspension for, or denial of issuance of a license or permit to, an arrested person who has been convicted previously for violating Section 56-5-2930, 56-5-2933, or 56-5-2945, or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug within the ten years preceding a violation of this section, or who has had a previous suspension imposed pursuant to Section 56-5-2950 or 56-5-2951 within the ten years preceding a violation of this section is one hundred eighty days if he refuses to submit to a test pursuant to Section 56-5-2950 or sixty days if he takes a test pursuant to Section 56-5-2950 and has an alcohol concentration of fifteen one-hundredths of one percent or more.
(L)(J) A person's driver's license, permit, or nonresident operating privilege must be restored when the person's period of suspension under subsection (K) (I) has concluded, even if the person has not yet completed the Alcohol and Drug Safety Action Program in which he is enrolled. After the person's driving privilege is restored, he must continue the services of the Alcohol and Drug Safety Action Program in which he is enrolled. If the person withdraws from or in any way stops making satisfactory progress toward the completion of the Alcohol and Drug Safety Action Program, the person's license shall must be suspended until the completion of the Alcohol and Drug Safety Action Program. A person must be attending or have completed an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 before his driving privilege can be restored at the conclusion of the suspension period.
(M)(K) When a nonresident's privilege to drive a motor vehicle in this State has been suspended under the provisions of this section, the department must give written notice of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he has a license or permit.
(N)(L) The department shall must not suspend the privilege to drive of a person under the age of twenty-one pursuant to Section 56-1-286 if the person's privilege to drive has been suspended under this section arising from the same incident.
(O)(M) A person whose driver's license or permit is suspended pursuant to this section is not required to file proof of financial responsibility.
(P)(N) An insurer may shall not increase premiums on or add surcharges to the automobile insurance of a person charged with a violation of Section 56-1-286, 56-5-2930, 56-5-2933, or 56-5-2945, or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug unless he is convicted of the violation.
(Q)(O) The department shall must administer the provisions of this section and shall must promulgate regulations necessary to carry out its provisions.
(R)(P) If a person does not request an administrative hearing within the ten-day thirty-day period as authorized pursuant to this section, the person may file with the department a form after enrolling in an approved Alcohol and Drug Safety Action Program to apply for a special restricted driver's license. The special restricted license shall permit permits him to drive only to and from work and his place of education and in the course of his employment or education during the period of suspension. The special restricted license also shall permit permits him to drive to and from Alcohol and Drug Safety Action Program classes or a court-ordered drug program. The department may issue the special restricted driver's license at any time following the suspension upon a showing by the individual that he is employed or enrolled in a college or university, that he lives further than one mile from his place of employment, place of education, the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program, and that there is no adequate public transportation between his residence and his place of employment, his place of education, the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program. The department shall must designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance of Alcohol and Drug Safety Action Program classes, status of his court-ordered drug program, or residence must be reported immediately to the department by the licensee. The route restrictions, requirements, and fees imposed by the department for the issuance of the special restricted driver's license issued pursuant to this item are the same as those provided in this section had the person requested an administrative hearing. A special restricted driver's license is valid until the person successfully completes an approved Alcohol and Drug Safety Action Program, unless the person fails to complete or make satisfactory progress to complete the program."
SECTION 9. Section 56-5-2952 of the 1976 Code, as added by Act 235 of 2002, is amended to read:
"Section 56-5-2952. The filing fee to request an administrative hearing pursuant to Section 56-5-2951 or 56-1-286 for a person whose driver's license has been suspended for either his refusal to submit to a breath test or registering an alcohol concentration greater than the existing lawful limit, or any other administrative hearing before the Department of Public Safety, is fifty one hundred dollars. Funds generated from the collection of this fee must be used by the Office of Administrative Hearings of the Department of Public Safety to defray the costs of scheduling and conducting administrative hearings."
SECTION 10. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
On motion of Senator JACKSON, the Bill was carried over.
S. 495 (Word version) -- Senators Knotts, Courson, Waldrep, Martin and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-5635 SO AS TO ESTABLISH A PROCEDURE BY WHICH A LAW ENFORCEMENT OFFICER MAY HAVE A VEHICLE TOWED AND PROVIDE FOR THE DISPOSAL OF THE VEHICLE; TO AMEND SECTION 16-11-760, RELATING TO PARKING ON PRIVATE PROPERTY WITHOUT THE CONSENT OF THE OWNER OF THE PROPERTY, SO AS TO DELETE PROVISIONS RELATING TO A LIEN PLACED ON THE VEHICLE FOR TOWING AND STORAGE AND THE SALE OF THE VEHICLE UNDER CERTAIN CONDITIONS; TO AMEND SECTION 56-5-5630, AS AMENDED, RELATING TO THE NOTICE TO OWNER AND LIENHOLDERS OF AN ABANDONED VEHICLE TAKEN INTO CUSTODY BY LAW ENFORCEMENT OFFICERS, SO AS TO SHORTEN FROM FORTY-FIVE TO FIFTEEN DAYS THE NOTIFICATION PERIOD AND SPECIFY WHAT CONSTITUTES NOTICE; TO AMEND SECTION 56-5-5640, AS AMENDED, RELATING TO THE SALE OF CERTAIN ABANDONED VEHICLES, SO AS TO AUTHORIZE A PROPRIETOR, OWNER, OR OPERATOR OF THE STORAGE PLACE INSTEAD OF THE APPROPRIATE LAW ENFORCEMENT OFFICER TO SELL THE ABANDONED VEHICLES AND PROVIDE FOR THE SALE; AND TO REPEAL SECTION 56-5-2522 RELATING TO A PROCEDURE BY WHICH A LAW ENFORCEMENT OFFICER AUTHORIZES A VEHICLE OR AN OBJECT TO BE TOWED, WHETHER PUBLIC OR PRIVATE PROPERTY.
The House returned the Bill with amendments.
Senator KNOTTS proposed the following Amendment No. 1 (SWB\ 5613CM03), which was adopted:
Amend the bill, as and if amended, by striking SECTION 6 in its entirety.
Renumber sections to conform.
Amend title to conform.
Senator KNOTTS explained the amendment.
The amendment was adopted.
The Bill was returned to the House with amendments.
S. 34 (Word version) -- Senators Knotts, Elliott, Reese and Kuhn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-4-55 SO AS TO PROVIDE THAT A PUBLIC BODY OR PERSON OR ENTITY ACTING ON BEHALF OF THE PUBLIC BODY THAT OFFERS CERTAIN INCENTIVES TO ATTRACT A BUSINESS OR INDUSTRY TO INVEST IN SOUTH CAROLINA SHALL DISCLOSE THE FISCAL IMPACT OF THE OFFER ON THE PUBLIC BODY OR OTHER GOVERNMENTAL ENTITY AT THE TIME THE OFFER IS ACCEPTED OR REJECTED, AND TO PRESCRIBE THE SUBSTANCE OF THE FISCAL IMPACT DISCLOSURE; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT MEMORANDA, CORRESPONDENCE, AND DOCUMENTS RELATING TO AN OFFER MADE TO AN INDUSTRY OR BUSINESS OF INCENTIVES THAT REQUIRE THE EXPENDITURE OF PUBLIC FUNDS OR THE TRANSFER OF ANYTHING OF VALUE OR THAT REDUCE THE RATE OR ALTER THE METHOD OF TAXATION OF THE BUSINESS OR INDUSTRY OR OTHERWISE IMPACT THE OFFEROR FISCALLY ARE NOT EXEMPT FROM DISCLOSURE AFTER THE OFFER IS ACCEPTED OR REJECTED BY THE INDUSTRY OR BUSINESS TO WHOM THE OFFER WAS MADE.
The House returned the Bill with amendments.
On motion of Senator KNOTTS, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
At 3:36 P.M., Senator MARTIN asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 4:45 P.M.
There was no objection and a message was sent to the House accordingly.
H. 3199 (Word version) -- Reps. J.E. Smith, Harrison, Cobb-Hunter, Altman, Bailey, Richardson and Cotty: A BILL TO AMEND SECTION 20-7-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO INCLUDE A MEMBER OF THE CLERGY; AND TO AMEND SECTION 20-7-550, AS AMENDED, RELATING TO PRIVILEGED COMMUNICATIONS WHICH APPLY AND DO NOT APPLY WITH REGARD TO REPORTING CHILD ABUSE OR NEGLECT, SO AS TO REQUIRE A PRIEST TO REPORT EXCEPT IF THE COMMUNICATION IS PROTECTED BY THE STATUTORILY PRESCRIBED PRIEST-PENITENT PRIVILEGE IN SECTION 19-11-90.
The House returned the Bill with amendments.
On motion of Senator RITCHIE, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
Columbia, S.C., June 4, 2002
Mr. President and Members of the Senate:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 477 (Word version) -- Senators Ritchie, Ford, Leventis and Richardson: A BILL TO ENACT THE "DOMESTIC VIOLENCE PREVENTION ACT OF 2003"; TO AMEND SECTION 16-1-60, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AS A VIOLENT CRIME; TO AMEND ARTICLE 1, CHAPTER 25 OF TITLE 16, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES, SO AS TO REDEFINE "HOUSEHOLD MEMBER"; TO DELETE FINES AS A PENALTY FOR THESE CRIMINAL DOMESTIC VIOLENCE OFFENSES AND TO AUTHORIZE SUSPENSION OF THE SENTENCE IMPOSED, EXCEPT MANDATORY MINIMUM SENTENCES WHERE APPLICABLE; TO REDEFINE CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE; TO PROVIDE THAT A LAW ENFORCEMENT AGENCY MUST INVESTIGATE AN ALLEGATION OF CRIMINAL DOMESTIC VIOLENCE EVEN IF THE AGENCY WAS NOT NOTIFIED AT THE TIME OF THE VIOLATION; TO AMEND SECTION 17-22-50, RELATING TO PRETRIAL INTERVENTION, SO AS TO PROVIDE THAT A PERSON MUST NOT BE CONSIDERED FOR INTERVENTION IF HE HAS BEEN CHARGED WITH AN OFFENSE CONTAINED IN CHAPTER 25 OF TITLE 16; AND TO AMEND SECTION 56-7-15, RELATING TO UNIFORM TRAFFIC TICKETS, SO AS TO REQUIRE THAT AN OFFICER WHO EFFECTS AN ARREST, BY USE OF A UNIFORM TRAFFIC TICKET, FOR A VIOLATION OF CHAPTER 25 OF TITLE 16, MUST SUBSEQUENTLY COMPLETE AND FILE AN INCIDENT REPORT WITHIN FIFTEEN DAYS OF THE ISSUANCE OF THE TICKET.
asks for a Committee of Conference, and has appointed Representatives Lucas, G. M. Smith and Coleman to the committee on the part of the House.
Very respectfully,
Speaker of the House
Received as information.
S. 477 (Word version) -- Senators Ritchie, Ford, Leventis and Richardson: A BILL TO ENACT THE "DOMESTIC VIOLENCE PREVENTION ACT OF 2003"; TO AMEND SECTION 16-1-60, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AS A VIOLENT CRIME; TO AMEND ARTICLE 1, CHAPTER 25 OF TITLE 16, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES, SO AS TO REDEFINE "HOUSEHOLD MEMBER"; TO DELETE FINES AS A PENALTY FOR THESE CRIMINAL DOMESTIC VIOLENCE OFFENSES AND TO AUTHORIZE SUSPENSION OF THE SENTENCE IMPOSED, EXCEPT MANDATORY MINIMUM SENTENCES WHERE APPLICABLE; TO REDEFINE CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE; TO PROVIDE THAT A LAW ENFORCEMENT AGENCY MUST INVESTIGATE AN ALLEGATION OF CRIMINAL DOMESTIC VIOLENCE EVEN IF THE AGENCY WAS NOT NOTIFIED AT THE TIME OF THE VIOLATION; TO AMEND SECTION 17-22-50, RELATING TO PRETRIAL INTERVENTION, SO AS TO PROVIDE THAT A PERSON MUST NOT BE CONSIDERED FOR INTERVENTION IF HE HAS BEEN CHARGED WITH AN OFFENSE CONTAINED IN CHAPTER 25 OF TITLE 16; AND TO AMEND SECTION 56-7-15, RELATING TO UNIFORM TRAFFIC TICKETS, SO AS TO REQUIRE THAT AN OFFICER WHO EFFECTS AN ARREST, BY USE OF A UNIFORM TRAFFIC TICKET, FOR A VIOLATION OF CHAPTER 25 OF TITLE 16, MUST SUBSEQUENTLY COMPLETE AND FILE AN INCIDENT REPORT WITHIN FIFTEEN DAYS OF THE ISSUANCE OF THE TICKET.
Whereupon, Senators RITCHIE, KNOTTS and FORD were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
S. 477 (Word version) -- Senators Ritchie, Ford, Leventis and Richardson: A BILL TO ENACT THE "DOMESTIC VIOLENCE PREVENTION ACT OF 2003"; TO AMEND SECTION 16-1-60, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AS A VIOLENT CRIME; TO AMEND ARTICLE 1, CHAPTER 25 OF TITLE 16, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES, SO AS TO REDEFINE "HOUSEHOLD MEMBER"; TO DELETE FINES AS A PENALTY FOR THESE CRIMINAL DOMESTIC VIOLENCE OFFENSES AND TO AUTHORIZE SUSPENSION OF THE SENTENCE IMPOSED, EXCEPT MANDATORY MINIMUM SENTENCES WHERE APPLICABLE; TO REDEFINE CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE; TO PROVIDE THAT A LAW ENFORCEMENT AGENCY MUST INVESTIGATE AN ALLEGATION OF CRIMINAL DOMESTIC VIOLENCE EVEN IF THE AGENCY WAS NOT NOTIFIED AT THE TIME OF THE VIOLATION; TO AMEND SECTION 17-22-50, RELATING TO PRETRIAL INTERVENTION, SO AS TO PROVIDE THAT A PERSON MUST NOT BE CONSIDERED FOR INTERVENTION IF HE HAS BEEN CHARGED WITH AN OFFENSE CONTAINED IN CHAPTER 25 OF TITLE 16; AND TO AMEND SECTION 56-7-15, RELATING TO UNIFORM TRAFFIC TICKETS, SO AS TO REQUIRE THAT AN OFFICER WHO EFFECTS AN ARREST, BY USE OF A UNIFORM TRAFFIC TICKET, FOR A VIOLATION OF CHAPTER 25 OF TITLE 16, MUST SUBSEQUENTLY COMPLETE AND FILE AN INCIDENT REPORT WITHIN FIFTEEN DAYS OF THE ISSUANCE OF THE TICKET.
On motion of Senator RITCHIE, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator RITCHIE spoke on the report.
On motion of Senator RITCHIE, the Report of the Committee of Conference to S. 477 was adopted as follows:
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 477 (Word version) -- Senators Ritchie, Ford, Leventis and Richardson: A BILL TO ENACT THE "DOMESTIC VIOLENCE PREVENTION ACT OF 2003"; TO AMEND SECTION 16-1-60, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AS A VIOLENT CRIME; TO AMEND ARTICLE 1, CHAPTER 25 OF TITLE 16, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES, SO AS TO REDEFINE "HOUSEHOLD MEMBER"; TO DELETE FINES AS A PENALTY FOR THESE CRIMINAL DOMESTIC VIOLENCE OFFENSES AND TO AUTHORIZE SUSPENSION OF THE SENTENCE IMPOSED, EXCEPT MANDATORY MINIMUM SENTENCES WHERE APPLICABLE; TO REDEFINE CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE; TO PROVIDE THAT A LAW ENFORCEMENT AGENCY MUST INVESTIGATE AN ALLEGATION OF CRIMINAL DOMESTIC VIOLENCE EVEN IF THE AGENCY WAS NOT NOTIFIED AT THE TIME OF THE VIOLATION; TO AMEND SECTION 17-22-50, RELATING TO PRETRIAL INTERVENTION, SO AS TO PROVIDE THAT A PERSON MUST NOT BE CONSIDERED FOR INTERVENTION IF HE HAS BEEN CHARGED WITH AN OFFENSE CONTAINED IN CHAPTER 25 OF TITLE 16; AND TO AMEND SECTION 56-7-15, RELATING TO UNIFORM TRAFFIC TICKETS, SO AS TO REQUIRE THAT AN OFFICER WHO EFFECTS AN ARREST, BY USE OF A UNIFORM TRAFFIC TICKET, FOR A VIOLATION OF CHAPTER 25 OF TITLE 16, MUST SUBSEQUENTLY COMPLETE AND FILE AN INCIDENT REPORT WITHIN FIFTEEN DAYS OF THE ISSUANCE OF THE TICKET.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer's Version.)
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. This act may be cited as the "Domestic Violence Prevention Act of 2003".
SECTION 2. Section 16-1-60 of the 1976 Code, as last amended by Act 176 of 2002, is further amended to read:
"Section 16-1-60. For purposes of definition under South Carolina law, a violent crime includes the offenses of: murder (Section 16-3-10); criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first and second degree (Section 16-3-655); assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); kidnapping (Section 16-3-910); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); carjacking (Section 16-3-1075); drug trafficking, as defined in Sections 44-53-370(e) and 44-53-375(C); arson in the first degree (Section 16-11-110(A)); arson in the second degree (Section 16-11-110(B)); burglary in the first degree (Section 16-11-311); burglary in the second degree (Section 16-11-312(B)); engaging a child for a sexual performance (Section 16-3-810); homicide by child abuse (Section 16-3-85(A)(1)); aiding and abetting homicide by child abuse (Section 16-3-85(A)(2)); inflicting great bodily injury upon a child (Section 16-3-95(A)); allowing great bodily injury to be inflicted upon a child (Section 16-3-95(B)); criminal domestic violence of a high and aggravated nature (Section 16-25-65); abuse or neglect of a vulnerable adult resulting in death (Section 43-35-85(F)); abuse or neglect of a vulnerable adult resulting in great bodily injury (Section 43-35-85(E)); accessory before the fact to commit any of the above offenses (Section 16-1-40); attempt to commit any of the above offenses (Section 16-1-80); and taking of a hostage by an inmate (Section 24-13-450). Only those offenses specifically enumerated in this section are considered violent offenses."
SECTION 3. Article 1, Chapter 25 of Title 16 of the 1976 Code is amended to read:
Section 16-25-10. Section 16-25-10. As used in this article, 'household member' means spouses, former spouses, parents and children, persons related by consanguinity or affinity within the second degree, persons who have a child in common, and a male and female who are cohabiting or formerly have cohabited.
Section 16-25-20. (A) It is unlawful to:
(1) cause physical harm or injury to a person's own household member,; or
(2) offer or attempt to cause physical harm or injury to a person's own household member with apparent present ability under circumstances reasonably creating fear of imminent peril.
(B) Except as otherwise provided in this section, a person who violates subsection (A) is guilty of the misdemeanor of criminal domestic violence and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days. The court may suspend the imposition or execution of all or part of the sentence conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers.
(C) A person who violates subsection (A) and who has been convicted of a violation of that subsection or of Section 16-25-65 within the previous ten years is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars and imprisoned not more than thirty days. The court may suspend the imposition or execution of all or part of the sentence conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers.
(D) A person who violates subsection (A) after previously having been convicted of two violations of subsection (A) within the previous ten years or two violations of Section 16-25-65 within the previous ten years or a violation of subsection (A) and a violation of Section 16-25-65 within the previous ten years is guilty of a misdemeanor and, upon conviction, must be imprisoned not less than ninety days but not more than three years. The court may suspend the imposition or execution of all or part of the sentence, except the mandatory ninety-day minimum sentence, and place the offender on probation conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers.
(E) A person who violates the terms and conditions of an order of protection issued in this State under Chapter 4, Title 20, the 'Protection from Domestic Abuse Act', or a valid protection order related to domestic or family violence issued by a court of another state, tribe, or territory is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than thirty days and fined not more than five hundred dollars. The court may suspend the imposition or execution of all or part of the sentence conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers.
A person convicted of a violation of subsection (A) and this subsection must not be sentenced under both sections for the same offense. A person convicted of a violation of Section 16-25-65 and this subsection for the same offense must be imprisoned for not more than ten years as provided for in Section 16-25-65.
(F) Unless the complaint is voluntarily dismissed or the charge is dropped prior to the scheduled trial date, a person charged with a violation provided in this chapter must appear before a judge for disposition of the case.
(G) When a person is convicted of a violation of Section 16-25-65 or sentenced pursuant to subsection (D), the court may suspend execution of all or part of the sentence, except for the mandatory minimum sentence, and place the offender on probation, conditioned upon:
(1) the offender completing, to the satisfaction of the court, a program designed to treat batterers;
(2) fulfillment of all the obligations arising under court order pursuant to this section and this Section 16-25-65; and
(3) other reasonable terms and conditions of probation as the court may determine necessary to ensure the protection of the victim.
(H) In determining whether or not to suspend the imposition or execution of all or part of a sentence as provided in this section, the court must consider the nature and severity of the offense, the number of times the offender has repeated the offense, and the best interests and safety of the victim.
An offender who participates in a batterer treatment program pursuant to this section, must participate in a program offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender must pay a reasonable fee for participation in the treatment program but no person may be denied treatment due to inability to pay. If the offender suffers from a substance abuse problem, the judge may order, or the batterer treatment program may refer, the offender to supplemental treatment coordinated through the Department of Alcohol and Other Drug Abuse Services with the local alcohol and drug treatment authorities pursuant to Section 61-12-20. The offender must pay a reasonable fee for participation in the substance abuse treatment program, but no person may be denied treatment due to inability to pay.
Section 16-25-30.   Any person who violates Section 16-25-20 is guilty of the misdemeanor of criminal domestic violence and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.
Section 16-25-40. Any person who violates Section 16-25-20 after having previously been convicted of two violations of Section 16-25-20 or two violations of Section 16-25-65 or a violation of Section 16-25-20 and a violation of Section 16-25-65 is guilty of a misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned not more than three years, or both.
Section 16-25-50. A person violating the terms and conditions of an order of protection issued in this State under Chapter 4, Title 20, the "Protection from Domestic Abuse Act", or a valid protection order related to domestic or family violence issued by a court of another state, tribe, or territory is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than thirty days or fined not more than five hundred dollars. A person found guilty of a violation of Section 16-25-20 and this section may not be sentenced under both sections for the same offense.
Section 16-25-60. (A) Unless the complaint is voluntarily dismissed or the charge is dropped prior to the scheduled trial date, a person charged with a violation provided in this chapter shall appear before a judge for disposition of the case.
(B) When a person is convicted of a violation of Section 16-25-20 or 16-25-50, the court may suspend the imposition or execution of all or part of the sentence conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat battering spouses where available or in other appropriate psychiatric or therapeutic treatment or counseling.
(C) When a person is convicted of a violation of Section 16-25-40 or 16-25-65, the court may suspend execution of all or part of the sentence and place the offender on probation, conditioned upon:
(1) the offender completing, to the satisfaction of the court, a program designed to treat battering spouses where available or in other appropriate psychiatric or therapeutic treatment or counseling;
(2) fulfillment of all the obligations arising under court order pursuant to Section 20-4-60 and this section;
(3) other reasonable terms and conditions of probation as the court may determine necessary to ensure the protection of the victim.
(D) In determining whether or not to suspend the imposition or execution of all or part of a sentence as provided in this section, the court must consider the nature and severity of the offense, the number of times the offender has repeated the offense, and the best interests and safety of the victim. A court may require an offender to pay for participation in a program or treatment or counseling as an appropriate term or condition for suspending the imposition or execution of all or part of a sentence.
Section 16-25-65. (A) The elements of the common law crime of assault and battery of a high and aggravated nature are incorporated in and made a part of the offense of criminal domestic violence of a high and aggravated nature when a person violates the provisions of Section 16-25-20 and the elements of assault and battery of a high and aggravated nature are present. A person who violates Section 16-25-20(A) is guilty of the offense of criminal domestic violence of a high and aggravated nature when one of the following occurs:
(1) the person intentionally commits an assault and battery which involves the use of a deadly weapon or results in serious bodily injury to the victim; or
(2) the person intentionally commits an assault, with or without an accompanying battery, which would reasonably cause a person to fear imminent serious bodily injury or death.
(B) A person who commits the crime of criminal domestic violence of a high and aggravated nature violates subsection (A) is guilty of a misdemeanor felony and, upon conviction, must be fined not more than three thousand dollars or imprisoned not more than ten years, or both. The court may suspend the imposition or execution of all or part of the sentence, and place the offender on probation conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender must pay a reasonable fee for participation in the treatment program, but no person may be denied treatment due to inability to pay. If the offender suffers from a substance abuse problem, the judge may order, or the batterer treatment program may refer, the offender to supplemental treatment coordinated through the Department of Alcohol and Other Drug Abuse Services with the local alcohol and drug treatment authorities pursuant to Section 61-12-20. The offender must pay a reasonable fee for participation in the substance abuse treatment program, but no person may be denied treatment due to inability to pay.
(C) The provisions of this section subsection (A) create a statutory offense of criminal domestic violence of a high and aggravated nature and must not be construed to codify the common law crime of assault and battery of a high and aggravated nature.
Section 16-25-70. (A) A law enforcement officer may arrest, with or without a warrant, a person at the person's place of residence or elsewhere if the officer has probable cause to believe that the person is committing or has freshly committed a misdemeanor or felony under the provisions of Section 16-25-20, 16-25-50 16-25-20(A) or (E), or 16-25-65 even if the act did not take place in the presence of the officer. The officer may, if necessary, verify the existence of an order of protection by telephone or radio communication with the appropriate law enforcement agency. A law enforcement agency must complete an investigation of an alleged violation of this chapter even if the law enforcement agency was not notified at the time the alleged violation occurred. If an arrest warrant is sought, the law enforcement agency must present the results of the investigation and any other relevant evidence to a magistrate who may issue an arrest warrant if probable cause is established.
(B) A law enforcement officer must arrest, with or without a warrant, a person at the person's place of residence or elsewhere if physical manifestations of injury to the alleged victim are present and the officer has probable cause to believe that the person is committing or has freshly committed a misdemeanor or felony under the provisions of Section 16-25-20, 16-25-50 16-25-30(A) or (E), or 16-25-65 even if the act did not take place in the presence of the officer. A law enforcement officer is not required to make an arrest if he determines probable cause does not exist after consideration of the factors set forth in subsection (D) and observance that no physical manifestation of injury is present. The officer may, if necessary, verify the existence of an order of protection by telephone or radio communication with the appropriate law enforcement agency.
(C) In effecting a warrantless arrest under this section, a law enforcement officer may enter the residence of the person to be arrested in order to effect the arrest where the officer has probable cause to believe that the action is reasonably necessary to prevent physical harm or danger to a family or household member.
(D) If a law enforcement officer receives conflicting complaints of domestic or family violence from two or more household members involving an incident of domestic or family violence, the officer must evaluate each complaint separately to determine who was the primary aggressor. If the officer determines that one person was the primary physical aggressor, the officer must not arrest the other person accused of having committed domestic or family violence. In determining whether a person is the primary aggressor, the officer must consider the following factors and any other factors he considers relevant:
(1) prior complaints of domestic or family violence;
(2) the relative severity of the injuries inflicted on each person taking into account injuries alleged which may not be easily visible at the time of the investigation;
(3) the likelihood of future injury to each person;
(4) whether one of the persons acted in self-defense; and
(5) household member accounts regarding the history of domestic violence.
(E) A law enforcement officer must not threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage a party's requests for intervention by law enforcement.
(F) A law enforcement officer who arrests two or more persons for a crime involving domestic or family violence must include the grounds for arresting both parties in the written incident report, and must include a statement in the report that the officer attempted to determine which party was the primary aggressor pursuant to this section and was unable to make a determination based upon the evidence available at the time of the arrest.
(G) When two or more household members are charged with a crime involving domestic or family violence arising from the same incident and the court finds that one party was the primary aggressor pursuant to this section, the court, if appropriate, may dismiss charges against the other party or parties.
(H) Evidence discovered as a result of a warrantless search administered pursuant to a complaint filed under this article is admissible in a court of law:
(1) if it is found:
(a) in plain view of a law enforcement officer in a room in which the officer is interviewing, detaining, or pursuing a suspect; or
(b) pursuant to a search incident to a lawful arrest for a violation of this article or for a violation of Chapter 3, Title 16; or
(2) if it is evidence of a violation of this article.
An officer may arrest and file criminal charges against a suspect for any offense that arises from evidence discovered pursuant to this section.
Unless otherwise provided for in this section, no evidence of a crime found as a result of a warrantless search administered pursuant to a complaint filed under this article is admissible in any court of law.
(I) In addition to the protections granted to the law enforcement officer and law enforcement agency under the South Carolina Tort Claims Act, a law enforcement officer is not liable for an act, omission, or exercise of discretion under this section unless the act, omission, or exercise of discretion constitutes gross negligence, recklessness, wilfulness, or wantonness.
Section 16-24-80. Nothing in this article affects or limits the powers of any court to enforce its own orders by civil or criminal contempt or the powers of the police to make other lawful arrests.
Nothing in this article may be construed to repeal, replace, or preclude application of any other provisions of law pertaining to assault, assault and battery, assault and battery of a high and aggravated nature, or other criminal offenses.
Section 16-25-90. Notwithstanding any provision of Chapters 13 and 21 of Title 24, and notwithstanding any other provision of law, an inmate who was convicted of, or pled guilty or nolo contendere to, an offense against a household member shall be is eligible for parole after serving one-fourth of his prison term when the inmate at the time he pled guilty to, nolo contendere to, or was convicted of an offense against the household member, or in post-conviction proceedings pertaining to the plea or conviction, presented credible evidence of a history of criminal domestic violence, as provided in Section 16-25-20, suffered at the hands of the household member. This section shall not affect the provisions of Section 17-27-45."
SECTION 4. Section 17-22-50 of the 1976 Code is amended to read:
"Section 17-22-50. (A) A person may must not be considered for intervention if:
(1) he has previously has been accepted into an intervention program nor may intervention be considered for those individuals; or
(2) the person is charged with:
(a) blackmail,;
(b) driving under the influence of intoxicating liquor or drugs,;
(c) any a traffic-related offense which is punishable only by fine or loss of points,; or
(d) any a fish, game, wildlife, or commercial fishery-related offense which is punishable by a loss of eighteen points as provided in Section 50-9-1020,; or
(e) any a crime of violence as defined in Section 16-1-60; or
(f) an offense contained in Chapter 25 of Title 16 if the offender has been convicted previously of a violation of that chapter or a similar offense in another jurisdiction.
(B) However, this section does not apply if the solicitor determines the elements of the crime do not fit the charge."
SECTION 5. Section 56-7-15 of the 1976 Code is amended to read:
"Section 56-7-15. (A) The uniform traffic ticket, established under the provisions of Section 56-7-10, may be used by law enforcement officers to arrest a person for an offense committed in the presence of a law enforcement officer if the punishment is within the jurisdiction of magistrate's magistrate's court and municipal court. A law enforcement agency processing an arrest made pursuant to this section must furnish such information to the State Law Enforcement Division as required in Chapter 3 of Title 23.
(B) An officer who effects an arrest, by use of a uniform traffic ticket, for a violation of Chapter 25 of Title 16, must subsequently complete and file an incident report within fifteen days of the issuance of the ticket."
SECTION 6. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 7. Section 22-5-910 of the 1976 Code, as last amended by Act 37 of 1997, is further amended to read:
"Section 22-5-910. Following a first offense conviction in a magistrate's court or a municipal court, the defendant after three years from the date of the conviction may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction. However, this section does not apply to an offense involving the operation of a motor vehicle, to a violation of Title 50 or the regulations promulgated under it for which points are assessed, suspension provided for, or enhanced penalties for subsequent offenses authorized, or to an offense contained in Chapter 25 of Title 16, except first offense criminal domestic violence as contained in Section 16-25-20. If the defendant has had no other conviction during the three-year period following the first offense conviction in a magistrate's court or a municipal court, the circuit court may issue an order expunging the records. No person may have his records expunged under this section more than once. A person may have his record expunged even though the conviction occurred prior to June 1, 1992.
After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of the expungement to ensure that no person takes advantage of the rights of this section more than once. This nonpublic record is not subject to release under Section 34-11-95, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need to know this information in order to prevent the rights afforded by this section from being taken advantage of more than once.
As used in this section, 'conviction' includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail."
SECTION 8. Chapter 1, Title 1 of the 1976 Code is amended by adding:
Section 1-1-1410. Every state agency, based upon guidelines developed by the Office of Human Resources, State Budget and Control Board, shall develop and implement an agency workplace domestic violence policy which must include, but is not limited to, a zero tolerance policy statement regarding acts or threats of domestic violence in the workplace and safety and security procedures."
SECTION 9. A. The 1976 Code is amended by adding:
"Section 59-1-475. (A) The Department of Education and the South Carolina Coalition Against Domestic Violence and Sexual Assault, with the review and approval of Department of Social Services, shall develop guidelines and materials for continuing education concerning domestic and family violence including, but not limited to:
(1) the nature, extent, and causes of domestic and family violence;
(2) issues of domestic and family violence concerning children;
(3) prevention of the use of violence by children;
(4) sensitivity to gender bias and cultural, racial, and sexual issues;
(5) the lethality of domestic and family violence;
(6) legal issues relating to domestic violence and child custody.
(B) Each school district shall adopt a curriculum for continuing education on domestic and family violence for teachers and appropriate staff based on the guidelines and materials developed by the department pursuant to subsection (A) which must be submitted to the department for approval. No expense shall be incurred by the school districts to administer the implementation of this curriculum."
SECTION 10. Section 59-20-40(1)(c)(9) of the 1976 Code amended to read:
"(9) Homebound pupils 2.10
a. pupils who are homebound
b. pupils who reside in emergency shelters"
SECTION 11. Section 59-63-31(A) of the 1976 Code, as amended by Act 104 of 1999, is further amended to read:
"(A) Children within the ages prescribed in Section 59-63-20 also are entitled to attend the public schools of a school district, without charge, if:
(1) the child resides with one of the following who is a resident of the school district:
(a) a person who is not the child's parent or legal guardian to whom the child's custody has been awarded by a court of competent jurisdiction;
(b) a foster parent or in a residential community-based care facility licensed by the Department of Social Services or operated by the Department of Social Services or the Department of Juvenile Justice; or
(c) the child resides with an adult resident of the school district as a result of:
(i) the death, serious illness, or incarceration of a parent or legal guardian;
(ii) the relinquishment by a parent or legal guardian of the complete control of the child as evidenced by the failure to provide substantial financial support and parental guidance;
(iii) abuse or neglect by a parent or legal guardian;
(iv) the physical or mental condition of a parent or legal guardian is such that he or she cannot provide adequate care and supervision of the child; or
(v) a parent's or legal guardian's homelessness, as that term is defined by Public Law 100-77;
(2) the child is emancipated and resides in the school district; or
(3) the child is homeless or is a child of a homeless individual, as defined in Public Law 100-77, as amended.; or
(4) the child resides in an emergency shelter located in the district.
In addition to the above requirements of this subsection, the child shall also satisfy the requirements of Section 59-63-30(d) and (e)."
SECTION 12. A. Section 20-4-20(b) of the 1976 Code, as last amended by Act 519 of 1994, is further amended to read:
"(b) 'Household member' means spouses, former spouses, parents and children, persons related by consanguinity or affinity within the second degree, persons who have a child in common, and a male and female who are cohabiting or formerly have cohabited."
SECTION 13. Chapter 1, Title 43 of the 1976 Code is amended by adding:
"Section 43-1-260. (A) The Department of Social Services shall facilitate the development of community domestic violence coordinating councils in each county or multi-county area based upon public-private sector collaboration.
(B) The purpose of a domestic violence coordinating council is to:
(1) increase the awareness and understanding of domestic violence and its consequences;
(2) reduce the incidence of domestic violence in the county or area served;
(3) enhance and ensure the safety of battered women and their children.
(C) The duties and responsibilities of a domestic violence coordinating council include, but are not limited to:
(1) promoting effective strategies of intervention for identifying the existence of domestic violence and for intervention by public and private agencies;
(2) establishing interdisciplinary and interagency protocols for intervention with survivors of domestic violence;
(3) facilitating communication and cooperation among agencies and organizations that are responsible for addressing domestic violence;
(4) monitoring, evaluating, and improving the quality and effectiveness of domestic violence services and protections in the community;
(5) providing public education and prevention activities;
(6) providing professional training and continuing education activities.
(D) Membership on a domestic violence coordinating council may include, but is not limited to, representatives from magistrates court, family court, law enforcement, solicitor's office, probation and parole, batterer intervention programs or services, nonprofit battered women's program advocates, counseling services for children, legal services, victim assistance programs, the medical profession, substance abuse counseling programs, the clergy, survivors of domestic violence, and the education community.
(E) Each coordinating council is responsible for generating revenue for its operation and administration."
SECTION 14. Subarticle 11, Article 13, Chapter 7, Title 20 of the 1976 Code is amended by adding:
"Section 20-7-3080. The Department of Social Services in conjunction with existing training regulations shall make available to childcare owners and operators staff training on domestic violence including, but not limited to:
(1) the nature, extent, and causes of domestic and family violence;
(2) issues of domestic and family violence concerning children;
(3) prevention of the use of violence by children;
(4) sensitivity to gender bias and cultural, racial, and sexual issues;
(5) the lethality of domestic and family violence;
(6) legal issues relating to domestic violence and child custody."
SECTION 15. This act takes effect January 1, 2004, and applies to all offenses occurring on or after that date. /
Amend title to conform.
/s/Robert Ford /s/James Howle "Jay" Lucas /s/James H. Ritchie, Jr. /s/Creighton B. Coleman /s/John Milton Knotts, Jr. /s/George Murrell Smith, Jr. On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
Columbia, S.C., June 5, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:
S. 477 (Word version) -- Senators Ritchie, Ford, Leventis and Richardson: A BILL TO ENACT THE "DOMESTIC VIOLENCE PREVENTION ACT OF 2003"; TO AMEND SECTION 16-1-60, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AS A VIOLENT CRIME; TO AMEND ARTICLE 1, CHAPTER 25 OF TITLE 16, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES, SO AS TO REDEFINE "HOUSEHOLD MEMBER"; TO DELETE FINES AS A PENALTY FOR THESE CRIMINAL DOMESTIC VIOLENCE OFFENSES AND TO AUTHORIZE SUSPENSION OF THE SENTENCE IMPOSED, EXCEPT MANDATORY MINIMUM SENTENCES WHERE APPLICABLE; TO REDEFINE CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE; TO PROVIDE THAT A LAW ENFORCEMENT AGENCY MUST INVESTIGATE AN ALLEGATION OF CRIMINAL DOMESTIC VIOLENCE EVEN IF THE AGENCY WAS NOT NOTIFIED AT THE TIME OF THE VIOLATION; TO AMEND SECTION 17-22-50, RELATING TO PRETRIAL INTERVENTION, SO AS TO PROVIDE THAT A PERSON MUST NOT BE CONSIDERED FOR INTERVENTION IF HE HAS BEEN CHARGED WITH AN OFFENSE CONTAINED IN CHAPTER 25 OF TITLE 16; AND TO AMEND SECTION 56-7-15, RELATING TO UNIFORM TRAFFIC TICKETS, SO AS TO REQUIRE THAT AN OFFICER WHO EFFECTS AN ARREST, BY USE OF A UNIFORM TRAFFIC TICKET, FOR A VIOLATION OF CHAPTER 25 OF TITLE 16, MUST SUBSEQUENTLY COMPLETE AND FILE AN INCIDENT REPORT WITHIN FIFTEEN DAYS OF THE ISSUANCE OF THE TICKET.
Very respectfully,
Speaker of the House
Received as information.
The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
A message was sent to the House accordingly.
H. 4268 (Word version) -- Rep. Duncan: A BILL TO PROVIDE THAT A CERTAIN PORTION OF THE ROADSIDE OF INTERSTATE HIGHWAY 26 IN LAURENS COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.
The House returned the Bill with amendments.
On motion of Senator VERDIN, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
Columbia, S.C., June 5, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 4268 (Word version) -- Rep. Duncan: A BILL TO PROVIDE THAT A CERTAIN PORTION OF THE ROADSIDE OF INTERSTATE HIGHWAY 26 IN LAURENS COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.
asks for a Committee of Conference, and has appointed Reps. Martin, Duncan and Lourie to the committee on the part of the House.
Very respectfully,
Speaker of the House
Received as information.
H. 4268 (Word version) -- Rep. Duncan: A BILL TO PROVIDE THAT A CERTAIN PORTION OF THE ROADSIDE OF INTERSTATE HIGHWAY 26 IN LAURENS COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.
Whereupon, Senators RAVENEL, ANDERSON and VERDIN were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
H. 3986 (Word version) -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-21-4007 AND 12-21-4009 SO AS TO ADD SPECIFICATIONS FOR A SITE SYSTEM AND ELECTRONIC BINGO DABBER AND PROVIDE FOR THE LIMITED USE OF AN ELECTRONIC OR MECHANICAL DEVICE DESIGNED FOR A BINGO GAME; TO AMEND SECTION 12-21-3920, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH PLAYING BINGO, SO AS TO CHANGE THE DEFINITION OF "CARD" TO COMPLY WITH PROVISIONS WHEN AN ELECTRONIC DABBER IS USED; TO AMEND SECTION 12-21-3990, AS AMENDED, RELATING TO THE MANNER OF PLAYING BINGO, SO AS TO CHANGE THE TIME THE AMOUNT OF THE PRIZE MUST BE ANNOUNCED AND THE AMOUNT OF THE PRIZE; TO AMEND SECTION 12-21-4000, AS AMENDED, RELATING TO BINGO PROCEDURES AND THE VARIOUS CLASSES OF A BINGO LICENSE, SO AS TO CLARIFY ON WHICH BASIS THE AMOUNT OF THE PRIZE IS CALCULATED AND PROVIDE FOR THE REGULATION OF PROMOTIONS CONDUCTED DURING A BINGO SESSION; AND TO AMEND SECTIONS 12-21-4020 AND 12-21-4120, BOTH AS AMENDED, RELATING TO THE RIGHT TO A CONFERENCE FOLLOWING A VIOLATION, SO AS TO REQUIRE THE DEPARTMENT OF REVENUE TO RESPOND IN WRITING AND SPECIFY WHAT INFORMATION MUST BE INCLUDED IN THE RESPONSE.
Senator McGILL asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.
Senator HAYES explained the Bill.
Senator MOORE proposed the following Amendment No. P-1 (3986TLM01A), which was tabled:
Amend the committee amendment, as and if amended, page 3986-7, before line 1, by adding the following new sections to be appropriately numbered to read:
/ SECTION __ Section 12-37-250 of the 1976 Code is amended to read:
"Section 12-37-250. The first fifty-five thousand dollars of the fair market value of the dwelling place of a person is exempt from county, municipal, school, and special assessment real estate property taxes when the person has been a resident of this State for at least one year and has reached the age of sixty-five years on or before December thirty-first, the person has been classified as totally and permanently disabled by a state or federal agency having the function of classifying persons, or the person is legally blind as defined in Section 43-25-20, preceding the tax year in which the exemption is claimed and holds complete fee simple title or a life estate to the dwelling place. A person claiming to be totally and permanently disabled, but who has not been classified by one of the agencies, may apply to the State Agency of Vocational Rehabilitation. The agency shall make an evaluation of the person using its own standards. The exemption includes the dwelling place when jointly owned in complete fee simple or life estate by husband and wife, and either has reached sixty-five years of age, or is totally and permanently disabled, or legally blind under this section, before January first of the tax year in which the exemption is claimed, and either has been a resident of the State for one year. The exemption must not be granted for the tax year in which it is claimed unless the person or his agent makes written application for the exemption before July sixteenth of that tax year. If the person or his agent makes written application for the exemption after July fifteenth, the exemption must not be granted except for the succeeding tax year for a person qualifying under this section when the application is made. However, if application is made after July fifteenth of that tax year but before the first penalty date on property taxes for that tax year by a person qualifying under this section when the application is made, the taxes due for that tax year must be reduced to reflect the exemption provided in this section. The application for the exemption must be made to the auditor of the county and to the governing body of the municipality in which the dwelling place is located upon forms provided by the county and municipality and approved by the Comptroller General, and a failure to apply constitutes a waiver of the exemption for that year. The auditor, as directed by the Comptroller General, shall notify the municipality of all applications for a homestead exemption within the municipality and the information necessary to calculate the amount of the exemption. 'Dwelling place' means the permanent home and legal residence of the applicant.
When any person would be entitled to a homestead tax exemption under this section except that he does not own the real property on which his dwelling place is located and his dwelling place is a mobile home owned by him located on property leased from another, such mobile home shall be exempt from personal property taxes to the same extent and obtained in accordance with the same procedures as is provided for in this section for an exemption from real property taxes; provided, however, that no person shall receive such an exemption from both real and personal property taxes in the same year.
When a dwelling house and legal residence is located on leased or rented property and such dwelling house is owned and occupied by the owner even though at the end of the lease period the lessor becomes owner of the residence, the owner lessee shall qualify for and be entitled to a homestead exemption in the same manner as though he owned a fee simple or life estate interest in the leased property on which his dwelling house is located.
When any person who was entitled to a homestead tax exemption under this section dies or any person who was not sixty-five years of age or older, blind, or disabled on or before December thirty-first preceding the application period, but was at least sixty-five years of age, blind, or disabled at the time of his death and was otherwise entitled dies and the surviving spouse is at least fifty years of age and acquires complete fee simple title or a life estate to the dwelling place within nine months after the death of the spouse, the dwelling place is exempt from real property taxes to the same extent and obtained in accordance with the same procedures as are provided for in this section for an exemption from real property taxes so long as the spouse remains unmarried and the dwelling place is utilized as the permanent home and legal residence of the spouse. A surviving spouse who disposes of the dwelling place and acquires another residence in this State for use as a dwelling place may apply for and receive the exemption on the newly acquired dwelling place. The spouse shall inform the county auditor of the change in address of the dwelling place.
The term "permanently and totally disabled" as used herein shall mean the inability to perform substantial gainful employment by reason of a medically determinable impairment, either physical or mental, which has lasted or is expected to last for a continuous period of twelve months or more or result in death.
The Comptroller General shall reimburse the state agency of Vocational Rehabilitation for the actual expenses incurred in making decisions relative to disability from funds appropriated for homestead reimbursement.
The Comptroller General shall promulgate such rules and regulations as may be necessary to carry out the provisions herein.
Nothing herein shall be construed as an intent to cause the reassessment of any person's property.
The provisions of this section apply to life estates created by will and also to life estates otherwise created.
The homestead tax exemption must be granted in the amount in this paragraph to those persons who own a dwelling in part in fee or in part for life when the persons satisfy the other conditions of the exemption. The amount of the exemption must be determined by multiplying the percentage of the fee or life estate owned by the person by the full exemption. For purposes of the calculation required by this paragraph, a percentage of ownership less than five percent is considered to be five percent. The exemption may not exceed the value of the interest owned by the person."
SECTION __ Section 12-6-510 of the 1976 Code is amended to read:
"Section 12-6-510. (A) For taxable years beginning after 19942002:
(1) for returns filed and reporting taxable income equal to or less than fifteen thousand dollars, no tax shall be due; and
(2) for returns filed and reporting taxable income in excess of fifteen thousand dollars, a tax equal to seven percent of the taxable income is imposed on the South Carolina taxable income reported of individuals, estates, and trusts and any other entity except those taxed or exempted from taxation under Sections 12-6-530 through 12-6-550 computed at the following rates with the income brackets indexed in accordance with Section 12-6-520:
Not over $2,220 2.5 percent of taxable income
Over $2,220 but $56 plus 3 percent of
not over $4,440 he excess over $2,220;
Over $4,440 but $123 plus 4 percent of
not over $6,660 the excess over $4,440;
Over $6,660 but $212 plus 5 percent of
not over $8,880 the excess of $6,660;
Over $8,880 but $323 plus 6 percent of
not over $11,100 the excess over $8,880;
Over $11,100 $456 plus 7 percent of
the excess over $11,100.
(B) The department may prescribe tax tables consistent with the rates set pursuant to subsection (A)."
SECTION __. Section 12-36-910 (A) of the 1976 Code is amended to read:
"Section 12-36-910 (A) (1) On and before June 30, 2003 A a user fee on sales tax, equal to five percent of the gross proceeds of sales, is imposed upon every person engaged or continuing within this State in the business of selling tangible personal property at retail.
(2) Except for food items eligible for purchase with United States Department of Agriculture food coupons, on and after July 1, 2003 a user fee on sales, equal to six percent of the gross proceeds of sales, is imposed upon every person engaged or continuing within this State in the business of selling tangible personal property at retail."
