Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by Senator ALEXANDER.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator KUHN introduced Dr. William Simpson of Charleston, S.C., Doctor of the Day.
Senator KNOTTS rose for an Expression of Personal Interest.
Senator LEVENTIS rose for an Expression of Personal Interest.
Senator RICHARDSON rose for an Expression of Personal Interest.
Senator KUHN rose for an Expression of Personal Interest.
We have been on this Student Conduct Grade Bill for the past year and a quarter. All this Bill does is put a conduct grade on the report card for every child in South Carolina. That is all it does. It doesn't get the conduct grade computed in the GPA of the child. It does not go on the child's transcript.
I think as a Senate, we have to start taking a serious look at what we're trying to do in the State of South Carolina. I think that this Bill, S.530, makes us question the process we have in here. For a year and a quarter, this Bill has been on the calendar -- for a year it has been on third reading. This Bill has had more people sit on it and block it than I can count on one hand, and that is no exaggeration. And we come to the day, which is the last day before we can move a Bill to the House without it taking two-thirds vote, and on the last day, we have five Senators who come on this Bill to block it in succession -- five Senators in succession.
I go and see the first one who's on it; he comes off. A second one comes on it. I go and see him; he comes off. A third one comes on it. I go and see her; she comes off. A fourth one comes on it. I go and see him; we hash out an improvement to the Bill at the last minute -- an amendment -- then another Senator comes on it. I go and see him; he comes off. Then, right before we're about to get to the end of the calendar, we come to the realization that there's the School Administrator's Association who doesn't want the Bill. They've known for a year that I've been working diligently to move my Bill through. Senator GIESE is the lead sponsor and I'm the co-sponsor. They have known that for a year -- I've been working diligently, and Senator GIESE has been working diligently, to get this Bill through.
But, instead of talking to us, the School Administrators' Association lurks in the background without our ever knowing that they're trying to block the Bill. Without our knowing that the school administrators have any problem with the Bill. In fact, they sort of insinuate that the Department of Education has a problem with the Bill -- which, indeed, is playing politics. Because as we find out at the very end of this day, the Department of Education has never had a problem with the Bill, but lurking in the background is the School Administrators' Association.
What makes me sad about this tale is that what it really comes down to is that this is the Governor's Conduct Grade Bill. And actually, the arguments are not whether it's good for the children of South Carolina; the arguments are, "Well, we don't want to give the Governor any credit for education." Is that how we're supposed to be conducting ourselves in this Chamber? Are we to the point where every single Bill is about politics? Are we to the point where we don't care at all about the children of this State? Are we to the point where we can't take into consideration what's really good for our kids? Are we to the point where the only thing we care about is who our next governor is and what party he or she comes from? I ask because I am innocently working, working, working in the trenches to move this Bill without ever having an understanding or a realization that the School Administrators' Association is trying to block the Bill. How honest is that process... that some special interest group can lurk in the background and block these Bills by getting name after name after name to block the Bills?
I ask you, can we please start taking into consideration what's best for the citizens of the State of South Carolina? I ask you, how are we conducting business in here? I ask you, can we please start taking into consideration what's best for the citizens of the State of South Carolina? Can we please put the politics aside? Can we please put the politics aside for just a little while and work on what's best for the students... work on what's best for our constituents... work on what's best for the people of this State? I ask you, I plead, I beg of you. I've been elected by 86,000 people to come up here and help -- not to play politics.
Thank you.
On motion of Senator RAVENEL, with unanimous consent, Senator KUHN's remarks were ordered printed in the Journal.
Senator FORD rose for an Expression of Personal Interest.
Mr. PRESIDENT, I was asked by a gentleman from the school administration to put my name on a Bill about a half an hour ago, and after I read the Bill, I talked to Senator JACKSON. Then Senator HUTTO tried to bring the Bill back up and asked for a five minute recess. During the five-minute recess I talked to Senator KUHN, Senator GIESE and some others along with the school administration. During that period I also got some phone calls... from the SC Education Association, the school administration had already said that they did not want it. I got a call from the Palmetto Teacher's Association and the SC School Board Association. Now, unless I am making a mistake, the School Board Association represents school districts in every community in this State. Even though I represent 86,000 people like the Senator said, the School Board Association represents every child, every parent and every taxpayer in the State of South Carolina, and they said they simply do not want the Bill.
Now, they do not want the Bill because of any Governor or any press conference. They simply said it is bad policy and they don't want to have anything to do with it. Now, as a Senator, if I get a call from BIPEC, or if I get a call from the Chamber of Commerce, or from the Medical Association, or from the Trucker's Association, or some other business interest and if I were a Republican, I'm going to respect that call. If BIPEC called me and said Senator, I want you to put your name on this Bill because the business community does not want it. As a Senator, I'm going to put my name on it, if I am a Republican Senator. Why? Because BIPEC speaks for me if I am a Republican.
It just so happens that I am a common laboring Senator who represents the interest of poor people and special interest people and in that case these special interests -- the SC Education Association Palmetto, the School Administration and the School Boards Association. Even though Senator KUHN from Charleston did a good job working this Bill for the past year and a half -- and he has to be commended -- it is still a bad Bill. And, they simply don't want it.
And under our Rules, just like the business community has influence in this body, the educators also have influence in this body.
Thank you, Mr. PRESIDENT.
On motion of Senator ANDERSON, with unanimous consent, Senator FORD's remarks were ordered printed in the Journal.
Senator LEVENTIS rose for an Expression of Personal Interest.
Senator JACKSON rose for an Expression of Personal Interest.
S. 841 (Word version) -- Senators McConnell, Moore, Martin, Drummond, Ritchie, Ford, Courson, Richardson, Malloy, Kuhn, Ryberg, Leatherman, Thomas, Rankin, Fair, Land, Giese, Gregory, Peeler, Setzler, J. Verne Smith, Cromer and Alexander: A BILL TO AMEND NUMEROUS SECTIONS OF THE 1976 CODE TO PROVIDE FOR THE RESTRUCTURING OF VARIOUS AGENCIES, DEPARTMENTS, AND OFFICES OF STATE GOVERNMENT. (ABBREVIATED TITLE)
Senator MOORE asked unanimous consent to make a motion that the Bill be given a second reading with notice of general amendments on third reading and that the Bill be placed in the status of Adjourned Debate.
Senator LEVENTIS objected.
At 11:47 A.M., on motion of Senator McCONNELL, with unanimous consent, the Senate agreed to go into Executive Session.
H. 4925--GENERAL APPROPRIATION BILL
Senator McCONNELL asked unanimous consent to make a motion to take up H. 4925, the General Appropriation Bill, for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the Report proposed by the Committee on Finance.
Senator McCONNELL asked unanimous consent to make a motion that the Report of the Senate Finance Committee be adopted, with all members reserving the right to raise any Points of Order and to offer amendments without regard to questions of degree, provided that this unanimous consent request does not fulfill any two-thirds vote that may be required by Rule 24B, and that, when the Senate adjourns on Friday, April 30, 2004, it stand adjourned to meet at 12:00 Noon on Tuesday, May 4, 2004.
There was no objection
The Report of the Committee on Finance was adopted.
On motion of Senator McCONNELL, the Bill was carried over.
S. 1200 (Word version) -- Senators Courson, Hutto, Alexander, Anderson, Branton, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, 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, J. Verne Smith, Thomas, Verdin and Waldrep: A SENATE RESOLUTION TO PROCLAIM MAY 2004, AS "BICYCLE SAFETY MONTH" IN SOUTH CAROLINA, TO ENCOURAGE ALL SOUTH CAROLINIANS TO RECOGNIZE THE BENEFITS OF BICYCLING, TO RECOGNIZE EFFORTS MADE TO IMPROVE BICYCLE SAFETY, AND TO REMIND ALL DRIVERS TO "SHARE THE ROAD".
Senator MESCHER asked unanimous consent to make a motion to recall the Resolution from the General Committee.
There was no objection.
The Resolution was recalled from the committee.
Senator MESCHER asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Resolution, the question being the adoption of the Resolution.
On motion of Senator MESCHER, with unanimous consent, the Resolution was adopted.
S. 1207 (Word version) -- Senator Hayes: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO REVISE THE 2004 INDEX OF TAXPAYING ABILITY FOR PURPOSES OF ADJUSTING FOR A VALUATION ERROR IN ROCK HILL SCHOOL DISTRICT THREE OF YORK COUNTY.
Senator HAYES asked unanimous consent to make a motion to recall the Resolution from the Committee on Finance.
There was no objection.
The Resolution was recalled from the committee and ordered placed on the Calendar.
S. 45 (Word version) -- Senators Elliott and Reese: A BILL TO AMEND SECTION 12-37-2725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CANCELLATION OF A MOTOR VEHICLE LICENSE PLATE AND REGISTRATION FOR A REFUND OR CREDIT OF PROPERTY TAXES PAID ON THE VEHICLE TO ANOTHER, SO AS TO PROVIDE THAT THE LESSEE OF A MOTOR VEHICLE WHO ASSIGNS THE LEASE OR SURRENDERS THE LEASED VEHICLE TO THE LESSOR IS ELIGIBLE FOR A CREDIT OR REFUND ON PROPERTY TAXES PAID IF THE TERMS OF THE LEASE MADE THE LESSEE PRIMARILY LIABLE FOR THE PROPERTY TAX AND THE LESSEE IN FACT PAID THE TAX.
The House returned the Bill with amendments.
Senator LEATHERMAN asked unanimous consent to recommit the Bill to the Committee on Finance.
There was no objection and the Bill was recommitted.
S. 658 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 14-25-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND TERMS OF MUNICIPAL JUDGES, SO AS TO ESTABLISH A SET TERM OF FOUR YEARS RATHER THAN A TERM SET BY THE COUNCIL OF THE MUNICIPALITY NOT TO EXCEED FOUR YEARS.
The House returned the Bill with amendments.
Senator ALEXANDER proposed the following amendment (JUD0658.006), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. The General Assembly finds that:
(1) Section 14-25-5 of the 1976 Code provides for the establishment of municipal courts by each municipality which "shall be a part of the unified judicial system of this State";
(2) Section 14-25-45 provides that such municipal courts "shall also have all such powers, duties, and jurisdiction in criminal cases made under state law and conferred upon magistrates";
(3) Section 14-25-65 provides that municipal judges shall have the same authority for punishment, contempt, and restitution in criminal cases as do magistrates;
(4) Section 14-25-15 provides that municipal judges are required to comply with the same educational requirements in criminal matters as do magistrates;
(5) Section 14-25-208 provides that municipal courts must collect assessments and adhere to the same reporting requirements as required of magistrates' courts;
(6) Municipal judges and magistrates are subject to the Code of Judicial Conduct found in Rule 501 of the South Carolina Appellate Court Rules which requires an independent judiciary which shall not be swayed by partisan interests, public clamor, or fear of criticism; and
(7) An independent judiciary requires that municipal judges be appointed to the same terms of appointment as magistrates.
SECTION 2. Section 14-25-15(A) of the 1976 Code, as amended by Act 394 of 2000, is further amended to read:
"(A) Each municipal judge shall must be appointed by the council to serve for a term set by the council of not less than two years but not to exceed more than four years and until his successor is appointed and qualified. His compensation shall must be fixed by the council."
SECTION 3. This act takes effect upon approval by the Governor and applies to municipal judges appointed on or after this act's effective date. /
Renumber sections to conform.
Amend title to conform.
