Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Proverbs 8:33: "Listen to my instruction and be wise; do not ignore it."
Let us pray. Master God, You called us to work in Your vineyard. Remove the pride and conceit from our lives. Now may our work here be to serve the great people of this State. Grant us the will to accomplish that which You have set before us. May we do this work with joy and thanksgiving for the privilege of serving. Look in kindness upon our Nation, President, State and her leaders. Protect our defenders of freedom and keep them safe. In Your Holy name. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. J. M. NEAL moved that when the House adjourns, it adjourn in memory of former Member of the South Carolina House of Representatives and Senate, Caldwell T. "Red" Hinson of Lancaster, which was agreed to.
On motion of Rep. LEACH, with unanimous consent, the following was taken up for immediate consideration and accepted:
April 6, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Piedmont Natural Gas, the Members and staff of the South Carolina House of Representatives are invited to an ice cream social. This event will be held on Wednesday, May 11, 2005, from 12:30 p.m. until 2:00 p.m. on the State House grounds.
Sincerely,
Mike Forrester
Vice President
The following was received and referred to the appropriate committee for consideration:
Document No. 2972
Agency: Department of Public Safety
Statutory Authority: 1976 Code Sections 23-6-20 and 23-6-30
Transportation of Unmanufactured Forest Products
Received by Speaker of the House of Representatives
April 7, 2005
Referred to Education and Public Works Committee
Legislative Review Expiration August 5, 2005 (Subject to Sine Die Revision)
The following was received:
Columbia, S.C., April 7, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Gregory, McGill and Hutto of the Committee of Conference on the part of the Senate on S. 212:
S. 212 (Word version) -- Senators McGill, Grooms, Ford, McConnell, Land, Leatherman, Moore, Reese, Drummond, Elliott, Peeler, O'Dell, Fair, Malloy, Leventis, Verdin, Jackson, Short, Patterson, Richardson, Gregory, Courson, Hayes, Ryberg, Anderson, Setzler, Alexander, Sheheen, Hawkins, J. V. Smith, Cromer, Martin, Mescher, Knotts, Hutto, Thomas, Matthews, Rankin and Campsen: A BILL TO AMEND SECTION 50-11-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING WILD TURKEY, SO AS TO MAKE IT UNLAWFUL TO TAKE OR ATTEMPT TO TAKE A WILD TURKEY FROM A WATERCRAFT ON THE WATERS OF THE STATE.
Very respectfully,
President
Received as information.
Rep. ALTMAN, from the Charleston Delegation, submitted a favorable report on:
S. 655 (Word version) -- Senators McConnell and Campsen: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CREATION OF THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT THE CHARLESTON COUNTY SCHOOL DISTRICT MAY NOT DENY A CHARTER SCHOOL, CHARTER SCHOOL TEACHER, OR CHARTER SCHOOL STUDENT ANYTHING THAT IS OTHERWISE AVAILABLE TO A PUBLIC SCHOOL, PUBLIC SCHOOL TEACHER, OR PUBLIC SCHOOL STUDENT; TO PROVIDE THAT THE LOCAL SCHOOL DISTRICT OF A CHARTER SCHOOL IN CHARLESTON COUNTY MAY NOT CHARGE RENT TO A CHARTER SCHOOL THAT WAS CONVERTED FROM AN EXISTING PUBLIC SCHOOL; TO PROVIDE THAT A CHARTER SCHOOL IN CHARLESTON COUNTY MAY APPLY FOR GRANTS ON ITS OWN; TO PROVIDE THAT A TEACHER IN A CHARTER SCHOOL IN CHARLESTON COUNTY MAY BE NOMINATED AND CONSIDERED AS A CANDIDATE FOR TEACHER OF THE YEAR; AND TO PROVIDE THAT A STUDENT AT A CHARTER SCHOOL IN CHARLESTON COUNTY MAY RECEIVE A LAURA BROWN FUND GRANT.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3543 (Word version) -- Reps. G. M. Smith and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING "MARY LYNN'S LAW"; BY ADDING SECTION 16-1-130 SO AS TO PROVIDE THAT A PERSON WITH A CURRENT CHARGE OR A PRIOR CONVICTION FOR A VIOLENT OFFENSE, A HARASSMENT OR STALKING OFFENSE, OR A BURGLARY OFFENSE OR A PERSON SUBJECT TO A RESTRAINING ORDER OR VALID ORDER OF PROTECTION MAY NOT BE CONSIDERED FOR A DIVERSION PROGRAM; TO AMEND SECTIONS 16-3-1525 AND 16-3-1530, RELATING TO VICTIM NOTIFICATION, SO AS TO PROVIDE THAT VICTIM NOTIFICATION MAY NOT BE BY ELECTRONIC OR OTHER AUTOMATED COMMUNICATION OR RECORDING AND TO PROVIDE A PROCEDURE FOR NOTIFICATION; TO AMEND ARTICLE 17, CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STALKING AND HARASSMENT, SO AS TO REDEFINE STALKING AND HARASSMENT; TO REVISE THE PENALTIES FOR STALKING AND HARASSMENT; TO REQUIRE THAT WHEN A RESTRAINING ORDER IS ISSUED AS A CONDITION OF BOND FOR HARASSMENT OR STALKING, A COPY OF THE RESTRAINING ORDER MUST BE SENT BY THE COURT TO THE VICTIM; TO PROVIDE THAT A TEMPORARY RESTRAINING ORDER GRANTED WITHOUT NOTICE MUST BE ENTERED OF RECORD WITH THE MAGISTRATES COURT; TO PROVIDE THAT THE DURATION OF A TEMPORARY RESTRAINING ORDER IS EXTENDED FROM SIX MONTHS TO ONE YEAR; TO ALLOW LAW ENFORCEMENT OR ANOTHER PERSON TO SIGN A WARRANT FOR A PERSON ENGAGED IN HARASSMENT OR STALKING IN PLACE OF THE VICTIM; TO ALLOW SERVICE OF A RESTRAINING ORDER TO BE MADE BY MAIL RETURN RECEIPT TO THE DEFENDANT'S LAST KNOWN ADDRESS; TO REQUIRE THAT A MENTAL EVALUATION MUST BE MADE BEFORE BAIL IS SET ON A STALKING OR HARASSMENT CHARGE; AND TO REQUIRE THAT THE EVALUATION BE SCHEDULED WITHIN TEN DAYS OF THE ORDER'S ISSUANCE, THAT THE REPORT BE ISSUED WITHIN FORTY-EIGHT HOURS OF EVALUATION, AND THAT THE SOLICITOR ARRANGE FOR A BOND HEARING UPON RECEIPT OF THE REPORT BEFORE A CIRCUIT COURT JUDGE; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO PRISONERS WHO ARE ELIGIBLE TO PARTICIPATE IN WORK RELEASE, SO AS TO PROHIBIT THOSE OFFENDERS CONVICTED OF A VIOLENT OFFENSE, A HARASSMENT OR STALKING OFFENSE, OR A BURGLARY OFFENSE; TO AMEND SECTION 56-1-90, AS AMENDED, RELATING TO REQUIRED INFORMATION NECESSARY TO OBTAIN A DRIVER'S LICENSE AND SECTION 56-1-230, RELATING TO NOTIFICATION OF CHANGE OF ADDRESS, BOTH SO AS TO REQUIRE PROOF OF ADDRESS AND TO PROVIDE EXAMPLES OF SUFFICIENT PROOF.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3647 (Word version) -- Reps. E. H. Pitts, Hinson and McLeod: A BILL TO AMEND SECTION 53-1-5, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF AN EMPLOYEE OF A BUSINESS TO REFUSE TO WORK ON SUNDAY, SO AS TO FURTHER PROVIDE FOR PROTECTION OF THIS RIGHT TO REFUSE TO WORK ON SUNDAY BY REASON OF CONSCIENTIOUS OBJECTION TO SUNDAY WORK AND TO EXCLUDE A MANUFACTURING OR RESEARCH AND DEVELOPMENT OPERATION REQUIRING CONTINUOUS UNINTERRUPTED OPERATION; TO REPEAL THE REMAINING SECTIONS OF CHAPTER 1 OF TITLE 53, SECTIONS 53-1-6 THROUGH 53-1-160, POPULARLY KNOWN AS THE "SUNDAY BLUE LAWS", RELATING TO THE PROHIBITION AGAINST THE SALE OF CERTAIN ITEMS ON SUNDAY EXCEPT DURING SPECIFIED HOURS AND THE PROHIBITION AGAINST THE CONDUCT OF CERTAIN WORK OR EVENTS OR THE OPERATION OF SPECIFIC BUSINESSES OR MANUFACTURING ESTABLISHMENTS ON SUNDAY; AND TO PROVIDE THAT THIS ACT DOES NOT AFFECT PROVISIONS OF LAW PROHIBITING OR OTHERWISE REGULATING THE SALE OF ALCOHOLIC LIQUORS, BEER, OR WINE ON SUNDAY.
Ordered for consideration tomorrow.
