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 the Chaplain as follows:
Beloved, nearly 2,000 years ago, St. Matthew recorded these words spoken near the Sea of Galilee, Chapter 5:9:
"Blessed are the peacemakers
For they will be called the children of God (Lit.sons)."
Let us pray.
Father, we pray that the Spirit of reconciliation and reason may permeate the minds and hearts and wills of all leaders involved directly or indirectly in the conflicts of the Middle East.
Blessed Lord, hear the cries of the children, the young people and old people who yearn and pray for an opportunity to establish families and use their resources to build homes and synagogues and churches, and schools and libraries and hospitals that will enrich their lives.
Father, give us divine intervention even as You did on the beaches of France in the nineteen forties!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following was received and referred to the appropriate committee for consideration:
Document No. 2901
Agency: Department of Social Services
SUBJECT: Child Care Centers Licensing Regulations
Received by Lieutenant Governor June 1, 2004
Referred to General Committee
Legislative Review Expiration September 28, 2004
(Subject to Sine Die Revision)
At 11:08 A.M., Senator SETZLER made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator SETZLER moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Courson Cromer Drummond Elliott Fair Ford Giese Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Kuhn Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Ravenel Richardson Ritchie Ryberg Setzler Sheheen Short Smith, J. Verne Thomas Verdin
A quorum being present, the Senate resumed.
Senator REESE recorded his presence subsequent to the Call of the Senate.
On motion of Senator MATTHEWS, at 11:15 A.M., Senator PINCKNEY was granted a leave of absence for today and tomorrow.
In commemoration of continuous service with the State of South Carolina, Senator McCONNELL, PRESIDENT Pro Tempore of the Senate, presented certificates and awarded service pins to the following Senate staff for their respective years of state service:
20 Year Pins
Paula Benson
Mike Couick
Alicia Eatmon
Mary Lou Price
Barbara Satterwhite
30 Year Pins
Sharon Fennell
Kathie Marsh
Betty Graham
Senator McCONNELL also presented certificates and service pins to the following Senators for their respective years of service:
10 Year Pin
Senator John M. "Jake" Knotts
20 Year Pins
Senator John Courson
Senator Mike Fair
Senator Robert Hayes
Senator Arthur Ravenel
Senator David Thomas
30 Year Pins
Senator Kay Patterson
Senator John Matthews
40 Year Pin
Senator John Drummond
All were highly commended for their years of devoted and loyal service.
On motion of Senator McCONNELL, the Privilege of the Floor was extended to Mrs. Susan Smith Barden, Assistant Director of Research and Attorney to the Senate Judiciary Committee, to commend her on her outstanding performance and extend to her the Senate's best wishes as she embarks in a new position as an at-large member of the Workers' Compensation Commission.
Mrs. Barden was presented a framed Resolution that read as follows:
S. 1263 (Word version) -- Senator McConnell: A SENATE RESOLUTION TO COMMEND SUSAN SMITH BARDEN, ASSISTANT DIRECTOR OF RESEARCH AND ATTORNEY TO THE SOUTH CAROLINA SENATE JUDICIARY COMMITTEE, FOR HER EXCELLENT SERVICE TO THE COMMITTEE AND THE SENATE AS A WHOLE, AND TO EXTEND BEST WISHES TO HER AS SHE IS APPOINTED AND CONFIRMED IN HER NEW POSITION AS AN AT-LARGE MEMBER OF THE WORKERS' COMPENSATION COMMISSION.
Whereas, Susan Smith Barden grew up in Hartsville, South Carolina, the daughter of Augusta Groome (Pat) Smith and the late Sterling Smith; and
Whereas, after graduating from Converse College with a Bachelor's of Music in Piano Performance in 1981, and from Wake Forest University School of Law in 1984, and after working for United States Attorney Henry D. McMaster as a second year law student in 1983, Susan was employed as a Staff Attorney with the Senate Judiciary Committee in 1985; and
Whereas, in 1988, she became Assistant Director of Research and Attorney to the Senate Judiciary Committee; and
Whereas, in 1990, she served as Director of Research for the Senate Agriculture Committee, chaired by Senator John C. Land III, before returning to the Senate Judiciary Committee in 1991 as Assistant Director of Research and Attorney to the committee; and
Whereas, she has the distinction of having served as Assistant Director of Research and Attorney to the Senate Judiciary Committee for three chairmen, Senator Marshall B. Williams of Orangeburg, Senator Donald H. Holland of Kershaw, and Senator Glenn F. McConnell of Charleston; and
Whereas, her expertise in research and drafting legislation has proven an invaluable asset to the Senate Judiciary Committee and the Senate as a whole in many diverse fields including, but not limited to: Alcoholic Beverages, Campaign Finance and Ethics, Concealed Weapons, Election Law, Family Law, Gambling and Lottery Issues, Homeland Security, Probate, Reapportionment, Restructuring, and Workers' Compensation; and
Whereas, the members and staff of the Senate will miss her strong work ethic, professionalism, gracious assistance, and prevailing good humor; and
Whereas, with the loving support of her husband David and children Charlotte and Will, Susan will soon embark on a new career challenge serving as a member of the Workers' Compensation Commission; and
Whereas, the members of the Senate express their sincere gratitude to Susan for her many years of dedicated and excellent service to the General Assembly and State of South Carolina; and
Whereas, although her presence in the Senate will be missed, her resourcefulness and depth of knowledge will continue to benefit and enhance the well-being of the officials, employees, and citizens of this State. Now, therefore,
Be it resolved by the Senate:
That the members of the Senate commend Susan Smith Barden, for her excellent service to the Senate Judiciary Committee and the Senate as a whole, and extend best wishes to her as she is appointed and confirmed in her new position as an at-large member of the Workers' Compensation Commission.
Be it further resolved that a copy of this resolution be presented to Susan Smith Barden.
The Senate Resolution was adopted.
On motion of Senator McCONNELL, with unanimous consent, Mrs. Barden was granted leave to address brief remarks to the members.
H. 5384 (Word version) -- Reps. Whitmire and Sandifer: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 76 IN OCONEE COUNTY FROM THE VILLAGE OF LONG CREEK TO THE CHATTOOGA RIVER THE "MATHESON MEMORIAL HIGHWAY" AND INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "MATHESON MEMORIAL HIGHWAY".
Senator ALEXANDER asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
The Resolution was recalled and ordered placed on the Calendar for consideration tomorrow.
H. 5389 (Word version) -- Reps. Miller, Breeland, Altman, Mack, Scarborough and Whipper: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 17 IN CHARLESTON COUNTY BETWEEN DOAR ROAD AND SEEWEE ROAD THE "WILLIAM H. ALSTON HIGHWAY" AND PLACE APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "WILLIAM H. ALSTON HIGHWAY".
Senator RAVENEL asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection and the Resolution was recalled.
Senator RAVENEL 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 RAVENEL, with unanimous consent, the Resolution was adopted and ordered returned to the House.
H. 5391 (Word version) -- Reps. Davenport and W.D. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR ROGER MILLIKEN FOR HIS CONTRIBUTIONS TO THE GREENVILLE-SPARTANBURG INTERNATIONAL AIRPORT AND TO REQUEST THAT THE GREENVILLE-SPARTANBURG AIRPORT COMMISSION NAME THE AIRFIELD LOCATED AT THE GREENVILLE-SPARTANBURG INTERNATIONAL AIRPORT, "ROGER MILLIKEN FIELD".
Senator RITCHIE asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection and the Resolution was recalled.
Senator RITCHIE asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
The Concurrent Resolution was adopted, ordered returned to the House.
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.
Senator GREGORY asked unanimous consent to make a motion to recall the Bill from the Committee on Fish, Game and Forestry.
There was no objection and the Bill was recalled.
Senator LAND asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator LAND asked unanimous consent, to give the Bill a second reading with notice of general amendments.
There was no objection.
H. 5333 (Word version) -- Reps. J.E. Smith and Harrell: A JOINT RESOLUTION PROVIDING UP TO AN ADDITIONAL THIRTY DAYS MILITARY LEAVE IN SUBSEQUENT YEARS FOR A STATE EMPLOYEE CALLED TO ACTIVE DUTY AS A RESULT OF "OPERATION ENDURING FREEDOM" OR "OPERATION NOBLE EAGLE", OR WHO SERVES IN A UNIT FEDERALIZED FOR DUTY IN CONNECTION WITH POTENTIAL OR ACTUAL HOSTILITIES IN IRAQ, OR ANY COMBINATION OF THESE DUTIES, WHEN THE EMERGENCY GIVING RISE TO THE EMERGENCY EXTENDS INTO A SUBSEQUENT YEAR.
Senator LEATHERMAN asked unanimous consent to make a motion to recall the Resolution from the Committee on Finance.
There was no objection and the Resolution was recalled.
Senator LEATHERMAN 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 second reading of the Resolution.
On motion of Senator LEATHERMAN, with unanimous consent, the Resolution was read the second time and ordered placed on the third reading Calendar.
On motion of Senator LEATHERMAN, with unanimous consent, H. 5333 was ordered to receive a third reading on Wednesday, June 2, 2004.
The following were introduced:
S. 1280 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE GAFFNEY ELK'S LODGE #1305 ON THE OCCASION OF ITS FIFTIETH ANNIVERSARY AND TO EXTEND BEST WISHES TO THE LODGE FOR CONTINUED SUCCESS IN THE FUTURE.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1281 (Word version) -- Senator Knotts: A SENATE RESOLUTION TO RECOGNIZE AND THANK FOREST M. "MAC" MARCATO OF MONTGOMERY, ALABAMA, FOR HIS CONTRIBUTIONS TO HIGHWAY SAFETY AND THE SAVING OF LIVES IN SOUTH CAROLINA, AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 1282 (Word version) -- Senator Matthews: A SENATE RESOLUTION TO CONGRATULATE AND RECOGNIZE THE CONTRIBUTIONS OF THE REVEREND SAMUEL BOOKER MARSHALL FOR HIS THIRTY YEARS OF SERVICE AS A MEMBER OF ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICT NO. 3.
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The Senate Resolution was adopted.
S. 1283 (Word version) -- Senator Patterson: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE ST. MATTHEWS FIRST BAPTIST CHURCH IN WINNSBORO ON THE OCCASION OF ITS 125TH ANNIVERSARY, AND TO EXTEND BEST WISHES TO THE CHURCH AS IT CONTINUES TO SPREAD THE WORD OF GOD.
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The Concurrent Resolution was adopted, ordered returned to the House.
H. 4869 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 16-11-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON PARKING ON PRIVATE PROPERTY WITHOUT THE OWNER'S CONSENT AND THE REMOVAL OF THE VEHICLE, SO AS TO DELETE THE PROVISION THAT REQUIRES THE OWNER OF COMMERCIAL PROPERTY TO POST A NOTICE ON HIS PROPERTY THAT PROHIBITS PARKING, AND TO DELETE A CODE REFERENCE; TO AMEND SECTION 29-15-10, AS AMENDED, RELATING TO LIENS FOR REPAIRS OR STORAGE, SO AS TO REVISE THE PROCEDURES FOR EXECUTING LIENS FOR REPAIRS OR STORAGE OF VEHICLES; TO AMEND SECTION 56-5-2525, RELATING TO REQUIRING A TOWING COMPANY THAT TOWS A MOTOR VEHICLE WITHOUT ITS OWNER'S KNOWLEDGE TO NOTIFY A LAW ENFORCEMENT AGENCY THAT IT TOWED THE VEHICLE, SO AS TO PROVIDE THAT THE LAW ENFORCEMENT AGENCY THAT RECEIVES THIS NOTICE MUST CREATE A REPORT AND FURNISH THE TOWING COMPANY WITH ITS DOCUMENT NUMBER, AND PROVIDE THAT NOTIFICATION IS NOT REQUIRED WHEN TOWING IS DONE AT THE DIRECTION OF A LAW ENFORCEMENT OFFICER; TO AMEND SECTION 56-5-5630, AS AMENDED, RELATING TO CERTAIN NOTICE THAT MUST BE PROVIDED TO OWNERS AND LIENHOLDERS OF VEHICLES THAT HAVE BEEN TAKEN INTO CUSTODY, SO AS TO REVISE THE DEFINITION OF THE TERM "VEHICLE", TO REVISE THE CONTENTS OF THE NOTICE THAT MUST BE PROVIDED TO THE OWNERS AND LIENHOLDERS OF THE VEHICLES, TO DELETE THE PROVISION THAT ALLOWS CERTAIN STORAGE COSTS TO BE RECOVERED FROM THE PROCEEDS OF THE SALE OF THE VEHICLES, AND TO PROVIDE THAT COSTS ASSOCIATED WITH TOWING AND STORAGE OF CERTAIN STOLEN VEHICLES MAY BE RECOVERED UPON THE COURT'S ORDER OF RESTITUTION; TO AMEND SECTION 56-5-5635, RELATING TO LAW ENFORCEMENT TOWING PROCEDURES, SO AS TO PROVIDE THAT CERTAIN FEES MAY BE RECOVERED BY A TOWING OR STORAGE OPERATOR EVEN THOUGH HE HAS FAILED TO PROVIDE A LAW ENFORCEMENT AGENCY A LIST DESCRIBING THE VEHICLES OR OTHER PROPERTY THE AGENCY HAS REQUESTED TO BE TOWED, TO REVISE THE AMOUNT OF STORAGE COSTS THAT MAY BE CHARGED UNDER CERTAIN CIRCUMSTANCES, TO REVISE THE PROCEDURE TO NOTIFY OWNERS AND LIENHOLDERS OF VEHICLES, TO REVISE THE PROCEDURE TO ALLOW THE STORAGE FACILITY TO RELEASE CERTAIN ITEMS CONTAINED IN A STORED VEHICLE TO ITS OWNER, AND TO PROVIDE A PROCEDURE FOR LAW ENFORCEMENT AGENCIES TO FOLLOW WHEN THEY STORE VEHICLES ON THEIR PREMISES FOR SALE; TO AMEND SECTION 56-5-5640, AS AMENDED, RELATING TO THE SALE OF UNCLAIMED VEHICLES AND THE DISPOSITION OF THE PROCEEDS FROM THEIR SALE, SO AS TO MAKE CERTAIN TECHNICAL CHANGES, CHANGE A CODE REFERENCE, AND TO PROVIDE THAT THE MAGISTRATE SHALL NOTIFY CERTAIN PERSONS THAT THEY MAY CLAIM THE PROCEEDS FROM THE SALE OF A VEHICLE INSTEAD OF THE PROPRIETOR, OWNER, OR OPERATOR OF A STORAGE PLACE; TO AMEND SECTION 56-5-5850, AS AMENDED, RELATING TO THE ATTACHMENT OF COLORED TAGS ON CERTAIN VEHICLES THAT ARE LEFT UNATTENDED ON A HIGHWAY OR PUBLIC OR PRIVATE PROPERTY, SO AS TO PROVIDE THAT THE COLORED TAG SHALL SERVE AS THE ONLY LEGAL NOTICE THAT THE VEHICLE WILL BE REMOVED TO A DESIGNATED PLACE TO BE SOLD IF THE VEHICLE IS NOT REMOVED WITHIN A CERTAIN PERIOD OF TIME, AND TO DELETE ALL PROVISIONS THAT RELATE TO NOTICE REQUIREMENTS BEFORE THE VEHICLE IS SOLD AND THE SALE OF THE VEHICLE; AND TO AMEND SECTION 56-19-840, RELATING TO REQUIRING AN OPERATOR OF A PLACE OF BUSINESS FOR GARAGING, REPAIRING, PARKING, OR STORING CERTAIN VEHICLES TO REPORT UNCLAIMED VEHICLES IN HIS POSSESSION TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE REPORT MAY BE SUBMITTED BEFORE THE EXPIRATION OF THE REPORTING PERIOD, BUT NOT AFTER THE PERIOD EXPIRES, AND TO REVISE THE DEFINITION OF THE TERM "UNCLAIMED".
Read the first time and referred to the Committee on Judiciary.
H. 5210 (Word version) -- Reps. Bales, J. Brown, Cotty, Howard, Lourie, J. H. Neal, Rutherford, Scott and J. E. Smith: A BILL TO ENACT THE RICHLAND COUNTY SCHOOL DISTRICT PROPERTY TAX RELIEF ACT BY ALLOWING THE IMPOSITION OF A SALES AND USE TAX EQUAL TO ONE PERCENT OF GROSS SALES IN RICHLAND COUNTY FOLLOWING APPROVAL OF THE TAX BY THE QUALIFIED ELECTORS OF THE COUNTY IN A REFERENDUM HELD AT THE TIME OF THE 2004 GENERAL ELECTION, TO PROVIDE THAT THE TAX IS IMPOSED FOR SEVEN YEARS AND MAY BE EXTENDED OR REIMPOSED BY THE GENERAL ASSEMBLY BY LAW, TO PROVIDE THAT THE TAX IS IMPOSED IN THE SAME MANNER AND WITH THE SAME EXEMPTIONS AND MAXIMUM TAXES APPLICABLE FOR THE FIVE PERCENT STATE SALES AND USE TAX WITH AN ADDITIONAL EXEMPTION FROM THE ONE PERCENT TAX FOR FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO PROVIDE THAT THE REVENUE OF THE TAX MUST BE ALLOTTED TO THE SCHOOL DISTRICTS OF RICHLAND COUNTY BASED ON AVERAGE DAILY NUMBER OF STUDENTS RESIDING IN THAT PORTION OF THE DISTRICT THAT IS IN RICHLAND COUNTY AND ALSO BASED ON THE POPULATION OF THE DISTRICT, TO PROVIDE THAT THE REVENUE MUST BE USED TO PROVIDE A CREDIT AGAINST THE SCHOOL TAX LIABILITY FOR PROPERTY IN THE DISTRICT AND TO PROVIDE THE METHOD OF CALCULATING THE CREDIT, AND TO PROVIDE THAT REFERENDUMS TO APPROVE MILLAGE INCREASES OR BOND AUTHORIZATIONS FOR ANY PURPOSE IN RICHLAND COUNTY MAY ONLY BE HELD ON THE FIRST TUESDAY WHICH FOLLOWS THE FIRST MONDAY IN NOVEMBER OF A PARTICULAR YEAR.
Read the first time and referred to the Committee on Finance.
