Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 90:17: "May the favor of the Lord our God rest upon us; establish the work of our hands for us..."
Let us pray. Gracious God, we thank You for the work that You established for us to do this day. Equip and enable us to do all we do to Your glory. Give to these Representatives and staff the wisdom to accomplish those things that are necessary for the good of the people whom we serve. Bless our Nation, President, State, Governor, Speaker, Representatives and staff. Keep our defenders of freedom safe as they protect us. Comfort those who wait at home and let them know of Your presence. In the name of our Lord, we pray. 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 yesterday, the SPEAKER ordered it confirmed.
Rep. BRADY moved that when the House adjourns, it adjourn in memory of Eric Layer of Columbia, which was agreed to.
The House stood in silent prayer for Dorothy Branham, wife of Representative Branham, who is having surgery.
The House stood in silent prayer for Lieutenant Governor Bauer and John M. Leonhardt, Sr., who were injured in an airplane crash.
The House stood in silent prayer for David Williams, Deputy Director of Legislative Council, who is undergoing liver transplant surgery.
The following was received from the Senate:
Columbia, S.C., May 23, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 572:
S. 572 (Word version) -- Senators Leatherman and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-25 SO AS TO PROVIDE THAT THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE SUPERSEDES ANY OTHER CONFLICTING LAW; BY ADDING SECTION 11-35-3850 SO AS TO REDESIGNATE THE FORMER SECTION 11-35-4020 PROVIDING FOR THE SALE OF UNSERVICEABLE MATERIALS AND EQUIPMENT BY A GOVERNMENTAL BODY; BY ADDING SECTION 11-35-4420 SO AS TO PROVIDE THAT THE CHIEF PROCUREMENT OFFICER AND THE AFFECTED LOCAL GOVERNMENTAL BODY HAVE THE OPPORTUNITY TO PARTICIPATE FULLY IN MATTERS PENDING BEFORE OR APPEALED FROM THE PROCUREMENT REVIEW PANEL; TO AMEND SECTIONS 11-35-40, 11-35-45, 11-35-210, 11-35-310, 11-35-410, 11-35-450, 11-35-510, 11-35-540, 11-35-710, 11-35-810, 11-35-820, 11-35-830, 11-35-845, 11-35-1030, 11-35-1210, 11-35-1220, 11-35-1230, 11-35-1240, 11-35-1410, 11-35-1510, 11-35-1520, ALL AS AMENDED, SECTIONS 11-35-1525 and 11-35-1528; AND SECTIONS 11-35-1530, 11-35-1550, 11-35-1560, 11-35-1575, 11-35-1825, 11-35-2010, 11-35-2030, 11-35-2210, 11-35-2410, 11-35-2440, 11-35-2710, 11-35-2720, 11-35-3020, 11-35-3030, 11-35-3040, 11-35-3060, 11-35-3220, 11-35-3230, 11-35-3240, 11-35-3245, 11-35-3410, 11-35-3510, 11-35-3820, 11-35-3840, 11-35-4210, 11-35-4220, 11-35-4230, 11-35-4340, 11-35-4410, 11-35-5220, 11-35-5230, 11-35-5240, 11-35-5260, AND 11-35-5270, ALL AS AMENDED, ALL RELATING TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO, AMONG OTHER THINGS, DELETE REFERENCES TO THE OFFICE OF GENERAL SERVICES OR DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD AND REPLACE THEM WITH THE TERMS "CHIEF PROCUREMENT OFFICER", "DESIGNATED BOARD OFFICE", OR "DESIGNATED BOARD OFFICER", AND TO PROVIDE, FURTHER THAT THE CHIEF EXECUTIVE OFFICER OF THE BUDGET AND CONTROL BOARD DESIGNATE THE APPROPRIATE OFFICE OR SUBDIVISION OF THE BOARD OR OFFICER OR POSITION OF THE BOARD; TO REPLACE REFERENCES OF PROCUREMENT REQUIREMENTS FOR "GOODS AND SERVICES" WITH "SUPPLIES, SERVICES, AND INFORMATION TECHNOLOGY", REFINE AND CONFORM VARIOUS COMPETITIVE BIDDING MODES, TO INCREASE MAXIMUM DOLLAR THRESHOLDS IN SEVERAL INSTANCES, TO REDUCE THE POTENTIAL BIDDERS TO BE RANKED IN CERTAIN CONSTRUCTION CONTRACTS FROM FIVE TO THREE, TO REDUCE THE CONTRACT AMOUNT ALLOWING WAIVER OF A BOND AND SECURITY, AND TO ADJUST SMALL PURCHASE THRESHHOLDS AND AGENCY BASELINE CERTIFICATION; TO PROVIDE THAT A GOVERNMENTAL BODY HAVE A GOAL THAT TEN PERCENT OF ITS TOTAL DOLLAR AMOUNT OF