Senator ALEXANDER explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was ordered returned to the House with amendments.
The following were introduced:
S. 1216 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO RECIPIENT UTILIZATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2843, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.
S. 1217 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO HEARING PROCEDURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2839, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.
S. 1218 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2854, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.
S. 1219 (Word version) -- Senators Matthews and Hutto: A BILL TO AMEND SECTION 44-7-2210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF THE ORANGEBURG-CALHOUN REGIONAL HOSPITAL, SO AS TO DELETE THE PROVISION REQUIRING THE GOVERNOR TO MAKE THE APPOINTMENTS TO THE BOARD AND PROVIDE THAT THE GOVERNING BODIES OF ORANGEBURG AND CALHOUN COUNTIES SHALL MAKE THE APPOINTMENTS ACCORDING TO THE PRO RATA METHOD PRESCRIBED IN THIS SECTION.
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Read the first time and, on motion of Senator MATTHEWS, with unanimous consent, S. 1219 was ordered placed on the Calendar without reference.
On motion of Senator MATTHEWS, with unanimous consent, S. 1219 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 1220 (Word version) -- Senators Branton, Grooms, Mescher, O'Dell, Elliott, Waldrep and Kuhn: A BILL TO AMEND SECTION 61-6-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR ADVERTISING BY A PERSON APPLYING FOR A LIQUOR LICENSE, SO AS TO ELIMINATE THE PROVISION OF DETERMINATION BY THE DEPARTMENT OF REVENUE AS TO WHICH NEWSPAPERS MEET THE REQUIREMENTS OF THE SECTION.
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Read the first time and referred to the Committee on Judiciary.
S. 1221 (Word version) -- Senators Leventis, Land, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Kuhn, Leatherman, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Sheheen, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION TO CONGRATULATE THE 1954 CLASS OF THE SCHOOL OF LAW AT SOUTH CAROLINA STATE COLLEGE UPON THE CELEBRATION OF ITS FIFTIETH ANNIVERSARY.
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Whereas, the members of the General Assembly are very pleased to note that the 1954 Class of the School of Law at South Carolina State College will celebrate its fiftieth anniversary this year; and
Whereas, the School of Law at then South Carolina State College was established in 1947 and operated continuously until 1966 during which time it graduated two generations of outstanding lawyers who helped improve the legal system in South Carolina; and
Whereas, the Class of 1954 of the School of Law is particularly noteworthy and includes among its distinguished alumni the Honorable Ernest A. Finney, Jr., who after an exceptional career retired as Chief Justice of the South Carolina Supreme Court; and
Whereas, the members of the General Assembly, by this resolution, would like to extend their very best congratulations to Chief Justice Finney and the other surviving members of the 1954 Class upon the occasion of the class's fiftieth anniversary. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly congratulate the 1954 Class of the School of Law at South Carolina State College upon the celebration of its fiftieth anniversary.
Be it further resolved that a copy of this resolution be forwarded to Chief Justice Finney and the other surviving members of the Class of 1954.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1222 (Word version) -- Senator Hutto: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE ON THE DEATH OF JOE TOPPER OF ALLENDALE AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Senate Resolution was adopted.
H. 4038 (Word version) -- Rep. Toole: A BILL TO AMEND SECTION 56-1-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY PLACE A MAGNETIC STRIP ON A DRIVER'S LICENSE WHICH CONTAINS THE NAME AND TELEPHONE NUMBER OF A PERSON WHO MAY BE CONTACTED IF THE HOLDER OF THE LICENSE IS INVOLVED IN AN EMERGENCY SITUATION AND ANY OTHER INFORMATION THE DEPARTMENT DETERMINES TO BE APPROPRIATE.
Read the first time and referred to the Committee on Transportation.
H. 4440 (Word version) -- Reps. Limehouse, Clemmons, Altman and Bales: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION OF A MOTOR HOME AS REAL PROPERTY FOR PURPOSES OF AD VALOREM TAXES AND THE REQUIREMENTS NECESSARY FOR THAT CLASSIFICATION, SO AS TO INCLUDE BOATS WITHIN THE CLASSIFICATION IF THEY MEET THE SAME REQUIREMENTS, AND TO PROVIDE A CAP ON THE MAXIMUM AD VALOREM TAXATION WHICH MAY BE LEVIED ON SUCH A BOAT FOR ANY YEAR.
Read the first time and referred to the Committee on Finance.
H. 4721 (Word version) -- Reps. Edge and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-45 SO AS TO PROVIDE FOR PUNITIVE DAMAGES WHEN A PERSON, WITH INTENT TO AVOID PAYMENT FOR A SERVICE RENDERED, KNOWINGLY SECURES PERFORMANCE OF THE SERVICE BY DECEPTION, THREAT, OR FALSE TOKEN OR BY AGREEING TO PROVIDE COMPENSATION AND FAILING TO MAKE PAYMENT AFTER RECEIVING A DEMAND FOR PAYMENT, TO PROVIDE FOR THE ELEMENTS OF THEFT OF SERVICE, TO DEFINE "SERVICES", AND TO PROVIDE FOR A DEFENSE.
Read the first time and referred to the Committee on Judiciary.
H. 4747 (Word version) -- Reps. Simrill, Delleney, Kirsh, McCraw, Moody-Lawrence, Richardson, Emory and J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-1-85 SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO IMPOSE LICENSURE, PERMIT, AND RENEWAL FEES ON APPLICANTS IN PROGRAMS THE DEPARTMENT REGULATES, TO AUTHORIZE THE DEPARTMENT TO IMPOSE MONETARY PENALTIES FOR VIOLATIONS PERTAINING TO THESE PROGRAMS, TO PROVIDE THAT THE DEPARTMENT SHALL PROVIDE FOR THE USE OF FEES AND PENALTIES COLLECTED, AND TO REQUIRE THE DEPARTMENT TO PROMULGATE REGULATIONS TO CARRY OUT THESE PROVISIONS.
Read the first time and referred to the Committee on Medical Affairs.
H. 4838 (Word version) -- Reps. Hamilton, Bailey, Cooper, Duncan, Edge, Huggins, Limehouse, E. H. Pitts, Scott, Snow, Walker, M. Hines, Hinson, Martin, Parks, Clemmons and Barfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 46 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR THE ISSUANCE OF "HOMEOWNERSHIP: THE AMERICAN DREAM" SPECIAL LICENSE PLATES.
Read the first time and referred to the Committee on Transportation.
H. 4901 (Word version) -- Reps. Ceips, Rivers, Gilham, Herbkersman and Lloyd: A BILL TO AMEND CHAPTER 3, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 54-3-700, SO AS TO PROVIDE THAT THE STATE PORTS AUTHORITY IS NOT REQUIRED TO OPERATE A MARINE TERMINAL AT PORT ROYAL, AND TO PROVIDE FOR THE CESSATION OF TERMINAL OPERATIONS, THE SALE OF PROPERTY AT FAIR MARKET VALUE, AND FOR THE DISPOSITION OF THE PROCEEDS FROM THE SALE OF THE PROPERTY.
Read the first time and, on motion of Senator RICHARDSON, with unanimous consent, H. 4901 was ordered placed on the Calendar without reference.
H. 4934 (Word version) -- Reps. Witherspoon, Clemmons, Loftis, Edge, Rhoad, Viers, Barfield, Lee, Snow, Duncan, Koon, Frye, Altman, Battle, R. Brown, Chellis, Coates, Davenport, Freeman, Hamilton, Harvin, Haskins, Hosey, Leach, McCraw, Miller, Phillips, Quinn, Sinclair, F. N. Smith, G. R. Smith, J. R. Smith, Stewart, Stille, Townsend, Tripp, Vaughn and Young: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 38 SO AS TO ENACT THE "SOUTH CAROLINA ISOLATED WETLANDS ACT OF 2004" WHICH ESTABLISHES A PROGRAM TO REGULATE ISOLATED WETLANDS AND ACTIVITIES IN AND AROUND ISOLATED WETLANDS INCLUDING A REQUIREMENT FOR MITIGATION TO COMPENSATE FOR ISOLATED WETLAND DISTURBANCES, BY ADDING SECTION 12-6-1125 SO AS TO PROVIDE THAT GROSS INCOME SHALL NOT INCLUDE AN AMOUNT RECEIVED BY THE OWNER OF ISOLATED WETLANDS FOR ALLOWING A PERSON TO USE THE ISOLATED WETLANDS IN A COMPATIBLE USE; BY ADDING SECTION 12-6-3525 SO AS TO PERMIT A TAXPAYER TO ELECT TO CLAIM AN INCOME TAX CREDIT IN AN AMOUNT EQUAL TO TWENTY-FIVE PERCENT OF THE TOTAL AMOUNT OF THE FEDERAL DEDUCTION ATTRIBUTABLE TO THE DONATION OF THE ISOLATED WETLANDS LOCATED IN THIS STATE; BY ADDING SECTION 12-37-945 SO AS TO PROVIDE THAT PROPERTY THAT IS MAPPED OR DELINEATED AS ISOLATED WETLANDS MUST BE CONSIDERED UNDEVELOPED PROPERTY FOR AD VALOREM TAX PURPOSES UNTIL SUCH TIME AS THE LANDOWNER OBTAINS A PERMIT THAT ALLOWS THE PROPERTY TO BE DEVELOPED; TO ADD SECTION 48-1-95 SO AS TO PROVIDE THAT ANY NATIONWIDE PERMIT APPLICATION SUBMITTED TO THE DEPARTMENT FOR CONSIDERATION SHALL BE PRESUMED TO COMPLY WITH THE APPLICABLE WATER QUALITY CRITERIA AND COASTAL ZONE MANAGEMENT CRITERIA OF THE STATE WITHOUT ANY FURTHER TERMS OR CONDITIONS IMPOSED BY THE DEPARTMENT AND TO DEFINE "NATIONWIDE PERMIT" FOR THAT PURPOSE; AND TO AMEND SECTION 48-39-210, AS AMENDED, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL BEING THE ONLY STATE AGENCY AUTHORIZED TO PERMIT OR DENY ALTERATIONS OR UTILITIZATIONS WITHIN CRITICAL AREAS, SO AS TO REVISE THE MANNER IN WHICH THESE ALTERATIONS OR UTILIZATIONS ARE PERMITTED AND GRANTED.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 4996 (Word version) -- Reps. Bowers and Rhoad: A BILL TO AMEND SECTION 50-16-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE IMPORTATION OF CERTAIN WILDLIFE INTO THIS STATE WITHOUT A PERMIT FROM THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO PROVIDE THAT NO PERSON MAY RELEASE A NONDOMESTIC MEMBER OF THE SUIDAE (PIG) FAMILY INTO THE WILD, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROVIDE THAT THE PERSON IS FINANCIALLY RESPONSIBLE FOR ANY ECONOMIC OR OTHER DAMAGE CAUSED AS A RESULT OF THE RELEASE.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 5078 (Word version) -- Reps. Sandifer and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-295 SO AS TO PROVIDE THAT NO TELECOMMUNICATIONS SERVICE PROVIDER SHALL ENTER INTO ANY AGREEMENT WHICH RESTRICTS OR LIMITS THE ABILITY OF ANY OTHER TELECOMMUNICATIONS SERVICE PROVIDER FROM OBTAINING EASEMENTS OR RIGHTS-OF-WAY FOR THE INSTALLATION OF FACILITIES OR EQUIPMENT TO PROVIDE TELECOMMUNICATIONS SERVICES IN THIS STATE OR WHICH OFFERS OR GRANTS INCENTIVES OR REWARDS TO AN OWNER OF REAL PROPERTY TO ENCOURAGE THE OWNER TO REFUSE OR RESTRICT ACCESS TO THE REAL PROPERTY BY ANY OTHER TELECOMMUNICATIONS SERVICE PROVIDER, TO PROVIDE EXCEPTIONS, AND TO PROVIDE CIVIL PENALTIES FOR VIOLATIONS.