SECTION __. Section 12-36-920 of the 1976 Code is amended to read:
"Section 12-36-920 (A) On and before June 30, 2003 (1) Auser fee on sales tax equal to seven percent is imposed on the gross proceeds derived from the rental or charges for any rooms, campground spaces, lodgings, or sleeping accommodations furnished to transients by any hotel, inn, tourist court, tourist camp, motel, campground, residence, or any place in which rooms, lodgings, or sleeping accommodations are furnished to transients for a consideration. This user fee tax does not apply where the facilities consist of less than six sleeping rooms, contained on the same premises, which is used as the individuals place of abode. The gross proceeds derived from the lease or rental of sleeping accommodations supplied to the same person for a period of ninety continuous days are not considered proceeds from transients. The user fee tax imposed by this subsection (A) does not apply to additional guest charges as defined in subsection (B) (2).
(B)(2) A user fee on sales tax of five percent is imposed on additional guest charges at any place where rooms, lodgings, or accommodations are furnished to transients for a consideration, unless otherwise taxed under this chapter. The term additional guest charges includes, but is not limited to:
(1)(a) room service;
(2)(b) amenities;
(3)(c) entertainment;
(4)(d) special items in promotional tourist packages;
(5)(e) laundering and dry cleaning services;
(6)(f) in-room movies;
(7)(g) telephone charges;
(8)(h) rentals of meeting rooms; and
(9)(i) other guest services.
(B) On and after July 1, 2003 (1) A user fee on sales equal to eight percent is imposed on the gross proceeds derived from the rental or charges for any rooms, campground spaces, lodgings, or sleeping accommodations furnished to transients by any hotel, inn, tourist court, tourist camp, motel, campground, residence, or any place in which rooms, lodgings, or sleeping accommodations are furnished to transients for a consideration. This user fee does not apply where the facilities consist of less than six sleeping rooms, contained on the same premises, which is used as the individuals place of abode. The gross proceeds derived from the lease or rental of sleeping accommodations supplied to the same person for a period of ninety continuous days are not considered proceeds from transients. The use fee imposed by this subsection (B) does not apply to additional guest charges as defined in subsection (2).
(2) A user fee on sales of six percent is imposed on additional guest charges at any place where rooms, lodgings, or accommodations are furnished to transients for a consideration, unless otherwise taxed under this chapter. The term additional guest charges includes, but is not limited to:
(a) room service;
(b) amenities;
(c) entertainment;
(d) special items in promotional tourist packages;
(e) laundering and dry cleaning services;
(f) in-room movies;
(g) telephone charges;
(h) rentals of meeting rooms; and
(i) other guest services.
(C) Real estate agents, brokers, corporations, or listing services required to remit user fees taxes under this section shall notify the department if rental property, previously listed by them, is dropped from their listings.
(D) When any business is subject to the user fee on sales tax on accommodations and the business has more than one place of business in the State, the licensee shall report separately in his user fee on sales tax return the total gross proceeds derived from business done within and without the corporate limits of municipalities. A taxpayer who owns or manages rental units in more than one county or municipality shall report separately in his user fee on sales tax return the total gross proceeds from business done in each county or municipality.
(E) The user fees on sales taxes imposed by this section are imposed on every person engaged or continuing within this State in the business of furnishing accommodations to transients for consideration."
SECTION __. Section 12-36-940.(A) of the 1976 Code is amended to read:
"(A) Each retailer may add to the sales price as a result of the fivesix percent state user fee on sales tax:
(1) no amount on sales of ten cents or less;
(2) one cent on sales of eleven through twenty-five cents;
(3) two cents on sales of twenty-onesix through forty cents;
(4) three cents on sales of forty-one through sixtyfifty-five cents;
(5) four cents on sales of fifty-sixty-one through eightyseventy cents;
(6) five cents on sales of eightyseventy-one cents through one dollareighty-five cents;
(7) six cents on sales of eighty-six cents through one dollar; and
(78) one cent additional for each twentyfifteen cents or major fraction of it over one dollar."
SECTION __. Section 12-36-1310 (A) of the 1976 Code is amended to read:
"Section 12-36-1310 (A) (1) On and before June 30, 2003 A a user fee on use tax is imposed on the storage, use, or other consumption in this State of tangible personal property purchased at retail for storage, use, or other consumption in this State, at the rate of five percent of the sales price of the property, regardless of whether the retailer is or is not engaged in business in this State.
(2) On and after July 1, 2003 a user fee on use is imposed on the storage, use, or other consumption in this State of tangible personal property purchased at retail for storage, use, or other consumption in this State, at the rate of six percent of the sales price of the property, regardless of whether the retailer is or is not engaged in business in this State."
SECTION __. Section 12-36-1320 of the 1976 Code is amended by adding:
"(I) On and after July 1, 2003 the rate of user fee imposed by this section shall be six percent."
SECTION 61. Section 12-36-1710 (A) of the 1976 Code is amended to read:
"Section 12-36-1710. (A) (1) On and before June 30, 2003, Iin addition to all other fees prescribed by law there is imposed an excise user fee tax for the issuance of every certificate of title, or other proof of ownership, for every motor vehicle, motorcycle, boat, motor, or airplane, required to be registered, titled, or licensed. The user fee tax is five percent of the fair market value of the motor vehicle, motorcycle, airplane, boat, and motor.
(2) On and after July 1, 2003, in addition to all other fees prescribed by law there is imposed an excise user fee for the issuance of every certificate of title, or other proof of ownership, for every motor vehicle, motorcycle, boat, motor, or airplane, required to be registered, titled, or licensed. The user fee is six percent of the fair market value of the motor vehicle, motorcycle, airplane, boat, and motor."
SECTION __. Section 12-36-2620 of the 1976 Code is amended to read:
"Section 12-36-2620. The user fees taxes imposed by Sections 12-36-910, 12-36-920(B), 12-36-1310, and 12-36-1320 are composed of twothree user fees taxes as follows:
(1) a four percent user fee tax, which must be credited as provided in Section 59-21-1010(A), and ;
(2) a one percent user fee tax, which must be credited as provided in Section 59-21-1010(B). The one percent user fee tax specified in this item does not apply to sales to an individual eighty-five years of age or older purchasing tangible personal property for his own personal use, if at the time of sale, the individual requests the one percent exclusion from the user fee tax and provides the retailer with proof of age.; and
(3) a one percent user fee which must be credited to the general fund with the amount necessary to fully fund the Education Finance must be appropriated to the State Department of Education for allocation to the School Districts. The amount required to fully fund the Education Finance Act shall be that amount projected by the Board of Economic Advisors and approved by the State Board of Education. Any revenue remaining after fully funding the Education Finance Act must be appropriated by the General Assembly to meet the needs of State Government."
SECTION __. Section 12-36-2630 of the 1976 Code is amended to read:
"Section 12-36-2630. The user fee tax imposed by Section 12-36-920(A) is composed of threefour user fees taxes as follows:
(1) a four percent user fee tax which must be credited as provided in Section 59-21-1010(A); and
(2) a one percent user fee tax, which must be credited as provided in Section 59-21-1010(B). The one percent user fee tax specified in this item (2) does not apply to sales to an individual eighty-five years of age or older purchasing tangible personal property for his own personal use, if at the time of sale, the individual requests the one percent exclusion from the user fee tax and provides the retailer with proof of age; and
(3) a one percent user fee which must be credited to the general fund with the amount necessary to fully fund the Education Finance must be appropriated to the State Department of Education for allocation to the School Districts. The amount required to fully fund the Education Finance Act shall be that amount projected by the Board of Economic Advisors and approved by the State Board of Education. Any revenue remaining after fully funding the Education Finance Act must be appropriated by the General Assembly to meet the needs of State Government; and
(34) a two percent user fee on local accommodations tax, which must be credited to the political subdivisions of the State in accordance with Chapter 4 of Title 6. The proceeds of this user fee tax, less the department's actual increase in the cost of administration and the expenses of the Tourism Expenditure Review Committee established pursuant to Section 6-4-35, must be remitted quarterly to the municipality or the county in which it is collected. The two percent user fee tax provided by this item may not be increased except upon approval of two-thirds of the membership of each House of the General Assembly. However, the user fee tax may be decreased or repealed by a simple majority of the membership of each House of the General Assembly.
The user fees tax imposed by Section 12-36-920 must be billed and paid in a single item listed as a user fee tax, without itemizing the user fees taxes referred to in this section."
SECTION __. Section 12-36-2640 of the 1976 Code is amended to read:
"Section 12-36-2640. The user fee tax imposed by Section 12-36-1710 is composed of two three user fees taxes as follows:
(1) a four percent user fee tax which must be credited to the general fund of the State; and
(2) a one percent user fee tax which must be credited as provided in Section 59-21-1010(B). The one percent user fee tax specified in this item does not apply to the issuance of certificates of title or other proof of ownership to an individual eighty-five years of age or older titling or registering a motor vehicle, motorcycle, boat, motor, or airplane for his own personal use, if at the time of sale, the individual requests the one percent exclusion from the user fee tax and provides the retailer with proof of age.; and
(3) a one percent user fee which must be credited to the general fund with the amount necessary to fully fund the Education Finance must be appropriated to the State Department of Education for allocation to the School Districts. The amount required to fully fund the Education Finance Act shall be that amount projected by the Board of Economic Advisors and approved by the State Board of Education. Any revenue remaining after fully funding the Education Finance Act must be appropriated by the General Assembly to meet the needs of State Government."
SECTION __. Section 12-36-2645 of the 1976 Code is amended to read:
"Section 12-36-2645. The user fees on sales and use taxes imposed by this chapter also extend to gross proceeds accruing or proceeding from the business of providing 900/976 telephone service except that the applicable rate of theuser fee tax is teneleven percent. All revenues derived from the user fee tax imposed by this section must be credited to the general fund of the State."
SECTION __. The gross proceeds of sales of tangible personal property delivered after the imposition date of the user fees imposed and collected under this act, either under the terms of a construction contract executed before the imposition date, or a written bid submitted before the imposition date, culminating in a construction contract entered into before or after the imposition date, are exempt from the user fees on sales and use provided for in this section if a verified copy of the contract is filed with the South Carolina Department of Revenue within six months after the imposition of the user fees on sales and use under this section.
SECTION __. The Code Commissioner is directed to make necessary changes in Articles 9,13,17,21, and 25 of Chapter 36 of Title 12; so that in all instances the term "user fee on sales" is substituted for the term "sales tax" and the term "user fee on the use" for the term "use tax" and to generally conform all necessary references to a "sales" and/or "use" tax to a "user fee(s)" on sales and use." /
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
Senator LEATHERMAN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Branton Courson Cromer Elliott Fair Giese Gregory Grooms * Hawkins Hayes Knotts Kuhn Leatherman Martin McConnell Mescher O'Dell Peeler Rankin Ravenel Richardson Ritchie Ryberg Setzler Smith, J. Verne Thomas Verdin Waldrep
Anderson Drummond Ford Glover Holland Hutto Jackson Land Leventis Malloy Matthews McGill Moore Patterson * Pinckney Reese Short
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The amendment was laid on the table.
Senator MOORE proposed the following Amendment No. P-2 (3919TLM02B), which was withdrawn:
Amend the committee amendment, as and if amended, page 3986-7, before line 1, by adding an appropriately numbered SECTION to read:
/ SECTION ____ Article 5, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-625. (A) Effective July 1, 2003, in addition to the tax imposed pursuant to Section 12-21-620(1), there is levied, assessed, collected, and paid upon all cigarettes made of tobacco or any substitute for tobacco, a user fee equal to 2.65 cents on each cigarette made of tobacco or any substitute for tobacco. The amount imposed pursuant to this section must be reported, paid, collected, and enforced in the same manner as the tax imposed pursuant to Section 12-21-620(1).
(B) The first two and one-half percent or seven million dollars of revenue, whichever is greater, attributable to the user fee imposed pursuant to subsection (A) of this section must be deposited in a Lost Sales Fund to be used to reimburse cigarette retailers for their losses attributable to the imposition of the user fee, to loss from theft, or other nonsale reasons. For purposes of this subsection, the amount of loss is equal to the difference between the total product available for sale (beginning inventory plus purchase) and sales (the product left available less ending inventory) and must be reported to the Department of Revenue at the end of the fiscal year to be eligible for reimbursement. Each retailer is entitled to be reimbursed its pro rata share of the proceeds in the Lost Sales Fund, reflected by its percentage of loss, not to exceed two percent for each reporting period.
(C)There is created in the state treasury the Medicaid Match Fund. The revenue from the user fee imposed pursuant to this section must be credited to the Medicaid Match Fund. This fund must be separate and distinct from the general fund of the State. Monies in the fund must annually be appropriated to the Department of Health and Human Services or its successor agency and used for the sole and exclusive purpose of state match for federal Medicaid funding. The fund is exempt from any budgetary cuts or reductions which are required or triggered by statute when there is a decrease or shortfall in estimated general fund revenues and may only be reduced by affirmative action of the General Assembly during the annual appropriation of the Medicaid Match Fund. Earnings on investments of monies in the fund must be credited to the fund and used for the same purposes as other monies in the fund. Any monies in the fund not expended during a fiscal year must be carried forward to the succeeding fiscal year and appropriated and used for the same purposes."
SECTION ____. Article 5, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-630. Effective January 1, 2004, the license taxes and user fee imposed on cigarettes by this Article must be paid by affixing stamps to each individual package in the manner and at the time set forth in this section. A stamp evidencing the taxes and user fee imposed may not be of a denomination of less than one cent and whenever the tax computed at the rate prescribed is a specified amount plus a fractional part of one cent, the package must be stamped for the next full cent. The Department of Revenue may authorize wholesale dealers in cigarettes to store cigarettes intended to be sold and shipped out of this State in separate compartments of their business without affixing revenue stamps. However, a wholesale dealer making shipments of cigarettes to locations out of this State shall apply to the department for a license that allows the wholesale dealer to maintain the separate compartments authorized by this item. A wholesale dealer in cigarettes violating the rules and regulations permitting the storage of cigarettes without affixing the stamps is liable for the penalties contained in Title 12 of the 1976 Code. The stamps must be affixed to each individual package by wholesalers within seventy-two hours after the products are received by them and by retailers within twenty-four hours of receipt by them of these products. In all cases, these goods must be stamped before being sold. Cigarettes manufactured within the State and sold directly to consumers must be stamped by the manufacturer when and as sold. Each person or distributor of cigarettes subject to the tax and user fee first receiving untaxed cigarettes for sale or distribution in this State is subject to the taxes and user fee imposed by Article 5, Chapter 21, Title 12 of the 1976 Code. Each person or distributor required to pay the taxes and user fee by affixing stamps must also make a report to the department, in the form and manner prescribed by the department, of all cigarettes and cigarette tax and user fee stamps in inventory at the beginning and end of the month, all cigarettes and cigarette tax and user fee stamps purchased during the month, all cigarettes disposed of in this State during the month, and other information required by law or considered necessary by the department. If the report indicates that the person or distributor did not stamp all cigarettes disposed of, the person or distributor shall pay the additional taxes and user fee with the report. The report and taxes and user fee, if any additional taxes or user fees are due with the report, are due no later than the twentieth day of the month next succeeding the month of the purchase or disposition. Cigarettes held in inventory on January 1, 2004, by the person or distributor who first received the cigarettes into this State must be stamped as provided by this section. Credit must be allowed for any taxes previously paid on the cigarettes. The Department may retain a portion of the collections resulting from the administration of the tax stamp, not to exceed three hundred thousand dollars, to defray the cost of material and supplies."
SECTION_____. Section 12-21-735 is repealed effective January 1, 2004. /
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
Senator MOORE requested a Sense of the Senate Motion in support of a $ .53 per pack increase on the price of cigarettes to be used to fund the Medicaid program as provided for in Amendment No. P-2.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Cromer Drummond Fair Ford Glover Gregory Hayes Holland Hutto Jackson Land Leventis Malloy Martin Matthews Moore O'Dell Patterson * Pinckney Ravenel Reese Richardson Ryberg Short Smith, J. Verne Waldrep
Branton Courson Giese Grooms * Hawkins Knotts Kuhn Leatherman McConnell McGill Mescher Peeler Rankin Setzler Thomas Verdin
*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 Sense of the Senate Motion was adopted.
On motion of Senator MOORE, with unanimous consent, Amendment No. P-2 was withdrawn.
The Committee on Finance proposed the following amendment (DKA\3631DW03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting clause and inserting:
/ SECTION 1. Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-4007. (A) A site system and an electronic dabber must meet the following specifications:
(1) A site system must:
(a) record a nonresetable electronic consecutive six digit receipt number for each transaction;
(b) issue a player a receipt for each transaction containing the:
(i) name of a site or organization;
(ii) date and time of transaction;
(iii) number of electronic bingo card images downloaded or activated;
(iv) selling price of a card or package, gross proceeds, and receipt number; and
(v) serial number of device issued to a player;
(c) print a summary report for each session containing:
(i) the date and time of the report;
(ii) the name of the site;
(iii) the date of the session;
(iv) the sequential session number;
(v) the number of transactions;
(vi) the number of voided transactions;
(vii) the number of electronic bingo card images downloaded or activated;
(viii) the number of devices used;
(ix) the total gross proceeds; and
(x) any other information required by the department.
(2) An electronic dabber:
(a) must be a portable hand-held unit and must not be wired directly to a site system;
(b) must be used in conjunction with a bingo ticket purchased from the house which entitles the player to mark his cards electronically rather than using paper cards and marking them manually;
(c) must have no more than one hundred eighty faces to be played on each game when used in a class 'B' game and no more than three hundred faces to be played on each game when used in a class 'AA' game;
(d) must require a player to manually enter each bingo number called;
(e) must display a player's best card or a winning card and alert only that player through an audio or video method, or both, that the player has a winning card;
(f) must erase automatically all stored cards at the end of the last game of a session or when the device is turned off;
(g) must be downloaded or activated with new cards at the beginning of each session;
(h) must be used only for one unit for each player, at any time during the bingo session. A player may purchase additional cards to be marked manually, but not for use with an electronic dabber;
(i) must not be a video lottery machine, video gaming machine, or other device prohibited by Section 12-21-2710;
(j) must not be used or be capable of being used to play a game other than bingo as authorized by this article; and
(k) must not be used or be capable of being used in an activity prohibited by Section 16-19-40 or 16-19-50.
(B) The department's representatives may examine and inspect any site system and related equipment, electronic dabber and related equipment, or other machine or device used in the conduct of bingo by the promoter, nonprofit organization, or player. The examination and inspection must include immediate access to the electronic dabber and unlimited inspection of all parts, equipment, and associated systems.
(C) A player may exchange a defective electronic dabber for another provided a disinterested player verifies that the electronic dabber is not functioning.
(D) The bingo ticket as defined in Section 12-21-3920(3) must be perforated and allows both the player and the house to retain a copy. The ticket must be sold at face value. Only the number of faces printed on the bingo ticket may be downloaded or activated into the electronic dabber, no more or less, and at no time may bingo cards be sold for use with an electronic dabber and bingo ticket in matching face value or for any other purpose. The bingo tickets must be purchased on a bingo voucher only through a distributor licensed in this State. The bingo ticket must be torn in two along the perforation required in this subsection and the player must be given one part of the ticket and the house must retain the other part of the ticket for its books and records.
(E) After completion of each session the organization shall generate an activity report containing the number of electronic dabbers used in the session along with the house receipts for each bingo ticket sold. This report must be printed and maintained with the daily reports of the bingo session held.
Section 12-21-4009. The use of an electronic or mechanical device designed for a bingo game authorized pursuant to this chapter must be limited to a bingo promoter and the promoter's employees or any other person authorized by law to conduct bingo only in order to facilitate bingo play in the location licensed for bingo play pursuant to law, and this machine must not dispense as a prize coins or currency. The operation of the bingo games excludes machines and lottery games, including video poker lottery games, prohibited by Sections 12-21-2710, 16-19-40, and 16-19-50."
SECTION 2. Section 12-21-3920(3) of the 1976 Code is amended to read:
"(3) 'Card' means a printed or nonprinted design on which there are arranged five horizontal rows and five vertical columns forming twenty-five squares. Numbers are printed in twenty-four of the squares, and the term 'free', 'free square', or 'free space' is printed in the square or space located in the center of the card. The five columns are denominated from left to right by the respective letters of the word 'B-I-N-G-O'. Each square in the 'B' column contains a number from one through fifteen inclusive; each square in the 'I' column contains a number from sixteen through thirty inclusive; except for the center space which is marked as free, each square in the 'N' column contains a number from thirty-one through forty-five inclusive; each square in the 'G' column contains a number from forty-six through sixty inclusive; and each square in the 'O' column contains a number from sixty-one through seventy-five inclusive. No A number may not appear twice on the same card. A nonprinted design is a bingo ticket for use only with an electronic dabber. The bingo ticket is a perforated two-part ticket and must bear a sequential serial ticket number, the South Carolina state seal, denomination, number of faces authorized for download or activation, the Department of Revenue issued organization license number, and other information that may be required by the department. The ticket must have designated blanks for entry of the date sold and electronic dabber unit number supplied. Bingo tickets must be printed by a bingo ticket manufacturer licensed by the department and must be sold only by a distributor licensed by the department. Bingo tickets must meet the design and requirements of the department. Bingo tickets may be used only by a promoter or nonprofit organization if the ticket has been approved by the department. A license for a bingo ticket manufacturer costs one thousand dollars. A manufacturer of bingo cards or electronic dabbers or site systems, a distributor, a promoter, or a nonprofit organization may not have an interest, direct or indirect, in a bingo ticket manufacturer. The bingo ticket manufacturer must maintain records as required by the department."
SECTION 3. Section 12-21-3920 of the 1976 Code is amended by adding:
"(20) 'Electronic dabber' means a hand-held electronic device that allows a player to store, display, and mark bingo card faces that have been downloaded or activated as authorized by the bingo ticket. All electronic dabbers must be tested and approved by an independent testing facility to be determined by the department within forty-five days of a written request. All costs for testing are the responsibility of the manufacturer wishing to sell, lease, rent, or otherwise distribute the electronic dabber in South Carolina for the conduct of bingo. The sole and exclusive determination as to whether an electronic dabber meets the requirements of this chapter rests with the department in its sole discretion. If this determination is appealed, the promoter and nonprofit organization may not use the electronic dabber during the pendency of the appeal.
(21) 'Site system' means a computer accounting system commonly referred to as a point of sale system used in conjunction with electronic dabbers. This computer software must be used at a site by an organization which allows a bingo ticket purchased from a licensed distributor to authorize the download or activation of faces into the electronic dabbers, accounts for gross proceeds, and provides accounting information on all activity for one year from the end of the quarter in which the activity occurred. All site systems and electronic dabbers must be tested and approved by an independent testing facility to be determined by the department within forty-five days of written request. All costs for testing are the responsibility of the manufacturer wishing to sell, lease, rent, or otherwise distribute the site system in South Carolina for the conduct of bingo. The sole and exclusive determination as to whether a site system meets the requirements of this chapter rests with the department in its sole discretion. If this determination is appealed, the promoter and nonprofit organization may not use the site system during the pendency of the appeal."
SECTION 4. Section 12-21-3990(A)(2) of the 1976 Code, as last amended by Act 334 of 2002, is further amended to read:
"(2) Before each game begins, the caller shall announce to the players the configuration or configurations that will win the game. A configuration consists of a number of grids covered in the manner announced by the caller. Any method of playing the games is allowed if the method is announced before each game's beginning including, but not limited to, wild card games. In addition, at the conclusion of each game anytime before the conclusion of the game, the prize, specifically stating the dollar amount or value of merchandise awarded to the winner or winners for the game completed, must be announced before the next game begins."
SECTION 5. Section 12-21-4000(8) of the 1976 Code is amended to read:
"(8) The prize must be awarded to the first person who successfully achieves the winning configuration of covered squares. All winning configurations must be verified using an electronic verifying system and must be displayed on the monitor for all players to see."
SECTION 6. Section 12-21-4120 of the 1976 Code, as last amended by Act 334 of 2002, is further amended to read:
"Section 12-21-4120. Any An organization or a promoter seeking clarification on the play of or operation of a bingo game shall submit to the department's bingo regulatory section a written request seeking a determination as to whether or not a certain or specific action constitutes a violation. A conference may be requested upon the receipt of the clarification request. The department shall respond, in writing, to the party requesting the clarification, citing specific statutes which disqualify an action and, when applicable, citing actions that are authorized pursuant to the laws of this State. A response or any failure to respond is not grounds for estoppel nor does it grant any rights to the organization or promoter seeking a clarification. Any An organization or a promoter found in violation of the provisions of this article and assessed additional taxes, penalties, fines, or interest is entitled to a conference upon request."
SECTION 7. Section 12-21-3940 of the 1976 Code is amended by adding a new subsection to read:
"(D) A license must not be issued for conducting a game of bingo at an establishment holding a license pursuant to the provisions of Section 61-6-1820."
SECTION 8. Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-4011. Notwithstanding any provision of law, federally-recognized Indian tribes authorized to conduct bingo games in South Carolina may use hardwire technology for bingo play, if the hardware technology complies with the same restrictions and meets the same requirements and testing required of electronic dabbers and site systems as provided in this chapter."
SECTION 9. Article 24, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-3935. Nothing in this article may be construed to allow video poker play and the prohibitions regarding video poker in Sections 12-21-2710, 16-19-40, and 16-19-50 apply."
SECTION 10. Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-4275. The transfer of a bingo card or ticket by a manufacturer or bingo ticket manufacturer to a person other than a licensed distributor is prohibited. The transfer of a bingo card or ticket by a distributor to a person other than a licensed bingo promoter or a licensed bingo nonprofit organization is prohibited. The transfer of a bingo card or ticket by a distributor to a promoter or bingo nonprofit organization that does not have a voucher covering the bingo ticket or bingo card is prohibited."
SECTION 11. Upon approval by the Governor, this act takes effect August 2, 2003. /
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted.
Senator WALDREP proposed the following Amendment No. 1 (GJK\20717SD03), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION to be appropriately numbered to read:
/SECTION ____. Section 12-21-4200(3) of the 1976 Code is amended to read:
"(3) Seventy-two and fifteen one-hundredths percent of the annual revenue derived from the provisions of Section 12-21-4190(2) must be deposited with the State Treasurer and credited to the general fund, except that the first one hundred thirty-one thousand of such revenues each year must be transferred to the Commission on Minority Affairs."/
Renumber sections to conform.
Amend title to conform.
Senator WALDREP explained the amendment.
The amendment was adopted.
Senator McGILL proposed the following Amendment No. 2 (DKA\ 3659HTC03), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. A. Section 12-6-3365(A), (B), and (C) of the 1976 Code, as added by Act 277 of 2000, is amended to read:
"(A) A taxpayer creating and maintaining at least one hundred full-time new jobs, as defined in Section 12-6-3360(M), at a facility of a type identified in Section 12-6-3360(M) is allowed may petition, utilizing the procedure in Section 12-6-2320(B), for a moratorium on state corporate income or insurance premium taxes imposed pursuant to Section 12-6-530 for the ten taxable years beginning the first full taxable year after the taxpayer qualifies and ending either ten years from that year or the year when the taxpayer's number of full-time new jobs falls below one hundred, whichever is earlier.
(B) To qualify for the moratorium pursuant to subsection (A), a taxpayer must shall create at least one hundred full-time new jobs at a facility in a county:
(1) with an average annual unemployment rate of at least twice the state average during each of the last two completed calendar years twenty-four months, based on the most recent unemployment rates rate data on November first available, or that is one of the three lowest per capita income counties, based on the average of the three most recent completed calendar years of available average per capita income data that are available on November first; and
(2) in which at least ninety percent of the taxpayer's total investment in this State is located.
(C) The moratorium applies to that portion of the taxpayer's corporate income or premium tax that represents the ratio of the company's new investment in the qualifying county to its total investment in this State."
B. Section 12-6-3365 of the 1976 Code, as added by Act 277 of 2000, is amended by adding at the end:
"(G) The department shall designate the moratorium counties by December thirty-first each year using data from the South Carolina Employment Security Commission and the United States Department of Commerce. The designations are effective for taxable years that begin in the following calendar year."
C. Section 12-10-35 of the 1976 Code, as last amended by Act 399 of 2000, is hereby repealed.
D. Notwithstanding the general effective date of this act, this section takes effect upon approval of this act by the Governor. The repeal of Section 12-10-35 takes effect upon approval of this act by the Governor and applies to tax years beginning after 2003; the repeal does not affect a moratorium in effect on that date. /
Renumber sections to conform.
Amend title to conform.
Senator McGILL explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
Columbia, S.C., June 5, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 549 (Word version) -- Senators Land, Martin, J. Verne Smith, Hawkins and McConnell: A BILL TO AMEND SECTION 42-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SECOND INJURY FUND, SO AS TO PROHIBIT REIMBURSEMENTS TO EMPLOYERS OR CARRIERS WHICH HAVE DEFAULTED ON THEIR CURRENT ASSESSMENTS UNTIL THE ASSESSMENTS ARE PAID IN FULL; TO AMEND SECTION 42-9-400, AS AMENDED, RELATING TO THE MANNER IN WHICH AN EMPLOYER OR INSURANCE CARRIER SHALL BE REIMBURSED FROM THE SECOND INJURY FUND WHEN DISABILITY RESULTS FROM PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY, SO AS TO FURTHER PROVIDE FOR WHAT AN EMPLOYER MUST ESTABLISH IN ORDER TO QUALIFY FOR REIMBURSEMENT; AND TO AMEND SECTION 42-9-410, RELATING TO REIMBURSEMENT FROM THE SECOND INJURY FUND FOR AN EMPLOYEE WHO BECOMES TOTALLY AND PERMANENTLY DISABLED IN A SUBSEQUENT INJURY, SO AS TO FURTHER PROVIDE FOR WHAT AN EMPLOYER MUST ESTABLISH IN ORDER TO RECEIVE THESE ADDITIONAL BENEFITS FROM THE SECOND INJURY FUND.
Very respectfully,
Speaker of the House
Received as information.
S. 549 (Word version) -- Senators Land, Martin, J. Verne Smith, Hawkins and McConnell: A BILL TO AMEND SECTION 42-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SECOND INJURY FUND, SO AS TO PROHIBIT REIMBURSEMENTS TO EMPLOYERS OR CARRIERS WHICH HAVE DEFAULTED ON THEIR CURRENT ASSESSMENTS UNTIL THE ASSESSMENTS ARE PAID IN FULL; TO AMEND SECTION 42-9-400, AS AMENDED, RELATING TO THE MANNER IN WHICH AN EMPLOYER OR INSURANCE CARRIER SHALL BE REIMBURSED FROM THE SECOND INJURY FUND WHEN DISABILITY RESULTS FROM PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY, SO AS TO FURTHER PROVIDE FOR WHAT AN EMPLOYER MUST ESTABLISH IN ORDER TO QUALIFY FOR REIMBURSEMENT; AND TO AMEND SECTION 42-9-410, RELATING TO REIMBURSEMENT FROM THE SECOND INJURY FUND FOR AN EMPLOYEE WHO BECOMES TOTALLY AND PERMANENTLY DISABLED IN A SUBSEQUENT INJURY, SO AS TO FURTHER PROVIDE FOR WHAT AN EMPLOYER MUST ESTABLISH IN ORDER TO RECEIVE THESE ADDITIONAL BENEFITS FROM THE SECOND INJURY FUND.
On motion of Senator LAND, the Senate insisted upon its amendments to S. 549 and asked for a Committee of Conference.
Whereupon, Senators LAND, McGILL and MALLOY were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
S. 549 (Word version) -- Senators Land, Martin, J. Verne Smith, Hawkins and McConnell: A BILL TO AMEND SECTION 42-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SECOND INJURY FUND, SO AS TO PROHIBIT REIMBURSEMENTS TO EMPLOYERS OR CARRIERS WHICH HAVE DEFAULTED ON THEIR CURRENT ASSESSMENTS UNTIL THE ASSESSMENTS ARE PAID IN FULL; TO AMEND SECTION 42-9-400, AS AMENDED, RELATING TO THE MANNER IN WHICH AN EMPLOYER OR INSURANCE CARRIER SHALL BE REIMBURSED FROM THE SECOND INJURY FUND WHEN DISABILITY RESULTS FROM PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY, SO AS TO FURTHER PROVIDE FOR WHAT AN EMPLOYER MUST ESTABLISH IN ORDER TO QUALIFY FOR REIMBURSEMENT; AND TO AMEND SECTION 42-9-410, RELATING TO REIMBURSEMENT FROM THE SECOND INJURY FUND FOR AN EMPLOYEE WHO BECOMES TOTALLY AND PERMANENTLY DISABLED IN A SUBSEQUENT INJURY, SO AS TO FURTHER PROVIDE FOR WHAT AN EMPLOYER MUST ESTABLISH IN ORDER TO RECEIVE THESE ADDITIONAL BENEFITS FROM THE SECOND INJURY FUND.
In lieu of Senator LAND, on the Committee of Conference to S. 549, Senator MARTIN was substituted, and a message was sent to the House accordingly.
Columbia, S.C., June 5, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Tripp, Scarborough and Young to the Committee of Conference on the part of the House on:
S. 549 (Word version) -- Senators Land, Martin, J. Verne Smith, Hawkins and McConnell: A BILL TO AMEND SECTION 42-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SECOND INJURY FUND, SO AS TO PROHIBIT REIMBURSEMENTS TO EMPLOYERS OR CARRIERS WHICH HAVE DEFAULTED ON THEIR CURRENT ASSESSMENTS UNTIL THE ASSESSMENTS ARE PAID IN FULL; TO AMEND SECTION 42-9-400, AS AMENDED, RELATING TO THE MANNER IN WHICH AN EMPLOYER OR INSURANCE CARRIER SHALL BE REIMBURSED FROM THE SECOND INJURY FUND WHEN DISABILITY RESULTS FROM PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY, SO AS TO FURTHER PROVIDE FOR WHAT AN EMPLOYER MUST ESTABLISH IN ORDER TO QUALIFY FOR REIMBURSEMENT; AND TO AMEND SECTION 42-9-410, RELATING TO REIMBURSEMENT FROM THE SECOND INJURY FUND FOR AN EMPLOYEE WHO BECOMES TOTALLY AND PERMANENTLY DISABLED IN A SUBSEQUENT INJURY, SO AS TO FURTHER PROVIDE FOR WHAT AN EMPLOYER MUST ESTABLISH IN ORDER TO RECEIVE THESE ADDITIONAL BENEFITS FROM THE SECOND INJURY FUND.
Very respectfully,
Speaker of the House
Received as information.
S. 549 (Word version) -- Senators Land, Martin, J. Verne Smith, Hawkins and McConnell: A BILL TO AMEND SECTION 42-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SECOND INJURY FUND, SO AS TO PROHIBIT REIMBURSEMENTS TO EMPLOYERS OR CARRIERS WHICH HAVE DEFAULTED ON THEIR CURRENT ASSESSMENTS UNTIL THE ASSESSMENTS ARE PAID IN FULL; TO AMEND SECTION 42-9-400, AS AMENDED, RELATING TO THE MANNER IN WHICH AN EMPLOYER OR INSURANCE CARRIER SHALL BE REIMBURSED FROM THE SECOND INJURY FUND WHEN DISABILITY RESULTS FROM PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY, SO AS TO FURTHER PROVIDE FOR WHAT AN EMPLOYER MUST ESTABLISH IN ORDER TO QUALIFY FOR REIMBURSEMENT; AND TO AMEND SECTION 42-9-410, RELATING TO REIMBURSEMENT FROM THE SECOND INJURY FUND FOR AN EMPLOYEE WHO BECOMES TOTALLY AND PERMANENTLY DISABLED IN A SUBSEQUENT INJURY, SO AS TO FURTHER PROVIDE FOR WHAT AN EMPLOYER MUST ESTABLISH IN ORDER TO RECEIVE THESE ADDITIONAL BENEFITS FROM THE SECOND INJURY FUND.
On motion of Senator MARTIN, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator MARTIN spoke on the report.
On motion of Senator MARTIN, the Report of the Committee of Conference to S. 549 was adopted as follows:
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 549 (Word version) -- Senators Land, Martin, J. Verne Smith, Hawkins and McConnell: A BILL TO AMEND SECTION 42-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SECOND INJURY FUND, SO AS TO PROHIBIT REIMBURSEMENTS TO EMPLOYERS OR CARRIERS WHICH HAVE DEFAULTED ON THEIR CURRENT ASSESSMENTS UNTIL THE ASSESSMENTS ARE PAID IN FULL; TO AMEND SECTION 42-9-400, AS AMENDED, RELATING TO THE MANNER IN WHICH AN EMPLOYER OR INSURANCE CARRIER SHALL BE REIMBURSED FROM THE SECOND INJURY FUND WHEN DISABILITY RESULTS FROM PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY, SO AS TO FURTHER PROVIDE FOR WHAT AN EMPLOYER MUST ESTABLISH IN ORDER TO QUALIFY FOR REIMBURSEMENT; AND TO AMEND SECTION 42-9-410, RELATING TO REIMBURSEMENT FROM THE SECOND INJURY FUND FOR AN EMPLOYEE WHO BECOMES TOTALLY AND PERMANENTLY DISABLED IN A SUBSEQUENT INJURY, SO AS TO FURTHER PROVIDE FOR WHAT AN EMPLOYER MUST ESTABLISH IN ORDER TO RECEIVE THESE ADDITIONAL BENEFITS FROM THE SECOND INJURY FUND.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer's Version 6/4/03--H.)
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 38-1-20(40) of the 1976 Code, as last amended by Act 300 of 2002, is further amended to read:
"(40) 'Exempt commercial policies' means policies for large commercial insureds where the total combined premiums to be paid for these policies for one insured is greater than fifty thousand dollars annually and as may be further provided for in regulation or in bulletins issued by the director. Exempt commercial policies include all property and casualty coverages except for commercial property and insurance related to credit transactions written through financial institutions."
SECTION 2. Section 38-7-20 of the 1976 Code is amended to read:
"Section 38-7-20. (A) In addition to all license fees and taxes otherwise provided by law, there is levied upon each insurance company licensed by the director or his designee an insurance premium tax based upon total premiums, other than workers' compensation insurance premiums, and annuity considerations, collected written by the company in the State during each calendar year ending on the thirty-first day of December. For life insurance, the insurance premium tax levied herein is equal to three-fourths of one percent of the total premiums collected written. For all other types of insurance, the insurance premium tax levied herein in this section is equal to one and one-fourth percent of the total premiums collected written. In computing total premiums, return premiums on risks and dividends paid or credited to policyholders are excluded.
(B) The insurance premium taxes collected by the director or his designee pursuant to this section must be deposited by him in the general fund of the State."
SECTION 3. Section 38-21-170(A) of the 1976 Code, as last amended by Act 228 of 2002, is further amended to read:
"(A) Subject to Section 38-21-270, each registered insurer shall report to the department all dividends and other distributions to shareholders within five business days following the declaration thereof of it and at least ten fifteen days prior to before the payment thereof of it. The department shall promptly shall consider this report as information, and such these considerations shall must include the factors as set forth provided in Section 38-21-260. If an insurer's surplus as regards policyholders is determined by the department not to be reasonable in relation to the insurer's outstanding liabilities and adequate to its financial needs, the department shall have the authority, within the ten-day fifteen-day period prior to before payment thereof of it, to limit the amount of such the dividends or distributions."
SECTION 4. Section 38-21-270(B) of the 1976 Code, as last amended by Act 228 of 2002, is further amended to read:
"(B)(1) For purposes of this section, an extraordinary dividend or distribution includes a dividend or distribution of cash or other property whose fair market value together with that of other dividends or distributions made within the preceding twelve months exceeds the lesser of:
(a) when paid from other than earned surplus exceeds the lesser of:
(a)(i) ten percent of the insurer's surplus as regards policyholders as shown in the insurer's most recent annual statement,; or
(b)(ii) the net gain from operations for life insurers, or the net income, for nonlife insurers, not including net realized capital gains or losses as shown in the insurer's most recent annual statement.;
(b) when paid from earned surplus exceeds the greater of:
(i) ten percent of the insurer's surplus as regards policyholders as shown in the insurer's most recent annual statement; or
(ii) the net gain from operations for life insurers, or the net income, for nonlife insurers, not including net realized capital gains or losses as shown in the insurer's most recent annual statement.
(2) It does not include pro rata distributions of a class of the insurer's own securities."
SECTION 5. Section 38-41-60(c) of the 1976 Code is amended to read:
"(c) Investment of plan funds is subject to the same restrictions which are applicable to insurers pursuant to Sections 38-11-40 and 38-11-50 38-12-10 through 38-12-320. All investments must be managed by a bank or other investment organization licensed to operate in South Carolina."
SECTION 6. Section 38-43-10(B) of the 1976 Code, as last amended by Act 323 of 2002, is further amended to read:
"(B) This chapter does not apply to excess and surplus lines brokers licensed pursuant to Section 38-45-20 38-45-30 except as provided in Section 38-43-70."
SECTION 7. Section 38-43-40 of the 1976 Code, as last amended by Act 323 of 2002, is further amended to read:
"Section 38-43-40. A license issued by the director or his designee pursuant to Chapter 5 of this title gives to the insurer obtaining it the right to appoint any number of producers to take risks or transact any business of insurance in the State. However, the director or his designee must approve the appointment before the producer takes any risk or transacts any business. The notification to the director or his designee shall must give both the business address and residence addresses of the producer."
SECTION 8. Section 38-43-50(B) of the 1976 Code, as added by Act 323 of 2002, is amended to read:
"(B) Before an applicant can act as a producer for an authorized insurer he must be appointed by an official or authorized representative of the insurer for which the applicant proposes to act, who When appointing a producer, the insurer shall certify on a form prescribed by the director whether the applicant has been appointed a producer to represent it and that it has duly investigated the character and record of the applicant and has satisfied itself that he is trustworthy and qualified to act as its producer and intends to hold himself out in good faith as an insurance producer. An insurance producer shall not act as an agent of an insurer unless the insurance producer becomes an appointed agent of that insurer. An insurance producer who is not acting as an agent of an insurer is not required to become appointed."
SECTION 9. Section 38-43-70(D) of the 1976 Code, as last amended by Act 323 of 2002, is further amended to read:
"(D) Notwithstanding any other provision of this section, a person licensed as a surplus lines broker in his home state shall receive a nonresident surplus lines broker license pursuant to subsection (A) of this section. Except as to subsection (A) of this section, nothing in this section otherwise amends or supersedes any provision of Section 38-45-20 38-45-30."
SECTION 10. Section 38-43-100(A) of the 1976 Code, as last amended by Act 323 of 2002, is further amended to read:
"(A) No Business may not be done by the applicant except following issuance of a producer's license, and the license may not be issued until the director or his designee has determined that the applicant is qualified as an insurance producer, generally, and is particularly qualified for the line of business in which the applicant proposes to engage. The department shall promulgate regulations setting forth qualifying standards of producers as to all lines of business and shall require the producer applicant to stand a written examination. For the purpose of interstate reciprocity, the department shall identify by bulletin which limited lines or limited lines credit insurance are approved in South Carolina and which are exempt from examination. The director or his designee may waive the examination with respect to applicants who have achieved the designations of Chartered Property and Casualty Underwriter (CPCU) or Chartered Life Underwriter (CLU). The director or his designee may also, at his discretion, waive the examination and issue temporary licenses for a period not to exceed ninety days, upon demonstrated need. A bank, finance company, or other company handling credit transactions operating in this State and utilizing one or more credit life or accident and health or credit property producers in a particular geographical area who are licensed without having taken the written examination is required to have readily available at least one credit life or accident and health or credit property producer to answer customers' questions concerning credit life, credit accident and health insurance, or credit property, or any combination of these."
SECTION 11. Section 38-43-105(E) of the 1976 Code, as last amended by Act 323 of 2002, is further amended to read:
"(E) This section applies to residents applying for a license to engage in the sale of insurance except those persons who have previously been licensed for a period of five years or more and those persons applying for a license in limited lines or limited lines credit insurance approved by the director or his designee in order to satisfy the reciprocity provisions outlined under this chapter. Each course sponsor is required to submit a nonrefundable filing fee established by the department."
SECTION 12. Section 38-43-106(E) of the 1976 Code, as last amended by Act 323 of 2002, is further amended to read:
"(E) This section also applies to nonresident producers unless otherwise provided herein in this section. However, any a nonresident producer who successfully satisfies continuing insurance education requirements of his resident home state and certifies this information to the continuing education administrator as specified in subsection (C) is deemed considered to have satisfied the requirements of this section regardless of the requirements of that other state."
SECTION 13. Section 38-45-20 of the 1976 Code is amended to read:
"Section 38-45-20. A resident may be licensed as an insurance broker by the director or his designee if the following requirements are met:
(1) licensure of the resident as an insurance agent producer and having at least one appointment for the same lines of insurance for which he proposes to apply as a broker of this State for at least two years;
(2) successful completion of classroom insurance courses approved by the director or his designee consisting of no less than twelve classroom hours, which must be in addition to the requirements for a producer license contained in Section 38-43-105. The course subjects must be related to broker or surplus lines activities as approved by the director or his designee;
(3) payment of a biennial license fee of two hundred dollars which is earned fully when received, not refundable;
(3)(4) filing of a bond with the department in a form approved by the Attorney General in favor of South Carolina of ten thousand dollars executed by a corporate surety licensed to transact surety insurance in this State and personally countersigned by a licensed resident agent of the surety. The bond must be conditioned to pay a person insured or seeking insurance through the broker who sustains loss as a result of:
(a) the broker's violation of or failure to comply with an insurance law or regulation of this State;
(b) the broker's failure to transmit properly a payment received by him, cash or credit, for transmission to an insurer or an insured; or
(c) an act of fraud committed by the broker in connection with an insurance transaction. In lieu Instead of a bond, the broker may file with the department certificates of deposit of ten thousand dollars of building and loan associations or federal savings and loan associations located within the State in which deposits are guaranteed by the Federal Savings and Loan Insurance Corporation, not to exceed the amount of insurance, or of banks located within the State in which deposits are guaranteed by the Federal Deposit Insurance Corporation, not to exceed the amount of insurance. An aggrieved person may institute an action in the county of his residence against the broker or his surety, or both, to recover on the bond or against the broker to recover from the certificates of deposit, and a copy of the summons and complaint in the action must be served on the director, who is not required to be made a party to the action;
(4)(5) payment to the department, within thirty days after March thirty-first, June thirtieth, September thirtieth, and December thirty-first each year, of a broker's premium tax of four percent upon premiums for policies of insurers not licensed in this State. Credit may be taken for tax on policies canceled flat within forty-five days of the effective policy date as long as the business was placed in good faith and the policy was canceled at the request of the insured."
SECTION 14. Section 38-45-30(5) of the 1976 Code is amended to read:
"(5) filing of a bond with the department in a form approved by the Attorney General in favor of South Carolina of ten thousand dollars executed by a corporate surety licensed to transact surety insurance in this State. The bond must be conditioned to pay a person insured or seeking insurance through the broker who sustains loss as a result of:
(a) the broker's violation of or failure to comply with an insurance law or regulation of this State;
(b) the broker's failure to transmit properly a payment received by him, cash or credit, for transmission to an insurer or an insured; or
(c) an act of fraud committed by the broker in connection with an insurance transaction. In lieu of a bond, the broker may file with the department certificates of deposit of ten thousand dollars of building and loan associations or federal savings and loan associations located within the State in which deposits are guaranteed by the Federal Savings and Loan Insurance Corporation, not to exceed the amount of insurance, or of banks located within the State in which deposits are guaranteed by the Federal Deposit Insurance Corporation, not to exceed the amount of insurance. An aggrieved person may institute an action in the county of his residence against the broker or his surety, or both, to recover damages on the bond or against the broker to recover from the certificates of deposit, and. A copy of the summons and complaint in the action must be served on the director, who is not required to be made a party to the action."
SECTION 15. Section 38-71-880(F) of the 1976 Code, as last amended by Act 228 of 2002, is further amended to read:
"(F) This section shall not apply to benefits for services furnished on or after December 31, 2002 2003."
SECTION 16. Section 38-77-870 of the 1976 Code is amended to read:
"Section 38-77-870. The provisions of this chapter relevant to the assignment of risks must be available to nonresidents who are unable to obtain a policy of motor vehicle liability, physical damage, and medical payments insurance with respect only to motor vehicles registered and used in the State. Provided, however, that assignment through the South Carolina Automobile Insurance Plan also must be available to personnel of the Armed Forces of the United States who are on active duty and who officially are stationed in this State if they possess a valid motor vehicle driver's license issued by another state or territory of the United States or by the District of Columbia, regardless of the state of registration of their motor vehicle, if their motor vehicle is garaged principally in this State."