PROCUREMENT FUNDS EXPENDED BE WITH A MINORITY BUSINESS ENTERPRISE AND TO INCREASE THE TAX CREDIT FOR DEALING WITH AN MBE TO FIFTY THOUSAND DOLLARS ANNUALLY OVER TEN YEARS; TO SHORTEN THE PROTEST DEADLINE; AND TO PROVIDE THAT THE CHIEF PROCUREMENT OFFICER AND AN AFFECTED GOVERNMENTAL BODY HAVE THE OPPORTUNITY TO PARTICIPATE FULLY IN A REVIEW OR APPEAL OF AN ADMINISTRATIVE OR LEGAL DECISION MADE PURSUANT TO THE PROCUREMENT CODE; TO AMEND SECTION 12-6-3350, RELATING TO TAX CREDITS FOR STATE CONTRACTORS AND SUBCONTRACTORS WITH MINORITY FIRMS, SO AS TO INCREASE THE CREDIT TO FIFTY THOUSAND DOLLARS ANNUALLY FOR TEN YEARS; AND TO REPEAL SUBARTICLE 11 OF ARTICLE 1, CHAPTER 35, TITLE 11 RELATING TO THE ACCEPTANCE OF GIFTS IN KIND OF ARCHITECTURAL AND ENGINEERING SERVICES BY A GOVERNMENTAL BODY; SECTION 11-35-1270, AS AMENDED, RELATING TO AUTHORITY TO CONTRACT FOR CERTAIN SERVICES, AND SUBARTICLE 5 OF ARTICLE 15, CHAPTER 35, TITLE 11 RELATING TO THE CONTINUATION OF CERTAIN PROVISIONS OF LAW.
Very respectfully,
President
On motion of Rep. COOPER, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. TOOLE, NEILSON and MCGEE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received:
Columbia, S.C., May 24, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Peeler, Scott and Hutto of the Committee of Conference on the part of the Senate on H. 4644:
H. 4644 (Word version) -- Rep. Cooper: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGH SCHOOL LEAGUE TO SCHEDULE THE ANNUAL STATE HIGH SCHOOL FOOTBALL CHAMPIONSHIPS AT A FACILITY ON THE CAMPUS OF OTHER COLLEGES OR UNIVERSITIES WHICH MEET THE SAME SEATING CAPACITY AND OTHER CRITERIA AS THE WILLIAMS-BRICE STADIUM AT THE UNIVERSITY OF SOUTH CAROLINA IN ORDER TO EXPOSE THE PARTICIPANTS IN THE EVENT TO OTHER COLLEGES AND UNIVERSITIES IN WHICH THEY MAY BE INTERESTED IN ATTENDING.
Very respectfully,
President
Received as information.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
S. 723 (Word version) -- Senator Campsen: A BILL TO AMEND SECTIONS 12-24-10 AND 12-24-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO RECORDING OF DEEDS, SO AS TO PROVIDE THAT AN INSTRUMENT ALIENATING REALTY TO THE DISTRIBUTEE OF AN ESTATE IS NOT A DEED REQUIRING A RECORDING FEE OR AN AFFIDAVIT.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 807 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 11, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING ARTICLE 3 SO AS TO PROVIDE PROCEDURES FOR RIGHT TO CURE NONRESIDENTIAL CONSTRUCTION DEFECTS BEFORE A CIVIL ACTION OR OTHER REMEDY PROVIDED BY LAW OR CONTRACT MAY BE INSTITUTED OR CONTINUED.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 1267 (Word version) -- Senators Hawkins and Knotts: A BILL TO AMEND SECTION 23-3-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTRONIC MONITORING OF SEX OFFENDERS, SO AS TO ESTABLISH THE PERSONS WHO MUST BE ELECTRONICALLY MONITORED AND TO ESTABLISH THE PROCEDURES FOR MONITORING SUCH PERSONS.
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 5209 (Word version) -- Reps. G. R. Smith, Witherspoon and Hardwick: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO ADOPT THE CORPS OF ENGINEERS' DEFINITION OF THE TERM "EPHEMERAL STREAM" IN OVERSEEING THE PROTECTION OF UNITED STATES WETLANDS.
Ordered for consideration tomorrow.
The following was introduced:
H. 5214 (Word version) -- Reps. Leach, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. 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, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, 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, Witherspoon and Young: A HOUSE RESOLUTION TO CONGRATULATE THE RIVERSIDE HIGH SCHOOL BASEBALL TEAM OF GREENVILLE ON WINNING THE CLASS AAA STATE CHAMPIONSHIP AND TO HONOR THE PLAYERS AND THEIR COACH, CHRIS BATES, ON AN EXTRAORDINARY SEASON.
The Resolution was adopted.