H. 5392 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE ELLEN H. HENDERSON FOR HER DEDICATION TO THE FIELD OF EDUCATION UPON HER RETIREMENT AS DIRECTOR OF MEMBER SERVICES FOR THE SOUTH CAROLINA SCHOOL BOARDS ASSOCIATION.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5393 (Word version) -- Reps. Scott, 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, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, 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 COMMEND THE EXTRAORDINARY HEROISM OF CORPORAL FREDDIE STOWERS AND TO HONOR HIM AS THE FIRST AFRICAN AMERICAN TO BE AWARDED THE MEDAL OF HONOR FOR WORLD WAR I OR WORLD WAR II.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5399 (Word version) -- Reps. Govan, Allen, Breeland, J. Brown, R. Brown, Clyburn, Cobb-Hunter, Gourdine, J. Hines, M. Hines, Hosey, Howard, Kennedy, Lee, Lloyd, Mack, Moody-Lawrence, J. H. Neal, Parks, Rutherford, Scott, F. N. Smith, Weeks and Whipper: A CONCURRENT RESOLUTION TO COMMEND MR. JOEY R. PRESTON, ANDERSON COUNTY ADMINISTRATOR, FOR HIS OUTSTANDING SUCCESS AS A COUNTY ADMINISTRATOR, VALUABLE ASSISTANCE AND ADVICE HE HAS GIVEN THE LEGISLATIVE BLACK CAUCUS IN THE AREA OF ECONOMIC DEVELOPMENT, AND FOR BEING ONE OF THE MOST INNOVATIVE AND EFFECTIVE LOCAL GOVERNMENT OFFICIALS IN SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5400 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE DR. ROBERT E. DENNIS, PASTOR OF CEDAR GROVE BAPTIST CHURCH IN SIMPSONVILLE, ON HIS THIRTY-FIVE YEARS AT CEDAR GROVE AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5402 (Word version) -- Rep. Cotty: A CONCURRENT RESOLUTION TO CONGRATULATE THE RIDGE VIEW HIGH SCHOOL "BLAZERS" BOYS TRACK AND FIELD TEAM IN RICHLAND COUNTY AND HEAD COACH JEFF BUYS ON WINNING THE 2004 CLASS AAAA BOYS TRACK AND FIELD STATE CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION THROUGHOUT THEIR SEASON.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5403 (Word version) -- Reps. J. Brown, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, 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 COMMEND BETHLEHEM BAPTIST CHURCH OF RICHLAND COUNTY FOR ITS PARTICIPATION IN THE FATHERS WITH PRIDE FOUNDATION AND TO WISH THEM CONTINUED SUCCESS IN THE FUTURE.
The Concurrent Resolution was adopted, ordered returned to the House.
The following Resolutions were returned with concurrence from the House and received as information:
S. 1259 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF SOUTH CAROLINA HIGHWAY 15 IN CLARENDON COUNTY FROM THE INTERSECTION WITH SOUTH CAROLINA HIGHWAY 261 TO THE BEGINNING OF THE ALTHEA GIBSON HIGHWAY THE "JUDGE REUBEN B. CLARK HIGHWAY" AND TO ERECT AN APPROPRIATE MARKER OR SIGN CONTAINING THE WORDS "JUDGE REUBEN B. CLARK HIGHWAY".
S. 1274 (Word version) -- Senators McConnell, Ravenel, Mescher, Grooms, Ford and Drummond: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BICYCLE-PEDESTRIAN LANE OF THE NEW ARTHUR RAVENEL, JR. BRIDGE THE GARRETT P. WONDERS MEMORIAL BICYCLE-PEDESTRIAN LANE, "WONDERS' WAY", IN MEMORY OF GARRETT PATRICK WONDERS OF GOOSE CREEK, AND TO REQUEST THAT APPROPRIATE SIGNS OR MARKERS BE POSTED SO THAT AS THE PUBLIC PASSES THEY WILL REMEMBER THE PASSIONATE AND GIFTED CYCLIST, NAVAL OFFICER, AND COMMUNITY LEADER.
S. 1279 (Word version) -- Senator McGill: A CONCURRENT RESOLUTION TO RECOGNIZE MINGO VERNON M. TANNER, CHIEF OF THE CHALOKLOWA CHICKASAW INDIAN PEOPLE OF INDIANTOWN, SOUTH CAROLINA, FOR HIS SIGNIFICANT CONTRIBUTIONS TO THE DEVELOPMENT OF THE STATE RECOGNITION OF NATIVE AMERICAN INDIAN ENTITIES REGULATION, AND TO CONGRATULATE HIM ON HIS APPOINTMENT AS THE FIRST NATIVE AMERICAN INDIAN COMMISSIONER TO THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS.
S. 1280 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE GAFFNEY ELK'S LODGE #1305 ON THE OCCASION OF ITS FIFTIETH ANNIVERSARY AND TO EXTEND BEST WISHES TO THE LODGE FOR CONTINUED SUCCESS IN THE FUTURE.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills and Joint Resolution were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 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.
H. 5020 (Word version) -- Reps. Cato, Wilkins and Sandifer: A BILL TO AMEND SECTION 48-52-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GUARANTEED ENERGY SAVINGS CONTRACT, SO AS TO PROVIDE THAT THESE CONTRACTS SHALL BE KNOWN AS GUARANTEED ENERGY, WATER, OR WASTE WATER SAVINGS CONTRACTS AND TO FURTHER PROVIDE FOR THE REQUIREMENTS, TERMS, AND CONDITIONS OF THESE CONTRACTS.
H. 5139 (Word version) -- Reps. Lloyd, Bowers and R. Brown: A BILL TO AMEND SECTION 7-7-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN COLLETON COUNTY, SO AS TO PROVIDE THAT THE POLLING PLACES FOR THESE PRECINCTS MUST BE DETERMINED BY THE COLLETON COUNTY BOARD OF ELECTION AND VOTER REGISTRATION WITH THE APPROVAL OF A MAJORITY OF THE COLLETON COUNTY LEGISLATIVE DELEGATION.
H. 4798 (Word version) -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-19-265 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ACCEPT ELECTRONICALLY FILED LIEN INFORMATION FOR NEWLY ACQUIRED VEHICLES, VEHICLES ALREADY TITLED, AND LIEN RELEASES; TO PROVIDE A FEE FOR COMMERCIAL PARTIES WHO TRANSMIT OR RETRIEVE DATA FROM THE DEPARTMENT, AND TO PROVIDE FOR THE COLLECTION AND DISBURSEMENT OF THIS FEE.
Senator RYBERG explained the Bill.
H. 4758 (Word version) -- Reps. Richardson, Simrill, Altman, Bales, Battle, Emory, Kirsh, Lee, Littlejohn, McCraw, McGee, Owens, Scarborough, Vaughn and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 42 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR THE ISSUANCE OF CAROLINA PANTHERS SPECIAL LICENSE PLATES.
H. 4885 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR INITIAL CERTIFICATION AT THE ADVANCED LEVEL, DESIGNATED AS REGULATION DOCUMENT NUMBER 2877, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4935 (Word version) -- Rep. Richardson: A BILL TO AMEND SECTION 56-3-8600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF DUCKS UNLIMITED SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT THIS LICENSE PLATE MAY BE ISSUED TO ANY OWNER OF CERTAIN PRIVATE PASSENGER CARRYING MOTOR VEHICLES, AND TO ADD AN ADDITIONAL FEE FOR THE ISSUANCE ON THE LICENSE PLATE THAT MUST BE DEPOSITED IN AN ACCOUNT DESIGNATED BY THE COMMITTEE OF THE SOUTH CAROLINA DUCKS UNLIMITED.
H. 4848 (Word version) -- Reps. McCraw, Phillips, Ceips, Clark, Cobb-Hunter, Duncan, Emory, Freeman, Gourdine, Hagood, J. Hines, M. Hines, Hosey, Leach, Limehouse, Moody-Lawrence, Perry, Rice, Scarborough, Sinclair, Skelton, D.C. Smith, G.R. Smith, J.R. Smith, Clemmons, W.D. Smith, Barfield, Snow, Stille, Taylor and Tripp: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 74 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY ISSUE VIETNAM WAR VETERANS SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF THE FEES COLLECTED FOR THIS SPECIAL LICENSE PLATE.
H. 4320 (Word version) -- Rep. McLeod: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CLASSIFICATION OF PROPERTY AND APPLICABLE ASSESSMENT RATIOS FOR PURPOSES OF PROPERTY TAX, SO AS TO DELETE THE SPECIFIC LIMIT OF TEN SHAREHOLDERS FOR A CORPORATION TO BE ELIGIBLE FOR A FOUR PERCENT ASSESSMENT RATIO ON ITS AGRICULTURAL REAL PROPERTY AND PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW THE MAXIMUM NUMBER OF SHAREHOLDERS FOR A CORPORATION TO BE ELIGIBLE FOR SUCH AN ASSESSMENT RATIO.
The Senate proceeded to a consideration of the Joint Resolution, the question being the third reading of the Joint Resolution.
On motion of Senator ALEXANDER, the Joint Resolution was ordered printed upon the pages of the Journal and the Joint Resolution was ordered to receive a third reading.
H. 4320 (Word version) -- Rep. McLeod: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CLASSIFICATION OF PROPERTY AND APPLICABLE ASSESSMENT RATIOS FOR PURPOSES OF PROPERTY TAX, SO AS TO DELETE THE SPECIFIC LIMIT OF TEN SHAREHOLDERS FOR A CORPORATION TO BE ELIGIBLE FOR A FOUR PERCENT ASSESSMENT RATIO ON ITS AGRICULTURAL REAL PROPERTY AND PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW THE MAXIMUM NUMBER OF SHAREHOLDERS FOR A CORPORATION TO BE ELIGIBLE FOR SUCH AN ASSESSMENT RATIO.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 1(4)(A)(i), Article X of the Constitution of this State be amended to read:
"(i) have more than ten shareholders than the General Assembly shall provide by law;"
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 1, Article X of the Constitution of this State relating to the classification of property and applicable assessment ratios for purposes of property tax be amended so as to delete the specific limit of ten shareholders as the most shareholders a corporation may have for it to be eligible for a four percent assessment ratio on its agricultural real property and provide that the General Assembly shall provide by law the maximum number of shareholders a corporation may have to be eligible for the four percent assessment ratio?
Yes []
No []"
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Courson Cromer Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Kuhn Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Ryberg Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
The Joint Resolution was read the third time and ordered enrolled for Ratification.
The following House Bills were read the third time and ordered returned to the House with amendments:
H. 4537 (Word version)--Reps. Walker, Wilkins, W.D. Smith, Harrison, Witherspoon, Cato, Townsend, Littlejohn, Davenport, J.E. Smith, Huggins, Lourie, Scott, Bales, McGee, Sinclair, Anthony, Harvin, Cotty, Leach, Allen, Altman, Bailey, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Haskins, Hayes, Herbkersman, J. Hines, Hinson, Hosey, Howard, Jennings, Keegan, Kennedy, Kirsh, Koon, Lee, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, 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, Sheheen, Simrill, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, G.R. Smith, J.R. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Tripp, Trotter, Umphlett, Vaughn, Viers, Weeks, Whipper, White, Whitmire, Young and M. Hines: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA BY ADDING CHAPTER 4 TO TITLE 57 TO CREATE THE STATE AERONAUTICS COMMISSION WITHIN THE DEPARTMENT OF TRANSPORTATION, AND TO AMEND VARIOUS OTHER SECTIONS OF THE CODE OF LAWS OF SOUTH CAROLINA RELATING TO AVIATION AND AERONAUTICS, AND TO DELETE THE DEPARTMENT OF COMMERCE'S DIVISION FOR AERONAUTICS AND TO SUBSTITUTE THE DEPARTMENT OF TRANSPORTATION FOR THE DEPARTMENT OF COMMERCE. [ABBREVIATED TITLE]
Senator LEVENTIS explained the Bill.
H. 4735 (Word version) -- Reps. Cato and McGee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-43-85 SO AS TO PROVIDE APPEARANCE, CONSTRUCTION, AND FOUNDATION STANDARDS FOR A MODULAR HOME CERTIFIED FOR PLACEMENT IN SOUTH CAROLINA; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX IN THIS STATE, SO AS TO PROVIDE AN EXEMPTION FOR SIXTY PERCENT OF THE GROSS PROCEEDS OF THE SALE OF A MODULAR HOME AND TO DEFINE "GROSS PROCEEDS OF SALE", FOR THIS PURPOSE.
H. 4470 (Word version) -- Reps. Harrison, Altman, Cotty, Kirsh and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-305 SO AS TO CREATE THE OFFENSE OF DEFRAUDING SECURED CREDITORS AND TO PROVIDE A PENALTY.
Senator RITCHIE explained the Bill.
H. 4070 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-87 SO AS TO ENACT THE "AQUATIC LIFE PROTECTION ACT" TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPOSE NPDES PERMIT LIMITATIONS FOR TOXICITY IF A DISCHARGE HAS THE REASONABLE POTENTIAL TO IMPACT WATER QUALITY UNDER CERTAIN CONDITIONS AND TO FURTHER DIRECT THE DEPARTMENT IN TESTING AND DEVELOPING METHODOLOGIES TO IMPLEMENT THIS REQUIREMENT.
Senator LEVENTIS asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator WALDREP explained the Bill.
H. 3400 (Word version) -- Reps. M.A. Pitts, Taylor and McLeod: A BILL TO REPEAL JOINT RESOLUTION 775 OF 1976 WHICH CALLED ON CONGRESS TO BALANCE THE FEDERAL BUDGET THROUGH SUBMITTING AN APPROPRIATE AMENDMENT TO THE STATES FOR RATIFICATION OR IN THE ALTERNATIVE TO CALL A CONSTITUTIONAL CONVENTION FOR THIS PURPOSE, AND TO DISAVOW ANY OTHER CALLS FOR A CONSTITUTIONAL CONVENTION BY ANY MEANS EXPRESSED; AND TO RECOGNIZE THAT IT IS THE PUBLIC POLICY OF THIS STATE THAT SAME SEX MARRIAGES IN ANY OTHER JURISDICTION HAVE NO LEGAL FORCE OR EFFECT IN THIS STATE; AND TO AMEND ARTICLE 1, CHAPTER 1, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-17 SO AS TO PROVIDE THAT BENEFITS OF A SAME SEX MARRIAGE EXTENDED IN ANOTHER JURISDICTION HAVE NO LEGAL FORCE OR EFFECT IN THIS STATE.
Senator MARTIN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator MARTIN proposed the following amendment (3400R001.LAM), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting:
/ TO REPEAL JOINT RESOLUTION 775 OF 1976 WHICH CALLED ON CONGRESS TO BALANCE THE FEDERAL BUDGET THROUGH SUBMITTING AN APPROPRIATE AMENDMENT TO THE STATES FOR RATIFICATION OR IN THE ALTERNATIVE TO CALL A CONSTITUTIONAL CONVENTION FOR THIS PURPOSE, AND TO DISAVOW ANY OTHER CALLS FOR A CONSTITUTIONAL CONVENTION BY ANY MEANS EXPRESSED.
Whereas, the General Assembly of the State of South Carolina, acting with the best of intentions, at various times and during various sessions, has previously made applications to Congress to call one or more conventions to propose either a single amendment concerning a specific subject or to call a general convention to propose an unspecified and unlimited number of amendments to the United States Constitution, pursuant to the provisions of Article V thereof; and
Whereas, former Chief Justice of the Supreme Court of the United States of America Warren E. Burger, former Associate Justice of the United States Supreme Court Arthur J. Goldberg, and other leading constitutional scholars agree that such a convention may propose sweeping changes to the Constitution, any limitations or restrictions purportedly imposed by the states in applying for such a convention or conventions to the contrary notwithstanding, thereby creating an imminent peril to the well-established rights of the citizens and the duties of various levels of government; and
Whereas, the Constitution of the United States of America has been amended many times in the history of this nation and may be amended many more times, without the need to resort to a constitutional convention, and has been interpreted for more than two hundred years and has been found to be a sound document which protects the lives and liberties of the citizens; and
Whereas, there is no need for, rather, there is great danger in, a new constitution or in opening the Constitution to sweeping changes, the adoption of which would only create legal chaos in this nation and only begin the process of another two centuries of litigation over its meaning and interpretation. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Joint Resolution 775 of 1976 is repealed.
SECTION 2. The General Assembly of the State of South Carolina disavows any other calls or applications for a constitutional convention made to Congress prior to the effective date of this act, by any means expressed, including, but not limited to, S. 1024 of 1978.
SECTION 3. The Secretary of State is directed to forward copies of this act bearing the Great Seal of the State to the following persons: The President and Vice President of the United States, the Speaker of the House of Representatives, and each member of the South Carolina Congressional Delegation in Washington, D.C.
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
The amendment was adopted.
There being no further amendments, the Joint Resolution was read the third time and ordered returned to the House of Representatives with amendments.
H. 4132 (Word version) -- Reps. Sheheen, Cotty and Coleman: A BILL TO AMEND CHAPTER 27, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LAKE WYLIE MARINE COMMISSION, SO AS TO DESIGNATE SECTIONS 49-27-10 THROUGH 49-27-90 AS ARTICLE 1, AND BY ADDING ARTICLE 3 SO AS TO ESTABLISH THE LAKE WATEREE MARINE COMMISSION AND PROVIDE FOR ITS JURISDICTION, POWERS, DUTIES, AND RESPONSIBILITIES; AND TO AMEND SECTION 50-3-420, AS AMENDED, RELATING TO IMMUNITY FROM PROSECUTION, SO AS TO PROVIDE FOR IMMUNITY FOR AN OFFICER OF THE LAKE WATEREE MARINE COMMISSION FOR CERTAIN ACTIONS WHEN ACTING IN HIS OFFICIAL CAPACITY WITHIN HIS TERRITORIAL JURISDICTION.
Senator SHEHEEN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator SHORT proposed the following amendment (4132-SHORT), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Title 49 of the 1976 Code is amended by adding:
Section 49-28-10 For purposes of this chapter:
(1) 'Board' means the county councils of Fairfield, Kershaw, and Lancaster Counties, South Carolina.
(2) 'Commission' means the Lake Wateree Marine Advisory Commission or its governing board.
(3) 'Commissioner' means a member of the governing board of the Lake Wateree Marine Advisory Commission.
(4) 'Three counties' means Fairfield, Kershaw, and Lancaster Counties, South Carolina.
(5) 'Joint ordinance' means an ordinance substantially identical in content adopted separately by the three counties.
(6) 'Lake Wateree' means the impounded body of water in the three counties extending from the Wateree Dam upstream to the Cedar Creek and Rock Creek Dam and is encompassed by approximately two hundred forty-two miles of shoreline and having a surface area of approximately thirteen thousand seven hundred ten acres.
(7) 'Department' means the South Carolina Department of Natural Resources.
Section 49-27-20. The three counties may by joint ordinance create the Lake Wateree Marine Advisory Commission. Upon its creation, the commission has the powers, duties, and responsibilities conferred upon it by joint ordinance subject to the laws of the State of South Carolina. The provisions of a joint ordinance may be modified, amended, or rescinded by a later joint ordinance. A county may withdraw unilaterally from participation as required by a joint ordinance or the provisions of this article once the commission is created. A county, by ordinance, may withdraw unilaterally from the commission at the end of a budget period upon ninety days' prior written notice. If a county withdraws from participation, the commission is dissolved and all property of the commission must be distributed to or divided among the counties and other public agency or agencies serving the Lake Wateree area. Distribution must be in a manner considered equitable by the commission and pursuant to a resolution adopted before the dissolution.
Section 49-28-30. Upon its creation, the commission's governing board must consist of two members from each county appointed by the governing body of that county, plus one additional member to be appointed from the county first enacting the joint ordinance. Appointment of that additional member must rotate among the counties after each term in a sequence corresponding to the order in which the counties enacted the ordinances. Members serve for terms of four years and until their successors are appointed and qualify, except that for the commission's initial appointments, each county's governing body must designate one of its appointees to serve a two-year term after which the successor shall serve for a term of four years. Regardless of the date of appointment, terms end on July first of the applicable year. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.