SECTION 17. Section 38-79-420 of the 1976 Code is amended to read:
"Section 38-79-420. There is created the South Carolina Patients' Compensation Fund (fund) for the purpose of paying that portion of a medical malpractice or general liability claim, settlement, or judgment which is in excess of one two hundred thousand dollars for each incident or in excess of three six hundred thousand dollars in the aggregate for one year. The fund is liable only for payment of claims against licensed health care providers (providers) in compliance with the provisions of this article and includes reasonable and necessary expenses incurred in payment of claims and the fund's administrative expense."
SECTION 18. Section 56-9-20(11) of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"(11) 'Proof of financial responsibility': Proof of ability to respond to damages for liability, as provided in Section 38-77-150, or, on account of accidents occurring after the effective date of such this proof, arising out of the ownership, maintenance, or use of a motor vehicle in the amount of fifteen thousand dollars because of bodily injury to or death of one person in any one accident and, subject to such this limit for one person, in the amount of thirty thousand dollars because of bodily injury to or death of two or more persons in any one accident and in the amount of five ten thousand dollars because of injury to or destruction of property of others in any one accident;"
SECTION 19. The first paragraph of Section 2 of Act 313 of 2002 is amended to read:
"Notwithstanding the interest rate provisions of Section 38-69-240(a) of the 1976 Code, for prospective sales of contracts entered into pursuant to Section 38-69-240 from this act's effective date through January 1, 2004 June 30, 2005, the following applies:"
SECTION 20. Section 38-75-460 of the 1976 Code is amended to read:
"Section 38-75-460. The director or his designee may, by written order, temporarily may expand the area in which the association must shall provide essential property insurance. The area may not be expanded further inland than east of the west bank of the intracoastal waterway and may not be expanded to cover the area for more than twelve months. The director or his designee shall find and declare the existence of an emergency because of the unavailability of coastal property insurance or other unavailability of coastal property insurance on a reasonable basis through normal channels. The order must include the surveys of the market conducted in order to make the determination. The director or his designee may expand the area in which the association shall provide essential property insurance to the whole area or just part of the area. The director may expand the area by construction type or age of construction. The area may not be expanded further than the seacoast territory as defined in Section 38-75-310(7) and may not be expanded to cover the area for more than twenty-four months. If the director or his designee issues an order that expands the area in which the association provides essential property insurance, he shall notify the General Assembly of that order and he shall recommend, through the Director of the Department of Insurance, to the General Assembly any appropriate statutory changes in the law concerning the definition of 'coastal area' which he believes needs to be enacted."
SECTION 21. Section 42-7-310(d)(2) of the 1976 Code, as last amended by Act 364 of 2000, is further amended to read:
"(2) equitable assessments upon each carrier which, as used in this section, includes all insurance carriers, self-insurers, and the State Accident Fund. Each carrier shall make payments to the fund in an amount equal to that proportion of one hundred seventy-five percent of the total disbursement made from the fund during the preceding fiscal year less the amount of net assets in the fund as of June thirtieth of the preceding fiscal year which the normalized premium of each carrier bore to the normalized premium of all carriers during the preceding calendar year. Each insurance carrier, self-insurer, and the State Accident Fund shall make payment based upon workers' compensation normalized premiums during the preceding calendar year. The charge to each insurance carrier is a charge based upon normalized premiums. An employer who has ceased to be a self-insurer shall continue to be liable for any assessments into the fund on account of any benefits paid by him during such calendar year. Any assessment levied or established in accordance with this section constitutes a personal debt of every employer or insurance carrier so assessed and is due and payable to the Second Injury Fund when payment is called for by the fund. In the event of failure to pay any assessment upon the date determined by the fund, the employer or insurance carrier may immediately be assessed a penalty in an amount not exceeding ten percent of the unpaid assessment. If the employer or insurance carrier fails to pay the assessment and penalty within thirty days, they shall be barred from any recovery from the fund on all claims without exception until the assessment and penalty are paid in full. the The director may file a complaint for collection against the employer or insurance carrier in a court of competent jurisdiction for the assessment, penalty, and interest at the legal rate, and the employer/carrier is responsible for attorney's fees and costs. The penalty and interest under this subsection are payable to the Second Injury Fund. At the time of the filing of the complaint, the fund shall also notify the South Carolina Department of Insurance and the South Carolina Workers' Compensation Commission, and these government agencies shall take the appropriate legal and administrative action immediately."
SECTION 22. Section 42-9-400(c) of the 1976 Code is amended to read:
"(c) In order to qualify under this section for reimbursement from the Second Injury Fund, the employer must establish when claim is made for reimbursement thereunder, that the employer had knowledge of the permanent physical impairment at the time that the employee was hired, or at the time the employee was retained in employment after the employer acquired such knowledge. Provided, however, However, the employer may qualify for reimbursement hereunder upon proof that he did not have prior knowledge of the employee's preexisting physical impairment because the existence of such the condition was concealed by the employee or was unknown to the employee."
SECTION 23. Section 42-9-410(d) of the 1976 Code is amended to read:
"(d) In order to receive additional benefits from the Second Injury Fund as permitted by Sections 42-9-150 and 42-9-170, the employer shall establish that he had notice knowledge of the employee's preexisting permanent physical impairment prior to the time of the subsequent injury by accident, unless the employer can establish that the employee had no knowledge of such preexisting impairment he did not have prior knowledge of the employee's preexisting physical impairment because the existence of the condition was concealed by the employee."
SECTION 24. Section 38-90-10(3), (10), (11), (12), (18), (19), and (20) of the 1976 Code, as last amended by Act 228 of 2002, is further amended to read:
"(3) 'Association' means a legal association of individuals, corporations, limited liability companies, partnerships, or associations that has been in continuous existence for at least one year:
(a) the member organizations of which collectively, or which does itself:
(i) own, control, or hold with power to vote all of the outstanding voting securities of an association captive insurance company incorporated as a stock insurer or organized as a limited liability company; or
(ii) have complete voting control over an association captive insurance company incorporated organized as a mutual insurer; or
(b) the member organizations of which collectively constitute all of the subscribers of an association captive insurance company formed as a reciprocal insurer.
(10) 'Consolidated debt to total capital ratio' means the ratio of the sum of (a) all debts and hybrid capital instruments including, but not limited to, all borrowings from banks, all senior debt, all subordinated debts, all trust preferred shares, and all other hybrid capital instruments that are not included in the determination of consolidated GAAP net worth issued and outstanding to (b) total capital, consisting of all debts and hybrid capital instruments as described in subitem (a) plus shareholders' owners' equity determined in accordance with GAAP for reporting to the United States Securities and Exchange Commission.
(11) 'Consolidated GAAP net worth' means the consolidated shareholders' owners' equity determined in accordance with GAAP for reporting to the United States Securities and Exchange Commission.
(12) 'Controlled unaffiliated business' means a company:
(a) that is not in the corporate system of a parent and affiliated companies;
(b) that has an existing contractual relationship with a parent or affiliated company; and
(c) whose risks are managed by a pure captive insurance company in accordance with Section 38-90-190.
(18) 'Industrial insured group' means a group that meets either of the following criteria:
(a) a group of industrial insureds that collectively:
(i) own, control, or hold with power to vote all of the outstanding voting securities of an industrial insured captive insurance company incorporated as a stock insurer or limited liability company; or
(ii) have complete voting control over an industrial insured captive insurance company incorporated as a mutual insurer; or
(b) a group which is created under the Liability Risk Retention Act of 1986 15 U.S.C. Section 3901, et seq., as amended, as a corporation or other limited liability association taxable as a stock insurance company or a mutual insurer under this title.
(19) 'Member organization' means any individual, corporation, limited liability company, partnership, or association that belongs to an association.
(20) 'Parent' means any corporation, limited liability company, partnership, or individual that directly or indirectly owns, controls, or holds with power to vote more than fifty percent of the outstanding voting securities of a pure captive insurance company."
SECTION 25. Section 38-90-20 of the 1976 Code, as last amended by Act 228 of 2002, is further amended to read:
"Section 38-90-20. (A) A captive insurance company, when permitted by its articles of incorporation, articles of organization, operating agreement, or charter, may apply to the director for a license to do any and all insurance, except workers' compensation insurance, authorized by this title; however:
(1) a pure captive insurance company may not insure any risks other than those of its parent, affiliated companies, controlled unaffiliated business, or a combination thereof of them;
(2) an association captive insurance company may not insure any risks other than those of the member organizations of its association and their affiliated companies;
(3) an industrial insured captive insurance company may not insure any risks other than those of the industrial insureds that comprise the industrial insured group and their affiliated companies;
(4) in general, a special purpose captive insurance company may only may insure the risks of its parent. Notwithstanding any other provisions of this chapter, a special purpose captive insurance company may provide insurance or reinsurance, or both, for risks as approved by the director;
(5) a captive insurance company may not provide personal motor vehicle or homeowner's insurance coverage or any component of these coverages;
(6) a captive insurance company may not accept or cede reinsurance except as provided in Section 38-90-110.
(B) To conduct insurance business in this State a captive insurance company shall:
(1) obtain from the director a license authorizing it to conduct insurance business in this State;
(2) hold at least one board of directors meeting, or in the case of a reciprocal insurer, a subscriber's advisory committee meeting, or in the case of a limited liability company a meeting of the managing board, each year in this State;
(3) maintain its principal place of business in this State, or in the case of a branch captive insurance company, maintain the principal place of business for its branch operations in this State; and
(4) appoint a resident registered agent to accept service of process and to otherwise act on its behalf in this State. In the case of a captive insurance company:
(a) formed as a corporation or a limited liability company, whenever the registered agent cannot with reasonable diligence be found at the registered office of the captive insurance company, the director must be an agent of the captive insurance company upon whom any process, notice, or demand may be served;
(b) formed as a reciprocal insurer, whenever the registered agent cannot with reasonable diligence be found at the registered office of the captive insurance company, the director must be an agent of the captive insurance company upon whom any process, notice, or demand may be served.
(C)(1) Before receiving a license, a captive insurance company:
(a) formed as a corporation, shall file with the director a certified copy of its charter and bylaws, a statement under oath of its president and secretary showing its financial condition, and any other statements or documents required by the director;
(b) formed as a limited liability company, shall file with the director a certified copy of its articles of organization and operating agreement, a statement under oath by its managers showing its financial condition, and any other statements or documents required by the director;
(c) formed as a reciprocal shall:
(i) file with the director a certified copy of the power of attorney of its attorney-in-fact, a certified copy of its subscribers' agreement, a statement under oath of its attorney-in-fact showing its financial condition and any other statements or documents required by the director; and
(ii) submit to the director for approval a description of the coverages, deductibles, coverage limits, and rates and any other information the director may reasonably require. If there is a subsequent material change in an item in the description, the reciprocal captive insurance company shall submit to the director for approval an appropriate revision and may not offer any additional kinds of insurance until a revision of the description is approved by the director. The reciprocal captive insurance company shall inform the director of any material change in rates within thirty days of the adoption of the change.
(2) In addition to the information required by (C)(1), an applicant captive insurance company shall file with the director evidence of:
(a) the amount and liquidity of its assets relative to the risks to be assumed;
(b) the adequacy of the expertise, experience, and character of the person or persons who will manage it;
(c) the overall soundness of its plan of operation;
(d) the adequacy of the loss prevention programs of its parent, member organizations, or industrial insureds as applicable; and
(e) such other factors considered relevant by the director in ascertaining whether the proposed captive insurance company will be able to meet its policy obligations.
(3) In addition to the information required by (C)(1) and (C)(2) an applicant sponsored captive insurance company shall file with the director:
(a) a business plan demonstrating how the applicant will account for the loss and expense experience of each protected cell at a level of detail found to be sufficient by the director, and how it will report the experience to the director;
(b) a statement acknowledging that all financial records of the sponsored captive insurance company, including records pertaining to any protected cells, must be made available for inspection or examination by the director;
(c) all contracts or sample contracts between the sponsored captive insurance company and any participants; and
(d) evidence that expenses will be allocated to each protected cell in an equitable manner.
(4) Information submitted pursuant to this subsection is confidential and may not be made public by the director or an agent or employee of the director without the written consent of the company, except that:
(a) information may be discoverable by a party in a civil action or contested case to which the captive insurance company that submitted the information is a party, upon a showing by the party seeking to discover the information that:
(i) the information sought is relevant to and necessary for the furtherance of the action or case;
(ii) the information sought is unavailable from other nonconfidential sources; and
(iii) a subpoena issued by a judicial or administrative officer of competent jurisdiction has been submitted to the director; however, the provisions of subsection (C)(4) do not apply to an industrial insured captive insurance company insuring the risks of an industrial insured group; and
(b) the director may disclose the information to a public officer having jurisdiction over the regulation of insurance in another state if:
(i) the public official agrees in writing to maintain the confidentiality of the information; and
(ii) the laws of the state in which the public official serves require the information to be confidential.
(D)(1) A captive insurance company shall pay to the department a nonrefundable fee of two hundred dollars for examining, investigating, and processing its application for license, and. In addition, the director may retain legal, financial, and examination services from outside the department to examine and investigate the application, the reasonable cost of which may be charged against the applicant or the director may use internal resources to examine and investigate the application for a fee of two thousand four hundred dollars.
(2) Section 38-13-60 applies to examinations, investigations, and processing conducted under pursuant to the authority of this section.
(3) In addition, a captive insurance company shall pay a license fee for the year of registration of three hundred dollars and a an annual renewal fee of three five hundred dollars.
(4) The department may charge a fifteen-dollar fee for any document requiring certification of authenticity or the signature of the director or his designee.
(E) If the director is satisfied that the documents and statements filed by the captive insurance company comply with the provisions of this chapter, the director may grant a license authorizing the company to do insurance business in this State until March 1 first at which time the license may be renewed.
(F) The terms and conditions set forth in Section 38-5-170 apply in full to captive insurance companies licensed under this chapter."
SECTION 26. Section 38-90-40(A) of the 1976 Code, as last amended by Act 188 of 2002, is further amended to read:
"(A) The director may not issue a license to a captive insurance company unless the company possesses and thereafter maintains unimpaired paid-in capital of:
(1) in the case of a pure captive insurance company, not less than one hundred thousand dollars;
(2) in the case of an association captive insurance company incorporated as a stock insurer or organized as a limited liability company, not less than four hundred thousand dollars;
(3) in the case of an industrial insured captive insurance company incorporated as a stock insurer or organized as a limited liability company, not less than two hundred thousand dollars;
(4) in the case of a sponsored captive insurance company, not less than five hundred thousand dollars;
(5) in the case of a special purpose captive insurance company, an amount determined by the director after giving due consideration to the company's business plan, feasibility study, and pro-formas, including the nature of the risks to be insured.
The capital may be in the form of cash, cash equivalent, or an irrevocable letter of credit issued by a bank chartered by this State or a member bank of the Federal Reserve System and approved by the director."
SECTION 27. Section 38-90-50(A) of the 1976 Code, as last amended by Act 188 of 2002, is further amended to read:
"(A) The director may not issue a license to a captive insurance company unless the company possesses and thereafter maintains free surplus of:
(1) in the case of a pure captive insurance company, not less that one hundred fifty thousand dollars;
(2) in the case of an association captive insurance company incorporated as a stock insurer or organized as a limited liability company, not less than three hundred fifty thousand dollars;
(3) in the case of an industrial insured captive insurance company incorporated as a stock insurer or organized as a limited liability company, not less than three hundred thousand dollars;
(4) in the case of an association captive insurance company incorporated as a mutual insurer, not less than seven hundred fifty thousand dollars;
(5) in the case of an industrial insured captive insurance company incorporated as a mutual insurer, not less than five hundred thousand dollars;
(6) in the case of a sponsored captive insurance company, not less than five hundred thousand dollars; and
(7) in the case of a special purpose captive insurance company, an amount determined by the director after giving due consideration to the company's business plan, feasibility study, and pro-formas, including the nature of the risks to be insured.
The surplus may be in the form of cash, cash equivalent, or an irrevocable letter of credit issued by a bank chartered by this State or a member bank of the Federal Reserve System and approved by the director."
SECTION 28. Section 38-90-60 of the 1976 Code, as last amended by Act 82 of 2001, is further amended to read:
"Section 38-90-60. (A) A pure captive insurance company or a sponsored captive insurance company must may be:
(1) incorporated as a stock insurer with its capital divided into shares and held by the stockholders; or
(2) organized as a limited liability company with its capital divided into capital accounts and held by its members.
(B) An association captive insurance company or an industrial insured captive insurance company may be:
(1) incorporated as a stock insurer with its capital divided into shares and held by the stockholders;
(2) organized as a limited liability company with its capital divided into capital accounts and held by its members;
(3) incorporated as a mutual insurer without capital stock, the governing body of which is elected by the member organizations of its association; or
(3)(4) organized as a reciprocal insurer in accordance with Chapter 17.
(C) A captive insurance company may not have fewer than three incorporators or organizers of whom not fewer than two must be residents of this State.
(D) In the case of a captive insurance company formed as a corporation or a limited liability company, before the articles of incorporation or articles of organization are transmitted to the Secretary of State, the incorporators or organizers shall petition the director to issue a certificate setting forth a finding that the establishment and maintenance of the proposed corporation entity will promote the general good of the State. In arriving at this finding the director shall consider:
(1) the character, reputation, financial standing, and purposes of the incorporators or organizers;
(2) the character, reputation, financial responsibility, insurance experience, and business qualifications of the officers and directors or managers; and
(3) other aspects as the director considers advisable.
(E) The articles of incorporation or articles of organization, the certificate issued pursuant to subsection (D), and the organization fees required by Section 33-1-220 must be transmitted to the Secretary of State, who shall record both the articles of incorporation or articles of organization and the certificate.
(F) In the case of a captive insurance company formed as a reciprocal insurer, the organizers shall petition the director, to issue a certificate setting forth the director's finding that the establishment and maintenance of the proposed association will promote the general good of the State. In arriving at this finding the director shall consider:
(1) the character, reputation, financial standing, and purposes of the incorporators or organizers;
(2) the character, reputation, financial responsibility, insurance experience, and business qualifications of the officers and directors or managers; and
(3) other aspects the director considers advisable.
(G) In the case of a captive insurance company licensed as a branch captive insurance company, the alien captive insurance company shall petition the director to issue a certificate setting forth the director's finding that, after considering the character, reputation, financial responsibility, insurance experience, and business qualifications of the officers and directors or managers of the alien captive insurance company, the licensing and maintenance of the branch operations will promote the general good of the State. The alien captive insurance company may register to do business in this State after the director's certificate has been issued.
(H) The capital stock or membership interests of a captive insurance company incorporated as a stock insurer or limited liability company must be issued at not less than par value.
(I) In the case of a captive insurance company formed as a corporation, at least one of the members of the board of directors of a captive insurance company incorporated in this State must be a resident of this State.
(J) In the case of a captive insurance company formed as a limited liability company, at least one of the managers of the captive insurance company must be a resident of this State.
(K) In the case of a captive insurance company formed as a reciprocal insurer, at least one of the members of the subscribers' advisory committee must be a resident of this State.
(K)(L) A captive insurance company formed as a corporation or a limited liability company, under pursuant to the provisions of this chapter has the privileges and is subject to the provisions of the general corporation law, including the Uniform Limited Liability Company Act of 1996 for limited liability companies, as well as the applicable provisions contained in this chapter. If a conflict occurs between a provision of the general corporation law, including the Uniform Limited Liability Company Act of 1996 for limited liability companies, and a provision of this chapter, the latter controls. The provisions of this title pertaining to mergers, consolidations, conversions, mutualizations, and redomestications apply in determining the procedures to be followed by a captive insurance company in carrying out any of the transactions described in those provisions, except the director may waive or modify the requirements for public notice and hearing in accordance with regulations which the director may promulgate addressing categories of transactions. If a notice of public hearing is required, but no one requests a hearing, the director may cancel the hearing.
(L)(M)(1) A captive insurance company formed as a reciprocal insurer under pursuant to the provisions of this chapter has the privileges and is subject to Chapter 17 in addition to the applicable provisions of this chapter. If a conflict occurs between the provisions of Chapter 17 and the provisions of this chapter, the latter controls. To the extent a reciprocal insurer is made subject to other provisions of this title pursuant to Chapter 17, the provisions are not applicable to a reciprocal insurer formed under pursuant to the provisions of this chapter unless the provisions are expressly made applicable to a captive insurance company under pursuant to the provisions this chapter.
(2) In addition to the provisions of (L) item (1), a captive insurance company organized as a reciprocal insurer that is an industrial insured group has the privileges and is subject to the provisions of Chapter 17 in addition to applicable provisions of this title.
(M)(N) The articles of incorporation or bylaws of a captive insurance company may authorize a quorum of a board of directors to consist of no fewer than one-third of the fixed or prescribed number of directors as provided for in Section 33-8-240(b). In the case of a limited liability company, the articles of organization or operating agreement of a captive insurance company may authorize a quorum to consist of no fewer than one-third of the managers required by the articles of organization or the operating agreement."
SECTION 29. Section 38-90-140(A), (B), and (F) of the 1976 Code, as last amended by Act 82 of 2001, is further amended to read:
"(A) A captive insurance company shall pay to the department by March 1 first of each year, a tax at the rate of four-tenths of one percent on the first twenty million dollars and three-tenths of one percent on the next twenty million dollars and two-tenths of one percent on the next twenty million dollars and seventy-five thousandths of one percent on each dollar thereafter after that, up to a maximum tax of one hundred thousand dollars. Taxes are based on the direct premiums collected written or contracted for on policies or contracts of insurance written by the captive insurance company during the year ending December 31 thirty-first next preceding, after deducting from the direct premiums subject to the tax the amounts paid to policyholders as return premiums which shall must include dividends on unabsorbed premiums or premium deposits returned or credited to policyholders.
(B) A captive insurance company shall pay to the department by March 1 first of each year, a tax at the rate of two hundred and twenty-five thousandths of one percent on the first twenty million dollars of assumed reinsurance premium, and one hundred fifty thousandths of one percent on the next twenty million dollars and fifty thousandths of one percent on the next twenty million dollars and twenty-five thousandths of one percent of each dollar thereafter of assumed reinsurance premium after that up to a maximum tax of one hundred thousand dollars. However, no reinsurance tax applies to premiums for risks or portions of risks which are subject to taxation on a direct basis pursuant to subsection (A). A premium tax is not payable in connection with the receipt of assets in exchange for the assumption of loss reserves and other liabilities of another insurer under common ownership and control if the transaction is part of a plan to discontinue the operations of the other insurer and if the intent of the parties to the transaction is to renew or maintain business with the captive insurance company.
(F) For the purposes of this section, 'common ownership and control' means:
(1) in the case of stock corporations or limited liability companies, the direct or indirect ownership of eighty percent or more of the outstanding voting stock or membership interests of two or more corporations or limited liability companies by the same shareholder or shareholders person or entity; and
(2) in the case of mutual corporations, the direct or indirect ownership of eighty percent or more of the surplus and the voting power of two or more corporations by the same member or members."
SECTION 30. Section 38-90-200 of the 1976 Code is amended to read:
"Section 38-90-200. (A) An association captive insurance company or industrial insured group formed as a stock or mutual corporation, or a limited liability company may be converted to or merged with and into a reciprocal insurer in accordance with a plan and the provisions of this section.
(B) A plan for this conversion or merger:
(1) must be fair and equitable to the:
(a) shareholders, in the case of a stock insurer,;
(b) members, in the case of a limited liability company; or
(c) the policyholders, in the case of a mutual insurer; and
(2) shall must provide for the purchase of the shares of any nonconsenting shareholder of a stock insurer, of the member interest of any nonconsenting member of a limited liability company, of the policyholder interest of any nonconsenting policyholder of a mutual insurer in substantially the same manner and subject to the same rights and conditions as are accorded a dissenting shareholder, dissenting member, or a dissenting policyholder under pursuant to the provisions of Chapter 13 or Chapter 44, Title 33. Provided, however, that the merger of a limited liability company requires the consent of all members unless this requirement has been waived in an operating agreement signed by all of the members of the limited liability company.
(C) In the case of a conversion authorized under pursuant to the provisions of subsection (A):
(1) the conversion must be accomplished under a reasonable plan and procedure as may be approved by the director; however, the director may not approve the plan of conversion unless the plan:
(a) satisfies the provisions of subsection (B);
(b) provides for a hearing, of which notice has been given to the insurer, its directors, officers and stockholders, in the case of a stock insurer,; members and managers, in the case of a limited liability company; or policyholders, in the case of a mutual insurer, all of whom have the right to appear at the hearing, except that the director may waive or modify the requirements for the hearing; however, if a notice of hearing is required, but no hearing is requested, the director may cancel the hearing;
(c) provides for the conversion of existing stockholder, member, or policyholder interests into subscriber interests in the resulting reciprocal insurer, proportionate to stockholder, member, or policyholder interests in the stock or mutual insurer or limited liability company; and
(d) is approved:
(i) in the case of a stock insurer or limited liability company, by a majority of the shares or interests entitled to vote represented in person or by proxy at a duly called regular or special meeting at which a quorum is present;
(ii) in the case of a mutual insurer, by a majority of the voting interests of policyholders represented in person or by proxy at a duly called regular or special meeting at which a quorum is present;
(2) the director shall approve the plan of conversion if the director finds that the conversion will promote the general good of the State in conformity with those standards set forth provided in Section 38-90-60(2);
(3) if the director approves the plan, the director shall amend the converting insurer's certificate of authority to reflect conversion to a reciprocal insurer and issue the amended certificate of authority to the company's attorney-in-fact;
(4) upon issuance of an amended certificate of authority of a reciprocal insurer by the director, the conversion is effective; and
(5) upon the effectiveness of the conversion, the corporate existence of the converting insurer shall cease and the resulting reciprocal insurer shall notify the Secretary of State of the conversion.
(D) A merger authorized under pursuant to the provisions of subsection (A) must be accomplished substantially in accordance with the procedures set forth provided in this title except that, solely only for purposes of the merger:
(1) the plan or merger shall must satisfy subsection (B);
(2) the subscribers' advisory committee of a reciprocal insurer must be equivalent to the board of directors of a stock or mutual insurance company or the managers of a limited liability company;
(3) the subscribers of a reciprocal insurer must be the equivalent of the policyholders of a mutual insurance company;
(4) if a subscribers' advisory committee does not have a president or secretary, the officers of the committee having substantially equivalent duties are deemed considered the president and secretary of the committee;
(5) the director shall approve the articles of merger if the director finds that the merger will promote the general good of the State in conformity with those standards set forth provided in Section 38-90-60(D)(2). If the director approves the articles of merger, the director shall endorse his or her approval on the articles and the surviving insurer shall present the name to the Secretary of State at the Secretary of State's office;
(6) notwithstanding Section 38-90-40, the director may permit the formation, without surplus, of a captive insurance company organized as a reciprocal insurer, into which an existing captive insurance company may be merged for the purpose of facilitating a transaction under provided for in this section; however, there may be no more than one authorized insurance company surviving the merger;
(7) an alien insurer may be a party to a merger authorized under pursuant to the provisions of subsection (A) if the requirements for the merger between a domestic and a foreign insurer under pursuant to the provisions of Chapter 21 apply to a merger between a domestic and an alien insurer under provided by this subsection. The alien insurer must be treated as a foreign insurer under pursuant to the provisions of Chapter 21 and other jurisdictions must be the equivalent of a state for purposes of Chapter 21.
(E) A conversion or merger under pursuant to the provisions of this section has all the effects set forth in Chapter 21, to the extent these effects are not inconsistent with this chapter."
SECTION 31. A. Section 38-90-10(3), (10), (11), (12), (18), (19), and (20) of the 1976 Code, as last amended by Act 228 of 2002, is further amended to read:
"(3) 'Association' means a legal association of individuals, corporations, limited liability companies, partnerships, or associations that has been in continuous existence for at least one year:
(a) the member organizations of which collectively, or which does itself:
(i) own, control, or hold with power to vote all of the outstanding voting securities of an association captive insurance company incorporated as a stock insurer or organized as a limited liability company; or
(ii) have complete voting control over an association captive insurance company incorporated organized as a mutual insurer; or
(b) the member organizations of which collectively constitute all of the subscribers of an association captive insurance company formed as a reciprocal insurer.
(10) 'Consolidated debt to total capital ratio' means the ratio of the sum of (a) all debts and hybrid capital instruments including, but not limited to, all borrowings from banks, all senior debt, all subordinated debts, all trust preferred shares, and all other hybrid capital instruments that are not included in the determination of consolidated GAAP new worth issued and outstanding to (b) total capital, consisting of all debts and hybrid capital instruments as described in subitem (a) plus shareholders' owners' equity determined in accordance with GAAP for reporting to the United States Securities and Exchange Commission.
(11) 'Consolidated GAAP net worth' means the consolidated shareholders' owners' equity determined in accordance with GAAP for reporting to the United States Securities and Exchange Commission.
(12) 'Controlled unaffiliated business' means a company:
(a) that is not in the corporate system of a parent and affiliated companies;
(b) that has an existing contractual relationship with a parent or affiliated company; and
(c) whose risks are managed by a pure captive insurance company in accordance with Section 38-90-190.
(18) 'Industrial insured group' means a group that meets either of the following criteria:
(a) a group of industrial insureds that collectively:
(i) own, control, or hold with power to vote all of the outstanding voting securities of an industrial insured captive insurance company incorporated as a stock insurer or limited liability company; or
(ii) have complete voting control over an industrial insured captive insurance company incorporated as a mutual insurer; or
(b) a group which is created under the Liability Risk Retention Act of 1986 15 U.S.C. Section 3901, et seq., as amended, as a corporation or other limited liability association taxable as a stock insurance company or a mutual insurer under this title.
(19) 'Member organization' means any individual, corporation, limited liability company, partnership, or association that belongs to an association.
(20) 'Parent' means any corporation, limited liability company, partnership, or individual that directly or indirectly owns, controls, or holds with power to vote more than fifty percent of the outstanding voting securities of a pure captive insurance company."
B. Section 38-90-20 of the 1976 Code, as last amended by Act 228 of 2002, is further amended to read:
"Section 38-90-20. (A) A captive insurance company, when permitted by its articles of incorporation, articles of organization, operating agreement, or charter, may apply to the director for a license to do any and all insurance, except workers' compensation insurance, authorized by this title; however:
(1) a pure captive insurance company may not insure any risks other than those of its parent, affiliated companies, controlled unaffiliated business, or a combination thereof of them;
(2) an association captive insurance company may not insure any risks other than those of the member organizations of its association and their affiliated companies;
(3) an industrial insured captive insurance company may not insure any risks other than those of the industrial insureds that comprise the industrial insured group and their affiliated companies;
(4) in general, a special purpose captive insurance company may only may insure the risks of its parent. Notwithstanding any other provisions of this chapter, a special purpose captive insurance company may provide insurance or reinsurance, or both, for risks as approved by the director;
(5) a captive insurance company may not provide personal motor vehicle or homeowner's insurance coverage or any component of these coverages;
(6) a captive insurance company may not accept or cede reinsurance except as provided in Section 38-90-110.
(B) To conduct insurance business in this State a captive insurance company shall:
(1) obtain from the director a license authorizing it to conduct insurance business in this State;
(2) hold at least one board of directors meeting, or in the case of a reciprocal insurer, a subscriber's advisory committee meeting, or in the case of a limited liability company a meeting of the managing board, each year in this State;
(3) maintain its principal place of business in this State, or in the case of a branch captive insurance company, maintain the principal place of business for its branch operations in this State; and
(4) appoint a resident registered agent to accept service of process and to otherwise act on its behalf in this State. In the case of a captive insurance company:
(a) formed as a corporation or a limited liability company, whenever the registered agent cannot with reasonable diligence be found at the registered office of the captive insurance company, the director must be an agent of the captive insurance company upon whom any process, notice, or demand may be served;
(b) formed as a reciprocal insurer, whenever the registered agent cannot with reasonable diligence be found at the registered office of the captive insurance company, the director must be an agent of the captive insurance company upon whom any process, notice, or demand may be served.
(C)(1) Before receiving a license, a captive insurance company:
(a) formed as a corporation, shall file with the director a certified copy of its charter and bylaws, a statement under oath of its president and secretary showing its financial condition, and any other statements or documents required by the director;
(b) formed as a limited liability company, shall file with the director a certified copy of its articles of organization and operating agreement, a statement under oath by its managers showing its financial condition, and any other statements or documents required by the director;
(c) formed as a reciprocal shall:
(i) file with the director a certified copy of the power of attorney of its attorney-in-fact, a certified copy of its subscribers' agreement, a statement under oath of its attorney-in-fact showing its financial condition and any other statements or documents required by the director; and
(ii) submit to the director for approval a description of the coverages, deductibles, coverage limits, and rates and any other information the director may reasonably require. If there is a subsequent material change in an item in the description, the reciprocal captive insurance company shall submit to the director for approval an appropriate revision and may not offer any additional kinds of insurance until a revision of the description is approved by the director. The reciprocal captive insurance company shall inform the director of any material change in rates within thirty days of the adoption of the change.
(2) In addition to the information required by (C)(1), an applicant captive insurance company shall file with the director evidence of:
(a) the amount and liquidity of its assets relative to the risks to be assumed;
(b) the adequacy of the expertise, experience, and character of the person or persons who will manage it;
(c) the overall soundness of its plan of operation;
(d) the adequacy of the loss prevention programs of its parent, member organizations, or industrial insureds as applicable; and
(e) such other factors considered relevant by the director in ascertaining whether the proposed captive insurance company will be able to meet its policy obligations.
(3) In addition to the information required by (C)(1) and (C)(2) an applicant sponsored captive insurance company shall file with the director:
(a) a business plan demonstrating how the applicant will account for the loss and expense experience of each protected cell at a level of detail found to be sufficient by the director, and how it will report the experience to the director;
(b) a statement acknowledging that all financial records of the sponsored captive insurance company, including records pertaining to any protected cells, must be made available for inspection or examination by the director;
(c) all contracts or sample contracts between the sponsored captive insurance company and any participants; and
(d) evidence that expenses will be allocated to each protected cell in an equitable manner.
(4) Information submitted pursuant to this subsection is confidential and may not be made public by the director or an agent or employee of the director without the written consent of the company, except that:
(a) information may be discoverable by a party in a civil action or contested case to which the captive insurance company that submitted the information is a party, upon a showing by the party seeking to discover the information that:
(i) the information sought is relevant to and necessary for the furtherance of the action or case;
(ii) the information sought is unavailable from other nonconfidential sources; and
(iii) a subpoena issued by a judicial or administrative officer of competent jurisdiction has been submitted to the director; however, the provisions of subsection (C)(4) do not apply to an industrial insured captive insurance company insuring the risks of an industrial insured group; and
(b) the director may disclose the information to a public officer having jurisdiction over the regulation of insurance in another state if:
(i) the public official agrees in writing to maintain the confidentiality of the information; and
(ii) the laws of the state in which the public official serves require the information to be confidential.
(D)(1) A captive insurance company shall pay to the department a nonrefundable fee of two hundred dollars for examining, investigating, and processing its application for license, and. In addition, the director may retain legal, financial, and examination services from outside the department to examine and investigate the application, the reasonable cost of which may be charged against the applicant or the director may use internal resources to examine and investigate the application for a fee of two thousand four hundred dollars.
(2) Section 38-13-60 applies to examinations, investigations, and processing conducted under pursuant to the authority of this section.
(3) In addition, a captive insurance company shall pay a license fee for the year of registration of three hundred dollars and a an annual renewal fee of three five hundred dollars.
(4) The department may charge a fifteen dollar fee for any document requiring certification of authenticity or the signature of the director or his designee.
(E) If the director is satisfied that the documents and statements filed by the captive insurance company comply with the provisions of this chapter, the director may grant a license authorizing the company to do insurance business in this State until March 1 first at which time the license may be renewed.
(F) The terms and conditions set forth in Section 38-5-170 apply in full to captive insurance companies licensed under this chapter."
C. Section 38-90-40(A) of the 1976 Code, as last amended by Act 188 of 2002, is further amended to read:
"(A) The director may not issue a license to a captive insurance company unless the company possesses and thereafter maintains unimpaired paid-in capital of:
(1) in the case of a pure captive insurance company, not less than one hundred thousand dollars;
(2) in the case of an association captive insurance company incorporated as a stock insurer or organized as a limited liability company, not less than four hundred thousand dollars;
(3) in the case of an industrial insured captive insurance company incorporated as a stock insurer or organized as a limited liability company, not less than two hundred thousand dollars;
(4) in the case of a sponsored captive insurance company, not less than five hundred thousand dollars;
(5) in the case of a special purpose captive insurance company, an amount determined by the director after giving due consideration to the company's business plan, feasibility study, and pro-formas, including the nature of the risks to be insured.
The capital may be in the form of cash, cash equivalent, or an irrevocable letter of credit issued by a bank chartered by this State or a member bank of the Federal Reserve System and approved by the director."
D. Section 38-90-50(A) of the 1976 Code, as last amended by Act 188 of 2002, is further amended to read:
"(A) The director may not issue a license to a captive insurance company unless the company possesses and thereafter maintains free surplus of:
(1) in the case of a pure captive insurance company, not less that one hundred fifty thousand dollars;
(2) in the case of an association captive insurance company incorporated as a stock insurer or organized as a limited liability company, not less than three hundred fifty thousand dollars;
(3) in the case of an industrial insured captive insurance company incorporated as a stock insurer or organized as a limited liability company, not less than three hundred thousand dollars;
(4) in the case of an association captive insurance company incorporated as a mutual insurer, not less than seven hundred fifty thousand dollars;
(5) in the case of an industrial insured captive insurance company incorporated as a mutual insurer, not less than five hundred thousand dollars;
(6) in the case of a sponsored captive insurance company, not less than five hundred thousand dollars; and
(7) in the case of a special purpose captive insurance company, an amount determined by the director after giving due consideration to the company's business plan, feasibility study, and pro-formas, including the nature of the risks to be insured.
The surplus may be in the form of cash, cash equivalent, or an irrevocable letter of credit issued by a bank chartered by this State or a member bank of the Federal Reserve System and approved by the director."
E. Section 38-90-60 of the 1976 Code, as last amended by Act 82 of 2001, is further amended to read:
"Section 38-90-60. (A) A pure captive insurance company or a sponsored captive insurance company must may be:
(1) incorporated as a stock insurer with its capital divided into shares and held by the stockholders; or
(2) organized as a limited liability company with its capital divided into capital accounts and held by its members.
(B) An association captive insurance company or an industrial insured captive insurance company may be:
(1) incorporated as a stock insurer with its capital divided into shares and held by the stockholders;
(2) organized as a limited liability company with its capital divided into capital accounts and held by its members;
(3) incorporated as a mutual insurer without capital stock, the governing body of which is elected by the member organizations of its association; or
(3)(4) organized as a reciprocal insurer in accordance with Chapter 17.
(C) A captive insurance company may not have fewer than three incorporators or organizers of whom not fewer than two must be residents of this State.
(D) In the case of a captive insurance company formed as a corporation or a limited liability company, before the articles of incorporation or articles of organization are transmitted to the Secretary of State, the incorporators or organizers shall petition the director to issue a certificate setting forth a finding that the establishment and maintenance of the proposed corporation entity will promote the general good of the State. In arriving at this finding the director shall consider:
(1) the character, reputation, financial standing, and purposes of the incorporators or organizers;
(2) the character, reputation, financial responsibility, insurance experience, and business qualifications of the officers and directors or managers; and
(3) other aspects as the director considers advisable.
(E) The articles of incorporation or articles of organization, the certificate issued pursuant to subsection (D), and the organization fees required by Section 33-1-220 must be transmitted to the Secretary of State, who shall record both the articles of incorporation or articles of organization and the certificate.
(F) In the case of a captive insurance company formed as a reciprocal insurer, the organizers shall petition the director, to issue a certificate setting forth the director's finding that the establishment and maintenance of the proposed association will promote the general good of the State. In arriving at this finding the director shall consider:
(1) the character, reputation, financial standing, and purposes of the incorporators or organizers;
(2) the character, reputation, financial responsibility, insurance experience, and business qualifications of the officers and directors or managers; and
(3) other aspects the director considers advisable.
(G) In the case of a captive insurance company licensed as a branch captive insurance company, the alien captive insurance company shall petition the director to issue a certificate setting forth the director's finding that, after considering the character, reputation, financial responsibility, insurance experience, and business qualifications of the officers and directors or managers of the alien captive insurance company, the licensing and maintenance of the branch operations will promote the general good of the State. The alien captive insurance company may register to do business in this State after the director's certificate has been issued.
(H) The capital stock or membership interests of a captive insurance company incorporated as a stock insurer or limited liability company must be issued at not less than par value.
(I) In the case of a captive insurance company formed as a corporation, at least one of the members of the board of directors of a captive insurance company incorporated in this State must be a resident of this State.
(J) In the case of a captive insurance company formed as a limited liability company, at least one of the managers of the captive insurance company must be a resident of this State.
(K) In the case of a captive insurance company formed as a reciprocal insurer, at least one of the members of the subscribers' advisory committee must be a resident of this State.
(K)(L) A captive insurance company formed as a corporation or a limited liability company, under pursuant to the provisions of this chapter has the privileges and is subject to the provisions of the general corporation law, including the Uniform Limited Liability Company Act of 1996 for limited liability companies, as well as the applicable provisions contained in this chapter. If a conflict occurs between a provision of the general corporation law, including the Uniform Limited Liability Company Act of 1996 for limited liability companies, and a provision of this chapter, the latter controls. The provisions of this title pertaining to mergers, consolidations, conversions, mutualizations, and redomestications apply in determining the procedures to be followed by a captive insurance company in carrying out any of the transactions described in those provisions, except the director may waive or modify the requirements for public notice and hearing in accordance with regulations which the director may promulgate addressing categories of transactions. If a notice of public hearing is required, but no one requests a hearing, the director may cancel the hearing.
(L)(M)(1) A captive insurance company formed as a reciprocal insurer under pursuant to the provisions of this chapter has the privileges and is subject to Chapter 17 in addition to the applicable provisions of this chapter. If a conflict occurs between the provisions of Chapter 17 and the provisions of this chapter, the latter controls. To the extent a reciprocal insurer is made subject to other provisions of this title pursuant to Chapter 17, the provisions are not applicable to a reciprocal insurer formed under pursuant to the provisions of this chapter unless the provisions are expressly made applicable to a captive insurance company under pursuant to the provisions this chapter.
(2) In addition to the provisions of (L) item (1), a captive insurance company organized as a reciprocal insurer that is an industrial insured group has the privileges and is subject to the provisions of Chapter 17 in addition to applicable provisions of this title.
(M)(N) The articles of incorporation or bylaws of a captive insurance company may authorize a quorum of a board of directors to consist of no fewer than one-third of the fixed or prescribed number of directors as provided for in Section 33-8-240(b). In the case of a limited liability company, the articles of organization or operating agreement of a captive insurance company may authorize a quorum to consist of no fewer than one-third of the managers required by the articles of organization or the operating agreement."
F. Section 38-90-140(A), (B), and (F) of the 1976 Code, as last amended by Act 82 of 2001, is further amended to read:
"(A) A captive insurance company shall pay to the department by March 1 first of each year, a tax at the rate of four-tenths of one percent on the first twenty million dollars and three-tenths of one percent on the next twenty million dollars and two-tenths of one percent on the next twenty million dollars and seventy-five thousandths of one percent on each dollar thereafter after that, up to a maximum tax of one hundred thousand dollars. Taxes are based on the direct premiums collected written or contracted for on policies or contracts of insurance written by the captive insurance company during the year ending December 31 thirty-first next preceding, after deducting from the direct premiums subject to the tax the amounts paid to policyholders as return premiums which shall must include dividends on unabsorbed premiums or premium deposits returned or credited to policyholders.
(B) A captive insurance company shall pay to the department by March 1 first of each year, a tax at the rate of two hundred and twenty-five thousandths of one percent on the first twenty million dollars of assumed reinsurance premium, and one hundred fifty thousandths of one percent on the next twenty million dollars and fifty thousandths of one percent on the next twenty million dollars and twenty-five thousandths of one percent of each dollar thereafter of assumed reinsurance premium after that up to a maximum tax of one hundred thousand dollars. However, no reinsurance tax applies to premiums for risks or portions of risks which are subject to taxation on a direct basis pursuant to subsection (A). A premium tax is not payable in connection with the receipt of assets in exchange for the assumption of loss reserves and other liabilities of another insurer under common ownership and control if the transaction is part of a plan to discontinue the operations of the other insurer and if the intent of the parties to the transaction is to renew or maintain business with the captive insurance company.
(F) For the purposes of this section, 'common ownership and control' means:
(1) in the case of stock corporations or limited liability companies, the direct or indirect ownership of eighty percent or more of the outstanding voting stock or membership interests of two or more corporations or limited liability companies by the same shareholder or shareholders person or entity; and
(2) in the case of mutual corporations, the direct or indirect ownership of eighty percent or more of the surplus and the voting power of two or more corporations by the same member or members."
G. Section 38-90-200 of the 1976 Code is amended to read:
"Section 38-90-200. (A) An association captive insurance company or industrial insured group formed as a stock or mutual corporation, or a limited liability company may be converted to or merged with and into a reciprocal insurer in accordance with a plan and the provisions of this section.
(B) A plan for this conversion or merger:
(1) must be fair and equitable to the:
(a) shareholders, in the case of a stock insurer,;
(b) members, in the case of a limited liability company; or
(c) the policyholders, in the case of a mutual insurer; and
(2) shall must provide for the purchase of the shares of any nonconsenting shareholder of a stock insurer, of the member interest of any nonconsenting member of a limited liability company, of the policyholder interest of any nonconsenting policyholder of a mutual insurer in substantially the same manner and subject to the same rights and conditions as are accorded a dissenting shareholder, dissenting member, or a dissenting policyholder under pursuant to the provisions of Chapter 13 or Chapter 44, Title 33. Provided, however, that the merger of a limited liability company requires the consent of all members unless this requirement has been waived in an operating agreement signed by all of the members of the limited liability company.
(C) In the case of a conversion authorized under pursuant to the provisions of subsection (A):
(1) the conversion must be accomplished under a reasonable plan and procedure as may be approved by the director; however, the director may not approve the plan of conversion unless the plan:
(a) satisfies the provisions of subsection (B);
(b) provides for a hearing, of which notice has been given to the insurer, its directors, officers and stockholders, in the case of a stock insurer,; members and managers, in the case of a limited liability company; or policyholders, in the case of a mutual insurer, all of whom have the right to appear at the hearing, except that the director may waive or modify the requirements for the hearing; however, if a notice of hearing is required, but no hearing is requested, the director may cancel the hearing;
(c) provides for the conversion of existing stockholder, member, or policyholder interests into subscriber interests in the resulting reciprocal insurer, proportionate to stockholder, member, or policyholder interests in the stock or mutual insurer or limited liability company; and
(d) is approved;
(i) in the case of a stock insurer or limited liability company, by a majority of the shares or interests entitled to vote represented in person or by proxy at a duly called regular or special meeting at which a quorum is present;
(ii) in the case of a mutual insurer, by a majority of the voting interests of policyholders represented in person or by proxy at a duly called regular or special meeting at which a quorum is present;
(2) the director shall approve the plan of conversion if the director finds that the conversion will promote the general good of the State in conformity with those standards set forth provided in Section 38-90-60(2);
(3) if the director approves the plan the director shall amend the converting insurer's certificate of authority to reflect conversion to a reciprocal insurer and issue the amended certificate of authority to the company's attorney-in-fact;
(4) upon issuance of an amended certificate of authority of a reciprocal insurer by the director, the conversion is effective; and
(5) upon the effectiveness of the conversion the corporate existence of the converting insurer shall cease and the resulting reciprocal insurer shall notify the Secretary of State of the conversion.