Read the first time and referred to the Committee on Judiciary.
H. 5080 (Word version) -- Reps. W. D. Smith, Wilkins, Loftis, Harrell, Cato, Chellis, Clemmons, Edge, Frye, Herbkersman, Leach, Owens, Perry, Rice, Richardson, Sandifer, Simrill, F. N. Smith, G. R. Smith, J. R. Smith, Stewart, Talley, Townsend, Tripp, Vaughn, White, Witherspoon and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46, CAROLINA PUBLIC SCHOOL DISTRICT, TO TITLE 59; TO PROVIDE FOR THE CREATION OF A CAROLINA PUBLIC SCHOOL DISTRICT, ITS GOVERNANCE, AND ITS POWERS AND DUTIES; AND TO PROVIDE FOR THE MANNER IN WHICH A CHARTER SCHOOL SPONSORED BY THE CAROLINA PUBLIC SCHOOL DISTRICT MUST BE FORMED, FUNDED, REGULATED, AND GOVERNED.
Read the first time and referred to the Committee on Education.
H. 5086 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 4-29-67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF PROPERTY TAX, SO AS TO DELETE THE NET PERCENT VALUE METHOD OF CALCULATING ANNUAL FEE PAYMENTS; TO AMEND SECTION 6-1-320, AS AMENDED, RELATING TO THE LIMITS ON ANNUAL INCREASES IN LOCAL GOVERNMENT AND SCHOOL DISTRICT PROPERTY TAX MILLAGE, SO AS TO CLARIFY THE METHOD OF CALCULATING THE ALLOWED CONSUMER PRICE INDEX INCREASE IN THE MILLAGE RATE; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA INDIVIDUAL TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO DELETE AN OBSOLETE DEDUCTION RELATING TO MEDICAL INSURANCE PREMIUMS; TO AMEND SECTION 12-6-2320, RELATING TO ALLOCATION AND APPORTIONMENT FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO PROVIDE FOR THE ALLOCATION OF DIVIDENDS; TO AMEND SECTION 12-6-3365, AS AMENDED, RELATING TO THE CORPORATE INCOME TAX MORATORIUM FOR JOB CREATION, SO AS TO CLARIFY THE APPLICATION OF THE MORATORIUM TO INSURANCE PREMIUM TAXES; TO AMEND SECTION 12-6-3480, RELATING TO TAX CREDITS, SO AS TO FURTHER PROVIDE THE MANNER IN WHICH CREDITS ARE ALLOWED AND MAY BE CLAIMED; TO AMEND SECTION 12-6-4910, AS AMENDED, RELATING TO THOSE REQUIRED TO FILE INCOME TAX RETURNS, SO AS TO PROVIDE FOR THOSE NONRESIDENTS REQUIRED TO FILE IN THIS STATE; TO AMEND SECTIONS 12-6-5020, AS AMENDED, AND 12-6-5030, RELATING TO THE FILING OF CONSOLIDATED CORPORATE INCOME TAX RETURNS AND COMPOSITE INDIVIDUAL INCOME TAX RETURNS, SO AS TO REQUIRE THE DETERMINATION OF CREDITS ON A CONSOLIDATED BASIS AND FURTHER PROVIDE FOR COMPOSITE RETURNS; TO AMEND SECTIONS 12-8-520 AND 12-8-1520, RELATING TO STATE INCOME TAX WITHHOLDING, SO AS TO PROVIDE FOR THE WITHHOLDING OF PARTNERSHIP AND SUBCHAPTER "S" CORPORATION INCOME OF NONRESIDENTS AND ADDITIONAL REQUIREMENTS FOR WITHHOLDING AGENTS; TO AMEND SECTION 12-10-105, RELATING TO ANNUAL FEES FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, SO AS TO EXTEND THESE FEES TO JOB RETRAINING CREDITS IN EXCESS OF TEN THOUSAND DOLLARS AND PROVIDE FOR THE COLLECTION OF THESE FEES; TO AMEND SECTION 12-20-105, AS AMENDED, RELATING TO TAX CREDITS FOR PURPOSES OF THE CORPORATE LICENSE TAX, SO AS TO CLARIFY THE APPLICATION OF THESE CREDITS; TO AMEND SECTIONS 12-21-1090 AND 12-21-6550, RELATING TO LICENSE TAXES, SO AS TO PROVIDE FOR THE PERMISSIVE PROMULGATION OF REGULATIONS AND FURTHER PROVIDE FOR THE APPLICATIONS REQUIRED PURSUANT TO THE TOURISM INFRASTRUCTURE ADMISSIONS TAX ACT; TO AMEND SECTION 12-28-740, RELATING TO EXEMPTIONS FROM THE MOTOR FUELS USER FEE, SO AS TO DELETE A REFERENCE TO A CREDIT, BY ADDING SECTION 12-28-1400, SO AS TO REQUIRE SUCH REPORTING AS THE DEPARTMENT OF REVENUE MAY REQUIRE BY REGULATION FOR PURPOSES OF THE USER FEE ON MOTOR FUELS AND PROVIDE AN ADDITIONAL CIVIL PENALTY FOR VIOLATORS; TO AMEND SECTION 12-28-1730, AS AMENDED, RELATING TO PENALTIES FOR PURPOSES OF THE MOTOR FUELS TAX, SO AS TO DELETE A CIVIL PENALTY; TO AMEND SECTION 12-36-530, RELATING TO THE REQUIREMENT FOR THE RETURN OF A RETAIL LICENSE WHEN A BUSINESS CLOSES OR IS SOLD, SO AS TO ELIMINATE THE REQUIREMENT THAT THE TAX IS DUE AT THE TIME OF SALE AND CONSTITUTES A LIEN ON THE PROPERTY IN THE HANDS OF THE PURCHASER; TO AMEND SECTIONS 12-36-1310 AND 12-36-2120, BOTH AS AMENDED, AND SECTION 12-36-2510, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO FURTHER PROVIDE FOR THE APPLICATION OF SALES TAX TO TELECOMMUNICATIONS SERVICES, AND PROVIDE FURTHER FOR THE ISSUE OF CERTIFICATES BY THE DEPARTMENT OF REVENUE FOR DIRECT PAY AND EXEMPTIONS AND PROVIDE FOR MORE EFFICIENT ADMINISTRATION OF SALES TAXES AND SALES TAX EXEMPTIONS; TO REPEAL SECTION 12-37-240, RELATING TO PAYMENTS IN LIEU OF TAXES BY EXEMPT NONPROFIT HOUSING CORPORATIONS; TO REPEAL SECTION 12-37-290, RELATING TO AN OBSOLETE HOMESTEAD EXEMPTION PROVISION; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO DELETE OBSOLETE REFERENCES IN EXISTING EXEMPTIONS; TO AMEND SECTION 12-37-230, RELATING TO SERVICE CONTRACTS WITH NONPROFIT HOUSING CORPORATIONS, SO AS TO ALLOW TAXING ENTITIES TO CHARGE REASONABLE FEES FOR SERVICES NOT TO EXCEED TAXES THAT WOULD OTHERWISE BE DUE ON THE PROPERTY, TO AMEND SECTIONS 12-44-30, 12-44-50, 12-44-55, 12-44-60, AND 12-44-140, ALL AS AMENDED, RELATING TO THE "FEE IN LIEU OF TAX SIMPLIFICATION ACT OF 1997", SO AS TO ELIMINATE THE NET PERCENT VALUE METHOD OF CALCULATING THE ANNUAL FEE PAYMENT, BY ADDING SECTION 12-44-180, SO AS TO PROVIDE THOSE REQUIREMENTS FOR ELIMINATION OF THE NET PERCENT VALUE METHOD IN AN EXISTING FEE AGREEMENT; TO AMEND SECTIONS 12-54-25, AS AMENDED, 12-54-42, AND 12-54-43, AS AMENDED, RELATING TO THE UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF STATE LEVIED TAXES, SO AS TO CLARIFY WHEN INTEREST IS NOT DUE ON OVERPAYMENTS, TO CLARIFY THE APPLICATION OF PENALTIES FOR FAILING TO PROVIDE WITHHOLDING STATEMENTS, TO CLARIFY AND REVISE THE APPLICATION OF CIVIL PENALTIES FOR FILING GROUNDLESS RETURNS OR FOR MISUSE OF A SALES TAX CERTIFICATE; BY ADDING SECTION 12-54-123 SO AS TO PROTECT FROM LIABILITY A PERSON WHO SURRENDERS THE PROPERTY OF ANOTHER LEVIED ON BY THE DEPARTMENT OF REVENUE; TO AMEND SECTIONS 12-54-90, 12-54-210, AND 12-54-240, AS AMENDED, RELATING TO THE COLLECTION AND ENFORCEMENT OF STATE TAXES, SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO REFUSE TO ISSUE A LICENSE TO A TAXPAYER IN VIOLATION AND TO DELETE NOTICE REQUIREMENTS AND TO INCREASE THE PENALTY FOR FAILURE TO KEEP RECORDS, FILE RETURNS, AND COMPLY WITH REGULATIONS, UPDATE REFERENCES RELATING TO THE CONFIDENTIALITY OF RETURNS, AND DELETE AN EXEMPTION TO THE CONFIDENTIALITY REQUIREMENTS FOR RECORDS SUBPOENAED BY A FEDERAL GRAND JURY; TO AMEND SECTION 12-58-185, AS AMENDED, RELATING TO THE TAXPAYERS' BILL OF RIGHTS, SO AS TO CLARIFY AND EXTEND THE APPLICATION OF HARDSHIP EXTENSIONS TO PAY; TO AMEND SECTIONS 12-60-420 AND 12-60-490, BOTH AS AMENDED, RELATING TO THE REVENUES PROCEDURE ACT, SO AS TO PROVIDE THAT THE APPLICATION OF A DIVISION DECISION OR A DETERMINATION OF DEFICIENCY APPLIES TO LOCAL TAXES ADMINISTERED BY THE DEPARTMENT OF REVENUE AND REQUIRE SUCH NOTICE TO PROVIDE THAT FAILURE TO FILE A PROTEST WILL RESULT IN A DECISION BECOMING FINAL AND TO PROVIDE FURTHER FOR SETOFFS AGAINST TAX REFUNDS; TO AMEND SECTION 61-4-720, AS AMENDED, RELATING TO THE REGULATION OF WINE, SO AS TO REPLACE THE LIMITATION TO DOMESTIC WINE WITH WINE PRODUCED ON THE PREMISES FOR WINE SALES AND TASTINGS AT LICENSED WINERIES IN THIS STATE; BY ADDING SECTION 61-4-725 SO AS TO ALLOW A LICENSED WINERY TO SELL, DELIVER, PERMIT ON-PREMISES CONSUMPTION ON SUNDAYS IN JURISDICTIONS WHERE MINIBOTTLE SALES ARE ALLOWED ON SUNDAYS; TO AMEND SECTIONS 61-4-730 AND 61-4-747, RELATING TO REGULATION OF WINE, SO AS TO REPLACE THE REQUIREMENT THAT PERMITTED WINERIES SELL ONLY DOMESTIC WINE WITH WINE PRODUCED IN THIS STATE IN ORDER TO SELL AND DELIVER WINE IN THIS STATE AND TO REQUIRE OUT-OF-STATE WINE SHIPPERS TO PAY SALES AND EXCISE TAXES ON WINE SHIPPED TO RESIDENTS OF THIS STATE BY JANUARY TWENTIETH OF EACH YEAR FOR THE PRECEDING YEAR.