Section 49-28-40. The commission is governed by budgetary and accounting procedures as may be specified by the joint ordinance.
Section 49-28-50. Upon creation of the commission, its governing board shall meet at a time and place agreed upon by the councils of the counties. The commissioners shall elect a chairman and other officers they consider necessary to carry out the purposes of this article. All officers serve one-year terms. The governing board shall adopt regulations, as it considers necessary, not inconsistent with the provisions of this article or of a joint ordinance or the laws of this State, for the proper discharge of its duties and for the governance of the commission. A quorum must be present to conduct business. The chairman may adopt committees authorized by the regulations. The commission shall meet regularly at times and places specified in its regulations or in a joint ordinance, except that meetings of the commission must be held in each county on a rotating basis so that an equal number of meetings are held in each county. Special meetings may be called as specified in the regulations. The provisions of Chapter 4, Title 30 of the 1976 Code apply to all commission meetings.
Section 49-28-60. (A) Within the limits of funds available to it and subject to the provisions of this chapter and of a joint ordinance, the commission may with the approval of all three of the county councils:
(1) hire and fix the compensation of permanent and temporary employees and staff as it considers necessary in carrying out its duties;
(2) contract with consultants for services it requires;
(3) contract with the State of South Carolina, or the federal government, or any agency, department, or subdivision of them for property or services provided to or by these agencies and carry out the provisions of these contracts;
(4) contract with persons, firms, and corporations generally as to all matters over which it has a proper concern and carry out the provisions of contracts;
(5) lease, rent, purchase, or otherwise obtain suitable quarters and office space for its employees and staff, and lease, rent, purchase, or otherwise obtain furniture, fixtures, vessels, vehicles, firearms, uniforms, and other supplies and equipment necessary or desirable for carrying out the duties imposed in or under the authority of this chapter; and
(6) lease, rent, purchase, construct, otherwise obtain, maintain, operate, repair, and replace, either on its own or in cooperation with other public or private agencies or individuals, any of the following: boat docks, navigation aids, waterway markers, public information signs and notices, and other items of real and personal property designed to enhance public safety in Lake Wateree and its shoreline area, or protection of property in the shoreline area subject, however, to the provisions of Title 50 of the 1976 Code or regulations promulgated under that title.
(B) The commission may accept, receive, and disburse in furtherance of its functions funds, grants, services, or property made available by the federal government or its agencies or subdivisions, the State of South Carolina or its agencies or subdivisions, or by private and civic sources.
(C) The governing bodies of the counties may appropriate funds to the commission out of surplus funds or funds derived from nontax sources in an amount that each county considers appropriate.
(D) The commission is subject to audit requirements specified in a joint ordinance.
Section 49-28-70. (A) A copy of the joint ordinance creating the commission and of a joint ordinance amending or repealing the joint ordinance creating the commission must be filed with the director of the department. When the director receives substantially identical ordinances from all three of the counties in accordance with procedures agreed upon, he shall certify this fact and distribute, within ten days, a certified single ordinance text to the following:
(1) the Secretary of State of South Carolina;
(2) the clerk to the county council of each of the three counties;
(3) the clerk of court of each of the three counties; and
(4) a newspaper of general circulation in the three counties. Upon request, the director also shall send a certified single copy of an applicable joint ordinance to the chairman of the commission.
(B) Unless a joint ordinance specifies a later date, it takes effect when the director's certified text is submitted to the Secretary of State for filing. Certifications of the director under the seal of the commission as to the text or amended text of a joint ordinance and of the date or dates of submission to the Secretary of State is admissible in evidence in any court. Certifications by a clerk of court of the text of a certified ordinance filed with him by the director is admissible in evidence and the director's submission of the ordinance for filing to the clerk is prima facie evidence that the ordinance was also submitted for filing with the Secretary of State on the date of submission. Except for the certificate of a clerk as to receipt and date of submission, evidence may not be admitted in any court concerning the submission of the certified text of an ordinance by the director to a person other than the Secretary of State.
Section 49-28-80. (A) The commission may make recommendations to the counties applicable to Lake Wateree and its shoreline area concerning all matters relating to or affecting the use of Lake Wateree. These recommendations may not conflict with or supersede provisions of general or special acts or of regulations of state agencies promulgated pursuant to the authority of general law. A recommendation may be adopted and enacted by the three counties pursuant to joint ordinance.
(B) The joint ordinance must specify the penalty for violation of an enactment.
(C) An enactment pursuant to this section takes effect upon passage or upon the dates stipulated in the joint ordinance, except that an enactment may not be enforced unless adequate notice of it has been posted in or on Lake Wateree or its shoreline area. Adequate notice as to an enactment affecting only a particular location may be by a sign, uniform waterway marker, posted notice, or other effective method of communicating the essential provisions of the enactment in the immediate vicinity of the location in question. If an enactment applies generally as to Lake Wateree or its shoreline area, or both, notices, signs, or markers communicating the essential provisions must be posted in high traffic areas at least three different, conspicuous places throughout the area, and notice printed in a newspaper of general circulation in the three counties.
(D) A copy of each ordinance pursuant to this section must be filed by the commission with the following persons:
(1) the Secretary of State of South Carolina;
(2) the clerk of court of each of the three counties;
(3) the director of the department.
(E) An official designated in subsection (D) may issue a certified copy of an ordinance filed with him under the seal of his office. A certified copy may be received in evidence in any proceeding.
Section 49-28-90. (A) All law enforcement officers, or those officers designated in the joint ordinance, with territorial jurisdiction as to a part of Lake Wateree or its shoreline area have the authority of peace officers in enforcing the laws over all of Lake Wateree and its shoreline area, within the limitations of their subject matter jurisdiction.
(B) If a law enforcement officer of one of the three counties with jurisdiction over any part of Lake Wateree or its shoreline area is performing duties relating to the enforcement of the laws on Lake Wateree or in its shoreline area, he has extraterritorial jurisdiction in those parts of Lake Wateree located in the three counties as may be necessary to perform his duties. These duties may include patrolling the entire area of Lake Wateree and when probable cause exists, investigate possible violations of the law. This includes traversing by reasonable routes from one portion of this area to another across territory not within the boundaries of Lake Wateree and its shoreline area; transporting across territorial boundaries prisoners in custody to a court or detention facility as may be authorized by law; execution of process connected with any criminal offense alleged to have been committed within the boundaries in question. This also includes continuing pursuit of and arresting any violator or suspected violator as to which grounds for probable cause arose within the area in question.
(C) If a law enforcement officer is given additional territorial jurisdiction pursuant to this section, it is an extension of the duties of the office held and he is not required to take any additional oath or title of office.
(D) A criminal violation must be tried in the county in which it occurred.
(E) This section does not authorize the members of the Lake Wateree Marine Advisory Commission to act as law enforcement officers."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator SHEHEEN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
H. 4649 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-765, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTIGATIONS OF TRAFFIC COLLISIONS INVOLVING A MOTOR VEHICLE OR MOTORCYCLE OF A LAW ENFORCEMENT AGENCY, SO AS TO DEFINE THE TERM "INVOLVED IN A TRAFFIC COLLISION", AND TO PROVIDE THAT ANY INVESTIGATION THAT OCCURS AS A RESULT OF A COLLISION INVOLVING A POLICE VEHICLE MUST INCLUDE A FIELD INVESTIGATION TO IDENTIFY POSSIBLE WITNESSES.
Senator HUTTO asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senators HUTTO and KNOTTS proposed the following amendment (JUD4649.006), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/ SECTION . Section 56-5-2525 of the 1976 Code is amended to read:
"Section 56-5-2525. (A) For purposes of this section, 'vehicle' means a motor vehicle, trailer, mobile home, watercraft, or any other item that is subject to towing and storage, and applies to any vehicle in custody at the time of the enactment of this section. 'Vehicle' includes:
(1) items that are towed and left in the possession of a towing, storage, garage, or repair facility;
(2) contents contained in the vehicle; and
(3) personal property affixed to the vehicle.
(B) Any A towing company which tows away another's and stores a person's motor vehicle without the owner's person's knowledge and stores it shall must immediately notify the police department of the municipal corporation municipality where such the vehicle was parked, or the sheriff or of the county police department in counties having such departments, if the vehicle was parked outside the limits of a municipal corporation municipality, of the location from which the vehicle was towed, the name of the company which towed it the vehicle and the place where it the vehicle is stored.
(C) Any A towing company failing to give such this notice within one hour of the time the vehicle was towed away shall is not be entitled to any compensation for the towing and storing operations. The provisions of this section shall must be posted in a conspicuous place in all public areas on the premises of the towing company. The law enforcement agency that receives this notice must draft a towing report and furnish the towing company with the report's document number within a reasonable time. Notification to the law enforcement agency is not required when the towing is performed at the direction of a law enforcement officer."
SECTION . Section 56-5-5630 of the 1976 Code, as last amended by Act 71 of 2003, is further amended to read:
"Section 56-5-5630. (a)(A)(1) For purposes of this section article, 'vehicle' means any a motor vehicle, trailer, mobile home, watercraft, or any other item or object that is subject to towing and storage at the discretion of a law enforcement officer, and applies to any vehicle in custody at the time of the enactment of this section. 'Vehicle' includes:
(a) items that are towed and left in the possession of a towing, storage, garage, or repair facility;
(b) contents contained in the vehicle; and
(c) personal property affixed to the vehicle.
Storage costs for those vehicles in custody at the time of the enactment of this section must not exceed sixty days.
(2) When an abandoned vehicle has been taken into custody, the towing company and storage place facility having towed and received the vehicle shall notify by registered or certified mail, return receipt requested, the last known registered owner of the vehicle and all lienholders of record that the vehicle has been taken into custody. Notification of the owner and all lienholders by certified or registered United States mail, return receipt requested, constitutes notification for purposes of this section. This notification must satisfy the notification requirements contained in Section 29-15-10. The notice must:
(a) describe give a description of the year, make, model, and serial identification number of the vehicle,;
(b) set forth the location where the vehicle is being held,;
(c) inform the owner and all lienholders of the right to reclaim the vehicle within fifteen thirty days after the date beginning the day after the notice is mailed, return receipt requested, upon payment of all towing, preservation, and storage charges, notification, publication, and court costs resulting from placing the vehicle or other property in custody,; and
(d) state that the failure of the owner and all lienholders to exercise their right to reclaim the vehicle or other property within the time provided is deemed considered a waiver by the owner and lienholders of all right rights, title, and interest in the vehicle or other property and is considered as their consent to the sale of the vehicle or other property at a public auction.
If a vehicle has been towed pursuant to the provisions of this section, payment to the owner or operator of the towing service shall company and storage facility must accept as payment for the release of the vehicle the same manner of payment that the owner or operator of the towing service they would accept if the owner of the vehicle had requested his vehicle towed.
(b)(B) If the identity of the last registered owner cannot be determined, or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by one publication in one newspaper of general circulation in the area where the vehicle was abandoned is sufficient to meet all requirements of notice pursuant to this article. The notice by publication may contain multiple listings of abandoned vehicles. This notice must be within the time requirements prescribed for notice by registered or certified mail and must have the same contents required for a notice by registered or certified mail. Storage costs accrued from the original storage date to the date of the sale of the vehicle may be recovered from the proceeds of the sale as provided by Section 56-5-5640.
(c)(C) A lienholder is not subject to a criminal penalty imposed by law in this State for abandonment unless the vehicle is abandoned by the lienholder or his agent or servant or if a false statement or report to a law enforcement officer is made as provided by Section 16-17-722. An owner of a vehicle which has been stolen and after that abandoned, as defined by this article, is not liable for any charges or penalties imposed in this section, otherwise all charges or penalties are the responsibility of the last registered owner. The owner of a vehicle which has been stolen, whether or not the vehicle was subsequently abandoned, is liable for:
(1) actual recovery and towing charges; and
(2) storage costs that accrue beginning five days, excluding week-ends and holidays, after notification to the owner by law enforcement that the vehicle was towed.
The law enforcement agency must, within two days after the vehicle's towing, notify the owner that the vehicle has been recovered, provide the owner with the location of the vehicle, and explain that daily storage charges will begin to accrue if the vehicle is not reclaimed within five days of the notification to the owner by law enforcement.
A vehicle is deemed considered to be stolen when the registered owner notifies a police officer and the files a report which is accepted and carried placed on the records of the sheriff or chief of police as a stolen vehicle. Within ten days of the tow, the The law enforcement agency that requested the tow shall must provide the towing company and storage facility, at no cost to the towing company and storage operator facility, the current owner's name, and address, and the name and address of all lienholders of record along with the make, model, vehicle identification number, or a description of the object. A law enforcement agency is not liable for the any costs or fee fees associated with the towing and storage of a vehicle or other property as provided by this section.
(D) The court may order restitution from a person convicted of stealing a vehicle to cover the costs associated with the recovery, towing, and storage of the vehicle."
SECTION . Section 56-5-5635 of the 1976 Code, as added by Act 71 of 2003, is amended to read:
"Section 56-5-5635. (A) Notwithstanding another provision of law, a law enforcement officer who directs that a vehicle be towed for any reason, whether on public or private property, shall must use the established towing procedure for his jurisdiction. A request by a law enforcement officer resulting from a law enforcement action including, but not limited to, a motor vehicle collision, vehicle breakdown, or vehicle recovery incident to an arrest, is deemed considered a law enforcement towing for purposes of recovering costs associated with the towing and storage of the vehicle or other property, unless the request for towing is made by a law enforcement officer at the direct request of the owner or operator of the vehicle.
(B) Within ten days following a law enforcement's towing request, the towing or storage operator or owner shall the proprietor, owner, or operator of any towing company, storage facility, garage, or repair shop, must provide to the sheriff or chief of police a list describing the vehicles or other property remaining in their the possession of the proprietor, owner, or operator of any towing company, storage facility, garage, or repair shop. Failure A person who fails to provide the law enforcement agency with this list, the towing and storage owner or operator forfeits recovery of all costs associated with towing and storage of the vehicle or other property any storage fees that have accrued from the date of towing until the day after the mailing of the notification to the owner and all lienholders by certified or registered mail, return receipt requested, pursuant to Section 29-15-10. Upon Within ten days of receipt of this list, the sheriff or chief of police shall must provide to the towing company or storage facility, the current owner's name, address, and a record of all lienholders along with the make, model, and vehicle identification number or a description of the object vehicle on the proper forms within ten days and must be at no cost to the storage operator proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop. The storage place proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop having towed or received the vehicle shall must notify by registered or certified mail, return receipt requested, the last known registered owner and all lienholders of record that the vehicle has been taken into custody.
(C) If the identity of the last registered owner cannot be determined, or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, the towing or storage owner or operator shall proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop must provide notice by one publication in one newspaper of general circulation in the area where from which the vehicle was abandoned which is sufficient to meet all requirements of notice pursuant to this article. The notice by publication may contain multiple listings of abandoned vehicles.
(D) Before a vehicle is sold, the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop must apply to the appropriate titling facility, including, but not limited to, the Department of Motor Vehicles or the Department of Natural Resources for the name and address of any owner or lienholder. For non-titled vehicles, where the owner's name is known, a search must be conducted through the Secretary of State's Office to determine any lienholders. The application must be on prescribed forms as required by the appropriate titling facility or the Secretary of State. If the vehicle has an out-of-state registration, an application must be made to that state's appropriate titling facility. When the vehicle is not titled in this State and does not have a registration from another state, the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop may apply to the sheriff or chief of police in the jurisdiction where the vehicle is stored to determine the state where the vehicle is registered. The sheriff or chief of police shall conduct a records search. This search must include, but is not limited to, a search on the National Crime Information Center and any other appropriate search that may be conducted with the vehicle's identification number. The sheriff or chief of police must supply, at no cost to the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop, the name of the state in which the vehicle is titled.
(D) (E) The proprietor, owner, or operator of a storage place, garage, or towing service, who of the towing company, storage facility, garage, or repair shop that has towed and stored a vehicle or object has a lien against the vehicle or object and its contents, and may have the vehicle or object and its contents sold at public auction pursuant to Section 29-15-10,. and The proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop may hold the license tag of any vehicle until all towing and storage costs have been paid, or if the vehicle is not reclaimed, until it is declared abandoned and sold. Storage costs may be charged that have accrued before the notification of the owner and lienholder, by certified or registered mail, of the location of the vehicle, but may not exceed charges for five days from the date the towing or storage operator receives the owner and lienholder's name and address as provided by Section 56-5-5635(B). The lienholder of record must be notified, return receipt requested, of all reasonable towing charges and any storage costs that will accrue from the date the certified letter is mailed. Notification to the owner and lienholder by the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop must occur within five days, after receiving the owner's and lienholders' identities from the appropriate law enforcement agency. If the notice is not mailed within this period, storage costs after the five day period must not be charged until the notice is mailed. Fifteen If the vehicle is not reclaimed within thirty days after the day the notice is mailed, return receipt requested, and the vehicle or object and its contents are not reclaimed, the vehicle or object and its contents are is considered abandoned and may be sold by the magistrate pursuant to the procedures set forth in Section 29-15-10.
(E)(F) The owner of the motor vehicle as demonstrated by providing a certificate of registration has one opportunity to remove any personal property from the vehicle after it is in the possession of the proprietor, owner, or operator of a storage place or garage The proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop must release any prescription medications, child car safety seats, personal or legal papers, or personal property that does not belong to the owner of the vehicle, or information needed to prove ownership of the vehicle.
(G) When a law enforcement agency stores a vehicle at a law enforcement facility, the agency must follow the notification procedures contained in this section and submit vehicle information to a magistrate in the county where the vehicle is stored to provide for the sale of the vehicle at public auction. A law enforcement agency is exempt from paying filing fees in any matter related to the towing and storing of a vehicle."
SECTION . Section 56-5-5640 of the 1976 Code, as last amended by Act 71 of 2003, is further amended to read:
"Section 56-5-5640. If an abandoned vehicle has not been reclaimed as provided for in Section 56-5-5630, the proprietor, owner, or operator of the storage place, or their designee, towing company, storage facility, garage, or repair shop may have the abandoned vehicle sold at a public auction pursuant to the provisions of set forth in Section 29-15-10. The purchaser of the vehicle shall take title to it free and clear of all liens and claims of ownership, shall receive a magistrate's bill order of sale, and is entitled to register the purchased vehicle and receive a certificate of title. The bill order of sale given at the sale must be sufficient title only for purposes of transferring the vehicle to a demolisher for demolition, wrecking, or dismantling, and in this case no further titling of the vehicle is necessary. The expenses of the auction, the costs of towing, preserving, and storing the vehicle which resulted from placing the vehicle in custody, and all notice and publication costs incurred pursuant to the provisions of Section 56-5-5630 29-15-10 must be reimbursed up to the amount of the auction sale price from the sale proceeds of the sale of the vehicle. Any remainder from of the sale proceeds of the sale must be held for the owner of the vehicle or entitled lienholder for ninety days. The proprietor, owner, or operator of the storage place, or their designee, magistrate shall must notify the owner and all lienholders by certified or registered United States mail, return receipt requested, that the vehicle owner or lienholder has ninety days to claim the proceeds from the sale of the vehicle. If the vehicle proceeds are not collected after within ninety days from the date day after the notice to the owner and all lienholders is mailed, then the vehicle proceeds must be deposited in the general fund of the county or municipality."