On motion of Rep. COBB-HUNTER, with unanimous consent, the following was taken up for immediate consideration:
H. 3903 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO RECOGNIZE CHRONIC KIDNEY DISEASE AS A HEALTH DISPARITY IN SOUTH CAROLINA AND URGE ALL LICENSED HEALTH CARE PROVIDERS TO DEVELOP A PLAN FOR EARLY IDENTIFICATION AND IMPLEMENTATION OF AN APPROPRIATE CLINICAL MANAGEMENT PROGRAM FOR INDIVIDUALS AT HIGHEST RISK FOR CHRONIC KIDNEY DISEASE.
Whereas, today more than 460,000 South Carolinians, approximately one in eight adults, have a form of Chronic Kidney Disease (CKD). Of these, thousands have seriously reduced kidney functions that, if left untreated, may progress to a more severe level, Stage 5, or End Stage Renal Disease (ESRD). In Stage 5 the patient must undergo kidney dialysis several times a week or receive a kidney transplant; and
Whereas, 600 people in South Carolina are awaiting a kidney transplant; and more than 6,000 people in South Carolina are on dialysis; placing South Carolina, per capita, third in the nation with patients on dialysis; and
Whereas, statistics bear out that African Americans suffer disproportionately in South Carolina as in the nation from chronic kidney disease at, approximately, four times the overall rate of chronic kidney disease in the United States; and
Whereas, African Americans make up about thirty percent of the State's population but account for seventy-five percent of all South Carolinians with kidney disease, and of those awaiting transplants seventy percent are African American; and
Whereas, ESRD is usually the result of years of chronic kidney disease caused by diabetes mellitus, high blood pressure, inherited conditions, or other insults to the kidneys, and South Carolina is second in the nation in the prevalence of diabetes and a leader in the prevalence of high blood pressure; and
Whereas, treatment of chronic kidney disease, which is a major national health care expense, is projected to cost twenty billion dollars for the national health care system by the year 2010; and
Whereas, cost-effective means are available and can determine the level of kidney function and provide information for clinicians about therapeutic interventions that may preserve kidney function, delay progression to ESRD or renal transplantation and sustain life; and
Whereas, public policy initiatives targeted at early identification of individuals at risk for chronic kidney disease, those that have diabetes, high blood pressure, or a family history of kidney disease, can reduce the serious long-term effects of CKD on the affected population, thereby improving the quality of life for numerous South Carolinians, while potentially lowering the significant economic burden on the health care system. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly, by this resolution, recognize chronic kidney disease as a health disparity and urge all licensed health care providers to develop a plan for early identification and implementation of an appropriate clinical management program for individuals at highest risk for chronic kidney disease.
Be it further resolved that a copy of this resolution be published in the State Register and provided to the South Carolina Medical Association, the South Carolina Nurses Association, and the South Carolina Hospital Association.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was taken up for immediate consideration:
H. 3904 (Word version) -- Reps. J. Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, 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, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION CONGRATULATING AND COMMENDING THE SOUTH CAROLINA DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES FOR THE OPENING OF ITS COLUMBIA RESIDENTIAL CENTER ON APRIL 15, 2005.
The Resolution was adopted.
The following was taken up for immediate consideration:
S. 715 (Word version) -- Senator Moore: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, MAY 4, 2005, AS JOHN DE LA HOWE SCHOOL DAY IN SOUTH CAROLINA ON THE OCCASION OF THE PREMIER ON THAT DAY OF A SOUTH CAROLINA EDUCATIONAL TELEVISION PRODUCED DOCUMENTARY FILM OUTLINING THE OUTSTANDING WORK ACCOMPLISHED AT THE JOHN DE LA HOWE SCHOOL IN MCCORMICK COUNTY.
Whereas, the members of the General Assembly are pleased to note that members of the Board of Trustees of the John de la Howe School Foundation in McCormick County solicited private funds for the preparation of a documentary film by South Carolina Educational Television featuring the school; and
Whereas, this documentary detailing the outstanding work accomplished at the school will premier in a State House program on May 4, 2005; and
Whereas, in recognition and support of this premier, it is appropriate to designate the premier date as John de la Howe School Day in South Carolina and encourage members of the General Assembly and friends of John de la Howe School to attend the premier. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That by this resolution the General Assembly declares Wednesday, May 4, 2005, as John de la Howe School Day in South Carolina;
Be it further resolved that members of the General Assembly and friends of John de la Howe School are called upon to attend a State House program conducted by the John de la Howe School Foundation that day at which will premier a foundation sponsored and South Carolina Educational Television produced documentary film outlining the outstanding work accomplished at the John de la Howe School in McCormick County.
Be it further resolved that a copy of this resolution be forwarded to Dr. Mabel Haralson at 2032 Highway 72 West, Greenwood, South Carolina, 29649.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 716 (Word version) -- Senators Leventis and Land: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. VICTOR C. JONES, DIRECTOR OF PUBLIC SAFETY FOR SUMTER COUNTY FOR MORE THAN THIRTY-TWO YEARS, FOR A DISTINGUISHED CAREER OF PUBLIC SERVICE, UPON THE OCCASION OF HIS RETIREMENT AND TO EXTEND TO HIM EVERY BEST WISH FOR A HAPPY AND ENJOYABLE RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3905 (Word version) -- Rep. Chellis: A BILL TO AMEND CHAPTER 7 OF TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE AUDITOR, SO AS TO FURTHER PROVIDE FOR THE RESPONSIBILITIES, DUTIES, AND OVERSIGHT FUNCTIONS OF THE STATE AUDITOR INCLUDING THE USE OF INDEPENDENT ACCOUNTING FIRMS AND GENERALLY ACCEPTED AUDITING PRINCIPALS TO PERFORM AUDITS OF STATE AGENCIES AND ENTITIES, THE STATE'S FINANCIAL STATEMENTS, FEDERAL PROGRAM COMPLIANCE, AND LOCAL GOVERNMENT COMPLIANCE IN COLLECTING AND REMITTING FINES, AND TO PROVIDE FOR DISSEMINATION OF AUDIT REPORTS, INDEPENDENCE AND OBJECTIVITY OF THE AUDIT FUNCTION, AND THE USE OF A NATIONALLY RECOGNIZED CERTIFIED PUBLIC ACCOUNTANT FIRM TO CONDUCT A PORTION OF THE AUDIT OF THE STATE'S COMPREHENSIVE ANNUAL FINANCIAL REPORT, THE COST OF WHICH IS SHARED EQUITABLY AMONG STATE AGENCIES; TO AMEND SECTIONS 1-11-20, RELATING TO DIVISIONS OF THE BUDGET AND CONTROL BOARD; 2-7-62 AND 2-7-69, BOTH RELATING TO REPORTS MADE IN CONNECTION WITH THE CONSIDERATION OF THE GENERAL APPROPRIATION ACT; 8-11-135, AS AMENDED, RELATING TO PAYMENT OF MOVING EXPENSES OF NEW STATE EMPLOYEES; 10-1-140, AS AMENDED, AND 10-3-30, BOTH RELATING TO PUBLIC BUILDINGS AND PROPERTY; 11-9-110 AND 11-9-125, AS AMENDED, BOTH RELATING TO USE OF CONTRIBUTED FUNDS; 11-11-420, RELATING TO CERTIFICATION OF COMPLIANCE WITH STATE PERMANENT EMPLOYEES LIMITATION; 11-35-40, AS AMENDED, RELATING TO THE STATE CONSOLIDATED PROCUREMENT CODE; 11-39-50, RELATING TO OIL OVERCHARGE FUNDS; 11-49-100, RELATING TO REPORTING BY THE TOBACCO SETTLEMENT REVENUE MANAGEMENT AUTHORITY; 12-28-2725, AS AMENDED, RELATING TO THE AUDIT OF THE STATE'S REGIONAL TRANSIT AUTHORITIES; 20-7-5020 AND 20-7-9710, AS AMENDED, BOTH RELATING TO THE BOARDS OF TRUSTEES OF THE CHILDREN'S TRUST FUND AND FIRST STEPS TO SCHOOL READINESS, RESPECTIVELY; 23-47-50, AS AMENDED, AND 23-47-65, AS AMENDED, BOTH RELATING TO THE EMERGENCY TELEPHONE SYSTEM; 25-21-20, AS AMENDED, RELATING TO THE VETERANS' TRUST FUND; 38-79-470, RELATING TO THE MEDICAL MALPRACTICE FUND; 43-33-320, RELATING TO THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC.; 44-96-165, RELATING TO SOLID WASTE TRUST FUNDS; 46-17-380, RELATING TO THE AGRICULTURAL COMMODITIES MARKETING BOARD; 48-5-160, AS AMENDED, RELATING TO THE WATER QUALITY REVOLVING FUND AUTHORITY; 49-6-20, AS AMENDED, RELATING TO THE AQUATIC PLANT MANAGEMENT TRUST FUND; 50-3-760, 50-3-950, AND 50-11-20, AS AMENDED, ALL RELATING TO FUNDS ESTABLISHED IN THE DEPARTMENT OF NATURAL RESOURCES; 52-5-110, RELATING TO THE SPRINGDALE FUND; 56-10-660, RELATING TO THE DISCLOSURE OF MOTOR VEHICLE INSURANCE DATABASE INFORMATION; 59-2-100, RELATING TO THE SOUTH CAROLINA INVESTMENT PROGRAM; 59-4-70, RELATING TO THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM; 59-109-170, RELATING TO THE EDUCATIONAL FACILITIES AUTHORITY; AND 59-150-90 AND 59-150-320, BOTH RELATING TO THE EDUCATION LOTTERY COMMISSION, ALL SO AS TO CONFORM THOSE SECTIONS TO, AND OTHERWISE TO REFLECT THE CHANGES TO, THE STATE AUDITOR'S DUTIES AS DESCRIBED IN CHAPTER 7 OF TITLE 11; AND TO REPEAL SECTION 1-7-408, RELATING TO THE REPORTING OF EXPENDITURES BY A COUNTY SOLICITOR, AND SECTION 51-22-40, RELATING TO AN AUDIT OF THE LEGACY TRUST FUND.
