Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear a song of Solomon in Psalm 127:
"Unless the Lord builds the house, they labor in vain to build it.
Unless the Lord guards the city, the watchman stays awake in vain."
Let us pray.
Father, let Solomon be heard among the leadership of our world today.
Help us all to realize that peace among the peoples of the earth will not be achieved by the might of arms, nor even by the documents of diplomats, but by the indwelling of the Spirit of God in human life whereby we acknowledge the fact of the Fatherhood of God and the fact of the Brotherhood of mankind.
Help us to make a positive influence this day because, at the beginning, we seek Your blessing.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following was received and referred to the appropriate committee for consideration:
Document No. 2873
Agency: Department of Health and Environmental Control
SUBJECT: Air Pollution Control Regulations and Standards
Received by Lieutenant Governor February 24, 2004
Referred to Medical Affairs Committee
Legislative Review Expiration June 23, 2004
(Subject to Sine Die Revision)
The following was received:
Senator THOMAS introduced Dr. William B. Jones of Greenville, S.C., Doctor of the Day.
On motion of Senator MESCHER, with unanimous consent, the Privilege of the Chamber to that area behind the rail was extended to Miss Trista Kutcher and her parents and the Privilege of the Floor was extended to Miss Trista Kutcher, age 14, Special Olympics Medalist, for the purpose of presenting a Senate Resolution to her.
The following were introduced:
S. 1000 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 12-14-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INVESTMENT TAX CREDIT AGAINST STATE INCOME TAX ALLOWED FOR ECONOMIC IMPACT ZONE QUALIFIED MANUFACTURING AND PRODUCTIVE EQUIPMENT PROPERTY, SO AS TO EXTEND FOR CERTAIN TAXPAYERS THE TEN-YEAR CARRY-FORWARD PERIOD FOR UNUSED TAX CREDITS AND PROVIDE THE REQUIREMENTS NECESSARY FOR A TAXPAYER TO RECEIVE THE ADDITIONAL CARRY-FORWARD PERIOD.
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Read the first time and referred to the Committee on Finance.
S. 1001 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTIONS 9-8-10, 9-8-50, 9-8-60, AS AMENDED, AND 9-8-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
Read the first time and referred to the Committee on Finance.
S. 1002 (Word version) -- Senator Grooms: A BILL TO AMEND CHAPTER 7, TITLE 20 OF THE 1976 CODE, RELATING TO CHILDCARE FACILITIES, BY ADDING SECTION 20-7-2723 TO REQUIRE THAT ALL GROUP CHILDCARE HOMES AND FAMILY CHILDCARE HOMES ACQUIRE AND MAINTAIN DAY CARE LIABILITY INSURANCE IN THE AMOUNT OF AT LEAST ONE HUNDRED THOUSAND DOLLARS PER OCCURRENCE AND THREE HUNDRED THOUSAND DOLLARS IN THE TOTAL AGGREGATE AMOUNT.
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Read the first time and referred to the Committee on Judiciary.
S. 1003 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-1-385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REINSTATEMENT OF A PERMANENTLY REVOKED DRIVER'S LICENSE, SO AS TO PROVIDE THAT A PERSON WHOSE DRIVER'S LICENSE HAS BEEN REVOKED PERMANENTLY MAY PETITION THE CIRCUIT COURT FOR REINSTATEMENT OF HIS DRIVER'S LICENSE IN THE COUNTY IN WHICH HIS MOST RECENT CONVICTION FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER
Read the first time and referred to the Committee on Judiciary.
S. 1004 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-1-748, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO ARE ISSUED A RESTRICTED DRIVER'S LICENSE UNDER VARIOUS PROVISIONS OF LAW BEING INELIGIBLE TO OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE UNDER THESE PROVISIONS, SO AS TO PROVIDE THAT THIS LIMITATION ALSO APPLIES TO A PERSON ISSUED A RESTRICTED DRIVER'S LICENSE AFTER HIS LICENSE IS SUSPENDED FOR REFUSING TO SUBMIT TO TESTING TO DETERMINE HIS ALCOHOL CONCENTRATION OR FOR REGISTERING A CERTAIN LEVEL OF ALCOHOL CONCENTRATION; AND TO AMEND SECTION 56-1-1320, AS AMENDED, RELATING TO THE ISSUANCE OF PROVISIONAL DRIVER'S LICENSES, SO AS TO PROVIDE THAT A PERSON MAY BE ISSUED ONLY ONE PROVISIONAL DRIVER'S LICENSE IN A TEN-YEAR PERIOD.
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Read the first time and referred to the Committee on Judiciary.
S. 1005 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 18-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALING A MAGISTRATE'S COURT DECISION, SO AS TO PROVIDE THAT THE NOTICE OF APPEAL MUST ALSO BE SERVED ON ALL RESPONDENTS.
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Read the first time and referred to the Committee on Judiciary.
S. 1006 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-15-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF DEALER LICENSES, SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE SUPPLEMENTAL DEALER LICENSES FOR PREMISES LESS THAN ONE-HALF MILE FROM THE DEALER'S PRIMARY PLACE OF BUSINESS UNDER CERTAIN CIRCUMSTANCES FOR A FEE THAT MUST BE USED BY THE DEPARTMENT TO DEFRAY THE EXPENSES OF THIS PROGRAM.
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Read the first time and referred to the Committee on Transportation.
S. 1007 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-5-2942, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMMOBILIZATION OF A MOTOR VEHICLE AFTER A PERSON IS CONVICTED OF CERTAIN ALCOHOL RELATED OFFENSES, SO AS TO PROVIDE THAT A VEHICLE MUST BE IMMOBILIZED AFTER THE DEPARTMENT OF MOTOR VEHICLES RECEIVES A CONVICTION OF A PERSON FOR A VIOLATION OF CERTAIN ALCOHOL RELATED OFFENSES INSTEAD OF AFTER THE PERSON IS SENTENCED; TO DELETE THE PROVISION THAT REQUIRES THE COURT TO ASCERTAIN THE REGISTRATION NUMBER OR OTHER INFORMATION TO DETERMINE THE IDENTITY OF A VEHICLE TO BE IMMOBILIZED, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL IDENTIFY ALL VEHICLES WHOSE REGISTRATIONS MUST BE SUSPENDED PURSUANT TO THIS SECTION, TO DELETE THE PROVISION THAT CREATES THE CRIME OF FALSIFYING A REPORT CONCERNING VEHICLES OWNED BY OR REGISTERED TO A PERSON, TO DELETE THE PROVISION THAT REQUIRES THE COURT TO ASSESS A FEE OF FORTY DOLLARS FOR EACH VEHICLE OWNED BY OR REGISTERED TO A PERSON CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF CERTAIN ALCOHOL RELATED OFFENSES, AND TO PROVIDE THAT A FEE OF FIFTY DOLLARS MUST BE PAID TO THE DEPARTMENT OF MOTOR VEHICLES FOR EACH VEHICLE THAT WAS SUSPENDED PURSUANT TO THIS SECTION BEFORE A SUSPENDED REGISTRATION AND LICENSE PLATE MAY BE REINSTATED.