SECTION . Section 56-5-5660 of the 1976 Code is amended to read:
"(a)(A) Any person or unit of government upon whose property or in whose possession is found any an abandoned motor vehicle, or any person being who is the owner of a vehicle whose title certificate is faulty, lost, or destroyed, may apply to the sheriff or chief of police of the jurisdiction in which the vehicle is situated located for authority to sell, give away, or dispose of or give the vehicle to a demolisher.
(b)(B) The application shall set out must give the name and address of the applicant, the year, make, model, and serial identification number of the vehicle, if ascertainable, together along with any other identifying features, and shall must contain a concise statement of the facts surrounding the abandonment, or that the title of the vehicle is lost or destroyed, or the reasons for the defect of title in the owner. The applicant shall must execute an affidavit stating that the facts alleged therein are true and that no material fact has been withheld.
(c)(C) If the sheriff or chief of police finds determines that the application is executed in proper form, and shows demonstrates that the vehicle has been abandoned upon the property of the applicant, the notification procedures set forth in Section 56-5-5630 shall must be followed. If the vehicle is not reclaimed in accordance with Section 56-5-5630, the sheriff or chief of police shall must follow the procedure set forth in Section 56-5-5660(d) 56-5-5660(D) for issuance of disposal authority certificates.
(d)(D) If the application shows demonstrates that the vehicle is not abandoned but that the applicant appears to be the rightful owner, the sheriff or chief of police shall must give the applicant a certificate of authority to sell, or give away or dispose of the vehicle to any demolisher for demolition, wrecking, or dismantling. A disposal authority certificate may contain multiple listings. The demolisher shall must accept such certificate in lieu of the certificate of title to the vehicle.
(e)(E) Notwithstanding any other provisions of law, any person or unit of government upon whose property or in whose possession is found any an abandoned motor vehicle, or any person being who is the owner of a vehicle whose title certificate is faulty, lost, or destroyed, may dispose of such vehicle to a demolisher without the title and without the notification procedures of Section 56-5-5630 if:
(1) the vehicle is over eight years old,
(2) the vehicle does not have a valid registration plate affixed to the vehicle it, and
(3) the vehicle has no engine or is otherwise totally inoperable."
SECTION . Section 56-5-5670 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"(a)(A) Any A demolisher who purchases or otherwise acquires a vehicle for purposes of wrecking, dismantling, or demolition demolishing shall not be is not required to obtain a certificate of title for such the vehicle in his own name. After the vehicle has been demolished, processed, or changed so that it physically is no longer a motor vehicle, the demolisher shall must surrender for cancellation the certificate of title, or auction sales receipt, or disposal authority certificate. The department shall must issue such forms, rules, and regulations governing the surrender of auction sales receipts, disposal authority certificates, and certificates of title as are appropriate.
(b)(B) A demolisher shall must keep an accurate and complete record of all abandoned motor vehicles purchased or received by him in the course of his business. These records shall must contain the name and address of the person from whom each vehicle was purchased or received, and the date when such the purchases or receipts occurred, and the year, make, model, and identification number of the vehicle, if ascertainable, along with any other identifying features. The records shall be are open for inspection by any police officer at any time during normal business hours. Any record required by this section shall must be kept by the demolisher for at least one year after the transaction to which it applies."
SECTION . Section 56-5-5850 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 56-5-5850. (a)(A) When any vehicle is left unattended on a highway or on other public or private property without the consent of the owner or person in control of the property, an officer may place a colored tag on the vehicle which shall be is notice to the owner, the person in possession of the vehicle, or any lienholder that it may be considered to be derelict or abandoned and is subject to forfeiture to the State.
(b) The colored tag shall serve as the only legal notice that, if the vehicle is not removed within:
(1) forty-eight hours if located on a highway, or
(2) seven days if located on other public or private property from the date of the tag, it will be removed to a designated place to be sold. After the vehicle is removed, the political subdivision employing the officer who affixed the colored tag shall notify in writing by registered or certified mail, return receipt requested, the person in whose name the vehicle was last registered and any lienholder of record. Notification shall include that the vehicle is being held, designating the place where it is being held, and that if it is not redeemed within thirty days from the date of the notice by paying all cost of removal and storage, it shall be sold for recycling purposes or for such other purposes as the political subdivision deems advisable to ensure obtaining the highest possible return from the sale. The proceeds of the sale shall be deposited in the general fund of the political subdivision.
(B) The colored tag serves as the only legal notice that the vehicle will be moved to a designated place to be sold if the vehicle is not removed by the owner or person in control of the vehicle. The vehicle must be removed within the following times from the date the tag is placed on the vehicle:
(1) forty-eight hours if it is located on a highway, or
(2) seven days if it is located on other public or private property.
Abandoned or derelict vehicles must be disposed of pursuant to Sections 29-15-10 and 56-5-5635.
(c) If the identity of the last registered owner cannot be determined or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identification and addresses of any lienholders, notice by one publication in a newspaper of general circulation in the area where the vehicle was located shall be sufficient to meet all requirements of notice pursuant to this article. The notice of publication may contain multiple listings of vehicles. Twenty days after date of publication an advertised vehicle may be sold.
(d) Any notice sent by mail or any newspaper notice published under the provisions of this section shall contain the following if it is obtainable: the year, make, model, and serial number of the motor vehicle. It shall also set forth where the vehicle is being held; inform the owner and any lienholders of the right to reclaim the vehicle within thirty days after the date of the notice upon payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody; include the date, time, and place of the proposed sale; the name, address, and telephone number of the person responsible for the sale; and state that the failure of the owner or lienholders to exercise their right to reclaim the vehicle within the time provided is a waiver by the owner and all lienholders of all right, title, and interest in the vehicle and consent to the sale of the vehicle.
(e) The purchaser of a vehicle which has not been reclaimed shall take title free and clear of all liens and claims of ownership, shall receive a sales receipt from the selling agency, as appropriate, and shall be entered to register the purchased vehicle and receive a certificate of title. The sales receipt shall be sufficient to transfer the vehicle to a demolisher for demolition, wrecking or dismantling, and no further titling of the vehicle shall be necessary. The expenses of the auction, the costs of towing, preserving, and storing the vehicle which resulted from placing the vehicle in custody, and all notice and publication costs incurred, shall be reimbursed from the proceeds of the sale of the vehicle. Any remainder from the proceeds of the sale shall be deposited in the general fund of the state, county, or municipality, as applicable."
SECTION . Section 56-19-840 of the 1976 Code is amended to read:
"Section 56-19-840. An operator of a place of business for garaging, repairing, parking or storing vehicles for the public A proprietor, an owner, or an operator of any towing company, storage facility, garage, or repair shop or any person who repairs or furnishes any material for the repair of a vehicle, in which where a vehicle remains unclaimed for a period of thirty days shall must, within five days after the expiration of that the thirty-day period, report the vehicle as unclaimed to the Department department. Such The report shall must be on a form prescribed by the Department department. The form may be submitted before the thirty-day period expires.
A vehicle left by its owner whose name and address are known to the operator or his employee is not considered "unclaimed." A vehicle is considered 'unclaimed' when the owner of the vehicle has not reclaimed it within thirty days after notification pursuant to Sections 29-15-10 and 56-5-5630. A person who fails to report a vehicle as unclaimed in accordance with this section forfeits all claims, and liens, for its garaging, parking, or storing or costs associated with the towing and storage."
SECTION . Section 16-11-760 of the 1976 Code, as last amended by Act 71 of 2003, is further amended to read:
"Section 16-11-760. (A) It is unlawful for a person to park a motor-driven or other vehicle, as defined in Section 56-5-5630, on the private property of another without the owner's consent,. if If the property is for commercial use, the owner shall must post a notice in a conspicuous place on the borders of the property near each entrance prohibiting this parking. Proof of the posting is deemed and taken as considered notice conclusive against the person making entry.
(B) A vehicle found parked on private property may be towed and stored at the expense of the registered owner or lienholder, and charges for towing, storing, preserving the vehicle, and expenses incurred if the owner and lienholder are notified pursuant to Section 29-15-10 constitute a lien against the vehicle, provided that the towing company makes notification to the law enforcement agency pursuant to Section 56-5-2525.
(C) If the vehicle is not claimed by the owner, lienholder, or their his agent, as provided by Section 56-5-5635(D), the vehicle must be sold pursuant to Section 29-15-10 by a magistrate in the county in which the vehicle was towed or stored.
(D) A person violating the provisions of this section subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars and not exceeding nor more than one hundred dollars or imprisoned for not exceeding more than thirty days. This punishment is in addition to the other remedies which are authorized in this section."
SECTION . Section 29-15-10 of the 1976 Code, as last amended by Act 71 of 2003, is further amended to read:
"Section 29-15-10. (A) It is lawful for any A proprietor, an owner, or an operator of any towing company, storage place facility, garage, or repair shop of whatever kind or repairman who makes repairs upon any article under contract or any person who repairs or furnishes any material for the repairs to an article may sell the property as provided in this section. article at public auction to the highest bidder if:
(1) When property the article has been left at his the shop for repairs or storage, and after the completion of these the repairs have been completed or the expiration of the storage contract has expired,; and
(2) the article has been continuously retained in his possession,; the property may be sold at public auction to the highest bidder; and
(3) upon the expiration of thirty days after have passed since written notice has been was given to the owner of the property article and to any lienholder with a perfected security interest in the property that the repairs have been completed or the storage charges are due contract has expired.
The property article must be sold by a magistrate of the county in which the work was repairs were done or the vehicle or thing article was stored.
(B) Storage costs may must not be charged that have accrued before the notification of the owner and lienholder, until the day after the owner and lienholder have been notified by certified or registered mail, of the location of the vehicle, but may not exceed charges for five days from the date the towing or storage operator receives the owner and lienholder's name and address article. However, all storage costs that accrue from the date day after the notice is mailed may be recovered at the time of the sale from the sale proceeds.
(C) Before the article is sold, the proprietor, owner, or operator of any towing company, storage facility, garage, or repair shop, or any person who repairs or who furnishes material for repairs to the article must apply to the appropriate titling facility, including, but not limited to, the Department of Motor Vehicles or the Department of Natural Resources for the name and address of any owner or lienholder. For non-titled articles, where the owner's name is known, a search must be conducted through the Secretary of State's Office to determine any lienholders. The application must be on prescribed forms as required by the appropriate titling facility or the Secretary of State. If the article has an out-of-state registration, an application must be made to that state's appropriate titling facility. When the article is not titled in this State and does not have a registration from another state, the proprietor, owner, or operator of any towing company, storage facility, garage, or repair shop, or any person who repairs or who furnishes material for repairs to the article may apply to the sheriff or chief of police in the jurisdiction where the article is stored to determine the state where the article is registered. The sheriff or chief of police shall conduct a records search. This search must include, but is not limited to, a search on the National Crime Information Center and any other appropriate search that may be conducted with the article's identification number. The sheriff or chief of police must supply, at no cost to the proprietor, owner, or operator of any towing company, storage facility, garage, or repair shop, or any person who repairs or who furnishes material for repairs the name of the state in which the article is titled.
(D) The magistrate, before selling the property article, shall ensure that the owner or any lienholder of record has been notified of the pending sale,. and the The magistrate shall must advertise the property article for at least fifteen days by posting a notice in three public places in his township. He shall, after deducting all proper costs and commissions, The magistrate must pay to the claimant proprietor, owner, or operator of any towing company, storage facility, garage, or repair shop or any person who repairs or who furnishes material for repairs to the article the money due, to him, taking his receiving a receipt for it, in return. Any remainder of the sale proceeds must be held by the magistrate for the owner of the vehicle or entitled lienholder for ninety days. The magistrate must notify the owner and all lienholders by certified or registered mail, return receipt requested, that the article owner or lienholder has ninety days to claim the proceeds from the sale of the article. If the article proceeds are not collected within ninety days from the day after the notice to the owner and all lienholders is mailed, then the article proceeds must be deposited in the general fund of the county or municipality. after which he shall deposit the receipt, as well as the items of costs and commissions with the remainder of the money or proceeds of the sale in the office of the clerk of court subject to the order of the owner of the article and any lienholders having perfected security interest in the article or any legal representative of the owner or the lienholder. The magistrate who sells the property is entitled to receive the same commissions as allowed by law for the sale of personal property by constables. When the value of the property repaired or stored does not exceed ten dollars, the storage owner, operator, or repairman may sell the property at public auction to the highest bidder upon the expiration of thirty days after written notice has been given to the owner of the property that the repairs have been completed or storage charges are due and if a description of the article to be offered for sale and the cost of it has been from the time of the written notice advertised, together with the time and place of the proposed sale, in a prominent place in the shop or garage, on the county bulletin board at the courthouse, and in some other public place. The sale must be made for cash to the highest bidder at the shop or garage at which the repairs were made or storage incurred at ten a.m. on the first Monday of the first month after the thirty days' notice has been given and the true result of the sale must be immediately made known to the original owner of the article sold by notice addressed to the last known address of the owner.
(E) A proprietor, an owner, or an operator of the towing company, storage facility, garage, or repair shop or any person who repairs or who furnishes material for repairs to the article may hold the license tag of any vehicle until all towing and storage costs have been paid, or if the vehicle is not reclaimed, until it is declared abandoned and sold.
(F) A proprietor, an owner, or an operator of the towing company, storage facility, garage, or repair shop or any person who repairs or who furnishes material for repairs to the article must place a minimum bid of one dollar on the article being sold at public auction. If no higher bid is offered, the article must be awarded to the proprietor, owner, operator, or person who repairs or who furnishes material for repairs to the article at no cost.
(G) For purposes of this section, 'article' means a motor vehicle, trailer, mobile home, watercraft, or any other item or object that is subject to towing, storage, or repair and applies to any article in custody at the time of the enactment of this section. 'Article' includes:
(1) items that are towed and left in the possession of a towing, storage, garage, or repair facility;
(2) contents contained in the article; and
(3) personal property affixed to the article." /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
H. 4797 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF BEGINNER'S PERMITS, SO AS TO PROVIDE THAT A STUDENT WHO IS FIFTEEN YEARS OF AGE ENROLLED IN A HIGH SCHOOL DRIVER'S TRAINING COURSE IS NOT REQUIRED TO OBTAIN A BEGINNER'S PERMIT TO OPERATE A MOTOR VEHICLE; AND TO REPEAL SECTION 56-5-6140 RELATING TO THE DEPARTMENT OF MOTOR VEHICLES PROVIDING A COPY OF MOVING VIOLATION CHARGES AGAINST A PERSON UNDER THE AGE OF EIGHTEEN TO THE OWNER OF THE VEHICLE USED DURING THE VIOLATION.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senators CROMER and HUTTO proposed the following amendment (4797R004.RC), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION to read:
/ SECTION ___. Article 3, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-749. It is unlawful for a minor under the age of eighteen to purchase or knowingly possess cigarettes, tobacco, or cigarette paper. Any minor violating this section is guilty of a misdemeanor and, upon conviction, as defined in Section 56-1-747, must be fined not more than twenty-five dollars and must have his driver's license to operate a motor vehicle suspended for a period of thirty days. After the thirty-day period of suspension has elapsed, the minor may have his driver's license reinstated for a fee of ten dollars, and upon reinstatement, the suspension must be expunged from the minor's driving record." /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
H. 4482 (Word version) -- Reps. Cotty, Altman, G.M. Smith, Davenport, Coates, J. Brown, Richardson, Kirsh, Owens, Weeks, Clark, Harrison, J.R. Smith, E.H. Pitts, Hinson, Walker, J.E. Smith and Whipper: A BILL TO AMEND CHAPTER 29, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENT PLANNING, BY ADDING ARTICLE 11 SO AS TO ENACT THE "FEDERAL DEFENSE FACILITIES UTILIZATION INTEGRITY PROTECTION ACT" WHICH PROVIDES PROCESSES AND PROCEDURES WHEREBY LOCAL PLANNING ENTITIES AND OFFICIALS MUST CONSIDER CERTAIN MATTERS AND TAKE CERTAIN ACTIONS IN REGARD TO DEVELOPMENT IN AREAS CONTIGUOUS TO FEDERAL MILITARY INSTALLATIONS LOCATED IN SOUTH CAROLINA.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator MARTIN proposed the following amendment (JUD4482.003), which was adopted:
Amend the bill, as and if amended, page 2, beginning on line 12, in Sections 6-29-1525 and 6-29-1530, as contained in SECTION 1, by striking Sections 6-29-1525 and 6-29-1530 in their entirety and inserting therein the following:
/ Section 6-29-1525. (A) For purposes of this article, 'federal military installations' includes Fort Jackson, Shaw Air Force Base, McEntire Air Force Base, Charleston Air Force Base, Beaufort Marine Corps Air Station, Beaufort Naval Hospital, Parris Island Marine Recruit Depot, and Charleston Naval Weapons Station.
(B) For purposes of this article, a 'federal military installation overlay zone' is an 'overlay zone' as defined in Section 6-29-720(C)(5) in a geographic area including a federal military installation as defined in this section.
Section 6-29-1530. (A) In any local government which has established a planning department or other entity, such as a board of zoning appeals, charged with the duty of establishing, reviewing, or enforcing comprehensive land use plans or zoning ordinances, that planning department or other entity, with respect to each proposed land use or zoning decision involving land that is located within a federal military installation overlay zone or, if there is no such overlay zone, within three thousand feet of any federal military installation, or within the three thousand foot Clear Zone and Accident Potential Zones Numbers I and II as prescribed in 32 C.F.R. Section 256, defining Air Installation Compatible Use Zones of a federal military airfield, shall:
(1) at least thirty days prior to any hearing conducted pursuant to Section 6-29-530 or 6-29-800, request from the commander of the federal military installation a written recommendation with supporting facts with regard to the matters specified in subsection (C) relating to the use of the property which is the subject of review; and
(2) upon receipt of the written recommendation specified in subsection (A)(1) make the written recommendations a part of the public record, and in addition to any other duties with which the planning department or other entity is charged by the local government, investigate and make recommendations of findings with respect to each of the matters enumerated in subsection (C).
(B) If the base commander does not submit a recommendation pursuant to subsection (A)(1) by the date of the public hearing, there is a presumption that the land use plan or zoning proposal does not have any adverse effect relative to the matters specified in subsection (C).