(D) A merger authorized under pursuant to the provisions of subsection (A) must be accomplished substantially in accordance with the procedures set forth provided in this title except that, solely only for purposes of the merger:
(1) the plan or merger shall must satisfy subsection (B);
(2) the subscribers' advisory committee of a reciprocal insurer must be equivalent to the board of directors of a stock or mutual insurance company or the managers of a limited liability company;
(3) the subscribers of a reciprocal insurer must be the equivalent of the policyholders of a mutual insurance company;
(4) if a subscribers' advisory committee does not have a president or secretary, the officers of the committee having substantially equivalent duties are deemed considered the president and secretary of the committee;
(5) the director shall approve the articles of merger if the director finds that the merger will promote the general good of the State in conformity with those standards set forth provided in Section 38-90-60(D)(2). If the director approves the articles of merger, the director shall endorse his or her approval on the articles and the surviving insurer shall present the name to the Secretary of State at the Secretary of State's office;
(6) notwithstanding Section 38-90-40, the director may permit the formation, without surplus, of a captive insurance company organized as a reciprocal insurer, into which an existing captive insurance company may be merged for the purpose of facilitating a transaction under provided for in this section; however, there may be no more than one authorized insurance company surviving the merger;
(7) an alien insurer may be a party to a merger authorized under pursuant to the provisions of subsection (A) if the requirements for the merger between a domestic and a foreign insurer under pursuant to the provisions of Chapter 21 apply to a merger between a domestic and an alien insurer under provided by this subsection. The alien insurer must be treated as a foreign insurer under pursuant to the provisions of Chapter 21 and other jurisdictions must be the equivalent of a state for purposes of Chapter 21.
(E) A conversion or merger under pursuant to the provisions of this section has all the effects set forth in Chapter 21, to the extent these effects are not inconsistent with this chapter."
H. Section 38-74-10 of the 1976 Code, as last amended by Act 240 of 2002, is further amended by adding an appropriately numbered item to read:
"( ) 'Qualified TAA eligible individual' means an individual who is eligible for the credit for health insurance costs under Section 35 of the Internal Revenue Code of 1986."
(B) Section 38-74-30 of the 1976 Code, as last amended by Act 240 of 2002, is further amended to read:
H. Section 38-74-30. (A) A person who is a resident of this State for thirty days, except that for a federally defined eligible individual or a Qualified TAA eligible individual, there shall not be a thirty-day requirement, and his newborn child is eligible for pool coverage:
(1) upon providing evidence of any of the following actions by an insurer on an application for health insurance comparable to that provided by the pool submitted on behalf of the person:
(a) a refusal to issue the insurance for health reasons;
(b) a refusal to issue the insurance except with a reduction or exclusion of coverage for a preexisting health condition for a period exceeding twelve months, unless it is determined that the person voluntarily terminated his or did not seek any health insurance coverage before being refused issuance except with a reduction or exclusion for a preexisting health condition, and then seeks to be eligible for pool coverage after the health condition develops. This determination must be made by the board;
(c) a refusal to issue insurance coverage comparable to that provided by the pool except at a rate exceeding one hundred fifty percent of the pool rate; or
(2) if the individual is a federally defined eligible individual or a Qualified TAA eligible individual, as defined in Section 38-74-10, who is and continues to be a resident of this State; or
(3) if the individual is covered under Medicare Parts A and B due to disability and is under age sixty-five.
(B) A person whose health insurance coverage is terminated involuntarily for any reason other than nonpayment of premium may apply for coverage under the plan but shall submit proof of eligibility according to subsection (A) of this section. If proof is supplied and if coverage is applied for within sixty days after the involuntary termination and if premiums are paid for the entire coverage period, the effective date of the coverage is the date of termination of the previous coverage. Waiting period and preexisting condition exclusions are waived to the extent to which similar exclusions, if any, have been satisfied under the prior health insurance coverage. The waiver does not apply to a person whose policy has been terminated or rescinded involuntarily because of a material misrepresentation.
(C) A person who is paying a premium for health insurance comparable to the pool plan in excess of one hundred fifty percent of the pool rate or who has received notice that the premium for a policy would be in excess of one hundred fifty percent of the pool rate may make application for coverage under the pool. The effective date of coverage is the date of the application, or the date that the premium is paid if later, and any waiting period or preexisting condition exclusion is waived to the extent to which similar exclusions, if any, were satisfied under the prior health insurance plan. Benefits payable under the pool plan are secondary to benefits payable by the previous plan. The board shall require an additional premium for coverage effected under the plan in this manner notwithstanding the premium limitation stated in Section 38-74-60.
(D) (1) The waiting period and preexisting condition exclusions are waived for a federally defined eligible individual.
(2) The waiting period and preexisting condition exclusions are waived for a Qualified TAA eligible individual if the individual maintained creditable coverage for an aggregate period of three months as of the date on which the individual seeks to enroll in pool coverage, not counting any period prior to a sixty-three-day break in coverage.
(E) A person not eligible for pool coverage is one who meets any one of the following criteria:
(1) a person who has coverage under health insurance comparable to that offered by the pool from an insurer or any other source except a person who would be eligible under subsection (C) of this section;
(2) a person who is eligible for health insurance comparable to that offered by the pool from an insurer or any other source except a person who would be eligible for pool coverage under Section 38-74-30(A)(1)(b), 38-74-30(A)(1)(c), 38-74-30(A)(2), or 38-74-30(A)(3);
(3) a person who at the time of pool application is eligible for health care benefits under state Medicaid or eligible for health care benefits under Medicare and age sixty-five or older;
(4) a person having terminated coverage in the pool unless twelve months have lapsed since termination unless termination was because of ineligibility, except that this item shall not apply with respect to an applicant who is a federally defined eligible individual;
(5) a person on whose behalf the pool has paid out one million dollars in benefits;
(6) inmates of public institutions and persons eligible for public programs, except that this item shall not apply with respect to an applicant who is a federally defined eligible individual;
(7) a person who fails to maintain South Carolina residency.
(F) A person who ceases to meet the eligibility requirements of this section may be terminated at the end of the policy period."
SECTION 32. This act takes effect upon approval by the Governor, except SECTION 13 takes effect January 31, 2004. /
Amend title to conform.
/s/Larry A. Martin /s/Daniel L. Tripp /s/J. Yancy McGill /s/Annette D. Young /s/Gerald Malloy /s/Wallace B. Scarborough On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
Columbia, S.C., June 5, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:
S. 549 (Word version) -- Senators Land, Martin, J. Verne Smith, Hawkins and McConnell: A BILL TO AMEND SECTION 42-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SECOND INJURY FUND, SO AS TO PROHIBIT REIMBURSEMENTS TO EMPLOYERS OR CARRIERS WHICH HAVE DEFAULTED ON THEIR CURRENT ASSESSMENTS UNTIL THE ASSESSMENTS ARE PAID IN FULL; TO AMEND SECTION 42-9-400, AS AMENDED, RELATING TO THE MANNER IN WHICH AN EMPLOYER OR INSURANCE CARRIER SHALL BE REIMBURSED FROM THE SECOND INJURY FUND WHEN DISABILITY RESULTS FROM PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY, SO AS TO FURTHER PROVIDE FOR WHAT AN EMPLOYER MUST ESTABLISH IN ORDER TO QUALIFY FOR REIMBURSEMENT; AND TO AMEND SECTION 42-9-410, RELATING TO REIMBURSEMENT FROM THE SECOND INJURY FUND FOR AN EMPLOYEE WHO BECOMES TOTALLY AND PERMANENTLY DISABLED IN A SUBSEQUENT INJURY, SO AS TO FURTHER PROVIDE FOR WHAT AN EMPLOYER MUST ESTABLISH IN ORDER TO RECEIVE THESE ADDITIONAL BENEFITS FROM THE SECOND INJURY FUND.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification:
S. 549 (Word version) -- Senators Land, Martin, J. Verne Smith, Hawkins and McConnell: A BILL TO AMEND SECTION 42-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SECOND INJURY FUND, SO AS TO PROHIBIT REIMBURSEMENTS TO EMPLOYERS OR CARRIERS WHICH HAVE DEFAULTED ON THEIR CURRENT ASSESSMENTS UNTIL THE ASSESSMENTS ARE PAID IN FULL; TO AMEND SECTION 42-9-400, AS AMENDED, RELATING TO THE MANNER IN WHICH AN EMPLOYER OR INSURANCE CARRIER SHALL BE REIMBURSED FROM THE SECOND INJURY FUND WHEN DISABILITY RESULTS FROM PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY, SO AS TO FURTHER PROVIDE FOR WHAT AN EMPLOYER MUST ESTABLISH IN ORDER TO QUALIFY FOR REIMBURSEMENT; AND TO AMEND SECTION 42-9-410, RELATING TO REIMBURSEMENT FROM THE SECOND INJURY FUND FOR AN EMPLOYEE WHO BECOMES TOTALLY AND PERMANENTLY DISABLED IN A SUBSEQUENT INJURY, SO AS TO FURTHER PROVIDE FOR WHAT AN EMPLOYER MUST ESTABLISH IN ORDER TO RECEIVE THESE ADDITIONAL BENEFITS FROM THE SECOND INJURY FUND.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has requested and was granted Free Conference Powers and has appointed Reps. Townsend, Miller and Walker to the Committee of Free Conference on the part of the House on:
H. 3361 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 59-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL MAKE-UP DAYS, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES AND REQUIREMENTS TO MAKE UP DAYS LOST BECAUSE OF WEATHER OR OTHER DISRUPTIONS.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Free Conference on:
H. 3361 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 59-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL MAKE-UP DAYS, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES AND REQUIREMENTS TO MAKE UP DAYS LOST BECAUSE OF WEATHER OR OTHER DISRUPTIONS.
Very respectfully,
Speaker of the House
Received as information.
H. 3361 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 59-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL MAKE-UP DAYS, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES AND REQUIREMENTS TO MAKE UP DAYS LOST BECAUSE OF WEATHER OR OTHER DISRUPTIONS.
On motion of Senator HAYES, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator HAYES spoke on the report.
On motion of Senator HAYES, with unanimous consent, Free Conference Powers were granted.
Whereupon, Senators HAYES, MARTIN and RANKIN were appointed to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.
On motion of Senator HAYES, the Report of the Committee of Free Conference to H. 3361 was adopted as follows:
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3361 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 59-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL MAKE-UP DAYS, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES AND REQUIREMENTS TO MAKE UP DAYS LOST BECAUSE OF WEATHER OR OTHER DISRUPTIONS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer's Version 4/23/03--S.)
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 59-1-430 of the 1976 Code is amended to read:
"(A) Notwithstanding any other provisions of law to the contrary, all school days missed because of snow, or extreme weather conditions, or other disruptions requiring schools to close must be made up. All school districts shall designate annually at least three days within their school calendars to be used as make-up days in the event of these occurrences. If those designated days have been used or are no longer available, the local school board of trustees may lengthen the hours of school operation by no less than one hour per day for the total number of hours missed or operate schools on Saturday. Schools operating on a four-by-four block schedule shall make every effort to make up the time during the semester in which the days are missed. A plan to make up days by lengthening the school day must be approved by the State Department of Education before implementation. In meeting the requirements of Act 436 of 1982, no makeup days for students may be scheduled on Saturdays. Provided, However, That remedial Tutorial instruction for grades 7 through 12 may be taught on Saturday at the direction of the local school board. If a local school board authorizes make-up days on Saturdays, tutorial instruction normally offered on Saturday for seventh through twelfth graders must be scheduled at an alternative time.
(B) The General Assembly may introduce legislation to waive the requirements of making up missed days or may, through legislation, authorize the school board of trustees to forgive up to three days missed because of snow, extreme weather conditions, or other disruptions requiring schools to close. A waiver granted by the local board of trustees of the requirement for making up missed days also must be authorized through a majority vote of the local school board."
SECTION 2. Section 59-1-420(A) of the 1976 Code, as last amended by Act 393 of 2000, is further amended to read:
"(A) Beginning with school year 2000-2001, the statutory school term is one hundred ninety days annually and at least one hundred eighty days must be used for student instruction, except as provided in Section 59-1-430 (B). Of the remaining ten days, no more than two days may be used for preparation of opening of schools. Three days must be used for collegial professional development based upon the educational standards as required by Section 59-18-300 of the Education Accountability Act. The professional development shall address, at a minimum, academic achievement standards including strengthening teachers' knowledge in their content area, teaching techniques, and assessment. The remaining five days may be used for teacher planning, academic plans, and parent conferences."
SECTION 3. Section 59-19-90 of the 1976 Code, as last amended by Act 458 of 1996, is further amended by adding an appropriately numbered subsection to read:
"( ) Establish the annual calendar. Have the authority to establish an annual school calendar for students, faculty, and staff to include starting dates, ending dates, holidays, make-up days, in-service days, and professional development days."
SECTION 4. Chapter 18, Title 59 of the 1976 Code is amended by adding:
"Section 59-18-1310. The strategic plans and improvement reports required of the public schools and districts in Sections 59-18-1300, 59-18-1500, and 59-20-60 are consolidated and reported as follows: district and school five-year plans and annual updates and district programmatic reports, and school reports developed in conjunction with the school improvement council to parents and constituents to include recommendations of any Education Accountability Act external review teams as approved by the State Board of Education and the steps being taken to address the recommendations, and the advertisement of this report are due on a date established by the Department of Education, but no later than April 30 annually; schools reviewed by external review teams shall prepare a report to the parents and constituents of the school, to be developed in conjunction with the School Improvement Council, and this report shall be provided and advertised no later than April 30 annually. The school report card narrative in Section 59-18-900 continues on its prescribed date."
SECTION 5. Section 59-18-360 of the 1976 Code, as last amended by Act 400 of 1998, is further amended to read:
"Section 59-18-360. The State Board of Education, in consultation with the Education Oversight Committee, shall provide for a cyclical review by academic area of the state standards and assessments to ensure that the standards and assessments are maintaining high expectations for learning and teaching. All academic areas must be initially reviewed by the year 2005. At a minimum, each academic area should be reviewed and updated every four seven years. After each academic area is reviewed, a report on the recommended revisions must be presented to the Education Oversight Committee for its consideration. After approval by the Education Oversight Committee, the recommendations may be implemented. As a part of the review, a task force of parents, business and industry persons, community leaders, and educators, to include special education teachers, must examine the standards and assessment system to determine rigor and relevancy."
SECTION 6. Chapter 63, Title 59 of the 1976 Code is amended by adding:
"Section 59-63-333. The State Department of Education shall conform the requirements of Sections 59-63-310 through 59-63-340 on school crime so as to fulfill the provisions of the No Child Left Behind Act of 2001 (20 U.S.C. Section 7912) which includes reports on persistently dangerous schools and on the frequency, seriousness, and incidence of violence and drug-related offenses resulting in suspensions and expulsions in elementary and secondary schools. A summary of the provisions of Article 4, Chapter 63 of Title 59 and Section 16-3-612 required to be included in the school's student handbook each year must be revised to conform with the requirements of this section."
SECTION 7. Section 59-5-71 of the 1976 Code, as added by Act 356 of 2002, is repealed.
SECTION 8. This act takes effect upon approval by the Governor. /
Amend title to conform.
/s/Larry A. Martin /s/Ronald P. Townsend /s/Robert W. Hayes, Jr. /s/Vida O. Miller Luke Rankin /s/Robert E. Walker On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
The Report of the Committee of Free Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
A message was sent to the House accordingly.
On motion of Senator ALEXANDER, with unanimous consent, S. 274 was taken up for immediate consideration.
S. 274 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT A PRIVATE PASSENGER MOTOR VEHICLE LEASED TO A MEMBER OF THE ARMED FORCES OF THE UNITED STATES STATIONED IN THIS STATE WHOSE HOME OF RECORD IS IN ANOTHER STATE AND THE LEASED VEHICLE IS TO BE REGISTERED AND LICENSED IN THE STATE OF THE SERVICE MEMBER'S HOME OF RECORD AND TO EXEMPT ALL VEHICLES LEASED BY A PUBLIC BODY IF THE VEHICLE WOULD OTHERWISE BE EXEMPT IF OWNED BY THE PUBLIC BODY.
The House returned the Bill with amendments.
Senator RANKIN proposed the following Amendment No. 1 (274R001.LAR), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered section:
/ SECTION ____. Section 56-3-115 of the 1976 Code, as last amended by Act 333 of 1998, is further amended to read:
"Section 56-3-115. The owner of a vehicle commonly known as a golf cart, if he has a valid driver's license, may obtain a permit from the department upon the payment of a fee of five dollars and proof of financial responsibility which permits his agent, employees, or him to:
(1) operate the golf cart on a secondary highway or street within two miles of his residence or place of business during daylight hours only; and
(2) cross a primary highway or street while traveling along a secondary highway or street within two miles of his residence or place of business during daylight hours only." /
Renumber sections to conform.
Amend title to conform.
Senator ALEXANDER explained the amendment.
The amendment was adopted.
The Bill was returned to the House with amendments.
Columbia, S.C., June 5, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 274 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT A PRIVATE PASSENGER MOTOR VEHICLE LEASED TO A MEMBER OF THE ARMED FORCES OF THE UNITED STATES STATIONED IN THIS STATE WHOSE HOME OF RECORD IS IN ANOTHER STATE AND THE LEASED VEHICLE IS TO BE REGISTERED AND LICENSED IN THE STATE OF THE SERVICE MEMBER'S HOME OF RECORD AND TO EXEMPT ALL VEHICLES LEASED BY A PUBLIC BODY IF THE VEHICLE WOULD OTHERWISE BE EXEMPT IF OWNED BY THE PUBLIC BODY.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
H. 4016 (Word version) -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 130, TITLE 59 SO AS TO ENACT THE "COLLEGE OF CHARLESTON ACADEMIC AND ADMINISTRATIVE FACILITIES BOND ACT" WHICH PRESCRIBES THE MANNER IN WHICH AND CONDITION UNDER WHICH THE COLLEGE OF CHARLESTON MAY ISSUE CERTAIN REVENUE BONDS FOR THE ACQUISITION OF ACADEMIC AND ADMINISTRATIVE BUILDINGS.
Senator LEVENTIS asked unanimous consent to make a motion to take up H. 4016 for immediate consideration.
Senator RICHARDSON objected.
H. 4076 (Word version) -- Reps. Cato and Tripp: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN TITLE 38 PERTAINING TO INSURANCE, SO AS TO CHANGE THE DEFINITION OF "EXEMPT COMMERCIAL POLICIES" TO DELETE THE REQUIREMENT THAT THE DEFINITION INCLUDE POLICIES FOR WHICH PREMIUMS FOR ONE INSURED IS GREATER THAN FIFTY THOUSAND DOLLARS ANNUALLY; TO AMEND SECTION 38-7-20, RELATING TO INSURANCE PREMIUM TAXES, SO AS TO CHANGE THE BASIS ON WHICH THESE TAXES ARE ASSESSED ON PREMIUMS FROM WRITTEN RATHER THAN COLLECTED; TO AMEND SECTION 38-21-170, AS AMENDED, RELATING TO REPORTING DIVIDENDS AND DISTRIBUTIONS TO SHAREHOLDERS TO THE DEPARTMENT, SO AS TO INCREASE FROM TEN TO FIFTEEN THE NUMBER OF DAYS BEFORE PAYMENT THE REPORT MUST BE GIVEN; TO AMEND SECTION 38-21-270, AS AMENDED, RELATING TO THE PAYMENT OF AN EXTRAORDINARY DIVIDEND OR DISTRIBUTION TO THE SHAREHOLDERS OF A DOMESTIC INSURER, SO AS TO CLARIFY THE DEPARTMENT OF INSURANCE REVIEW OF THIS TYPE OF DISTRIBUTION; TO AMEND SECTION 38-41-60, RELATING TO HOLDING IN TRUST FUNDS COLLECTED FROM PARTICIPATING EMPLOYERS UNDER MULTIPLE EMPLOYER SELF-INSURED HEALTH PLANS, SO AS TO CORRECT AN INTERNAL CODE CITATION; TO AMEND SECTION 38-43-10, AS AMENDED, RELATING TO PERSONS CONSIDERED AS INSURANCE AGENTS, SO AS TO CORRECT AN INTERNAL CODE CITATION; TO AMEND SECTION 38-43-40, AS AMENDED, RELATING TO THE RIGHT TO APPOINT PRODUCERS BY A LICENSED INSURER, SO AS TO REMOVE PROVISIONS WHICH REQUIRE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO APPROVE THE APPOINTMENT OF PRODUCERS BEFORE THEY TAKE RISK OR TRANSACT BUSINESS; TO AMEND SECTION 38-43-50, AS AMENDED, RELATING TO THE REQUIREMENT THAT APPLICANTS FOR A LIMITED LINE OR SPECIAL PRODUCER'S LICENSE MUST BE VOUCHED FOR BY AN OFFICIAL OR LICENSED REPRESENTATIVE OF THE INSURER FOR WHICH THE APPLICANT PROPOSES TO ACT, SO AS TO DELETE PROVISIONS REQUIRING THE APPLICANT TO BE APPOINTED BY AN OFFICIAL OR AUTHORIZED REPRESENTATIVE OF THE INSURER BEFORE THE APPLICANT CAN ACT AS A PRODUCER; TO AMEND SECTION 38-43-70, AS AMENDED, RELATING TO LICENSING OF A NONRESIDENT PRODUCER BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO CORRECT AN INTERNAL CODE CITATION; TO AMEND SECTION 38-43-100, AS AMENDED, RELATING TO THE APPLICATION FOR AND ISSUANCE OF A PRODUCERS' LICENSE BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO DELETE CONFLICTING PROVISIONS WHICH AUTHORIZE THE DIRECTOR TO WAIVE THE EXAMINATION AND ISSUE TEMPORARY LICENSES FOR A PERIOD NOT TO EXCEED NINETY DAYS; TO AMEND SECTION 38-43-105, AS AMENDED, RELATING TO EDUCATION REQUIREMENTS FOR LOCAL AND GENERAL INSURANCE AGENTS, SO AS TO DELETE CONFLICTING PROVISIONS AND CLARIFY WHO MUST COMPLY WITH PRE-LICENSING REQUIREMENTS; TO AMEND SECTION 38-43-106, AS AMENDED, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO SUBSTITUTE HOME STATE FOR RESIDENT STATE AS THE REQUIREMENT FOR SATISFYING RECIPROCAL CONTINUING INSURANCE EDUCATION REQUIREMENTS FOR NONRESIDENT PRODUCERS; TO AMEND SECTION 38-45-20, RELATING TO REQUIREMENTS FOR A RESIDENT TO BE LICENSED AS AN INSURANCE BROKER, SO AS TO DELETE THE TWO-YEAR WAITING PERIOD FOR RESIDENT SURPLUS LINES INSURANCE BROKERS; TO AMEND SECTION 38-45-30, RELATING TO REQUIREMENTS FOR A NONRESIDENT INSURANCE BROKER, SO AS TO DELETE THE REQUIREMENT FOR NONRESIDENT BROKERS TO FURNISH A TEN THOUSAND DOLLAR SURETY BOND; TO AMEND SECTION 38-71-880, AS AMENDED, RELATING TO MEDICAL, SURGICAL, AND MENTAL HEALTH BENEFITS OFFERED IN CONNECTION WITH A GROUP HEALTH INSURANCE PLAN, SO AS TO EXTEND THE SUNSET PROVISION TO DECEMBER 31, 2003, TO COMPLY WITH FEDERAL LAW; TO AMEND SECTION 38-77-870, RELATING TO THE AVAILABILITY OF ASSIGNMENT OF RISKS TO NONRESIDENTS, SO AS TO PROVIDE AN EXCEPTION FOR MILITARY RISKS THAT ARE PRINCIPALLY GARAGED IN THIS STATE TO BE ASSIGNED BY THE PLAN; TO AMEND SECTION 38-79-420, RELATING TO THE CREATION OF THE SOUTH CAROLINA PATIENTS' COMPENSATION FUND, SO AS TO INCREASE FROM ONE TO TWO HUNDRED THOUSAND DOLLARS THE AMOUNT THE FUND PAYS IN EXCESS OF FOR EACH INCIDENT AND INCREASES FROM THREE TO SIX HUNDRED THOUSAND DOLLARS THE AMOUNT THE FUND PAYS IN EXCESS OF IN THE AGGREGATE FOR ONE YEAR; AND TO AMEND SECTION 56-9-20, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SO AS TO INCREASE THE MINIMUM LIMITS FOR PROPERTY DAMAGE FROM FIVE TO TEN THOUSAND DOLLARS.
Senator RICHARDSON asked unanimous consent to take up H. 4076 for immediate consideration.
Senator McGILL objected.
H. 3900 (Word version) -- Reps. Harrell, Wilkins, Cato, Keegan, Cooper, Loftis, Altman, Ceips, Clark, Clemmons, Dantzler, Duncan, Haskins, Herbkersman, Hinson, Huggins, Limehouse, Littlejohn, Mahaffey, Cobb-Hunter, Perry, E.H. Pitts, M.A. Pitts, Mack, Richardson, J.H. Neal, Sandifer, Howard, Simrill, Bales, Skelton, Neilson, J.R. Smith, Owens, Snow, Talley, Trotter, Bailey, Umphlett, White, Whitmire, Thompson, Witherspoon, Whipper and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 45 TO TITLE 11 SO AS TO ENACT THE "VENTURE CAPITAL INVESTMENT ACT OF SOUTH CAROLINA" TO PROVIDE FOR THE ESTABLISHMENT OF A FUND SEPARATE AND DISTINCT FROM THE STATE GENERAL FUND IN THE DEPARTMENT OF COMMERCE KNOWN AS THE VENTURE CAPITAL FUND, TO PROVIDE FOR THE MANAGEMENT OF THIS SPECIAL FUND, TO PROVIDE FOR MONIES TO BE OBTAINED BY THE FUND FOR ITS STATED PURPOSES THROUGH LOANS MADE BY CERTAIN LENDERS, TO PROVIDE FOR REPAYMENTS TO LENDERS, AND TO PROVIDE THAT LENDERS SHALL RECEIVE TAX CREDITS WHICH MAY BE USED AS A CONTINGENT RESOURCE TO MEET PRINCIPAL AND INTEREST PAYMENTS WHEN DUE, TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH INVESTMENTS FROM THE FUND MAY BE MADE IN VENTURE CAPITAL INVESTMENTS FOR THE BENEFIT OF THIS STATE; TO ESTABLISH THE SOUTH CAROLINA TECHNOLOGY INNOVATION FUND UNDER THE ADMINISTRATION OF THE BOARD OF DIRECTORS OF THE VENTURE CAPITAL FUND AND PROVIDE FOR ITS USES, AND TO PROVIDE THAT ON THE EFFECTIVE DATE OF THIS ACT, THE ASSETS AND LIABILITIES OF THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP, AS ESTABLISHED IN CHAPTER 44, TITLE 41 OF THE 1976 CODE, ARE TRANSFERRED TO THE SOUTH CAROLINA TECHNOLOGY INNOVATION FUND WITHIN THE SOUTH CAROLINA VENTURE CAPITAL FUND; AND TO REPEAL CHAPTER 44, TITLE 41 RELATING TO THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP.
Senator RITCHIE asked unanimous consent to take the Bill up for immediate consideration.
Senator HAYES objected.
H. 4016 (Word version) -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 130, TITLE 59 SO AS TO ENACT THE "COLLEGE OF CHARLESTON ACADEMIC AND ADMINISTRATIVE FACILITIES BOND ACT" WHICH PRESCRIBES THE MANNER IN WHICH AND CONDITION UNDER WHICH THE COLLEGE OF CHARLESTON MAY ISSUE CERTAIN REVENUE BONDS FOR THE ACQUISITION OF ACADEMIC AND ADMINISTRATIVE BUILDINGS.
Senator LEVENTIS asked unanimous consent to take up H. 4016 for immediate consideration.
Senator THOMAS objected.
Columbia, S.C., June 5, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has requested and was granted Free Conference Powers and has appointed Reps. Gilham, Sinclair and Lucas to the Committee of Free Conference on the part of the House on:
H. 3231 (Word version) -- Reps. Gilham, Stille, Wilkins, Walker, Bales, M.A. Pitts, Cobb-Hunter, Richardson, Ceips, Cotty, Skelton, Owens, Haskins, Martin, Toole, Lourie, Huggins, E.H. Pitts, Talley, Mahaffey, Leach, Hamilton, Loftis, D.C. Smith, McLeod, Thompson and J.E. Smith: A BILL TO AMEND SECTION 56-5-2950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MOTOR VEHICLE DRIVER'S IMPLIED CONSENT TO CHEMICAL TESTS OF HIS BREATH, BLOOD, OR URINE FOR THE PURPOSE OF DETERMINING THE PRESENCE OF ALCOHOL OR DRUGS OR THE COMBINATION OF ALCOHOL AND DRUGS IN HIS SYSTEM, SO AS TO PROVIDE THAT A DRIVER WHO REGISTERS AN ALCOHOL CONCENTRATION OF EIGHT ONE-HUNDREDTHS OF ONE PERCENT OR MORE IS GUILTY OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, OR A COMBINATION OF ALCOHOL AND DRUGS.
Very respectfully,
Speaker of the House
Received as information.
H. 3231 (Word version) -- Reps. Gilham, Stille, Wilkins, Walker, Bales, M.A. Pitts, Cobb-Hunter, Richardson, Ceips, Cotty, Skelton, Owens, Haskins, Martin, Toole, Lourie, Huggins, E.H. Pitts, Talley, Mahaffey, Leach, Hamilton, Loftis, D.C. Smith, McLeod, Thompson and J.E. Smith: A BILL TO AMEND SECTION 56-5-2950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MOTOR VEHICLE DRIVER'S IMPLIED CONSENT TO CHEMICAL TESTS OF HIS BREATH, BLOOD, OR URINE FOR THE PURPOSE OF DETERMINING THE PRESENCE OF ALCOHOL OR DRUGS OR THE COMBINATION OF ALCOHOL AND DRUGS IN HIS SYSTEM, SO AS TO PROVIDE THAT A DRIVER WHO REGISTERS AN ALCOHOL CONCENTRATION OF EIGHT ONE-HUNDREDTHS OF ONE PERCENT OR MORE IS GUILTY OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, OR A COMBINATION OF ALCOHOL AND DRUGS.
On motion of Senator McCONNELL, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator McCONNELL spoke on the report.
On motion of Senator McCONNELL, with unanimous consent, Free Conference Powers were granted.
Whereupon, Senators McCONNELL, MARTIN and HUTTO were appointed to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.
On motion of Senator McCONNELL, the Report of the Committee of Free Conference to H. 3231 was adopted as follows:
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3231 (Word version) -- Reps. Gilham, Stille, Wilkins, Walker, Bales, M.A. Pitts, Cobb-Hunter, Richardson, Ceips, Cotty, Skelton, Owens, Haskins, Martin, Toole, Lourie, Huggins, E.H. Pitts, Talley, Mahaffey, Leach, Hamilton, Loftis, D.C. Smith, McLeod, Thompson and J.E. Smith: A BILL TO AMEND SECTION 56-5-2950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MOTOR VEHICLE DRIVER'S IMPLIED CONSENT TO CHEMICAL TESTS OF HIS BREATH, BLOOD, OR URINE FOR THE PURPOSE OF DETERMINING THE PRESENCE OF ALCOHOL OR DRUGS OR THE COMBINATION OF ALCOHOL AND DRUGS IN HIS SYSTEM, SO AS TO PROVIDE THAT A DRIVER WHO REGISTERS AN ALCOHOL CONCENTRATION OF EIGHT ONE-HUNDREDTHS OF ONE PERCENT OR MORE IS GUILTY OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, OR A COMBINATION OF ALCOHOL AND DRUGS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer's Version.)
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 23-31-420(A) of the 1976 Code is amended to read:
"(A) Upon the trial of a civil or criminal action or proceeding arising out of acts alleged to have been committed by a person while using a firearm while under the influence of alcohol or a controlled substance, the results of any test administered pursuant to Section 23-31-410 or 23-31-415 and this section is are admissible into evidence, and the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood or breath, shall create creates the following presumptions:
(1) If there was at that time five one-hundredths of one percent or less by weight of alcohol in the person's blood, it must be presumed that the person was not under the influence of alcohol.
(2) If there was at that time in excess of five one-hundredths of one percent but less than ten eight one-hundredths of one percent by weight of alcohol in the person's blood, that this fact shall does not give rise to any inference that the person was or was not under the influence of alcohol to the extent that his normal faculties were impaired, but that this fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol.
(3) If there was at that time ten eight one-hundredths of one percent or more by weight of alcohol in the person's blood, this fact creates an inference that the person was under the influence of alcohol."
SECTION 2. Chapter 3 of Title 42 of the 1976 is amended by adding:
"Section 42-3-105. The Worker's Compensation Commission is authorized to double the amount of fines and penalties assessed for each violation of the Workers' Compensation law, except that for employers found to be uninsured in violation of the Workers' Compensation law, the minimum amount of the penalty assessed shall be seven hundred fifty dollars a year of noncompliance and the maximum amount of the penalty shall be one thousand dollars a year of noncompliance. The commission is further authorized to retain and expend all revenues received as a result of these collections."
SECTION 3. Sections 50-21-114(A) and (B) of the 1976 Code are amended to read:
"(A)(1) A person who operates a water device is considered to have given consent to chemical tests or analysis of his breath, blood, or urine to determine the presence of alcohol, drugs, or a combination of both, if arrested for an offense arising out of acts alleged to have been committed while the person was operating or directing the operation of a water device while under the influence of alcohol, drugs, or a combination of both. A test given must be administered at the direction of the arresting law enforcement officer. At the direction of the arresting officer, the person first must be offered a breath test to determine the alcohol concentration of his blood. If the person is physically unable to provide an acceptable breath sample because he has an injured mouth, is unconscious or dead, or for any other reason considered acceptable by licensed medical personnel, a blood sample may be taken. If the officer has reasonable grounds to believe the person is under the influence of drugs other than alcohol, the officer may order that a urine sample be taken for testing. If the breath analysis reading is ten eight one-hundredths of one percent or above by weight of alcohol in the person's blood, the officer may not require additional tests of the person as provided in this chapter.
(2) The breath test must be administered by a person trained and certified by the South Carolina Law Enforcement Division, (SLED), using methods approved by SLED. The arresting officer may administer the tests so long as it if testing is done in conformity with the standards set out by SLED. Blood and urine samples must be taken by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, or other medical personnel trained to take the samples in a licensed medical facility. Blood samples or urine samples must be obtained and handled in accordance with procedures approved by SLED. No tests may be administered or samples taken unless the person has been informed that he does not have to take the test or give the samples, but that his privilege to operate a water device must be suspended or denied for one hundred eighty days if he refuses to submit to the tests.
(3) A hospital, physician, qualified technician, chemist, or registered nurse who takes samples or conducts the test or participates in the process of taking the samples or conducting the test in accordance with this section is not subject to a cause of action for assault, battery, or any other cause contending alleging that the drawing of blood or taking of samples at the request of the arrested person or a law enforcement officer was wrongful. This release from liability does not reduce the standard of medical care required of the person taking the samples or conducting the test. This qualified release also applies to the employer of the person who conducts the test or takes the samples. No person may be required by the arresting officer, or by any other law enforcement officer, to obtain or take any sample of blood or urine.
(4) The person tested or giving samples for testing may have a qualified person of his own choosing conduct additional tests at his expense and must be notified of that right. A person's failure to request additional blood or urine tests is not admissible against the person in a criminal trial. The failure or inability of the person tested to obtain additional tests does not preclude the admission of evidence relating to the tests or samples taken at the direction of the law enforcement officer.
(5) The arresting officer shall must provide reasonable assistance to the person to contact a qualified person to conduct additional tests.
(6) SLED shall must administer the provisions of this subsection and may promulgate regulations necessary to carry out its provisions. The cost of the tests administered at the direction of the law enforcement officer must be paid from the general fund of the State. A fee of fifty dollars is must be assessed, at the time of the sentencing, against persons convicted of, pleading guilty or nolo contendere to, or forfeiting bond for violating Section 50-21-112 or Section 50-12-113 50-21-113. This fee must be forwarded by the county treasurer to the State Treasurer and credited to the general fund of the State to defray any costs incurred by SLED and individuals and institutions obtaining the samples forwarded to SLED.
(B) In any criminal prosecution where a test or tests were administered pursuant to this chapter, the amount of alcohol in the person's blood at the time of the alleged violation, as shown by chemical analysis of the person's breath or other body fluids, gives rise to the following inferences:
(1) If there was at that time five one-hundredths of one percent or less by weight of alcohol in the person's blood, it is presumed conclusively that the person was not under the influence of alcohol.
(2) If there was at that time in excess of five one-hundredths of one percent but less than ten eight one-hundredths of one percent by weight of alcohol in the person's blood, that this fact does not give rise to any inference that the person was or was not under the influence of alcohol, but that this fact may be considered with other competent evidence in determining the guilt or innocence of the person.
(3) If there was at that time ten eight one-hundredths of one percent or more by weight of alcohol in the person's blood, it may be inferred that the person was under the influence of alcohol."
SECTION 4. Sections 56-1-286(A), (I), (J), (K), (N), and (V) of the 1976 Code, as amended by Act 390 of 2000, are further amended to read:
"(A) In addition to any other penalty imposed by law unless otherwise prohibited in this section, including additional driver's license suspensions, the The Department of Public Safety must suspend the driver's license, permit, or nonresident operating privilege of, or deny the issuance of a license or permit to a person under the age of twenty-one who drives a motor vehicle and has an alcohol concentration of two one-hundredths of one percent or more. The department shall not suspend a person's privilege to drive under this section if the person's privilege to drive has been suspended for In cases in which a law enforcement officer initiates suspension proceedings for a violation of this section, the officer has elected to pursue a violation of this section and is subsequently prohibited from prosecuting the person for a violation of Section 20-7-8920, 20-7-8925, or 56-5-2930, or 56-5-2933 arising from the same incident."
"(I) A test may not be administered or samples taken unless the person has been informed in writing that:
(1) he does not have to take the test or give the samples but that his privilege to drive must be suspended or denied for at least six months if he refuses to submit to the tests and that his refusal may be used against him in court;
(2) his privilege to drive must be suspended for at least three months if he takes the test or gives the samples and has an alcohol concentration of two one-hundredths of one percent or more;
(3) he has the right to have a qualified person of his own choosing conduct additional independent tests at his expense;
(4) he has the right to request an administrative hearing within thirty days of the issuance of the notice of suspension; and
(5) he must enroll in an Alcohol and Drug Safety Action Program within thirty days of the issuance of the notice of suspension if he does not request an administrative hearing or within thirty days of the issuance of notice that the suspension has been upheld at the administrative hearing.
The primary investigating officer must notify promptly the department of the refusal of a person to submit to a test requested pursuant to this section as well as the test result of any person who submits to a test pursuant to this section and registers an alcohol concentration of two one-hundredths of one percent or more. The notification must be in a manner prescribed by the department."
"(J) If the test registers an alcohol concentration of two one-hundredths of one percent or more or if the person refuses to be tested, the primary investigating officer must issue a notice of suspension, and the suspension is effective beginning on the date of the alleged violation of this section. The person, within thirty days of the issuance of the notice of suspension, must enroll in an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 if he does not request an administrative hearing. If the person does not request an administrative hearing and does not enroll in an Alcohol and Drug Safety Action Program within thirty days, the suspension remains in effect, and a temporary alcohol restricted license must not be issued, and an administrative hearing may not be requested. If the person drives during the period of suspension without a temporary alcohol restricted license, the person must be penalized for driving while his license is suspended pursuant to Section 56-1-460."
"(K) Within thirty days of the issuance of the notice of suspension the person may:
(1) obtain a temporary alcohol restricted license by filing with the department a form after enrolling in an Alcohol and Drug Safety Action Program for this purpose. A one-hundred-dollar fee must be assessed for obtaining a temporary alcohol restricted license. Twenty-five dollars of the fee must be retained by the department for supplying and maintaining all necessary vehicle videotaping equipment. The remaining seventy-five dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles. The temporary alcohol restricted license allows the person to drive without any restrictive conditions pending the outcome of the administrative hearing provided for in this section or the final decision or disposition of the matter; and
(2) request an administrative hearing.
At the administrative hearing if:
(a) the suspension is upheld, the person's person must enroll in an Alcohol and Drug Safety Action Program and his driver's license, permit, or nonresident operating privilege must be suspended or the person must be denied the issuance of a license or permit for the remainder of the suspension periods provided for in subsections (F) and (G);
(b) the suspension is overturned, the person shall must have his driver's license, permit, or nonresident operating privilege reinstated and is not required to complete the Alcohol and Drug Safety Action Program in which he is enrolled. Any costs paid by the person to the certified Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 must be refunded."
"(N) The notice of suspension shall must advise the person of the requirement to enroll in an Alcohol and Drug Safety Action Program and of his right to obtain a temporary alcohol restricted driver's license and to request an administrative hearing. The notice of suspension also shall must advise the person that, if he does not enroll in an Alcohol and Drug Safety Action Program and does not request an administrative hearing within thirty days of the issuance of the notice of suspension, he must enroll in an Alcohol and Drug Safety Action Program, and he shall have waived waives his right to the administrative hearing, and the suspension continues for the periods provided for in subsections (F) and (G)."
"(V) Notwithstanding any other provision of law, no suspension imposed pursuant to this section is counted as a demerit or result in any insurance penalty for automobile insurance purposes if at the time he was stopped, the person whose license is suspended had an alcohol concentration that was less than ten eight one-hundredths of one percent."
SECTION 5. Section 56-5-2933 of the 1976 Code is amended to read:
"Section 56-5-2933. It is unlawful for a person to drive a motor vehicle within this State while his alcohol concentration is ten eight one-hundredths of one percent or more. A person who violates the provisions of this section is guilty of the offense of Driving With An Unlawful Alcohol Concentration. A person may be charged for a violation of Section 56-5-2930 but prosecuted pursuant to this section if the original testing of the person's breath or collection of other bodily fluids was performed within two hours of the time of arrest and probable cause articulable suspicion existed to justify the traffic stop. This section shall does not apply to cases arising out of a stop at a traffic road block or driver's license check point. A person cannot shall not be prosecuted for both a violation of Section 56-5-2930 and a violation of this section for the same incident. A person who violates the provisions of this section is entitled to a jury trial and is afforded the right to challenge certain factors including, but not limited to, the following:
(1) whether or not the person was lawfully arrested or detained;
(2) whether or not probable cause articulable suspicion existed to justify the stop;
(3) the period of time between arrest and testing;
(4) whether or not the person was advised in writing of the rights enumerated in Section 56-5-2950;
(5) whether the person consented to taking a test pursuant to Section 56-5-2950, and the:
(a) reported alcohol concentration at the time of testing was ten eight one-hundredths of one percent or more;
(b) individual who administered the test or took samples was qualified pursuant to Section 56-5-2950;
(c) tests administered and samples obtained were conducted pursuant to Section 56-5-2950 and regulations adopted pursuant to Section 56-5-2951(Q) and Section 56-5-2953(F); and
(d) machine was working properly.
Nothing contained in this section prohibits the introduction of:
(1) the results of any additional tests of the person's breath or other bodily fluids;
(2) any evidence that may corroborate or question the validity of the breath or bodily fluid test result including, but not limited to:
(a) evidence of field sobriety tests;
(b) evidence of the amount of alcohol consumed by the person; and
(c) evidence of the person's driving;
(3) a videotape of the person's conduct at the incident site and breath testing site taken pursuant to Section 56-5-2953 which is subject to redaction under the South Carolina Rules of Evidence; or
(4) any other evidence of the state of a person's faculties to drive which would call into question the results of a breath or bodily fluid test.
At trial, a person charged with a violation of this section is entitled to a jury instruction stating that the factors enumerated above and the totality of the evidence produced at trial may be used by the jury to determine guilt or innocence.
A person charged with a violation of this section must be given notice of intent to prosecute under the provisions of this section at least fourteen days before his trial date."
SECTION 6. Section 56-5-2950 of the 1976 Code is amended to read:
"Section 56-5-2950. (a) A person who drives a motor vehicle in this State is considered to have given consent to chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol or drugs or the combination of alcohol and drugs if arrested for an offense arising out of acts alleged to have been committed while the person was driving a motor vehicle while under the influence of alcohol, drugs, or a combination of them alcohol and drugs. A breath test must be administered at the direction of a law enforcement officer who has arrested a person for driving a motor vehicle in this State while under the influence of alcohol, drugs, or a combination of them alcohol and drugs. At the direction of the arresting officer, the person first must be offered a breath test to determine the person's alcohol concentration. If the person is physically unable to provide an acceptable breath sample because he has an injured mouth, or is unconscious or dead, or for any other reason considered acceptable by the licensed medical personnel, the arresting officer may request a blood sample to be taken. If the officer has reasonable grounds to believe that the person is under the influence of drugs other than alcohol, the officer may order that a urine sample be taken for testing. If the alcohol concentration is ten eight one-hundredths of one percent or above, the officer may not require additional tests of the person as provided in this chapter. The breath test must be administered by a person trained and certified by the department, pursuant to SLED policies. The arresting officer may administer the tests if the person's conduct during the twenty-minute pre-test waiting period is videotaped pursuant to Section 56-5-2953(A)(2)(d). Before the breath test is administered, a ten an eight one-hundredths of one percent simulator test must be performed and the result must reflect a reading between 0.095 0.076 percent and 0.105 0.084 percent. Blood and urine samples must be obtained by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, and other medical personnel trained to obtain the samples in a licensed medical facility. Blood and urine samples must be obtained and handled in accordance with procedures approved by SLED.
No tests may be administered or samples obtained unless the person has been informed in writing that:
(1) he does not have to take the test or give the samples, but that his privilege to drive must be suspended or denied for at least ninety days if he refuses to submit to the tests and that his refusal may be used against him in court;
(2) his privilege to drive must be suspended for at least thirty days if he takes the tests or gives the samples and has an alcohol concentration of fifteen one-hundredths of one percent or more;
(3) he has the right to have a qualified person of his own choosing conduct additional independent tests at his expense;
(4) he has the right to request an administrative hearing within thirty days of the issuance of the notice of suspension; and
(5) he must enroll in an Alcohol and Drug Safety Action Program within thirty days of the issuance of the notice of suspension if he does not request an administrative hearing or if his suspension is upheld at the administrative hearing, he must enroll in an Alcohol and Drug Safety Action Program.
A hospital, physician, qualified technician, chemist, or registered nurse who obtains the samples or conducts the test or participates in the process of obtaining the samples or conducting the test in accordance with this section is not subject to a cause of action for assault, battery, or another cause contending alleging that the drawing of blood or taking samples at the request of the arrested person or a law enforcement officer was wrongful. This release from liability does not reduce the standard of medical care required of the person obtaining the samples or conducting the test. This qualified release also applies to the employer of the person who conducts the test or obtains the samples.
The person tested or giving samples for testing may have a qualified person of his own choosing conduct additional tests at his expense and must be notified in writing of that right. A person's request or failure to request additional blood or urine tests is not admissible against the person in the criminal trial. The failure or inability of the person tested to obtain additional tests does not preclude the admission of evidence relating to the tests or samples obtained at the direction of the law enforcement officer.
The arresting officer must provide affirmative assistance to the person to contact a qualified person to conduct and obtain additional tests. Affirmative assistance, at a minimum, includes providing transportation for the person to the nearest medical facility which provides blood tests to determine a person's alcohol concentration. If the medical facility obtains the blood sample but refuses or fails to test the blood sample to determine the person's alcohol concentration, SLED must test the blood sample and provide the result to the person and to the arresting officer. Failure to provide affirmative assistance upon request to obtain additional tests bars the admissibility of the breath test result in any judicial or administrative proceeding.
SLED shall must administer the provisions of this subsection and shall must make regulations necessary to carry out its provisions. The costs of the tests administered at the direction of the law enforcement officer must be paid from the general fund of the State.
A qualified person who obtains samples or administers the tests or assists in obtaining samples or the administration of tests at the direction of a law enforcement officer is released from civil and criminal liability unless the obtaining of samples or tests is performed in a negligent, reckless, or fraudulent manner. No person may be required by the arresting officer, or by another law enforcement officer, to obtain or take any sample of blood or urine.
(b) In the criminal prosecution for a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 relating to driving a vehicle under the influence of alcohol, drugs, or a combination of them alcohol and drugs, the alcohol concentration at the time of the test, as shown by chemical analysis of the person's breath or other body fluids, gives rise to the following:
(1) If the alcohol concentration was at that time five one-hundredths of one percent or less, it is conclusively presumed that the person was not under the influence of alcohol.
(2) If the alcohol concentration was at that time in excess of five one-hundredths of one percent but less than ten eight one-hundredths of one percent, that this fact does not give rise to any inference that the person was or was not under the influence of alcohol, but that this fact may be considered with other evidence in determining the guilt or innocence of the person.
(3) If the alcohol concentration was at that time ten eight one-hundredths of one percent or more, it may be inferred that the person was under the influence of alcohol.
(4) If the alcohol concentration was at that time ten eight one-hundredths of one percent or more and the original testing of the person's breath or collection of other bodily fluids was performed within two hours of the time of arrest, the person has violated Section 56-5-2933.