Read the first time and referred to the Committee on Transportation.
S. 1008 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-9-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBTAINING VERIFICATION THAT AN OPERATOR OF A MOTOR VEHICLE INVOLVED IN AN ACCIDENT THAT RESULTS IN PROPERTY DAMAGE MUST VERIFY THAT THE VEHICLE HAS LIABILITY INSURANCE COVERAGE, SO AS TO REVISE THE MINIMUM AMOUNT OF PROPERTY DAMAGE THAT MUST OCCUR BEFORE INSURANCE VERIFICATION MUST BE OBTAINED; TO AMEND SECTION 56-9-351, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF PERSONS INVOLVED IN CERTAIN MOTOR VEHICLE ACCIDENTS, SO AS TO REVISE THE MINIMUM AMOUNT OF PROPERTY DAMAGE THAT MUST OCCUR BEFORE THE PROVISIONS CONTAINED IN THIS SECTION BECOME APPLICABLE; AND TO AMEND SECTION 56-9-359, RELATING TO THE AMOUNT OF SECURITY THE DEPARTMENT OF MOTOR VEHICLES MAY ORDER A PERSON TO DEPOSIT, SO AS TO REVISE THE MINIMUM AMOUNT OF SECURITY THAT MAY BE REQUIRED BY THE DEPARTMENT.
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Read the first time and referred to the Committee on Transportation.
S. 1009 (Word version) -- Senator Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-19-265 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ACCEPT ELECTRONICALLY FILED LIEN INFORMATION FOR NEWLY ACQUIRED VEHICLES, VEHICLES ALREADY TITLED, AND LIEN RELEASES; TO PROVIDE A FEE FOR COMMERCIAL PARTIES WHO TRANSMIT OR RETRIEVE DATA FROM THE DEPARTMENT, AND TO PROVIDE FOR THE COLLECTION AND DISBURSEMENT OF THIS FEE.
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Read the first time and referred to the Committee on Transportation.
S. 1010 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
Read the first time and referred to the Committee on Transportation.
S. 1011 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-3-115, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES ISSUING PERMITS TO OWNERS OF GOLF CARTS THAT ALLOW THE GOLF CARTS TO BE OPERATED ON HIGHWAYS AND STREETS, SO AS TO PROVIDE THAT TO OBTAIN A PERMIT THE OWNER OF A GOLF CART SHALL PROVIDE THE DEPARTMENT PROOF OF ITS OWNERSHIP.
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Read the first time and referred to the Committee on Transportation.
S. 1012 (Word version) -- Senator Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2005, SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL ADMINISTER THE STATE'S COMMERCIAL DRIVER'S LICENSE PROGRAM; TO AMEND SECTION 56-1-10 AND SECTION 56-1-630, BOTH AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN PROVISIONS CONCERNING MOTOR VEHICLES, SO AS TO REVISE THE DEFINITION OF THE TERM "CONVICTION"; TO AMEND SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITION OF TERMS CONTAINED IN THE SOUTH CAROLINA COMMERCIAL DRIVER'S LICENSE ACT, SO AS TO REVISE THE DEFINITION OF THE TERM "SERIOUS TRAFFIC VIOLATION"; TO AMEND SECTION 56-1-2080, AS AMENDED, RELATING TO ISSUANCE OF A COMMERCIAL DRIVER'S LICENSE, SO AS TO REVISE THE CONTENTS OF THE AGREEMENT A THIRD PARTY MUST ENTER INTO WITH THE
Read the first time and referred to the Committee on Transportation.
S. 1013 (Word version) -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-4-110 AND 59-4-120 SO AS TO PROVIDE THAT THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM MAY NOT ACCEPT NEW PARTICIPANTS, THAT THE PROGRAM SHALL REMAIN IN OPERATION FOR EXISTING PARTICIPANTS, THAT THE STATE SHALL MEET THE OBLIGATIONS TO BENEFICIARIES IF THE TUITION PREPAYMENT PROGRAM FUND CANNOT, AND THAT THE GENERAL ASSEMBLY SHALL APPROPRIATE MONIES TO THE FUND TO PAY TUITION AND FEES TO THE INSTITUTION IF THERE IS NOT ENOUGH MONEY IN THE FUND.
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Read the first time and ordered placed on the Calendar without reference.
H. 4503 (Word version) -- Reps. J. R. Smith, D. C. Smith and Stewart: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES HOUSE OF REPRESENTATIVES TO ENACT H.RES. 103 WHICH ESTABLISHES A SELECT COMMITTEE ON POW AND MIA AFFAIRS IN THE UNITED STATES HOUSE OF REPRESENTATIVES.
The Concurrent Resolution was introduced and referred to the General Committee.
H. 4793 (Word version) -- Reps. Kennedy, Harvin and Snow: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 27 AND 28, 2004, BY THE STUDENTS OF A SCHOOL IN THE WILLIAMSBURG COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Read the first time and referred to the Committee on Education.
H. 4827 (Word version) -- Rep. Ceips: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE BURRIS FAMILY, OWNERS AND OPERATORS OF CYPRESS BAY PLANTATION IN HAMPTON COUNTY ON BEING AWARDED THE 2003 SOUTH CAROLINA ENVIRONMENTAL AWARENESS AWARD.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4829 (Word version) -- Rep. Lee: A CONCURRENT RESOLUTION TO HONOR AND MEMORIALIZE STEPHEN DAVIS, NFL RUNNING BACK FOR THE CAROLINA PANTHERS, FOR HIS ACHIEVEMENTS ON THE FOOTBALL FIELD AND IN THE COMMUNITY AND TO EXTEND TO HIM BEST WISHES IN ALL OF HIS FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator THOMAS from the Committee on Banking and Insurance submitted a favorable report on:
S. 891 (Word version) -- Senator Richardson: A BILL TO AMEND SECTION 38-73-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAKING OF RATES FOR CASUALTY INSURANCE, SO AS TO ADD TO THE CRITERIA THAT CONSIDERATION MUST BE GIVEN TO ASSESSMENTS, SUCH AS THE GUARANTY FUND, WIND AND HAIL JOINT UNDERWRITING ASSOCIATION, AND SIMILAR MECHANISMS WHEN MAKING THE RATES; AND TO AMEND SECTION 38-73-920, RELATING TO THE REQUIREMENT THAT THE INSURER MAY MAKE OR ISSUE A CONTRACT OR POLICY ONLY ON RATES WHICH ARE IN EFFECT, SO AS TO PROVIDE THAT PROPOSED RATES CHANGES WHERE THE SOLE FACTOR FOR THE CHANGE IS THE IMPACT OF A REVISED ASSESSMENT DOES NOT CONSTITUTE A RATE INCREASE FOR PURPOSES OF THIS SECTION.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC BANKERS ASSOCIATION-YOUNG BANKERS DIVISION to attend an oyster roast at the University House on Tuesday, March 2, 2004, from 6:00 until 8:00 P.M.