(C) The matters the planning department or other entity shall address in its investigation, recommendations, and findings must be:
(1) whether the land use plan or zoning proposal will permit a use that is suitable in view of the fact that the property under review is within the federal military installation overlay zone, or, if there is no such overlay zone located within three thousand feet of a federal military installation or within the three thousand foot Clear Zone and Accident Potential Zones Numbers I and II as prescribed in 32 C.F.R. Section 256, defining Air Installation Compatible Use Zones of a federal military airfield;
(2) whether the land use plan or zoning proposal will adversely affect the existing use or usability of nearby property within the federal military installation overlay zone, or if there is no such overlay zone, within three thousand feet of a federal military installation, or within the three thousand foot Clear Zone and Accident Potential Zones Numbers I and II as prescribed in 32 C.F.R. Section 256, defining Air Installation Compatible Use Zones of a federal military airfield;
(3) whether the property to be affected by the land use plan or zoning proposal has a reasonable economic use as currently zoned;
(4) whether the land use plan or zoning proposal results in a use which causes or may cause a safety concern with respect to excessive or burdensome use of existing streets, transportation facilities, utilities, or schools where adjacent or nearby property is used as a federal military installation;
(5) if the local government has an adopted land use plan, whether the zoning proposal is in conformity with the policy and intent of the land use plan given the proximity of a federal military installation; and
(6) whether there are other existing or changing conditions affecting the use of the nearby property such as a federal military installation which give supporting grounds for either approval or disapproval of the proposed land use plan or zoning proposal.
(D) Where practicable, local governments shall incorporate identified boundaries, easements, and restrictions for federal military installations into official maps as part of their responsibilities delineated in Section 6-29-340. /
Amend the bill further, as and if amended, page 4, line 8, in SECTION 1, by striking / 15-29-1540 / and inserting / 6-29-1540/.
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
The amendment was adopted.
Senators MARTIN and RICHARDSON spoke on the Bill.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
H. 4527 (Word version) -- Reps. M.A. Pitts, Bailey and Koon: A BILL TO AMEND SECTION 12-6-1140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS, SO AS TO EXTEND THE DEDUCTION ALLOWED AN ELIGIBLE VOLUNTEER FIREMAN, VOLUNTEER RESERVE SQUAD MEMBER, AND VOLUNTEER MEMBER OF A HAZARDOUS MATERIALS (HAZMAT) RESPONSE TEAM TO A RESERVE POLICE OFFICER, TO DELETE OBSOLETE LANGUAGE, AND TO PROVIDE DEDUCTION ELIGIBILITY REQUIREMENTS FOR A RESERVE POLICE OFFICER.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senators ALEXANDER and GROOMS proposed the following amendment (GGS\22758HTC04), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered penultimate SECTION to read:
/ SECTION __. Title 32 of the 1976 Code is amended by adding:
Section 32-13-110. (A) If a contract calls for one party to reimburse the other party for the federal manufacturer's excise tax levied by Part III, Subchapter A, Chapter 32 of the United States Internal Revenue Code, whether as a separate item or as part of the price, there exists for the party making the reimbursement a contractual right relating to the timing of that payment which may be invoked at the option of the party as provided in subsection (B).
(B) The party making the reimbursement is not required to tender payment for the taxes more than one business day before the time that the other party is required to remit the taxes to the United States Internal Revenue Service.
(C) If a party exercises the option provided in subsections (A) and (B), the other party may demand security for the payment of the taxes in proportion to the amount the taxes represent compared to the security demanded on the contract as a whole. That party, however, may not change the other payment terms of the contract without a valid business reason other than to exercise the option as provided in subsections (A) and (B) except to require the payment of the taxes under the option to be made by electronic transfer of funds.
(D) The party exercising the option provided in subsections (A) and (B) shall notify the other party in writing of the intent to exercise the payment option and the effective date of the exercise which must be no earlier than thirty days after the notice of intent is received or the beginning of the next federal tax quarter, whichever is later.
(E) This section applies to all contracts now in effect which have no expiration date and are continuing contracts and to all other contracts entered into or renewed after the effective date of this section. A contract in force and effect on the effective date of this section, which, by its own terms terminates on a date subsequent to it, must be governed by the law as it existed before the effective date of this section.
(F) The option provided for in subsections (A) and (B) does not impair the obligations arising under any contract executed before the effective date of this section. If the option provided for in subsections (A) and (B) is exercised, it does not relieve the party of the obligation to make the reimbursement as provided for in the contract but affects only the timing of when that reimbursement must be tendered." /
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 read the third time and ordered returned to the House of Representatives with amendments.
H. 4756 (Word version) -- Reps. Jennings, Lucas, Freeman, Neilson, Trotter, Frye and Rhoad: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING SEASONS FOR SMALL GAME, SO AS TO EXTEND THE HUNTING SEASON FOR SQUIRREL IN GAME ZONE 5.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator GREGORY proposed the following amendment (4756R001.CKG), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ____. (A) The Mitigation Trust Fund of South Carolina is credited created for the purposes of receiving gifts, grants, contributions, and other proceeds for mitigation projects in the State. The Board of Trustees for the Mitigation Trust Fund is the chairman and the members of the South Carolina Department of Natural Resources Board with full authority over the administration of the funds deposited in the fund. The State Treasurer is the custodian of the fund and shall invest its assets in an interest-bearing account pursuant to South Carolina law.
(B) The Mitigation Trust Fund may receive appropriations of state general funds, federal funds, donations, gifts, bond issue receipts, securities, and other monetary instruments of value. Reimbursement for monies expended from this fund must be deposited in this fund. Funds received through sale, exchange, or otherwise, of products of the property including, but not limited to, timber and utility easement rights, accrue to the Mitigation Trust Fund. Funds recovered for losses or damages to natural resources must be deposited to the Mitigation Trust Fund to be used first for restoration in the areas affected and then as provided in subsection (C) of this section.
(C) The income received and accruing from the fund must be spent only for the acquisition, restoration, enhancement, or management of property for mitigation for adverse impacts to natural resources.
(D) The trustees of the Mitigation Trust Fund are authorized to disburse funds to the South Carolina Center for Birds of Prey to fund construction of the Avian Conservation Center in Charleston County.
(D) (E) The proceeds from this fund may be carried forward from year to year and do not revert to the general fund of the State. /
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 and ordered returned to the House of Representatives with amendments.
The following Bill and Joint Resolution were read the third time and ordered sent to the House of Representatives:
S. 1260 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA STATE LIBRARY, RELATING TO CERTIFICATION PROGRAM FOR PUBLIC LIBRARIANS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2899, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 855 (Word version) -- Senators Knotts, Cromer, Verdin, Richardson, Giese, Leatherman, Peeler, Branton, Ravenel, Glover, Kuhn, Waldrep, Mescher and McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 9-1-1675 AND 9-11-165 SO AS TO PROVIDE THAT NO MORE THAN THIRTY-SIX MONTHS OF OVERPAYMENTS MAY BE RECOUPED FROM THE RETIREMENT BENEFITS OF RETIREES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO RECEIVED OVERPAYMENTS THROUGH NO FRAUDULENT ACT OF THE RETIREE.
The following Bill, having been read the second time, was ordered placed on the Third Reading Calendar:
H. 4904 (Word version) -- Rep. Walker: A BILL TO AMEND SECTION 56-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME PERIOD FOR REGISTERING AND LICENSING A MOTOR VEHICLE, THE ISSUANCE OF TEMPORARY LICENSE PLATES, SO AS TO REVISE THE CONTENTS OF A TEMPORARY LICENSE PLATE.
H. 4734 (Word version) -- Reps. Howard, Cobb-Hunter, Gourdine, Jennings, Lee, J.H. Neal, Weeks, Ott, Lourie, Kennedy, Harvin, Coleman and Whipper: A BILL TO AMEND SECTIONS 2-19-10, 2-19-20, 2-19-35, 2-19-70, AND 2-19-80, ALL AS AMENDED, AND SECTION 2-19-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, ALL SO AS TO CHANGE THE COMMISSION'S PROCESS FOR NOMINATING JUDICIAL CANDIDATES FROM THE NOMINATION OF THREE CANDIDATES TO THE RELEASE OF A LIST OF ALL QUALIFIED CANDIDATES TO THE GENERAL ASSEMBLY AND TO PROVIDE FURTHER CONFORMING CHANGES.
Senator RICHARDSON asked unanimous consent to take the Bill up for immediate consideration.
Senator MOORE objected.
H. 3831 (Word version) -- Reps. Cato, Chellis, Coates, Cobb-Hunter, Edge, Emory, Harrison, Huggins, Limehouse, Sandifer, J.E. Smith, Talley and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 15, TITLE 56 SO AS TO REQUIRE CERTAIN APPLICANTS FOR AN INITIAL NONFRANCHISE AUTOMOBILE DEALER LICENSE TO COMPLETE CERTAIN PRE-LICENSING EDUCATION COURSES BEFORE THEY MAY BE ISSUED A LICENSE, AND TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL PROMULGATE REGULATIONS TO IMPLEMENT THIS PROVISION.
Senator GROOMS asked unanimous consent to take the Bill up for immediate consideration.
Senator FORD objected.
H. 5094 (Word version) -- Rep. Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1555 SO AS TO ALLOW AN AIRLINE COMPANY TO PURCHASE BEER, WINE, AND ALCOHOLIC LIQUOR DIRECTLY FROM A LICENSED WHOLESALER, TO PROVIDE THAT THE WHOLESALER MAY SELL AND DELIVER THE BEER, WINE, AND ALCOHOLIC LIQUOR TO AN AIRLINE COMPANY, AND TO PROVIDE A PENALTY IF A PERSON USES BEER, WINE, OR ALCOHOLIC LIQUOR PURCHASED PURSUANT TO THIS SECTION FOR ANOTHER PURPOSE OTHER THAN THE SALE OR USE BY THE AIRLINE COMPANY.
Senator RANKIN asked unanimous consent to take the Bill up for immediate consideration.
Senator KNOTTS objected.
The following Bills were carried over as follows:
H. 3065 (Word version) -- Rep. Kirsh: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 55 ENACTING THE "OVERDUE TAX DEBT COLLECTION ACT" AUTHORIZING THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO IMPOSE A COLLECTION ASSISTANCE FEE ON CERTAIN OVERDUE TAX DEBTS EQUAL TO TWENTY PERCENT OF THE OVERDUE AMOUNT AND TO ALLOW THE DEPARTMENT TO RETAIN A PORTION OF THE COLLECTION ASSISTANCE FEE FOR ITS OPERATION.
On motion of Senator ALEXANDER, with unanimous consent, the Bill was carried over.
H. 4675 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LITTERING, SO AS TO PROVIDE THAT WHEN THE SENTENCE FOR A VIOLATION OF THIS SECTION INCLUDES LITTER-GATHERING, THE LITTER-GATHERING PORTION IS MANDATORY; HOWEVER THE COURT MAY DIRECT THE PERSON TO PAY AN ADDITIONAL MONETARY PENALTY IN LIEU OF THE SENTENCE, TO PROVIDE THE CIRCUMSTANCES WHEN PROBATION MAY BE GRANTED IN LIEU OF A LITTER-GATHERING SENTENCE, TO PROVIDE FOR THE DISTRIBUTION OF FUNDS COLLECTED IN LIEU OF A MANDATORY LITTER-GATHERING SENTENCE, AND TO PROVIDE WHEN A VIOLATION OF THIS SECTION CONSTITUTES A PRIOR VIOLATION WITHIN THE MEANING OF THIS SECTION; AND TO AMEND SECTION 56-25-20, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE FOR FAILURE TO COMPLY WITH CERTAIN TRAFFIC CITATIONS, SO AS TO REVISE THIS SECTION TO INCLUDE A SUMMONS FOR CERTAIN LITTER VIOLATIONS.
Senator THOMAS explained the Bill.
On motion of Senator LEATHERMAN, with unanimous consent, the Bill was carried over.
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.
On motion of Senator McGILL, with unanimous consent, the Bill was carried over.
H. 4740 (Word version) -- Reps. Miller, Hayes, J.E. Smith, Altman, Anthony, Battle, Bowers, Branham, Ceips, Clark, Clemmons, Clyburn, Frye, Gourdine, Hagood, Harrison, Herbkersman, Whipper, M. Hines, Hinson, Hosey, Keegan, Leach, Littlejohn, Lloyd, Ott, Rhoad, Rice, Richardson, Scarborough, Snow, Stille, Taylor, Townsend, Vaughn, Whitmire, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA SAFE ROUTES TO SCHOOLS ACT" BY ADDING SECTION 59-17-150 SO AS TO PROVIDE THAT MUNICIPAL AND COUNTY GOVERNING BODIES SHALL WORK WITH SCHOOL DISTRICTS LOCATED IN THEIR JURISDICTIONS TO IDENTIFY BARRIERS AND HAZARDS TO CHILDREN WALKING OR BICYCLING TO AND FROM SCHOOL, TO PROVIDE THAT THE MUNICIPALITIES, COUNTIES, AND DISTRICTS MAY DEVELOP A PLAN FOR THE FUNDING OF IMPROVEMENTS DESIGNED TO REDUCE THE BARRIERS AND HAZARDS IDENTIFIED, TO PROVIDE THAT EACH SCHOOL DISTRICT SHALL FORM A COORDINATING COMMITTEE AND EACH SCHOOL SHALL FORM A SAFE ROUTES TO SCHOOL TEAM TO PERFORM SPECIFIED FUNCTIONS IN REGARD TO SAFE PEDESTRIAN AND BICYCLE ROUTES TO SCHOOL, AND TO PROVIDE THAT THE FIRST WEDNESDAY OF OCTOBER OF EACH YEAR IS DESIGNATED AS "WALK YOUR CHILD TO SCHOOL/BIKE TO SCHOOL DAY" IN EACH SCHOOL DISTRICT OF THIS STATE.
On motion of Senator SETZLER, with unanimous consent, the Bill was carried over.
H. 3734 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 48-20-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF FEES AND CIVIL PENALTIES COLLECTED PURSUANT TO THE SOUTH CAROLINA MINING ACT, SO AS TO PROVIDE THAT ANY INCREASE IN FEE REVENUE ATTRIBUTABLE TO THE FEE STRUCTURE IMPOSED JULY 1, 2003, MUST BE APPROPRIATED FOR THE BUDGET OF THE MINING AND RECLAMATION PROGRAM IN THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SPECIFICALLY TO PROVIDE ADDITIONAL STAFF FOR THE PROGRAM AND TO PROVIDE EDUCATIONAL AND TRAINING ASSISTANCE TO THE MINING INDUSTRY IN THIS STATE.
On motion of Senator LEATHERMAN, with unanimous consent, the Bill was carried over.
H. 4968 (Word version) -- Reps. Limehouse, Harrell, J.E. Smith, Cato, Ceips, Clyburn, Edge, Herbkersman, Hinson, Lourie, Neilson, Cobb-Hunter, Lloyd, Gourdine, J.H. Neal, Parks and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 TO TITLE 12 SO AS TO ENACT THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, PROVIDING FOR NEW TAX INCENTIVES FOR MOTION PICTURE PRODUCTION COMPANIES SPENDING MONIES IN SOUTH CAROLINA, SPECIFICALLY, RELIEF FROM THE SALES AND USE TAX, AN EMPLOYMENT TAX REBATE, AND A SEVEN PERCENT REBATE OF THE COST OF GOODS AND SERVICES, AS WELL AS ASSISTANCE AND CONVENIENCE IN LOCATING, AND NEGOTIATING RATES FOR THE USE OF, PUBLIC PROPERTY AS FILMING LOCATIONS, AUTHORIZATION OF THE FORMATION OF A SOUTH CAROLINA FILM FOUNDATION TO SOLICIT DONATIONS FOR THE RECRUITMENT OF MOTION PICTURE PRODUCTIONS TO THIS STATE, AND FUNDING FROM A PORTION OF THE ADMISSIONS TAX COLLECTED BY THE STATE TO SUPPORT THE FUNCTIONS OF THE SOUTH CAROLINA FILM COMMISSION IN THESE EFFORTS AND TO PROVIDE FOR PROMOTION OF COLLABORATIVE EFFORTS BETWEEN STATE INSTITUTIONS OF HIGHER LEARNING AND MOTION PICTURE RELATED ENTITIES; TO AMEND ARTICLE 25, CHAPTER 6 OF TITLE 12, RELATING TO SOUTH CAROLINA INCOME TAX CREDITS, BY ADDING SECTION 12-6-3560 SO AS TO PROVIDE FOR A CREDIT AGAINST THE STATE INCOME TAX TO ENCOURAGE THE PRODUCTION OF TELEVISED COMMERCIAL ADVERTISEMENTS IN THIS STATE, AND BY ADDING SECTION 12-6-3570 SO AS TO PROVIDE FOR CREDITS AGAINST THE STATE INCOME TAX FOR A PORTION OF THE TAXPAYER'S CASH INVESTMENT IN A MOTION PICTURE PROJECT OR IN THE CONSTRUCTION, CONVERSION, AND EQUIPPING OF A MOTION PICTURE PRODUCTION OR POST-PRODUCTION FACILITY IN THIS STATE; TO AMEND SECTION 12-36-920, RELATING TO THE ACCOMMODATIONS TAX, SO AS TO PROVIDE RELIEF FROM THE PAYMENT OF THE TAX BY A MOTION PICTURE PRODUCTION COMPANY PRODUCING A MOTION PICTURE IN SOUTH CAROLINA; TO AMEND SECTION 12-36-110, RELATING TO "SALE AT RETAIL" FOR PURPOSES OF THE STATE'S SALES AND USE TAX, SO AS TO PROVIDE THAT THE TERM DOES NOT APPLY TO A PURCHASE MADE IN CONNECTION WITH THE CERTIFIED PRODUCTION OF A MOTION PICTURE; AND TO AMEND SECTION 1-30-25, AS AMENDED, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO SUBSTITUTE "SOUTH CAROLINA FILM COMMISSION" FOR "SOUTH CAROLINA FILM OFFICE".
On motion of Senator HAYES, with unanimous consent, the Bill was carried over.
H. 4978 (Word version) -- Reps. Townsend, Stille, J.M. Neal, Gilham, Pinson, Lourie and Martin: A BILL TO AMEND SECTION 59-150-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TUITION ASSISTANCE FOR TECHNICAL COLLEGES AND TWO-YEAR INSTITUTIONS, SO AS TO PROVIDE THAT A HIGH SCHOOL STUDENT WHO IS DUALLY ENROLLED IN AN ELIGIBLE TWO-YEAR INSTITUTION IS NOT REQUIRED TO BE DEGREE SEEKING AND IS NOT REQUIRED TO COMPLETE A FREE APPLICATION FOR FEDERAL STUDENT AID (FAFSA) APPLICATION TO QUALIFY AS A FIRST TIME ENTERING FRESHMAN.
On motion of Senator SETZLER, with unanimous consent, the Bill was carried over.
H. 4575 (Word version) -- Reps. Sheheen, McGee and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-862 SO AS TO REQUIRE A CLERK OF COURT TO SERVE NOTICE OF A RULE TO SHOW CAUSE HEARING FOR AN ARREARAGE IN CHILD SUPPORT OR PERIODIC ALIMONY TO THE PARTY OWED THE SUPPORT.
On motion of Senator FAIR, with unanimous consent, the Bill was carried over.