Referred to Committee on Ways and Means
H. 3906 (Word version) -- Reps. Harrell and Bales: A BILL TO AMEND SECTION 59-104-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO PROVIDE ALTERNATE QUALIFICATIONS FOR THE SCHOLARSHIP.
Referred to Committee on Ways and Means
H. 3907 (Word version) -- Reps. Wilkins, Harrison and Delleney: A BILL TO AMEND SECTION 14-5-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION OF THE STATE INTO SIXTEEN JUDICIAL CIRCUITS AND ADDITIONAL AT-LARGE JUDGES, SO AS TO INCREASE THE NUMBER OF AT-LARGE CIRCUIT COURT JUDGES FROM THIRTEEN TO SIXTEEN; TO AMEND SECTION 20-7-1410, AS AMENDED, RELATING TO FAMILY COURT JUDGES ELECTED FROM EACH JUDICIAL CIRCUIT, SO AS TO INCREASE THE NUMBER OF FAMILY COURT JUDGES IN THE FIFTH, NINTH, AND THIRTEENTH CIRCUITS BY ONE ADDITIONAL JUDGE.
Referred to Committee on Judiciary
S. 588 (Word version) -- Senators Martin, Thomas, Bryant, McConnell, Alexander, Hayes and Malloy: A BILL TO AMEND CHAPTER 1 OF TITLE 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM SECURITIES ACT, SO AS TO ENACT THE SOUTH CAROLINA UNIFORM SECURITIES ACT OF 2005, PROVIDING FOR AN ENHANCED ROLE OF THE STATE IN SECURITIES REGULATION AND INVESTOR PROTECTION INCLUDING REGISTRATION OF INITIAL PUBLIC OFFERINGS BY ISSUERS AND CONTROL PERSONS; REGISTRATION OF BROKER-DEALERS AND THEIR AGENTS AND INVESTMENT ADVISORS AND THEIR REPRESENTATIVES; EXPANDED INVESTIGATORY AND ENFORCEMENT POWERS THROUGH SUBPOENA POWER, CRIMINAL PENALTIES SET BY THE STATE, AND STATE CIVIL AND ADMINISTRATIVE LIABILITY; FACILITATION OF ELECTRONIC FILING; AND INVESTOR EDUCATION; TO AMEND SECTION 31-13-200, RELATING TO HOUSING AND REDEVELOPMENT NOTES AND BONDS; SECTION 35-6-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE UNIFORM TRANSFER ON DEATH SECURITY REGISTRATION ACT; SECTION 37-1-202, RELATING TO TRANSACTIONS NOT SUBJECT TO THE CONSUMER PROTECTION CODE; SECTION 38-90-440, AS AMENDED, RELATING TO THE STATE REGISTRATION OF A CAPTIVE INSURANCE COMPANY; AND SECTION 41-44-60, RELATING TO THE PALMETTO SEED CAPITAL FUND, ALL SO AS TO CONFORM CROSS-REFERENCES TO THE UNIFORM SECURITIES ACT OF 2005.
Referred to Committee on Judiciary
S. 690 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO AIR POLLUTION CONTROL REGULATIONS AND STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2943, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
The Senate sent to the House the following:
S. 727 (Word version) -- Senator Sheheen: A CONCURRENT RESOLUTION HONORING THE 1935 CHESTERFIELD COUNTY RUBY HIGH SCHOOL GRADUATING CLASS, AS THEY CELEBRATE THEIR SEVENTIETH HIGH SCHOOL REUNION ON SATURDAY, APRIL 16, 2005.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Altman Anderson Anthony Bales Ballentine Battle Bingham Bowers Brady Branham Breeland J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Huggins Jefferson Jennings Kennedy Kirsh Leach Lee Limehouse Littlejohn Loftis Lucas Mahaffey McCraw McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers 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 Talley Taylor Thompson Toole Tripp Umphlett Vaughn Vick Viers Walker Weeks White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Tuesday, April 12.
Grady Brown James McGee Lonnie Hosey Jerry Govan Todd Rutherford David Mack Karl Allen Ronald Townsend Marty Coates James E. Stewart Liston Barfield George Bailey Becky Martin
The SPEAKER granted Rep. LLOYD a leave of absence for the week due to illness.
The SPEAKER granted Rep. HARVIN a leave of absence for the week due to illness.
Announcement was made that Dr. William C. Gerard of Chapin is the Doctor of the Day for the General Assembly.
The Senate amendments to the following Bill were taken up for consideration:
H. 3007 (Word version) -- Reps. Wilkins, W. D. Smith, Harrell, Cato, Chellis, Harrison, Townsend, Witherspoon, G. R. Smith, Vaughn, Sandifer, Coates, Barfield, Young, Kirsh, Leach, E. H. Pitts, Battle, Viers, Clyburn, Littlejohn, Taylor, Rice, Hinson, Clark, Walker, Bales, Simrill, Mahaffey, Toole, Talley, Umphlett, Brady, Bailey, Hagood, Edge, Clemmons, Huggins, Neilson, Vick and Delleney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-545 SO AS TO PHASE IN OVER FOUR TAXABLE YEARS BEGINNING IN 2006 A FIVE PERCENT STATE INDIVIDUAL INCOME TAX ON SOUTH CAROLINA TAXABLE INCOME ATTRIBUTABLE TO THE ACTIVE TRADE OR BUSINESS INCOME OF A PASS-THROUGH BUSINESS, TO DEFINE PASS-THROUGH BUSINESSES AS SOLE PROPRIETORSHIPS, PARTNERSHIPS, "S" CORPORATIONS, AND LIMITED LIABILITY COMPANIES WHEN SUCH COMPANIES ARE TAXES AS SOLE PROPRIETORSHIPS, PARTNERSHIPS, AND S CORPORATIONS AND TO DEFINE ACTIVE TRADE OR BUSINESS INCOME OR LOSS.
Rep. WILKINS explained the Senate Amendments.
Rep. OTT spoke in favor of the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3143 (Word version)
Date: ADD:
04/12/05 G. BROWN
Bill Number: H. 3649 (Word version)
Date: ADD:
04/12/05 G. BROWN
Bill Number: H. 3499 (Word version)
Date: ADD:
04/12/05 HUGGINS
Bill Number: H. 3213 (Word version)
Date: ADD:
04/12/05 F. N. SMITH
Bill Number: H. 3213 (Word version)
Date: ADD:
04/12/05 E. H. PITTS
Bill Number: H. 3213 (Word version)
Date: ADD:
04/12/05 THOMPSON
Bill Number: H. 3213 (Word version)
Date: ADD:
04/12/05 YOUNG
Bill Number: H. 3213 (Word version)
Date: ADD:
04/12/05 DUNCAN
Bill Number: H. 3227 (Word version)
Date: ADD:
04/12/05 BAILEY
Rep. TRIPP moved to adjourn debate upon the following Bill until Wednesday, April 13, which was adopted:
S. 49 (Word version) -- Senators Hayes, Elliott, Hutto, Leventis, Rankin, Patterson, Land, Short, Richardson, Lourie, McConnell and Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-290 SO AS TO REQUIRE HEALTH INSURANCE PLANS TO PROVIDE COVERAGE FOR TREATMENT OF MENTAL ILLNESS OR ALCOHOL OR SUBSTANCE ABUSE, TO ALLOW A PLAN THAT DOES NOT PROVIDE FOR MANAGEMENT OF CARE OR THE SAME DEGREE OF MANAGEMENT OF CARE FOR ALL HEALTH CONDITIONS TO PROVIDE COVERAGE FOR SUCH TREATMENT THROUGH A MANAGED CARE ORGANIZATION, TO ESTABLISH TREATMENT CONDITIONS TO QUALIFY FOR COVERAGE, AND TO REQUIRE THE DEPARTMENT OF INSURANCE TO REPORT TO THE GENERAL ASSEMBLY ON THE FISCAL IMPACT.