The following was introduced:
H. 5215 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. 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, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, 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, 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, Witherspoon and Young: A HOUSE RESOLUTION TO HONOR DR. IVORY TUCKER, SR. FOR HIS DEDICATED SERVICE TO THE LORD AND SAVIOR JESUS CHRIST IN THE MINISTRY AND TO RECOGNIZE HIS TWO-YEAR ANNIVERSARY AS THE PASTOR AT OAKMAN BRANCH MISSIONARY BAPTIST CHURCH IN WALTERBORO, SOUTH CAROLINA.
The Resolution was adopted.
The following was introduced:
H. 5216 (Word version) -- Rep. Vick: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THOMPSON CREEK ALONG DON HILL ROAD (S-13-59) IN CHESTERFIELD COUNTY "BOATWRIGHT BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "BOATWRIGHT BRIDGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 5217 (Word version) -- Rep. Rutherford: A BILL TO PROVIDE THAT A RESIDENT OF RICHLAND COUNTY WHO OWNS A GOLF CART THAT MAY BE OPERATED ALONG CERTAIN SECONDARY HIGHWAYS OR STREETS, MAY OPERATE IT ALONG CERTAIN HIGHWAYS AND STREETS WITHIN RICHLAND COUNTY WITHIN A FIVE-MILE RADIUS OF HIS RESIDENCE OR PLACE OF BUSINESS, MAY OPERATE THE GOLF CART ALONG A PRIMARY HIGHWAY WITHIN A ONE-HALF-MILE RADIUS OF A SPORTING EVENT DURING CERTAIN HOURS, AND TO PROVIDE THAT DURING NIGHTTIME HOURS, THE GOLF CART MUST BE OPERATED WITH WORKING HEADLIGHTS AND TAIL LIGHTS.
Referred to Richland Delegation
H. 5218 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA MARITIME SECURITY COMMISSION AND NAVAL MILITIA, RELATING TO MARITIME SECURITY COMMISSION AND NAVAL MILITIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 3026, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 5224 (Word version) -- Rep. Sandifer: A BILL TO AMEND SECTION 4-25-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF COUNTIES TO REGULATE CONSTRUCTION AND ELECTRICAL WORK AND TO LICENSE CONTRACTORS, SO AS TO PROVIDE THAT IN SUCH REGULATION AND LICENSURE, A COUNTY SHALL ABIDE BY STATE REGULATIONS AND THAT IN CERTAIN CIRCUMSTANCES, THE BUILDING CODES COUNCIL MAY SUPERCEDE THE AUTHORITY OF THE COUNTY.
Referred to Committee on Labor, Commerce and Industry
H. 5225 (Word version) -- Reps. Harrell and Cooper: A JOINT RESOLUTION TO CONTINUE THE PROVISIONS OF ACT 115 OF 2005, THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 2005-2006 AFTER JUNE 30, 2006, IF THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 2006-2007 IS NOT IN EFFECT AS OF JULY 1, 2006, AND TO APPROPRIATE AND TRANSFER REVENUE FROM THE GENERAL FUND OF THE STATE TO MEET CONSTITUTIONAL AND STATUTORY MANDATED PURPOSES, AND FOR OTHER PURPOSES.
On motion of Rep. COOPER, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 1322 (Word version) -- Senator Thomas: A BILL TO PROVIDE THAT A COUNTY THAT POSTPONED IMPLEMENTATION OF A COUNTYWIDE ASSESSMENT AND EQUALIZATION PLAN, CONDUCTED IN 2004, MAY NOT IMPLEMENT THE VALUES UNTIL TAX YEAR 2007, UNLESS THE COUNTY COUNCIL ADOPTS AN ORDINANCE AFFIRMATIVELY IMPLEMENTING THE VALUES.
Referred to Committee on Ways and Means
S. 1437 (Word version) -- Senators Setzler, Knotts and Courson: A BILL TO AMEND SECTION 55-11-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RICHLAND-LEXINGTON AIRPORT DISTRICT AND COMMISSION, SO AS TO PROVIDE THAT THERE IS NO LIMITATION ON THE NUMBER OF TERMS MEMBERS OF THE COMMISSION MAY SERVE; AND TO AMEND SECTION 55-11-330, RELATING TO OFFICERS OF THE COMMISSION, SO AS TO REVISE THE MANNER IN WHICH THE CHAIRMANSHIP OF THE COMMISSION IS ROTATED.