H. 5042 (Word version) -- Reps. Wilkins, Harrison and Jennings: A BILL TO AMEND SECTIONS 2-17-20 AND 2-17-25, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION BY LOBBYISTS AND LOBBYIST'S PRINCIPALS, SO AS TO PROVIDE THAT LOBBYISTS AND LOBBYIST'S PRINCIPALS MAY NOT REGISTER OR REREGISTER UNTIL ALL LATE FILING PENALTIES ARE PAID; TO AMEND SECTION 2-17-50, AS AMENDED, RELATING TO THE REQUIREMENT THAT THE STATE ETHICS COMMISSION ENFORCE FILING REQUIREMENTS OF CHAPTER 17, TITLE 2, SO AS TO CHANGE THE ASSESSMENT OF THE FINE AFTER A REQUIRED STATEMENT HAS BEEN FILED AND THE REQUIRED NOTICE HAS BEEN GIVEN; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO CLARIFY THAT ALL INVESTIGATIONS, INQUIRIES, HEARINGS, AND ACCOMPANYING DOCUMENTS MUST BE CONFIDENTIAL UNTIL FINAL DISPOSITION OF A MATTER UNLESS THE RESPONDENT WAIVES THIS RIGHT BY WRITTEN AUTHORIZATION TO THE COMMISSION; TO AMEND SECTION 8-13-700, AS AMENDED, RELATING TO THE PROHIBITION OF A PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE USING HIS OFFICIAL POSITION FOR PERSONAL GAIN, SO AS TO EXPAND THE PROHIBITION TO INCLUDE A FAMILY MEMBER INSTEAD OF A MEMBER OF HIS IMMEDIATE FAMILY; TO AMEND SECTION 8-13-1125, AS AMENDED, RELATING TO THE EXCEPTION TO THE REPORTING REQUIREMENT IN SECTION 8-13-1120 (A)(9) FOR EVENTS TO WHICH THE ENTIRE LEGISLATIVE BODY IS INVITED, SO AS TO AUTHORIZE THE EXCEPTION FOR THE ENTIRE MEMBERSHIP OF A STANDING COMMITTEE OR COUNTY LEGISLATIVE DELEGATION IF PROPER RECORDS ARE MAINTAINED AND MADE AVAILABLE TO THE PUBLIC FOR INSPECTION AND COPYING; AND TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO CLARIFY THAT IF A MUNICIPAL ELECTION IS NOT HELD PURSUANT TO SECTION 7-13-190, THE CANDIDATE SHALL FILE A CAMPAIGN DISCLOSURE REPORT WITHIN FIFTEEN DAYS OF BEING DECLARED A WINNER OR FIFTEEN DAYS BEFORE THE ESTABLISHED ELECTION DATE, WHICHEVER DATE IS SOONER.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator MOORE proposed the following amendment (JUD5042.006):
Amend the bill, as and if amended, page 3, beginning on line 1, by striking SECTION 3 in its entirety and inserting therein the following:
/ SECTION 3. Section 2-17-20(C) of the 1976 Code, as last amended by Act 76 of 2003, is further amended to read:
"(C) Each lobbyist who ceases to engage in lobbying requiring him to register pursuant to the provisions of this section shall file a written statement with the State Ethics Commission acknowledging the termination of lobbying. The written statement of termination is effective immediately, except that the provisions of Sections 2-17-80(A)(5), 2-17-80(B)(5), 2-17-80(B), 2-17-80(C)(5), 2-17-110(C), and 2-17-110(F) continue in force and effect for the remainder of the calendar year in which the lobbyist was registered, regardless of the date of the termination statement filed with the State Ethics Commission. Each lobbyist who files a written statement of termination pursuant to the provisions of this section must file reports required by this chapter for any reporting period during which the lobbyist was registered pursuant to the provisions of this section." /
Amend the bill further, as and if amended, page 3, beginning on line 28, by striking SECTION 5 in its entirety and inserting therein the following:
/ SECTION 5. Section 2-17-25(C) of the 1976 Code, as last amended by Act 76 of 2003, is further amended to read:
"(C) Each lobbyist's principal who ceases to authorize lobbying requiring him to register pursuant to this section must file a written statement with the State Ethics Commission acknowledging the termination of lobbying. The written statement of termination is effective immediately, except that the provisions of Sections 2-17-80(A)(5), 2-17-80(B)(5), 2-17-80(B), 2-17-80(C)(5), 2-17-110(C), and 2-17-110(F) continue in force and effect for the remainder of the calendar year in which the lobbyist's principal was registered, regardless of the date of the termination statement filed with the State Ethics Commission. Each lobbyist's principal who files a written statement of termination pursuant to this section shall file reports required by this chapter for any reporting period during which the lobbyist's principal was registered pursuant to this section." /
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
On motion of Senator MOORE, with unanimous consent, the Bill was carried over.
At 1:04 P.M., on motion of Senator LEATHERMAN, the Senate receded from business until 1:30 P.M.
At 1:38 P.M., the Senate resumed.
At 1:41 P.M., Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator LEATHERMAN moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Courson Cromer Drummond Elliott Fair Ford Giese Gregory Grooms Hawkins Hayes Hutto Knotts Kuhn Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Ryberg Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
A quorum being present, the Senate resumed.
Senator BRANTON recorded his presence subsequent to the Call of the Senate.
By prior motion of Senator McCONNELL of Thursday, May 27, 2004, the time certain had arrived to take up H. 3080 for immediate consideration under Rule 15C.
H. 3080 (Word version) -- Reps. Easterday and Hinson: A BILL TO AMEND TITLE 58, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-230 SO AS TO PROHIBIT THE UNAUTHORIZED CHANGE OF A CUSTOMER'S UTILITY SERVICE PROVIDER, TO REQUIRE THAT THE AUTHORIZATION BE OBTAINED PURSUANT TO APPROPRIATE STATE AND FEDERAL REGULATIONS, TO PROVIDE THAT THE AUTHORIZATION FOLLOWS THE CUSTOMER, AND TO ESTABLISH PENALTIES.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator MOORE was recognized to speak on the Bill.
Senators MOORE, McCONNELL and RITCHIE proposed the following Amendment No. P1-C (JUD3080.034), which was adopted:
Amend Amendment No. 1 by striking the amendment and inserting:
/ Amend the bill, as and if amended, page 2, line 23, by striking SECTION 2 in its entirety.
Amend the bill further, as and if amended, by adding appropriately numbered SECTIONS to read:
SECTION ___. Section 58-9-280(I) of the 1976 Code, as last amended by Act 354 of 1996, is further amended to read:
"(I) The incumbent LEC's subject to this section shall be are authorized to meet the offerings of any local exchange carrier serving the same area by packaging services together, using volume discounts and term discounts, and by offering individual contracts for services, except as restricted by federal law. Individual contracts for services or contracts with other providers of telecommunications services shall must not be filed with the commission, except as required by federal law, provided that telecommunications carriers shall provide access to such contracts to the commission as required; however, such contracts may be obtained by the Office of Regulatory Staff pursuant to Sections 58-4-50 and 58-4-55."
SECTION ___. Chapter 9, Title 58 of the 1976 Code is amended by adding:
"Section 58-9-285. (A) As used in this section:
(1) 'Bundled offering' means:
(a) for a qualifying LEC, an offering of two or more products or services to customers at a single price provided that:
(i) the bundled offering must be advertised and sold as a bundled offering at rates, terms, or conditions that are different than if the services are purchased separately from the LEC's tariffed offerings;
(ii) each regulated product or service in the offering is available on a stand-alone basis under a tariff on file with the commission; and
(iii) the qualifying LEC has a tariffed flat-rated local exchange service offering for residential customers and for single-line business customers on file with the commission that provides access to the services and functionalities set forth in Section 58-9-10(9).
(b) for a qualifying IXC, an offering of two or more products or services to customers at a single price provided that:
(i) the bundled offering must be advertised and sold as a bundled offering at rates, terms, or conditions that are different than if the services are purchased separately from the IXC's tariffed offerings; and
(ii) each regulated product or service in the offering is available on a stand-alone basis under a tariff on file with the commission.
(2) 'Contract offering' means any contractual agreement, memorialized in writing, by which a qualifying LEC or a qualifying IXC offers any tariffed product or service to any customer at rates, terms, or conditions that differ from those set forth in the qualifying LEC's or qualifying IXC's tariffs.
(3) 'Qualifying IXC' means any interexchange carrier operating under alternative means of regulation authorized by the commission.
(4) 'Qualifying LEC' means any LEC operating under an alternative means of regulation pursuant to Section 58-9-575; any LEC that has elected to have rates, terms, and conditions for its services determined pursuant to the plan described in Section 58-9-576(B); and any LEC that has elected to have rates, terms, and conditions determined pursuant to alternative means of regulation under Section 58-9-577.
(B) The commission must not:
(1) impose any requirements related to the terms, conditions, rates, or availability of any bundled offering or contract offering of any qualifying LEC or qualifying IXC that a customer accepts after the effective date of this act; or
(2) otherwise regulate any bundled offering or contract offering of any qualifying LEC or qualifying IXC that a customer accepts after the effective date of this act. Without limiting the foregoing, purchasers of bundled offerings and contract offerings shall submit complaints regarding such offerings to the Office of Regulatory Staff, and the Office of Regulatory Staff shall provide a copy of such complaint to the qualifying LEC or qualifying IXC referenced in the complaint. The Office of Regulatory Staff shall endeavor to facilitate a voluntary and mutually-acceptable resolution of such complaints.
(C) A qualifying LEC or qualifying IXC providing bundled offerings or contract offerings is obligated to provide contributions to the Universal Service Fund (USF), and the commission shall ensure that contributions to the state USF, pursuant to Section 58-9-280(E), are maintained at appropriate levels. Nothing in this section affects the commission's jurisdiction over distributions from the USF pursuant to Section 58-9-280(E).
(D) Access minutes of use must continue to be classified and reported for purposes of administering the Interim LEC Fund, pursuant to Section 58-9-280(M), in the same manner as they were classified and reported before the effective date of this subsection.
(E) Nothing in this section affects any jurisdiction conferred upon the commission by 47 U.S.C. Section 254(k).
(F) Nothing in this section affects the commission's jurisdiction over complaints alleging that a change in a subscriber's selection of a provider of telecommunications service was made without appropriate authorization or that services that the customer did not order appear on the customer's bill.
(G) The State Regulation of Public Utilities Review Committee may request the Office of Regulatory Staff to compile information to enable the review committee to monitor the effect of bundled offerings and contract offerings on the provision of telecommunications services in South Carolina."
SECTION ___. Section 58-9-576 of the 1976 Code is amended to read:
"Section 58-9-576. (A) Any LEC may elect to have rates, terms, and conditions determined pursuant to the plan described in subsection (B), provided if the commission: (1) has approved a local interconnection agreement in which the LEC is a participant with an entity determined by the commission not to be affiliated with the LEC, or (2) the commission determines that another provider's service competes with the LEC's basic local exchange telephone service, or (3) determines that at least two wireless providers have coverage generally available in the LEC's service area and that the providers are not affiliates of the LEC. A determination by the commission under subitem (3) of this subsection shall not constitute a determination under Section 58-9-280(E)(3) or (G)(1), or any other applicable provision of law, that a wireless provider is providing services that compete with a local telecommunications service in this State for purposes of participation in the state Universal Service Fund.
(B) Notwithstanding any other provision of this chapter, effective July 1, 1996, any LEC may elect to have its rates, terms, and conditions for its services determined pursuant to the plan described in this subsection, in lieu of other forms of regulation including, but not limited to, rate of return or rate base monitoring or regulation, upon the filing of notice with the commission as follows:
(1) If the provisions of subsection (A) have been met complied with, the plan under this subsection becomes effective on the date specified by the electing LEC, but in no event sooner than thirty days after such the notice is filed with the commission.
(2) On Except as provided in item (8), on the date a LEC notifies the commission of its intent to elect the plan described in this section, existing rates, terms, and conditions for the services provided by the electing LEC contained in the then-existing tariffs and contracts are considered just and reasonable.
(3) The rates for flat-rate local exchange services for residential and single-line business customers on the date of election shall be the maximum rates that such the LEC may charge for these local exchange services for a period of two years from the date the election is filed with the commission. During such this period, the local exchange company may charge less than the authorized maximum rates for these services. For those small LEC's whose prices are below the statewide average local service rate, weighted by number of access lines, the commission shall waive the requirements of this paragraph until the time as those prices equal the statewide average local service rate, weighted by the number of access lines.
(4) For those companies to which item (3) applies, after the expiration of the period set forth above, the rates for flat-rate local exchange residential and single-line business service provided by a LEC may be adjusted on an annual basis pursuant to an inflation-based index.
(5) The LEC's shall set rates for all other services on a basis that does not unreasonably discriminate between similarly situated customers; provided, however, that all such. All of these rates are subject to a complaint process for abuse of market position in accordance with guidelines to be adopted by the commission. The commission shall resolve any complaint alleging abuse of market position within one hundred eighty days of the date the complaint is filed with the commission. Rates that exceed the total service long run incremental cost of an offering or that satisfy Section 58-9-280(I) do not constitute an 'abuse of market position.' Other rates constitute an 'abuse of market position' if they constitute any anticompetitive pricing action that prohibits a new firm from entering a market or that would cause a firm to exit a market. Additionally, during any given twelve-month period, the aggregate increases in the tariffed rates for other services must not exceed five percent of the aggregate revenues from tariffed other services during the prior twelve-month period.
(6) A LEC subject to this section shall file tariffs for its local exchange services that set out the terms and conditions of the services and the rates for such these services. The tariff shall be presumed valid and become effective seven days after filing for price decreases and fourteen days after filing for price increases and new services.
(7) Any incumbent LEC operating under an alternative regulatory plan approved by the commission before the effective date of this section must adhere to such the plan until such the plan expires or is terminated by the commission, whichever is sooner.
(8) On the date a LEC notifies the commission of its intent to elect the plan described in this section under the criteria established by the provisions of subsection (A)(3), existing rates, terms, and conditions for the services provided by the electing LEC contained in the then-existing tariffs and contracts are considered just and reasonable; however, a LEC's election to be regulated pursuant to the plan described in this section under the criteria established by the provisions of subsection (A)(3) must not be used as the basis for dismissing or not adjudicating a pending complaint relating to the LEC's rates, terms, or conditions."
SECTION ___. Section 58-3-580 of the 1976 Code, as added by 175 of 2004, is amended to read:
"Section 58-3-580. No later than June 30, 2004, the The review committee must allocate personal service positions and other appropriations within the commission to either the commission or the Office of Regulatory Staff. The review committee must organize appropriate divisions within the commission and, as submitted by the executive director, within the Office of Regulatory Staff. Notwithstanding any other provision of law, the review committee is authorized to approve position descriptions and compensation schedules for each position within the Office of Regulatory Staff. Notwithstanding any other provision of law, the salary of the Executive Director of the Office of Regulatory Staff shall not be construed as limiting the maximum salary that may be paid to other employees of the Office of Regulatory Staff. The review committee's authority to reorganize the agencies and assign personal service positions and other appropriations supersedes any provision of law to the contrary. In effectuating the review committee's assignment of positions between agencies, the Budget and Control Board is directed to assign through transfer both the position and the appropriation for the position. Notwithstanding this section or any other provision of law, the Executive Director of the Office of Regulatory Staff has sole authority to select and employ personnel of the Office of Regulatory Staff. On and after June 30, 2004, a commission employee whose position is transferred to the Office of Regulatory Staff is, upon application to the executive director, entitled only to due consideration for the position."
SECTION ___. Section 58-4-60(C) of the 1976 Code, as added by 175 of 2004, is amended to read:
"(C) The Office of Regulatory Staff must certify to the Department of Revenue annually on or before May first the amounts to be assessed; however, the deadline shall not apply to the certification made to the Department of Revenue in 2004."
SECTION ___. Section 58-4-100 of the 1976 Code, as added by 175 of 2004, is amended to read:
"Section 58-4-100. To the extent necessary to carry out regulatory staff responsibilities, the executive director is authorized to employ expert witnesses and other professional expertise as the executive director may consider necessary to assist the regulatory staff in its participation in commission proceedings. The compensation paid to these persons may not exceed compensation generally paid by the regulated industry for such specialists. The compensation and expenses therefor must be paid by the public utility or utilities participating in the proceedings upon order of the commission agreement between the public utility or utilities participating in the proceedings and the Office of Regulatory Staff or upon approval by the Review Committee or from the regulatory staff's budget. If paid by the public utility or utilities, the compensation and expenses must be treated by the commission, for ratemaking purposes, in a manner generally consistent with its treatment of similar expenditures incurred by utilities in the presentation of their cases before the commission. An accounting of compensation and expenses must be reported annually to the review committee, the Speaker of the House of Representatives, and the Chairman of the Senate Judiciary Committee."
SECTION ___. The duties and responsibilities of the Office of Regulatory Staff, as delineated in and established by Act 175 of 2004, take effect with respect to small LECs on October 1, 2004. The duties and responsibilities of the Consumer Advocate, as delineated in Part 6, Chapter 6 of Title 37, cease with respect to small LECs on October 1, 2004. To the extent there are any such pending matters on October 1, 2004, in which the Consumer Advocate is a party, the Office of Regulatory Staff must be substituted as a party instead of and in place of the Consumer Advocate.
SECTION ___. Upon approval by the Governor, this act takes effect on July 1, 2004, except that Sections 58-9-576(A) and (B)(2), (3), and (8) take effect October 1, 2004, and Sections 58-3-530, 58-3-580, 58-4-60(C), and 58-4-100 take effect immediately. /
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
Senator MOORE proposed the following Amendment No. 1 (JUD3080.035), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Section 58-9-576(A) of the 1976 Code, as added by Act 354 of 1996 is amended to read:
"(A) Any LEC may elect to have rates, terms, and conditions determined pursuant to the plan described in subsection (B), provided the commission has approved a local interconnection agreement in which the LEC is a participant with an entity determined by the commission not to be affiliated with the LEC or the commission determines that another provider's service competes with the LEC's basic local exchange telephone service, or the LEC is a 'small local exchange carrier' as defined by Section 58-9-10(14)." /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
By prior motion of Senator McCONNELL of Thursday, May 27, 2004, under the provisions of Rule 15C, debate on amendments would be limited to ten minutes, equally divided between proponents and opponents.
Senator KNOTTS proposed the following Amendment No. 11 (JUD3080.036), which was tabled:
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 58-9-576 of the 1976 Code is amended to read:
"Section 58-9-576. (A) Any LEC may elect to have rates, terms, and conditions determined pursuant to the plan described in subsection (B), provided if the commission: (1) has approved a local interconnection agreement in which the LEC is a participant with an entity determined by the commission not to be affiliated with the LEC, or (2) the commission determines that another provider's service competes with the LEC's basic local exchange telephone service.
(B) Notwithstanding any other provision of this chapter, effective July 1, 1996, any LEC may elect to have its rates, terms, and conditions for its services determined pursuant to the plan described in this subsection, in lieu of other forms of regulation including, but not limited to, rate of return or rate base monitoring or regulation, upon the filing of notice with the commission as follows:
(1) If the provisions of subsection (A) have been met complied with, the plan under this subsection becomes effective on the date specified by the electing LEC, but in no event sooner than thirty days after such the notice is filed with the commission.
(2) On Except as provided in item (8), on the date a LEC notifies the commission of its intent to elect the plan described in this section, existing rates, terms, and conditions for the services provided by the electing LEC contained in the then-existing tariffs and contracts are considered just and reasonable.