Courson Matthews Patterson McGill Alexander Peeler Kuhn Reese Knotts O'Dell Elliott
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC HOSPITAL ASSOCIATION to attend a low country stew at the Clarion Town House on Wednesday, March 3, 2004, from 6:00 until 8:00 P.M.
Courson Matthews Patterson McGill Alexander Peeler Kuhn Reese Knotts O'Dell Elliott
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the AMERICAN RED CROSS to attend a breakfast on the State House grounds on Thursday, March 4, 2004, from 8:00 until 9:00 A.M.
Courson Matthews Patterson McGill Alexander Peeler Kuhn Reese Knotts O'Dell Elliott
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC PETROLEUM MARKETERS to attend a reception at the Capital City Club on Tuesday, March 9, 2004, from 6:00 until 8:00 P.M.
Courson Matthews Patterson McGill Alexander Peeler Kuhn Reese Knotts O'Dell Elliott
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the AMERICAN CANCER SOCIETY to attend a breakfast at the Capital City Club on Wednesday, March 10, 2004, from 8:30 until 9:30 A.M.
Courson Matthews Patterson McGill Alexander Peeler Kuhn Reese Knotts O'Dell Elliott
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the ASSOCIATION OF PUBLIC LIBRARY ADMINISTRATORS to attend a luncheon at the Adam's Mark Hotel on Wednesday, March 10, 2004, from 12:00 until 2:00 P.M.
Courson Matthews Patterson McGill Alexander Peeler Kuhn Reese Knotts O'Dell Elliott
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC SUMMARY COURT JUDGES ASSOCIATION to attend a reception at Seawell's Restaurant on Wednesday, March 10, 2004, from 6:00 until 9:00 P.M.
Courson Matthews Patterson McGill Alexander Peeler Kuhn Reese Knotts O'Dell Elliott
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC GOVERNOR'S SCHOOL FOR THE ARTS, INC. FOUNDATION to attend a breakfast in Room 221 Blatt Bldg. on Thursday, March 11, 2004, from 8:00 until 9:30 A.M.
Courson Matthews Patterson McGill Alexander Peeler Kuhn Reese Knotts O'Dell Elliott
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the ELECTRIC COOPERATIVES OF SC, INC. to attend a midday reception at the Colonial Center on Tuesday, March 11, 2004, upon adjournment and lasting until 2:00 P.M.
Courson Matthews Patterson McGill Alexander Peeler Kuhn Reese Knotts O'Dell Elliott
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the HOME BUILDERS ASSOCIATION OF SC to attend a reception and bird supper at Seawell's Restaurant on Tuesday, March 16, 2004, from 6:30 until 8:30 P.M.
Courson Matthews Patterson McGill Alexander Peeler Kuhn Reese Knotts O'Dell Elliott
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC AVIATION ASSOCIATION to attend a biscuit breakfast at the Clarion Town House on Wednesday, March 17, 2004, from 8:00 until 10:00 A.M.
Courson Matthews Patterson McGill Alexander Peeler
Kuhn Reese Knotts O'Dell Elliott
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC SCHOOL BOARDS ASSOCIATION to attend a luncheon at the Adam's Mark Hotel on Wednesday, March 17, 2004, from 12:30 until 2:00 P.M.
Courson Matthews Patterson McGill Alexander Peeler Kuhn Reese Knotts O'Dell Elliott
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC ASSOCIATION OF COUNTIES to attend a reception at the Embassy Suites Hotel on Wednesday, March 17, 2004, from 6:00 until 7:30 P.M.
Courson Matthews Patterson
McGill Alexander Peeler Kuhn Reese Knotts O'Dell Elliott
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the FOUNDATION FOR THE SC COMMISSION FOR THE BLIND to attend a drop-in breakfast in Room 221 Blatt Bldg. on Tuesday, March 18, 2004, from 8:00 until 10:00 A.M.
Courson Matthews Patterson McGill Alexander Peeler Kuhn Reese Knotts O'Dell Elliott
Columbia, S.C., February 25, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3516 (Word version) -- Reps. Vaughn, Whipper, Hamilton, Bailey, Chellis, Frye, Gilham, Haskins, Howard, Koon, Littlejohn, Mahaffey, Sinclair, Snow, Stille, Taylor, Cotty and Edge: A BILL TO AMEND SECTION
Received as information.
Columbia, S.C., February 25, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3681 (Word version) -- Reps. E.H. Pitts, Clark, Duncan, Frye, Koon and Merrill: A BILL TO AMEND SECTION 20-7-1572, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO INCLUDE AS SUCH GROUND, THE CONVICTION OF A PARENT FOR THE MURDER OF THE CHILD'S OTHER PARENT.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., February 25, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4673 (Word version) -- Reps. Young, Chellis, Bailey and Harrell: A BILL TO AMEND SECTION 7-7-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN DORCHESTER COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS IN DORCHESTER COUNTY, REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND CORRECT CERTAIN REFERENCES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., February 4, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Sandifer, Richardson and Bales to the Committee of Conference on the part of the House on:
H. 3617 (Word version) -- Reps. Sandifer, Bailey, Frye, Cato, E.H. Pitts, Cotty, J.H. Neal, J. Brown, Anthony, Ceips, Duncan, Freeman, Mahaffey, McCraw, Ott, Phillips, M.A. Pitts, Stille, White and Whitmire: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 32-7-60 SO AS TO CREATE THE PRENEED FUNERAL LOSS REIMBURSEMENT FUND AND TO PROVIDE FOR THE PURPOSE AND USES OF MONIES IN THE FUND; TO AMEND SECTION 32-7-45, RELATING TO THE TRANSFER PROCEDURES FOR TRUST FUNDS HELD PURSUANT TO PRENEED BURIAL CONTRACTS, SO AS TO REVISE THESE PROCEDURES; AND TO AMEND SECTION 32-7-50, RELATING TO LICENSURE REQUIREMENTS TO OFFER AND ENTER INTO PRENEED BURIAL CONTRACTS, SO AS TO PROVIDE A PENALTY FOR ENTERING INTO SUCH CONTRACTS WITHOUT BEING LICENSED.