On motion of Rep. BINGHAM, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following was introduced:
H. 5219 (Word version) -- Reps. Chellis, Hinson, J. R. Smith, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, 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, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, 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, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR ALLISON HICKS FOR HER EXTRAORDINARY CONTRIBUTIONS TO THE SOUTH CAROLINA LEGISLATURE WHILE SERVING AS A LEGISLATIVE AIDE, AND TO WISH HER ONLY THE BEST IN ALL HER FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 5220 (Word version) -- Rep. Clark: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND MR. AND MRS. CLYDE SPIRES OF PELION AS THEY CELEBRATE SIXTY YEARS OF LOVING MARRIAGE ON JUNE 1, 2006, AND TO WISH THEM MANY MORE AFFECTIONATE AND HAPPY YEARS TOGETHER.
The Resolution was adopted.
The following was introduced:
H. 5221 (Word version) -- Rep. Leach: A HOUSE RESOLUTION TO CONGRATULATE THE RIVERSIDE HIGH SCHOOL BOYS SOCCER TEAM OF GREENVILLE ON WINNING THE CLASS AAA STATE CHAMPIONSHIP AND TO HONOR THE PLAYERS AND THEIR COACH, BRIAN DENDER, ON A TRULY REMARKABLE SEASON.
The Resolution was adopted.
The following was introduced:
H. 5222 (Word version) -- Reps. J. Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, 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, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, 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, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND ONE OF SOUTH CAROLINA'S MOST OUTSTANDING EDUCATORS, MRS. LYDIA D. SANDIFORD OF RICHLAND COUNTY, FOR AN EXEMPLARY CAREER SPANNING OVER FIFTY-ONE YEARS AS A TEACHER UPON THE OCCASION OF HER RETIREMENT AS AN ENGLISH TEACHER AND COORDINATOR OF EXIT EXAM TESTING AT COLUMBIA HIGH SCHOOL AND TO EXTEND TO HER BEST WISHES IN ALL OF HER FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5223 (Word version) -- Rep. Leach: A HOUSE RESOLUTION TO CONGRATULATE THE RIVERSIDE HIGH SCHOOL "LADY WARRIORS" SWIM TEAM OF GREENVILLE COUNTY ON ITS MOST IMPRESSIVE CAPTURE OF THE CLASS AAA STATE CHAMPIONSHIP TITLE AND TO RECOGNIZE THE SWIMMERS AND THEIR COACH, EDDIE HUGHES, ON A SENSATIONAL SEASON.
The Resolution was adopted.
The Senate sent to the House the following:
S. 1441 (Word version) -- Senator Thomas: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE J. L. MANN HIGH SCHOOL GIRLS TRACK TEAM FOR WINNING THE STATE CLASS AAA CHAMPIONSHIP AND TO WISH EACH MEMBER OF THE TEAM GOOD LUCK IN ALL THEIR FUTURE ENDEAVORS.
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 Bailey Bales Ballentine Bannister Barfield Battle Bingham Bowers Brady Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coates Coleman Cooper Dantzler Delleney Duncan Edge Emory Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrell Harrison Harvin Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hodges Hosey Howard Huggins Jefferson Kirsh Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal 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. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Vick Walker Whipper White Whitmire Young
I came in after the roll call and was present for the Session on Wednesday, May 24.
William Witherspoon Gilda Cobb-Hunter Kenneth Kennedy Karl Allen Lester P. Branham Bill Cotty Todd Rutherford Douglas Jennings Ralph Davenport Thad Viers Denny Neilson
SPECIAL PRESENTATION
Rep. J. M. NEAL presented to the House the Andrew Jackson High School Ladies Softball Team, the 2006 Class AA Champions, their coaches and other school officials.
Rep. EMORY presented to the House the Indian Land High School Lady Warriors Softball Team, the 2006 Class A Champions, their coaches and other school officials.
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. 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. 4894 (Word version)
Date: ADD:
05/24/06 WHIPPER
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 5064 (Word version) -- Reps. J. E. Smith, Cotty, Rutherford, J. H. Neal, Brady, Bales, Harrison and Ballentine: A BILL TO PROVIDE THAT THE AUTHORITY OF THE GOVERNING BODY OF THE RICHLAND COUNTY RECREATION COMMISSION TO LEVY AD VALOREM PROPERTY TAXES UPON ALL TAXABLE PROPERTY IN THE DISTRICT FOR OPERATING OR CAPITAL PURPOSES AND TO ISSUE GENERAL OBLIGATION BONDS OR REVENUE BONDS OF THE DISTRICT IS DELETED, AND TO PROVIDE THAT THIS AUTHORITY IS TRANSFERRED TO AND RESTS SOLELY WITH THE RICHLAND COUNTY COUNCIL.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 991 (Word version) -- Senators Ryberg, Land and Moore: A BILL TO AMEND SECTION 34-21-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SECURING OF FUNDS RECEIVED OR HELD IN TRUST BY A BANK OR TRUST COMPANY, SO AS TO FURTHER PROVIDE FOR ACCEPTABLE FORMS OF SECURITY.