Read the first time and referred to the Committee on Finance.
H. 5115 (Word version) -- Reps. Dantzler and Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-34 SO AS TO MAKE IT UNLAWFUL TO HUNT MIGRATORY WATERFOWL IN CERTAIN COVES ON LAKE MARION AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 5178 (Word version) -- Reps. McLeod, Huggins and Koon: A BILL TO PROVIDE THAT THE INTERCHANGE OF INTERSTATE HIGHWAY 26 WITH HIGHWAY S-32-48 (COLUMBIA AVENUE) IN LEXINGTON COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.
Read the first time and referred to the Committee on Transportation.
H. 5191 (Word version) -- Rep. Hamilton: A CONCURRENT RESOLUTION TO RECOGNIZE THE URGENCY OF FINDING SOLUTIONS TO THE PROBLEM OF THE LACK OF HEALTH INSURANCE BY MANY SOUTH CAROLINIANS AND TO DECLARE THE WEEK OF MAY 10-16, 2004, AS "COVER THE UNINSURED WEEK" IN THIS STATE.
The Concurrent Resolution was introduced and referred to the General Committee.
H. 5192 (Word version) -- Reps. Freeman, Jennings, Lucas and Neilson: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE GENERAL ASSEMBLY UPON THE DEATH OF VOLUNTEER FIREFIGHTER LIEUTENANT EDGAR BRUCE ROGERS, OF CHESTERFIELD, THURSDAY, APRIL 22, 2004, AND TO CONVEY DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5200 (Word version) -- Reps. Cotty, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, 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, 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 RECOGNIZE AND HONOR ROSE SERIO SHEHEEN ON HER RETIREMENT AS PRINCIPAL OF BLANEY ELEMENTARY SCHOOL IN ELGIN ON JUNE 30, 2004, AND TO EXTEND BEST WISHES TO HER IN ALL HER FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5201 (Word version) -- Rep. Hosey: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY ON THE DEATH OF JOE TOPPER OF ALLENDALE AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator GIESE from the Committee on Education polled out S. 1133 favorable:
S. 1133 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTIONS 59-26-30 AND 59-26-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO TEACHER ASSESSMENTS AND TEACHER CERTIFICATION, SO AS TO CHANGE REFERENCES FROM STUDENT TEACHERS TO TEACHER CANDIDATES, TO REMOVE PROVISIONAL CONTRACTS FROM THE TYPES OF CONTRACTS UNDER WHICH TEACHERS MAY BE EMPLOYED, TO PROVIDE THAT CONTINUING CONTRACT TEACHERS MUST BE EVALUATED ON A CONTINUOUS BASIS, TO PROVIDE WHEN A TEACHER MAY RECEIVE DIAGNOSTIC ASSISTANCE, AND TO FURTHER PROVIDE FOR THE REQUIREMENTS OF ANNUAL CONTRACT TEACHERS.
Giese Setzler Matthews Hayes Mescher Rankin Short Waldrep Anderson Patterson Gregory Fair Peeler O'Dell Kuhn
Courson Glover
Ordered for consideration tomorrow.
Senator THOMAS from the Committee on Banking and Insurance submitted a favorable with amendment report on:
H. 4081 (Word version) -- Reps. Edge, Clemmons and Bailey: A BILL TO AMEND SECTION 29-5-21, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURVEYOR'S SERVICES AS MATERIAL FURNISHED FOR THE IMPROVEMENT OF REAL ESTATE, SO AS TO PROVIDE THAT AN ENGINEER, ARCHITECT, OR LANDSCAPE ARCHITECT WHO PERFORMS OR PROVIDES PROFESSIONAL SERVICES FOR THE IMPROVEMENT OF REAL ESTATE IS CONSIDERED TO HAVE FURNISHED LABOR OR MATERIAL FOR THE IMPROVEMENT OF REAL ESTATE, AND TO FURTHER PROVIDE THAT, UNDER CERTAIN CONDITIONS, A REAL ESTATE BROKER WHO PERFORMS PROFESSIONAL SERVICES FOR THE OWNER OF REAL ESTATE INCIDENT TO A REAL ESTATE TRANSACTION PURSUANT TO A WRITTEN AGREEMENT HAS FURNISHED LABOR OR MATERIAL FOR THE IMPROVEMENT OF REAL ESTATE.
Ordered for consideration tomorrow.
Senator THOMAS from the Committee on Banking and Insurance submitted a favorable with amendment report on:
H. 4413 (Word version) -- Reps. Cato, Vaughn, Cotty, Leach and Hinson: 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 PEELER from the Committee on Medical Affairs submitted a favorable report on:
H. 4753 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO RECIPIENT UTILIZATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2843, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator THOMAS from the Committee on Banking and Insurance submitted a favorable report on:
H. 4818 (Word version) -- Reps. Cato, J.H. Neal, Moody-Lawrence, Lloyd, R. Brown, Emory, Mack, Cobb-Hunter, Govan, Chellis, Whipper, Trotter, Cooper, White, Barfield, Harrison, Sandifer, Thompson, McGee, Merrill, W.D. Smith and Huggins: A BILL TO AMEND SECTION 37-2-203, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DELINQUENCY CHARGES IN CONNECTION WITH A CREDIT SALE, SO AS TO PROVIDE THAT A DELINQUENCY CHARGE MUST NOT BE APPLIED TO A DELINQUENCY ATTRIBUTABLE ONLY TO AN ASSESSMENT AGAINST AN EARLIER INSTALLMENT AND TO PROVIDE FOR CONSTRUCTION OF THE PROVISION IN CONFORMITY WITH FEDERAL LAW; TO AMEND SECTION 37-3-202, RELATING TO ADDITIONAL CHARGES PERMITTED IN CONNECTION WITH A CONSUMER LOAN, SO AS TO INCLUDE OPEN-END CREDIT PURSUANT TO A LENDER CREDIT CARD OR SIMILAR ARRANGEMENT IN CONFORMANCE WITH OTHER PROVISIONS AND TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 37-3-203, RELATING TO DELINQUENCY CHARGES IN CONNECTION WITH A CONSUMER LOAN, SO AS TO PROVIDE THAT THE DELINQUENCY CHARGE MUST NOT BE APPLIED TO A DELINQUENCY ATTRIBUTABLE ONLY TO AN ASSESSMENT AGAINST AN EARLIER INSTALLMENT AND TO PROVIDE FOR CONSTRUCTION OF THE PROVISION IN CONFORMITY WITH FEDERAL LAW; AND TO AMEND SECTION 37-3-303, RELATING TO NOTICE TO CO-SIGNERS AND SIMILAR PARTIES TO A CONSUMER LOAN, SO AS TO INCLUDE A CONSPICUOUS NOTICE IN CONFORMITY WITH OTHER LAW AND TO MAKE A TECHNICAL CORRECTION.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:
H. 4971 (Word version) -- Reps. Harrell, Quinn, Clyburn, Davenport, Edge, Rice, Neilson, Cobb-Hunter and Whipper: A JOINT RESOLUTION TO ESTABLISH THE SOUTH CAROLINA COMMISSION ON HEALTH CARE ACCESS, TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND FUNCTIONS OF THE COMMISSION, AND TO PROVIDE THAT THE COMMISSION IS DISSOLVED JUNE 30, 2007, OR AT THE CONCLUSION OF ITS WORK, WHICHEVER OCCURS EARLIER.
Ordered for consideration tomorrow.
S. 1160 (Word version) -- Senators Knotts and Setzler: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF UNITED STATES HIGHWAY 1 AND INTERSTATE HIGHWAY 26 IN LEXINGTON COUNTY IN HONOR OF THE MEN AND WOMEN OF THE 4TH INFANTRY DIVISION AND TO ERECT APPROPRIATE SIGNS OR MARKERS AT THIS INTERCHANGE CONTAINING THE WORDS "4TH INFANTRY DIVISION INTERCHANGE".
Returned with concurrence.
Received as information.
S. 1204 (Word version) -- Senator Patterson: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE SHAKEEM KENYA LANE FOR HIS ACHIEVEMENTS IN THE FIELD OF MEDICINE, TO CONGRATULATE HIM UPON HIS GRADUATION FROM THE MEDICAL UNIVERSITY OF SOUTH CAROLINA ON MAY 21, 2004, AND TO EXTEND BEST WISHES TO HIM IN ALL HIS FUTURE ENDEAVORS.
Returned with concurrence.
Received as information.
S. 1205 (Word version) -- Senator Patterson: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE THE OUTSTANDING ACHIEVEMENTS OF TAMEKA KIMESUNG LANE OF BLAIR, SOUTH CAROLINA, IN THE FIELD OF MEDICINE, TO CONGRATULATE HER UPON HER GRADUATION FROM THE MEDICAL UNIVERSITY OF SOUTH CAROLINA ON MAY 21, 2004, AND TO EXTEND BEST WISHES TO HER IN ALL HER FUTURE ENDEAVORS.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following House Bills were read the third time and ordered returned to the House with amendments:
H. 3460 (Word version) -- Reps. Jennings, Lucas, F.N. Smith, Bales and Hayes: A BILL TO AMEND SECTION 14-7-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCUSING JURORS FOR GOOD CAUSE, SO AS TO PROVIDE THAT A PERSON WHO IS THE PRIMARY CARETAKER OF A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER OR A SEVERELY DISABLED PERSON WHO CANNOT CARE FOR HIMSELF OR CANNOT BE LEFT UNATTENDED MAY BE EXCUSED FROM JURY DUTY BY THE PRESIDING JUDGE.
H. 3473 (Word version) -- Reps. Jennings, Hosey, Whipper, Bales, Branham, Breeland, Haskins, Herbkersman, J. Hines, J.E. Smith, M. Hines, Littlejohn, Lloyd, Rivers, Simrill, Vaughn and Witherspoon: A BILL TO AMEND SECTION 16-17-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OR DESECRATION OF HUMAN REMAINS OR REPOSITORIES OF HUMAN REMAINS, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO STEAL ANYTHING OF VALUE FROM CERTAIN REPOSITORIES OF HUMAN REMAINS, TO MAKE A TECHNICAL CHANGE, AND TO REVISE THE PENALTY.
H. 4115 (Word version) -- Reps. Lourie, Parks, Littlejohn, Weeks and McLeod: A BILL TO ENACT THE SOUTH CAROLINA BIRTH DEFECTS ACT OF 2003 BY ADDING CHAPTER 44 TO TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ESTABLISH A BIRTH DEFECTS PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMOTE INCREASED UNDERSTANDING AND THE PREVENTION AND REDUCTION OF BIRTH DEFECTS; TO PROVIDE INFORMATION AND REFERRAL SERVICES; TO ESTABLISH THE BIRTH DEFECTS ADVISORY COUNCIL AND TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO REQUIRE THE PROGRAM TO CONDUCT SURVEILLANCE AND MONITORING OF BIRTH DEFECTS AND TO MAINTAIN A CENTRAL DATABASE OF THIS INFORMATION; TO REQUIRE VARIOUS HEALTHCARE PROVIDERS TO PROVIDE ACCESS TO BIRTH DEFECT INFORMATION; TO PROVIDE PROCEDURES FOR DISCLOSURE OF INFORMATION; AND TO PROVIDE IMMUNITY AND CONFIDENTIALITY PROVISIONS AND PENALTIES FOR VIOLATIONS.