The provisions of this section must not be construed as limiting the introduction of any other evidence bearing upon the question of whether or not the person was under the influence of alcohol, drugs, or a combination of them.
(c) A person who is unconscious or otherwise in a condition rendering him incapable of refusal is considered to be informed and not to have withdrawn the consent provided by subsection (a) of this section.
(d) A person required to submit to tests by the arresting law enforcement officer must be provided with a written report including the time of arrest, the time of the tests, and the results of the tests before any trial or other proceeding in which the results of the tests are used as evidence. A person who obtains additional tests must furnish a copy of the time, method, and results of any test to the officer before any trial, hearing, or other proceeding in which the person attempts to use the results of the additional tests as evidence.
(e) Policies, procedures, and regulations promulgated by SLED may be reviewed by the trial judge or hearing officer on motion of either party. The failure to follow any of these policies, procedures, and regulations, or the provisions of this section, shall result in the exclusion from evidence any tests results, if the trial judge or hearing officer finds that such failure materially affected the accuracy or reliability of the tests results or the fairness of the testing procedure.
(f) If a state employee charged with the maintenance of breath testing devices in this State and the administration of breath testing policy is required to testify at a administrative hearing or court proceeding, the entity employing the witness may charge a reasonable fee to the defendant for these services."
SECTION 7. Section 56-5-2951 of the 1976 Code, as amended by Act 390 of 2000, is further amended to read:
"Section 56-5-2951. (A) The Department of Public Safety shall must suspend the driver's license, permit, or nonresident operating privilege of or deny the issuance of a license or permit to a person who drives a motor vehicle and refuses to submit to a test provided for in Section 56-5-2950 or has an alcohol concentration of fifteen one-hundredths of one percent or more. The arresting officer shall must issue a notice of suspension which is effective beginning on the date of the alleged violation of Section 56-5-2930, 56-5-2933, or 56-5-2945.
(B) If the test registers an alcohol concentration of ten one-hundredths of one percent or more, the person, within thirty days of the issuance of the notice of suspension, must enroll in an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990.
(C) If the person does not enroll in an Alcohol and Drug Safety Action Program within thirty days, the suspension remains in effect, a temporary alcohol restricted license must not be issued, and an administrative hearing may not be requested. If the person drives during the period of suspension without a temporary alcohol restricted license, the person must be penalized for driving while his license is suspended pursuant to Section 56-1-460.
(D) Within thirty days of the issuance of the notice of suspension, the person may:
(1) obtain a temporary alcohol restricted license by filing with the department a form after enrolling in an Alcohol and Drug Safety Action Program for this purpose. A one hundred-dollar fee must be assessed for obtaining a temporary alcohol restricted license. Twenty-five dollars of the fee must be retained by the department for supplying and maintaining all necessary vehicle videotaping equipment. The remaining seventy-five dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles. The temporary alcohol restricted license allows the person to drive without any restrictive conditions pending the outcome of the administrative hearing provided for in subsection (H) (F) or the final decision or disposition of the matter. If the suspension is upheld at the administrative hearing, the temporary alcohol restricted license shall remain remains in effect until the department issues the hearing officer's decision and sends notice to the person that he is eligible to receive a special restricted license pursuant to subsection (J) (H); and
(2) request an administrative hearing.
At the administrative hearing if:
(a) the suspension is upheld, the person's driver's license, permit, or nonresident operating privilege must be suspended or the person must be denied the issuance of a license or permit for the remainder of the suspension period provided for in subsection (K); (I). Within thirty days of the issuance of the notice that the suspension has been upheld, the person must enroll in an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990;
(b) the suspension is overturned, the person shall must have his driver's license, permit, or nonresident operating privilege reinstated and is not required to complete the Alcohol and Drug Safety Action Program in which he is enrolled. Any costs paid by the person to the certified Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 must be refunded.
The provisions of this subsection do not affect the trial for a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945.
(E)(C) The period of suspension provided for in subsection (K) (I) begins on the day the notice of suspension is issued, or at the expiration of any other suspensions, and continues until the person applies for a temporary alcohol restricted license and requests an administrative hearing.
(F)(D) If a person does not request an administrative hearing, he shall have waived waives his right to the hearing, and his suspension must not be stayed but continues for the period provided for in subsection (K) (I).
(G)(E) The notice of suspension shall must advise the person of the requirement to enroll in an Alcohol and Drug Safety Action Program and of his right to obtain a temporary alcohol restricted driver's license and to request an administrative hearing. The notice of suspension also shall must advise the person that, if he does not request an administrative hearing within thirty days of the issuance of the notice of suspension, he shall have waived waives his right to the administrative hearing, and the suspension continues for the period provided for in subsection (K) (I). The notice of suspension must also advise the person that if the suspension is upheld at the administrative hearing or if he does not request an administrative hearing, he must enroll in an Alcohol and Drug Safety Action Program.
(H)(F) An administrative hearing must be held within thirty days after the request for the hearing is received by the department. If the department does not hold the hearing within thirty days, a written order must be issued by the department within thirty days. The order must set forth the reasons why the hearing was not held within thirty days, and a new hearing must be scheduled. If the department does not issue a written order within thirty days or fails within thirty days to notify the defendant of a new hearing, the person shall must have his driver's license, permit, or nonresident operating privilege reinstated. The scope of the hearing must be limited to whether the person:
(1) was lawfully arrested or detained;
(2) was advised in writing of the rights enumerated in Section 56-5-2950;
(3) refused to submit to a test pursuant to Section 56-5-2950; or
(4) consented to taking a test pursuant to Section 56-5-2950, and the:
(a) reported alcohol concentration at the time of testing was fifteen one- hundredths of one percent or more;
(b) individual who administered the test or took samples was qualified pursuant to Section 56-5-2950;
(c) tests administered and samples obtained were conducted pursuant to Section 56-5-2950; and
(d) the machine was working properly.
Nothing in this section prohibits the introduction of evidence at the administrative hearing on the issue of the accuracy of the breath test result.
A written order must be issued to the person upholding the suspension of the person's license, permit, or nonresident's operating privilege, or denying the issuance of a license or permit within thirty days after the conclusion of the administrative hearing. If the suspension is upheld, the person must receive credit for the number of days his license was suspended before he received a temporary alcohol restricted license and requested the administrative hearing.
(I)(G) An administrative hearing is a contested proceeding under the Administrative Procedures Act, and a person has a right to judicial review pursuant to that act. The filing of a petition for review shall stay stays the suspension until a final decision is issued.
(J)(1)(H)(1) If the suspension is upheld at the administrative hearing, the person must enroll in an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 and may apply for a special restricted driver's license if he is employed or enrolled in a college or university. The special restricted license shall permit permits him to drive only to and from work and his place of education and in the course of his employment or education during the period of suspension. The special restricted license also shall permit permits him to drive to and from the Alcohol Drug Safety Action Program classes or to a court-ordered drug program. The department may issue the special restricted driver's license only upon showing by the individual that he is employed or enrolled in a college or university, that he lives further than one mile from his place of employment, place of education, or location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program, and that there is no adequate public transportation between his residence and his place of employment, his place of education, the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program.
(2) If the department issues a special restricted driver's license, it shall must designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance of Alcohol and Drug Safety Action Program classes, status of attendance of his court-ordered drug program, or residence must be reported immediately to the department by the licensee.
(3) The fee for a special restricted driver's license is one hundred dollars, but no additional fee is due may be charged because of changes in the place and hours of employment, education, or residence. Twenty dollars of this fee must be deposited in the state general fund, and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles.
(4) The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460.
(K)(1)(I)(1) The period of a driver's license, permit, or nonresident operating privilege suspension for, or denial of issuance of a license or permit to, an arrested person who has no previous convictions for violating Section 56-5-2930, 56-5-2933, or 56-5-2945, or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or another any other drug within the ten years preceding a violation of this section, and who has had no previous suspension imposed pursuant to Section 56-5-2950 or 56-5-2951 within the ten years preceding a violation of this section is:
(a) ninety days for a person who refuses to submit to a test pursuant to Section 56-5-2950; or
(b) thirty days for a person who takes a test pursuant to Section 56-5-2950 and has an alcohol concentration of fifteen one-hundredths of one percent or more.
(2) The period of a driver's license, permit, or nonresident operating privilege suspension for, or denial of issuance of a license or permit to, an arrested person who has been convicted previously for violating Section 56-5-2930, 56-5-2933, or 56-5-2945, or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug within the ten years preceding a violation of this section, or who has had a previous suspension imposed pursuant to Section 56-5-2950 or 56-5-2951 within the ten years preceding a violation of this section is one hundred eighty days if he refuses to submit to a test pursuant to Section 56-5-2950 or sixty days if he takes a test pursuant to Section 56-5-2950 and has an alcohol concentration of fifteen one-hundredths of one percent or more.
(L)(J) A person's driver's license, permit, or nonresident operating privilege must be restored when the person's period of suspension under subsection (K) (I) has concluded, even if the person has not yet completed the Alcohol and Drug Safety Action Program in which he is enrolled. After the person's driving privilege is restored, he must continue the services of the Alcohol and Drug Safety Action Program in which he is enrolled. If the person withdraws from or in any way stops making satisfactory progress toward the completion of the Alcohol and Drug Safety Action Program, the person's license shall must be suspended until the completion of the Alcohol and Drug Safety Action Program. A person must be attending or have completed an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 before his driving privilege can be restored at the conclusion of the suspension period.
(M)(K) When a nonresident's privilege to drive a motor vehicle in this State has been suspended under the provisions of this section, the department must give written notice of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he has a license or permit.
(N)(L) The department shall must not suspend the privilege to drive of a person under the age of twenty-one pursuant to Section 56-1-286 if the person's privilege to drive has been suspended under this section arising from the same incident.
(O)(M) A person whose driver's license or permit is suspended pursuant to this section is not required to file proof of financial responsibility.
(P)(N) An insurer may not increase premiums on or add surcharges to the automobile insurance of a person charged with a violation of Section 56-1-286, 56-5-2930, 56-5-2933, or 56-5-2945, or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug unless he is convicted of the violation.
(Q)(O) The department shall must administer the provisions of this section and shall must promulgate regulations necessary to carry out its provisions.
(R)(P) If a person does not request an administrative hearing within the ten-day thirty-day period as authorized pursuant to this section, the person may file with the department a form after enrolling in an approved Alcohol and Drug Safety Action Program to apply for a special restricted driver's license. The special restricted license shall permit permits him to drive only to and from work and his place of education and in the course of his employment or education during the period of suspension. The special restricted license also shall permit permits him to drive to and from Alcohol and Drug Safety Action Program classes or a court-ordered drug program. The department may issue the special restricted driver's license at any time following the suspension upon a showing by the individual that he is employed or enrolled in a college or university, that he lives further than one mile from his place of employment, place of education, the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program, and that there is no adequate public transportation between his residence and his place of employment, his place of education, the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program. The department shall must designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance of Alcohol and Drug Safety Action Program classes, status of his court-ordered drug program, or residence must be reported immediately to the department by the licensee. The route restrictions, requirements, and fees imposed by the department for the issuance of the special restricted driver's license issued pursuant to this item are the same as those provided in this section had the person requested an administrative hearing. A special restricted driver's license is valid until the person successfully completes an approved Alcohol and Drug Safety Action Program, unless the person fails to complete or make satisfactory progress to complete the program."
SECTION 8. Section 56-5-2953 of the 1976 Code, as amended by Act 390 of 2000, is further amended to read:
"Section 56-5-2953. (A) A person who violates Section 56-5-2930, 56-5-2933, or 56-5-2945 shall must have his conduct at the incident site and the breath test site videotaped.
(1) The videotaping at the incident site must:
(a) begin not later than the activation of the officer's blue lights and conclude after the arrest of the person for a violation of Section 56-5-2930, 56-5-2933, or a probable cause determination that the person violated Section 56-5-2945; and
(b) include the person being advised of his Miranda rights, if required by state or federal law, before any field sobriety tests are administered, if the tests are administered.
(2) The videotaping at the breath site:
(a) must be completed within three hours of the person's arrest for a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 or a probable cause determination that the person violated Section 56-5-2945, unless compliance is not possible because the person needs emergency medical treatment considered necessary by licensed medical personnel;
(b) shall must include the reading of Miranda rights, if required by state or federal law, the entire breath test procedure, the person being informed that he is being videotaped, and that he has the right to refuse the test;
(c) shall must include the person taking or refusing the breath test and the actions of the breath test operator while conducting the test;
(d) shall must also include the person's conduct during the required twenty-minute pre-test waiting period, unless the officer submits a sworn affidavit certifying that it was physically impossible to videotape this waiting period. However, if the arresting officer administers the breath test, then the person's conduct during the twenty-minute pre-test waiting period must be videotaped.
The videotapes of the incident site and of the breath test site are admissible pursuant to the South Carolina Rules of Evidence in a criminal, administrative, or civil proceeding by any party to the action.
(B) Nothing in this section may be construed as prohibiting the introduction of other evidence in the trial of a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945. Failure by the arresting officer to produce the videotapes required by this section is not alone a ground for dismissal of any charge made pursuant to Section 56-5-2930, 56-5-2933, or 56-5-2945 if the arresting officer submits a sworn affidavit certifying that the videotape equipment at the time of the arrest, probable cause determination, or breath test device was in an inoperable condition, stating reasonable efforts have been made to maintain the equipment in an operable condition, and certifying that there was no other operable breath test facility available in the county or, in the alternative, submits a sworn affidavit certifying that it was physically impossible to produce the videotape because the person needed emergency medical treatment, or exigent circumstances existed. Further, in circumstances including, but not limited to, road blocks, traffic accident investigations, and citizens' arrests, where an arrest has been made and the videotaping equipment has not been activated by blue lights, the failure by the arresting officer to produce the videotapes required by this section is not alone a ground for dismissal. However, as soon as videotaping is practicable in these circumstances, videotaping should must begin and conform with the provisions of this section. Nothing in this section prohibits the court from considering any other valid reason for the failure to produce the videotape based upon the totality of the circumstances,; nor do the provisions of this section prohibit the person from offering evidence relating to the arresting law enforcement officer's failure to produce the videotape.
(C) A videotape must not be disposed of in any manner except for its transfer to a master tape for consolidation purposes until the results of any legal proceeding in which it may be involved finally are finally determined.
(D) SLED is responsible for purchasing, maintaining, and supplying all necessary videotaping equipment for use at the breath test sites. SLED also is responsible for monitoring all breath test sites to ensure the proper maintenance of videotaping equipment. The Department of Public Safety is responsible for purchasing, maintaining, and supplying all videotaping equipment for use in all law enforcement vehicles used for traffic enforcement. The Department of Public Safety also is responsible for monitoring all law enforcement vehicles used for traffic enforcement to ensure proper maintenance of videotaping equipment.
(E) Beginning one month from the effective date of this act, all of the funds received in accordance with Section 14-1-208(C)(9) must be expended by SLED to equip all breath test sites with videotaping devices and supplies. Once all breath test sites have been equipped fully with videotaping devices and supplies, eighty-seven and one-half (87.5) percent of the funds received in accordance with Section 14-1-208(C)(9) must be expended by the Department of Public Safety to purchase, maintain, and supply videotaping equipment for vehicles used for traffic enforcement. The remaining twelve and one-half (12.5) percent of the funds received in accordance with Section 14-1-208(C)(9) must be expended by SLED to purchase, maintain, and supply videotaping equipment for the breath test sites. Funds must be distributed by the State Treasurer to the Department of Public Safety and SLED on a monthly basis. The Department of Public Safety and SLED are authorized to carry forward any unexpended funds received in accordance with Section 14-1-208(C)(9) as of June thirtieth of each year and to expend these carried forward funds for the purchase, maintenance, and supply of videotaping equipment. The Department of Public Safety and SLED shall must report the revenue received under this section and the expenditures for which the revenue was used as required in the department's and SLED's annual appropriation request to the General Assembly.
(F) The Department of Public Safety and SLED shall must promulgate regulations necessary to implement the provisions of this section.
(G) The provisions contained in Section 56-5-2953(A), (B), and (C) take effect for each law enforcement vehicle used for traffic enforcement once the law enforcement vehicle is equipped with a videotaping device. The provisions contained in Section 56-5-2953(A), (B), and (C) take effect for a breath test site once the breath test site is equipped with a videotaping device."
SECTION 9. The Supremacy Clause of Article VI of the United States Constitution provides that the laws of the United States shall be the supreme law of the land, notwithstanding any provision in the constitution or laws of any state to the contrary, and invests in the Congress the power to preempt state law.
Preemption occurs when the Congress, in enacting a federal statute, expresses a clear intent to preempt state law. However, nothing in Article VI or any other provision of the United States Constitution permits the federal government, the Congress, or federal agencies from withholding funds to which a state is otherwise entitled because of a state's failure to enact a state law consistent with some federal goal or policy. In this case, federal officials have indicated that certain federal highway funds will be withheld from South Carolina unless this State enacts legislation to make it unlawful for a person to drive a motor vehicle while his blood alcohol concentration level is eight one-hundredths of one percent or more rather than the ten one-hundredths of one percent or more.
The South Carolina General Assembly believes this is an action violative of the United States Constitution, and therefore requests the Attorney General of this State to bring an appropriate action in federal court at the earliest possible date challenging the constitutionality of this practice.
SECTION 10. All proceedings pending and all rights and liabilities existing, acquired, or accrued at the time this act takes effect are saved. The provisions of this act apply prospectively to crimes and offenses committed on or after the effective date of this act.
SECTION 11. Section 30 of Act 390 of 2000 is repealed.
SECTION 12. Section 56-5-2940(2) of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:
"(2) by a fine of not less than two thousand one hundred dollars nor more than five thousand one hundred dollars and imprisonment for not less than forty-eight hours five days nor more than one year for the second offense. However, the fine imposed by this item may shall not be suspended in an amount less than one thousand one hundred dollars. In lieu of service of imprisonment, the court may require that the individual complete an appropriate term of public service employment of not less than ten thirty days upon terms and conditions the court considers proper."
SECTION 13. Article 23, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-2942. (A) A person who is convicted of or pleads guilty or nolo contendere to a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 must have all motor vehicles owned by or registered to him immobilized if the person is a resident of this State, unless the vehicle has been confiscated pursuant to Section 56-5-6240.
(B) For purposes of this section, 'immobilized' and 'immobilization' mean suspension and surrender of the registration and motor vehicle license plate.
(C) Upon sentencing for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, the court must ascertain the registration numbers or other information to determine the identity of the vehicles to be immobilized. The court must notify the department of a person's conviction for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 and the identity of the vehicles to be immobilized.
(D) Upon notification by a court in this State or by any other state of a conviction for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, the department must require the person convicted to surrender all license plates and vehicle registrations subject to immobilization pursuant to this section. The immobilization is for a period of thirty days to take place during the driver's license suspension pursuant to a conviction for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945. The department must maintain a record of all vehicles immobilized pursuant to this section.
(E) An immobilized motor vehicle must be released to the holder of a bona fide lien on the motor vehicle when possession of the motor vehicle is requested, as provided by law, by the lienholder for the purpose of foreclosing on and satisfying the lien.
(F) An immobilized motor vehicle may be released by the department without legal or physical restraints to a person who has not been convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, if that person is a registered owner of the motor vehicle or a member of the household of a registered owner. The vehicle must be released if an affidavit is submitted by that person to the department stating that:
(1) he regularly drives the motor vehicle subject to immobilization;
(2) the immobilized motor vehicle is necessary to his employment, transportation to an educational facility, or for the performance of essential household duties;
(3) no other vehicle is available for the use of the person;
(4) the person will not authorize the use of the motor vehicle by any other person known by him to have been convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945;
(5) the person will report immediately to a local law enforcement agency any unauthorized use of the motor vehicle by a person known by him to have been convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945.
(G) The department may conduct a hearing and receive testimony regarding the veracity of an affidavit submitted pursuant to subsection (F) or issue an agency decision to permit or deny the release of the vehicle based on the affidavit. A person may seek relief pursuant to the provisions of the Administrative Procedures Act from an agency action immobilizing a vehicle or denying the release of the vehicle.
(H) A person who operates an immobilized vehicle except as provided in subsections (E) and (F) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.
(I) A person who falsifies a report concerning vehicles owned by or registered to that person, or who fails to surrender registrations and license plates pursuant to this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.
(J) The court must assess a fee of forty dollars for each motor vehicle owned by or registered to the person convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945. This fee must be placed by the Comptroller General into a special restricted interest bearing account to be used by the Department of Public Safety to defray the expenses of the Division of Motor Vehicles."
SECTION 14. Article 3, Chapter 6, Title 23 of the 1976 Code is amended by adding:
"Section 23-6-180. The Department of Public Safety is directed to keep permanent records of all Highway Patrolmen who are killed in the line of duty or die in any other manner while actively employed as well as records of those who are retired."
SECTION 15. Section 56-5-2934 of the 1976 Code, as added by Act 390 of 2000, is amended to read:
"Section 56-5-2934. Notwithstanding any other provision of law, a person charged with a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 who is being tried in any court of competent jurisdiction in this State shall have has the right to compulsory process for obtaining witnesses, documents, or both, including, but not limited to, state employees charged with the maintenance of breath testing devices in this State and the administration of breath testing pursuant to this article. Such This process may be issued under the official signature of the magistrate, judge, clerk, or other officer of the court of competent jurisdiction. The term "documents" includes, but is not limited to, a copy of the computer software program of breath testing devices. The portion of compulsory process provided for in this section that requires the attendance, at any administrative hearing or court proceeding, of state employees charged with the maintenance of breath testing devices in this State and the administration of breath testing pursuant to this article, takes effect once the compulsory process program at the State Law Enforcement Division is specifically, fully, and adequately funded.
In addition, at the time of arrest for a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, the arresting officer, in addition to other notice requirements, must inform the defendant of his right to all hearings provided by law to include those if a breath test is refused or taken with a result that would require license suspension. The arresting officer, if the defendant wishes to avail himself of any such hearings, depending on the choices made or the breath test results obtained, shall then must provide the defendant with the appropriate form to request the hearing or hearings. The defendant shall must acknowledge receipt of the notice requirements and receipt of the hearing form if such a hearing or hearings are desired. The defendant may at this time complete the hearing request form and give it to the officer who shall in turn forward it to the department."
SECTION 16. Section 56-5-2940 of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:
"Section 56-5-2940. A person who violates a provision of Section 56-5-2930 or 56-5-2933, upon conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail must be punished:
(1) by a fine of three four hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days, for the first offense; however, in lieu of the forty-eight hour minimum imprisonment, the court may provide for forty-eight hours of public service employment. The minimum forty-eight hour imprisonment or public service employment must be served at a time when the person is off from work and does not interfere with his regular employment under terms and conditions as the court considers proper. However, the court may not compel an offender to perform public service employment in lieu of the minimum sentence.;
(2) by a fine of not less than two thousand one hundred dollars nor more than five thousand one hundred dollars and imprisonment for not less than forty-eight hours five days nor more than one year for the second offense. However, the fine imposed by this item may shall not be suspended in an amount less than one thousand one hundred dollars. In lieu of service of imprisonment, the court may require that the individual complete an appropriate term of public service employment of not less than ten thirty days upon terms and conditions the court considers proper.;
(3) by a fine of not less than three thousand five eight hundred dollars nor more than six thousand three hundred dollars and imprisonment for not less than sixty days nor more than three years for the third offense.;
(4) by imprisonment for not less than one year nor more than five years for a fourth offense or subsequent offense.
No part of the minimum sentences provided in this section must may be suspended. The court may provide instead of service other sentences provided in this section. For a third or subsequent offense or for a violation of Section 56-5-2945 for great bodily injury, the service of the minimum sentence is mandatory. However, the judge may provide for the sentence to be served upon terms and conditions as he considers proper including, but not limited to, weekend service or nighttime service in any fashion he considers necessary.
The fine for a first offense may not be suspended. The court is prohibited from suspending a monetary fine below that of the next preceding minimum monetary fine.
For the purposes of this chapter any conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail for the violation of any law or ordinance of this or any other state or any municipality of this or any other state that prohibits any a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics shall constitute constitutes a prior offense for the purpose of any prosecution for any subsequent violation hereof. Only those violations which occurred within a period of ten years including and immediately preceding the date of the last violation shall constitute prior violations within the meaning of this section.
Upon imposition of a sentence of public service, the defendant may apply to the court to be allowed to perform his public service in his county of residence if he has been sentenced to public service in a county where he does not reside.
One hundred dollars of each fine imposed pursuant to this section must be placed by the Comptroller General into a special restricted account to be used by the Department of Public Safety for the Highway Patrol.
Two hundred dollars of the fine imposed pursuant to subsection (3) must be placed by the Comptroller General into a special restricted account to be used by the State Law Enforcement Division to offset the costs of administration of the datamaster, breath testing site video program, ignition interlock provisions, and toxicology laboratory."
SECTION 17. Section 56-5-2945 of the 1976 Code is amended to read:
"Section 56-5-2945. (A) Any A person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, drives a vehicle and when driving does any act forbidden by law or neglects any duty imposed by law in the driving of the vehicle, which act or neglect proximately causes great bodily injury or death to any a person other than himself, is guilty of a felony and upon conviction must be punished:
(1) by a mandatory fine of not less than five thousand one hundred dollars nor more than ten thousand one hundred dollars and mandatory imprisonment for not less than thirty days nor more than fifteen years when great bodily injury results;
(2) by a mandatory fine of not less than ten thousand one hundred dollars nor more than twenty-five thousand one hundred dollars and mandatory imprisonment for not less than one year nor more than twenty-five years when death results.
No A part of the mandatory sentences required to be imposed by this section may must not be suspended, and probation may must not be granted for any portion.
(B) As used in this section, "great bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
The department shall must suspend the driver's license of any a person who is convicted or who receives sentence upon a plea of guilty or nolo contendere pursuant to this section for a period to include any a term of imprisonment plus three years.
(C) One hundred dollars of each fine imposed pursuant to this section must be placed by the Comptroller General into a special restricted account to be used by the department for the Highway Patrol."
SECTION 18. Section 56-5-2952 of the 1976 Code, as added by Act 235 of 2002, is amended to read:
"Section 56-5-2952. The filing fee to request an administrative hearing pursuant to Section 56-5-2951 or 56-1-286 for a person whose driver's license has been suspended for either his refusal to submit to a breath test or registering an alcohol concentration greater than the existing lawful limit, or any other administrative hearing before the Department of Public Safety, is fifty one hundred dollars. Funds generated from the collection of this fee must be used by the Office of Administrative Hearings of the Department of Public Safety to defray the costs of scheduling and conducting administrative hearings."
SECTION 19. This act takes effect at 12:00 p.m. on the first Tuesday following sixty days after the signature of the Governor, or August 19, 2003, whichever is later. /
Amend title to conform.
/s/Glenn F. McConnell /s/JoAnne Gilham /s/Larry A. Martin /s/James Howle "Jay" Lucas /s/C. Bradley Hutto /s/Phillip K. "Phil" Sinclair On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
Columbia, S.C., June 5, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Free Conference on:
H. 3231 (Word version) -- Reps. Gilham, Stille, Wilkins, Walker, Bales, M.A. Pitts, Cobb-Hunter, Richardson, Ceips, Cotty, Skelton, Owens, Haskins, Martin, Toole, Lourie, Huggins, E.H. Pitts, Talley, Mahaffey, Leach, Hamilton, Loftis, D.C. Smith, McLeod, Thompson and J.E. Smith: A BILL TO AMEND SECTION 56-5-2950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MOTOR VEHICLE DRIVER'S IMPLIED CONSENT TO CHEMICAL TESTS OF HIS BREATH, BLOOD, OR URINE FOR THE PURPOSE OF DETERMINING THE PRESENCE OF ALCOHOL OR DRUGS OR THE COMBINATION OF ALCOHOL AND DRUGS IN HIS SYSTEM, SO AS TO PROVIDE THAT A DRIVER WHO REGISTERS AN ALCOHOL CONCENTRATION OF EIGHT ONE-HUNDREDTHS OF ONE PERCENT OR MORE IS GUILTY OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, OR A COMBINATION OF ALCOHOL AND DRUGS.
Very respectfully,
Speaker of the House
Received as information.
The Report of the Committee of Free Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
A message was sent to the House accordingly.
S. 28 (Word version) -- Senators Knotts and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-6-5090 AND 12-6-5085 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 THE SOUTH CAROLINA LITTER CONTROL ENFORCEMENT PROGRAM AND TO PROVIDE FOR THE USE OF THE CONTRIBUTIONS MADE PURSUANT TO THESE DESIGNATIONS.
On motion of Senator SETZLER, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator SETZLER spoke on the report.
On motion of Senator SETZLER, the Report of the Committee of Conference to S. 28 was adopted as follows:
The COMMITTEE OF CONFERENCE, to whom was referred:
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.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1.A. Article 37, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-5090. (A) Each taxpayer required to file a state individual income tax return may contribute to the South Carolina Law Enforcement Assistance Program (SCLEAP) by designating the contribution on the return. The contribution may be made by reducing the income tax refund or by remitting additional payment by the amount designated. These contributions must be credited to a separate fund in the State Treasury styled the South Carolina Law Enforcement Assistance Program Fund and used by the State Law Enforcement Division only for the SCLEAP program as provided in Section 23-3-65. Revenues in the fund carry forward into succeeding fiscal years and earnings of the fund must be credited to it.
(B) All South Carolina individual income tax return forms must contain a designation for the above contribution. The instructions accompanying the income tax form must contain a description of the purposes for which the SCLEAP Fund is established and the use of the monies from the contributions.
(C) The department shall determine and report annually to the fund the total amount of contributions designated. The department shall transfer the appropriate amount to the fund at the earliest possible time. The incremental cost of administration of the contribution must be paid out of the contributions before any fund revenues are expended as provided in this section.
(D) For purposes of this section, the South Carolina Department of Revenue is not subject to provisions of the South Carolina Solicitation of Charitable Funds Act as contained in Chapter 56, Title 33."
B. Article 37, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-5085. (A) Each taxpayer required to file a state individual income tax return may contribute to the South Carolina Litter Control Enforcement Program (SCLCEP) by designating the contribution on the return. The contribution may be made by reducing the income tax refund or by remitting additional payment by the amount designated. These contributions must be credited to a separate fund in the State Treasury styled the South Carolina Litter Control Enforcement Program Fund and used by the Governor's Task Force on Litter only for the SCLCEP program. Revenues in the fund carry forward into succeeding fiscal years and earnings of the fund must be credited to it.
(B) All South Carolina individual income tax return forms must contain a designation for the above contribution. The instructions accompanying the income tax form must contain a description of the purposes for which the SCLCEP Fund is established and the use of the monies from the contributions.
(C) The department shall determine and report annually to the fund the total amount of contributions designated. The department shall transfer the appropriate amount to the fund at the earliest possible time. The incremental cost of administration of the contribution must be paid out of the contributions before any fund revenues are expended as provided in this section.
(D) For purposes of this section, the South Carolina Department of Revenue is not subject to provisions of the South Carolina Solicitation of Charitable Funds Act as contained in Chapter 56, Title 33."
C. This section takes effect upon approval of this act by the Governor and first applies for individual income tax returns filed for taxable year 2003.
SECTION 2. Except as otherwise provided in this act, this act takes effect upon approval by the Governor. /
Amend title to read:
/ TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-6-5090 AND 12-6-5085 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 THE SOUTH CAROLINA LITTER CONTROL ENFORCEMENT PROGRAM AND TO PROVIDE FOR THE USE OF THE CONTRIBUTIONS MADE PURSUANT TO THESE DESIGNATIONS. /
Amend title to conform.
/s/Nikki G.Setzler /s/James G. McGee III /s/William H. O'Dell /s/James A. Battle, Jr. /s/William S. Branton, Jr. /s/Daniel T. Cooper On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
Columbia, S.C., June 5, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:
S. 28 (Word version) -- Senators Knotts and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-6-5090 AND 12-6-5085 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 THE SOUTH CAROLINA LITTER CONTROL ENFORCEMENT PROGRAM AND TO PROVIDE FOR THE USE OF THE CONTRIBUTIONS MADE PURSUANT TO THESE DESIGNATIONS.
Very respectfully,
Speaker of the House
Received as information.
The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
A message was sent to the House accordingly.
Columbia, S.C., June 5, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3257 (Word version) -- Reps. Lourie, J.E. Smith, J. Brown, Bales, Cotty, Scott, Howard, J.H. Neal and Rutherford: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF RICHLAND COUNTY SCHOOL DISTRICT ONE AND RICHLAND COUNTY SCHOOL DISTRICT TWO MUST BE SET BY THE BOARD OF TRUSTEES OF EACH RESPECTIVE DISTRICT IN THEIR SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4270 (Word version) -- Reps. Branham, McGee, Coates, M. Hines and J. Hines: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE FLORENCE COUNTY SCHOOL DISTRICTS 1, 2, 3, 4, AND 5 OF FLORENCE COUNTY MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
H. 4016 (Word version) -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 130, TITLE 59 SO AS TO ENACT THE "COLLEGE OF CHARLESTON ACADEMIC AND ADMINISTRATIVE FACILITIES BOND ACT" WHICH PRESCRIBES THE MANNER IN WHICH AND CONDITION UNDER WHICH THE COLLEGE OF CHARLESTON MAY ISSUE CERTAIN REVENUE BONDS FOR THE ACQUISITION OF ACADEMIC AND ADMINISTRATIVE BUILDINGS.
Senator LEVENTIS asked unanimous consent to take up H. 4016 for immediate consideration.
Senator KUHN objected.
Columbia, S.C., June 5, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 523 (Word version) -- Senator Gregory: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 50 OF THE 1976 CODE BY ADDING SECTION 50-11-105 TO PROVIDE MEASURES THE DEPARTMENT OF NATURAL RESOURCES MAY IMPLEMENT TO PREVENT AND CONTROL THE SPREAD OF DISEASE AMONG WILDLIFE; TO AMEND SECTION 50-11-1090, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO ALLOW THE TAKING OF ANIMALS THAT CAUSE DAMAGE TO CROPS AND PROPERTY, TO EXTEND THIS AUTHORITY TO ANIMALS POSING A HUMAN HEALTH RISK; AND TO AMEND ARTICLE 8, CHAPTER 11 OF TITLE 50 BY ADDING SECTION 50-11-1900 TO PROVIDE THAT IT IS UNLAWFUL TO POSSESS OR TRANSPORT LIVE DEER EXCEPT IN CERTAIN CIRCUMSTANCES AND PROVIDE PENALTIES.
Very respectfully,
Speaker of the House
Received as information.
S. 523 (Word version) -- Senator Gregory: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 50 OF THE 1976 CODE BY ADDING SECTION 50-11-105 TO PROVIDE MEASURES THE DEPARTMENT OF NATURAL RESOURCES MAY IMPLEMENT TO PREVENT AND CONTROL THE SPREAD OF DISEASE AMONG WILDLIFE; TO AMEND SECTION 50-11-1090, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO ALLOW THE TAKING OF ANIMALS THAT CAUSE DAMAGE TO CROPS AND PROPERTY, TO EXTEND THIS AUTHORITY TO ANIMALS POSING A HUMAN HEALTH RISK; AND TO AMEND ARTICLE 8, CHAPTER 11 OF TITLE 50 BY ADDING SECTION 50-11-1900 TO PROVIDE THAT IT IS UNLAWFUL TO POSSESS OR TRANSPORT LIVE DEER EXCEPT IN CERTAIN CIRCUMSTANCES AND PROVIDE PENALTIES.
On motion of Senator GREGORY, the Senate insisted upon its amendments to S. 523 and asked for a Committee of Conference.
Whereupon, Senators GREGORY, RAVENEL and McGILL were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., June 4, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Frye, Perry and Loftin to the Committee of Conference on the part of the House on:
S. 523 (Word version) -- Senator Gregory: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 50 OF THE 1976 CODE BY ADDING SECTION 50-11-105 TO PROVIDE MEASURES THE DEPARTMENT OF NATURAL RESOURCES MAY IMPLEMENT TO PREVENT AND CONTROL THE SPREAD OF DISEASE AMONG WILDLIFE; TO AMEND SECTION 50-11-1090, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO ALLOW THE TAKING OF ANIMALS THAT CAUSE DAMAGE TO CROPS AND PROPERTY, TO EXTEND THIS AUTHORITY TO ANIMALS POSING A HUMAN HEALTH RISK; AND TO AMEND ARTICLE 8, CHAPTER 11 OF TITLE 50 BY ADDING SECTION 50-11-1900 TO PROVIDE THAT IT IS UNLAWFUL TO POSSESS OR TRANSPORT LIVE DEER EXCEPT IN CERTAIN CIRCUMSTANCES AND PROVIDE PENALTIES.
Very respectfully,
Speaker of the House
Received as information.
S. 523 (Word version) -- Senator Gregory: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 50, CODE OF LAWS, 1976, RELATING TO THE PROTECTION OF GAME, BY ADDING SECTION 50-11-105 SO AS TO PROVIDE MEASURES THE DEPARTMENT OF NATURAL RESOURCES MAY IMPLEMENT TO PREVENT AND CONTROL THE SPREAD OF DISEASE AMONG WILDLIFE; AND TO AMEND SECTION 50-11-1090, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO ALLOW THE TAKING OF ANIMALS THAT CAUSE DAMAGE TO CROPS AND PROPERTY, SO AS TO EXTEND THIS AUTHORITY TO ANIMALS POSING A HUMAN HEALTH RISK, AND TO DELETE THE PROVISION THAT RELATES TO THE DISPOSAL OF CERTAIN DEER.
On motion of Senator GREGORY, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator GREGORY spoke on the report.
On motion of Senator GREGORY, the Report of the Committee of Conference to S. 523 was adopted as follows:
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 523 (Word version) -- Senator Gregory: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 50, OF THE 1976 CODE BY ADDING SECTION 50-11-105 TO PROVIDE MEASURES THE DEPARTMENT OF NATURAL RESOURCES MAY IMPLEMENT TO PREVENT AND CONTROL THE SPREAD OF DISEASE AMONG WILDLIFE; TO AMEND SECTION 50-11-1090, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO ALLOW THE TAKING OF ANIMALS THAT CAUSE DAMAGE TO CROPS AND PROPERTY, TO EXTEND THIS AUTHORITY TO ANIMALS POSING A HUMAN HEALTH RISK; AND TO AMEND ARTICLE 8, CHAPTER 11 OF TITLE 50 BY ADDING SECTION 50-11-1900 TO PROVIDE THAT IT IS UNLAWFUL TO POSSESS OR TRANSPORT LIVE DEER EXCEPT IN CERTAIN CIRCUMSTANCES AND PROVIDE PENALTIES.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer's Version 5/29/03.)
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 1, Chapter 11, Title 50 of the 1976 Code is amended by adding:
"Section 50-11-105. (A) The department, after consulting with the State Livestock-Poultry Health Commission and the United States Department of Agriculture Veterinarian in Charge for South Carolina and after a reasonable attempt at landowner notification, may carry out operations including quarantines, destruction of wildlife, or other measures to locate, detect, control, eradicate, or retard the spread of diseases of wildlife independently or in cooperation with counties, special purpose districts, municipalities, property owner's associations or similar organizations, individuals, federal agencies, or agencies of other states, by regulation, compliance agreement, judicial action, or other appropriate means. The State shall not be required to indemnify the property owner for any wildlife taken as a result of this action. For the purposes of this section, landowner notification can occur by means of a telephone call, in person, or in writing.
(B) The department, in accordance with the Administrative Procedures Act and in order to ensure the continued health and safety of wildlife, may promulgate and enforce reasonable regulations to control or prohibit the shipment within, export from, or import into this State any wildlife, carcasses, or associated products of any nature or character from a state, territory, or foreign country when, in the opinion of the department, the regulation or prohibition is necessary to prevent the introduction or distribution of a disease or diseased, infirmed, or unhealthy wildlife.
(C) Department personnel and their designees are authorized to euthanize sick or injured wildlife."
SECTION 2. Section 50-11-1090 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-11-1090. The department has the authority during any season of the year to permit the taking of any game animal and prescribe the method by which they may be taken when they become so numerous that they cause excessive damage to crops and or property or when they pose a significant human health risk. Any animal taken under these conditions is under the supervision of the department. Any deer killed under these conditions must be given to eleemosynary institutions."
SECTION 3. This act takes effect upon approval by the Governor. /
Amend title to read:
/TO AMEND ARTICLE 1, CHAPTER 11, TITLE 50, CODE OF LAWS, 1976, RELATING TO THE PROTECTION OF GAME, BY ADDING SECTION 50-11-105 SO AS TO PROVIDE MEASURES THE DEPARTMENT OF NATURAL RESOURCES MAY IMPLEMENT TO PREVENT AND CONTROL THE SPREAD OF DISEASE AMONG WILDLIFE; AND TO AMEND SECTION 50-11-1090, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO ALLOW THE TAKING OF ANIMALS THAT CAUSE DAMAGE TO CROPS AND PROPERTY, SO AS TO EXTEND THIS AUTHORITY TO ANIMALS POSING A HUMAN HEALTH RISK, AND TO DELETE THE PROVISION THAT RELATES TO THE DISPOSAL OF CERTAIN DEER. /
/s/Chauncey K. Gregory /s/Marion B. Frye /s/Arthur Ravenel, Jr. /s/Dwight A. Loftis /s/J. Yancey McGill /s/Robert S. Perry, Jr. On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
Columbia, S.C., June 5, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:
S. 523 (Word version) -- Senator Gregory: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 50, CODE OF LAWS, 1976, RELATING TO THE PROTECTION OF GAME, BY ADDING SECTION 50-11-105 SO AS TO PROVIDE MEASURES THE DEPARTMENT OF NATURAL RESOURCES MAY IMPLEMENT TO PREVENT AND CONTROL THE SPREAD OF DISEASE AMONG WILDLIFE; AND TO AMEND SECTION 50-11-1090, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO ALLOW THE TAKING OF ANIMALS THAT CAUSE DAMAGE TO CROPS AND PROPERTY, SO AS TO EXTEND THIS AUTHORITY TO ANIMALS POSING A HUMAN HEALTH RISK, AND TO DELETE THE PROVISION THAT RELATES TO THE DISPOSAL OF CERTAIN DEER.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification:
S. 523 (Word version) -- Senator Gregory: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 50, CODE OF LAWS, 1976, RELATING TO THE PROTECTION OF GAME, BY ADDING SECTION 50-11-105 SO AS TO PROVIDE MEASURES THE DEPARTMENT OF NATURAL RESOURCES MAY IMPLEMENT TO PREVENT AND CONTROL THE SPREAD OF DISEASE AMONG WILDLIFE; AND TO AMEND SECTION 50-11-1090, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO ALLOW THE TAKING OF ANIMALS THAT CAUSE DAMAGE TO CROPS AND PROPERTY, SO AS TO EXTEND THIS AUTHORITY TO ANIMALS POSING A HUMAN HEALTH RISK, AND TO DELETE THE PROVISION THAT RELATES TO THE DISPOSAL OF CERTAIN DEER.
Very respectfully,
Speaker of the House
Received as information.
S. 317 (Word version) -- Senators Elliott, Rankin, Short, Reese and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 6, TITLE 44 SO AS TO CREATE THE INTERSTATE BULK PRESCRIPTION DRUG PROGRAM WITH NEIGHBORING STATES TO PROVIDE PRESCRIPTION DRUGS AT A REDUCED COST TO SENIOR AND DISABLED RESIDENTS WHO DO NOT HAVE PRESCRIPTION DRUG COVERAGE.
The House returned the Bill with amendments.
On motion of Senator J. VERNE SMITH, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
Columbia, S.C., June 5, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 317 (Word version) -- Senators Elliott, Rankin, Short, Reese and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 6, TITLE 44 SO AS TO CREATE THE INTERSTATE BULK PRESCRIPTION DRUG PROGRAM WITH NEIGHBORING STATES TO PROVIDE PRESCRIPTION DRUGS AT A REDUCED COST TO SENIOR AND DISABLED RESIDENTS WHO DO NOT HAVE PRESCRIPTION DRUG COVERAGE.
asks for a Committee of Conference, and has appointed Reps. McGee, Cobb-Hunter and Joint Resolution and White to the committee on the part of the House.
Very respectfully,
Speaker of the House
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, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 3465 (Word version) -- Reps. Pinson, Parks, M.A. Pitts, Duncan, Taylor and Anthony: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SCHOOL DISTRICTS NO. 50 AND 52 IN GREENWOOD COUNTY, SCHOOL DISTRICT NO. 51 IN GREENWOOD AND LAURENS COUNTIES, AND SCHOOL DISTRICTS NO. 55 AND 56 IN LAURENS COUNTY MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICTS IN THEIR SOLE DISCRETION, PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
By prior motion of Senator VERDIN, with unanimous consent
H. 4250 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO MOTORIST INSURANCE IDENTIFICATION DATABASE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2820, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
By prior motion of Senator RYBERG, with unanimous consent
H. 4286 (Word version) -- Rep. Walker: A BILL TO AMEND SECTION 7-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS IN SPARTANBURG COUNTY, DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE POLLING PLACES FOR THESE PRECINCTS MUST BE DETERMINED BY THE SPARTANBURG COUNTY ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF SPARTANBURG COUNTY LEGISLATIVE DELEGATION.
By prior motion of Senator REESE, with unanimous consent
H. 3889 (Word version) -- Reps. Dantzler, Rhoad, Altman, Bailey, Coates, Gourdine, Hinson, Merrill, Ott, Perry, Quinn, Scarborough, Taylor, Trotter, Umphlett, Snow, Frye and Koon: A BILL TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF VETERINARY MEDICINE, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE STATE BOARD OF VETERINARY MEDICINE INCLUDING, BUT NOT LIMITED TO, REVISING PROCEDURES FOR CONDUCTING HEARINGS, REQUIRING DISCIPLINARY PROCEEDINGS TO BE OPEN TO THE PUBLIC AND TO PROVIDE EXCEPTIONS, PROVIDING FOR LICENSURE BY ENDORSEMENT, AUTHORIZING STUDENT PRECEPTOR PROGRAMS, AND ESTABLISHING CERTAIN STANDARDS FOR EMERGENCY CARE FACILITIES AND MOBILE CARE REQUIREMENTS.
H. 3739 (Word version) -- Reps. Ceips, Whipper, M.A. Pitts, Altman, Anthony, Bailey, Battle, Cato, Clark, Dantzler, Duncan, Emory, Hamilton, Harrison, Haskins, Herbkersman, Keegan, Kirsh, Koon, Leach, Littlejohn, Mahaffey, Martin, McCraw, Miller, J.M. Neal, Phillips, Pinson, Rhoad, Richardson, Sinclair, Umphlett, Whitmire, Lourie and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3905 SO AS TO PROVIDE THAT THE OPERATOR OF A MOTOR VEHICLE MUST ACTIVATE THE VEHICLE'S INTERIOR LIGHTS WHEN STOPPED BY A LAW ENFORCEMENT OFFICER, AND TO PROVIDE A PENALTY FOR A PERSON WHO FAILS TO COMPLY WITH THIS PROVISION.
By prior motion of Senator RANKIN, with unanimous consent
H. 3418 (Word version) -- Reps. Townsend and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 23, TITLE 59 SO AS TO FURTHER PROVIDE FOR APPLICABLE STANDARDS, WHICH APPLY TO THE CONSTRUCTION, IMPROVEMENT, OR RENOVATION OF PUBLIC SCHOOL BUILDINGS AND PROPERTY, AND TO REQUIRE THE CONSTRUCTION, IMPROVEMENT, OR RENOVATION OF PUBLIC SCHOOL BUILDINGS AND PROPERTY TO BE INSPECTED BY THE STATE SUPERINTENDENT OF EDUCATION OR THE SUPERINTENDENT'S DESIGNEE BEFORE OCCUPANCY AND A CERTIFICATE OF OCCUPANCY OBTAINED FROM THE SUPERINTENDENT; AND TO REPEAL ARTICLE 1, CHAPTER 23, TITLE 59 OF THE 1976 CODE, RELATING TO SCHOOL BUILDING CODES AND INSPECTIONS.
Senator SETZLER asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senators SETZLER and HAYES proposed the following Amendment No. 1 (NBD\11922AC03), which was adopted:
Amend the bill, as and if amended, Section 59-23-220, page 2, line 30 by deleting /occupancy/ and inserting /approval/.
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 third time, passed and ordered returned to the House of Representatives with amendments.