Received as information.
Columbia, S.C., February 25, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:
H. 3617 (Word version) -- Reps. Sandifer, Bailey, Frye, Cato, E.H. Pitts, Cotty, J.H. Neal, J. Brown, Anthony, Ceips, Duncan, Freeman, Mahaffey, McCraw, Ott, Phillips, M.A. Pitts, Stille, White and Whitmire: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 32-7-60 SO AS TO CREATE THE PRENEED FUNERAL LOSS REIMBURSEMENT FUND AND TO PROVIDE FOR THE PURPOSE AND USES OF MONIES IN THE FUND; TO AMEND SECTION 32-7-45, RELATING TO THE TRANSFER PROCEDURES FOR TRUST FUNDS HELD PURSUANT TO PRENEED BURIAL CONTRACTS, SO AS TO REVISE THESE PROCEDURES; AND TO AMEND SECTION 32-7-50, RELATING TO LICENSURE REQUIREMENTS TO OFFER AND ENTER INTO PRENEED BURIAL CONTRACTS, SO AS TO PROVIDE A PENALTY FOR ENTERING INTO SUCH CONTRACTS WITHOUT BEING LICENSED.
Very respectfully,
Speaker of the House
Received as information.
H. 3617 (Word version) -- Reps. Sandifer, Bailey, Frye, Cato, E.H. Pitts, Cotty, J.H. Neal, J. Brown, Anthony, Ceips, Duncan, Freeman, Mahaffey, McCraw, Ott, Phillips, M.A. Pitts, Stille, White and Whitmire: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 32-7-60 SO AS TO CREATE THE PRENEED FUNERAL LOSS REIMBURSEMENT FUND AND TO PROVIDE FOR THE PURPOSE AND USES OF MONIES IN THE FUND; TO AMEND SECTION 32-7-45, RELATING TO THE TRANSFER PROCEDURES FOR TRUST FUNDS HELD PURSUANT TO PRENEED BURIAL CONTRACTS, SO AS TO
On motion of Senator ALEXANDER, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator ALEXANDER spoke on the report.
On motion of Senator ALEXANDER, the Report of the Committee of Conference to H. 3617 was adopted as follows:
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3617 (Word version) -- Reps. Sandifer, Bailey, Frye, Cato, E.H. Pitts, Cotty, J.H. Neal, J. Brown, Anthony, Ceips, Duncan, Freeman, Mahaffey, McCraw, Ott, Phillips, M.A. Pitts, Stille, White and Whitmire: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 32-7-60 SO AS TO CREATE THE PRENEED FUNERAL LOSS REIMBURSEMENT FUND AND TO PROVIDE FOR THE PURPOSE AND USES OF MONIES IN THE FUND; TO AMEND SECTION 32-7-45, RELATING TO THE TRANSFER PROCEDURES FOR TRUST FUNDS HELD PURSUANT TO PRENEED BURIAL CONTRACTS, SO AS TO REVISE THESE PROCEDURES; AND TO AMEND SECTION 32-7-50, RELATING TO LICENSURE REQUIREMENTS TO OFFER AND ENTER INTO PRENEED BURIAL CONTRACTS, SO AS TO PROVIDE A PENALTY FOR ENTERING INTO SUCH CONTRACTS WITHOUT BEING LICENSED.
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 [SEC 1/15/04 10:28 AM]--S.)
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Chapter 7, Title 32 of the 1976 Code is amended by adding:
"Section 32-7-60. (A) There is established the Preneed Funeral Loss Reimbursement Fund which must be administered by the board. The purpose of the fund is to reimburse the estates, or in the absence of an estate filing, the purchaser or applicant with payment jointly to the funeral home providing services or merchandise or both, of beneficiaries of preneed funeral contracts who have suffered financial loss as a result of the misfeasance, fraud, default, failure, or insolvency of a South Carolina funeral home or South Carolina funeral director.
(B) From the service charge for each preneed contract as required by Section 32-7-50 (C), the board shall deposit into the fund that portion of the charge as established by the board. The board may suspend or resume deposits into the fund at any time and for any period to ensure that a sufficient amount is available to meet likely disbursements and to maintain an adequate reserve. The maximum amount of the service charge to be allocated to the Preneed Funeral Loss Reimbursement Fund as required by Section 32-7-50(C)(2) must not exceed the amount of five dollars per each preneed contract. The maximum amount of the fund is to be five hundred thousand dollars with a five percent adjustment compounded annually.
(C) All sums received by the board pursuant to this section must be held in a separate account maintained by the Office of State Treasurer to be used solely as provided in this section. All interest or other income earned on the fund must be retained by the fund.
(D) Reimbursements from the fund must not exceed the total payment made for preneed funeral services or merchandise or both. No interest or future graduated insurance benefits may be reimbursed. Upon the death of the beneficiary and the applicant's compliance with all applicable rules of the board, reimbursement from the fund may be made to the estate of the beneficiary, the purchaser, or applicant with payment jointly to the funeral home providing services or merchandise or both only to the extent to which losses are not bonded or otherwise covered. If the board makes payments from the fund under this section, the board is subrogated in the reimbursed amount and may bring an action against a person, including a preneed licensee. The board may enforce claims it may have for restitution or otherwise and may employ and compensate from the fund consultants, legal counsel, accountants, and other persons it considers appropriate to assure compliance with this statute.
(E) The board shall investigate all applications made and may reject or allow claims in whole or in part. Payment must be made to the extent that monies become available in the fund. Reimbursements for completed claims must be processed in the order in which they are received subject to availability of monies in the fund. The board has complete discretion to determine the order and manner of payment of approved applications. All payments are a matter of privilege and not a right, and no person has a right in the fund as a third party beneficiary or otherwise.