H. 4130 (Word version) -- Reps. Cato, Tripp, G.R. Smith, Anthony and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-117 SO AS TO PROVIDE FLEXIBILITY IN THE PROMULGATION OF REGULATIONS THAT ADVERSELY IMPACT SMALL BUSINESSES, TO DEFINE "SMALL BUSINESS", TO REQUIRE EXAMINATION OF REGULATORY ALTERNATIVES, TO PROVIDE FOR REVIEW OF AN AGENCY DECISION IN THIS CONNECTION, TO REQUIRE REVIEW OF AGENCY REGULATIONS IN THE CONTEXT OF PROMOTING FLEXIBILITY IN PROMULGATING REGULATIONS THAT ADVERSELY IMPACT SMALL BUSINESSES, AND TO PROVIDE FOR EMERGENCY REGULATIONS; TO AMEND SECTION 1-23-10, RELATING TO DEFINITIONS IN CONNECTION WITH THE PROMULGATION OF REGULATIONS, SO AS TO INCLUDE "SMALL BUSINESSES" AND A REFERENCE TO SECTION 1-23-117; AND TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO REQUIRE AN AGENCY SUBMITTING A REGULATION FOR REVIEW TO ALSO SUBMIT THE DOCUMENTS AN AGENCY IS REQUIRED TO PREPARE PURSUANT TO THIS ACT.
The following Bills and Joint Resolutions were read the third time and ordered sent to the House of Representatives:
S. 286 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-640, SO AS TO PROVIDE FOR THE CRIME OF INTERFERENCE WITH THE OPERATION OF A PUBLIC TRANSIT OR PASSENGER VEHICLE.
S. 1002 (Word version) -- Senators Grooms, Hawkins and Short: 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.
S. 1033 (Word version) -- Senators Verdin, Grooms, Reese, O'Dell, Ryberg, Fair, Hawkins, Cromer, Mescher, Thomas, Ravenel, Martin, Waldrep and Knotts: A BILL TO AMEND SECTION 16-23-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE UNLAWFUL CARRYING OF PISTOLS, SO AS TO ADD AS AN EXCEPTION A PERSON RIDING ON A MOTORCYCLE WHEN THE PISTOL IS SECURED IN A CLOSED SADDLEBAG OR OTHER SIMILAR, CLOSED ACCESSORY CONTAINER ATTACHED TO THE MOTORCYCLE.
S. 1048 (Word version) -- Senator Jackson: A BILL TO REQUIRE EACH PUBLIC HIGH SCHOOL TO INCLUDE ON THE REPORT CARD A CUMULATIVE GRADE POINT AVERAGE CALCULATED ACCORDING TO THE UNIFORM GRADING SCALE FOR ALL SCHOOLS ATTENDED.
S. 1185 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION FOR MINORITY AFFAIRS, RELATING TO STATE RECOGNITION OF NATIVE AMERICAN INDIAN ENTITIES, ADVISORY COMMITTEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2874, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1186 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO REQUIREMENTS FOR LIMITED LICENSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2860, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 682 (Word version) -- Senator Jackson: A BILL TO AMEND CHAPTER 58, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION AND REGULATION OF MORTGAGE LOAN BROKERS, SO AS TO CHANGE THE TERM FROM "MORTGAGE LOAN BROKER" TO "MORTGAGE BROKER", TO CONFORM THE CHAPTER ACCORDINGLY, TO DEFINE "PROCESSOR", TO FURTHER SPECIFY THE SCOPE OF RESPONSIBILITY OF "ORIGINATORS", AND AMONG OTHER THINGS TO PROVIDE FOR LICENSURE AND RENEWAL FEES FOR ORIGINATORS.
S. 1187 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA FORESTRY COMMISSION, RELATING TO THE GENERAL RULES AND REGULATIONS FOR HUNTING, FISHING, AND RECREATIONAL ACTIVITIES ON ALL SOUTH CAROLINA FORESTRY COMMISSION LANDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2841, PURSUANT TO THE PROVISIONS OF CHAPTER 23, TITLE 48 AND CHAPTER 1, TITLE 50 OF THE 1976 CODE.
Senator GREGORY explained the Resolution.
S. 1195 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO HIGHER EDUCATION EXCELLENCE ENHANCEMENT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2904, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1181 (Word version) -- Senators Mescher, Grooms, Land, McGill and Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-390 SO AS TO PROVIDE THAT NO MORE THAN ONE ARKANSAS BLUE CATFISH OVER THIRTY-FOUR INCHES MAY BE TAKEN FROM THE WATERS OF LAKES MARION AND MOULTRIE BY ANY ONE PERSON IN ONE DAY, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION APPLY TO COMMERCIAL AS WELL AS RECREATIONAL FISHERMEN.
S. 895 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 45-5-80 SO AS TO REQUIRE LODGING ESTABLISHMENTS TO COMPLY BEFORE JULY 1, 2007, WITH INTERNATIONAL BUILDING CODE STANDARDS FOR FIRE SUPPRESSION AND TO DEFINE "LODGING ESTABLISHMENT".
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
The Committee on Labor, Commerce and Industry proposed the following amendment (S-895 COMMITTEE AMENDMENT), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 45-2-70 of the 1976 Code is amended to read:
"Section 45-2-70. The innkeeper shall post a copy of this chapter including the requirements of Section 45-5-80, together with all rules of the lodging establishment, in a conspicuous place at or near the guest registration desk."
SECTION 2. Chapter 5, Title 45 of the 1976 Code is amended by adding:
"Section 45-5-80. (A) All hotels in this State that are not required by law to have a fire sprinkler system in the building shall post a notice in a conspicuous place at or near the guest registration desk. The posting must be on an eight and one-half inches by eleven inches sign with letters no less than three quarters of an inch in size and must state the following: 'This facility is NOT required by law to have a fire sprinkler system.'
(B) A hotel that violates the provisions of this section shall be fined up to two thousand dollars for each violation. Each day constitutes a separate violation."
SECTION 3. Each insurer offering property insurance on a hotel must provide, with the renewal notice, the estimated savings in premium if the property was equipped with a fire sprinkler system in compliance with the latest edition of the National Fire Protection Association's standards NFPA 13 or NFPA 13R. Such estimated savings does not constitute a quote and is intended for comparison purposes.
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator J. VERNE SMITH explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.
S. 988 (Word version) -- Transportation Committee: A BILL TO AMEND SECTION 56-1-176, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL ATTENDANCE CONDITIONS ASSOCIATED WITH THE ISSUANCE OF CONDITIONAL AND SPECIAL RESTRICTED DRIVER'S LICENSES, SO AS TO PROVIDE THAT THESE AND ADDITIONAL CONDITIONS SHALL APPLY TO THE ISSUANCE OF A BEGINNER'S PERMIT, CONDITIONAL DRIVER'S LICENSE, SPECIAL RESTRICTED DRIVER'S LICENSE, AND A REGULAR DRIVER'S LICENSE ISSUED TO A PERSON LESS THAN EIGHTEEN YEARS OF AGE, AND TO PROVIDE FOR THE SUSPENSION OF A PERSON'S PERMIT OR LICENSE IF HE FAILS TO COMPLY WITH THESE CONDITIONS, AND TO REQUIRE THAT THE SUSPENSION REMAIN IN EFFECT UNTIL THE PERSON HAS DEMONSTRATED COMPLIANCE WITH THESE CONDITIONS FOR ONE FULL SEMESTER SUBSEQUENT TO THE SEMESTER DURING WHICH HIS PERMIT OR LICENSE WAS SUSPENDED.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senators JACKSON and RITCHIE proposed the following amendment (988R001.JHR), which was adopted:
Amend the bill, as and if amended, page 3, by striking lines 8-9 and inserting:
/ (1) 'withdrawal' means more than ten days' unexcused absences during one semester or more than fifteen total days' unexcused absences during a school year; and /
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
S. 987 (Word version) -- Senators Jackson, Glover, Ford and Pinckney: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA STATE HOUSE COMMITTEE TO ERECT A MARKER ON THE GROUNDS OF THE CAPITOL COMPLEX TO RECOGNIZE THE LIFE AND MANY ACCOMPLISHMENTS OF THE LATE UNITED STATES CONGRESSMAN ROBERT SMALLS.
The Senate proceeded to a consideration of the Resolution, the question being the third reading of the Resolution.
Senator PINCKNEY proposed the following amendment (987R001.CCP), which was adopted:
Amend the resolution, as and if amended, page 1, by striking line 11 and inserting:
/TO RECOMMEND THE SOUTH CAROLINA STATE HOUSE/
Renumber sections to conform.
Amend title to conform.
Senator PINCKNEY explained the amendment.
The amendment was adopted.
There being no further amendments, the Joint Resolution was read the third time and ordered sent to the House of Representatives.
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the Third Reading Calendar:
H. 3552 (Word version) -- Reps. Lourie, J.E. Smith, Rivers, Hosey, Altman, Anthony, Dantzler, J. Hines, McCraw, Moody-Lawrence, Richardson, Scarborough and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-45 SO AS TO PROVIDE THAT DEPARTMENT OF SOCIAL SERVICES AND ADULT PROTECTIVE SERVICES EMPLOYEES MUST REPORT KNOWN OR SUSPECTED INSTANCES OF ANIMAL CRUELTY, FIGHTING, OR BAITING, TO PROVIDE FOR IMMUNITY FROM LIABILITY FOR REPORTING PURSUANT TO THIS SECTION, TO PROVIDE THAT ANY VETERINARIAN OR OTHER PERSON MAY REPORT SUSPECTED ANIMAL CRUELTY, FIGHTING, OR BAITING, AND TO PROVIDE FOR IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR REPORTING PURSUANT TO THIS SECTION; TO AMEND SECTION 20-7-510, AS AMENDED, RELATING TO PERSONS REQUIRED OR PERMITTED TO REPORT CHILD ABUSE OR NEGLECT, SO AS TO INCLUDE AN OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OF A SOCIETY INCORPORATED FOR THE PREVENTION OF CRUELTY TO ANIMALS AND AN ANIMAL CONTROL OFFICER WITHIN THE SECTION AND MAKE A TECHNICAL CORRECTION; AND TO AMEND SECTION 43-35-25, RELATING TO PERSONS REQUIRED TO REPORT ABUSE, NEGLECT, OR EXPLOITATION OF VULNERABLE ADULTS, SO AS TO INCLUDE AN OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OF A SOCIETY INCORPORATED FOR THE PREVENTION OF CRUELTY TO ANIMALS OR AN ANIMAL CONTROL OFFICER WITHIN THE SECTION.