The following Bill was taken up:
H. 3478 (Word version) -- Rep. Huggins: A BILL TO AMEND SECTION 40-57-145, AS AMENDED, RELATING TO GROUNDS FOR DENIAL OF LICENSURE OR FOR DISCIPLINARY ACTION AGAINST REAL ESTATE PROFESSIONALS, INCLUDING BROKERS, AGENTS, AND PROPERTY MANAGERS, SO AS TO CLARIFY THAT PAYMENT OF A COMMISSION OR COMPENSATION TO AN UNLICENSED INDIVIDUAL IS PROHIBITED FOR CONDUCTING ACTIVITIES REQUIRING A LICENSE AND TO FURTHER PROVIDE WHEN SUCH PAYMENTS ARE AUTHORIZED.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\ 11647AC05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 40-57-145(A)(11) of the 1976 Code, as last amended by Act 218 of 2004, is further amended to read:
"(11) pays a commission or compensation to an unlicensed individual for conducting activities requiring a license under this chapter;"
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. HUGGINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. WHITE moved to adjourn debate upon the following Bill until Wednesday, April 13, which was adopted:
H. 3175 (Word version) -- Reps. Davenport, Vaughn and Littlejohn: A BILL TO AMEND TITLE 40, CHAPTER 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF SPECIALIZING IN HEARING AIDS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY, ORGANIZATIONAL, AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF HEARING AID SPECIALISTS, INCLUDING PROVIDING PENALTIES FOR VIOLATIONS, TO DEVOLVE THE POWERS, DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGARDING THE "PRACTICE OF SPECIALIZING IN HEARING AIDS ACT" PURSUANT TO CHAPTER 25, TITLE 40 UPON THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, AND TO PROVIDE THAT THE COMMISSION FOR HEARING AID SPECIALISTS SHALL ACT AS A PROFESSIONAL AND OCCUPATIONAL LICENSING BOARD FOR HEARING AID SPECIALISTS WITHIN THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.
The following Bill was taken up:
H. 3184 (Word version) -- Reps. Harrison, G. R. Smith, Whipper, Cato, G. M. Smith and Weeks: A BILL TO AMEND SECTION 1-23-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE AND HEARING IN A CONTESTED CASE, SO AS TO PROVIDE THAT THE STANDARD OF PROOF IS BY A PREPONDERANCE OF THE EVIDENCE; TO AMEND SECTIONS 1-23-380, 1-23-390, 1-23-600, ALL AS AMENDED, AND 1-23-610, ALL RELATING TO JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS, SO AS TO PROVIDE THAT JUDICIAL REVIEW OF AN ADMINISTRATIVE DECISION MUST BE MADE BY AN ADMINISTRATIVE LAW JUDGE, TO PROVIDE THAT DECISION MAY BE APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 1-23-650, AS AMENDED, RELATING TO PROMULGATION OF RULES GOVERNING THE OPERATIONS OF THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE RULES OF PROCEDURE FOR THE HEARING OF CONTESTING CASES OR APPEALS BY INDIVIDUAL AGENCIES ARE OF NO FORCE AND EFFECT IN PROCEEDINGS BEFORE AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 14-8-200, AS AMENDED, RELATING TO THE JURISDICTION OF THE COURT OF APPEALS, SO AS TO ADD THAT THE COURT OF APPEALS HAS JURISDICTION OVER ANY CASE IN WHICH AN APPEAL IS TAKEN FROM A FINAL DECISION OF AN AGENCY AND A FINAL DECISION OF AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 8-13-320, RELATING TO AN ORDER OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE FOR APPEAL FROM A FINAL DECISION OF THE COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS AS PROVIDED IN THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 41-35-750, AS AMENDED, RELATING TO A DECISION OF THE EMPLOYMENT SECURITY COMMISSION, SO AS TO PROVIDE FOR APPEAL WITHIN THIRTY DAYS OF A FINAL DECISION BY THE COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS AS PROVIDED IN THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTIONS 58-5-330, 58-5-340, 58-5-990, 58-9-1410, AND 58-27-2310, ALL RELATING TO AN ORDER OR DECISION BY THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE FOR APPEAL FROM A FINAL DECISION OF THE COMMISSION TO THE SOUTH CAROLINA SUPREME COURT OR COURT OF APPEALS AS PROVIDED BY STATUTE OR THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 1-13-90, RELATING TO AN ORDER OF THE STATE HUMAN AFFAIRS COMMISSION, SECTION 8-17-340, AS AMENDED, RELATING TO A DECISION OF THE STATE EMPLOYEE GRIEVANCE COMMITTEE, SECTION 11-35-4410, AS AMENDED, RELATING TO A DECISION OF THE PROCUREMENT REVIEW PANEL, SECTION 31-21-130, RELATING TO A DECISION OF THE HUMAN AFFAIRS COMMISSION, SECTION 33-56-140, AS AMENDED, RELATING TO THE SECRETARY OF STATE BRINGING AN ACTION TO ENJOIN A CHARITY FROM CONTINUING A VIOLATION OF THE SOLICITATION OF CHARITABLE FUNDS ACT, SECTIONS 35-1-1310, 35-1-1320, AND 35-1-1330, ALL AS AMENDED, ALL RELATING TO AN ORDER BY THE SECURITIES COMMISSIONER, SECTION 39-37-100, AS AMENDED, RELATING TO A DECISION OF THE DEPARTMENT OF AGRICULTURE, SECTION 43-25-90, RELATING TO A DECISION OF THE COMMISSION FOR THE BLIND, SECTION 45-9-75, RELATING TO A DETERMINATION BY A PANEL OF THE STATE HUMAN AFFAIRS COMMISSION, SECTION 46-3-220, RELATING TO AN ORDER OR DECISION BY THE COMMISSIONER OF AGRICULTURE, SECTION 46-9-90, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING A PROVISION OF THE CHAPTER ON THE STATE CROP PEST COMMISSION, SECTION 47-4-130, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING A PROVISION OF TITLE 47 DEALING WITH ANIMALS, LIVESTOCK, AND POULTRY, SECTIONS 47-17-50 AND 47-19-60, BOTH RELATING TO A DETERMINATION BY THE DIRECTOR OF THE LIVESTOCK-POULTRY HEALTH DEPARTMENT OF CLEMSON UNIVERSITY, SECTIONS 48-20-160, 48-20-190, BOTH AS AMENDED, AND 48-20-200, ALL RELATING TO A DECISION OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SECTION 48-39-150, AS AMENDED, RELATING TO THE APPROVAL OR DENIAL OF A PERMIT BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SECTION 54-3-470, RELATING TO AN ORDER OF THE STATE PORTS AUTHORITY, SECTIONS 55-5-230, 55-5-240, 55-5-250, ALL AS AMENDED, AND 55-8-20, ALL RELATING TO AN ORDER OF THE DIVISION OF AERONAUTICS, SECTIONS 59-25-260, 59-25-830, AND 59-40-90, ALL RELATING TO DECISIONS BY THE STATE BOARD OF EDUCATION, SECTION 59-58-120, RELATING TO A DECISION OF THE COMMISSION ON HIGHER EDUCATION, ALL SO AS TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE DECISION BY AN ADMINISTRATIVE LAW JUDGE AND THAT DECISION APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS; AND TO REPEAL SECTIONS 58-5-350, 58-5-360, 58-9-1420, 58-9-1440, 58-9-1460, 58-9-1470, 58-9-1480, AND 58-27-2330, ALL RELATING TO JUDICIAL REVIEW OF A DECISION BY THE PUBLIC SERVICE COMMISSION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7407AHB05), which was adopted:
Amend the bill, as and if amended, by striking SECTION 4 in its entirety, page 6, beginning on line 2, and inserting:
/ SECTION 4. Section 1-23-600 of the 1976 Code, as last amended by Act 202 of 2004, is further amended to read:
"Section 1-23-600. (A) A full and complete record must be kept of all contested cases and regulation hearings before an administrative law judge. All testimony shall must be reported, but need not be transcribed unless a transcript is requested by any party. The party requesting a transcript is responsible for the costs involved. Proceedings before administrative law judges are open to the public unless confidentiality is allowed or required by law. The presiding administrative law judge must render the decision in a written order. The decisions or orders of administrative law judges are not required to be published but are available for public inspection unless the confidentiality thereof is allowed or required by law.
(B) An administrative law judge shall preside over all hearings of contested cases as defined in Section 1-23-310 or Article I, Section 22, Constitution of the State of South Carolina, 1895, involving the departments of the executive branch of government in which a single hearing officer, or an administrative law judge, is authorized or permitted by law or regulation to hear and decide such these cases, except those arising under the Occupational Safety and Health Act, those matters which are otherwise provided for in Title 56, those matters heard by the Public Service Commission, the Employment Security Commission, the Procurement Review Panel, the Workers' Compensation Commission, or those other cases or hearings which are prescribed for or mandated by federal law or regulation, unless otherwise by law statute or regulation specifically assigned to the jurisdiction of the Administrative Law Court.
(C) All requests for a hearing before the Administrative Law Court must be filed in accordance with the court's rules of procedure. Any party that files a request for a hearing with the Administrative Law Court must simultaneously serve a copy of the request on the affected agency. Upon the filing of the request, the chief judge shall assign an administrative law judge to the case.
(D) An administrative law judge also shall preside over all hearings of appeals from final decisions of contested cases before professional and occupational licensing boards or commissions within the Department of Labor, Licensing and Regulation, or as otherwise provided by law, pursuant to Section 1-23-380 pursuant to the Administrative Procedures Act, Article I, Section 22, Constitution of the State of South Carolina, 1895, or another law, except that an appeal from a final order of the Employment Security Commission, the Public Service Commission, and the State Ethics Commission is to the Supreme Court or the court of appeals as provided in the South Carolina Appellate Court Rules, and an appeal from the Workers' Compensation Commission is to the circuit court as provided in Section 42-17-60.