The following Bill was taken up:
S. 1174 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND SECTION 42-3-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RELATIONSHIP BETWEEN THE CHAIRMAN, EXECUTIVE ASSISTANT, AND ADMINISTRATIVE DIRECTOR OF THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION, SO AS TO ELIMINATE THE POSITION OF EXECUTIVE ASSISTANT FOR THE JUDICIAL DEPARTMENT; TO AMEND SECTION 42-3-80, AS AMENDED, RELATING TO THE ADMINISTRATIVE DIRECTOR OF THE ADMINISTRATIVE DEPARTMENT OF THE WORKERS' COMPENSATION COMMISSION, SO AS TO CHANGE THE NAME OF THE ADMINISTRATIVE DIRECTOR TO THE EXECUTIVE DIRECTOR; AND TO REPEAL SECTION 42-3-50, RELATING TO THE EXECUTIVE ASSISTANT FOR THE JUDICIAL DEPARTMENT.
Reps. LEACH and SANDIFER proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\21261SD06):
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ____. Chapter 3, Title 42 of the 1976 Code is amended by adding:
"Section 42-3-21. Notwithstanding any other provision of law, upon the expiration of the terms of the members of the Workers' Compensation Commission serving in office on the effective date of this section, their successors shall be elected by the General Assembly for terms of six years each and until their successors are selected and qualify. These elected members shall be screened, nominated, and elected in the same manner that members of the Employment Security Commission are screened, nominated, and elected." /
Renumber sections to conform.
Amend title to conform.
Rep. SANDIFER explained the amendment.
Rep. MOODY-LAWRENCE requested debate on the Bill.
Rep. RUTHERFORD raised the Point of Order that Amendment No. 1 was out of order in that it was not germane to the Bill.
Rep. SANDIFER argued contra.
SPEAKER HARRELL overruled the Point of Order.
Rep. COBB-HUNTER spoke against the amendment.
Reps. SANDIFER, TRIPP, LEACH, HAMILTON, ALTMAN, CLYBURN, MAHAFFEY, LITTLEJOHN, SCARBOROUGH, BREELAND, MITCHELL, ALLEN, F. N. SMITH, MACK, ANDERSON, JENNINGS, HOSEY, J. H. NEAL, PARKS, JEFFERSON, TOOLE, WHITMIRE, WEEKS, HERBKERSMAN, BALES, RHOAD and CHELLIS requested debate on the Bill.
The following Bill was taken up:
S. 368 (Word version) -- Senators Leatherman, O'Dell, Setzler and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-3215 SO AS TO PROVIDE A PREFERENCE IN THE STATE PROCUREMENT PROCESS FOR A RESIDENT DESIGN PROFESSIONAL, AND TO DEFINE "DESIGN SERVICES" AND "RESIDENT" FOR THIS PURPOSE.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\ 18491MM06):
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Subarticle 5, Article 9, Chapter 35 of Title 11 of the 1976 Code is amended by adding:
"Section 11-35-3215. (A) As used in this section:
(1) 'Design services' means architect-engineer, construction management, or land surveying services as defined in Section 11-35-2910.
(2) 'Resident' means a business that (i) employs, either directly or through consultants, an adequate number of persons domiciled in South Carolina or (ii) performs in South Carolina a majority of the design services involved in the procurement.
(B) A business responding to an invitation involving design services shall submit a certification with its response stating whether the business is a resident for purposes of the procurement. Submission of a certification under false pretenses is grounds for suspension or debarment.
(C) An award to a resident or nonresident of a contract involving design services must be supported by a written determination explaining why the award was made to the selected firm.
(D) When qualifications appear to be equal, the resident firm must be selected.
(E) This section does not apply to a procurement if either the procurement does not involve construction or the design services are a minor accompaniment to a contract for nondesign services."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. CHELLIS explained the amendment.
Rep. SCOTT moved to adjourn debate on the Bill until Thursday, May 25, which was agreed to.
The following Bill was taken up:
S. 1162 (Word version) -- Senators Grooms, Reese and Verdin: A BILL TO AMEND SECTION 23-9-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASS D FIRE EQUIPMENT DEALER LICENSES AND PERMITS, TRAINING REQUIREMENTS, AND LICENSE AND PERMIT FEES, SO AS TO FURTHER SPECIFY REQUIREMENTS TO OBTAIN EQUIPMENT LICENSES AND PERMITS, TO PROVIDE THAT THE DIVISION OF STATE FIRE MARSHAL SHALL ESTABLISH FEES FOR EQUIPMENT LICENSES AND PERMITS IN REGULATION, WHICH MAY BE REVISED EVERY TWO YEARS, AND TO FURTHER PROVIDE THAT THE INITIAL FEES MAY NOT EXCEED THE CURRENT FEES OF ONE HUNDRED DOLLARS FOR LICENSES AND TWENTY-FIVE DOLLARS FOR PERMITS.