H. 3778 (Word version) -- Reps. Herbkersman, Bailey, Bowers, Ceips, Clark, Clemmons, Duncan, Gilham, Haskins, J. Hines, Hinson, Hosey, Littlejohn, Lloyd, Lourie, Mahaffey, Merrill, Miller, Moody-Lawrence, J.H. Neal, Pinson, E.H. Pitts, Richardson, Rivers, Sandifer, Scarborough, Simrill, Sinclair, Snow, Toole, Umphlett, Vaughn, Viers, White and Whitmire: A BILL TO AMEND SECTION 56-5-1210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF A DRIVER OF A VEHICLE INVOLVED IN AN ACCIDENT RESULTING IN INJURY TO OR THE DEATH OF A PERSON, SO AS TO DELETE THE PHRASE "IN EVERY EVENT" AS IT REFERS TO INSTANCES IN WHICH A DRIVER INVOLVED IN AN ACCIDENT SHALL REMAIN AT THE SCENE OF THE ACCIDENT, TO DELETE THE PHRASE "MORE THAN IS NECESSARY" AS IT REFERS TO A DRIVER INVOLVED IN AN ACCIDENT MAKING A STOP WITHOUT OBSTRUCTING TRAFFIC, AND TO PROVIDE THAT STATE AND LOCAL AUTHORITIES MAY ERECT SIGNS ALONG HIGHWAYS AND STREETS THAT INFORM THE PUBLIC THAT A STOP MADE PURSUANT TO THIS SECTION MUST BE MADE WITHOUT OBSTRUCTING TRAFFIC; AND TO AMEND SECTION 56-5-1220, AS AMENDED, RELATING TO THE DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DAMAGE TO A VEHICLE WHICH IS DRIVEN OR ATTENDED BY A PERSON, SO AS TO DELETE THE PHRASE "IN EVERY EVENT" AS IT REFERS TO INSTANCES IN WHICH A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DAMAGE TO CERTAIN VEHICLES SHALL REMAIN AT THE SCENE OF THE ACCIDENT, TO DELETE THE PHRASE "MORE THAN IS NECESSARY" AS IT REFERS TO A DRIVER INVOLVED IN AN ACCIDENT MAKING A STOP WITHOUT OBSTRUCTING TRAFFIC, AND PROVIDE THAT STATE AND LOCAL AUTHORITIES MAY ERECT SIGNS ALONG HIGHWAYS AND STREETS THAT INFORM THE PUBLIC THAT A STOP MADE PURSUANT TO THIS SECTION MUST BE MADE WITHOUT OBSTRUCTING TRAFFIC.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.
The Committee on Transportation proposed the following amendment (SWB\6031AHB04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 56-5-1210 of the 1976 Code, as last amended by Act 398 of 1996, is further amended to read:
"Section 56-5-1210. (A) The driver of a vehicle involved in an accident resulting in injury to or the death of a person immediately shall stop the vehicle at the scene of the accident or as close to it as possible. He then shall return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 56-5-1230. The stop must be made without obstructing traffic more than is necessary. A person who fails to stop or to comply with the requirements of this section, is guilty of:
(1) a misdemeanor and, upon conviction, must be imprisoned not less than thirty days nor more than one year or fined not less than one hundred dollars nor more than five thousand dollars, or both, when injury results but great bodily injury or death does not result;
(2) a felony and, upon conviction, must be imprisoned not less than thirty days nor more than ten years and fined not less than five thousand dollars nor more than ten thousand dollars when great bodily injury results; or
(3) a felony and, upon conviction, must be imprisoned not less than one year nor more than twenty-five years and fined not less than ten thousand dollars nor more than twenty-five thousand dollars when death results.
(B) Law enforcement officers or authorized employees of the Department of Transportation may move or have removed from the traveled way all disabled vehicles and vehicles involved in an accident and any debris caused by motor vehicle traffic collisions where it can be accomplished safely and may result in the improved safety or traffic flow upon the road however, where a vehicle has been involved in an accident resulting in great bodily injury or death to a person, the vehicle shall not be moved until it is authorized by the investigating law enforcement officer. The State, its political subdivisions, and its officers and employees are not liable for any damages to vehicles that result from the removal unless the removal was carried out in a reckless or grossly negligent manner. The vehicle owner and any driver or carrier of a vehicle removed under this subsection shall bear all reasonable costs of removal.
Nothing in this section shall bar recovery from an at fault party when the accident was caused by the actions of that party.
(C) 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 a bodily member or organ.
(C)(D) The department shall revoke the driver's license of the person convicted pursuant to this section."
SECTION 2. Section 56-5-1220 of the 1976 Code, as last amended by Act 398 of 1996, is further amended to read:
"Section 56-5-1220. (A) The driver of a vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by a person immediately shall stop the vehicle at the scene of the accident or collision or as close to it as possible, but shall return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 56-5-1230. The stop must be made without obstructing traffic. A person who fails to stop or comply with the requirements of this section subsection is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not less than one hundred dollars nor more than five thousand dollars, or both.
(B) If a disabled vehicle or a vehicle involved in an accident resulting only in damage to a vehicle is obstructing traffic, the driver of the vehicle shall make every reasonable effort to move any vehicle that is capable of being driven safely off the roadway as defined by Section 56-5-460 so as not to block the flow of traffic. The driver or any other person who has moved a motor vehicle to facilitate the flow of traffic as provided in this subsection before the arrival of a law enforcement officer shall not be considered liable or at fault regarding the cause of the accident solely by reason of moving the vehicle pursuant to this section.
(C) State and local authorities may erect signs along highways and streets that instruct the public that the driver of a disabled vehicle or a vehicle involved in an accident resulting only in damage to vehicles shall make every reasonable effort to move any vehicle that is capable of being driven off the roadway."
SECTION 3. Section 56-5-4100 of the 1976 Code is amended to read:
"Section 56-5-4100. (A) No vehicle may be driven or moved on any public highway unless the vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping from the vehicle, except that sand, salt, or other chemicals may be dropped for the purpose of securing traction, and water or other substance may be sprinkled on a roadway in the cleaning or maintaining of the roadway by the public authority having jurisdiction.
(B) Trucks, trailers, or other vehicles when loaded with rock, gravel, stone, or other similar substances which could blow, leak, sift, or drop must not be driven or moved on any highway unless the height of the load against all four walls does not extend above a horizontal line six inches below their tops when loaded at the loading point; or, if the load is not level, unless the height of the sides of the load against all four walls does not extend above a horizontal line six inches below their tops, and the highest point of the load does not extend above their tops, when loaded at the loading point; or, if not so loaded, unless the load is securely covered by tarpaulin or some other suitable covering; or unless it is otherwise constructed so as to prevent any of its load from dropping, sifting, leaking, blowing, or otherwise escaping from the vehicle. This subsection also includes the transportation of garbage or waste materials to locations for refuse in this State.
(C) The loader of the vehicle and the driver of the vehicle, in addition to complying with the other provisions of this section, shall sweep or otherwise remove any loose gravel or similar material from the running boards, fenders, bumpers, or other similar exterior portions of the vehicle before it is moved on a public highway.
(D) Any person operating a vehicle from which any glass or objects substances or cargo, excluding water, have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon the public highway, shall make every reasonable effort to immediately cause the public highway to be cleaned of all glass or objects substances and shall pay any costs for the cleaning.
If the person does not make every reasonable effort to clean the public highway promptly, the Department of Transportation or any law enforcement officer may, without the consent of the owner or carrier of the substance or cargo, remove or have removed the substance from the public highway if the substance or cargo is blocking the public highway or endangering public safety. The State, its political subdivisions, and their officers and employees are not liable for any damages to the substance or cargo that may result from the removal or the removal or the disposal of the substance or cargo unless the removal or disposal was carried out recklessly or in a grossly negligent manner. The State, its political subdivisions, and their officers and employees are not liable for any damages or claims of damages that may result from the failure to exercise any authority granted under this section. The owner, driver of the vehicle, or carrier of the substance or cargo removed under this subsection shall bear all reasonable costs of its removal and subsequent storage or disposition.
Nothing in this section bars a claim for damages.
(E) Any person who violates the provisions of subsections (B), (C), or (D), is guilty of a misdemeanor and, upon conviction, must be fined one hundred dollars.
(F) The provisions of this section contained in subsections (A), (B), and (C) are not applicable to and do not restrict the transportation of seed cotton, soybeans, tobacco, poultry, livestock or silage, or other feed grain used in the feeding of poultry or livestock or of paper, wastepaper utilized for the manufacture of industrial products, paper products, forest products, or textile products."
SECTION 4. Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-1536. (A) A temporary work zone area is an area on a roadway identified by orange work zone signs or equipment with flashing lights, and the presence of workers on the scene.
(B) A temporary work zone is a special hazard.
(C) The driver of a vehicle shall keep his vehicle under control when approaching or passing a temporary work zone area. The exercise of control required for a driver to comply with this section is that control possible and necessary by the driver to avoid a collision, and to avoid injury to persons or property.
(D) A person driving a vehicle approaching a temporary work zone area shall proceed with due caution, significantly reduce the speed of the vehicle, and:
(1) yield the right-of-way by making a lane change into a lane not adjacent to that of the authorized temporary work vehicle or equipment, if possible with due regard to safety and traffic conditions, if on a highway having at least four lanes with not less than two lanes proceeding in the same direction as the approaching vehicle; or
(2) maintain a safe speed for road conditions, if changing lanes is impossible or unsafe.
(E) A person who violates the provisions of this section is guilty of the misdemeanor of endangering temporary work zone personnel and, upon conviction, must be fined not less than three hundred dollars nor more than five hundred dollars."
SECTION 5. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator RICHARDSON explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bills, having been read the second time, were ordered placed on the Third Reading Calendar:
S. 1146 (Word version) -- Senator Peeler: A BILL TO AMEND ARTICLE 1, CHAPTER 61, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY MEDICAL SERVICE, SO AS TO DEFINE CERTAIN ADDITIONAL TERMS, CHANGE THE PROCEDURE FOR SUSPENSION OR REVOCATION OF A LICENSE OR A PERMIT, PROVIDE CERTAIN ACTS FOR WHICH A SERVICE MAY BE FINED, PROVIDE CERTAIN CRIMES THAT IF COMMITTED REQUIRE THE DENIAL OF CERTIFICATION, PROVIDE INSTANCES OF MISCONDUCT AND THE SUSPENSION OF A CERTIFICATE PENDING INVESTIGATION OF A COMPLAINT OF MISCONDUCT, PROVIDE FOR AN ADDITIONAL EXEMPTION, CHANGE REFERENCES TO REGULATIONS, PROVIDE FOR CONFIDENTIALITY OF PATIENT CARE RECORDS, CLARIFY LANGUAGE, AND REVISE REFERENCES.
Senator PEELER explained the Bill.
On motion of Senator PEELER, with unanimous consent, S. 1146 was ordered to receive a third reading on Friday, April 30, 2004.
S. 1212 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 6-13-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS, DUTIES, AND RESPONSIBILITIES OF THE PIONEER RURAL WATER DISTRICT OF OCONEE AND ANDERSON COUNTIES, SO AS TO AUTHORIZE THE DISTRICT TO CONSTRUCT, OPERATE, OR MAINTAIN SEWER LINES, TO AUTHORIZE THE DISTRICT TO ENTER INTO CONTRACTS WITH OTHER ENTITIES TO PERFORM THESE POWERS, AND TO PROVIDE THAT THE DISTRICT MAY NOT TREAT OR DISPOSE OF SEWERAGE.
Senator ALEXANDER explained the Bill.
On motion of Senator ALEXANDER, with unanimous consent, S. 1212 was ordered to receive a third reading on Friday, April 30, 2004.