(E) Notwithstanding another provision of law, a state agency authorized by law to seek injunctive relief may apply to the Administrative Law Court for injunctive or equitable relief pursuant to Section 1-23-630. The provisions of this section do not affect the authority of an agency to apply for injunctive relief as part of a civil action filed in the court of common pleas."
(F) Notwithstanding another provision of law, the Administrative Law Court has jurisdiction to review and enforce an administrative process issued by a department of the executive branch of government such as a subpoena, administrative search warrant, cease and desist order, or other similar administrative order or process. A department of the executive branch of government authorized by law to seek an administrative process may apply to the chief administrative law judge or his designee to issue or enforce an administrative process. A party aggrieved by an administrative process issued by a department of the executive branch of government may apply to the chief administrative law judge for relief from the process as provided in the Rules of the Administrative Law Court.
(G)(1) This subsection applies to timely requests for a contested case hearing pursuant to this Section of decisions by departments governed by a board or commission authorized to exercise the sovereignty of the State.
(2) A request for a contested case hearing for an agency order stays the order. A request for a contested case hearing for an order to revoke or suspend a license stays the revocation or suspension. A request for a contested case hearing for a decision to renew a license for an ongoing activity stays the renewed license, the previous license remaining in effect pending completion of administrative review. A request for a contested case hearing for a decision to issue a new license stays all actions for which the license is a prerequisite; matters not affected by the request may not be stayed by the filing of the request. Requests for contested case hearings challenging only the amount of fines or penalties must be deemed not to affect those portions of orders imposing substantive requirements.
(3) The general rule of subsection (F)(2) does not stay emergency actions taken by an agency pursuant to an applicable statute or regulation.
(4) After a contested case is initiated before the Administrative Law Court, any party may move before the presiding administrative law judge to lift the stay imposed pursuant to this subsection.
(5) A final decision issued by the Administrative Law Court in a contested case may not be stayed except by order of the Administrative Law Court, the court of appeals, or in cases when Section 1-23-610(A) applies, the appropriate board of commission.
(6) Nothing contained in this subsection constitutes a limitation on the authority of the Administrative Law Court to impose a stay as otherwise provided by statute or by rule of court." /
Amend the bill further, by striking in its entirety Section 1-23-610 (B), as contained in SECTION 5, page 7, beginning on line 42, and inserting:
/ (B) For judicial review of any a final decision of an administrative law judge of cases involving departments governed by the single director in which review is not governed by subsection (A), a petition notice of appeal by an aggrieved party must be served and filed with the Circuit court of appeals as provided in the South Carolina Appellate Court Rules in civil cases and served on the opposing party not more than thirty days after the party receives the final decision and order of the administrative law judge. Appeal in these matters is by right. /
Amend the bill further, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 9-21-70 of the 1976 Code, as added by Act 12 of 2003, is amended to read:
"Section 9-21-70. A claimant may appeal a final decision of the Administrative Law Judge Division Court in a case brought pursuant to this chapter to the Richland County Court of Common Pleas court of appeals pursuant to Section 1-23-380 and the South Carolina Appellate Court Rules. Appeals of Administrative Law Judge Division decisions must be made in accordance with Section 1-23-610(C). If a claimant brings an action covered by this chapter in the court of common pleas other than an appeal of an Administrative Law Judge decision, the court must dismiss the case without prejudice." /
Amend the bill further, by adding an appropriately numbered SECTION to read:
/ SECTION ___. A. The duties, functions, and responsibilities of all hearing officers of the Department of Motor Vehicles are devolved upon the Administrative Law Court effective July 1, 2005. These hearing officers and their direct support staff, together with the appropriations relating to these employees, are transferred to the Administrative Law Court on July 1, 2005. These hearing officers shall continue to exercise their present Department of Motor Vehicle functions, duties, and responsibilities under the auspices of the Administrative Law Court and shall perform such other functions and duties as the chief judge of the court shall provide. The Budget and Control Board shall cause all necessary actions to be taken to accomplish this transfer and shall prescribe the manner in which this transfer must be completed.
B. The provisions of this SECTION take effect July 1, 2005. /
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
Rep. MCLEOD requested debate on the Bill.
The amendment was then adopted.
Rep. HARRISON proposed the following Amendment No. 2 (Doc Name COUNCIL\MS\7408AHB05), which was adopted:
Amend the bill, as and if amended, by striking SECTION 5 in its entirety and inserting:
/ SECTION 5. Section 1-23-610 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"Section 1-23-610. (A) For quasi-judicial review of any final decision of an administrative law judge of cases involving departments governed by a board or commission authorized to exercise the sovereignty of the State, except the Department of Natural Resources, a petition by an aggrieved party must be filed with the appropriate board or commission and served on the opposing party not more than thirty days after the party receives the final decision and order of the administrative law judge. Appeal in these matters is by right. A party aggrieved by a final decision of a board in such a case is entitled to judicial review of that decision by the circuit court under the provisions of (A) of this section and pursuant to Section 1-23-610(C).
(B) For judicial review of any a final decision of an administrative law judge of cases involving departments governed by the single director in which review is not governed by subsection (A), including cases involving the Department of Natural Resources, a petition notice of appeal by an aggrieved party must be served and filed with the Circuit court of appeals as provided in the South Carolina Appellate Court Rules in civil cases and served on the opposing party not more than thirty days after the party receives the final decision and order of the administrative law judge. Appeal in these matters is by right.
(C) For judicial review of any final decision of an administrative law judge of cases involving professional and occupational licensing boards within the Department of Labor, Licensing, and Regulation, a petition by an aggrieved party must be filed with the Circuit Court and served on the opposing party not more than thirty days after the party receives the final decision and order of the administrative law judge. Appeal in these matters is by right.
The review of the administrative law judge's order must be confined to the record. The reviewing tribunal may affirm the decision or remand the case for further proceedings; or it may reverse or modify the decision if the substantive rights of the petitioner has been prejudiced because of the finding, conclusion, or decision is:
(a) in violation of constitutional or statutory provisions;
(b) in excess of the statutory authority of the agency;
(c) made upon unlawful procedure;
(d) affected by other error of law;
(e) clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or
(f) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(D) Where appropriations in the annual general appropriations act, or where fees, fines, forfeitures, or revenues imposed or collected by agencies or commissions were required to be used for the hearing of contested cases, such these appropriations or monies must continue to be used for these purposes after the effective date of this article." /
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Rep. FUNDERBURK proposed the following Amendment No. 3 (Doc Name COUNCIL\MS\7412AHB05), which was adopted:
Amend the bill, as and if amended, by striking in its entirety Section 14-8-200(a), as contained in SECTION 7, page 9, beginning on line 23, and inserting:
/ (a) Except as limited by subsection (b) below and Section 14-8-260, the court shall have has jurisdiction over any case in which an appeal is taken from an order, judgment, or decree of the circuit court, or family court, a final decision of an agency, except the Employment Security Commission, or a final decision of an administrative law judge. This jurisdiction shall be is appellate only, and the court shall apply the same scope of review that the Supreme Court would apply in a similar case. The court shall have has the same authority to issue writs of supersedeas, grant stays, and grant petitions for bail as the Supreme Court would have in a similar case. The court, to the extent the Supreme Court may by rule provide for it to do so, shall have has jurisdiction to entertain petitions for writs of certiorari in post-conviction relief matters under pursuant to Section 17-27-100. /
Amend the bill further by deleting in its entirety SECTION 9, page 10, beginning on line 35.
Renumber sections to conform.
Amend title to conform.
Rep. FUNDERBURK explained the amendment.
The amendment was then adopted.
Rep. HARRISON proposed the following Amendment No. 4 (Doc Name COUNCIL\NBD\11683AC05), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. Section 1-23-660 of the 1976 Code is amended to read:
"Section 1-23-660. Any contested case docketed for hearing before a board or commission abolished by this act shall continue to be under the jurisdiction of such board or commission until the case reaches final disposition at a hearing, with any ruling or adjudication of the board or commission binding. The rules of procedure and review for such boards or commissions in effect on the date of filing of the pending action shall remain in effect until the final disposition of the pending action, other provisions of this chapter notwithstanding. Where a contested case pending before a board or commission abolished by this act is continued under the jurisdiction of such board or commission as provided in this section and where that board or commission is abolished as provided by this act, that board or commission notwithstanding such provision abolishing it shall nevertheless continue in existence for the sole purpose of conducting and bringing to final disposition all such cases. Where any member of that board or commission has assumed another office after the abolition of that board or commission, he shall be considered an ex officio member of his former board or commission for the purposes of this paragraph. Any member of a board or commission abolished who continues to serve in the manner and for the purposes provided by this paragraph is entitled to receive only that mileage, per diem, and subsistence paid to members of state boards, commissions, and committees. There is created within the Administrative Law Court the Division of Motor Vehicle Hearings. The Chief Judge of the Administrative Law Court shall serve as the Director of the Division of Motor Vehicle Hearings. The duties, functions, and responsibilities of all hearing officers of the Department of Motor Vehicles are devolved upon the Administrative Law Court effective January 1, 2006. Such hearing officers of the Department of Motor Vehicles and their direct support staff, as determined by the Chief Judge of the Administrative Law Court and according to his sole discretion, together with the appropriations relating to all hearing officers of the Department of Motor Vehicles and their direct support staff, are transferred to the Division of Motor Vehicle Hearings of the Administrative Law Court on January 1, 2006. These hearing officers and their support staff shall be appointed, hired, contracted and supervised by the Chief Judge of the court and shall continue to exercise their present Department of Motor Vehicle functions, duties, and responsibilities under the auspices of the Administrative Law Court as directed by the Chief Judge and shall perform such other functions and duties as the Chief Judge of the court shall prescribe. All employees of the division shall serve at the will of the Chief Judge. The Chief Judge is solely responsible for the administration of the division, the assignment of cases, and the administrative duties and responsibilities of the hearing officers and their support staff.