Rep. HERBKERSMAN proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7457AHB06), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Article 1, Chapter 9, Title 23 of the 1976 Code is amended by adding:
"Section 23-9-35. The Division of State Fire Marshal is authorized to construct and place handicapped ramps without incurring fees or securing a permit for the construction and placement of handicapped ramps." /
Renumber sections to conform.
Amend title to conform.
Rep. HERBKERSMAN explained the amendment.
The amendment was then adopted.
Reps. HERBKERSMAN and DAVENPORT proposed the following Amendment No. 2 (Doc Name COUNCIL\GGS\22569HTC06), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION __. Chapter 9, Title 6 of the 1976 Code is amended by adding:
"Section 6-9-14. A municipality or county may not charge a permit fee or require a permit for a wheelchair access ramp built with Medicare or Medicaid dollars as long as the construction is performed, overseen, or inspected by an Americans with Disabilities Act inspector."/
Renumber sections to conform.
Amend title to conform.
Rep. HERBKERSMAN 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, read the second time, and ordered to a third reading:
S. 1147 (Word version) -- Senators O'Dell, McGill and Knotts: A BILL TO AMEND SECTION 40-79-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR LICENSURE TO ENGAGE IN AN ALARM SYSTEM BUSINESS, SO AS TO SPECIFY THE NATIONAL TRAINING COURSE REQUIREMENTS TO BE LICENSED TO ENGAGE IN THE BURGLAR ALARM BUSINESS OR THE FIRE ALARM BUSINESS.
Rep. HUGGINS explained the Bill.
The following Bill was taken up:
S. 766 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 58-23-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSPORTATION OF PERSONS OR PROPERTY FOR COMPENSATION ON ANY IMPROVED PUBLIC HIGHWAY OF THIS STATE, SO AS TO PROHIBIT ANY MOTOR VEHICLE CARRIER FROM ADVERTISING OR HOLDING HIMSELF OUT AS AN OPERATOR FOR THE TRANSPORTATION OF PERSONS OR PROPERTY WITHOUT FIRST HAVING OBTAINED A CERTIFICATE FROM THE OFFICE OF REGULATORY STAFF; TO AMEND SECTION 58-23-80, RELATING TO PENALTIES FOR VIOLATING THE PROVISIONS CONTAINED IN ARTICLES 1 THROUGH 12 OF CHAPTER 23 IN TITLE 58, SO AS TO PROVIDE THAT ANY PERSON VIOLATING THOSE PROVISIONS MAY BE IMPRISONED FOR A TERM NOT TO EXCEED THIRTY DAYS; AND TO AMEND SECTION 58-23-590, RELATING TO THE REGULATION OF HOUSEHOLD GOODS AND HAZARDOUS WASTE CARRIERS, SO AS TO PROVIDE THAT A CARRIER OPERATING IN VIOLATION OF THE PROVISIONS CONTAINED IN ARTICLES 1 THROUGH 12 OF CHAPTER 23 IN TITLE 58 MAY BE IMPRISONED FOR A TERM NOT TO EXCEED THIRTY DAYS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\ 9511HTC06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 58-23-40 of the 1976 Code is amended to read:
"Section 58-23-40. No A motor vehicle carrier shall hereafter operate for the transportation of shall obtain a certificate from the Office of Regulatory Staff, pursuant to the provisions of Article 3 of this chapter and pay the license fee required pursuant to Article 5 of this chapter before the motor vehicle carrier may: (1) transport persons or property for compensation on any improved public highway in this State; or (2) advertise as an operator for the transportation of persons or property for compensation on any improved public highway in this State without first having obtained from the Commission, under the provisions of Article 3 of this chapter, a certificate and paid the license fee required by Article 5."
SECTION 2. Section 58-23-80 of the 1976 Code, as last amended by Act 439 of 1996, is further amended to read:
"Section 58-23-80. (A) Unless otherwise provided in this section, Every An officer, agent, or employee of any a corporation and every any other person who wilfully violates or fails to comply with or who procures, aids, or abets in the violation of any provision of Articles 1 through 12 of this chapter or who fails to obey, observe, or comply with any lawful order, decision, regulation, direction, demand, or requirement of the commission or the Office of Regulatory Staff or any part or provision thereof is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than one hundred dollars or imprisoned for not less than ten days nor more than thirty days.
(B)Any An officer, agent, or employee of a corporation or any other person operating as a passenger carrier who violates or who aids and abets in the violation of the provisions of Section 58-23-40 is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars for a first offense, not less than five hundred dollars for a second offense, and for third and subsequent offenses not less than one thousand dollars or imprisoned for a term not to exceed thirty days, or both. A violation must not be charged more than once for any single load.