(F) The board shall furnish a form of application for reimbursement which shall require the following minimum information:
(1) the name and address of the applicant;
(2) the name and address of the funeral service or funeral director, or both, who caused the loss;
(3) the amount of the alleged loss for which application for reimbursement is made;
(4) a copy of a preneed funeral contract or written agreement which was the basis of the alleged loss;
(5) a copy of payment receipts or cancelled checks, or both;
(6) a copy of the death certificate;
(7) a general statement of facts relative to the application;
(8) supporting documents, including copies of court proceedings and other papers indicating the efforts of the applicant to obtain reimbursement from the provider, insurance companies, or others;
(9) documentation of any receipt of funds in partial payment of the loss;
(10) name and address of the funeral home that provided services or merchandise or both.
(G) This fund and all interest earned may be used only as prescribed in this section and may not be used for any other purposes. The board may expend monies from the fund to:
(1) make reimbursements on approved applications;
(2) purchase insurance to cover losses and board liability as considered appropriate by the board and not inconsistent with the purpose of the fund;
(3) invest portions of the fund as are not currently needed to reimburse losses and maintain adequate reserves, as are permitted to be made by fiduciaries under state law;
(4) pay the expenses, other than normal operating expenses, of the board for administering the fund, including employment of legal
(H) No person may make, publish, disseminate, circulate, or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in a newspaper, magazine, or other publication, or in the form of a notice, circular, pamphlet, letter, poster or over any radio station or television station, or in any other way, any advertisement, announcement, or statement which uses the existence of the fund for the purpose of sales, solicitation, or inducement to purchase any form of preneed contract covered under this chapter.
(I) The board may establish procedures and promulgate regulations it determines necessary to implement the purposes of the section."
SECTION 2. Section 32-7-45 of the 1976 Code is amended to read:
"Section 32-7-45. (A) If the a provider goes out of business or the provider's license issued by the Funeral Services Board is cancelled or the license to sell preneed funeral contracts is cancelled and application for a replacement license has not been filed, it the provider shall negotiate with the purchaser to transfer the trust fund to a provider of the purchaser's choice within thirty days submit to the board a complete listing of names and addresses of all active contracts in its possession. The provider shall also notify all contract purchasers in writing that their contracts are to be transferred to another licensed provider of the purchaser's choice. The former licensee shall then transfer the contracts and notify the board of the providers selected within sixty days of the cancellation of the preneed license. All contracts funded by burial insurance or trust funds together with interest are to be transferred. The selling provider forfeits its right to any monies it otherwise would be entitled to. If the provider fails to provide for the transfer of contracts within sixty days, the purchasers may directly request the financial institution to transfer the account balance to another provider selected by the purchaser with payment jointly to the provider and its financial institution. The purchaser may also request that an insurance company assign another provider as beneficiary for the insurance policy.
(B) The board has jurisdiction over the provider and the burial insurance policy or trust funds together with interest of all active contracts and has the authority to accomplish the necessary transfer of preneed funeral contracts in all cases in which the purchaser has failed to effectuate the transfer to a licensed provider within six months of the date the provider's license issued by the Funeral Services Board is
SECTION 3. Section 32-7-50 of the 1976 Code is amended to read:
"Section 32-7-50. (A) No person may, without Without first securing a license from the board a license, a person may not accept or hold payments made on a preneed funeral contract, except financial institutions.
(1) The State Board of Funeral Service must revoke the license of a funeral home or funeral director, or both, if the funeral home or funeral director: (a) accepts funds for a preneed funeral contract or other prepayment of funeral expenses without a license to sell preneed funeral contracts, or (b) is licensed to sell preneed funeral contracts and fails to deposit the funds collected in trust in a federally insured account as required by Section 32-7-20(H).
(2) Application for a license must be in writing, signed by the applicant and duly verified on forms furnished by the board. Each application must contain at least the following: the full name and address, (both residence and place of business), of the applicant, and every member, officer, and director of it if the applicant is a firm, partnership, association, or corporation. Any A license issued pursuant to the application must be is valid only at the address stated in the application for the applicant or at a new address approved by the board.
(3) If a licensee cancels the license and later applies for a new license, the board must investigate the applicant's books, records, and accounts to determine if the applicant violated the provisions of this chapter during the time he did not have a license.
(B) Upon receipt of the application, a one-time payment of a license fee, and the deposit in an amount to be determined by the board of such the security or proof of financial responsibility as the board may determine, the board shall issue a license unless it determines that the applicant has made false statements or representations in the application, or is insolvent, or has conducted his business in a fraudulent manner, or is not duly authorized to transact business in this State, or if, in the judgment of the board, the applicant should be denied a license for some other good and sufficient reason.
(C) A person selling a preneed funeral contract shall collect from each purchaser a service charge in an amount to be established by the board, and all fees collected must be remitted by the person collecting them to the board at least once each month, and these funds must be used by the board in administering the provisions of this chapter.
(1) With the fees collected, the person also must provide the board with a listing of each contract sold. If the listing or fees collected are not sent to the board within sixty days of the last day of the month when the contract was sold, the board must assess a civil penalty of ten dollars for each contract not reported to the board. The monies collected as civil penalties must be deposited in the Preneed Funeral Loss Reimbursement Fund. Upon its own initiative or upon complaint or information received, the board must investigate a person's books, records, and accounts if the board has reason to believe that fees are being collected and either not remitted or not timely remitted.
(2) The service charge for each contract must not exceed a total of thirty dollars, twenty-five dollars for the board to use in administering the provisions of this chapter and five dollars to be allocated to the Preneed Funeral Loss Reimbursement Fund.
(3) The board must keep a record of each preneed funeral contract for which it receives a service charge."
SECTION 4. Section 32-7-70 of the 1976 Code is amended to read:
"Section 32-7-70. (A) The provider shall must keep accurate accounts, books, and records in this State of all transactions, copies of all agreements, dates, and amounts of payments made and accepted on them, the names and addresses of the contracting parties, the persons for whose benefit funds are accepted, and the names of the depositories of the funds. The provider shall must make all books and records pertaining to the trust funds available to the board for examination.
(B) The board may at any reasonable time and must at least once every two years investigate the books, records, and accounts of the each provider with respect to its trust funds and for that purpose may require the attendance of and examine under oath all persons whose testimony it may require. The board must investigate a provider's books, records, and accounts if the board has reason to believe or has received a complaint alleging that the provider has violated the provisions of this chapter."
SECTION 5. Section 32-7-110 of the 1976 Code is amended to read:
"Section 32-7-110. (A) The board shall enforce the provisions of this chapter and has the power to make investigations, subpoena witnesses and documents, require audits and reports, and conduct hearings as to violations of any provisions, and to promulgate such regulations as are necessary to carry out the provisions of this chapter.