(3) The rates for flat-rate local exchange services for residential and single-line business customers on the date of election shall be the maximum rates that such the LEC may charge for these local exchange services for a period of two years from the date the election is filed with the commission. During such this period, the local exchange company may charge less than the authorized maximum rates for these services. For those small LEC's whose prices are below the statewide average local service rate, weighted by number of access lines, the commission shall waive the requirements of this paragraph until the time as those prices equal the statewide average local service rate, weighted by the number of access lines.
(4) For those companies to which item (3) applies, after the expiration of the period set forth above, the rates for flat-rate local exchange residential and single-line business service provided by a LEC may be adjusted on an annual basis pursuant to an inflation-based index.
(5) The LEC's shall set rates for all other services on a basis that does not unreasonably discriminate between similarly situated customers; provided, however, that all such. All of these rates are subject to a complaint process for abuse of market position in accordance with guidelines to be adopted by the commission. The commission shall resolve any complaint alleging abuse of market position within one hundred eighty days of the date the complaint is filed with the commission. Rates that exceed the total service long run incremental cost of an offering or that satisfy Section 58-9-280(I) do not constitute an 'abuse of market position.' Other rates constitute an 'abuse of market position' if they constitute any anticompetitive pricing action that prohibits a new firm from entering a market or that would cause a firm to exit a market. Additionally, during any given twelve-month period, the aggregate increases in the tariffed rates for other services must not exceed five percent of the aggregate revenues from tariffed other services during the prior twelve-month period.
(6) A LEC subject to this section shall file tariffs for its local exchange services that set out the terms and conditions of the services and the rates for such these services. The tariff shall be presumed valid and become effective seven days after filing for price decreases and fourteen days after filing for price increases and new services.
(7) Any incumbent LEC operating under an alternative regulatory plan approved by the commission before the effective date of this section must adhere to such the plan until such the plan expires or is terminated by the commission, whichever is sooner.
(8) On the date a LEC notifies the commission of its intent to elect the plan described in this section under the criteria established by the provisions of subsection (A)(3), existing rates, terms, and conditions for the services provided by the electing LEC contained in the then-existing tariffs and contracts are considered just and reasonable; however, a LEC's election to be regulated pursuant to the plan described in this section under the criteria established by the provisions of subsection (A)(3) must not be used as the basis for dismissing or not adjudicating a pending complaint relating to the LEC's rates, terms, or conditions." /
Renumber sections to conform.
Amend title to conform.
Senator KNOTTS explained the amendment.
Senator KNOTTS moved that the amendment be adopted.
Senator LEATHERMAN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Cromer Drummond Ford Grooms Hawkins Hayes Hutto Kuhn Land Leatherman Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Rankin Ravenel Reese Richardson Ritchie Ryberg Setzler Smith, J. Verne Thomas Waldrep
Anderson Branton * Courson Elliott Giese Gregory Knotts Malloy Peeler Sheheen Short
The amendment was laid on the table.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
Senator KNOTTS proposed the following Amendment No. 12 (JUD3080.037), which was tabled:
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Chapter 9, Title 58 of the 1976 Code is amended by adding:
"Section 58-9-285. (A) As used in this section:
(1) 'Bundled offering' means:
(a) for a qualifying LEC, an offering of two or more products or services to customers at a single price provided that:
(i) the bundled offering must be advertised and sold as a bundled offering at rates, terms, or conditions that are different than if the services are purchased separately from the LEC's tariffed offerings;
(ii) each regulated product or service in the offering is available on a stand-alone basis under a tariff on file with the commission; and
(iii) the qualifying LEC has a tariffed flat-rated local exchange service offering for residential customers and for single-line business customers on file with the commission that provides access to the services and functionalities set forth in Section 58-9-10(9).
(b) for a qualifying IXC, an offering of two or more products or services to customers at a single price provided that:
(i) the bundled offering must be advertised and sold as a bundled offering at rates, terms, or conditions that are different than if the services are purchased separately from the IXC's tariffed offerings; and
(ii) each regulated product or service in the offering is available on a stand-alone basis under a tariff on file with the commission.
(2) 'Contract offering' means any contractual agreement, memorialized in writing, by which a qualifying LEC or a qualifying IXC offers any tariffed product or service to any customer at rates, terms, or conditions that differ from those set forth in the qualifying LEC's or qualifying IXC's tariffs.
(3) 'Qualifying IXC' means any interexchange carrier operating under alternative means of regulation authorized by the commission.
(4) 'Qualifying LEC' means any LEC operating under an alternative means of regulation pursuant to Section 58-9-575; any LEC that has elected to have rates, terms, and conditions for its services determined pursuant to the plan described in Section 58-9-576(B); and any LEC that has elected to have rates, terms, and conditions determined pursuant to alternative means of regulation under Section 58-9-577.
(B) The commission must not:
(1) impose any requirements related to the terms, conditions, rates, or availability of any bundled offering or contract offering of any qualifying LEC or qualifying IXC that a customer accepts after the effective date of this act; or
(2) otherwise regulate any bundled offering or contract offering of any qualifying LEC or qualifying IXC that a customer accepts after the effective date of this act. Without limiting the foregoing, purchasers of bundled offerings and contract offerings shall submit complaints regarding such offerings to the Office of Regulatory Staff, and the Office of Regulatory Staff shall provide a copy of such complaint to the qualifying LEC or qualifying IXC referenced in the complaint. The Office of Regulatory Staff shall endeavor to facilitate a voluntary and mutually-acceptable resolution of such complaints.
Notwithstanding the foregoing, the commission shall maintain the jurisdiction to hear any complaint alleging that a qualifying LEC or qualifying IXC is using bundled services or contract offerings to the detriment of the telecommunications market in South Carolina.
(C) A qualifying LEC or qualifying IXC providing bundled offerings or contract offerings is obligated to provide contributions to the Universal Service Fund (USF), and the commission shall ensure that contributions to the state USF, pursuant to Section 58-9-280(E), are maintained at appropriate levels. Nothing in this section affects the commission's jurisdiction over distributions from the USF pursuant to Section 58-9-280(E).
(D) Access minutes of use must continue to be classified and reported for purposes of administering the Interim LEC Fund, pursuant to Section 58-9-280(M), in the same manner as they were classified and reported before the effective date of this subsection.
(E) Nothing in this section affects any jurisdiction conferred upon the commission by 47 U.S.C. Section 254(k).
(F) Nothing in this section affects the commission's jurisdiction over complaints alleging that a change in a subscriber's selection of a provider of telecommunications service was made without appropriate authorization or that services that the customer did not order appear on the customer's bill.
(G) The State Regulation of Public Utilities Review Committee may request the Office of Regulatory Staff to compile information to enable the review committee to monitor the effect of bundled offerings and contract offerings on the provision of telecommunications services in South Carolina." /
Renumber sections to conform.
Amend title to conform.
Senator KNOTTS explained the amendment.
Senator MOORE spoke on the amendment.
Senator LEATHERMAN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Branton * Cromer Drummond Ford Grooms Hawkins Hayes Hutto Kuhn Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Ritchie Setzler Sheheen Smith, J. Verne Waldrep
Anderson Courson Elliott Fair Giese Gregory Knotts Malloy Ryberg Short Thomas Verdin
The amendment was laid on the table.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
Senator SHORT proposed the following Amendment No. 14 (3080-SHORT), which was adopted:
Amend the bill, as and if amended, by amending Section 58-9-576(B)(3) to read:
/ (3) The rates for flat-rated local exchange services for residential and single-line business customers on the date of election shall be the maximum rates that the LEC may charge for these local exchange services for a period of two years from the date the election is filed with the commission. During this period, the local exchange company may charge less than the authorized maximum rates for these services. For those small LEC's whose prices are below the statewide average local service rate, weighted by number of access lines, the commission shall waive the requirements of this paragraph until the time as the flat-rated local exchange service rate for residential customers equals those prices equal the statewide average local residential service rate, weighted by the number of access lines, and the flat-rated local exchange service rate for single-line business customers equals two times the statewide average local residential service rate. /
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
Senator MOORE moved that the amendment be adopted.
The amendment was adopted.
Senator MOORE proposed the following Amendment No. 15 (JUD3080.041), which was adopted:
/ Amend the bill, as and if amended, page 2, line 23, by striking SECTION 2 in its entirety.
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION ___. Chapter 9, Title 58 of the 1976 Code is amended by adding:
"Section 58-9-285. (A) As used in this section:
(1) 'Bundled offering' means:
(a) for a qualifying LEC, an offering of two or more products or services to customers at a single price provided that:
(i) the bundled offering must be advertised and sold as a bundled offering at rates, terms, or conditions that are different than if the services are purchased separately from the LEC's tariffed offerings;
(ii) each regulated product or service in the offering is available on a stand-alone basis under a tariff on file with the commission; and
(iii) the qualifying LEC has a tariffed flat-rated local exchange service offering for residential customers and for single-line business customers on file with the commission that provides access to the services and functionalities set forth in Section 58-9-10(9).
(b) for a qualifying IXC, an offering of two or more products or services to customers at a single price provided that:
(i) the bundled offering must be advertised and sold as a bundled offering at rates, terms, or conditions that are different than if the services are purchased separately from the IXC's tariffed offerings; and
(ii) each regulated product or service in the offering is available on a stand-alone basis under a tariff on file with the commission.
(2) 'Contract offering' means any contractual agreement, memorialized in writing, by which a qualifying LEC or a qualifying IXC offers any tariffed product or service to any customer at rates, terms, or conditions that differ from those set forth in the qualifying LEC's or qualifying IXC's tariffs.
(3) 'Qualifying IXC' means any interexchange carrier operating under alternative means of regulation authorized by the commission.
(4) 'Qualifying LEC' means any LEC operating under an alternative means of regulation pursuant to Section 58-9-575; any LEC that has elected to have rates, terms, and conditions for its services determined pursuant to the plan described in Section 58-9-576(B); and any LEC that has elected to have rates, terms, and conditions determined pursuant to alternative means of regulation under Section 58-9-577.
(B) The commission must not:
(1) impose any requirements related to the terms, conditions, rates, or availability of any bundled offering or contract offering of any qualifying LEC or qualifying IXC that a customer accepts after the effective date of this act; or
(2) otherwise regulate any bundled offering or contract offering of any qualifying LEC or qualifying IXC that a customer accepts after the effective date of this act. Without limiting the foregoing, upon the filing of a complaint by an end use purchaser of a bundled offering or a contract offering, the commission may enforce the terms and conditions of a bundled offering or a contract offering under the same principles that apply when a court of general jurisdiction enforces the terms and conditions of an unregulated contract between two parties. No person or entity other than the end user purchaser that filed the complaint and the qualifying LEC or qualifying IXC that provides the bundled offering or contract offering that is the subject of such complaint shall be a party to any such complaint proceeding before the commission.
(C) A qualifying LEC or qualifying IXC providing bundled offerings or contract offerings is obligated to provide contributions to the Universal Service Fund (USF), and the commission shall ensure that contributions to the state USF, pursuant to Section 58-9-280(E), are maintained at appropriate levels. Nothing in this section affects the commission's jurisdiction over distributions from the USF pursuant to Section 58-9-280(E).
(D) Access minutes of use must continue to be classified and reported for purposes of administering the Interim LEC Fund, pursuant to Section 58-9-280(M), in the same manner as they were classified and reported before the effective date of this subsection.
(E) Nothing in this section affects any jurisdiction conferred upon the commission by 47 U.S.C. Section 254(k).
(F) Nothing in this section affects the commission's jurisdiction over complaints alleging that a change in a subscriber's selection of a provider of telecommunications service was made without appropriate authorization or that services that the customer did not order appear on the customer's bill.
(G) The State Regulation of Public Utilities Review Committee may request the Office of Regulatory Staff to compile information to enable the review committee to monitor the effect of bundled offerings and contract offerings on the provision of telecommunications services in South Carolina."
SECTION ___. Upon approval by the Governor, this act takes effect on July 1, 2004. /
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
Senator MOORE moved that the amendment be adopted.
The amendment was adopted.
The following Clerk's Conforming Amendment (3080R008.MRH) was adopted:
Amend the bill, as and if amended, page 2, line 23, by striking SECTION 2 in its entirety.
Amend the bill further, as and if amended, by adding appropriately numbered new SECTIONS to read:
/ SECTION ____. Section 58-9-280(I) of the 1976 Code, as last amended by Act 354 of 1996, is further amended to read:
"(I) The incumbent LEC's subject to this section shall be are authorized to meet the offerings of any local exchange carrier serving the same area by packaging services together, using volume discounts and term discounts, and by offering individual contracts for services, except as restricted by federal law. Individual contracts for services or contracts with other providers of telecommunications services shall must not be filed with the commission, except as required by federal law, provided that telecommunications carriers shall provide access to such contracts to the commission as required; however, such contracts may be obtained by the Office of Regulatory Staff pursuant to Sections 58-4-50 and 58-4-55."
SECTION ___. Chapter 9, Title 58 of the 1976 Code is amended by adding:
"Section 58-9-285. (A) As used in this section:
(1) 'Bundled offering' means:
(a) for a qualifying LEC, an offering of two or more products or services to customers at a single price provided that:
(i) the bundled offering must be advertised and sold as a bundled offering at rates, terms, or conditions that are different than if the services are purchased separately from the LEC's tariffed offerings;
(ii) each regulated product or service in the offering is available on a stand-alone basis under a tariff on file with the commission; and
(iii) the qualifying LEC has a tariffed flat-rated local exchange service offering for residential customers and for single-line business customers on file with the commission that provides access to the services and functionalities set forth in Section 58-9-10(9).
(b) for a qualifying IXC, an offering of two or more products or services to customers at a single price provided that:
(i) the bundled offering must be advertised and sold as a bundled offering at rates, terms, or conditions that are different than if the services are purchased separately from the IXC's tariffed offerings; and
(ii) each regulated product or service in the offering is available on a stand-alone basis under a tariff on file with the commission.
(2) 'Contract offering' means any contractual agreement, memorialized in writing, by which a qualifying LEC or a qualifying IXC offers any tariffed product or service to any customer at rates, terms, or conditions that differ from those set forth in the qualifying LEC's or qualifying IXC's tariffs.
(3) 'Qualifying IXC' means any interexchange carrier operating under alternative means of regulation authorized by the commission.
(4) 'Qualifying LEC' means any LEC operating under an alternative means of regulation pursuant to Section 58-9-575; any LEC that has elected to have rates, terms, and conditions for its services determined pursuant to the plan described in Section 58-9-576(B); and any LEC that has elected to have rates, terms, and conditions determined pursuant to alternative means of regulation under Section 58-9-577.
(B) The commission must not:
(1) impose any requirements related to the terms, conditions, rates, or availability of any bundled offering or contract offering of any qualifying LEC or qualifying IXC that a customer accepts after the effective date of this act; or
(2) otherwise regulate any bundled offering or contract offering of any qualifying LEC or qualifying IXC that a customer accepts after the effective date of this act. Without limiting the foregoing, upon the filing of a complaint by an end use purchaser of a bundled offering or a contract offering, the commission may enforce the terms and conditions of a bundled offering or a contract offering under the same principles that apply when a court of general jurisdiction enforces the terms and conditions of an unregulated contract between two parties. No person or entity other than the end user purchaser that filed the complaint and the qualifying LEC or qualifying IXC that provides the bundled offering or contract offering that is the subject of such complaint shall be a party to any such complaint proceeding before the commission.
(C) A qualifying LEC or qualifying IXC providing bundled offerings or contract offerings is obligated to provide contributions to the Universal Service Fund (USF), and the commission shall ensure that contributions to the state USF, pursuant to Section 58-9-280(E), are maintained at appropriate levels. Nothing in this section affects the commission's jurisdiction over distributions from the USF pursuant to Section 58-9-280(E).
(D) Access minutes of use must continue to be classified and reported for purposes of administering the Interim LEC Fund, pursuant to Section 58-9-280(M), in the same manner as they were classified and reported before the effective date of this subsection.
(E) Nothing in this section affects any jurisdiction conferred upon the commission by 47 U.S.C. Section 254(k).
(F) Nothing in this section affects the commission's jurisdiction over complaints alleging that a change in a subscriber's selection of a provider of telecommunications service was made without appropriate authorization or that services that the customer did not order appear on the customer's bill.
(G) The State Regulation of Public Utilities Review Committee may request the Office of Regulatory Staff to compile information to enable the review committee to monitor the effect of bundled offerings and contract offerings on the provision of telecommunications services in South Carolina."
SECTION ___. Section 58-9-576 of the 1976 Code is amended to read:
"Section 58-9-576. (A) Any LEC may elect to have rates, terms, and conditions determined pursuant to the plan described in subsection (B), provided if the commission: (1) has approved a local interconnection agreement in which the LEC is a participant with an entity determined by the commission not to be affiliated with the LEC, or (2) the commission determines that another provider's service competes with the LEC's basic local exchange telephone service, or (3) determines that at least two wireless providers have coverage generally available in the LEC's service area and that the providers are not affiliates of the LEC. A determination by the commission under subitem (3) of this subsection shall not constitute a determination under Section 58-9-280(E)(3) or (G)(1), or any other applicable provision of law, that a wireless provider is providing services that compete with a local telecommunications service in this State for purposes of participation in the state Universal Service Fund.
(B) Notwithstanding any other provision of this chapter, effective July 1, 1996, any LEC may elect to have its rates, terms, and conditions for its services determined pursuant to the plan described in this subsection, in lieu of other forms of regulation including, but not limited to, rate of return or rate base monitoring or regulation, upon the filing of notice with the commission as follows:
(1) If the provisions of subsection (A) have been met complied with, the plan under this subsection becomes effective on the date specified by the electing LEC, but in no event sooner than thirty days after such the notice is filed with the commission.
(2) On Except as provided in item (8), on the date a LEC notifies the commission of its intent to elect the plan described in this section, existing rates, terms, and conditions for the services provided by the electing LEC contained in the then-existing tariffs and contracts are considered just and reasonable.
(3) The rates for flat-rated local exchange services for residential and single-line business customers on the date of election shall be the maximum rates that the LEC may charge for these local exchange services for a period of two years from the date the election is filed with the commission. During this period, the local exchange company may charge less than the authorized maximum rates for these services. For those small LEC's whose prices are below the statewide average local service rate, weighted by number of access lines, the commission shall waive the requirements of this paragraph until the time as the flat-rated local exchange service rate for residential customers equals those prices equal the statewide average local residential service rate, weighted by the number of access lines, and the flat-rated local exchange service rate for single-line business customers equals two times the statewide average local residential service rate.
(4) For those companies to which item (3) applies, after the expiration of the period set forth above, the rates for flat-rate local exchange residential and single-line business service provided by a LEC may be adjusted on an annual basis pursuant to an inflation-based index.
(5) The LEC's shall set rates for all other services on a basis that does not unreasonably discriminate between similarly situated customers; provided, however, that all such. All of these rates are subject to a complaint process for abuse of market position in accordance with guidelines to be adopted by the commission. The commission shall resolve any complaint alleging abuse of market position within one hundred eighty days of the date the complaint is filed with the commission. Rates that exceed the total service long run incremental cost of an offering or that satisfy Section 58-9-280(I) do not constitute an 'abuse of market position.' Other rates constitute an 'abuse of market position' if they constitute any anticompetitive pricing action that prohibits a new firm from entering a market or that would cause a firm to exit a market. Additionally, during any given twelve-month period, the aggregate increases in the tariffed rates for other services must not exceed five percent of the aggregate revenues from tariffed other services during the prior twelve-month period.