H. 4270 (Word version) -- Reps. Branham, McGee, Coates, M. Hines and J. Hines: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE FLORENCE COUNTY SCHOOL DISTRICTS 1, 2, 3, 4, AND 5 OF FLORENCE COUNTY MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
Senator SHORT asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator SHORT proposed the following Amendment No. 1 (4270R001.LHS), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Notwithstanding the provisions of Section 59-5-71 of the 1976 Code, or any regulation or action of the State Board of Education to the contrary, beginning with school year 2003-2004, the starting date and ending date for the annual school term of Chester County School District, Fairfield County School District, Florence County School Districts 1, 2, 3, 4, and 5 of Florence County, and Union County School District must be set by the board of trustees of the districts in their sole discretion provided that the annual school term must comply with all requirements of Section 59-1-420 relating to length of the school term. /
Renumber sections to conform.
Amend title to conform.
Senator SHORT explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 3052 (Word version) -- Reps. Harrison, Simrill, Vaughn, Hinson, W.D. Smith, Kirsh, Sandifer, Umphlett, Talley, Merrill, Cobb-Hunter, Witherspoon, Ceips and Richardson: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LITTERING, SO AS TO PROVIDE THAT, WHEN A SENTENCE FOR A VIOLATION OF THE PROVISIONS THAT PROHIBIT LITTERING INCLUDES LITTER-GATHERING LABOR IN ADDITION TO A FINE OR IMPRISONMENT, THE LITTER-GATHERING PORTION OF THE SENTENCE IS MANDATORY AND MUST NOT BE SUSPENDED NOR PROBATION GRANTED IN LIEU OF THE LITTER-GATHERING REQUIREMENT EXCEPT FOR A PERSON'S PHYSICAL OR OTHER INCAPACITIES.
Senator KNOTTS asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator KNOTTS proposed the following amendment (GJK\ 20742SD03), which was adopted:
Amend the bill, as and if amended, by adding the following SECTIONS to be appropriately numbered to read:
/ SECTION ____. Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-5635. (A) Notwithstanding another provision of law, a law enforcement officer who directs that a vehicle be towed for any reason, whether on public or private property, shall use the established towing procedure for his jurisdiction. A request by a law enforcement officer resulting from a law enforcement action including, but not limited to, a motor vehicle collision, vehicle break down, or vehicle recovery incident to an arrest, is deemed a law enforcement towing for purposes of recovering costs associated with the towing and storage of the vehicle or other property, unless the request for towing is made by a law enforcement officer at the direct request of the owner or operator of the vehicle.
(B) Within ten days following a law enforcement's towing request, the towing or storage operator or owner shall provide to the sheriff or chief of police a list describing the vehicles or other property remaining in their possession. Failure to provide the law enforcement agency this list, the towing and storage owner or operator forfeits recovery of all costs associated with towing and storage of the vehicle or other property. Upon receipt of this list, the sheriff or chief of police shall provide the towing company the current owner's name, address, and a record of all lienholders along with the make, model, and vehicle identification number or a description of the object on the proper forms within ten days and must be at no cost to the storage operator. The storage place having towed or received the vehicle shall notify by registered or certified mail, return receipt requested, the last known registered owner and all lienholders of record that the vehicle has been taken into custody.
(C) If the identify of the last registered owner cannot be determined, or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, the towing or storage owner or operator shall provide notice by one publication in one newspaper of general circulation in the area where the vehicle was abandoned is sufficient to meet all requirements of notice pursuant to this article. The notice by publication may contain multiple listings of abandoned vehicles.
(D) The proprietor, owner, operator of a storage place, garage, or towing service, who has towed and stored a vehicle or object has a lien against the vehicle or object and its contents, and may have the vehicle or object and its contents sold at public auction pursuant to Section 29-15-10. Storage costs may be charged that have accrued before the notification of the owner and lienholder, by certified or registered mail, of the location of the vehicle, but may not exceed charges for five days from the date the towing or storage operator receives the owner and lienholder's name and address as provided by Section 56-5-5635(B). The lienholder of record must be notified, return receipt requested, of all reasonable towing charges and any storage costs that will accrue from the date the certified letter is mailed. Fifteen days after the notice is mailed, return receipt requested, and the vehicle or object and its contents are not reclaimed, the vehicle or object and its contents are considered abandoned and may be sold by the magistrate pursuant to the procedures in Section 29-15-10."
SECTION ____. Section 16-11-760 of the 1976 Code is amended to read:
"Section 16-11-760. (A) It shall be is unlawful for any a person to park a motor-driven or other vehicle on the private property of another without the owner's consent, if the property is for commercial use, the owner shall post a notice in a conspicuous place on the borders of such the property near each entrance prohibiting such this parking. Proof of the posting shall be is deemed and taken as notice conclusive against the person making entry.
(B) Any motor-driven or other A vehicle found parked on private property as provided in this section may be towed away and stored at the expense of the vehicle registered owner or lienholder, and such charges for towing and storage charge shall constitute a lien against such vehicle, storing, preserving the vehicle, and expenses incurred if the owner and lienholder are notified pursuant to Section 29-15-10 constitute a lien against the vehicle, provided that the towing company makes notification to the law enforcement agency pursuant to Section 56-5-2525.
It shall be lawful for any proprietor, owner and operator of any storage place, garage or towing service of whatever kind, which shall have towed away and stored any such vehicle, to have the vehicle sold at public outcry to the highest bidder upon the expiration of thirty days after written notice by certified mail has been given to the owner of the vehicle at his last known address that the towing and storage charges are due and such vehicle shall be sold by any regular or special constable appointed by any court of competent jurisdiction in the county in which the towing was performed or the vehicle was stored. Any regular or special constable shall, before selling the vehicle, advertise it for at least fifteen days by posting a notice in three public places in the county of sale, one of which shall be the courthouse door or bulletin board. He shall, after deducting all proper costs and commissions, pay to the claimant the money due to him, taking his receipt for it, after which he shall deposit the receipt, as well as the items of costs and commissions, with the remainder of the money or proceeds of the sale, in the office of the clerk of the court, subject to the order of the owner thereof, or his legal representatives, and shall issue a bill of sale to the highest bidder. The regular or special constable who shall sell the vehicle shall be entitled to receive the same commissions as are allowed by law for the sale of personal property by constables. Any such sale shall be made for cash to the highest bidder after the notice shall have been given and the true result of such sale shall be forthwith made known to the original owner of the article so sold by notice addressed to the last known address of such owner.
Provided, however, that any such sale shall be subject to any outstanding lien recorded on the title certificate for such vehicle, which lien shall remain in full force and effect to the same extent as if such sale had not been held. In the event that the title certificate shows an unsatisfied lien, notice shall also be given to the lienholder in addition to the owner as above provided, and in addition thereto the officer selling said vehicle shall furnish to the lienholder the name and address of the purchaser of said vehicle. The bill of sale to the highest bidder shall clearly state that said vehicle is subject to the lien or liens of recorded lienholders.
(C) If the vehicle is not claimed by the owner, lienholder, or their agent, as provided by Section 56-5-5635(D), the vehicle must be sold pursuant to Section 29-15-10 by a magistrate in the county in which the vehicle was towed or stored.
(D) Any A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of fined not less than twenty-five dollars and not exceeding one hundred dollars or by imprisonment for a term imprisoned not exceeding thirty days, and. This punishment is in addition to the other remedies which are authorized in this section."
SECTION ____. Section 29-15-10 of the 1976 Code is amended to read:
"Section 29-15-10. It is lawful for any proprietor, owner, or operator of any storage place, garage, or repair shop of whatever kind or repairman who makes repairs upon any article under contract or furnishes any material for the repairs to sell the property as provided in this section. When property has been left at his shop for repairs or storage, and after the completion of these repairs or the expiration of the storage contract, and the article has been continuously retained in his possession, the property may be sold at public auction to the highest bidder upon the expiration of thirty days after written notice has been given to the owner of the property and to any lienholder with a perfected security interest in the property that the repairs have been completed or storage charges are due. The property must be sold by any a magistrate of the county in which the work was done or the vehicle or thing was stored. However, only those storage charges which accrued after the day on which written notice was mailed to the lienholder constitutes a lien against the vehicle or property to be sold. Storage costs may be charged that have accrued before the notification of the owner and lienholder, by certified or registered mail, of the location of the vehicle, but may not exceed charges for five days from the date the towing or storage operator receives the owner and lienholder's name and address. However, all storage costs that accrue from the date the notice is mailed may be recovered at the time of the sale. The magistrate shall, before selling the property, insure that any lienholder of record has been notified of the pending sale, and the magistrate shall advertise the property for at least fifteen days by posting a notice in three public places in his township. He shall, after deducting all proper costs and commissions, pay to the claimant the money due to him, taking his receipt for it, after which he shall deposit the receipt, as well as the items of costs and commissions with the remainder of the money or proceeds of the sale in the office of the clerk of court subject to the order of the owner of the article and any lienholders having perfected security interest in the article or any legal representative of the owner or the lienholder. The magistrate who sells the property is entitled to receive the same commissions as allowed by law for the sale of personal property by constables. When the value of the property repaired or stored does not exceed ten dollars, the storage owner, operator, or repairman may sell the property at public auction to the highest bidder upon the expiration of thirty days after written notice has been given to the owner of the property that the repairs have been completed or storage charges are due and if a description of the article to be offered for sale and the cost of it has been from the time of the written notice advertised, together with the time and place of the proposed sale, in a prominent place in the shop or garage, on the county bulletin board at the courthouse, and in some other public place. The sale must be made for cash to the highest bidder at the shop or garage at which the repairs were made or storage incurred at ten a.m. on the first Monday of the first month after the thirty days' notice has been given and the true result of the sale must be immediately made known to the original owner of the article sold by notice addressed to the last-known address of the owner."
SECTION ____. Section 56-5-5630 of the 1976 Code, as last amended by Act 195 of 2002, is further amended to read:
"Section 56-5-5630. (a)(1) For purposes of this section, 'vehicle' means any motor vehicle, trailer, mobile home, watercraft, or any other item or object that is subject to towing and storage at the direction of a law enforcement officer, and applies to any vehicle in custody at the time of the enactment of this section. Storage costs for those vehicles in custody at the time of the enactment of this section must not exceed sixty days.
(2) When an abandoned motor vehicle has been taken into custody, the sheriff, or his designee, or chief of police, or his designee, storage place having towed and received the vehicle shall notify within forty-five days, by registered or certified mail, return receipt requested, the last known registered owner of the vehicle and all lienholders of record that the vehicle has been taken into custody. Notification of the owner and all lienholders by certified or registered United States mail, return receipt requested, constitutes notification for purposes of this section. The notice must describe the year, make, model, and serial number of the vehicle, set forth where the motor vehicle is being held, inform the owner and any all lienholders of the right to reclaim the motor vehicle within fifteen days after the date of the notice, return receipt requested, upon payment of all towing, preservation, and storage charges resulting from placing the vehicle or other property in custody, and state that the failure of the owner or and all lienholders to exercise their right to reclaim the vehicle or other property within the time provided is deemed a waiver by the owner and all lienholders of all right, title, and interest in the vehicle or other property and consent to the sale of the vehicle or other property at a public auction.
(b) If the identity of the last registered owner cannot be determined, or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by one publication in one newspaper of general circulation in the area where the motor vehicle was abandoned is sufficient to meet all requirements of notice pursuant to this article. The notice by publication may contain multiple listings of abandoned vehicles. This notice must be within the time requirements prescribed for notice by registered or certified mail and must have the same contents required for a notice by registered mail. Storage costs accrued from the original storage date to the date of the sale of the vehicle may be recovered from the proceeds of the sale as provided by Section 56-5-5640.
(c) No A lienholder shall be is not subject to any a penalty imposed by law in this State for abandonment unless the vehicle is abandoned by the lienholder, or his agent, or servant or if a false statement or report to a law enforcement officer is made as provided by Section 16-17-722. No An owner of a vehicle which has been stolen and thereafter after that abandoned, as defined by this article, shall be is not liable for any charges or penalties imposed herein in this section, otherwise all charges or penalties are the responsibility of the last registered owner. A vehicle shall be is deemed to be stolen when the registered owner notifies a police officer of this State and such the report is accepted and carried on the records of the sheriff or chief of police as a stolen vehicle. Within ten days of the tow, the law enforcement agency that requested the tow shall provide the towing company, at no cost to the storage operator, the current owner's name, address, and the name and address of all lienholders of record along with the make, model, vehicle identification number, or a description of the object. A law enforcement agency is not liable for the costs or fee associated with the towing and storage of a vehicle or other property as provided by this section."
SECTION ____. Section 56-5-5640 of the 1976 Code, as last amended by Act 195 of 2002, is further amended to read:
"Section 56-5-5640. If an abandoned vehicle has not been reclaimed as provided for in Section 56-5-5630, the sheriff or his designee, or chief of police or his designee shall sell proprietor, owner, or operator of the storage place, or their designee, may have the abandoned vehicle sold at a public auction pursuant to the provisions of Section 29-15-10. The purchaser of the vehicle shall take title to it free and clear of all liens and claims of ownership, shall receive a sales receipt from the sheriff or chief of police magistrate's bill of sale, and must be is entitled to register the purchased vehicle and receive a certificate of title. The sales receipt bill of sale at such the sale must be sufficient title only for purposes of transferring the vehicle to a demolisher for demolition, wrecking, or dismantling, and in such this case no further titling of the vehicle must be is necessary. The expenses of the auction, the costs of towing, preserving, and storing the vehicle which resulted from placing the vehicle in custody, and all notice and publication costs incurred pursuant to the provisions of Section 56-5-5630, must be reimbursed from the proceeds of the sale of the vehicle. Any remainder from the proceeds of the sale must be held for the owner of the vehicle or entitled lienholder for ninety days and. The proprietor, owner, or operator of the storage place, or their designee, shall notify the owner and all lienholders by certified or registered United States mail, return receipt requested, that the vehicle owner or lienholder has ninety days to claim the proceeds from the sale of the vehicle. If the vehicle proceeds are not collected after ninety days from the date the notice to the owner and all lienholders is mailed, then the vehicle proceeds must be deposited in the general fund of the county or municipality."
SECTION ____. Section 56-5-2522 of the 1976 Code is repealed.
SECTION ____. (A) Chapter 15, Title 56 of the 1976 Code is amended by adding:
Nonfranchise Automobile
Dealer Prelicensing
Section 56-15-410. An applicant for an initial nonfranchise automobile dealer license must complete successfully at least eight hours of prelicensing education courses before he may be issued a license. At least one shareholder listed on the application for an initial nonfranchise automobile dealer license must comply with the education requirement contained in this section.
Section 56-15-420. The Department of Public Safety shall promulgate regulations to implement the provisions contained in this article.
Section 56-15-430. The provisions contained in Sections 56-15-410 and 56-15-420 do not apply to a franchised automobile dealer or a nonfranchised automobile dealer owned and operated by a franchised automobile dealer.
Section 56-15-440. The provisions contained in Sections 56-15-410 and 56-15-420 do not apply to a nonfranchised automobile dealer whose primary business objective and substantial business activity is the rental of motor vehicles, regulated by Title 56."
(B) Notwithstanding the general effective date of this act, Sections 56-15-410, 56-15-430, and 56-15-440, added by this section take effect on January 1, 2004. Section 56-15-420 added by this section takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator KNOTTS explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
Columbia, S.C., June 5, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3052 (Word version) -- Reps. Harrison, Simrill, Vaughn, Hinson, W.D. Smith, Kirsh, Sandifer, Umphlett, Talley, Merrill, Cobb-Hunter, Witherspoon, Ceips and Richardson: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LITTERING, SO AS TO PROVIDE THAT, WHEN A SENTENCE FOR A VIOLATION OF THE PROVISIONS THAT PROHIBIT LITTERING INCLUDES LITTER-GATHERING LABOR IN ADDITION TO A FINE OR IMPRISONMENT, THE LITTER-GATHERING PORTION OF THE SENTENCE IS MANDATORY AND MUST NOT BE SUSPENDED NOR PROBATION GRANTED IN LIEU OF THE LITTER-GATHERING REQUIREMENT EXCEPT FOR A PERSON'S PHYSICAL OR OTHER INCAPACITIES.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
On motion of Senator McCONNELL, with unanimous consent, any remaining uncontested magisterial appointments would be confirmed.
H. 3926 (Word version) -- Reps. Limehouse, Howard, Sandifer, Koon, Harrell, Scarborough, J.E. Smith, Govan, Townsend, J.M. Neal, Cato, Rhoad, E.H. Pitts, Altman, Battle, Bingham, Bowers, Breeland, Chellis, Clark, Clemmons, Dantzler, Edge, Emory, Freeman, Gourdine, Hamilton, Harrison, Haskins, Herbkersman, J. Hines, Jennings, Leach, Littlejohn, Mahaffey, McLeod, Merrill, Miller, Moody-Lawrence, Owens, Parks, M.A. Pitts, Rice, Richardson, Rivers, Rutherford, Simrill, Skelton, D.C. Smith, J.R. Smith, W.D. Smith, Snow, Stewart, Talley, Toole, Tripp, Umphlett, Vaughn, Walker, Whitmire, Wilkins, Bales and Bailey: A BILL TO AMEND SECTION 59-149-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DURATION OF LIFE SCHOLARSHIPS, SO AS TO PROVIDE THAT A STUDENT RECEIVING A LIFE SCHOLARSHIP ON AND AFTER SEPTEMBER 11, 2001, WHO IS A MEMBER OF THE NATIONAL GUARD OR RESERVES AND WHO IS CALLED TO ACTIVE DUTY AFTER THIS DATE IN CONNECTION WITH THE CONFLICT IN IRAQ OR THE WAR ON TERRORISM SHALL HAVE ADDITIONAL SEMESTERS TO COMPLETE HIS ELIGIBILITY EQUAL TO THE SEMESTER HE WAS ACTIVATED PLUS ANY ADDITIONAL SEMESTERS OR PORTIONS OF SEMESTERS MISSED AS A RESULT OF THE ACTIVATION.
Senator LAND asked unanimous consent to take the Bill up for immediate consideration.
Senator KUHN objected.
H. 4018 (Word version) -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-180 SO AS TO DEFINE "PROFESSIONAL SPORTS TEAM PLAYER" AND "PLAYER" FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW; AND TO ADD SECTIONS 42-1-330 AND 42-1-340 SO AS AUTHORIZE A PROFESSIONAL SPORTS TEAM PLAYER TO EXEMPT HIMSELF FROM THE WORKERS' COMPENSATION LAW UPON GIVING PROPER NOTICE AND TO PROVIDE FOR THE FORM AND THE MANNER IN WHICH THE NOTICE MUST BE GIVEN.
Senator LEATHERMAN asked unanimous consent to take the Bill up for immediate consideration.
There was an objection.
Columbia, S.C., June 5, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 258 (Word version) -- Senators Gregory, Ryberg, Hayes, Courson, Peeler, Branton and Reese: A BILL TO AMEND CHAPTER 29, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-165 SO AS TO REQUIRE HIGH SCHOOL STUDENTS TO RECEIVE INSTRUCTION IN THE AREA OF PERSONAL FINANCE.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 407 (Word version) -- Senators Richardson, Hutto and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1640 SO AS TO PROVIDE AN ESTABLISHMENT LICENSED TO SERVE MINIBOTTLES IS AUTHORIZED TO CONDUCT SAMPLINGS OF WINES IN EXCESS OF SIXTEEN PERCENT ALCOHOL, CORDIALS, AND DISTILLED SPIRITS, IF THE SAMPLING IS CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 433 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 15 SO AS TO ENACT THE SOUTH CAROLINA NOTICE AND OPPORTUNITY TO CURE DWELLING CONSTRUCTION DEFECTS ACT TO ESTABLISH PROCEDURES FOR A HOMEOWNER OR PURCHASER TO ASSERT A CLAIM AGAINST A CONTRACTOR, SUBCONTRACTOR, SUPPLIER, OR DESIGN PROFESSIONAL FOR A CONSTRUCTION DEFECT IN A RESIDENTIAL DWELLING, TO REQUIRE A CLAIMANT TO COMPLY WITH THESE PROCEDURES BEFORE COMMENCING LITIGATION FOR A CONSTRUCTION DEFECT, AND TO PROHIBIT A PERSON FROM PROVIDING ANYTHING OF MONETARY VALUE TO A PROPERTY MANAGER OR A MEMBER OR OFFICER OF AN EXECUTIVE BOARD OF A HOMEOWNER'S ASSOCIATION TO INDUCE THE INDIVIDUAL TO ENCOURAGE OR DISCOURAGE THE ASSOCIATION TO FILE A CLAIM FOR CONSTRUCTION DEFECTS AND TO PROVIDE PENALTIES FOR SUCH VIOLATION.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 495 (Word version) -- Senators Knotts, Courson, Waldrep, Martin and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-5635 SO AS TO ESTABLISH A PROCEDURE BY WHICH A LAW ENFORCEMENT OFFICER MAY HAVE A VEHICLE TOWED AND PROVIDE FOR THE DISPOSAL OF THE VEHICLE; TO AMEND SECTION 16-11-760, RELATING TO PARKING ON PRIVATE PROPERTY WITHOUT THE CONSENT OF THE OWNER OF THE PROPERTY, SO AS TO DELETE PROVISIONS RELATING TO A LIEN PLACED ON THE VEHICLE FOR TOWING AND STORAGE AND THE SALE OF THE VEHICLE UNDER CERTAIN CONDITIONS; TO AMEND SECTION 56-5-5630, AS AMENDED, RELATING TO THE NOTICE TO OWNER AND LIENHOLDERS OF AN ABANDONED VEHICLE TAKEN INTO CUSTODY BY LAW ENFORCEMENT OFFICERS, SO AS TO SHORTEN FROM FORTY-FIVE TO FIFTEEN DAYS THE NOTIFICATION PERIOD AND SPECIFY WHAT CONSTITUTES NOTICE; TO AMEND SECTION 56-5-5640, AS AMENDED, RELATING TO THE SALE OF CERTAIN ABANDONED VEHICLES, SO AS TO AUTHORIZE A PROPRIETOR, OWNER, OR OPERATOR OF THE STORAGE PLACE INSTEAD OF THE APPROPRIATE LAW ENFORCEMENT OFFICER TO SELL THE ABANDONED VEHICLES AND PROVIDE FOR THE SALE; AND TO REPEAL SECTION 56-5-2522 RELATING TO A PROCEDURE BY WHICH A LAW ENFORCEMENT OFFICER AUTHORIZES A VEHICLE OR AN OBJECT TO BE TOWED, WHETHER PUBLIC OR PRIVATE PROPERTY.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3418 (Word version) -- Reps. Townsend and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 23, TITLE 59 SO AS TO FURTHER PROVIDE FOR APPLICABLE STANDARDS, WHICH APPLY TO THE CONSTRUCTION, IMPROVEMENT, OR RENOVATION OF PUBLIC SCHOOL BUILDINGS AND PROPERTY, AND TO REQUIRE THE CONSTRUCTION, IMPROVEMENT, OR RENOVATION OF PUBLIC SCHOOL BUILDINGS AND PROPERTY TO BE INSPECTED BY THE STATE SUPERINTENDENT OF EDUCATION OR THE SUPERINTENDENT'S DESIGNEE BEFORE OCCUPANCY AND A CERTIFICATE OF OCCUPANCY OBTAINED FROM THE SUPERINTENDENT; AND TO REPEAL ARTICLE 1, CHAPTER 23, TITLE 59 OF THE 1976 CODE, RELATING TO SCHOOL BUILDING CODES AND INSPECTIONS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3426 (Word version) -- Reps. Cobb-Hunter, Jennings, Bingham, Toole, Neilson, Clark and Bales: A BILL TO AMEND SECTIONS 1-31-10 AND 1-31-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP, POWERS, AND DUTIES OF THE STATE COMMISSION FOR MINORITY AFFAIRS, SO AS TO ADD TWO STATEWIDE APPOINTEES TO THE COMMISSION, DELETE OBSOLETE LANGUAGE, AND INCLUDE AFRICAN AMERICANS, NATIVE AMERICAN INDIANS, HISPANICS/LATINOS, ASIANS, AND OTHERS WITHIN THE MINORITY COMMUNITY AND TO FURTHER PRESCRIBE CERTAIN POWERS AND DUTIES OF THE STATE COMMISSION FOR MINORITY AFFAIRS RELATING TO RECOGNITION OF NATIVE AMERICAN INDIAN ENTITIES, ESTABLISHING CERTAIN ADVISORY COMMITTEES, AND SEEKING FUNDING FOR IMPLEMENTING PROGRAMS AND SERVICES FOR AFRICAN AMERICANS, NATIVE AMERICAN INDIANS, HISPANICS/LATINOS, AND OTHER MINORITY GROUPS AND TO PROVIDE THAT THE ADDITIONAL DUTIES ASSIGNED TO THE COMMISSION ARE CONTINGENT UPON FUNDING.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on June 5, 2003, at 4:45 P.M. and the following Acts and Joint Resolutions were ratified:
(R132, S. 28 (Word version)) -- Senators Knotts and Reese: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-6-5090 AND 12-6-5085 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 THE SOUTH CAROLINA LITTER CONTROL ENFORCEMENT PROGRAM AND TO PROVIDE FOR THE USE OF THE CONTRIBUTIONS MADE PURSUANT TO THESE DESIGNATIONS.
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(R133, S. 34 (Word version)) -- Senators Knotts, Elliott, Reese and Kuhn: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 13-1-25 SO AS TO DEFINE PUBLIC MONIES AS MONIES IN A FUND USED BY THE DEPARTMENT OF COMMERCE IN CARRYING OUT CERTAIN DESCRIBED PURPOSES AND TO ESTABLISH SPECIFIC REPORTING REQUIREMENTS FOR THOSE MONIES; TO AMEND SECTION 13-1-1720, RELATING TO THE PURPOSE AND DUTIES OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO RESTATE THE PUBLIC NATURE OF THE SUBJECT FUNDS, INCLUDING THE ACCOUNTABILITY, DISCLOSURE, REPORTING, AND PROCUREMENT REQUIREMENTS; BY ADDING SECTION 30-4-55 SO AS TO PROVIDE THAT A PUBLIC BODY OR PERSON OR ENTITY ACTING ON BEHALF OF THE PUBLIC BODY THAT OFFERS CERTAIN INCENTIVES TO ATTRACT A BUSINESS OR INDUSTRY TO INVEST IN SOUTH CAROLINA SHALL DISCLOSE THE FISCAL IMPACT OF THE OFFER ON THE PUBLIC BODY OR OTHER GOVERNMENTAL ENTITY AT THE TIME THE OFFER IS ACCEPTED AND MADE PUBLIC OR FINALIZED, AND TO PRESCRIBE THE SUBSTANCE OF THE FISCAL IMPACT DISCLOSURE; TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT MARINE TERMINAL SERVICE AND NONTARIFF AGREEMENTS ARE TRADE SECRETS AND THAT MEMORANDA, CORRESPONDENCE, AND DOCUMENTS RELATING TO AN OFFER MADE TO AN INDUSTRY OR BUSINESS OF INCENTIVES THAT REQUIRE THE EXPENDITURE OF PUBLIC FUNDS OR THE TRANSFER OF ANYTHING OF VALUE OR THAT REDUCE THE RATE OR ALTER THE METHOD OF TAXATION OF THE BUSINESS OR INDUSTRY OR OTHERWISE IMPACT THE OFFEROR FISCALLY ARE NOT EXEMPT FROM DISCLOSURE AFTER THE OFFER IS ACCEPTED AND MADE PUBLIC OR FINALIZED; BY ADDING SECTION 30-4-65 SO AS TO PROVIDE THAT THE GOVERNOR'S CABINET MEETINGS ARE SUBJECT TO THE FREEDOM OF INFORMATION ACT ONLY WHEN THE CABINET IS GRANTED CERTAIN POWERS BY EXECUTIVE ORDER; AND TO AMEND SECTION 30-4-20, RELATING TO DEFINITIONS FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXPAND THE DEFINITION OF "PUBLIC BODY" TO INCLUDE A LEGISLATIVE CAUCUS OR A GROUP MADE UP OF A MAJORITY OF CERTAIN PUBLIC EMPLOYEES.
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(R134, S. 64 (Word version)) -- Senators Gregory and Reese: AN ACT TO AMEND SECTION 1-11-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE INSURANCE PLANS, SO AS TO PROVIDE THAT THE SPOUSE OR DEPENDENT OF A PERSON KILLED IN THE LINE OF DUTY AFTER DECEMBER 31, 2001, 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 DEPENDENT IS ELIGIBLE FOR STATE-PAID PREMIUMS.
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(R135, S. 169 (Word version)) -- Senator Gregory: AN ACT TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF LANCASTER COUNTY SCHOOL DISTRICT MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO THE LENGTH OF THE SCHOOL TERM.
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(R136, S. 194 (Word version)) -- Senator McGill: AN ACT TO AMEND SECTION 9-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO DELETE FROM THE DEFINITION OF "EMPLOYEE" THE EXCLUSION FROM COLLEGE WORK-STUDY STUDENTS AND GRADUATE ASSISTANTS; AND TO AMEND SECTION 9-1-1790, AS AMENDED, RELATING TO RETIRED MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO RETURN TO COVERED EMPLOYMENT, SO AS TO REDUCE FROM SIXTY DAYS TO FIFTEEN CONSECUTIVE CALENDAR DAYS TO TIME A MEMBER MUST BE RETIRED BEFORE RETURNING TO COVERED EMPLOYMENT AND ALLOWED TO RECEIVE RETIREMENT BENEFITS UNTIL MEETING THE EARNING LIMIT FOR THE YEAR.
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(R137, S. 258 (Word version)) -- Senators Gregory, Ryberg, Hayes, Courson, Peeler, Branton and Reese: AN ACT TO AMEND CHAPTER 29, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-165 SO AS TO REQUIRE HIGH SCHOOL STUDENTS TO RECEIVE INSTRUCTION IN THE AREA OF PERSONAL FINANCE AND TO PROVIDE FOR THE USE OF FEDERAL FUNDS MADE AVAILABLE TO THIS STATE PURSUANT TO THE JOBS AND GROWTH RECONCILIATION ACT OF 2003.
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(R138, S. 274 (Word version)) -- Senator Leventis: AN ACT TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT A PRIVATE PASSENGER MOTOR VEHICLE LEASED TO A MEMBER OF THE ARMED FORCES OF THE UNITED STATES STATIONED IN THIS STATE WHOSE HOME OF RECORD IS IN ANOTHER STATE AND THE LEASED VEHICLE IS TO BE REGISTERED AND LICENSED IN THE STATE OF THE SERVICE MEMBER'S HOME OF RECORD AND TO EXEMPT ALL VEHICLES LEASED BY A PUBLIC BODY IF THE VEHICLE WOULD OTHERWISE BE EXEMPT IF OWNED BY THE PUBLIC BODY; TO PROVIDE THAT THE AMENDMENT TO SECTION 12-37-220(B)(11), BY ACT 334 OF 2002, APPLIES TO PROPERTY TAX YEARS BEGINNING AFTER 2001; BY ADDING SECTION 12-2-100 SO AS TO PROVIDE THAT A TAX CREDIT ADMINISTERED BY THE DEPARTMENT OF REVENUE IS USEABLE IN THE YEAR IT IS GENERATED AND IS NONREFUNDABLE; TO AMEND SECTION 12-2-20, RELATING TO THE DEFINITION OF "PERSON" FOR TAXATION PURPOSES, SO AS TO PROVIDE THAT THE DEFINITION APPLIES NOT ONLY IN TITLE 12, BUT ALSO IN OTHER TITLES WHICH PROVIDE FOR TAXES THAT ARE ADMINISTERED BY THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-2-25, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO LIMITED LIABILITY COMPANIES AND SINGLE-MEMBER LIMITED LIABILITY COMPANIES, SO AS TO PROVIDE THAT THE DEFINITIONS APPLY NOT ONLY IN TITLE 12, BUT ALSO IN OTHER TITLES WHICH PROVIDE FOR TAXES THAT ARE ADMINISTERED BY THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-8-580, AS AMENDED, RELATING TO STATE INCOME TAX WITHHOLDING ON PROCEEDS OF THE SALE OF REAL PROPERTY BY NONRESIDENTS, SO AS TO CONFORM THE CALCULATION OF AMOUNTS SUBJECT TO WITHHOLDING TO THE PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 ALLOWING THE EXCLUSION FROM TAXABLE INCOME OF A PORTION OF THE GAIN ON THE SALE OF A PRINCIPAL RESIDENCE AND TO ALLOW THE DEPARTMENT OF REVENUE TO REVOKE EXEMPTIONS FROM WITHHOLDING ALLOWED FOR CERTAIN TRANSACTIONS IF THE DEPARTMENT DETERMINES THE NONRESIDENT IS NOT COOPERATING IN THE DETERMINATION OF THE TAXPAYER'S SOUTH CAROLINA INCOME TAX LIABILITY; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO ADOPTION OF THE INTERNAL REVENUE CODE, SO AS TO ADOPT IT TO STATE LAW AS AMENDED THROUGH 2002; TO AMEND SECTION 12-6-540, RELATING TO THE STATE INCOME TAX RATES APPLICABLE TO EXEMPT ORGANIZATIONS AND COOPERATIVES, SO AS TO PROVIDE A SPECIFIC REFERENCE TO THE TAX RATE APPLICABLE TO HOMEOWNERS' ASSOCIATIONS; TO AMEND SECTION 12-13-50, RELATING TO EXCEPTIONS FROM THE BUILDING AND LOAN ASSOCIATION INCOME TAX, SO AS TO PROVIDE THAT PAYMENT OF THE INCOME TAX PROVIDED IN CHAPTER 13, TITLE 12 SHALL NOT BE IN LIEU OF DEED RECORDING FEES; TO AMEND SECTIONS 12-13-70, 12-20-150, 12-28-940, 12-43-210, AND 12-43-230, RELATING TO THE ADMINISTRATION OF THE DEPARTMENT OF REVENUE, THE COMPUTATION OF MOTOR FUEL TAXES, THE ESTABLISHMENT OF UNIFORM AND EQUITABLE TAX ASSESSMENTS, AND THE PROMULGATION OF DEFINITIONAL REGULATIONS TO FACILITATE THE ESTABLISHMENT OF UNIFORM TAX ASSESSMENTS, SO AS TO CHANGE THE DEPARTMENT'S AUTHORITY TO PROMULGATE REGULATIONS FROM MANDATORY TO PERMISSIVE AND TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 12-54-110, RELATING TO THE POWER OF THE DEPARTMENT OF REVENUE TO SUMMON A TAXPAYER OR OTHERS, SO AS TO INCLUDE TAX MATTERS AND OTHER MATTERS ADMINISTERED BY THE DEPARTMENT; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO PROVIDE FOR COUNTY DESIGNATIONS TO BE EFFECTIVE FOR THE TAXABLE YEARS BEGINNING THE FOLLOWING CALENDAR YEAR; TO AMEND SECTION 12-6-3415, RELATING TO INCOME TAX CREDIT FOR RESEARCH AND DEVELOPMENT EXPENSES, SO AS TO MAKE IT APPLICABLE ONLY FOR RESEARCH EXPENSES; TO AMEND SECTION 12-6-3470, RELATING TO EMPLOYER TAX CREDIT, SO AS TO EXEMPT APPLICATION OF THE MAXIMUM AGGREGATE CREDIT FOR EMPLOYEES IN DISTRESSED COUNTIES; TO AMEND SECTION 12-6-3310, RELATING TO CREDITS AGAINST INCOME TAX, SO AS TO PROVIDE FOR PASS THROUGH OF A CREDIT TO A SHAREHOLDER, MEMBER, OR PARTNER OF AN "S" CORPORATION, LIMITED LIABILITY COMPANY TAXED LIKE A PARTNERSHIP, AND PARTNERSHIP; TO AMEND SECTION 12-6-3365, RELATING TO CORPORATE INCOME TAX MORATORIUM FOR JOB CREATION, SO AS TO INCLUDE A MORATORIUM ON INSURANCE PREMIUM TAX, TO REVISE THE DATA USED FOR COMPUTING A COUNTY'S UNEMPLOYMENT RATE AND TO PROVIDE THAT THE DEPARTMENT NAME THE MORATORIUM COUNTIES, EFFECTIVE FOR THE TAXABLE YEAR BEGINNING THE FOLLOWING CALENDAR YEAR; TO REPEAL SECTION 12-10-35 RELATING TO A MORATORIUM ON STATE CORPORATE INCOME TAXES; TO AMEND SECTION 12-44-30, AS AMENDED, AND SECTION 4-12-30, AS AMENDED, BOTH RELATING TO THE DEFINITION OF "MINIMUM INVESTMENT" FOR PURPOSES OF A FEE IN LIEU OF PROPERTY TAX, BOTH SO AS TO PROVIDE FOR EFFECTIVENESS OF COUNTY DESIGNATIONS IN THE FOLLOWING CALENDAR YEAR, AND TO PROVIDE THAT THE DEPARTMENT DESIGNATE REDUCED INVESTMENT COUNTIES, EFFECTIVE FOR A SPONSOR WHOSE FEE AGREEMENT IS SIGNED IN THE CALENDAR YEAR FOLLOWING THE DESIGNATION; BY ADDING SECTION 12-6-535 SO AS TO PROVIDE THAT FOR PURPOSES OF INTERNAL REVENUE CODE SECTION 641(c), AN ELECTING SMALL BUSINESS TRUST IS TAXED AT THE HIGHEST RATE PROVIDED IN SECTION 12-6-510; TO AMEND SECTION 12-6-5020, RELATING TO ENTITIES AUTHORIZED TO FILE CONSOLIDATED CORPORATE INCOME TAX RETURNS, SO AS TO PROVIDE THAT A CORPORATION THAT HAS ELECTED TO BE TAXED UNDER SUBCHAPTER S OF THE INTERNAL REVENUE CODE MAY NOT JOIN IN THE FILING OF A CONSOLIDATED INCOME TAX RETURN; TO AMEND SECTION 12-35-40, RELATING TO MULTISTATE DISCUSSIONS OF SIMPLIFICATION REQUIREMENTS IN CONNECTION WITH THE SIMPLIFIED SALES AND USE TAX ADMINISTRATION ACT, SO AS TO PROVIDE THAT THE DELEGATION TO THE MULTISTATE DISCUSSION MEETINGS MAY BE REIMBURSED FOR LODGING, AIR FARE, AND OTHER BUSINESS EXPENSES; TO AMEND SECTION 12-36-1310, AS AMENDED, RELATING TO THE IMPOSITION OF A STATE USE TAX ON CERTAIN TANGIBLE PERSONAL PROPERTY AND PROVIDING A CREDIT FOR TAXES PAID IN ANOTHER STATE, SO AS TO REQUIRE PROOF THAT THE SALES OR USE TAX WAS DUE AND PAID IN THE OTHER STATE AND TO DELETE A RECIPROCITY REQUIREMENT; TO AMEND SECTION 12-53-40, RELATING TO COSTS AND EXPENSES OF TAX SALES AND COLLECTIONS, SO AS TO INCLUDE THE COST OF FILING, ENROLLING, AND SATISFACTION OF A STATE TAX LIEN; BY ADDING SECTION 12-54-124 SO AS TO PROVIDE THAT IN THE CASE OF THE TRANSFER OF A MAJORITY OF THE ASSETS OF A BUSINESS OTHER THAN CASH, ANY TAX GENERATED BY THE BUSINESS WHICH WAS DUE ON OR BEFORE THE DATE OF THE TRANSFER CONSTITUTES A LIEN AGAINST THE ASSETS IN THE HANDS OF THE TRANSFEREE UNTIL THE TAXES ARE PAID, TO PROVIDE THAT FAIR MARKET VALUE MUST BE USED TO DETERMINE WHETHER A MAJORITY OF THE ASSETS HAVE BEEN TRANSFERRED, TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY NOT ISSUE A LICENSE TO CONTINUE THE BUSINESS TO THE TRANSFEREE UNTIL ALL TAXES DUE TO THE STATE HAVE BEEN PAID AND MAY REVOKE A LICENSE ISSUED TO A BUSINESS THAT VIOLATES THIS PROVISION; TO AMEND SECTION 12-54-25, RELATING TO INTEREST THAT MUST BE PAID ON ANY TAX THAT IS NOT PAID WHEN DUE, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO THE DISCLOSURE OF CERTAIN RECORDS OF AND REPORTS AND RETURNS FILED WITH THE DEPARTMENT OF REVENUE, SO AS TO INCLUDE AS AN EXCEPTION TO THE PROHIBITION OF DISCLOSURE INFORMATION PURSUANT TO A SUBPOENA ISSUED BY A FEDERAL OR THE STATE GRAND JURY; TO AMEND ARTICLE 1, CHAPTER 60 OF TITLE 12, RELATING TO SOUTH CAROLINA REVENUE PROCEDURES ACT, SO AS TO REVISE THE MANNER IN WHICH AND CONDITIONS UNDER WHICH DISPUTES OR CLAIMS WITH THE DEPARTMENT OF REVENUE ARE DETERMINED AND RESOLVED; TO AMEND ARTICLE 5, CHAPTER 60 OF TITLE 12, RELATING TO STATE REVENUE APPEALS PROCEDURES, SO AS TO REVISE THESE APPEAL PROCEDURES; TO AMEND SECTION 12-60-2110, RELATING TO PROPERTY TAX ASSESSMENT PROTESTS, SO AS TO REVISE THE TIME FOR FILING THESE PROTESTS; TO AMEND SECTION 12-60-2510, AS AMENDED, RELATING TO PROPERTY TAX ASSESSMENT NOTICES, SO AS TO CLARIFY CERTAIN REFERENCES IN THE SECTION; TO AMEND SECTION 12-6-3535, RELATING TO TAX CREDIT FOR REHABILITATION OF AN HISTORIC STRUCTURE, SO AS TO REDEFINE "CERTIFIED HISTORIC RESIDENTIAL STRUCTURE", DEFINE "OWNER-OCCUPIED RESIDENCE", AND PROVIDE FOR DOCUMENTATION OF REHABILITATION STANDARDS; TO AMEND ARTICLE 13, CHAPTER 60 OF TITLE 12, RELATING TO PROCEDURES AND CONTESTED REVENUE CASES, SO AS TO REVISE THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE ADMINISTRATIVE LAW JUDGE DIVISION AND DEPARTMENT HEARING OFFICERS; TO AMEND SECTION 30-2-30, RELATING TO DEFINITIONS USED IN THE FAMILY PRIVACY PROTECTION ACT OF 2002, SO AS TO PROVIDE THAT PERSONAL INFORMATION DOES NOT MEAN INFORMATION ABOUT THE NAMES AND ADDRESSES FROM REGISTRATION DOCUMENTS FILED WITH THE DEPARTMENT OF REVENUE AS A BUSINESS ADDRESS WHICH ALSO MAY BE A PERSONAL ADDRESS; TO PROVIDE THAT THE AMENDMENT TO SECTION 12-37-220(B)(11), BY ACT 334 OF 2002, APPLIES TO PROPERTY TAX YEARS BEGINNING AFTER 2001; TO AMEND SECTION 12-4-580, AS AMENDED, RELATING TO DEBT COLLECTION BY THE DEPARTMENT FOR A GOVERNMENTAL ENTITY, SO AS TO REDFINE "LIABILITIES OWED THE GOVERNMENTAL ENTITY" TO MEAN THE SAME AS "DELINQUENT DEBT" AND TO PROVIDE FOR NOTICE AND AN APPEALS PROCEDURE; TO AMEND SECTION 12-56-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF DEBT COLLECTION BY THE DEPARTMENT FOR A CLAIMANT AGENCY SO TO SPECIFY A COUNTY OR LOCAL GOVERNMENTAL OR QUASI-GOVERNMENTAL ENTITY AS A "POLITICAL SUBDIVISION"; TO AMEND SECTION 12-56-60, RELATING TO SET OFF AGAINST A DEBTOR'S REFUND, SO AS TO REQUIRE THE CLAIMANT AGENCY TO NOTIFY THE DEPARTMENT OF A REDUCTION IN THE DELINQUENCY; TO AMEND SECTION 12-56-62, RELATING TO NOTICE OF SETOFF, SO AS TO PROVIDE FOR NOTICE OF THE INTEREST DUE ON THE DEBT AND THAT SETOFFS MAY BE MADE AGAINST REFUNDS UNTIL THE DELINQUENCY IS SATISFIED; TO AMEND SECTION 12-56-63, RELATING TO PROTEST OF A DEBT TO A CLAIMANT AGENCY, SO AS TO REQUIRE A TAXPAYER IDENTIFICATION NUMBER INSTEAD OF SOCIAL SECURITY NUMBER, TO ALLOW AN ADMINISTRATIVE FEE TO BE CHARGED BY THE MUNICIPAL ASSOCIATION OR ASSOCIATION OF COUNTIES OF SOUTH CAROLINA TO COVER COSTS INCURRED IN SUBMITTING A CLAIM, AND TO MAKE THE ENTITY CLAIMING THROUGH THE ASSOCIATION RESPONSIBLE FOR THE NOTICE AND HEARING REQUIREMENTS; TO AMEND SECTION 12-56-65, RELATING TO A DEBTOR'S CLAIM FOR A REFUND, SO AS TO PROVIDE FOR A DEBTOR'S CLAIM FOR A REFUND OF THE COLLECTED DEBT WITHIN ONE YEAR OF ITS COLLECTION; TO REPEAL SECTION 6-4-30 RELATING TO THE DUTIES OF THE DEPARTMENT IN CONNECTION WITH THE ACCOMMODATIONS TAX; TO AMEND SECTION 12-36-910, AS AMENDED, RELATING TO THE SALES TAX ON CHARGES FOR THE TRANSMISSION OF VOICE MESSAGES TO PROVIDE FOR A "BUNDLED TRANSACTION"; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO INCLUDE PRESCRIPTION MEDICINES USED TO PREVENT RESPIRATORY SYNCYTIAL VIRUS; TO AMEND SECTION 12-20-105, RELATING TO PROJECTS ELIGIBLE FOR THE LICENSE TAX CREDIT, SO AS TO INCLUDE ELIGIBILITY PURSUANT TO ANY OF THE FEE IN LIEU PROGRAMS; TO AMEND SECTION 12-10-95, RELATING TO THE RETRAINING TAX CREDIT, SO AS TO ALLOW THE CREDIT FOR APPRENTICESHIP PROGRAMS AND PROGRAMS ENHANCING EXPORTS; TO PROVIDE THAT A COUNTY MAY POSTPONE ITS 2002 REASSESSMENT PROGRAM FOR AN ADDITIONAL YEAR, UNTIL 2004; TO AMEND SECTIONS 12-43-355, 58-9-2200, 12-39-70, AND 12-6-3360, ALL RELATING TO ASSESSMENT AND APPRAISAL OF CERTAIN PERSONAL PROPERTY OF BUSINESS AND INDUSTRY, SO AS TO CHANGE TO DETERMINATION AS CLASSIFIED IN THE NORTH AMERICAN CLASSIFICATION SYSTEM MANUAL AND TO MAKE APPROPRIATE REFERENCE CHANGES; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO INCLUDE SEVENTY PERCENT OF THE GROSS PROCEEDS OF THE RENTAL OR LEASE OF PORTABLE TOILETS; BY ADDING SECTION 12-4-385 SO AS TO PROVIDE THAT THE DEPARTMENT GIVE NOTICE TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION WHEN AN INDUSTRY GROUP WILL BE AFFECTED BY A PROPOSED POLICY CHANGE; TO PROVIDE FOR THE REFUND OF CERTAIN SALES TAX PAID ON THE LEASE OR RENTING OF PORTABLE TOILETS; BY ADDING SECTION 12-6-5085 SO AS TO PROVIDE FOR A TAX RETURN CHECKOFF CONTRIBUTION TO THE SOUTH CAROLINA LITTER CONTROL ENFORCEMENT PROGRAM; TO AMEND CHAPTER 12, TITLE 4, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES ACT, SECTION 4-29-67, AS AMENDED, RELATING TO INDUSTRIAL DEVELOPMENT PROJECTS REQUIRING A FEE IN LIEU OF PROPERTY TAXES, AND CHAPTER 44 OF TITLE 12, RELATING TO THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, ALL SO AS TO PROVIDE FOR DESIGNATIONS OF COUNTIES AS REDUCED INVESTMENT COUNTIES BY DECEMBER THIRTY-FIRST OF EACH YEAR BASED ON DATA AVAILABLE ON THE MOST RECENT NOVEMBER FIRST, TO PROVIDE WHEN THE DESIGNATIONS ARE EFFECTIVE FOR A SPONSOR, TO INCLUDE AMOUNTS EXPENDED AT A PROJECT AS A NONRESPONSIBLE PARTY PURSUANT TO THE BROWNFIELDS VOLUNTARY CLEANUP PROGRAM TOWARD THE MINIMUM INVESTMENT THRESHOLD, TO REPLACE THE WORD "INVESTOR" WITH THE WORD "SPONSOR", TO PROVIDE THAT FAILURE TO MAINTAIN THE MINIMUM LEVEL OF INVESTMENT IN A PROJECT RESULTS IN DISQUALIFICATION FOR THE FEE, TO SUSPEND THE STATUTE OF LIMITATIONS FOR ASSESSMENT OF TAXES OR FEES DUE ON A PROJECT IF NECESSARY TO THE DETERMINATION OF COMPLIANCE WITH INVESTMENT REQUIREMENTS, TO DELETE THE QUALIFICATION FOR A FOUR PERCENT ASSESSMENT ON INVESTMENTS OF AT LEAST FOUR HUNDRED MILLION DOLLARS IN LEAST DEVELOPED OR UNDERDEVELOPED COUNTIES BY A LIMITED LIABILITY COMPANY AND BY AN INVESTOR AFFILIATE LOCATED CONTIGUOUS TO THE INVESTOR PROJECT, TO SPECIFY THAT PROPERTY TAXES REFERENCES ARE TO AD VALOREM PROPERTY TAXES, TO PROVIDE FOR THE ESTABLISHMENT OF THE MILLAGE RATE BY WAY OF A MILLAGE RATE AGREEMENT OR THE INITIAL LEASE AGREEMENT, TO PROHIBIT AN INCREASE IN THE TERM OF THE AGREEMENT OR A DECREASE IN THE MILLAGE OR DISCOUNT RATE OR ASSESSMENT RATIO, TO CHANGE TIME PERIODS FOR MEETING CERTAIN INVESTMENT AND JOB CREATION REQUIREMENTS, TO PROVIDE FOR A NONCASH CREDIT AGAINST A FEE DUE FROM A SPONSOR, TO REQUIRE A CLAIM FOR ADJUSTMENT FOR A MISALLOCATION OF FEE BE MADE WITHIN ONE YEAR OF THE IMPROPER DISTRIBUTION, TO PROVIDE FOR THE BASIS IN TRANSFERRED PROPERTY SUBJECT TO THE FEE, TO CHANGE REFERENCES FROM "MULTICOUNTY PARK" TO "INDUSTRIAL DEVELOPMENT PARK", TO PROVIDE THAT A SPONSOR FILE DUPLICATE FORMS OR RETURNS WITH THE DEPARTMENT OF REVENUE AND THE COUNTY OR COUNTIES IN WHICH THE PROJECT IS LOCATED, TO PROVIDE FOR THE WAIVER OF CERTAIN ITEMS IN A RECAPITULATION OF THE CONTENTS OF AN AGREEMENT; AND TO AMEND SECTION 4-29-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF INDUSTRIAL DEVELOPMENT PROJECTS REQUIRING A FEE IN LIEU OF TAXES, SO AS TO DELETE DEFINITIONS OF "INVESTOR", "INVESTOR AFFILIATE", AND "BUSINESS"; TO AMEND CHAPTER 28 OF TITLE 12, RELATING TO THE TAX ON MOTOR FUELS, BY DIRECTING THE CODE COMMISSIONER TO SUBSTITUTE "USER FEE" FOR "TAX" AND "MOTOR FUEL SUBJECT TO THE USER FEE" FOR "TAXABLE MOTOR FUEL"; TO PROVIDE FOR VARIOUS EFFECTIVE DATES; AND TO AMEND SECTION 56-3-115, AS AMENDED, RELATING TO GOLF CART PERMITS, SO AS TO PROVIDE THAT THE PERMIT ALLOWS THE GOLF CART TO BE OPERATED BY THE OWNER OR HIS AGENT OR EMPLOYEES.