The Budget and Control Board shall assist with all necessary actions to be taken to accomplish this transfer in consultation with the agency head of the transferring and receiving agencies.
Notwithstanding another provision of law, the hearing officers shall conduct hearings in accordance with Chapter 23 of Title 1, the Administrative Procedures Act, and the rules of procedure for the Administrative Law Court, at suitable locations as determined by the Chief Judge. The Department of Motor Vehicles shall continue to provide locations within their facilities for such hearings as prescribed by the Chief Judge. The hearing officers are bound by the Code of Judicial Conduct, as contained in Rule 501 of the South Carolina Appellate Court Rules. Appeals from decisions of the hearing officers must be taken to the Administrative Law Court pursuant to the court's appellate rules of procedure. The Chief Judge shall not hear any appeals from these decisions."
SECTION ___. Section 56-5-2952 of the 1976 Code, as last amended by Act 61 of 2003, is further amended to read:
"Section 56-5-2952. The filing fee to request an administrative hearing pursuant to Section 56-5-2951 or 56-1-286 for a person whose driver's license has been suspended for either his refusal to submit to a breath test or registering an alcohol concentration greater than the existing lawful limit, or any other administrative hearing before the Department of Motor Vehicles Division of Motor Vehicle Hearings of the Administrative Law Court, is one hundred fifty dollars, or as otherwise prescribed by the rules of procedure for the Administrative Law Court. Funds generated from the collection of this fee must be used shall be retained by the Office of Administrative Hearings of the Department of Motor Vehicles Administrative Law Court to defray the costs of scheduling and conducting administrative hearings."
SECTION ___. Section 1-23-540 of the 1976 Code is amended to read:
"Section 1-23-540. The chief judge (Seat 1) shall receive as annual salary equal to ninety percent of that paid to the circuit family court judges of this State. The remaining judges shall receive as annual salary equal to eighty ninety-five percent of that paid to the circuit court judges of this State chief judge (Seat 1). They are not allowed any fees or perquisites of office, nor may they hold any other office of honor, trust, or profit. Administrative law judges in the performance of their duties are also entitled to that per diem, mileage, expenses, and subsistence as is authorized by law for circuit court judges. Each administrative law judge shall devote full time to his duties as an administrative law judge, and may not practice law during his term of office, nor may he during this term be a partner or associate with anyone engaged in the practice of law in this State." /
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3213 (Word version) -- Reps. Davenport, Vaughn, Toole, Tripp, Vick, Simrill, Bingham, J. R. Smith, Rice, Talley, G. Brown, Barfield, Owens, M. A. Pitts, G. R. Smith, Hamilton, White, Clark, Walker, Pinson, Loftis, Leach, McGee, W. D. Smith, Viers, Cato, Perry, Delleney, Altman, Cooper, Dantzler, Haskins, Huggins, Littlejohn, Hiott, Mahaffey, Wilkins, Merrill, D. C. Smith, Herbkersman, Bailey, Ceips, J. Brown, G. M. Smith, Weeks, Coates, F. N. Smith, E. H. Pitts, Thompson, Young and Duncan: A BILL TO AMEND TITLE 1, CHAPTER 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING ARTICLE 5, SO AS TO ENACT THE "RIGHT TO LIFE ACT OF SOUTH CAROLINA" WHICH ESTABLISHES THAT THE RIGHT TO DUE PROCESS AND THE RIGHT TO EQUAL PROTECTION VEST AT FERTILIZATION.
Rep. DELLENEY explained the Bill.
Rep. RIVERS spoke against the Bill.
Reps. KENNEDY, J. E. SMITH, BREELAND, MILLER, HOSEY, JENNINGS and MACK requested debate on the Bill.
The following Bill was taken up:
S. 22 (Word version) -- Senators Knotts, McConnell, Leventis, Sheheen, Hayes, Alexander, Ford, McGill, Williams and Malloy: A BILL TO AMEND SECTION 14-7-1610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGISLATIVE INTENT OF ARTICLE 15, CHAPTER 7, TITLE 14, SO AS TO PROVIDE THAT THERE IS A NEED TO ENHANCE THE GRAND JURY SYSTEM TO IMPROVE THE ABILITY OF THE STATE TO DETECT AND INVESTIGATE VIOLATIONS WHICH RESULT IN HARM TO THE ENVIRONMENT AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, BECAUSE OF ITS UNIQUE QUALIFICATIONS, MUST PLAY A SUBSTANTIAL ROLE IN THE INVESTIGATION OF ANY SUCH ALLEGED ENVIRONMENTAL OFFENSE; AND TO AMEND SECTION 14-7-1630, RELATING TO THE JURISDICTION OF THE STATE GRAND JURY, SO AS TO EXTEND THE SUBJECT MATTER JURISDICTION OF THE STATE GRAND JURY TO INCLUDE WILFUL CRIMINAL VIOLATIONS WHICH RESULT IN HARM TO THE ENVIRONMENT, AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MUST MAKE A FORMAL WRITTEN RECOMMENDATION TO THE ATTORNEY GENERAL AND THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION IN CONSIDERATION OF THE NEED TO IMPANEL A STATE GRAND JURY.
Rep. HARRISON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
S. 406 (Word version) -- Senator Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2005, SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL ADMINISTER THE SOUTH CAROLINA COMMERCIAL DRIVER'S LICENSE PROGRAM IN ACCORDANCE WITH THE FEDERAL MOTOR CARRIER SAFETY REGULATIONS; BY ADDING SECTION 56-1-2111, SO AS TO PROVIDE CIRCUMSTANCES WHEN THE DEPARTMENT OF MOTOR VEHICLES SHALL NOT ISSUE A COMMERCIAL DRIVER'S LICENSE, OR A COMMERCIAL SPECIAL LICENSE OR PERMIT; BY ADDING SECTION 56-1-2112, SO AS TO PROVIDE THAT A DRIVER WHO IS CONVICTED OF OPERATING A COMMERCIAL VEHICLE IN VIOLATION OF CERTAIN RAILROAD-HIGHWAY GRADE CROSSING PROVISIONS IS DISQUALIFIED FROM OPERATING A COMMERCIAL MOTOR VEHICLE FOR A CERTAIN PERIOD OF TIME; TO AMEND SECTION 56-1-2030, RELATING TO DEFINITIONS OF TERMS CONTAINED IN THE SOUTH CAROLINA COMMERCIAL DRIVER'S LICENSE ACT, SO AS TO REVISE THE DEFINITIONS OF THE TERMS "CONVICTION", "SERIOUS TRAFFIC VIOLATION", AND "TANK VEHICLE", AND TO PROVIDE DEFINITIONS FOR THE TERMS "SCHOOL BUS", AND "TRAFFIC VIOLATION"; TO AMEND SECTION 56-1-2080, AS AMENDED, RELATING TO THE ISSUANCE OF COMMERCIAL DRIVER'S LICENSES, SO AS TO MAKE TECHNICAL CHANGES, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY AUTHORIZE PRIVATE INSTITUTIONS TO ADMINISTER THE SKILLS PORTION OF THE COMMERCIAL DRIVER'S LICENSE TEST, TO PROVIDE THAT THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION MAY RANDOMLY TEST COMMERCIAL DRIVER'S LICENSE APPLICANTS OR HOLDERS, AND PROVIDE THAT A COMMERCIAL DRIVER'S LICENSE APPLICANT OR HOLDER WHO FAILS RETESTING SHALL LOSE HIS COMMERCIAL DRIVER'S LICENSE; TO AMEND SECTION 56-1-2100, AS AMENDED, RELATING TO CONTENTS OF A COMMERCIAL DRIVER'S LICENSE, THE PRIVILEGES AFFORDED TO THE HOLDER OF A COMMERCIAL DRIVER'S LICENSE WITH THE VARIOUS CLASSIFICATIONS, ENDORSEMENTS, AND RESTRICTIONS, AND THE ISSUANCE AND RENEWAL OF A COMMERCIAL DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE "S" ENDORSEMENT AUTHORIZES A PERSON TO DRIVE ANY SCHOOL BUS; TO AMEND SECTION 56-1-2110, AS AMENDED, RELATING TO MOVING VIOLATIONS THAT DISQUALIFY A PERSON FROM DRIVING A COMMERCIAL MOTOR VEHICLE, SO AS TO PROVIDE THAT THESE VIOLATIONS MAY BE COMMITTED IN EITHER A COMMERCIAL OR NONCOMMERCIAL MOTOR VEHICLE, TO MAKE TECHNICAL CHANGES, TO PROVIDE THAT DRIVING A COMMERCIAL MOTOR VEHICLE WHEN A PERSON'S COMMERCIAL DRIVER'S LICENSE IS REVOKED, SUSPENDED, OR CANCELLED DISQUALIFIES THE PERSON FROM DRIVING A COMMERCIAL MOTOR VEHICLE, TO PROVIDE THAT CAUSING A FATALITY THROUGH THE NEGLIGENT OPERATION OF A COMMERCIAL MOTOR VEHICLE DISQUALIFIES A PERSON FROM DRIVING A COMMERCIAL MOTOR VEHICLE, AND TO DEFINE THE TERM "SERIOUS TRAFFIC VIOLATIONS"; AND TO AMEND SECTION 56-5-2735, RELATING TO VEHICLES ENTERING INTO AN INTERSECTION, CROSSWALK, OR RAILROAD CROSSING, SO AS TO PROVIDE THAT A VEHICLE MAY NOT BE DRIVEN OR TOWED THROUGH OR OVER A RAILROAD GRADE CROSSING UNTIL ITS DRIVER HAS DETERMINED THAT THE VEHICLE HAS SUFFICIENT UNDER CARRIAGE CLEARANCE TO NEGOTIATE THE RAILROAD GRADE CROSSING.