(C) Any An officer, agent, or employee of a corporation or any other person operating as a carrier of household goods or as a carrier of hazardous waste for disposal who violates or who aids and abets in the violation of the provisions of the certification and registration requirements contained in provided pursuant to Section 58-23-40 is guilty of a misdemeanor and, upon conviction, must be fined as provided in Section 58-23-590(E). No A violation may must not be charged more than once for any single given load.
(D) An officer, agent, or employee of a corporation or any other person advertising as a passenger carrier who violates or who aids and abets in the violation of the provisions of Section 58-23-40 is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars for a first offense, not less than five hundred dollars for a second offense, and for third and subsequent offenses not less than one thousand dollars. A violation must not be charged more than once for any single load.
(E) An officer, agent, or employee of a corporation or any other person advertising as a carrier of household goods or hazardous waste for disposal who violates or who aids and abets in the violation of the provisions of the certification and registration requirements provided pursuant to Section 58-23-40 is guilty of a misdemeanor and, upon conviction, must be fined as provided in Section 58-23-590(E). A violation must not be charged more than once for any single load."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. SANDIFER explained the amendment.
The amendment was then adopted.
Rep. SANDIFER explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
S. 1031 (Word version) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis, Ford and Drummond: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE TAKING OF PRIVATE PROPERTY, SO AS TO PROVIDE THAT PRIVATE PROPERTY SHALL NOT BE CONDEMNED BY EMINENT DOMAIN FOR ANY PURPOSE OR BENEFIT, INCLUDING, BUT NOT LIMITED TO, THE PURPOSE OR BENEFIT OF ECONOMIC DEVELOPMENT, UNLESS THE CONDEMNATION IS FOR PUBLIC USE.
Reps. EDGE, TRIPP, LOFTIS, HAGOOD, M. A. PITTS, DUNCAN, SKELTON, BAILEY, R. BROWN, MITCHELL, CATO, MAHAFFEY, MOODY-LAWRENCE, LEACH, PINSON, TOOLE, HARDWICK and WEEKS requested debate on the Joint Resolution.
The following Bill was taken up:
S. 229 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-655 SO AS TO CREATE THE OFFENSE OF ENGAGING IN A HOG-DOG FIGHTING EVENT OR A HOG-DOG RODEO, TO DEFINE THE TERMS "HOG-DOG FIGHTING EVENT" AND "HOG-DOG RODEO", AND TO PROVIDE A PENALTY FOR A VIOLATION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7435AHB06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 16-17-650 of the 1976 Code is amended to read:
"Section 16-17-650. (A) It shall be a misdemeanor for any person to engage in or be present at cockfighting in this State and any person found guilty shall be fined not exceeding one hundred dollars or imprisoned for not exceeding thirty days A person who engages in or is present at cockfighting or game fowl fighting or testing is guilty of a:
(1) misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year for a first offense;
(2) misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned not more than three years for a second offense; or
(3) felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years for a third or subsequent offense.
(B) For purposes of this section, 'testing' means, allowing game fowl to engage in physical combat:
(1) with or without spurs or other artificial items, while in the presence of more than two persons;
(2) under any circumstances while employing spurs or other artificial items or with the injection or application of a chemical substance; or
(3) for purposes of wagering or gambling.
(C) A person who violates the provisions of subsection (A)(3) is subject to the forfeiture of monies, negotiable instruments, and securities specifically gained or used to engage in or further a violation of this section pursuant to Section 16-27-55."
SECTION 2. Section 16-27-50 of the 1976 Code is amended to read:
"Section 16-27-50. Whenever an indictment is returned charging a violation of any provision of this chapter, or if an indictment is waived, the court shall order the animal or animals involved seized and held until final disposition of the charges and shall provide for the appropriate and humane care or disposition of the animal or animals. The provisions of this section may not be construed as a limitation on the authority under law to seize any animal as evidence at the time of the arrest. If any animal seized pursuant to the provision of this section or otherwise seized in accordance with law is unable to survive humanely the final disposition of the charges, in the opinion of the court, the court may order the termination of the animal's life. Upon the conviction of the person charged, or upon a plea of guilty or of nolo contendere, any animal involved, whose life has not been terminated, becomes the property of the State and the court shall order a humane disposition of the animal. (A) The provisions of Section 47-1-150 apply to this chapter.
(B) For purposes of a hearing to determine whether the owner is able to provide adequately for the animal and is fit to have custody of the animal, any animal found to be owned, trained, possessed, purchased, sold, transported, or bred in violation of this chapter must be considered cruelly treated and the owner must be deemed unfit."
SECTION 3. Chapter 27, Title 16 of the 1976 Code is amended by adding:
"Section 16-27-55. (A) A person who violates a provision of this chapter is subject to forfeiture of:
(1) property, both real and personal, which is knowingly used to engage in a violation or to further a violation of this chapter; and
(2) monies, negotiable instruments, securities, or other things of value furnished or intended to be furnished by a person to engage in or further a violation of this chapter.