(6) A LEC subject to this section shall file tariffs for its local exchange services that set out the terms and conditions of the services and the rates for such these services. The tariff shall be presumed valid and become effective seven days after filing for price decreases and fourteen days after filing for price increases and new services.
(7) Any incumbent LEC operating under an alternative regulatory plan approved by the commission before the effective date of this section must adhere to such the plan until such the plan expires or is terminated by the commission, whichever is sooner.
(8) On the date a LEC notifies the commission of its intent to elect the plan described in this section under the criteria established by the provisions of subsection (A)(3), existing rates, terms, and conditions for the services provided by the electing LEC contained in the then-existing tariffs and contracts are considered just and reasonable; however, a LEC's election to be regulated pursuant to the plan described in this section under the criteria established by the provisions of subsection (A)(3) must not be used as the basis for dismissing or not adjudicating a pending complaint relating to the LEC's rates, terms, or conditions."
SECTION ___. Section 58-3-580 of the 1976 Code, as added by 175 of 2004, is amended to read:
"Section 58-3-580. No later than June 30, 2004, the The review committee must allocate personal service positions and other appropriations within the commission to either the commission or the Office of Regulatory Staff. The review committee must organize appropriate divisions within the commission and, as submitted by the executive director, within the Office of Regulatory Staff. Notwithstanding any other provision of law, the review committee is authorized to approve position descriptions and compensation schedules for each position within the Office of Regulatory Staff. Notwithstanding any other provision of law, the salary of the Executive Director of the Office of Regulatory Staff shall not be construed as limiting the maximum salary that may be paid to other employees of the Office of Regulatory Staff. The review committee's authority to reorganize the agencies and assign personal service positions and other appropriations supersedes any provision of law to the contrary. In effectuating the review committee's assignment of positions between agencies, the Budget and Control Board is directed to assign through transfer both the position and the appropriation for the position. Notwithstanding this section or any other provision of law, the Executive Director of the Office of Regulatory Staff has sole authority to select and employ personnel of the Office of Regulatory Staff. On and after June 30, 2004, a commission employee whose position is transferred to the Office of Regulatory Staff is, upon application to the executive director, entitled only to due consideration for the position."
SECTION ___. Section 58-4-60(C) of the 1976 Code, as added by 175 of 2004, is amended to read:
"(C) The Office of Regulatory Staff must certify to the Department of Revenue annually on or before May first the amounts to be assessed; however, the deadline shall not apply to the certification made to the Department of Revenue in 2004."
SECTION ___. Section 58-4-100 of the 1976 Code, as added by 175 of 2004, is amended to read:
"Section 58-4-100. To the extent necessary to carry out regulatory staff responsibilities, the executive director is authorized to employ expert witnesses and other professional expertise as the executive director may consider necessary to assist the regulatory staff in its participation in commission proceedings. The compensation paid to these persons may not exceed compensation generally paid by the regulated industry for such specialists. The compensation and expenses therefor must be paid by the public utility or utilities participating in the proceedings upon order of the commission agreement between the public utility or utilities participating in the proceedings and the Office of Regulatory Staff or upon approval by the Review Committee or from the regulatory staff's budget. If paid by the public utility or utilities, the compensation and expenses must be treated by the commission, for ratemaking purposes, in a manner generally consistent with its treatment of similar expenditures incurred by utilities in the presentation of their cases before the commission. An accounting of compensation and expenses must be reported annually to the review committee, the Speaker of the House of Representatives, and the Chairman of the Senate Judiciary Committee."
SECTION ___. The duties and responsibilities of the Office of Regulatory Staff, as delineated in and established by Act 175 of 2004, take effect with respect to small LECs on October 1, 2004. The duties and responsibilities of the Consumer Advocate, as delineated in Part 6, Chapter 6 of Title 37, cease with respect to small LECs on October 1, 2004. To the extent there are any such pending matters on October 1, 2004, in which the Consumer Advocate is a party, the Office of Regulatory Staff must be substituted as a party instead of and in place of the Consumer Advocate.
SECTION ___. Upon approval by the Governor, this act takes effect on July 1, 2004, except that Sections 58-9-576(A) and (B)(2), (3), and (8) take effect October 1, 2004, and Sections 58-3-530, 58-3-580, 58-4-60(C), and 58-4-100 take effect immediately. /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
Senator GREGORY desired to be recorded as voting against the third reading of the Bill.
Senator McCONNELL rose for an Expression of Personal Interest.
On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when the Senate adjourns today, it stand adjourned to meet tomorrow at 10:00 A.M.
S. 767 (Word version) -- Senators Courson, Cromer, Land, Matthews, Fair, Hawkins, Verdin, Alexander, Anderson, Branton, Elliott, Ford, Giese, Glover, Gregory, Grooms, Hayes, Jackson, Knotts, Kuhn, Malloy, Martin, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Setzler, Short, J. Verne Smith, Waldrep, Thomas, McConnell, Ryberg, Ritchie, Leatherman, Hutto and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 IN CHAPTER 1 OF TITLE 25 SO AS TO ESTABLISH AND PROVIDE FOR THE OPERATIONS AND ADMINISTRATION OF THE SOUTH CAROLINA MILITARY FAMILY RELIEF FUND, TO PROVIDE THE USES OF THE FUND TO AWARD GRANTS TO MILITARY FAMILIES AND PROVIDE THE ELIGIBILITY FOR AND TYPES OF GRANTS THAT MAY BE AWARDED, TO PROVIDE THAT GRANT APPLICATIONS MUST BE MADE TO THE ADJUTANT GENERAL, AND TO PROVIDE FOR THOSE REVENUES TO BE CREDITED TO THIS FUND, AND TO AMEND SECTION 12-6-5060, AS AMENDED, RELATING TO DONATIONS THAT MAY BE MADE BY CHECKOFFS ON THE STATE INDIVIDUAL INCOME TAX RETURN, SO AS TO PROVIDE A CHECKOFF FOR THE SOUTH CAROLINA MILITARY FAMILY RELIEF FUND.
Senator COURSON asked unanimous consent to make a motion to take up the Bill for immediate consideration.
Senator RICHARDSON objected.
Senator MARTIN asked unanimous consent to make a motion to carry over the matters in the Box and proceed through another Call of the Uncontested Calendar.
Senator FORD objected.
H. 3889 (Word version) -- Reps. Dantzler, Rhoad, Altman, Bailey, Coates, Gourdine, Hinson, Merrill, Ott, Perry, Quinn, Scarborough, Taylor, Trotter, Umphlett, Snow, Frye and Koon: A BILL TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF VETERINARY MEDICINE, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE STATE BOARD OF VETERINARY MEDICINE INCLUDING, BUT NOT LIMITED TO, REVISING PROCEDURES FOR CONDUCTING HEARINGS, REQUIRING DISCIPLINARY PROCEEDINGS TO BE OPEN TO THE PUBLIC AND TO PROVIDE EXCEPTIONS, PROVIDING FOR LICENSURE BY ENDORSEMENT, AUTHORIZING STUDENT PRECEPTOR PROGRAMS, AND ESTABLISHING CERTAIN STANDARDS FOR EMERGENCY CARE FACILITIES AND MOBILE CARE REQUIREMENTS.
The Report of the Committee of Conference was taken up for immediate consideration.
Senator VERDIN argued contra to the adoption of the report.
With Senator VERDIN retaining the floor, Senator RICHARDSON moved to carry over the report.
Senator RYBERG objected.
Senator VERDIN argued contra to the adoption of the report.
At 4:22 P.M., Senator RITCHIE made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.
Senator VERDIN argued contra to the adoption of the report.
With Senator VERDIN retaining the floor, Senator COURSON asked unanimous consent to take up S. 767 for immediate consideration.
There was no objection.
S. 767 (Word version) -- Senators Courson, Cromer, Land, Matthews, Fair, Hawkins, Verdin, Alexander, Anderson, Branton, Elliott, Ford, Giese, Glover, Gregory, Grooms, Hayes, Jackson, Knotts, Kuhn, Malloy, Martin, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Setzler, Short, J. Verne Smith, Waldrep, Thomas, McConnell, Ryberg, Ritchie, Leatherman, Hutto and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 IN CHAPTER 1 OF TITLE 25 SO AS TO ESTABLISH AND PROVIDE FOR THE OPERATIONS AND ADMINISTRATION OF THE SOUTH CAROLINA MILITARY FAMILY RELIEF FUND, TO PROVIDE THE USES OF THE FUND TO AWARD GRANTS TO MILITARY FAMILIES AND PROVIDE THE ELIGIBILITY FOR AND TYPES OF GRANTS THAT MAY BE AWARDED, TO PROVIDE THAT GRANT APPLICATIONS MUST BE MADE TO THE ADJUTANT GENERAL, AND TO PROVIDE FOR THOSE REVENUES TO BE CREDITED TO THIS FUND, AND TO AMEND SECTION 12-6-5060, AS AMENDED, RELATING TO DONATIONS THAT MAY BE MADE BY CHECKOFFS ON THE STATE INDIVIDUAL INCOME TAX RETURN, SO AS TO PROVIDE A CHECKOFF FOR THE SOUTH CAROLINA MILITARY FAMILY RELIEF FUND.
The House returned the Bill with amendments.
On motion of Senator COURSON, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
At 4:49 P.M., the PRESIDENT Pro Tempore assumed the Chair.
Senator VERDIN continued arguing contra to the report of the Committee of Conference on H. 3889.
H. 5091 (Word version) -- Rep. Vaughn: A CONCURRENT RESOLUTION TO CONGRATULATE MR. E. N. "ECK" MILLER OF YORK ON BEING CHOSEN TO RECEIVE THE FOOD INDUSTRY ASSOCIATION OF SOUTH CAROLINA (FIA OF SC) LIFETIME ACHIEVEMENT AWARD AND TO WISH HIM CONTINUED SUCCESS IN THE FUTURE.
With Senator VERDIN retaining the floor, Senator RANKIN asked unanimous consent to take up H. 5091 for immediate consideration.
Senator RYBERG objected.
Senator VERDIN continued arguing contra to the report of the Committee of Conference on H. 3889.
H. 4475 (Word version) -- Reps. Harrell, W.D. Smith, Wilkins, Altman, Bingham, Ceips, Chellis, Clark, Cotty, Davenport, Edge, Frye, Gilham, Hagood, Hamilton, Harrison, Haskins, Hinson, Huggins, Koon, Leach, Limehouse, Littlejohn, Mahaffey, Martin, Merrill, E.H. Pitts, Quinn, Rice, Richardson, Simrill, D.C. Smith, G.M. Smith, G.R. Smith, J.R. Smith, Stewart, Stille, Taylor, Toole, Townsend, Tripp, Umphlett, Vaughn, Walker, White, Witherspoon, Young, Sandifer, Kirsh, Owens, Whitmire, Cato, Coates, Ott, Sinclair, Keegan, McGee, Perry, J.M. Neal, Emory, Pinson, Barfield, R. Brown, Weeks, Branham, Bailey, Battle, Neilson, Clemmons, Viers and Harvin: A BILL TO ENACT THE FISCAL DISCIPLINE PLAN OF 2004 BY DESIGNATING SECTION 6 OF ACT 356 OF 2002, RELATING TO ACTIONS NECESSARY FOR THE STATE BUDGET AND CONTROL BOARD TO COVER AN OPERATING DEFICIT, AS SECTION 11-11-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND AMENDING IT TO REQUIRE AN OPERATING DEFICIT TO BE PLACED FIRST ON THE AGENDA OF THE STATE BUDGET AND CONTROL BOARD AT THE FIRST BOARD MEETING FOLLOWING THE COMPTROLLER GENERAL'S REPORT OF THE DEFICIT TO THE BOARD, BY PROVIDING FOR THE REPAYMENT OF THE ACCUMULATED STATE OPERATING DEFICIT AND LIMITING GENERAL FUND APPROPRIATIONS GROWTH TO THREE PERCENT IN FISCAL YEARS 2003-2004 THROUGH 2008-2009 AND PROVIDING FOR THE USE OF SURPLUS REVENUES, AND TO PROVIDE THAT DURING THE SAME PERIOD ANNUALLY REQUIRED TRANSFERS TO THE GENERAL RESERVE FUND MUST BE CONSIDERED RECURRING GENERAL FUND APPROPRIATIONS.
With Senator VERDIN retaining the floor, Senator LEATHERMAN asked unanimous consent to take up H. 4475 for immediate consideration.
Senator SETZLER objected.
Senator VERDIN continued arguing contra to the Report of the Committee of Conference on H. 3889.
H. 4720 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 26, SO AS TO ENACT THE UNIFORM ELECTRONIC TRANSACTIONS ACT, PROVIDING FOR DEFINITIONS, LEGAL EFFECT AND ENFORCEABILITY OF AN ELECTRONIC RECORD AND SIGNATURE, CHANGES OR ERRORS IN TRANSMISSION OF AN ELECTRONIC RECORD, COMPLIANCE OF AN ELECTRONIC RECORD OR SIGNATURE WITH OTHER LAWS AFFECTING VALIDITY OR RETENTION OR RECEIPT OF A RECORD OR SIGNATURE, USE OF ELECTRONIC RECORDS BY GOVERNMENTAL AGENCIES, PROMULGATION OF REGULATIONS BY THE BUDGET AND CONTROL BOARD TO ENHANCE THE UTILIZATION OF ELECTRONIC RECORDS AND SIGNATURES, AND DEVELOPMENT BY THE SECRETARY OF STATE OF MODEL PROCEDURES AND PROMULGATION OF REGULATIONS FOR SECURE ELECTRONIC TRANSACTIONS, INCLUDING LICENSING OF THIRD PARTIES; TO MAKE THE COMPUTER CRIME ACT APPLICABLE TO THE UNIFORM ELECTRONIC TRANSACTIONS ACT; AND TO REPEAL CHAPTER 5 OF TITLE 26, THE SOUTH CAROLINA ELECTRONIC COMMERCE ACT.
With Senator VERDIN retaining the floor, Senator RITCHIE asked unanimous consent to take up H. 4720 for immediate consideration.
Senator MOORE objected.
Senator VERDIN continued arguing contra to the Report of the Committee of Conference on H. 3889.
Senator VERDIN asked unanimous consent to make a motion that the Senate stand adjourned, with Senator VERDIN retaining the floor on H. 3889.
Senator BRANTON objected.
Senator VERDIN continued arguing contra to the Report of the Committee of Conference on H. 3889.
Senator RICHARDSON asked unanimous consent to make a motion that the Senate go into Executive Session.
Senator KNOTTS objected.
Senator VERDIN continued arguing contra to the Report of the Committee of Conference on H. 3889.
H. 5094 (Word version) -- Rep. Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1555 SO AS TO ALLOW AN AIRLINE COMPANY TO PURCHASE BEER, WINE, AND ALCOHOLIC LIQUOR DIRECTLY FROM A LICENSED WHOLESALER, TO PROVIDE THAT THE WHOLESALER MAY SELL AND DELIVER THE BEER, WINE, AND ALCOHOLIC LIQUOR TO AN AIRLINE COMPANY, AND TO PROVIDE A PENALTY IF A PERSON USES BEER, WINE, OR ALCOHOLIC LIQUOR PURCHASED PURSUANT TO THIS SECTION FOR ANOTHER PURPOSE OTHER THAN THE SALE OR USE BY THE AIRLINE COMPANY.
Senator RANKIN asked unanimous consent to take the Bill up for immediate consideration.
Senator KNOTTS objected.
Senator RICHARDSON asked unanimous consent to make a motion that the Senate go into Executive Session.
Senator THOMAS objected.
Senator VERDIN continued arguing contra to the Report of the Committee of Conference on H. 3889.
Senator PEELER asked unanimous consent to make a motion that the Report of the Committee of Conference be carried over.
Senator SETZLER objected.
Senator VERDIN continued arguing contra to the Report of the Committee of Conference on H. 3889.
Senator VERDIN moved to carry over the Report of the Committee of Conference on H. 3889.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Courson Cromer Fair Giese Hawkins Hayes Jackson Kuhn * Leatherman Malloy Martin Moore O'Dell Peeler Rankin Ravenel Richardson Ritchie Ryberg Short Smith, J. Verne Thomas Verdin Waldrep
Anderson Branton Elliott Ford Grooms Hutto Knotts Land Leventis Matthews McConnell McGill Mescher Patterson Reese Setzler Sheheen
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The Report of the Committee of Conference to H. 3889 was carried over.
Senator MARTIN moved that the Senate go into Executive Session.
H. 3065 (Word version) -- Rep. Kirsh: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 55 ENACTING THE "OVERDUE TAX DEBT COLLECTION ACT" AUTHORIZING THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO IMPOSE A COLLECTION ASSISTANCE FEE ON CERTAIN OVERDUE TAX DEBTS EQUAL TO TWENTY PERCENT OF THE OVERDUE AMOUNT AND TO ALLOW THE DEPARTMENT TO RETAIN A PORTION OF THE COLLECTION ASSISTANCE FEE FOR ITS OPERATION.
Senator LEATHERMAN asked unanimous consent to take the Bill up for immediate consideration.
Senator RYBERG objected.
H. 5061 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER QUALITY CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2871, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator LEVENTIS asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
On motion of Senator LEVENTIS, the Resolution was read the second time, passed and ordered to a third reading.
Senator HUTTO moved that the Senate stand adjourned.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Elliott Ford Hayes Hutto Jackson Leventis Malloy Matthews Patterson Ryberg Thomas
Alexander Branton Courson Cromer Giese Gregory Grooms Hawkins Knotts Land Leatherman Martin McConnell McGill Mescher Moore O'Dell Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Verdin Waldrep
The Senate refused to adjourn.
The question then was the motion that the Senate go into Executive Session.
Senator KNOTTS asked unanimous consent to make a motion that, following the Executive Session, the Senate stand adjourned.
Senator LEATHERMAN objected.
H. 3065 (Word version) -- Rep. Kirsh: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 55 ENACTING THE "OVERDUE TAX DEBT COLLECTION ACT" AUTHORIZING THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO IMPOSE A COLLECTION ASSISTANCE FEE ON CERTAIN OVERDUE TAX DEBTS EQUAL TO TWENTY PERCENT OF THE OVERDUE AMOUNT AND TO ALLOW THE DEPARTMENT TO RETAIN A PORTION OF THE COLLECTION ASSISTANCE FEE FOR ITS OPERATION.
Senator LEATHERMAN asked unanimous consent to take the Bill up for immediate consideration.
Senator THOMAS objected.
On motion of Senator MARTIN, the Senate agreed to go into Executive Session.
On motion of Senator MARTIN, the seal of secrecy was removed and the Senate reconvened.
On motion of Senator RAVENEL, with unanimous consent, the Senate stood adjourned in memory of Mrs. Alberta Martin of Montgomery, Alabama, the last remaining widow of a Civil War veteran. Mrs. Martin passed away on Memorial Day.
At 7:18 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 10:00 A.M.
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