(B) Upon its own initiative or upon receipt of a complaint, the board must investigate any funeral home, funeral director, individual, or
SECTION 6. Section 40-19-110(3) of the 1976 Code is amended to read:
"(3) soliciting dead human bodies or soliciting the sale of funeral merchandise by a licensee or an agent, assistant, or employee of a licensee or of any establishment licensed or permitted under this chapter, whether the solicitation occurs after death or while death is impending, but not including general advertising;"
SECTION 7. Section 40-19-290 of the 1976 Code, as last amended by Act 322 of 2002, is further amended to read:
"Section 40-19-290. (A) The personnel of a funeral establishment or crematory shall make every reasonable attempt to fulfill the desires of the deceased and persons making arrangements both as to services and merchandise, and a full disclosure of all its available services and merchandise must be made before selection of the casket. Before the arrangements are completed, the licensee of the funeral service firm shall disclose fully what is included in the funeral and identify other related expenses such as cemeteries and florists.
(B) Statements of legal requirements or statements relative to the conditions under which embalming is required or advisable must be complete and factual. Representations as to legal requirements for embalming, the use of a casket or other receptacle, and the necessity, if any, of an interment receptacle in connection with a funeral must be truthful, and all legal or cemetery interment requirements must be disclosed.
(C) A funeral service establishment, crematory, or retail sales outlet shall have a card or brochure with each piece of funeral merchandise stating the price of the merchandise.
(D) The funeral establishment or crematory shall provide to the persons making the arrangements, at the time the arrangements are
(1) the price of the service that the persons have selected and what is included in the service;
(2) the price of each of the supplemental items of service and merchandise requested;
(3) the amount involved for each of the items for which the funeral service firm shall advance monies as an accommodation to the family; and
(4) the method of payment.
(E) All payments received by any establishment licensed under this chapter for funeral merchandise being purchased must be placed in a trust account in a federally insured institution until the merchandise is delivered for use as provided in the contract in accordance with the sales agreement. Upon its own initiative or upon receipt of a complaint, the State Board of Financial Institutions must undertake investigations; review the books, records, and accounts of any establishment licensed under this chapter; subpoena witnesses; require audits and reports; and conduct hearings to determine if payments are being received in violation of the provisions of Chapter 7 of Title 32."
SECTION 8. On July 1, 2006, the powers and duties of the State Board of Financial Institutions relating to preneed contracts and installment plans pursuant to Chapter 7 of Title 32 and Section 40-19-290 are hereby transferred to the Department of Consumer Affairs unless the General Assembly prior to that date provides otherwise.
SECTION 9. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/Thomas C. Alexander /s/William E. "Bill" Sandifer III /s/Clementa C. Pinckney /s/Becky D. Richardson /s/Ronnie W. Cromer /s/Jimmy C Bales On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
S. 993 (Word version) -- Senator Anderson: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR MR. JAMES H. DONALD OF GREENVILLE, SOUTH CAROLINA, FOR HIS MUSICAL
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Joint Resolution was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 4687 (Word version) -- Rep. Cooper: A JOINT RESOLUTION TO ALLOW AN ENTITY THAT BEGAN PARTICIPATION IN THE STATE HEALTH INSURANCE PLAN BEFORE APRIL 1, 2004, TO DISCONTINUE PARTICIPATION IN THE PLAN REGARDLESS OF THE FOUR-YEAR MINIMUM PARTICIPATION REQUIREMENT IF THE ENTITY IS ADVERSELY AFFECTED BY THE IMPLEMENTATION OF EXPERIENCE RATING IN JULY 1, 2004, AND TO PROVIDE THE REQUIREMENTS FOR DISCONTINUING SUCH PARTICIPATION.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 979 (Word version) -- Senators Ravenel, Kuhn, McConnell, Branton, Mescher and Grooms: A BILL TO AMEND ACT 722 OF 1976, AS AMENDED, RELATING TO THE WASHINGTON LIGHT INFANTRY AND SUMTER GUARDS BOARD OF OFFICERS, SO AS TO REVISE THE MANNER IN WHICH THE BOARD IS APPOINTED AND TO DESIGNATE ONE MEMBER TO SERVE AS SECRETARY/TREASURER OF THE BOARD.
The following Bills, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:
S. 496 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 47-5-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES INOCULATIONS, CERTIFICATES, TAGS, AND FEES, SO AS TO INCREASE THE FEE FROM THREE DOLLARS TO FIVE DOLLARS FOR A RABIES INOCULATION AT A RABIES CLINIC PROMOTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND LICENSED VETERINARIANS.
S. 847 (Word version) -- Senators Waldrep and Kuhn: A BILL TO AMEND SECTION 46-17-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF MEMBERS OF THE AGRICULTURAL COMMODITY BOARDS, SO AS TO REVISE THESE QUALIFICATIONS.
The following Bill, having been read the second time, was ordered placed on the third reading Calendar:
H. 4713 (Word version) -- Reps. G.M. Smith, Weeks and Coates: A BILL TO AMEND ACT 797 OF 1988, RELATING TO THE VOCATIONAL EDUCATION SCHOOL FOR SUMTER COUNTY, SO AS TO ADD A VOTING MEMBER TO THE CAREER CENTER BOARD OF TRUSTEES.
On motion of Senator LEVENTIS, H. 4713 was ordered to receive a third reading on Thursday, February 26, 2004.
S. 893 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-165 SO AS TO PROVIDE THAT THE THIRD FRIDAY IN SEPTEMBER OF EACH YEAR IS DECLARED TO BE "POW/MIA RECOGNITION DAY" IN SOUTH CAROLINA, TO PROVIDE THAT THE GOVERNOR SHALL ISSUE A PROCLAMATION EACH YEAR CALLING UPON THE PEOPLE OF SOUTH CAROLINA TO OBSERVE "POW/MIA DAY" WITH APPROPRIATE CEREMONIES AND ACTIVITIES, AND TO PROVIDE THAT THE FLAGS ATOP STATE AND LOCAL PUBLIC BUILDINGS, INCLUDING THE STATE CAPITOL
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the General Committee.
Senator MARTIN proposed the following amendment (893R002.LAM), which was adopted:
Amend the committee amendment, by striking Section 53-3-165(B) and (C) and inserting:
/ (B) Flags atop state and local public buildings, except for the State Capitol Building and the State House grounds, shall be flown at half-staff at least until noon on 'POW/MIA Recognition Day'.
(C) The POW/MIA flag shall be flown or displayed on 'POW/MIA Recognition Day' in South Carolina on the grounds or in public lobbies if the flags are provided, except for the State Capitol Building and the State House grounds. /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
The amendment was adopted.