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(R139, S. 407 (Word version)) -- Senators Richardson, Hutto and Moore: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1640 SO AS TO PROVIDE AN ESTABLISHMENT LICENSED TO SERVE MINIBOTTLES IS AUTHORIZED TO CONDUCT SAMPLINGS OF WINES IN EXCESS OF SIXTEEN PERCENT ALCOHOL, CORDIALS, AND DISTILLED SPIRITS, IF THE SAMPLING IS CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 12-21-1010, RELATING TO DEFINITIONS FOR PURPOSES OF THE BEER AND WINE TAX, SO AS TO DELETE THE DEFINITION OF "DOMESTIC WINE"; TO ADD SECTION 61-2-135 SO AS TO PROVIDE THAT WHEN A PERSON LICENSED TO SELL ALCOHOLIC LIQUOR OR BEER AND WINE MOVES HIS BUSINESS TO A NEW LOCATION IN THE SAME COUNTY THAT WAS LICENSED IN THE SAME MANNER WITHIN NINETY DAYS OF THE TIME OF THE MOVE, THE PERSON MAY USE HIS CURRENT LICENSE AND IS NOT REQUIRED TO INITIATE A NEW APPLICATION UPON APPROVAL BY THE DEPARTMENT; TO AMEND SECTION 61-4-120, RELATING TO SUNDAY SALES OF BEER AND WINE, SO AS TO DELETE A PROVISION WHICH PROVIDES THAT MUNICIPAL ORDINANCES IN CONFLICT WITH THIS SECTION ARE UNENFORCEABLE; TO AMEND SECTION 61-4-510, AS AMENDED, RELATING TO OFF-PREMISES BEER AND WINE PERMITS SO AS TO FURTHER PROVIDE FOR THE CONDITIONS AND SPECIFICATIONS OF THE PERMITS; TO AMEND SECTION 61-4-520, AS AMENDED, RELATING TO CONDITIONS FOR THE ISSUANCE OF BEER AND WINE PERMITS, SO AS TO REVISE THE SIGN REQUIREMENTS IN REGARD TO NOTICES; TO AMEND SECTION 61-4-1510, RELATING TO APPLICATIONS FOR PERMITS TO OPERATE A BREWERY OR WINERY, SO AS TO REVISE THE FEES AND THE EXPIRATION DATES OF THESE PERMITS; TO AMEND SECTION 61-6-180, RELATING TO NOTICE OF APPLICATIONS FOR CERTAIN ALCOHOLIC LIQUOR AND BEVERAGE LICENSES, SO AS TO REVISE THE SIGN REQUIREMENTS IN REGARD TO THIS NOTICE; TO AMEND SECTION 61-6-500, RELATING TO TEMPORARY PERMITS FOR AUDITORIUMS, COLISEUMS, AND ARMORIES, SO AS TO PERMIT THE AUTHORITIES IN CHARGE OF PUBLICLY-OWNED AUDITORIUMS, COLISEUMS, AND ARMORIES TO ALLOW THE CONSUMPTION OF BEER, WINE, AND ALCOHOLIC LIQUOR UNDER CERTAIN CONDITIONS, AND PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 61-6-1510, RELATING TO SEPARATE STORES OR PLACES OF BUSINESS OF RETAIL DEALERS, SO AS TO REVISE THE SIGNAGE REQUIREMENTS AND PROHIBIT CERTAIN ADVERTISING TO MINORS; TO AMEND SECTION 61-6-1600, RELATING TO MINIBOTTLE LICENSES FOR NONPROFIT ORGANIZATIONS, SO AS TO PROVIDE THAT AN EMPLOYEE OR AGENT OF AN ESTABLISHMENT LICENSED AS A NONPROFIT ORGANIZATION IS PROHIBITED FROM SELLING, MAKING AVAILABLE FOR SALE, OR PERMITTING THE CONSUMPTION OF ALCOHOLIC LIQUORS ON THE LICENSED PREMISES BETWEEN THE HOURS OF TWO O'CLOCK IN THE MORNING AND TEN O'CLOCK IN THE MORNING; TO AMEND SECTION 61-6-1610, RELATING TO MINIBOTTLE LICENSES FOR FOOD SERVICE ESTABLISHMENTS OR PLACES OF LODGING, SO AS TO REVISE THE AREAS OF THE ESTABLISHMENT TO WHICH THE LICENSE APPLIES, TO PROVIDE ANY LICENSEE, EMPLOYEE, OR AGENT OF AN ESTABLISHMENT LICENSED AS A FOOD SERVICE ESTABLISHMENT OR PLACE OF LODGING IS PROHIBITED FROM SELLING, MAKING AVAILABLE FOR SALE, OR PERMITTING THE CONSUMPTION OF ALCOHOLIC LIQUORS ON THE LICENSED PREMISES BETWEEN THE HOURS OF TWO O'CLOCK IN THE MORNING AND TEN O'CLOCK IN THE MORNING AND TO PROVIDE THAT ANY LICENSEE, EMPLOYEE, OR AGENT OF AN ESTABLISHMENT LICENSED AS A FOOD SERVICE ESTABLISHMENT OR PLACE OF LODGING IS PROHIBITED FROM SELLING, MAKING AVAILABLE FOR SALE, OR PERMITTING THE CONSUMPTION OF ALCOHOLIC LIQUORS ON SUNDAY UNLESS THE ESTABLISHMENT HAS BEEN ISSUED FOR THAT SUNDAY A TEMPORARY PERMIT; TO AMEND SECTION 61-6-1820, AS AMENDED, RELATING TO CRITERIA FOR MINIBOTTLE LICENSES, SO AS TO REVISE THE SIGN REQUIREMENTS IN REGARD TO NOTICES; TO AMEND SECTION 61-6-2010, AS AMENDED, RELATING TO TEMPORARY MINIBOTTLE PERMITS UPON A REFERENDUM, SO AS TO PROVIDE THAT THE STATE TREASURER SHALL DISTRIBUTE THE FEES FROM SUCH PERMITS AND REVISE THE REFERENDUM PROVISIONS; TO AMEND SECTION 61-6-4010, RELATING TO UNLAWFUL MANUFACTURE OR POSSESSION OF ALCOHOLIC LIQUOR, SO AS TO FURTHER PROVIDE FOR SUCH OFFENSES; TO AMEND SECTION 61-6-4170, RELATING TO THE UNLAWFUL ADVERTISING OF ALCOHOLIC LIQUOR ON BILLBOARDS ALONG PUBLIC STREETS AND HIGHWAYS, SO AS TO REVISE THIS PROHIBITION BY MAKING IT UNLAWFUL FOR A PERSON TO ADVERTISE ALCOHOLIC LIQUORS BY MEANS OF BILLBOARDS ALONG PUBLIC HIGHWAYS AND STREETS BY USING ANY SUBJECT MATTER, LANGUAGE, OR SLOGAN ADDRESSED TO AND INTENDED TO ENCOURAGE PERSONS UNDER TWENTY-ONE YEARS OF AGE TO PURCHASE OR DRINK ALCOHOLIC LIQUORS; AND TO REPEAL SECTION 12-21-1040 RELATING TO TAXES ON CERTAIN DOMESTIC WINES.
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(R140, S. 433 (Word version)) -- Senators McConnell and Ford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5, TO CHAPTER 59, TITLE 40 SO AS TO ENACT THE "SOUTH CAROLINA NOTICE AND OPPORTUNITY TO CURE CONSTRUCTION DWELLING DEFECTS ACT", TO ESTABLISH PROCEDURES FOR A HOMEOWNER OR SUBSEQUENT PURCHASER TO ASSERT A CLAIM AGAINST A CONTRACTOR, SUBCONTRACTOR, SUPPLIER, OR DESIGN PROFESSIONAL FOR A CONSTRUCTION DEFECT IN A RESIDENTIAL DWELLING, TO REQUIRE THE COURT TO STAY AN ACTION IF A CLAIMANT FILES AN ACTION FOR DAMAGES FROM A CONSTRUCTION DWELLING DEFECT BEFORE COMPLYING WITH THESE PROCEDURES, AND TO PROVIDE THAT THESE PROCEDURES DO NOT APPLY TO ACTIONS ARISING OUT OF CLAIMS FOR PERSONAL INJURY OR DEATH.
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(R141, S. 449 (Word version)) -- Senator Leatherman: AN ACT TO AMEND CHAPTER 9, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES, SO AS TO UPDATE REFERENCES TO NATIONALLY RECOGNIZED BUILDING CODE ORGANIZATIONS AND MODIFY THE PROCEDURE BY WHICH BUILDING CODES ARE ADOPTED; TO PROVIDE CONDITIONS UNDER WHICH AN ELEEMOSYNARY CORPORATION MAY CONSTRUCT A RESIDENTIAL HOME WITHOUT THE PRESENCE OF A QUALIFIER AND TO DEFINE "QUALIFIER"; BY ADDING CHAPTER 34 TO TITLE 1 SO AS TO REQUIRE AN AGENCY TO ADOPT THE LATEST EDITION OF ALL NATIONALLY RECOGNIZED CODES WHICH IT IS CHARGED BY STATUTE OR REGULATION WITH ENFORCING, TO PROVIDE FOR ENFORCEMENT OF PROVISIONS CONTAINED IN A NATIONALLY RECOGNIZED CODE, AND TO PROVIDE FOR THE METHOD BY WHICH PROVISIONS OF A NATIONALLY RECOGNIZED CODE MAY BE MODIFIED.
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(R142, S. 477 (Word version)) -- Senators Ritchie, Ford, Leventis and Richardson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "DOMESTIC VIOLENCE PREVENTION ACT OF 2003"; TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AS A VIOLENT CRIME; TO AMEND ARTICLE 1, CHAPTER 25 OF TITLE 16, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES, SO AS TO REDEFINE "HOUSEHOLD MEMBER"; TO REVISE PENALTIES FOR SUBSEQUENT CRIMINAL DOMESTIC VIOLENCE OFFENSES COMMITTED WITHIN TEN YEARS; TO ESTABLISH A MANDATORY NINETY DAY MINIMUM SENTENCE FOR PERSONS CONVICTED OF MORE THAN TWO CRIMINAL DOMESTIC VIOLENCE OFFENSES WITHIN TEN YEARS; TO SPECIFY THE ELEMENTS OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE, TO MAKE THIS OFFENSE A FELONY, AND TO RESTRICT THE PUNISHMENT FOR THIS OFFENSE TO IMPRISONMENT ONLY; TO REQUIRE A LAW ENFORCEMENT AGENCY TO INVESTIGATE AN ALLEGATION OF CRIMINAL DOMESTIC VIOLENCE EVEN IF THE AGENCY WAS NOT NOTIFIED AT THE TIME OF THE VIOLATION; TO CLARIFY THE CIRCUMSTANCES UNDER WHICH A LAW ENFORCEMENT OFFICER IS NOT REQUIRED TO MAKE AN ARREST FOR CRIMINAL DOMESTIC VIOLENCE; TO AMEND SECTION 17-22-50, RELATING TO PRETRIAL INTERVENTION, SO AS TO PROVIDE THAT A PERSON MUST NOT BE CONSIDERED FOR INTERVENTION IF THE PERSON HAS BEEN CHARGED WITH A CRIMINAL DOMESTIC VIOLENCE OFFENSE IF THE PERSON HAD PREVIOUSLY BEEN CONVICTED OF SUCH AN OFFENSE; TO AMEND SECTION 56-7-15, RELATING TO UNIFORM TRAFFIC TICKETS, SO AS TO REQUIRE AN OFFICER WHO EFFECTS AN ARREST, BY USE OF A UNIFORM TRAFFIC TICKET, FOR A CRIMINAL DOMESTIC VIOLENCE VIOLATION TO SUBSEQUENTLY COMPLETE AND FILE AN INCIDENT REPORT WITHIN FIFTEEN DAYS OF THE ISSUANCE OF THE TICKET; TO AMEND SECTION 22-5-910, AS AMENDED, RELATING TO EXPUNGMENT OF RECORDS FOR FIRST OFFENSE CONVICTIONS IN MAGISTRATE OR MUNICIPAL COURT, SO AS TO AUTHORIZE EXPUNGEMENT OF RECORDS FOR FIRST OFFENSE CRIMINAL DOMESTIC VIOLENCE; TO ADD ARTICLE 21 TO CHAPTER 1, TITLE 1 SO AS TO REQUIRE ALL STATE AGENCIES TO DEVELOP A WORKPLACE DOMESTIC VIOLENCE POLICY; TO ADD SECTION 59-1-475 SO AS TO REQUIRE THE DEPARTMENT OF EDUCATION AND THE SOUTH CAROLINA COALITION AGAINST DOMESTIC VIOLENCE AND SEXUAL ASSAULT WITH THE APPROVAL OF THE DEPARTMENT OF SOCIAL SERVICES, TO DEVELOP MATERIALS FOR DOMESTIC VIOLENCE CONTINUING EDUCATION WHICH SCHOOL DISTRICTS MUST PROVIDE TO TEACHERS AND STAFF; TO AMEND SECTION 59-20-40, AS AMENDED, RELATING TO THE FORMULA FOR DETERMINING ANNUAL ALLOCATIONS TO EACH SCHOOL DISTRICT AND WEIGHTINGS USED TO PROVIDE FOR RELATIVE COST DIFFERENCES BETWEEN PROGRAMS, SO AS TO INCLUDE PUPILS WHO RESIDE IN EMERGENCY SHELTERS IN WEIGHTINGS FOR THE HOMEBOUND PROGRAM; TO AMEND SECTION 59-63-31, AS AMENDED, RELATING TO AUTHORIZING STUDENTS TO ATTEND SCHOOL IN A CERTAIN SCHOOL DISTRICT WITHOUT CHARGE, SO AS TO ALLOW A CHILD WHO RESIDES IN AN EMERGENCY SHELTER TO ATTEND A SCHOOL IN THE DISTRICT WHERE THE SHELTER IS LOCATED;. TO AMEND SECTION 20-4-20, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH PROTECTION FROM DOMESTIC ABUSE, SO AS TO REVISE THE DEFINITION OF "HOUSEHOLD MEMBER"; TO ADD SECTION 43-1-260 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO FACILITATE THE DEVELOPMENT OF COMMUNITY DOMESTIC VIOLENCE COORDINATING COUNCILS IN EACH COUNTY OR MULTI-COUNTY AREA BASED UPON PUBLIC-PRIVATE SECTOR COLLABORATION AND TO PROVIDE FOR THE PURPOSE, DUTIES, AND MEMBERSHIP OF THE COUNCILS; AND TO ADD SECTION 20-7-380 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO MAKE STAFF TRAINING ON DOMESTIC VIOLENCE AVAILABLE TO CHILDCARE FACILITY OWNERS AND OPERATORS.
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(R143, S. 495 (Word version)) -- Senators Knotts, Courson, Waldrep, Martin and Setzler: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-5635 SO AS TO ESTABLISH A PROCEDURE BY WHICH A LAW ENFORCEMENT OFFICER MAY HAVE A VEHICLE TOWED AND PROVIDE FOR THE DISPOSAL OF THE VEHICLE; TO AMEND SECTION 16-11-760, RELATING TO PARKING ON PRIVATE PROPERTY WITHOUT THE CONSENT OF THE OWNER OF THE PROPERTY, SO AS TO DELETE PROVISIONS RELATING TO A LIEN PLACED ON THE VEHICLE FOR TOWING AND STORAGE AND THE SALE OF THE VEHICLE UNDER CERTAIN CONDITIONS; TO AMEND SECTION 29-15-10, RELATING TO A LIEN ON AN ARTICLE REPAIRED OR STORED, SO AS TO PROVIDE STORAGE COSTS MAY BE CHARGED THAT HAVE ACCRUED BEFORE THE NOTIFICATION TO THE OWNER OR LIENHOLDER OF THE LOCATION OF THE VEHICLE; TO AMEND SECTION 56-5-5630, AS AMENDED, RELATING TO THE NOTICE TO OWNER AND LIENHOLDERS OF AN ABANDONED VEHICLE TAKEN INTO CUSTODY BY LAW ENFORCEMENT OFFICERS, SO AS TO DEFINE "VEHICLE" FOR PURPOSES OF THIS SECTION, PROVIDE THAT THE STORAGE PLACE HAVING TOWED AND RECEIVED THE VEHICLE, NOT THE SHERIFF OR CHIEF OF POLICE, SHALL NOTIFY THE LAST KNOWN OWNER OF THE VEHICLE AND ALL LIENHOLDERS THAT THE VEHICLE HAS BEEN TAKEN INTO CUSTODY AND SPECIFY WHAT CONSTITUTES NOTICE; TO AMEND SECTION 56-5-5640, AS AMENDED, RELATING TO THE SALE OF CERTAIN ABANDONED VEHICLES, SO AS TO AUTHORIZE A PROPRIETOR, OWNER, OR OPERATOR OF THE STORAGE PLACE INSTEAD OF THE APPROPRIATE LAW ENFORCEMENT OFFICER TO SELL THE ABANDONED VEHICLES AND PROVIDE FOR THE SALE; AND TO REPEAL SECTION 56-5-2522 RELATING TO A PROCEDURE BY WHICH A LAW ENFORCEMENT OFFICER AUTHORIZES A VEHICLE OR AN OBJECT TO BE TOWED, WHETHER ON PUBLIC OR PRIVATE PROPERTY.
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(R144, S. 521 (Word version)) -- Senator Knotts: AN ACT TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO DELETE THE PROHIBITION THAT A MEMBER OF THE COMMISSION MAY NOT SERVE MORE THAN TWO CONSECUTIVE TERMS.
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(R145, S. 523 (Word version)) -- Senator Gregory: AN ACT TO AMEND ARTICLE 1, CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME, BY ADDING SECTION 50-11-105 SO AS TO PROVIDE MEASURES THE DEPARTMENT OF NATURAL RESOURCES MAY IMPLEMENT TO PREVENT AND CONTROL THE SPREAD OF DISEASE AMONG WILDLIFE; AND TO AMEND SECTION 50-11-1090, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO ALLOW THE TAKING OF ANIMALS THAT CAUSE DAMAGE TO CROPS AND PROPERTY, SO AS TO EXTEND THIS AUTHORITY TO ANIMALS POSING A HUMAN HEALTH RISK, AND TO DELETE THE PROVISION THAT RELATES TO THE DISPOSAL OF CERTAIN DEER.
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(R146, S. 525 (Word version)) -- Senators Rankin and Elliott: AN ACT TO AMEND ARTICLE 1 OF CHAPTER 32, TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACATION TIME SHARING PLANS, SO AS TO REVISE, DELETE, AND ADD CERTAIN DEFINITIONS, REVISE PROVISIONS RELATING TO ADVERTISING AND CONVEYANCE OF VACATION TIME SHARING PLANS SO AS TO DELETE CERTAIN LICENSE REQUIREMENTS FOR SELLERS AND TO EXEMPT CERTAIN COMMUNICATIONS FROM ADVERTISEMENT AND PROMOTION RESTRICTIONS, REVISE THE TERMS OF THE NOTICE OF THE RIGHT TO CANCELLATION REQUIREMENTS IN CONTRACTS FOR THE PURCHASE OF VACATION TIME SHARING PLANS AND PROVIDE FOR THE EFFECTIVE DATE OF NOTICE OF CANCELLATION, ESTABLISH NEW PROCEDURES FOR THE DISTRIBUTION OF REFUNDS UPON CANCELLATION OF CONTRACTS AND ESTABLISHMENT AND MAINTENANCE OF ESCROW ACCOUNTS IN THAT CONNECTION, PROVIDE FOR MATTERS TO BE DISCLOSED IN CONTRACTS INCLUDING WARNINGS AGAINST RELIANCE ON THE PURCHASE AS AN INVESTMENT, DELETE THE REQUIREMENT OF AN EXAMINATION FOR REGISTRATION RELATING TO LICENSES FOR SELLERS OF VACATION TIME SHARING PLANS, EXEMPT EMPLOYEES OF THE SELLER FROM LICENSING REQUIREMENTS, PROVIDE FOR VICARIOUS LIABILITY OF THE CONTROLLING SELLER, TIGHTEN PROVISIONS RELATING TO POWERS OF THE SOUTH CAROLINA REAL ESTATE COMMISSION IN CONNECTION WITH THE INVESTIGATION OF AN APPLICATION FOR REGISTRATION OF A TIME SHARING PLAN INCLUDING ASSURANCES AND BONDING AGAINST ENCUMBRANCES, AND MAKE TECHNICAL CHANGES TO CONFORM THE ARTICLE; AND TO AMEND SECTION 27-50-30, RELATING TO EXEMPTIONS IN CONNECTION WITH THE RESIDENTIAL PROPERTY CONDITION DISCLOSURE ACT, SO AS TO EXEMPT FROM THE ACT A TRANSFER OF A VACATION TIME SHARING PLAN OR A VACATION MULTIPLE OWNERSHIP INTEREST.
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(R147, S. 549 (Word version)) -- Senators Land, Martin, J. Verne Smith, Hawkins and McConnell: AN ACT TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN TITLE 38 PERTAINING TO INSURANCE, SO AS TO CHANGE THE DEFINITION OF "EXEMPT COMMERCIAL POLICIES" TO DELETE THE REQUIREMENT THAT THE DEFINITION INCLUDE POLICIES FOR WHICH PREMIUMS FOR ONE INSURED IS GREATER THAN FIFTY THOUSAND DOLLARS ANNUALLY; TO AMEND SECTION 38-7-20, RELATING TO INSURANCE PREMIUM TAXES, SO AS TO CHANGE THE BASIS ON WHICH THESE TAXES ARE ASSESSED ON PREMIUMS TO WRITTEN RATHER THAN COLLECTED; TO AMEND SECTION 38-21-170, AS AMENDED, RELATING TO REPORTING DIVIDENDS AND DISTRIBUTIONS TO SHAREHOLDERS TO THE DEPARTMENT, SO AS TO INCREASE FROM TEN TO FIFTEEN THE NUMBER OF DAYS BEFORE PAYMENT THE REPORT MUST BE GIVEN; TO AMEND SECTION 38-21-270, AS AMENDED, RELATING TO THE PAYMENT OF AN EXTRAORDINARY DIVIDEND OR DISTRIBUTION TO THE SHAREHOLDERS OF A DOMESTIC INSURER, SO AS TO CLARIFY THE DEPARTMENT OF INSURANCE REVIEW OF THIS TYPE OF DISTRIBUTION; TO AMEND SECTION 38-41-60, RELATING TO HOLDING IN TRUST FUNDS COLLECTED FROM PARTICIPATING EMPLOYERS UNDER MULTIPLE EMPLOYER SELF-INSURED HEALTH PLANS, SO AS TO CORRECT AN INTERNAL CODE CITATION; TO AMEND SECTION 38-43-10, AS AMENDED, RELATING TO PERSONS CONSIDERED AS INSURANCE AGENTS, SO AS TO CORRECT AN INTERNAL CODE CITATION; TO AMEND SECTION 38-43-40, AS AMENDED, RELATING TO THE RIGHT TO APPOINT PRODUCERS BY A LICENSED INSURER, SO AS TO REMOVE PROVISIONS THAT REQUIRE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO APPROVE THE APPOINTMENT OF PRODUCERS BEFORE THEY TAKE RISK OR TRANSACT BUSINESS; TO AMEND SECTION 38-43-50, AS AMENDED, RELATING TO THE REQUIREMENT THAT APPLICANTS FOR A LIMITED LINE OR SPECIAL PRODUCER'S LICENSE MUST BE VOUCHED FOR BY AN OFFICIAL OR LICENSED REPRESENTATIVE OF THE INSURER FOR WHICH THE APPLICANT PROPOSES TO ACT, SO AS TO DELETE PROVISIONS REQUIRING THE APPLICANT TO BE APPOINTED BY AN OFFICIAL OR AUTHORIZED REPRESENTATIVE OF THE INSURER BEFORE THE APPLICANT CAN ACT AS A PRODUCER; TO AMEND SECTION 38-43-70, AS AMENDED, RELATING TO LICENSING OF A NONRESIDENT PRODUCER BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO CORRECT AN INTERNAL CODE CITATION; TO AMEND SECTION 38-43-100, AS AMENDED, RELATING TO THE APPLICATION FOR AND ISSUANCE OF A PRODUCERS' LICENSE BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO DELETE CONFLICTING PROVISIONS THAT AUTHORIZE THE DIRECTOR TO WAIVE THE EXAMINATION AND ISSUE TEMPORARY LICENSES FOR A PERIOD NOT TO EXCEED NINETY DAYS; TO AMEND SECTION 38-43-105, AS AMENDED, RELATING TO EDUCATION REQUIREMENTS FOR LOCAL AND GENERAL INSURANCE AGENTS, SO AS TO DELETE CONFLICTING PROVISIONS AND CLARIFY WHO MUST COMPLY WITH PRE-LICENSING REQUIREMENTS; TO AMEND SECTION 38-43-106, AS AMENDED, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO SUBSTITUTE HOME STATE FOR RESIDENT STATE AS THE REQUIREMENT FOR SATISFYING RECIPROCAL CONTINUING INSURANCE EDUCATION REQUIREMENTS FOR NONRESIDENT PRODUCERS; TO AMEND SECTION 38-45-20, RELATING TO REQUIREMENTS FOR A RESIDENT TO BE LICENSED AS AN INSURANCE BROKER, SO AS TO DELETE THE TWO-YEAR WAITING PERIOD FOR RESIDENT SURPLUS LINES INSURANCE BROKERS AND TO REQUIRE SUCCESSFUL COMPLETION OF TWELVE HOURS OF CLASSROOM INSURANCE COURSES; TO AMEND SECTION 38-45-30, RELATING TO REQUIREMENTS FOR A NONRESIDENT INSURANCE BROKER, SO AS TO DELETE THE REQUIREMENT FOR NONRESIDENT BROKERS TO FURNISH A TEN THOUSAND DOLLAR SURETY BOND; TO AMEND SECTION 38-71-880, AS AMENDED, RELATING TO MEDICAL, SURGICAL, AND MENTAL HEALTH BENEFITS OFFERED IN CONNECTION WITH A GROUP HEALTH INSURANCE PLAN, SO AS TO EXTEND THE SUNSET PROVISION TO DECEMBER 31, 2003, TO COMPLY WITH FEDERAL LAW; TO AMEND SECTION 38-77-870, RELATING TO THE AVAILABILITY OF ASSIGNMENT OF RISKS TO NONRESIDENTS, SO AS TO PROVIDE AN EXCEPTION FOR MILITARY RISKS THAT ARE PRINCIPALLY GARAGED IN THIS STATE TO BE ASSIGNED BY THE PLAN; TO AMEND SECTION 38-79-420, RELATING TO THE CREATION OF THE SOUTH CAROLINA PATIENTS' COMPENSATION FUND, SO AS TO INCREASE FROM ONE TO TWO HUNDRED THOUSAND DOLLARS THE AMOUNT THE FUND PAYS IN EXCESS OF FOR EACH INCIDENT AND INCREASES FROM THREE TO SIX HUNDRED THOUSAND DOLLARS THE AMOUNT THE FUND PAYS IN EXCESS OF IN THE AGGREGATE FOR ONE YEAR; TO AMEND SECTION 56-9-20, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SO AS TO INCREASE THE MINIMUM LIMITS FOR PROPERTY DAMAGE FROM FIVE TO TEN THOUSAND DOLLARS; TO AMEND ACT 313 OF 2002, RELATING TO MINIMUM VALUES ON CERTAIN ANNUITIES, SO AS TO EXTEND THE EFFECTIVE DATE THROUGH JUNE 30, 2005; TO AMEND SECTION 38-75-460, RELATING TO THE AUTHORITY OF THE DIRECTOR TO EXPAND THE AREA IN WHICH THE ASSOCIATION MUST PROVIDE ESSENTIAL PROPERTY INSURANCE, SO AS TO REDEFINE THE EXPANSION PARAMETERS AND PROVIDE THE DIRECTOR'S POWERS AND DUTIES; AND TO AMEND SECTION 42-7-310, AS AMENDED, RELATING TO FUNDING OF THE WORKERS' COMPENSATION SECOND INJURY FUND, SO AS TO DELETE THE THIRTY-DAY REQUIREMENT AND PROVIDE THAT FAILURE TO PAY THE ASSESSMENT AND PENALTY BARS RECOVERY FROM THE FUND; TO AMEND SECTION 42-9-400, AS AMENDED, RELATING TO THE MANNER IN WHICH AN EMPLOYER OR INSURANCE CARRIER IS REIMBURSED FROM THE SECOND INJURY FUND WHEN A DISABILITY RESULTS FROM A PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY, SO AS TO DELETE THE REQUIREMENT THAT THE EXISTENCE OF THE CONDITION BE UNKNOWN TO THE EMPLOYEE; TO AMEND SECTION 42-9-410, RELATING TO NOTICE OF PREEXISTING PERMANENT PHYSICAL IMPAIRMENT TO RECEIVE ADDITIONAL BENEFITS FROM THE SECOND INJURY FUND, SO AS TO CHANGE THE REQUIREMENT FROM NOTICE TO KNOWLEDGE OF THE EMPLOYEE'S PREEXISTING PERMANENT PHYSICAL IMPAIRMENT; TO AMEND SECTIONS 38-90-10, 38-90-20, 38-90-40, 38-90-50, 38-90-60, 38-90-140, ALL AS AMENDED, AND SECTION 38-90-200, RELATING TO CAPTIVE INSURANCE COMPANIES, SO AS TO, AMONG OTHER THINGS, AUTHORIZE CAPTIVE INSURANCE COMPANIES TO FORM AS LIMITED LIABILITY COMPANIES, TO IMPOSE A FEE FOR THE USE OF INTERNAL RESOURCES TO EXAMINE AND INVESTIGATE APPLICATIONS FOR LICENSURE, TO INCREASE THE ANNUAL RENEWAL LICENSE FEE, TO ADD A FEE TO RECOVER REASONABLE COSTS OF PROCESSING CERTIFICATIONS, AND TO LIMIT PREMIUM TAXES TO ONE HUNDRED THOUSAND DOLLARS ANNUALLY FOR DIRECT PREMIUM AND ASSUMED REINSURANCE PREMIUMS; TO AMEND SECTION 38-74-10, AS AMENDED, RELATING TO DEFINITIONS IN THE HEALTH INSURANCE POOL, SO AS TO DEFINE "QUALIFIED TAA ELIGIBLE INDIVIDUAL"; AND TO AMEND SECTION 38-74-30, AS AMENDED, RELATING TO ELIGIBILITY FOR HEALTH INSURANCE POOL COVERAGE, SO AS TO EXCEPT FROM THE THIRTY-DAY REQUIREMENT AND WAIVE THE PREEXISTING CONDITION EXCLUSION FOR A QUALIFIED TAA ELIGIBLE INDIVIDUAL.
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(R148, S. 581 (Word version)) -- Senator Hawkins: A JOINT RESOLUTION TO DEDICATE THE NATIONAL GUARD ADMINISTRATIVE COMPLEX OF THE NATIONAL GUARD ARMORY LOCATED ON THE UNIVERSITY OF SOUTH CAROLINA-SPARTANBURG CAMPUS IN HONOR OF MAJOR GENERAL DARWIN H. SIMPSON IN RECOGNITION OF MAJOR GENERAL SIMPSON'S PASSIONATE PURSUIT AND TIRELESS EFFORTS IN THE CREATION, FUNDING, AND IMPLEMENTATION OF THIS IMPORTANT NATIONAL GUARD ARMORY AND TO NAME THE INTERIOR PORTION OF THE ARMORY THE "MAJOR GENERAL DARWIN H. SIMPSON ARMY NATIONAL GUARD OPERATIONS CENTER" AND TO REQUIRE THE PLACEMENT OF PROPER SIGNAGE.
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(R149, S. 588 (Word version)) -- Senators J. Verne Smith, Thomas, Verdin, Fair and Anderson: AN ACT TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENVILLE COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF GREENVILLE COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
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(R150, S. 593 (Word version)) -- Senator Verdin: AN ACT TO AMEND SECTION 6-11-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALTERATION OF SPECIAL PURPOSE DISTRICTS RESULTING IN OVERLAP, SO AS TO PROVIDE THAT, IF THE BOUNDARIES OF A SPECIAL PURPOSE DISTRICT PROVIDING WATERWORKS OR SEWER SERVICE ARE DIMINISHED, THE SPECIAL PURPOSE DISTRICT MAY CONTINUE TO PROVIDE WATER OR SEWER SERVICES OUTSIDE OF ITS DIMINISHED BOUNDARIES IN ACCORDANCE WITH ITS ENABLING LEGISLATION OR IF PROVIDED BY THE GOVERNING BODY OF THE COUNTY IN THE RESOLUTION REQUIRED BY SECTION 6-11-460 PURSUANT TO AN INTERGOVERNMENTAL AGREEMENT WITH ONE OR MORE POLITICAL SUBDIVISIONS AUTHORIZED TO PROVIDE THE WATER OR SEWER SERVICE DIRECTLY.
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(R151, S. 675 (Word version)) -- Senator Alexander: AN ACT TO AMEND SECTION 7-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN OCONEE COUNTY, SO AS TO RENAME CERTAIN PRECINCTS AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
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(R152, S. 716 (Word version)) -- Senators Matthews and Hutto: AN ACT TO AMEND ACT 526 OF 1996, AS AMENDED, RELATING TO THE ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICTS, THE ELECTIONS OF BOARDS OF TRUSTEES OF THESE DISTRICTS AND OF THE COUNTY BOARD OF EDUCATION AND THE POWERS AND DUTIES OF THESE BOARDS, SO AS TO AUTHORIZE THE MEMBERS OF THE COUNTY BOARD OF EDUCATION TO RECEIVE ONE THOUSAND TWO HUNDRED DOLLARS COMPENSATION FOR BOARD MEETINGS ATTENDED IN A FISCAL YEAR; TO PROVIDE THAT THE ANNUAL OPERATING BUDGET OF THE COUNTY BOARD OF EDUCATION MAY NOT EXCEED THE DOLLAR VALUE OF TWO-TENTHS MILL; TO REQUIRE THAT FUNDS REMAINING ON THIS ACT'S EFFECTIVE DATE UNDER THE CONTROL OR USE OF THE COUNTY BOARD OF EDUCATION FOR OPERATIONS BE DISTRIBUTED AMONG THE THREE CONSOLIDATED SCHOOL DISTRICTS IN ACCORDANCE WITH THE AVERAGE DAILY MEMBERSHIP FORMULA AND TO AUTHORIZE THE BOARD TO RETAIN TEN THOUSAND DOLLARS FOR OPERATIONS; TO REVISE THE FORMULA EQUALIZING WEALTH PER STUDENT AMONG THE DISTRICTS BY USING FIVE MILLS RATHER THAN TWENTY-FIVE MILLS AS THE MULTIPLIER IN THIS FORMULA AND TO REVISE THE ADJUSTMENT IF THE RESULT IS ZERO OR LESS; AND TO DELETE OUTDATED PROVISIONS RELATING TO INITIAL ELECTION OF MEMBERS TO THE CONSOLIDATED SCHOOL DISTRICTS.
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(R153, S. 727 (Word version)) -- Senator Land: AN ACT TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SCHOOL DISTRICT TWO OF CLARENDON COUNTY MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION, PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
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(R154, H. 3052 (Word version)) -- Reps. Harrison, Simrill, Vaughn, Hinson, W.D. Smith, Kirsh, Sandifer, Umphlett, Talley, Merrill, Cobb-Hunter, Witherspoon, Ceips and Richardson: AN ACT TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LITTERING, SO AS TO PROVIDE THAT WHEN THE SENTENCE FOR A VIOLATION OF THIS SECTION INCLUDES LITTER-GATHERING, THE LITTER-GATHERING PORTION IS MANDATORY, HOWEVER THE COURT MAY DIRECT THE PERSON TO PAY AN ADDITIONAL MONETARY PENALTY IN LIEU OF THE SENTENCE, TO PROVIDE THE CIRCUMSTANCES WHEN PROBATION MAY BE GRANTED IN LIEU OF A LITTER-GATHERING SENTENCE, TO PROVIDE FOR THE DISTRIBUTION OF FUNDS COLLECTED IN LIEU OF A MANDATORY LITTER-GATHERING SENTENCE, AND TO PROVIDE WHEN A VIOLATION OF THIS SECTION CONSTITUTES A PRIOR VIOLATION WITHIN THE MEANING OF THIS SECTION; TO AMEND SECTION 56-25-20, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE FOR FAILURE TO COMPLY WITH CERTAIN TRAFFIC CITATIONS, SO AS TO REVISE THIS SECTION TO INCLUDE A SUMMONS FOR CERTAIN LITTER VIOLATIONS; BY ADDING SECTION 56-5-5635 SO AS TO PROVIDE THE PROCEDURE THAT A VEHICLE WHICH HAS BEEN TOWED UNDER THE DIRECTION OF A LAW ENFORCEMENT OFFICER MUST BE STORED AND DISPOSED OF; TO AMEND SECTION 16-11-760, RELATING TO PARKING A VEHICLE ON PRIVATE PROPERTY WITHOUT PERMISSION, THE REMOVAL OF CERTAIN VEHICLES, LIENS PLACED ON CERTAIN VEHICLES, AND THE SALE OF CERTAIN VEHICLES, SO AS TO PROVIDE THAT A COMMERCIAL PROPERTY OWNER MUST POST A NOTICE ON THE BORDERS OF HIS PROPERTY THAT PROHIBITS PARKING IF HE WANTS PARKING OF A VEHICLE TO BE ILLEGAL ON HIS PROPERTY, TO PROVIDE THAT CERTAIN COSTS ASSOCIATED WITH THE TOWING OF A VEHICLE ARE THE RESPONSIBILITY OF ITS REGISTER OWNER OR LIENHOLDER UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE FOR THE SALE OF CERTAIN VEHICLES THAT ARE NOT CLAIMED BY THEIR OWNERS, LIENHOLDERS, OR THEIR AGENTS; TO AMEND SECTION 29-15-10, RELATING TO REPAIR AND STORAGE LIENS, SO AS TO PROVIDE WHEN CERTAIN STORAGE COSTS MAY BE CHARGED AND RECOVERED; TO AMEND SECTION 56-5-5630, AS AMENDED, RELATING TO THE NOTICE CERTAIN LAW ENFORCEMENT AGENCIES MUST GIVE THE OWNER OF A VEHICLE WHICH THEY HAVE DIRECTED TO BE TOWED, AND TO PROVIDE THAT CERTAIN PENALTIES CONTAINED IN THIS SECTION DO NOT APPLY TO CERTAIN LIENHOLDERS, OR OWNERS, TO PROVIDE A DEFINITION FOR THE TERM "VEHICLE", TO PROVIDE THAT STORAGE COSTS FOR CERTAIN VEHICLES MUST NOT EXCEED SIXTY DAYS, TO DEFINE THE TERM "NOTIFICATION", TO REVISE THE CONTENT OF A NOTICE CONTAINED IN THIS SECTION, TO PROVIDE WHEN STORAGE COSTS ACCRUE AND MAY BE RECOVERED, TO REVISE THE CIRCUMSTANCES WHEN A LIENHOLDER OR OWNER OF A VEHICLE IS NOT SUBJECT TO A PENALTY UNDER THIS SECTION, AND TO PROVIDE THAT THE LAW ENFORCEMENT AGENCY THAT REQUESTED THAT A VEHICLE BE TOWED MUST PROVIDE THE TOWING COMPANY CERTAIN INFORMATION; TO AMEND SECTION 56-5-5640, AS AMENDED, RELATING TO THE SALE OF CERTAIN UNCLAIMED VEHICLES, SO AS TO REVISE THE PROCEDURE FOR SELLING ABANDONED VEHICLES; TO REPEAL SECTION 56-5-2522 RELATING TO THE TOWING, STORAGE, AND DISPOSAL OF CERTAIN VEHICLES; AND BY ADDING ARTICLE 4, CHAPTER 15, TITLE 56 SO AS TO PROVIDE NONFRANCHISE AUTOMOBILE DEALER PRELICENSING PROCEDURES.
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(R155, H. 3199 (Word version)) -- Reps. J.E. Smith, Harrison, Cobb-Hunter, Altman, Bailey, Richardson and Cotty: AN ACT TO AMEND SECTION 20-7-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO INCLUDE A MEMBER OF THE CLERGY, INCLUDING CHRISTIAN SCIENCE PRACTITIONERS AND RELIGIOUS HEALERS; AND TO AMEND SECTION 20-7-550, AS AMENDED, RELATING TO PRIVILEGED COMMUNICATIONS WHICH APPLY AND WHICH DO NOT APPLY WITH REGARD TO REPORTING CHILD ABUSE OR NEGLECT, SO AS TO REQUIRE A PRIEST, INCLUDING CHRISTIAN SCIENCE PRACTITIONERS AND RELIGIOUS HEALERS, TO REPORT EXCEPT WHEN THE COMMUNICATION IS RECEIVED FROM THE ALLEGED PERPETRATOR DURING A COMMUNICATION PROTECTED BY THE PRIEST-PENITENT PRIVILEGE PURSUANT TO SECTION 19-11-90.