S. 1213 (Word version) -- Senators Knotts, Setzler, Courson and Cromer: A BILL 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 SHALL NOT SERVE MORE THAN TWO CONSECUTIVE TERMS.
On motion of Senator SETZLER, with unanimous consent, S. 1213 was ordered to receive a third reading on Friday, April 30, 2004.
H. 5130 (Word version) -- Reps. E.H. Pitts, Huggins and McLeod: A BILL TO PROVIDE THAT FOR THE LEXINGTON COUNTY RESIDENT MEMBER OF THE BOARD OF TRUSTEES OF LEXINGTON-RICHLAND SCHOOL DISTRICT FIVE WHO TAKES OFFICE AFTER RECEIVING THE THIRD HIGHEST NUMBER OF VOTES IN THE GENERAL ELECTION OF 2004, FROM THOSE MEMBERS ELECTED FROM LEXINGTON COUNTY, THE TERM OF OFFICE IS FOR TWO YEARS AND UNTIL HIS SUCCESSOR ELECTED IN THE GENERAL ELECTION OF 2006 TAKES OFFICE.
On motion of Senator SETZLER, with unanimous consent, H. 5130 was ordered to receive a third reading on Friday, April 30, 2004.
S. 1148 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 56-10-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTOMATIC SUSPENSION OF A MOTOR VEHICLE REGISTRATION UPON LAPSE OR TERMINATION OF THE SECURITY REQUIRED TO OPERATE THE VEHICLE, SO AS TO PROVIDE THAT THE VEHICLE'S OWNER'S DRIVING PRIVILEGES ARE ALSO SUSPENDED WHEN THE VEHICLE'S REQUIRED SECURITY LAPSES OR TERMINATES; TO AMEND SECTION 56-10-40, AS AMENDED, RELATING TO A PROVIDER OF INSURANCE'S OR SECURITY'S OBLIGATION TO NOTIFY THE DEPARTMENT OF MOTOR VEHICLES WHEN AN AUTOMOBILE'S INSURANCE OR SECURITY LAPSES OR TERMINATES, SO AS TO REVISE THE PROCEDURE WHEREBY AN INSURANCE OR SECURITY PROVIDER MUST NOTIFY THE DEPARTMENT OF MOTOR VEHICLES WHEN AN AUTOMOBILE INSURANCE POLICY OR SECURITY LAPSES OR TERMINATES, AND TO REVISE THE DEPARTMENT OF MOTOR VEHICLE'S OBLIGATIONS TO NOTIFY A VEHICLE OWNER THAT HIS VEHICLE REGISTRATION HAS BEEN SUSPENDED; TO AMEND SECTION 56-10-220, AS AMENDED, RELATING TO THE REQUIREMENT THAT A REGISTERED VEHICLE BE INSURED, SO AS TO PROVIDE THAT THE CERTIFICATE OF INSURANCE MUST BE IN A FORM THAT HAS BEEN REVIEWED BY THE DEPARTMENT OF INSURANCE AND THE WORKING GROUP, AND TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY PROMULGATE A REGULATION TO REQUIRE PROOF OF INSURANCE ON CERTAIN NEW AND RENEWAL REGISTRATIONS; TO AMEND SECTION 56-10-240, AS AMENDED, RELATING TO THE REQUIREMENT THAT ONCE A MOTOR VEHICLE BECOMES UNINSURED, THE VEHICLE OWNER MUST OBTAIN NEW INSURANCE OR SURRENDER HIS VEHICLE REGISTRATION AND LICENSE PLATE, SO AS TO PROVIDE THAT A PERSON'S DRIVING PRIVILEGES ARE ALSO SUSPENDED WHEN HIS MOTOR VEHICLE BECOMES UNINSURED; TO AMEND SECTION 56-10-640, RELATING TO THE MOTORIST INSURANCE DATABASE PROGRAM, SO AS TO PROVIDE THAT THE WORKING GROUP SHALL ISSUE RECOMMENDATIONS REGARDING THE IMPLEMENTATION OF THE PROGRAM AND ISSUE ANNUAL REPORTS ON THE PROGRAM'S EFFECTIVENESS; TO AMEND SECTION 56-10-650, RELATING TO THE SUSPENSION OF THE LICENSE PLATE OF AN UNINSURED MOTOR VEHICLE, SO AS TO REVISE THE PERIOD OF TIME A PERSON MUST VERIFY THAT HIS MOTOR VEHICLE IS INSURED OR EXEMPT FROM THE FINANCIAL SECURITY REQUIREMENTS BEFORE HIS DRIVING PRIVILEGES AND VEHICLE LICENSE PLATES WILL BE SUSPENDED; TO AMEND SECTION 38-55-50, RELATING TO THE PROVISIONS THAT PROHIBIT DISCRIMINATION IN THE OFFERING OF INSURANCE POLICIES, SO AS TO PROVIDE THAT A LICENSED AGENT OR BROKER MAY CHARGE CERTAIN ADMINISTRATIVE FEES FOR INCIDENTAL SERVICES TO CERTAIN INDIVIDUALS ASSOCIATED WITH UNINSURED MOTORIST RELATED TRANSACTIONS AND THE ELECTRONIC REPORTING OF INFORMATION TO THE DEPARTMENT OF MOTOR VEHICLES; AND TO AMEND SECTION 38-77-340, RELATING TO AGREEMENTS TO EXCLUDE NATURAL PERSONS FROM INSURANCE COVERAGE, SO AS TO REVISE THE PROCEDURES FOR EXECUTING THESE AGREEMENTS.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator KNOTTS proposed the following amendment (MS\ 7300AHB04), which was adopted:
Amend the bill, as and if amended, Section 56-10-650(A), as contained in SECTION 6, page 6, line 13, after / twenty / by inserting / working /
Amend the bill further, Section 38-55-50, as contained in SECTION 7, page 7, line 13, by deleting / operating / and inserting / reporting /
Amend the bill further, Section 38-77-340, as contained in SECTION 8, page 7, line 38, after / unless / by inserting / the named insured declares in the agreement that /
Renumber sections to conform.
Amend title to conform.
Senator KNOTTS explained the amendment.
The amendment was adopted.
Senator RITCHIE explained the Bill.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator KNOTTS, with unanimous consent, S. 1148 was ordered to receive a third reading on Friday, April 30, 2004.
S. 1156 (Word version) -- Senator O'Dell: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 34 SO AS TO ENACT THE SOUTH CAROLINA IMMUNIZATION REGISTRY ACT WHICH PROVIDES FOR AN ELECTRONIC REPOSITORY OF VACCINATION RECORDS TO BE USED IN AIDING CHILDHOOD DISEASE PREVENTION AND CONTROL.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Committee on Medical Affairs proposed the following amendment (NBD\12509AC04), which was adopted:
Amend the bill, as and if amended, Section 44-34-20, page 1, line 40 by deleting /eighteen/ and inserting /nineteen/.
Amend the bill, further, Section 44-34-20(1), page 2, line 5 after /last;/ by inserting /address;/.
Amend the bill, further, Section 44-34-40, page 2, line 37 by deleting /eighteen/ and inserting /nineteen/.
Amend the bill, further, Section 44-34-50, page 3, line 5 by deleting /eighteen/ and inserting /nineteen/.
Amend the bill, further, Section 44-34-70 by deleting on page 3, lines 41 and 42 and on page 4, lines 1 and 2.
Amend the bill, further, page 4, immediately after line 5 by inserting:
/Section 44-34-80. (A) A person must not use the registry to obtain information necessary to apply for a birth certificate, locate an individual who is not a patient of their practice, health plan, or school, determine the market share of competitors, engage in any commercial purpose, or enroll persons in lawsuits.
(B) A person who violates subsection (A) must be denied further access to the registry and is guilty of a misdemeanor and, upon conviction, may be fined not more than two hundred dollars or imprisoned for not more than thirty days./
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted.
Senator O'DELL proposed the following amendment (1156R001.WHO), which was adopted:
Amend the bill, as and if amended, page 2, by striking lines 23 - 28 and inserting:
/ Vaccination data reporting requirements, including without limitation the types of data required to be reported and the time and manner of reporting the data, shall be required after the registry has established linkages to vaccine providers and must be established by the department in consultation with the United States Centers for Disease Control and Prevention. /
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator O'DELL, with unanimous consent, S. 1156 was ordered to receive a third reading on Friday, April 30, 2004.
S. 758 (Word version) -- Senators Hawkins, Mescher, Knotts, Kuhn and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-117 SO AS TO PROVIDE FLEXIBILITY IN THE PROMULGATION OF REGULATIONS THAT ADVERSELY IMPACT SMALL BUSINESSES, TO DEFINE "SMALL BUSINESS", TO REQUIRE EXAMINATION OF REGULATORY ALTERNATIVES, TO PROVIDE FOR REVIEW OF AN AGENCY DECISION IN THIS CONNECTION, TO REQUIRE REVIEW OF AGENCY REGULATIONS IN THE CONTEXT OF PROMOTING FLEXIBILITY IN PROMULGATING REGULATIONS THAT ADVERSELY IMPACT SMALL BUSINESSES, AND TO PROVIDE FOR EMERGENCY REGULATIONS; TO AMEND SECTION 1-23-10, RELATING TO DEFINITIONS IN CONNECTION WITH THE PROMULGATION OF REGULATIONS, SO AS TO INCLUDE "SMALL BUSINESSES" AND A REFERENCE TO SECTION 1-23-117; AND TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO REQUIRE AN AGENCY SUBMITTING A REGULATION FOR REVIEW TO ALSO SUBMIT THE DOCUMENTS AN AGENCY IS REQUIRED TO PREPARE PURSUANT TO THIS ACT.
On motion of Senator HUTTO, with unanimous consent, the Bill was recommitted to the Committee on Judiciary.
S. 1214 (Word version) -- Senator Thomas: A CONCURRENT RESOLUTION TO COMMEND AND ACKNOWLEDGE THE CONGREGATION OF FIRST BAPTIST CHURCH OF MAULDIN FOR BEING THE BENCHMARK FOR CHRISTIAN SERVICE IN SOUTH CAROLINA AND TO DECLARE AUGUST 22, 2004, AS "FIRST BAPTIST CHURCH OF MAULDIN DAY" IN RECOGNITION OF ITS ONE HUNDREDTH ANNIVERSARY AND ITS WONDERFUL MINISTRY AND MISSION.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1215 (Word version) -- Senators Leatherman, McGill, Malloy, Glover, Land and Elliott: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE OF INTERSTATE 95 AND HIGHWAY 327 IN FLORENCE COUNTY IN HONOR OF MR. ROBERT W. WILLIAMS, JR. FOR HIS LONG AND OUTSTANDING CAREER AS A PIONEER OF RURAL ELECTRIFICATION AND INSTALL APPROPRIATE MARKERS OR SIGNS ON THE INTERCHANGE SO THAT AS THE PUBLIC PASSES, THEY WILL REMEMBER MR. WILLIAMS' CONTRIBUTIONS TO THE COMMUNITY.
The Concurrent Resolution was adopted, ordered sent to the House.
On motion of Senator MALLOY, with unanimous consent, the names of Senators MALLOY, GLOVER, LAND and ELLIOTT were added as co-sponsors of the Resolution.