Rep. J. M. NEAL explained the Bill.
H. 3299 (Word version) -- Rep. Ceips: A BILL TO AMEND CHAPTER 23, TITLE 57 OF THE 1976 CODE OF LAWS, BY ADDING ARTICLE 4 SO AS TO ESTABLISH THE "OLD SHELDON CHURCH ROAD SCENIC BYWAY".
H. 3891 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO SOUTH CAROLINA HOPE SCHOLARSHIP, DESIGNATED AS REGULATION DOCUMENT NUMBER 2946, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WHITMIRE explained the Joint Resolution.
H. 3892 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO UTILIZATION OF GENERIC TEACHER CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2964, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WHITMIRE explained the Joint Resolution.
H. 3893 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ASSISTING, DEVELOPING, AND EVALUATING PROFESSIONAL TEACHING (ADEPT), DESIGNATED AS REGULATION DOCUMENT NUMBER 2941, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WHITMIRE explained the Joint Resolution.
H. 3894 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO PALMETTO FELLOWS SCHOLARSHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2948, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WHITMIRE explained the Joint Resolution.
H. 3895 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO MOTORIST INSURANCE IDENTIFICATION DATABASE REGULATIONS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2955, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WHITMIRE explained the Joint Resolution.
H. 3898 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ADMINISTRATIVE AND PROFESSIONAL PERSONNEL QUALIFICATIONS, DUTIES AND WORKLOADS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2940, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WHITMIRE explained the Joint Resolution.
The following Bill was taken up:
H. 3499 (Word version) -- Reps. Harrell, Wilkins, Townsend, Leach, Bales, G. R. Smith, J. R. Smith, Battle, Cobb-Hunter, Neilson, Clark, Harrison, Skelton, Moody-Lawrence, Rice, Harvin, Ott, J. E. Smith, Merrill, Mack, Hinson, Cotty, Norman, Talley, Chellis, Hardwick, Clemmons, Bailey, Dantzler, Walker, Cooper, E. H. Pitts, Ballentine, Bowers and Huggins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10, ENTITLED PHYSICAL EDUCATION AND NUTRITIONAL STANDARDS, TO TITLE 59 SO AS TO ESTABLISH PHYSICAL EDUCATION AND NUTRITIONAL STANDARDS IN ELEMENTARY SCHOOLS, TO PROVIDE FOR THE AMOUNT OF PHYSICAL EDUCATION INSTRUCTION A STUDENT IN KINDERGARTEN THROUGH FIFTH GRADE MUST RECEIVE EACH WEEK ON A PHASED-IN BASIS, PROVIDE FOR A MEASURE OF EFFECTIVENESS OF THE PHYSICAL EDUCATION PROGRAM IN ALL PUBLIC SCHOOLS, PROVIDE FOR A PHYSICAL EDUCATION ACTIVITY DIRECTOR, PROVIDE CERTAIN NUTRITIONAL STANDARDS FOR ELEMENTARY SCHOOLS, PROVIDE THAT ELEMENTARY SCHOOLS SHALL REMOVE CERTAIN FOOD AND DRINKS FROM VENDING MACHINES, PROVIDE THE MINIMUM AMOUNT OF TIME ELEMENTARY SCHOOL STUDENTS MUST HAVE TO EAT LUNCH, PROVIDE FOR THE ESTABLISHMENT OF A DISTRICT LEVEL AND AN ELEMENTARY SCHOOL LEVEL COORDINATED SCHOOL HEALTH ADVISORY COUNCIL AND PROVIDE ITS POWERS AND DUTIES, PROVIDE FOR NUTRITIONAL EDUCATION, AND PROVIDE A MEASURE OF EFFECTIVENESS OF HEALTH EDUCATION PROGRAMS.
Rep. WALKER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3735 (Word version) -- Reps. Vaughn, Cato, Haskins, Hamilton, Leach, Loftis, Cotty, Pinson, Altman, Haley, Rhoad, Barfield, Branham, Cooper, Duncan, Emory, Frye, Hinson, Hosey, Limehouse, Littlejohn, Martin, Merrill, Perry, Tripp, Umphlett and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1335 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL SUSPEND A VEHICLE'S REGISTRATION AND NOT REGISTER OR REREGISTER A MOTOR VEHICLE THAT WAS OPERATED WHEN ITS DRIVER FAILED TO PAY A TOLL AND WHOSE OWNER HAS AN OUTSTANDING JUDGMENT FOR FAILURE TO PAY A TOLL ENTERED AGAINST HIM, TO PROVIDE A FIFTY DOLLAR REINSTATEMENT FEE THAT MUST BE USED TO DEFRAY THE COSTS ASSOCIATED WITH THIS SECTION; TO AMEND SECTION 57-5-1495, AS AMENDED, RELATING TO THE COLLECTION OF TOLLS, SO AS TO PROVIDE THAT UPON AN ADJUDICATION OF LIABILITY FOR FAILURE TO PAY A TOLL, THE COURT MUST MAIL A COPY OF THE JUDGMENT TO THE VEHICLE'S OWNER OR OPERATOR, TO PROVIDE THAT IF THE JUDGMENT IS NOT SATISFIED WITHIN A CERTAIN PERIOD OF TIME, THE COURT SHALL NOTIFY THE DEPARTMENT OF MOTOR VEHICLES OF THIS INCIDENT WHICH SHALL SUSPEND THE REGISTRATION OF THE VEHICLE THAT WAS OPERATED WHEN THE TOLL WAS NOT PAID AND DENY THE VEHICLE'S REGISTRATION OR REREGISTRATION UNTIL THE JUDGMENT IS SATISFIED, TO DELETE THE PROVISION THAT REFERS TO THE CITATION AS A TRAFFIC CITATION, AND TO PROVIDE THAT A "FAILURE TO PAY A TOLL" CITATION CONSTITUTES THE SUMMONS AND COMPLAINT FOR AN ACTION TO RECOVER THE TOLL AND ALL APPLICABLE FEES ALLOWED PURSUANT TO THIS SECTION.
Rep. TOWNSEND made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up:
H. 3897 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF MOTOR VEHICLES, RELATING TO MOTORIST INSURANCE IDENTIFICATION DATABASE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2957, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Concurrent Resolution were taken up for consideration:
H. 3620 (Word version) -- Reps. Sandifer and Jennings: A CONCURRENT RESOLUTION TO DESIGNATE APRIL 29, 2005, AS "DALE EARNHARDT DAY" IN SOUTH CAROLINA.
Rep. SANDIFER moved to adjourn debate upon the Senate Amendments until Wednesday, April 13, which was agreed to.
Rep. SANDIFER moved that the House recur to the Morning Hour, which was agreed to.
The following was received:
Columbia, S.C., April 12, 2005
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 1:00 p.m. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. W. D. SMITH the invitation was accepted.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 3908 (Word version) -- Reps. Coleman, Bales, Anthony, W. D. Smith, Davenport, Duncan, Limehouse, Phillips, E. H. Pitts, M. A. Pitts, Sinclair and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-3-185 SO AS TO PROVIDE THAT TO THE EXTENT THE BOARD OR THE DEPARTMENT OF NATURAL RESOURCES HAS THE AUTHORITY AND RESPONSIBILITY UNDER LAW TO SET THE OPEN AND CLOSED SEASONS FOR THE TAKING OF FISH OR GAME, THE BAG OR SIZE LIMITS FOR FISH OR GAME TAKEN, OR ANY OTHER CONDITIONS OR LIMITATIONS REGARDING THE TAKING OF FISH OR GAME, THESE SEASONS, LIMITS, OR OTHER CONDITIONS OR LIMITATIONS EXCEPT FOR DOG DRIVING MUST BE THE SAME FOR ALL GAME ZONES WHICH THE BOARD OR DEPARTMENT SETS AND MUST BE CONSISTENT WITH THE PROVISIONS FOR A MAJORITY OF OTHER GAME ZONES WHICH ARE SET BY LAW.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
The following was introduced:
H. 3909 (Word version) -- Reps. Ceips, Bowers, Chalk, Clemmons, Edge, Limehouse, Merrill, Rivers and Scarborough: A HOUSE RESOLUTION TO RECOGNIZE THE VALUABLE RENEWABLE RESOURCE SOUTH CAROLINA POSSESSES IN ITS SHELLFISHERIES AND TO ENCOURAGE THE DEPARTMENT OF NATURAL RESOURCES TO REVIEW AND EVALUATE SOUTH CAROLINA'S COMMERCIAL, RECREATIONAL, AND AGRICULTURAL SHELLFISHERIES TO ENSURE THE PROPER MANAGEMENT OF THOSE RESOURCES NOW AND IN THE FUTURE.