The General Committee proposed the following amendment (S893AMEND), which was adopted:
Amend the bill, as and if amended, Page 2, beginning on Line 6, by striking SECTION 2 and inserting therein the following:
/ SECTION 2. Chapter 3, Title 53 of the 1976 Code is amended by adding:
"Section 53-3-165. (A) The third Friday in September of each year is declared to be 'POW/MIA Recognition Day' in South Carolina. The Governor shall issue a proclamation each year calling upon the people of South Carolina to observe 'POW/MIA Recognition Day' with appropriate ceremonies and activities.
(B) Flags atop state and local public buildings, including the State Capitol Building, shall be flown at half-staff at least until noon on 'POW/MIA Recognition Day'.
(C) The POW/MIA flag shall be flown or displayed on 'POW/MIA Recognition Day' in South Carolina on the grounds or in public lobbies if the flags are provided.
(D) Definition - As used in this section, the term 'POW/MIA flag' means the National League of Families POW/MIA flag recognized officially and designated by Section 2 of Public Law 101-355." /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 4780 (Word version) -- Rep. Harrison: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MARCH 3, 2004, IMMEDIATELY FOLLOWING THE ELECTION OF MEMBERS OF THE PUBLIC SERVICE COMMISSION, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES TO ELECT A MEMBER OF THE LEGISLATIVE AUDIT COUNCIL TO SUCCEED THE HONORABLE DILL BLACKWELL WHOSE TERM HAS EXPIRED.
The Concurrent Resolution was adopted, ordered returned to the House.
On motion of Senator MARTIN, with unanimous consent, the Senate took up S. 531 for immediate consideration.
S. 531 (Word version) -- Judiciary Committee: A BILL TO AMEND SECTION 12-33-245, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIBOTTLE TAX, AND TO AMEND VARIOUS SECTIONS OF TITLE 61, CHAPTER 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator LEVENTIS spoke on the Bill.
With Senator LEVENTIS retaining the floor, Senator ELLIOTT was recognized to speak on the Bill.
Senator LEVENTIS resumed speaking on the Bill.
Senator LEVENTIS proposed the following Amendment No. 2 (DKA\3798HTC04), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/ SECTION 2. Section 12-33-245(A) of the 1976 Code is amended to read:
"(A)(1) In lieu of taxes imposed under Sections 12-33-230 and 12-33-240, alcoholic liquors sold in minibottles must be taxed at the rate of twenty-five cents for each container in addition to the case tax as prescribed in Article 5 of this chapter and collected as those taxes are collected. Taxes levied in Article 3 of this chapter do not apply.
(2) In lieu of all other taxes imposed pursuant to this chapter, there is imposed an excise tax equal to seven dollars and thirty-five cents for each one-liter bottle of alcoholic liquor sold for on-premises liquor by the drink consumption in establishments licensed for sales pursuant to Article 5, Chapter 6 of Title 61.
(3) The total of each tax imposed on minibottles, except on the surtax imposed pursuant to Section 12-33-425, and the per bottle tax imposed pursuant to item (2) of this subsection must be adjusted in the manner and on the schedule that the adjustments for inflation are made pursuant to Section 1(f) of the Internal Revenue Code of 1986, as defined in Section 12-6-40. The rounding amount in this adjustment must be determined by the department in an amount designed to maintain substantial equality between these two impositions." /
Amend further by striking SECTIONS 7, 8, 10, 12, 14, 16, 17, and 18 and inserting:
/ SECTION 7. Section 61-6-1600(A) of the 1976 Code, as last amended by Act 70 of 2003, is further amended to read:
"(A) A nonprofit organization which is licensed by the department pursuant to the provisions of this article may sell alcoholic liquors in minibottles and by the drink. 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."
SECTION 8. Section 61-6-1610 of the 1976 Code, as last amended by Act 40 of 2003, is amended to read:
"Section 61-6-1610. (A) Except on Sunday, it is lawful to sell and consume alcoholic liquors sold in minibottles and by the drink in a business establishment between the hours of ten o'clock in the morning and two o'clock the following morning if the establishment meets the following requirements:
(1) the business is bona fide engaged primarily and substantially in the preparation and serving of meals or furnishing of lodging; and
(2) the business has a license from the department authorizing the sale and consumption of alcoholic liquors, which is conspicuously displayed on the main entrance to the premises and clearly visible from the outside.
(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 and by the drink 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 even though food may be served in the area.
(C) An establishment licensed under this article may use alcoholic liquors in the preparation of food without obtaining the license provided for in Section 61-6-700 if only liquors in minibottles and one-liter bottles are used in the food preparation.
(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
SECTION 10. Section 61-6-1630 of the 1976 Code is amended to read:
"Section 61-6-1630. (A) Alcoholic liquors in minibottles and alcoholic liquors sold in one-liter bottles as authorized to be sold under this article must be purchased only by a person licensed under this article, in case lots, and only from licensed retail dealers only. As used in this section, 'a person licensed under this article' includes his designated agent as a purchaser.
(B) No person licensed under the provisions of this article may be licensed as a retail dealer on the same premises."
SECTION 12. The 1976 Code is amended by adding:
"Section 61-6-1650. (A) No licensee or his agent shall knowingly and wilfully refill, partially refill, or reuse any bottle of lawfully purchased alcoholic liquors, or otherwise tamper with the contents of any such bottle.
(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction:
(1) for a first offense, must be fined five hundred dollars or imprisoned for not more than thirty days, or both;
(2) for a second or subsequent offense, must be fined one thousand dollars or imprisoned not more than six months, or both.
(C) In addition to the penalties set forth in subsection (B), a violation of this section may subject the licensee or permit holder to revocation or suspension of the license or permit by the department.
(D) The possession of a refilled or reused bottle, or other container of alcoholic liquors, or possession of any container other than a one-liter bottle or minibottle is prima facie evidence of a violation of this section."