S. 530 (Word version) -- Senators Giese, Kuhn, Knotts, Hayes, Peeler, Ritchie, Ryberg, Mescher, Branton, Alexander, Elliott, Moore, Waldrep, Thomas, Holland, Matthews, Pinckney, Patterson, Verdin, Courson, Leatherman, Short, Fair and Gregory: A BILL TO AMEND SECTION 59-17-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARACTER EDUCATION IN SCHOOLS, SO AS TO PROVIDE THAT A TEACHER IN A PUBLIC SCHOOL OF THIS STATE SHALL INDICATE A LETTER GRADE AND COMMENTS ON A STUDENT'S REPORT CARD UNDER THE SUBJECT HEADING OF "CONDUCT" AS AN ASSESSMENT OF HOW THE STUDENT EXPRESSES CERTAIN CHARACTERISTICS.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator GIESE proposed the following amendment (530R002.WKG), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Section 59-17-135 of the 1976 Code, as added by Act 4 of 2001, is amended by adding a lettered subsection at the end to read:
"( )(1) Conduct grades are intended to provide parents or guardians with an assessment of student behavior and must not be included as part of a student's transcript or in the compilation of a student's GPA. Each teacher in a public school of this State shall indicate a conduct grade on a student's report card for each subject taught. However, if a teacher provides instruction in more than one subject to the same student, an overall conduct grade may be issued. Conduct grades must be indicated by the letter 'S' for satisfactory, 'N' for needs improvement, or 'U' for unsatisfactory. If a student receives a letter grade of 'N' or 'U', a teacher comment must be provided as an explanation of the grade. Comments for a student receiving a letter grade of 'S' are optional.
(2) A school or district with a conduct grading program in place before the effective date of this subsection may have the program reviewed by the State Department of Education, Office of Character Education to determine whether the program meets the intent of this section. If a determination is made that the intent is met, the Office of Character Education may grant permission for continuation of the current program." /
Renumber sections to conform.
Amend title to conform.
Senator KUHN explained the amendment.
The amendment was adopted.
On motion of Senator HUTTO, with unanimous consent, the Bill was carried over, as amended.
At 12:36 P.M., on motion of Senator FORD, the Senate receded from business not to exceed five minutes.
At 12:54 P.M., the Senate resumed.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 95 (Word version) -- Senators Gregory and Cromer: 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.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the Amendment P-1 (95R001.DLT) proposed by Senator THOMAS and previously printed in the Journal of March 10, 2004.
Senator THOMAS proposed the following previously published Amendment P-1 (95R001.DLT), which was adopted:
Amend the committee report, as and if amended, page [95-2], after line 23, by adding a new paragraph to read:
/ This section does not apply to actions to recover damages based on exterior insulation and finishing systems. /
Amend the committee report further, page [95-2], by striking line 40 and inserting:
/ completion of the improvement or component, with the exception of actions to recover damages based on exterior insulation and finishing systems, which must be brought within thirteen years of substantial completion of the project. /
Renumber sections to conform.
Amend title to conform.
Senator GREGORY explained the amendment.
Senator GREGORY moved that the amendment be adopted.
The amendment was adopted.
At 1:29 P.M., on motion of Senator MARTIN, the Senate receded from business not to exceed five minutes.
At 1:35 P.M., the Senate resumed.
The Committee on Judiciary proposed the following amendment (JUD0095.006), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:
TO AMEND SECTION 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 TEN YEARS AFTER SUBSTANTIAL COMPLETION OF THE IMPROVEMENT FOR BRINGING THE ACTION.
SECTION 1. Section 15-3-640 of the 1976 Code is amended to read:
"Section 15-3-640. No actions to recover damages based upon or arising out of the defective or unsafe condition of an improvement to real property may be brought more than thirteen ten years after substantial completion of such an the improvement. For purposes of this section, an action based upon or arising out of the defective or unsafe condition of an improvement to real property includes:
(1) an action to recover damages for breach of a contract to construct or repair an improvement to real property;
(2) an action to recover damages for the negligent construction or repair of an improvement to real property;
(3) an action to recover damages for personal injury, death, or damage to property;
(4) an action to recover damages for economic or monetary loss;
(5) an action in contract or in tort or otherwise;
(6) an action for contribution or indemnification for damages sustained on account of an action described in this subdivision;
(7) an action against a surety or guarantor of a defendant described in this section;
(8) an action brought against any current or prior owner of the real property or improvement, or against any other person having a current or prior interest in the real property or improvement; or
(9) an action against owners or manufacturers of components, or against any person furnishing materials, or against any person who develops real property, or who performs or furnishes the design, plans, specifications, surveying, planning, supervision, testing, or observation of construction, or construction of an improvement to real property, or a repair to an improvement to real property.
This section describes an outside limitation of thirteen ten years after the substantial completion of the improvement, within which normal statutes of limitations continue to run.
Any A building permit for the construction of an improvement to real property shall must contain in bold type notice to the owner or possessor of the property of his rights under this section to contract for a guarantee of the structure being free from defective or unsafe conditions beyond thirteen ten years after substantial completion of the improvement. The Department of Consumer Affairs shall publish in conspicuous places the right of any an owner or possessor to contract for such extended liability under this section. Nothing in this section shall prohibit any prohibits a person from entering into any a contractual agreement prior to the substantial completion of the improvement which extends any guarantee of a structure or component being free from defective or unsafe conditions beyond thirteen ten years after substantial completion of the improvement or component.
For any improvement to real property, a certificate of occupancy issued by a county or municipality shall constitute proof of substantial completion of the improvement under the provisions of Section 15-3-630, unless the contractor and owner, by written agreement, establish a different date of substantial completion."
SECTION 2. The provisions of this act apply to any improvement to real property for which construction begins on or after January 1, 2004.
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the committee amendment.
The committee amendment was adopted, as amended.
Senator GREGORY proposed the following Amendment No. 1 (95R008.CKG), which was adopted:
Amend the committee report, as and if amended, by striking / ten / on:
page [95-1], line 39;
page [95-2], line 24;
page [95-2], line 31; and
page [95-2], line 39;
and inserting:
/ nine /.
Renumber sections to conform.
Amend title to conform.
Senator GREGORY explained 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 with amendments.
Senator MARTIN was recognized.
S. 1075 (Word version) -- Senators Short, Hayes, Hutto, Leventis, Peeler, Martin, Moore, Giese, Verdin, Fair, Reese, Setzler, O'Dell, Malloy, Knotts and Cromer: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 32 SO AS TO ENACT THE "SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT" INCLUDING PROVISIONS TO PROVIDE PROPERTY TAX CREDITS OR INCOME AND OTHER TAX CREDITS FOR REHABILITATION EXPENSES MADE TO ELIGIBLE SITES WHICH HAVE BEEN USED AS A TEXTILE MANUFACTURING FACILITY OR FOR ANCILLARY PURPOSES.
Senator SHORT asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The House returned the Bill with amendments.
The Senate proceeded to a consideration of the Bill. The question then was concurrence in the House amendments.
Senator MOORE was recognized.
At 2:32 P.M., with Senator MOORE retaining the floor, on motion of Senator SHORT, with unanimous consent, the Senate receded from business not to exceed two minutes.
At 2:38 P.M., the Senate resumed.
Senator MOORE resumed speaking on the Bill.
The question then was concurrence in the House amendments.
On motion of Senator MOORE, the Senate unanimously 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.
On motion of Senator McCONNELL, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:
Having received a favorable report from the Committee on Education, the following appointments were confirmed in open session:
Initial Appointment, War Between the States Heritage Trust Commission, with term coterminous with Governor
Governor
Everett M. Clark, Jr., 3993 Bachman Dr., West Columbia, S.C. 29172
Initial Appointment, South Carolina Arts Commission, with term to commence June 30, 2003, and to expire June 30, 2006
At-Large
Charles T. Ferillo, Jr., Ferillo & Associates, Inc., P. O. Box 5975, Columbia, S.C. 29250 VICE Patrick R. VanHuss (resigned)
Having received a favorable report from the Committee on Fish, Game and Forestry, the following appointments were confirmed in open session:
Initial Appointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 2000, and to expire July 1, 2004
4th Congressional District
Karen Kanes Floyd, The Palladian Group, 113 West Main Street, Spartanburg, S.C. 29302 VICE Joab M. Lesesne
Reappointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 2004, and to expire July 1, 2008
4th Congressional District
Karen Kanes Floyd, The Palladian Group, 113 West Main Street, Spartanburg, S.C 29302
Having received a favorable report from the Committee on Judiciary, the following appointments were confirmed in open session:
Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2004, and to expire June 30, 2007
5th Congressional District
A. Barnes Boyle, Boyle Motor Co., P. O. Box 1209, Sumter, S.C. 29151 VICE Rev. Flor Morales
Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2004, and to expire June 30, 2007
6th Congressional District
Ariel T. Rosamond, 1351 Amelia Street, Orangeburg, S.C. 29115 VICE Jacquetta P. Jones
Initial Appointment, Director of the Department of Public Safety, with term to commence February 1, 2004, and to expire February 1, 2008
Director
James K. Schweitzer, 8 Somersby Ct., Blythewood, S.C. 29016
Initial Appointment, South Carolina State Commission for Minority Affairs, with term to commence June 30, 2003, and to expire June 30, 2007
At-Large
Vernon M. Tanner, 501 Tanner Lane, Hemingway, S.C. 29554
Having received a favorable report from the Committee on Medical Affairs, the following appointments were confirmed in open session:
Initial Appointment, South Carolina Commission on Disabilities and Special Needs, with term to commence June 30, 2000, and to expire June 30, 2004
1st Congressional District
Edythe C. Dove, 8757 East Fairway Woods Circle, North Charleston, S.C. 29420 VICE Kitty Mescher
Reappointment, South Carolina Commission on Disabilities and Special Needs, with term to commence June 30, 2004, and to expire June 30, 2008
1st Congressional District
Edythe C. Dove, 8757 East Fairway Woods Circle, North Charleston, S.C. 29420
Initial Appointment, South Carolina Mental Health Commission, with term to commence July 31, 2003, and to expire July 31, 2008
5th Congressional District
Alison Y. Evans, 612 West Carolina Ave., Hartsville, S.C. 29551 VICE Douglas F. Gay
Initial Appointment, South Carolina Commission on Disabilities and Special Needs, with term to commence June 30, 2003, and to expire June 30, 2007
At-Large
W. Robert Harrell, 7449 Hendersonville Hwy., Yemassee, S.C. 29945 VICE Linda C. Kidd
Initial Appointment, South Carolina Mental Health Commission, with term to commence March 21, 2001, and to expire March 21, 2006
3rd Congressional District
Jane B. Jones, Century 21 - Flynn/Youngblood Co., 3401-A Earle E. Morris, Jr. Hwy., Piedmont, S.C. 29673 VICE George C. Wilson (vacated)
Initial Appointment, South Carolina Mental Health Commission, with term to commence March 21, 2004, and to expire March 21, 2009
1st Congressional District
Joan Moore, 110 Kenningtin Drive, Goose Creek, S.C. 29445 VICE Louise R. Ravenel
Initial Appointment, South Carolina State Agency of Vocational Rehabilitation, with term to commence March 15, 2004, and to expire March 15, 2011
1st Congressional District
Joseph A. Thomas, 2052 Pitch Landing Road, Conway, S.C. 29527 VICE Bernard H. Baum
Senator McCONNELL moved that, when the Senate adjourns on Friday, April 30, 2004, it stand adjourned to meet next Tuesday, May 4, 2004, at 12:00 Noon, which motion was adopted.
At 2:47 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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