The Resolution was ordered referred to the Committee on Agriculture, Natural Resources and Environmental Affairs.
Pursuant to House Rule 1.6, the SPEAKER addressed the body concerning a matter of importance to the House.
Rep. RUTHERFORD moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.
At 1:00 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolution were duly ratified:
(R36, S. 106 (Word version)) -- Senators Ryberg, Leatherman, Land, Alexander, Cromer, Grooms, Hayes, Matthews, Mescher, Reese, Knotts, Elliott and Richardson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-23-110 SO AS TO PROVIDE THAT A PROVISION, CLAUSE, COVENANT, OR AGREEMENT CONTAINED IN, COLLATERAL TO, OR AFFECTING A MOTOR CARRIER TRANSPORTATION CONTRACT THAT INDEMNIFIES, DEFENDS, OR HOLDS HARMLESS THE CONTRACT'S PROMISEE FROM OR AGAINST LIABILITY FOR LOSS OR DAMAGE RESULTING FROM THE NEGLIGENCE OR INTENTIONAL ACTS OR OMISSIONS OF THE CONTRACT'S PROMISEE, OR ANY AGENTS, EMPLOYEES, SERVANTS, OR INDEPENDENT CONTRACTORS WHO ARE DIRECTLY RESPONSIBLE TO THE CONTRACT'S PROMISEE IS UNENFORCEABLE, TO DEFINE THE TERM "MOTOR CARRIER TRANSPORTATION CONTRACT", TO PROVIDE THAT THIS SECTION DOES NOT AFFECT A PROVISION, CLAUSE, COVENANT, OR AGREEMENT WHERE THE MOTOR CARRIER INDEMNIFIES OR HOLDS HARMLESS THE CONTRACT'S PROMISEE UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT A "MOTOR CARRIER TRANSPORTATION CONTRACT" SHALL NOT INCLUDE THE UNIFORM INTERMODAL INTERCHANGE AND FACILITIES ACCESS AGREEMENT ADMINISTERED BY THE INTERMODAL ASSOCIATION OF NORTH AMERICA.
(R37, S. 127 (Word version)) -- Senators Martin, Ford, McConnell, Moore, Knotts, Campsen, Elliott, Alexander, Leatherman, Leventis and Malloy: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-3-250 SO AS TO PROVIDE THAT WORKERS' COMPENSATION COMMISSIONERS ARE BOUND BY THE CODE OF JUDICIAL CONDUCT, AS CONTAINED IN RULE 501 OF THE SOUTH CAROLINA APPELLATE COURT RULES, AND TO REQUIRE WORKERS' COMPENSATION COMMISSIONERS AND THEIR ADMINISTRATIVE ASSISTANTS TO ATTEND YEARLY A WORKSHOP CONCERNING ETHICS AND THE ADMINISTRATIVE PROCEDURES ACT.
(R38, S. 216 (Word version)) -- Senator Hayes: AN ACT TO AMEND SECTION 25-1-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ORGANIZATION AND PURPOSES OF MILITARY CORPORATIONS, SO AS TO FURTHER PROVIDE FOR THE MAKEUP OF THESE CORPORATIONS AND FOR THE PURPOSES, PROGRAMS, AND FUNDING OF THESE CORPORATIONS.
(R39, S. 547 (Word version)) -- Senator Sheheen: AN ACT TO AMEND ACT 587 OF 1994, AS AMENDED, RELATING TO THE CREATION OF THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION, SO AS TO PROVIDE FOR THE TERMS OF THE ADDITIONAL MEMBERS ADDED TO THE BOARD AND TO DELETE ARCHAIC LANGUAGE.
(R40, H. 3020 (Word version)) -- Reps. Govan, Clyburn, Clark, E.H. Pitts, Toole, Haley, Ballentine, McLeod, Mack, Breeland, M. Hines, Anderson, Hosey, Parks, Pinson, Jefferson, Walker, Sinclair, Hamilton, G.R. Smith, Mahaffey, McGee, D.C. Smith, Anthony, Phillips, Rhoad, Funderburk and Scott: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 59-29-10 THROUGH 59-29-220 AS ARTICLE 1, GENERAL PROVISIONS, OF CHAPTER 29, TITLE 59; BY ADDING ARTICLE 3 TO CHAPTER 29, TITLE 59 SO AS TO ENACT THE FINANCIAL LITERACY INSTRUCTION ACT OF 2005, TO PROVIDE FOR THE DEVELOPMENT OR ADOPTION OF A CURRICULUM FOR LOCAL SCHOOL BOARDS TO TEACH FINANCIAL LITERACY, AND TO PROVIDE FOR THE ESTABLISHMENT OF A FUND TO RECEIVE PUBLIC AND PRIVATE CONTRIBUTIONS FOR FINANCIAL LITERACY INSTRUCTION.
(R41, H. 3321 (Word version)) -- Rep. Clyburn: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED IN JANUARY 2005, BY THE STUDENTS OF WARRENVILLE ELEMENTARY SCHOOL, MIDLAND VALLEY HIGH SCHOOL, AIKEN COUNTY CAREER CENTER, LEAVELLE McCAMPBELL MIDDLE SCHOOL, AND BYRD ELEMENTARY SCHOOL IN AIKEN COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO THE TRAIN WRECK AND CHEMICAL LEAK IN GRANITEVILLE ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(R42, H. 3579 (Word version)) -- Reps. Witherspoon, Frye, Hiott, Ott and Vick: AN ACT TO AMEND SECTION 46-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING STATE CROP PEST COMMISSION ENFORCEMENT PROVISIONS, SO AS TO CLARIFY THOSE PERSONS TO WHOM CERTAIN PENALTIES MAY APPLY; AND TO ADD SECTION 46-33-100 SO AS TO PROVIDE THAT ANY PERSON SUBJECT TO TREE AND PLANT SHIPMENT PROVISIONS OF LAW OR OTHER PROVISIONS UNDER THE JURISDICTION OF THE STATE CROP PEST COMMISSION MAY BE ISSUED A STOP SALE, USE, AND DISTRIBUTION ORDER UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR THE MANNER IN WHICH THE ORDER MAY BE APPEALED.
(R43, H. 3634 (Word version)) -- Reps. Sandifer and Cato: AN ACT TO AMEND SECTION 58-11-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A RADIO COMMON CARRIER TO CONSTRUCT OR OPERATE A RADIO COMMON CARRIER SYSTEM MUST FIRST OBTAIN A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FROM THE PUBLIC SERVICE COMMISSION, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH THE COMMISSION MAY REGULATE "COMMERCIAL MOBILE SERVICE" PROVIDERS.
(R44, H. 3007 (Word version)) -- Reps. Wilkins, W.D. Smith, Harrell, Cato, Chellis, Harrison, Townsend, Witherspoon, G.R. Smith, Vaughn, Sandifer, Coates, Barfield, Young, Kirsh, Leach, E.H. Pitts, Battle, Viers, Clyburn, Littlejohn, Taylor, Rice, Hinson, Clark, Walker, Bales, Simrill, Mahaffey, Toole, Talley, Umphlett, Brady, Bailey, Hagood, Edge, Clemmons, Huggins, Neilson, Vick and Delleney: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-545 SO AS TO PHASE IN OVER FOUR TAXABLE YEARS BEGINNING IN 2006 A FIVE PERCENT STATE INDIVIDUAL INCOME TAX ON SOUTH CAROLINA TAXABLE INCOME ATTRIBUTABLE TO THE ACTIVE TRADE OR BUSINESS INCOME OF A PASS-THROUGH BUSINESS, TO DEFINE PASS-THROUGH BUSINESSES AS SOLE PROPRIETORSHIPS, PARTNERSHIPS, "S" CORPORATIONS, AND LIMITED LIABILITY COMPANIES WHEN SUCH COMPANIES ARE TAXES AS SOLE PROPRIETORSHIPS, PARTNERSHIPS, AND S CORPORATIONS AND TO DEFINE ACTIVE TRADE OR BUSINESS INCOME OR LOSS.
Rep. RICE moved to reconsider the vote whereby S. 406 (Word version) was given a second reading and the motion was noted.
At 1:10 p.m. the House, in accordance with the motion of Rep. J. M. NEAL, adjourned in memory of former Member of the South Carolina House of Representatives and Senate, Caldwell T. "Red" Hinson of Lancaster, to meet at 10:00 a.m. tomorrow.
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