SECTION 14. Section 61-6-2000 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-6-2000. In addition to the minibottle licenses authorized under pursuant to subarticle 1 of this article, the department also may also issue a temporary license for a period not to exceed twenty-four hours to nonprofit organizations which authorizes these organizations to purchase and sell at a single social occasion alcoholic liquors in minibottles and by the drink. Notwithstanding any other provision of this article, the issuance of this permit authorizes the organization to purchase alcoholic liquors in minibottles and one-liter bottles from licensed retail dealers in the same manner that persons
SECTION 16. Section 61-6-2010(A) and (C) of the 1976 Code, as last amended by Act 40 of 2003, is further amended to read:
"(A) In addition to the provisions of Section 61-6-2000, the department may issue a temporary permit to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less and liquor by the drink. This permit is valid for a period not to exceed twenty-four hours and may be issued only to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales. The department shall charge a nonrefundable filing fee of one hundred dollars for processing each application and a daily permit fee of fifty dollars for each day for which a permit is approved. An application must be filed for each permit requested. The department must also offer the option of an annual fifty-two week temporary permit for a nonrefundable fee of three thousand dollars per year. However, the optional fifty-two week permit must not extend beyond the expiration date of the biennial license issued pursuant to this chapter. If the expiration date is less than fifty-two weeks from the date of the application for the optional fifty-two week permit, the department must prorate the three-thousand-dollar fee on a monthly basis. The department in its sole discretion shall specify the terms and conditions of the permit."
"(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
'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 and by the drink 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 and by the drink 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?'
(2) A referendum for this purpose may not be held more often than once in forty-eight months.
(3) The expenses of any such referendum must be paid by the county or municipality conducting the referendum."
SECTION 17. Section 61-6-2200 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-6-2200. No A person may shall not serve or deliver to a purchaser alcoholic liquors in minibottles or by the drink in a business where these sales are authorized unless the person is eighteen years of age or older; however, nothing contained in this section may shall be construed as allowing bartenders under the age of twenty-one."
SECTION 18. Section 61-6-2400 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-6-2400. Alcoholic liquors sold in minibottles and by the drink must be taxed pursuant to Chapter 33, Title 12."
Amend further by adding a penultimate section with an appropriate number to read:
/ SECTION ____. Section 61-6-1500 of the 1976 Code, as last amended by Act 40 or 2003, is further amended to read:
"Section 61-6-1500. (A) No retail dealer may:
(1) sell, offer for sale, barter, exchange, give, transfer, or deliver or permit to be sold, bartered, exchanged, given, transferred, or delivered alcoholic liquors in less quantities than two hundred milliliters;
(2) own or keep in his possession alcoholic liquors in separate containers containing less than two hundred milliliters ;
(3) notwithstanding items (1) and (2), A retail dealer may sell, offer for sale, barter, exchange, give, transfer, deliver, permit to be sold, own, or keep in his possession alcoholic liquors in separate containers containing one hundred milliliters provided that such containers are packaged together into a single unit of not less than four one hundred milliliter containers;
(4)(B) No retailer may:
(1) sell, barter, exchange, give, transfer, or deliver, offer for sale, barter, or exchange or permit the sale, barter, exchange, gift, transfer, or delivery of alcoholic liquors:
(a) between the hours of 7:00 p.m. and 9:00 a.m.;
(b) for consumption on the premises;
(c) to a person under twenty-one years of age;
(d) to an intoxicated person; or
(e) to a mentally incompetent person;
(5)(2) permit the drinking of alcoholic liquors in his store or place of business;
(6)(3) sell alcoholic liquors on credit; however, this item does not prohibit payment by electronic transfer of funds if:
(a) the transfer of funds is initiated by an irrevocable payment order on or before delivery of the alcoholic liquors; and
(b) the electronic transfer is initiated by the retailer no later than one business day after delivery; or
(7)(4) redeem proof-of-purchase certificates for any promotional item.
However, during restricted hours retail dealers are permitted to receive, stock, and inventory merchandise, provide for maintenance and repairs, and other necessary, related functions that do not involve the sale of alcoholic liquors.
(B)(1) The provisions of subsection (A) relating to quantities of less than two hundred milliliters do not apply to:
(a) minibottles when authorized by law to be sold to persons licensed to sell minibottles for on-premises consumption; or
(b) minibottles sold for consumption on commercial aircraft engaged in interstate commerce.
(2)(C)(1) It is unlawful for a person licensed to sell alcoholic liquors under the provisions of this section to refill a minibottle or one-liter bottle. A person who violates this provision must, upon conviction, have his license revoked permanently.
(3)(2) A retail dealer must keep a record of all sales to a person licensed to sell alcoholic liquors for on-premises consumption of alcoholic liquors sold in minibottles and one-liter bottles. The record must include the name of the purchaser and the date and quantity of the sale.
(4)(3) It is unlawful to sell minibottles or one-liter bottles except during lawful hours of operation.
(5) A retail dealer who sells alcoholic liquors in minibottles to a person not licensed under Article 5 of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars and his retail dealer's license may be suspended or revoked in the discretion of the department. As used in this subsection, "a person licensed under Article 5 of this chapter" includes a person's designated agent as a purchaser." /
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS explained the amendment.
At 3:14 P.M., on motion of Senator LEVENTIS, the Senate receded from business not to exceed five minutes.
At 3:16 P.M., the Senate resumed.
Senator LEVENTIS continued explaining the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
On motion of Senator MARTIN, with unanimous consent, the Senate took up S. 532 for immediate consideration.
S. 532 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO REGULATE THEIR SALE IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.
The Senate proceeded to a consideration of the Joint Resolution, the question being the third reading of the Joint Resolution.
Senator McCONNELL moved that the text of the Joint Resolution be printed upon the pages of the Journal and the Joint Resolution be ordered to receive a third reading.
There was no objection.
A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO REGULATE THEIR SALE IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 1, Article VIII-A of the Constitution of this State be amended to read:
"Section 1. In the exercise of the police power the General Assembly shall have has the right to prohibit and to regulate the manufacture, and sale, and retail of alcoholic liquors or beverages within the State. The General Assembly may license persons or corporations to manufacture, and sell, and retail alcoholic liquors or beverages within the State under such the rules and restrictions as it deems considers proper;, including the right to sell alcoholic liquors or beverages in containers of such size as the General Assembly considers appropriate. or the The General Assembly may prohibit the manufacture, and sale, and retail of alcoholic liquors and beverages within the State, and may authorize and empower state, county, and
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 1, Article VIII-A of the Constitution of this State, relating to the powers of the General Assembly pertaining to alcoholic liquors and beverages, be amended so as to authorize the General Assembly to determine the size of containers in which alcoholic liquors or beverages are sold and to delete the provision requiring the sale of alcoholic liquors for consumption on the premises only in sealed containers of two ounces or less?
No []
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
The question then was the third reading of the Joint Resolution.
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 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 Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
There being no further amendments, the Joint Resolution was read the third time, passed and ordered sent to the House of Representatives.
On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Goodwin Grove Thomas of Rock Hill, S.C.
At 3:30 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.
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