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(R156, H. 3206 (Word version)) -- Reps. Wilkins, Harrison, W.D. Smith, Stille, Taylor, Bailey, Delleney, Walker, Ceips, Bales, Mahaffey, G.M. Smith, J.E. Smith, Sandifer, Bingham, Young, Toole, Keegan, Clemmons, Littlejohn, Viers, Kirsh, Thompson, Hinson, McLeod, Owens and Edge: AN ACT TO AMEND SECTION 2-17-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF LOBBYISTS, SO AS TO CHANGE THE REGISTRATION FEE AND TO PROVIDE WHEN A STATEMENT OF TERMINATION IS EFFECTIVE; TO AMEND SECTION 2-17-25, AS AMENDED, RELATING TO THE REGISTRATION OF A LOBBYIST PRINCIPAL, SO AS TO CHANGE THE REGISTRATION FEE AND TO PROVIDE WHEN A STATEMENT OF TERMINATION IS EFFECTIVE; TO AMEND SECTION 2-17-30, AS AMENDED, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYISTS' PRINCIPALS' REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY OR DEPARTMENT REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS AND COMMITTEES OR SUBCOMMITTEES OF LEGISLATIVE CAUCUSES, AND AUTHORIZE INVITATIONS TO BE EXTENDED AT NATIONAL AND REGIONAL CONVENTIONS AND CONFERENCES TO ALL MEMBERS OF THE GENERAL ASSEMBLY, TO INCREASE THE AMOUNT OF THE VALUE OF CERTAIN ITEMS A LOBBYIST PRINCIPAL, OR PERSON ACTING ON HIS BEHALF, MAY PROVIDE TO A PUBLIC OFFICIAL OR PUBLIC EMPLOYEE, TO PROVIDE A METHOD FOR ADJUSTING THE DOLLAR AMOUNT OF THIS VALUE AND REQUIRE THE STATE ETHICS COMMISSION TO NOTIFY ALL LOBBYISTS' PRINCIPALS OF THE ADJUSTED LIMITATION AT THE TIME OF REGISTRATION; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT, SO AS TO DELETE WITHIN THE DEFINITION OF "ELECTION", A BALLOT MEASURE; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE A PROCEDURE FOR FILING A COMPLAINT CONCERNING A CANDIDATE FOR ELECTIVE OFFICE WITH THE COMMISSION DURING THE FIFTY-DAY PERIOD BEFORE THE ELECTION IN WHICH HE IS A CANDIDATE, TO REQUIRE A NOTICE OF WAIVER BE FORWARDED TO THE STATE ETHICS COMMISSION AFTER A COMPLAINT HAS BEEN DISMISSED WHEN IT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION, AND TO REQUIRE THE COMMISSION TO FILE A CERTIFIED COPY OF AN ORDER OR DECISION OF THE COMMISSION IN THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE RESPONDENT OF A COMPLAINT RESIDES; TO AMEND SECTION 8-13-325, RELATING TO THE RETENTION OF FEES BY THE STATE ETHICS COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO RETAIN CERTAIN FEES TO OFFSET COSTS ASSOCIATED WITH ADMINISTRATION AND REGULATION OF LOBBYISTS AND LOBBYIST'S PRINCIPALS AND ENFORCEMENT OF CHAPTER 17, TITLE 2; BY ADDING SECTION 8-13-365 SO AS TO REQUIRE THE STATE ETHICS COMMISSION TO ESTABLISH A SYSTEM OF ELECTRONIC FILING FOR ALL DISCLOSURES AND REPORTS FROM CANDIDATES AND ENTITIES SUBJECT TO ITS JURISDICTION; TO AMEND SECTION 8-13-530, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS COMMITTEES, SO AS TO REQUIRE THE COMMITTEES TO ASCERTAIN WHETHER A PERSON HAS FAILED TO COMPLY FULLY AND ACCURATELY WITH DISCLOSURE REQUIREMENTS AND REQUIRE THEM TO PROMPTLY NOTIFY THE PERSON TO FILE THE NECESSARY NOTICES AND REPORTS, RECEIVE COMPLAINTS AND FILE COMPLAINTS UNDER CERTAIN CONDITIONS, TO INCLUDE LEGISLATIVE CAUCUS COMMITTEES WITHIN THE JURISDICTION OF A COMMITTEE, AND TO PROVIDE A PROCEDURE FOR A PERSON TO PETITION THE COURT OF COMMON PLEAS DURING THE FIFTY-DAY PERIOD BEFORE AN ELECTION IN WHICH THE MEMBER OR CANDIDATE IS A CANDIDATE; TO AMEND SECTION 8-13-770, AS AMENDED, RELATING TO THE EXCEPTIONS FOR A MEMBER OF THE GENERAL ASSEMBLY TO SERVE AS A MEMBER OF A STATE BOARD OR COMMISSION, SO AS TO ADD THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS RELATING TO CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "CANDIDATE" TO INCLUDE A PERSON WHO IS EXPLORING WHETHER OR NOT TO SEEK ELECTION AT THE STATE OR LOCAL LEVEL, TO AMEND THE DEFINITION OF "COMMITTEE" TO INCLUDE A PERSON WHO, TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE, MAKES CONTRIBUTIONS AGGREGATING AT LEAST TWENTY-FIVE THOUSAND DOLLARS DURING AN ELECTION CYCLE TO OR AT THE REQUEST OF A CANDIDATE OR A COMMITTEE, OR A COMBINATION OF THEM, OR MAKES INDEPENDENT EXPENDITURES AGGREGATING FIVE HUNDRED DOLLARS OR MORE DURING AN ELECTION CYCLE FOR THE ELECTION OR DEFEAT OF A CANDIDATE, AND DELETE A BALLOT MEASURE WITHIN THIS DEFINITION, TO AMEND THE DEFINITION OF "CONTRIBUTION" TO INCLUDE CERTAIN ITEMS MADE OR OFFERED TO A CANDIDATE, WHETHER MADE OR OFFERED DIRECTLY OR INDIRECTLY, AND PROVIDE ADDITIONAL EXEMPTIONS FROM WHAT A CONTRIBUTION INCLUDES, TO AMEND THE DEFINITION OF "ELECTION" TO DELETE BALLOT MEASURE WITHIN ITS DEFINITION, TO AMEND THE DEFINITION OF "INDEPENDENT EXPENDITURE" TO SPECIFY THAT THE EXPENDITURE INCLUDES THOSE MADE DIRECTLY OR INDIRECTLY, INCLUDE WITHIN THE DEFINITION THAT THE EXPENDITURE MUST BE MADE WHEN TAKEN AS A WHOLE AND IN CONTEXT IT WAS MADE TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE OR BALLOT MEASURE, TO INCLUDE AN EXPENDITURE MADE UPON CONSULTATION WITH A COMMITTEE OR AGENT OF A COMMITTEE OR A BALLOT MEASURE COMMITTEE OR AN AGENT OF A BALLOT MEASURE COMMITTEE, AND DELETING WITHIN THE DEFINITION AN EXPENDITURE MADE BY A PERSON TO ADVOCATE THE ELECTION OR DEFEAT OF A CLEARLY DEFINED CANDIDATE OR BALLOT MEASURE, BY DEFINING "BALLOT MEASURE COMMITTEE", "INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE", "COORDINATED WITH", AND "OPERATION EXPENSES"; TO AMEND SECTION 8-13-1302, AS AMENDED, RELATING TO MAINTENANCE OF RECORDS OF CONTRIBUTIONS BY A CANDIDATE, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE AND REQUIRE A CANDIDATE OR COMMITTEE OR BALLOT MEASURE COMMITTEE TO MAINTAIN AND PRESERVE THE OCCUPATION OF EACH PERSON MAKING A CONTRIBUTION; TO AMEND SECTION 8-13-1304, AS AMENDED, RELATING TO THE REQUIREMENT THAT COMMITTEES, EXCEPT AN OUT-OF-STATE COMMITTEE, RECEIVING AND SPENDING FUNDS SHALL FILE A STATEMENT OF ORGANIZATION, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE, EXCEPT AN OUT-OF-STATE COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN TWO THOUSAND FIVE HUNDRED DOLLARS IN THE AGGREGATE DURING AN ELECTION CYCLE TO INFLUENCE THE OUTCOME OF A BALLOT MEASURE TO FILE A STATEMENT OF ORGANIZATION; TO AMEND SECTION 8-13-1306, AS AMENDED, RELATING TO THE CONTENTS OF A STATEMENT OF ORGANIZATION, SO AS TO INCLUDE BALLOT MEASURE COMMITTEE WHERE APPLICABLE; TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO THE FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO REQUIRE THE CANDIDATE OR COMMITTEE TO MAINTAIN A CURRENT LIST OF EXPENDITURES IN ADDITION TO CONTRIBUTIONS, REQUIRE CERTIFIED CAMPAIGN REPORTS TO CONTAIN THE AMOUNT OF EACH CONTRIBUTION, INCLUDE THE MAKING OF INDEPENDENT EXPENDITURES WITHIN THE REQUIREMENTS OF THE SECTION AND REQUIRE A POLITICAL PARTY, LEGISLATIVE CAUCUS COMMITTEE, AND A PARTY COMMITTEE TO FILE A CERTIFIED CAMPAIGN REPORT UPON THE RECEIPT OF ANYTHING OF VALUE WHICH TOTALS MORE THAN FIVE HUNDRED DOLLARS AND DEFINE "ANYTHING OF VALUE"; BY ADDING SECTION 8-13-1309, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE REQUIRED TO FILE A STATEMENT OF ORGANIZATION TO FILE AN INITIAL CERTIFIED CAMPAIGN REPORT WHEN IT RECEIVES OR EXPENDS CAMPAIGN CONTRIBUTIONS TOTALING CERTAIN SPECIFIED AMOUNTS; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1312, AS AMENDED, RELATING TO CAMPAIGN BANK ACCOUNTS, SO AS TO MAKE AN EXCEPTION FROM THE PROHIBITION OF ESTABLISHING MORE THAN ONE CAMPAIGN CHECKING ACCOUNT FOR THE SEPARATION OF FUNDS AND EXPENDITURES UNDER THE PROVISIONS OF SECTION 8-13-1300, AND INCREASE THE TIME FOR DETERMINING THE NAME AND ADDRESS OF A CONTRIBUTOR; TO AMEND SECTION 8-13-1314, AS AMENDED, RELATING TO CAMPAIGN CONTRIBUTIONS LIMITS AND RESTRICTIONS, SO AS TO PROHIBIT A PERSON FROM GIVING OR OFFERING TO GIVE TO A CANDIDATE OR PERSON ACTING ON THE CANDIDATE'S BEHALF CERTAIN CONTRIBUTIONS; TO AMEND SECTION 8-13-1316, AS AMENDED, RELATING TO RESTRICTIONS ON CAMPAIGN CONTRIBUTIONS RECEIVED FROM POLITICAL PARTIES, SO AS TO PROHIBIT A POLITICAL PARTY FROM RECEIVING CONTRIBUTIONS THROUGH ITS PARTY COMMITTEES OR LEGISLATIVE CAUCUS COMMITTEES WHICH TOTAL CERTAIN AGGREGATE AMOUNTS, DELETE A PROVISION REGULATING PARTY EXPENDITURES FOR PARTISAN MULTI-CANDIDATE PROMOTIONS FOR FOUR OR MORE CANDIDATES, AND TO PROVIDE THAT A CONTRIBUTION GIVEN IN VIOLATION OF THIS SECTION MAY NOT BE KEPT BY THE RECIPIENT, BUT WITHIN TEN DAYS REMIT IT TO THE CHILDREN'S TRUST FUND; TO AMEND SECTION 8-13-1324, AS AMENDED, RELATING TO ANONYMOUS CAMPAIGN CONTRIBUTIONS, SO AS TO PROHIBIT THESE CONTRIBUTIONS TO A BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1332, AS AMENDED, RELATING TO UNLAWFUL CONTRIBUTIONS AND EXPENDITURES, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE AS WELL AS A COMMITTEE AND DELETE FROM THE PROHIBITION AN ORGANIZATION OR COMMITTEE OF AN ORGANIZATION TO SOLICIT CONTRIBUTIONS TO THE ORGANIZATION COMMITTEE FROM A PERSON OTHER THAN ITS MEMBERS AND THEIR FAMILIES; BY ADDING SECTION 8-13-1333 SO AS TO AUTHORIZE NOT-FOR-PROFIT CORPORATIONS AND COMMITTEES FORMED BY NOT-FOR-PROFIT CORPORATIONS TO SOLICIT CONTRIBUTIONS FROM THE GENERAL PUBLIC; TO AMEND SECTION 8-13-1340, AS AMENDED, RELATING TO RESTRICTIONS ON CONTRIBUTIONS BY ONE CANDIDATE TO ANOTHER, SO AS TO PROVIDE THAT WITH CERTAIN EXCEPTIONS, A CANDIDATE OR PUBLIC OFFICIAL MAY NOT MAKE A CONTRIBUTION TO ANOTHER CANDIDATE OR MAKE AN INDEPENDENT EXPENDITURE ON BEHALF OF ANOTHER CANDIDATE OR PUBLIC OFFICIAL FROM THAT PERSON'S CAMPAIGN ACCOUNT OR THROUGH A COMMITTEE, EXCEPT LEGISLATIVE CAUCUS COMMITTEES, DIRECTLY OR INDIRECTLY ESTABLISHED, FINANCED, MAINTAINED, OR CONTROLLED BY THE CANDIDATE OR PUBLIC OFFICIAL, PROHIBIT A COMMITTEE FROM SOLICITING OR ACCEPTING A CONTRIBUTION FROM A REGISTERED LOBBYIST UNDER CERTAIN CONDITIONS OR TRANSFERRING ANYTHING OF VALUE TO OTHER COMMITTEES, AND PROVIDE AN EXCEPTION; TO AMEND SECTION 8-13-1358, AS AMENDED, RELATING TO THE FORMAT OF THE CERTIFIED CAMPAIGN REPORTS, SO AS TO PROVIDE AN EXCEPTION; TO AMEND SECTION 8-13-1366, AS AMENDED, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; TO AMEND SECTION 8-13-1368, AS AMENDED, RELATING TO TERMINATION OF CAMPAIGN FILING REQUIREMENTS, SO AS TO INCLUDE BALLOT MEASURE COMMITTEES WITHIN THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1370, AS AMENDED, RELATING TO THE USE OF UNEXPENDED CONTRIBUTIONS BY A CANDIDATE AFTER AN ELECTION, SO AS TO MAKE A TECHNICAL CITATION CHANGE AND INCLUDE A BALLOT MEASURE COMMITTEE WITHIN THE REQUIREMENTS OF THE SECTION; BY ADDING SECTION 8-13-1371 SO AS TO ESTABLISH CONDITIONS UNDER WHICH CONTRIBUTIONS TO A BALLOT MEASURE COMMITTEE MAY BE USED, PROVIDE THAT THE STATE ETHICS COMMISSION HAS JURISDICTION TO SEIZE FUNDS AND DISTRIBUTE THEM AMONG VARIOUS SPECIFIED FUNDS OR ENTITIES IF THERE IS A VIOLATION OF THIS SECTION; TO AMEND SECTION 8-13-1372, AS AMENDED, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS; BY ADDING SECTION 8-13-1373 SO AS TO REQUIRE THE BUDGET AND CONTROL BOARD, USING FUNDS APPROPRIATED TO IT, TO DEFEND AN ACTION BROUGHT AGAINST THE STATE OR ITS POLITICAL SUBDIVISIONS IF THE ATTORNEY GENERAL HAS BEEN REQUESTED AND REFUSES TO DEFEND THE ACTION; TO AMEND SECTION 8-13-1510, AS AMENDED, RELATING TO THE PENALTY FOR LATE FILING OF OR FAILURE TO FILE A REPORT OR STATEMENT, SO AS TO DELETE THE FIVE HUNDRED DOLLAR MAXIMUM FINE AND CHANGE THE METHOD FOR ASSESSING THE FINE; TO AMEND SECTION 8-13-1520, RELATING TO A VIOLATION OF CHAPTER 13 OF TITLE 8, SO AS TO MAKE CERTAIN VIOLATIONS OF ARTICLE 13, CHAPTER 13, TITLE 8 A MISDEMEANOR AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS RELATING TO CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "LEGISLATIVE CAUCUS COMMITTEE" SO AS TO AUTHORIZE THE ESTABLISHMENT OF ONE COMMITTEE FOR EACH POLITICAL-, RACIAL-, ETHNIC-, OR GENDER-BASED AFFINITY BY A COMMITTEE OR EITHER HOUSE OF THE GENERAL ASSEMBLY AND DELETE A SIMILAR PROHIBITION FOR EACH HOUSE.
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(R157, H. 3231 (Word version)) -- Reps. Gilham, Stille, Wilkins, Walker, Bales, M.A. Pitts, Cobb-Hunter, Richardson, Ceips, Cotty, Skelton, Owens, Haskins, Martin, Toole, Lourie, Huggins, E.H. Pitts, Talley, Mahaffey, Leach, Hamilton, Loftis, D.C. Smith, McLeod, Thompson and J.E. Smith: AN ACT TO AMEND SECTION 23-31-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRESUMPTIONS CREATED WHEN CERTAIN LEVELS OF ALCOHOL ARE FOUND IN A CHEMICAL ANALYSIS OF A PERSON WHO USES A FIREARM'S BLOOD OR BREATH, SO AS TO LOWER THE LEVEL OF ALCOHOL FOUND IN A PERSONS BLOOD THAT MAY BE CONSIDERED WITH OTHER COMPETENT EVIDENCE IN DETERMINING WHETHER A PERSON IS UNDER THE INFLUENCE OF ALCOHOL AND THE LEVEL THAT CREATES AN INFERENCE THAT A PERSON IS UNDER THE INFLUENCE OF ALCOHOL; BY ADDING SECTION 42-3-105 SO AS TO AUTHORIZE THE WORKER'S COMPENSATION COMMISSION TO DOUBLE THE AMOUNT OF FINES AND PENALTIES ASSESSED FOR CERTAIN VIOLATIONS OF THE WORKERS' COMPENSATION LAW, TO PROVIDE A MINIMUM PENALTY FOR CERTAIN VIOLATIONS, AND TO ALLOW THE COMMISSION TO RETAIN AND EXPEND ALL REVENUES RECEIVED PURSUANT TO THIS SECTION; TO AMEND SECTION 50-21-114, AS AMENDED, RELATING TO CHEMICAL TESTS ADMINISTERED ON A PERSON WHO OPERATES A WATER DEVICE TO DETERMINE WHETHER HE IS OPERATING THE DEVICE WITH AN UNLAWFUL ALCOHOL CONCENTRATION, SO AS TO ALLOW AN ARRESTING OFFICER TO DIRECT A BLOOD SAMPLE BE TAKEN FROM A DECEASED PERSON WHO HE BELIEVES HAS OPERATED A WATER DEVICE WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF BOTH, TO MAKE CERTAIN TECHNICAL CHANGES, AND TO LOWER THE LEVEL OF ALCOHOL FOUND IN A PERSON'S BLOOD THAT MAY BE CONSIDERED WITH OTHER COMPETENT EVIDENCE IN DETERMINING WHETHER A PERSON IS UNDER THE INFLUENCE OF ALCOHOL AND THE LEVEL THAT CREATES AN INFERENCE THAT A PERSON IS UNDER THE INFLUENCE OF ALCOHOL; TO AMEND SECTION 56-1-286, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OR A PERMIT, AND THE DENIAL OF ISSUANCE OF A DRIVER'S LICENSE OR A PERMIT TO A PERSON UNDER THE AGE OF TWENTY-ONE WHO DRIVES A MOTOR VEHICLE WITH AN ILLEGAL ALCOHOL CONCENTRATION, SO AS TO MAKE CERTAIN TECHNICAL CHANGES, TO PROVIDE THAT IF A LAW ENFORCEMENT OFFICER INITIATES A SUSPENSION PROCEEDING PURSUANT TO THIS SECTION HE MAY NOT PROSECUTE THE PERSON FOR A VIOLATION OF CERTAIN OTHER SECTIONS THAT REQUIRE A PERSON TO ENTER AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM AND OBTAIN AN ADMINISTRATIVE HEARING, AND TO REVISE THE ALCOHOL CONCENTRATION LEVEL OF A PERSON WHOSE LICENSE IS SUSPENDED THAT COUNTS AS A DEMERIT OR RESULTS IN AN INSURANCE PENALTY FOR AUTOMOBILE PURPOSES; TO AMEND SECTION 56-5-2933, RELATING TO DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, SO AS TO LOWER THE UNLAWFUL ALCOHOL CONCENTRATION FROM TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE TO EIGHT ONE-HUNDREDTHS OF ONE PERCENT OR MORE, TO SUBSTITUTE THE TERM "ARTICULABLE SUSPENSION" FOR THE TERM "PROBABLE CAUSE", AND TO PROVIDE THAT A PERSON CHARGED WITH A VIOLATION OF THIS SECTION MUST BE GIVEN NOTICE OF INTENT TO PROSECUTE AT LEAST FOURTEEN DAYS BEFORE HIS TRIAL DATE; TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO A DRIVER OF A MOTOR VEHICLE'S IMPLIED CONSENT TO BE ADMINISTERED CERTAIN CHEMICAL TESTS, AND THE RESULTS OF THESE TESTS THAT LEAD TO VARIOUS INFERENCES OF EITHER DRIVING OR NOT DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, OR DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, SO AS TO MAKE A TECHNICAL CHANGE, TO REVISE THE READING THAT THE SIMULATOR TEST MUST REGISTER BEFORE A BREATH TEST IS ADMINISTERED, TO REVISE THE PROVISION THAT REQUIRES A PERSON TO ENROLL IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM, TO LOWER THE LEVEL OF ALCOHOL CONCENTRATION THAT GIVES RISE TO AN INFERENCE THAT A PERSON WAS UNDER THE INFLUENCE OF ALCOHOL, OR HAD AN ILLEGAL ALCOHOL CONCENTRATION, TO PROVIDE THAT POLICIES, PROCEDURES, AND REGULATIONS PROMULGATED BY SLED MAY BE REVIEWED BY THE TRIAL JUDGE OR HEARING OFFICER AND THAT FAILURE TO FOLLOW THESE POLICIES, PROCEDURES, AND REGULATIONS SHALL RESULT IN THE EXCLUSION FROM EVIDENCE OF ANY TEST RESULTS UNDER CERTAIN CIRCUMSTANCES, AND TO ALLOW THE EMPLOYER OF A STATE EMPLOYEE CHARGED WITH THE MAINTENANCE AND ADMINISTRATION OF BREATH TEST DEVICES AND POLICY WHO TESTIFIES IN A PROCEEDING TO CHARGE A REASONABLE FEE TO THE DEFENDANT FOR THESE SERVICES; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON WHO REFUSES TO SUBMIT TO CERTAIN TESTS TO DETERMINE WHETHER HE IS OPERATING A VEHICLE WITH AN UNLAWFUL ALCOHOL CONCENTRATION, SO AS TO DELETE AND REVISE CERTAIN PROVISIONS THAT REQUIRE A PERSON TO ENROLL IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM, AND THE NON-ISSUANCE OF AN ALCOHOL RESTRICTED LICENSE TO A PERSON WHO DOES NOT ENROLL IN THE PROGRAM; TO AMEND SECTION 56-5-2953, AS AMENDED, RELATING TO THE VIDEOTAPING OF THE INCIDENT SITE AND THE BREATH TEST SITE OF A PERSON CHARGED WITH OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR THE COMBINATION OF BOTH, OR WHO CAUSES GREAT BODILY HARM OR DEATH WHILE OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF BOTH, SO AS TO MAKE A TECHNICAL CHANGE, AND TO PROVIDE THAT CERTAIN PROVISIONS CONTAINED IN THIS SECTION TAKE EFFECT WHEN VIDEOTAPING DEVICES ARE PRESENT IN CERTAIN LAW ENFORCEMENT VEHICLES AND BREATH TEST SITES; TO REQUEST THE ATTORNEY GENERAL TO BRING AN APPROPRIATE ACTION IN FEDERAL COURT THAT CHALLENGES THE FEDERAL GOVERNMENT'S RIGHT TO WITHHOLD FUNDS TO WHICH A STATE IS OTHERWISE ENTITLED BECAUSE OF A STATE'S FAILURE TO ENACT A STATE LAW CONSISTENT WITH A FEDERAL GOAL OR POLICY; TO REPEAL SECTION 30 OF ACT 390 OF 2000 WHICH RELATES TO LOWERING THE ALCOHOL CONCENTRATION LEVEL FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR OTHER INTOXICATING SUBSTANCES FROM TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE TO EIGHT ONE-HUNDREDTHS OF ONE PERCENT OR MORE; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO THE PENALTY FOR OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, ANY OTHER DRUG, OR A COMBINATION OF DRUGS, AND OPERATING A VEHICLE WITH AN UNLAWFUL ALCOHOL CONCENTRATION, SO AS TO REVISE THE MINIMUM IMPRISONMENT FOR A SECOND OFFENSE, THE MONETARY PENALTY FOR ALL OFFENSES, AND TO PROVIDE THAT A PORTION OF THE PENALTY SHALL BE USED BY THE DEPARTMENT OF PUBLIC SAFETY AND THE STATE LAW ENFORCEMENT DIVISION; BY ADDING SECTION 56-5-2942 SO AS TO PROVIDE THAT A PERSON WHO IS CONVICTED OF A SECOND OR SUBSEQUENT OFFENSE OF OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, ANOTHER DRUG, OR A COMBINATION OF DRUGS, OR OPERATING A VEHICLE WITH AN UNLAWFUL ALCOHOL CONCENTRATION MUST HAVE ALL MOTOR VEHICLES OWNED BY OR REGISTERED TO HIM IMMOBILIZED UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 23-6-180 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST KEEP PERMANENT RECORDS OF ALL HIGHWAY PATROLMEN KILLED IN THE LINE OF DUTY, WHO DIE WHILE ACTIVELY EMPLOYED, AND WHO ARE RETIRED; TO AMEND SECTION 56-5-2934, RELATING TO THE RIGHT TO COMPULSORY PROCESS OF A PERSON WHO IS CHARGED WITH CERTAIN ALCOHOL RELATED OFFENSES SO AS TO PROVIDE THAT THE PROVISION CONTAINED IN THIS SECTION THAT REQUIRES THE ATTENDANCE AT A HEARING OR COURT PROCEEDING OF A STATE EMPLOYEE CHARGED WITH MAINTENANCE AND THE ADMINISTRATION OF BREATH TESTING DEVICES TAKES EFFECT ONCE THE COMPULSORY PROCESS PROGRAM AT THE STATE LAW ENFORCEMENT DIVISION IS FUNDED, AND TO DELETE THE PROVISION THAT REQUIRES A DEFENDANT TO COMPLETE A HEARING REQUEST FORM AND GIVE IT TO AN ARRESTING OFFICER WHO WOULD FORWARD IT TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 56-5-2945, AS AMENDED, RELATING TO CAUSING GREAT BODILY INJURY OR DEATH WHILE DRIVING UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF BOTH, SO AS TO INCREASE THE FINES IMPOSED FOR A VIOLATION OF THIS PROVISION AND TO PROVIDE THAT A PORTION OF THE FINES MUST BE SET ASIDE FOR THE HIGHWAY PATROL; TO AMEND SECTION 56-5-2952, RELATING TO THE FILING FEE FOR AN ADMINISTRATIVE HEARING, SO AS TO PROVIDE THAT THIS FEE APPLIES TO ANY HEARING BEFORE THE DEPARTMENT OF PUBLIC SAFETY, AND TO INCREASE THE FEE FROM FIFTY DOLLARS TO ONE HUNDRED DOLLARS.
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(R158, H. 3254 (Word version)) -- Reps. G.M. Smith, Weeks and Coates: AN ACT TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SUMTER COUNTY SCHOOL DISTRICTS 2 AND 17 MUST BE SET BY THE BOARD OF TRUSTEES OF EACH RESPECTIVE SCHOOL DISTRICT IN THEIR SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
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(R159, H. 3255 (Word version)) -- Rep. J.R. Smith: AN ACT TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE SCHOOL DISTRICTS OF AIKEN COUNTY, EDGEFIELD COUNTY, AND McCORMICK COUNTY MUST BE SET BY THE GOVERNING BODY OF THE DISTRICTS IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
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(R160, H. 3257 (Word version)) -- Reps. Lourie, J.E. Smith, J. Brown, Bales, Cotty, Scott, Howard, J.H. Neal and Rutherford: AN ACT TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF RICHLAND COUNTY SCHOOL DISTRICT ONE AND RICHLAND COUNTY SCHOOL DISTRICT TWO, LEXINGTON COUNTY SCHOOL DISTRICTS ONE, TWO, THREE, AND FOUR, AND LEXINGTON/RICHLAND SCHOOL DISTRICT FIVE, AND YORK COUNTY SCHOOL DISTRICTS ONE THROUGH FOUR MUST BE SET BY THE BOARD OF TRUSTEES OF EACH RESPECTIVE DISTRICT IN THEIR SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
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(R161, H. 3281 (Word version)) -- Rep. Townsend: AN ACT TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SCHOOL DISTRICT NO. 2 OF ANDERSON COUNTY MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
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(R162, H. 3333 (Word version)) -- Rep. G.M. Smith: AN ACT TO AMEND SECTION 56-5-2770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SIGNALS AND MARKINGS ON SCHOOL BUSES, AND PROCEDURES RELATING TO THE LEGAL PASSING OF A SCHOOL BUS, SO AS TO REVISE THE TYPE OF MARKINGS AND VISUAL SIGNALS THAT MUST EQUIP A SCHOOL BUS, TO REVISE THE CIRCUMSTANCES UPON WHICH A DRIVER OF A VEHICLE NEED NOT STOP WHEN TRAVELING IN THE OPPOSITE DIRECTION OF A SCHOOL BUS, OR OVERTAKE A SCHOOL BUS, TO PROVIDE THAT A SCHOOL BUS ROUTE THAT REQUIRES PASSENGERS TO BE LOADED OR OFF-LOADED ALONG A MULTI-LANE HIGHWAY OR ROAD MUST BE DESIGNED TO ENSURE THAT A STUDENT IS NOT REQUIRED TO CROSS THE HIGHWAY OR ROAD, AND TO DEFINE THE TERMS MULTI-LANE HIGHWAY AND MULTI-LANE PRIVATE ROAD; AND TO AMEND SECTION 56-5-2780, AS AMENDED, RELATING TO PENALTIES FOR UNLAWFULLY PASSING A STOPPED SCHOOL BUS, SO AS TO MAKE A TECHNICAL CHANGE.
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(R163, H. 3361 (Word version)) -- Rep. Cato: AN ACT TO AMEND SECTION 59-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT SCHOOL DAYS MISSED DUE TO WEATHER CONDITIONS MUST BE MADE UP, SO AS TO ALSO INCLUDE DAYS MISSED FOR OTHER DISRUPTIONS, TO REQUIRE SCHOOL DISTRICTS TO DESIGNATE THREE MAKE UP DAYS ANNUALLY, TO AUTHORIZE LENGTHENING OF SCHOOL DAYS OR OPERATING ON SATURDAY IF THE DESIGNATED DAYS HAVE BEEN USED, AND TO AUTHORIZE LEGISLATION WAIVING THE REQUIREMENT TO MAKE UP DAYS AND LEGISLATION AUTHORIZING A SCHOOL BOARD TO FORGIVE UP TO THREE DAYS MISSED; TO AMEND SECTION 59-1-420, AS AMENDED, RELATING TO THE LENGTH OF THE STATUTORY SCHOOL TERM, SO AS TO CROSS REFERENCE THE EXCEPTION PROVIDED FOR IN SECTION 59-1-430; TO AMENDED SECTION 59-19-90, AS AMENDED, RELATING TO POWERS AND DUTIES OF SCHOOL BOARD TRUSTEES, SO AS TO REQUIRE TRUSTEES TO ESTABLISH THE ANNUAL SCHOOL CALENDAR, INCLUDING, AMONG OTHER THINGS, START AND END DATES AND MAKE-UP DAYS; TO ADD SECTION 59-18-1310 SO AS TO CONSOLIDATE CERTAIN STRATEGIC PLANS AND IMPROVEMENT REPORTS REQUIRED OF PUBLIC SCHOOLS AND DISTRICTS AND TO REVISE THE DATES FOR SUBMITTING THESE REPORTS; TO AMEND SECTION 59-18-360, RELATING TO THE REVIEW OF THE STATE STANDARDS AND ASSESSMENTS OF EACH ACADEMIC AREA CONDUCTED BY THE STATE BOARD OF EDUCATION AND THE EDUCATION OVERSIGHT COMMITTEE, SO AS TO CHANGE THIS REVIEW TO A MINIMUM OF ONCE EVERY SEVEN, RATHER THAN FOUR, YEARS; TO ADD SECTION 59-63-333 SO AS TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO CONFORM CERTAIN PROVISIONS OF THE SCHOOL CRIME REPORT ACT TO COMPLY WITH THE FEDERAL "NO CHILD LEFT BEHIND ACT OF 2001" WHICH REQUIRES REPORTS ON PERSISTENTLY DANGEROUS SCHOOLS AND CRIMES RESULTING IN SUSPENSIONS AND EXPULSIONS AND TO CONFORM CERTAIN STUDENT HANDBOOK PROVISIONS WITH THESE REQUIREMENTS; AND TO REPEAL SECTION 59-5-71 RELATING TO THE STATEWIDE UNIFORM STARTING DATE FOR PUBLIC SCHOOLS.
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(R164, H. 3385 (Word version)) -- Reps. Sheheen and Cotty: AN ACT TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE KERSHAW COUNTY SCHOOL DISTRICT MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
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(R165, H. 3418 (Word version)) -- Reps. Townsend and Lourie: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 23, TITLE 59 SO AS TO FURTHER PROVIDE FOR APPLICABLE STANDARDS AND PROCEDURES, WHICH APPLY TO THE CONSTRUCTION, IMPROVEMENT, OR RENOVATION OF PUBLIC SCHOOL BUILDINGS AND PROPERTY, AND TO REQUIRE THE CONSTRUCTION, IMPROVEMENT, OR RENOVATION OF PUBLIC SCHOOL BUILDINGS AND PROPERTY TO BE INSPECTED BY THE STATE SUPERINTENDENT OF EDUCATION OR THE SUPERINTENDENT'S DESIGNEE BEFORE OCCUPANCY AND A CERTIFICATE OF APPROVAL OBTAINED FROM THE SUPERINTENDENT; TO AUTHORIZE THE GRANTING OF WAIVERS BY THE SUPERINTENDENT OF EDUCATION PERTAINING TO BUILDING SQUARE FOOT REQUIREMENTS FOR NEW SCHOOL BUILDINGS AND THE CONVERSION OF EXISTING COMMERCIAL BUILDINGS INTO A SCHOOL FACILITY, TO PROVIDE THAT BUILDINGS CONSIDERED APPROPRIATE FOR CONVERSION TO A SCHOOL BUILDING MAY BE LEASED TO A SCHOOL DISTRICT, TO PROHIBIT A REQUIREMENT THAT PUBLIC SCHOOLS BE CONSTRUCTED ON A LOT OR PARCEL OF A CERTAIN SIZE, TO PROVIDE THAT SCHOOL DISTRICTS MUST RECEIVE APPROVAL FROM THE DEPARTMENT OF EDUCATION BEFORE PROPERTY ACQUISITION OR ADDITIONS ON EXISTING PROPERTIES; AND TO REPEAL ARTICLE 1, CHAPTER 23, TITLE 59 OF THE 1976 CODE, RELATING TO SCHOOL BUILDING CODES AND INSPECTIONS.
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(R166, H. 3426 (Word version)) -- Reps. Cobb-Hunter, Jennings, Bingham, Toole, Neilson, Clark and Bales: AN ACT TO CREATE THE STUDY COMMITTEE ON THE ORGANIZATION OF THE BUDGET AND CONTROL BOARD AND PROVIDE FOR ITS MEMBERSHIP, DUTIES, AND TERMINATION; TO AMEND SECTIONS 1-31-10 AND 1-31-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP, POWERS, AND DUTIES OF THE STATE COMMISSION ON MINORITY AFFAIRS, SO AS TO ADD TWO STATEWIDE APPOINTEES TO THE COMMISSION, DELETE OBSOLETE LANGUAGE, INCLUDE AFRICAN AMERICANS, NATIVE AMERICANS, NATIVE AMERICAN INDIANS, HISPANICS/LATINOS, ASIANS, AND OTHERS WITHIN THE MINORITY COMMUNITY, TO FURTHER PRESCRIBE CERTAIN POWERS AND DUTIES OF THE COMMISSION RELATING TO STATE RECOGNITION OF NATIVE AMERICAN INDIAN ENTITIES, ESTABLISHING ADVISORY COMMITTEES, AND SEEKING FUNDING FOR IMPLEMENTING PROGRAMS AND SERVICES FOR THE MINORITY COMMUNITY AS EXPANDED BY THIS ACT, TO PROVIDE THAT STATE RECOGNITION OF NATIVE AMERICAN INDIAN ENTITIES PROVIDES NO BASIS FOR ANY INTEREST IN LAND, TO MAKE THE IMPLEMENTATION OF THE ADDITIONAL DUTIES OF THE COMMISSION CONTINGENT UPON FUNDING, AND TO MAKE THE PROVISIONS OF THIS ACT SEVERABLE.
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(R167, H. 3429 (Word version)) -- Reps. Cotty and Cato: AN ACT TO AMEND SECTION 27-33-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A TENANT'S RESPONSIBILITY FOR GAS, ELECTRIC, WATER, SEWERAGE, OR GARBAGE SERVICES, SO AS TO PROVIDE THAT THESE REQUIREMENTS DO NOT APPLY TO A LANDLORD WHOSE PROPERTY IS A MULTI-UNIT BUILDING CONSISTING OF FOUR OR MORE RESIDENTIAL UNITS SERVED BY A MASTER METER OR SINGLE CONNECTION.
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(R168, H. 3455 (Word version)) -- Rep. Talley: AN ACT TO AMEND SECTION 44-63-161, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS INVOLVING VITAL STATISTICS, SO AS TO INCREASE THE PENALTY FOR VIOLATING CERTAIN PROVISIONS OF THIS SECTION, AND TO MAKE TECHNICAL CHANGES.
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(R169, H. 3465 (Word version)) -- Reps. Pinson, Parks, M.A. Pitts, Duncan, Taylor and Anthony: AN ACT TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SCHOOL DISTRICTS NO. 50 AND 52 IN GREENWOOD COUNTY, SCHOOL DISTRICT NO. 51 IN GREENWOOD AND LAURENS COUNTIES, AND SCHOOL DISTRICTS NO. 55 AND 56 IN LAURENS COUNTY MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICTS IN THEIR SOLE DISCRETION, PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
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(R170, H. 3470 (Word version)) -- Rep. Frye: AN ACT TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SALUDA SCHOOL DISTRICT ONE MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION, PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
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(R171, H. 3641 (Word version)) -- Rep. J.R. Smith: AN ACT TO AMEND ACT 314 OF 2000, SO AS TO TERMINATE THE PROVISIONS OF THE SOUTH CAROLINA COMMUNITY ECONOMIC DEVELOPMENT ACT ON JUNE 30, 2010, INSTEAD OF JUNE 30, 2005; AND TO DEEM OTHER LAWS, REGULATIONS, AND OTHER PROVISIONS IN CONNECTION WITH THE ACT REPEALED ON THAT DATE.
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(R172, H. 3684 (Word version)) -- Rep. Lucas: AN ACT TO AMEND SECTION 56-5-4700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN AUDIBLE SIGNAL DEVICES AND SIGNAL LAMPS THAT MUST SERVE AS EQUIPMENT ON EMERGENCY VEHICLES, SCHOOL BUSES, AND POLICE VEHICLES SO AS TO REVISE THE PROVISION THAT REGULATES THAT TYPE OF EQUIPMENT THAT MUST BE ATTACHED TO POLICE VEHICLES THAT ARE USED AS AUTHORIZED EMERGENCY VEHICLES; AND TO AMEND SECTION 56-5-4830, RELATING TO CERTAIN RESTRICTIONS PLACED ON A LIGHTED LAMP OR ILLUMINATING DEVICE ATTACHED TO A MOTOR VEHICLE, SO AS TO PROVIDE THAT CERTAIN MOTOR VEHICLES MAY NOT DISPLAY A BLUE LIGHT.
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(R173, H. 3713 (Word version)) -- Reps. Wilkins, W.D. Smith, Harrell, Harrison, Cato, Witherspoon, Chellis, Townsend, J. Brown and Keegan: AN ACT TO AMEND SECTION 23-3-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCLUSIVE JURISDICTION AND STATEWIDE AUTHORITY OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION (SLED), SO AS TO PROVIDE THAT THIS JURISDICTION AND AUTHORITY INCLUDES ESTABLISHING AND OPERATING TACTICAL RESPONSE LAW ENFORCEMENT UNITS, COORDINATING COUNTER TERRORISM EFFORTS IN OR AFFECTING THIS STATE, COORDINATING FEDERAL GRANTS ASSOCIATED WITH HOMELAND SECURITY, CREATING COUNCILS ASSOCIATED WITH ITS MISSION, AND SERVING AS THE GOVERNOR'S REPRESENTATIVE TO THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY; AND ADDING CHAPTER 17, TITLE 54 SO AS TO ENACT THE "SOUTH CAROLINA MARITIME SECURITY ACT" TO CREATE A MARITIME SECURITY COMMISSION AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES; TO REESTABLISH THE SOUTH CAROLINA NAVAL MILITIA WHICH MUST BE ADMINISTERED BY THE MARITIME SECURITY COMMISSION; TO PROVIDE THAT THE NAVAL MILITIA IS A VOLUNTEER STATE MARITIME FORCE REGIONALLY ALIGNED TO AUGMENT AND COORDINATE WITH FEDERAL, STATE, AND LOCAL FORCES AND AGENCIES WHICH MAY BE ENGAGED IN A FEDERAL RESPONSE TO TERRORISM AND TO ASSIST WITH THE NEEDS OF HOMELAND SECURITY; TO PROVIDE THAT THE COMMISSION SHALL APPOINT THE COMMANDER OF THE NAVAL MILITIA; TO PROVIDE FOR THE DIVISIONS OF THE NAVAL MILITIA AND THAT MILITIA PERSONNEL ARE ENTITLED TO ALL PRIVILEGES PROVIDED IN STATE LAW TO STATE MILITARY ORGANIZATIONS; TO AUTHORIZE A JOINT SERVICE TASK FORCE WITHIN THE NAVAL MILITIA TO COORDINATE REGIONAL SECURITY MISSIONS RELATING TO WATERWAYS SHARED WITH CONTIGUOUS STATES AND TO PROVIDE ASSISTANCE TO THE COMMISSION; AND TO AUTHORIZE SLED TO PROMULGATE REGULATIONS NECESSARY FRO THE PROPER ADMINISTRATION OF HOMELAND SECURITY MEASURES FOR MARITIME PROTECTION; AND TO ADD SECTION 23-6-493 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER EMPLOYED WITH THE SAVANNAH RIVER SITE MAY BE TRAINED AT THE CRIMINAL JUSTICE ACADEMY AT THE EMPLOYER'S EXPENSE.
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(R174, H. 3909 (Word version)) -- Reps. Lucas and Cotty: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 19, TITLE 56 SO AS TO PROVIDE A UNIFORM PROCEDURE TO RETIRE THE TITLE CERTIFICATE TO CERTAIN MANUFACTURED HOMES AFFIXED TO REAL PROPERTY AND TO PROVIDE FOR THE CREATION OF A PROCEDURE BY WHICH A MANUFACTURED HOME AFFIXED TO REAL PROPERTY MAY BE SUBJECT TO A MORTGAGE ON THE REAL PROPERTY TO WHICH THE MANUFACTURED HOME IS AFFIXED.
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(R175, H. 3941 (Word version)) -- Reps. Bowers, Lloyd and R. Brown: A JOINT RESOLUTION TO POSTPONE UNTIL PROPERTY TAX YEARS BEGINNING AFTER 2003 THE IMPLEMENTATION OF THE REVISED VALUES DETERMINED IN THE COUNTYWIDE APPRAISAL AND EQUALIZATION PROGRAM CONDUCTED IN COLLETON COUNTY IN 2001.
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(R176, H. 4008 (Word version)) -- Rep. Cooper: AN ACT TO AMEND SECTION 9-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REVISE THE DEFINITION OF "EARNED SERVICE"; TO AMEND SECTION 9-1-1140, AS AMENDED, RELATING TO ESTABLISHING SERVICE CREDIT UNDER THE STATE RETIREMENT SYSTEM, SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH A MEMBER WHO PARTICIPATED IN THE STATE OPTIONAL RETIREMENT PROGRAM OR CERTAIN OTHER TEACHER OR HIGHER EDUCATION RETIREMENT PROGRAMS MAY ESTABLISH SERVICE CREDIT FOR SUCH SERVICE UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM; TO AMEND SECTION 9-11-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO REVISE THE DEFINITION OF "EARNED SERVICE"; TO AMEND SECTION 9-11-40, AS AMENDED, RELATING TO APPLICATIONS TO BECOME A MEMBER OF THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE FOR WHAT CONSTITUTES "EARNED SERVICE" AND "EARNABLE COMPENSATION" FOR PURPOSES OF BENEFIT ELIGIBILITY; TO AMEND SECTION 9-11-50, AS AMENDED, RELATING TO CREDITED SERVICE OF MEMBERS OF THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO FURTHER PROVIDE HOW AN ACTIVE MEMBER MAY ESTABLISH SERVICE CREDIT FOR SERVICE UNDER OTHER SPECIFIED RETIREMENT PROGRAMS; TO AMEND SECTION 9-20-10, AS AMENDED, RELATING TO DEFINITIONS UNDER THE STATE OPTIONAL RETIREMENT PROGRAM, SO AS TO REVISE OR ADD DEFINITIONS; TO AMEND SECTION 9-20-40, AS AMENDED, RELATING TO PARTICIPATION IN AND ELECTION OF RETIREMENT SYSTEMS IN WHICH TO PARTICIPATE AND THE CHANGING OF SYSTEMS, SO AS TO FURTHER PROVIDE FOR THE REQUIREMENTS FOR PARTICIPATION IN THE STATE OPTIONAL RETIREMENT PROGRAM AND TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH A MEMBER WHO PARTICIPATED IN THE STATE OPTIONAL RETIREMENT PROGRAM OR CERTAIN OTHER TEACHER OR HIGHER EDUCATION RETIREMENT PROGRAMS MAY PARTICIPATE IN THE SOUTH CAROLINA RETIREMENT SYSTEM OR PARTICIPATE CONCURRENTLY IN SUCH SYSTEMS; AND TO AMEND SECTION 9-20-60, AS AMENDED, RELATING TO GROUP LIFE INSURANCE BENEFITS UNDER THE STATE OPTIONAL RETIREMENT PROGRAM, SO AS TO DELETE RESTRICTIONS ON PAYING RETIREMENT BENEFITS FOR SERVICE IN CERTAIN OTHER RETIREMENT PROGRAMS.
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(R177, H. 4250 (Word version)) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO MOTORIST INSURANCE IDENTIFICATION DATABASE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2820, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R178, H. 4269 (Word version)) -- Reps. Cobb-Hunter, Ott and Rhoad: AN ACT TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF ALLENDALE COUNTY SCHOOL DISTRICT, BAMBERG COUNTY SCHOOL DISTRICTS ONE AND TWO, BARNWELL COUNTY SCHOOL DISTRICTS NINETEEN, TWENTY-NINE, AND FORTY-FIVE, CALHOUN COUNTY SCHOOL DISTRICT, HAMPTON COUNTY SCHOOL DISTRICTS ONE AND TWO, AND ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICTS THREE, FOUR, AND FIVE MUST BE SET BY THE BOARD OF TRUSTEES OF EACH RESPECTIVE DISTRICT IN THEIR SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
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(R179, H. 4270 (Word version)) -- Reps. Branham, McGee, Coates, M. Hines and J. Hines: AN ACT TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF CHESTER COUNTY SCHOOL DISTRICT, FAIRFIELD COUNTY SCHOOL DISTRICT, FLORENCE COUNTY SCHOOL DISTRICTS 1, 2, 3, 4, AND 5 OF FLORENCE COUNTY, AND UNION COUNTY SCHOOL DISTRICT MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICTS IN THEIR SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
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(R180, H. 4280 (Word version)) -- Reps. Edge and Clemmons: AN ACT TO AMEND SECTION 7-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN HORRY COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN HORRY COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
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(R181, H. 4285 (Word version)) -- Reps. Battle and M. Hines: AN ACT TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE SCHOOL DISTRICTS OF MARION COUNTY MUST BE SET BY THE COUNTY SCHOOL BOARD IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
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(R182, H. 4286 (Word version)) -- Rep. Walker: AN ACT TO AMEND SECTION 7-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS IN SPARTANBURG COUNTY, DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE POLLING PLACES FOR THESE PRECINCTS MUST BE DETERMINED BY THE SPARTANBURG COUNTY ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF SPARTANBURG COUNTY LEGISLATIVE DELEGATION.
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Having received a favorable report from the Aiken County Delegation, the following appointments were confirmed in open session:
Reappointment, Aiken County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Tracey Lynn Carroll, 1104 Hayne Avenue, Aiken, S.C. 29801
Reappointment, Aiken County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Charles Terry Carter, P. O. Box 92, Graniteville, S.C. 29829
Reappointment, Aiken County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Roger E. Edmonds, P. O. Box 6493, North Augusta, S.C. 29841
Reappointment, Aiken County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Gibson O'Neal Fallaw, Jr., P. O. Box 190, Monetta, S.C. 29105-0190
Reappointment, Aiken County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Carl S. Insley, P. O. Box 636, Langley, S.C. 29834
Reappointment, Aiken County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Sheridan Lee Lynn, Jr., 1115 Highview Avenue, North Augusta, S.C. 29841
Reappointment, Aiken County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Patrick Dorn Sullivan, 200 Main Street, Jackson, S.C. 29831
Reappointment, Aiken County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Donna H. Williamson, P. O. Box 99, Wagner, S.C. 29164
Having received a favorable report from the Chester County Delegation, the following appointment was confirmed in open session:
Reappointment, Chester County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
William Ralph Garris, 200 Magnolia Avenue, Great Falls, S.C. 29055
Having received a favorable report from the Darlington County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Darlington County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
G. Gordon McBride, P. O. Box 2555, Hartsville, S.C. 29550 VICE William E. White
Having received a favorable report from the Jasper County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Jasper County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Trent Kinard, P. O. Box 333, Ridgeland, S.C. 29936 VICE Bobby O. Smith
Having received a favorable report from the Marlboro County Delegation, the following appointment was confirmed in open session:
Reappointment, Marlboro County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Charles R. Hunter, Jr., 404 Center Street, Bennettsville, S.C. 29512
Having received a favorable report from the McCormick County Delegation, the following appointment was confirmed in open session:
Reappointment, McCormick County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Patty L. Smith, P. O. Box 1027, McCormick, S.C. 29835
Having received a favorable report from the Pickens County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Pickens County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Phillip A. Snow, 117 Scenic Drive, Pickens, S.C. 29671-9495 VICE John B. Robinson, Jr. (resigned)
Having received a favorable report from the Richland County Delegation, the following appointment was confirmed in open session:
Reappointment, Richland County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Mildred W. McDuffie, P. O. Box 50474, Columbia, S.C. 29250
Having received a favorable report from the Committee on Transportation, the following appointment was confirmed in open session:
Initial Appointment, South Carolina State Ports Authority, with term to commence June 4, 2001, and to expire June 4, 2008
At-Large
Harry J. Butler, Jr., One Dover Plantation, Georgetown, S.C. 29440 VICE Jack M. Scoville (resigned)
Having received a favorable report from the Committee on Agriculture and Natural Resources, the following appointment was confirmed in open session:
Initial Appointment, South Carolina Mining Council, with term to commence June 30, 2000, and to expire June 30, 2004
Mining Industry
James P. Daniel, P. O. Box 8834, Greenville, S.C. 29604 VICE James E. Neason
At 5:00 P.M., on motion of Senator McCONNELL, the Senate adjourned Sine Die.
This web page was last updated on Wednesday, June 24, 2009 at 3:44 P.M.