(B) Property subject to forfeiture pursuant to the provisions of this chapter may be seized by the appropriate law enforcement agency with a warrant properly issued by a court with jurisdiction over the property. Property may be seized without a warrant if the:
(1) seizure is incident to an arrest or a search with a search warrant or an inspection under an administrative inspection warrant;
(2) property subject to seizure was the subject of a prior judgment in favor of the State in a criminal injunction or forfeiture proceeding pursuant to the provisions of this chapter;
(3) law enforcement agency has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or
(4) law enforcement agency has probable cause to believe that the property was used or is intended to be used in violation of the provisions of this chapter.
(C) Forfeiture proceedings instituted pursuant to the provisions of this section are subject to the procedures and requirements for forfeiture as set out in Section 44-53-530.
(D) Property taken or detained pursuant to the provisions of this section is not subject to replevin but is considered to be in the custody of the law enforcement agency making the seizure subject only to an order of the court having jurisdiction over the forfeiture proceedings.
(E) For purposes of this section, when the seizure of property subject to forfeiture is accomplished as a result of a joint effort by more than one law enforcement agency, the law enforcement agency initiating the investigation is considered to be the agency making the seizure.
(F) A law enforcement agency seizing property pursuant to the provisions of this section shall take reasonable steps to maintain the property. Equipment and conveyances seized must be removed to an appropriate place for storage. Monies seized must be deposited in an interest bearing account pending final disposition by the court unless the seizing agency determines the monies to be of an evidential nature and provides for appropriate security in another manner.
(G) When property, monies, negotiable instruments, securities, or other things of value are seized pursuant to the provisions of subsection (A), the law enforcement agency making the seizure, within ten days or a reasonable period of time after the seizure, shall submit a report to the appropriate prosecuting agency.
(1) The report must include the following information:
(a) a description of the property seized;
(b) the circumstances of the seizure;
(c) the present custodian and where the property is being stored or its location;
(d) the name of the owner of the property;
(e) the name of any lienholders of the property; and
(f) the seizing agency.
(2) If the property is a conveyance, the report must include the:
(a) make, model, serial number, and year of the conveyance;
(b) person in whose name the conveyance is registered; and
(c) name of any lienholders.
(3) In addition to the report provided for in items (1) and (2) of this subsection, the appropriate law enforcement agency shall prepare for dissemination to the public, upon request, a report providing the following information:
(a) a description of the quantity and nature of the property and money seized;
(b) the seizing agency;
(c) the make, model, and year of a conveyance; and
(d) the law enforcement agency responsible for the property or conveyance seized.
(H) Property or conveyances seized by a law enforcement agency may not be used by officers or employees of the agency for personal purposes.
(I)(1) An innocent owner or a manager or owner of a licensed rental agency or a common carrier or carrier of goods for hire may apply to the court of common pleas for the return of an item seized pursuant to the provisions of this chapter. Notice of hearing or rule to show cause accompanied by copy of the application must be directed to all persons and agencies entitled to notice as provided in Section 44-53-530. If the court denies the application, the hearing may proceed as a forfeiture hearing held pursuant to the provisions of Section 44-53-530.
(2) The court may return a seized item to the owner if the owner demonstrates to the court by a preponderance of the evidence:
(a) in the case of an innocent owner, that the person or entity was not a consenting party to, or privy to, or did not have knowledge of, the use of the property which made it subject to seizure and forfeiture; or
(b) in the case of a manager or an owner of a licensed rental agency, a common carrier, or a carrier of goods for hire, that an agent, servant, or employee of the rental agency or of the common carrier or carrier of goods for hire was not a party to, or privy to, or did not have knowledge of, the use of the property which made it subject to seizure and forfeiture.
(3) If the licensed rental agency demonstrates to the court that it has rented the seized property in the ordinary course of its business and that the tenant or tenants were not related within the third degree of kinship to the manager or owner, or any agents, servants, or employees of the rental agency, then it is presumed that the licensed rental agency was not a party to, or privy to, or did not have knowledge of, the use of the property which made it subject to seizure and forfeiture.
(4) The lien of an innocent person or other legal entity, recorded in public records, continues in force upon transfer of title of a forfeited item, and a transfer of title is subject to the lien, if the lienholder demonstrates to the court by a preponderance of the evidence that he was not a consenting party to, or privy to, or did not have knowledge of, the involvement of the property which made it subject to seizure and forfeiture."
SECTION 4. Section 16-27-80 of the 1976 Code is amended to read:
"Section 16-27-80. (A) This chapter shall does not apply to dogs used for the purpose of hunting, including, but not limited to, hunting on shooting preserves or wildlife management areas authorized pursuant to Title 50, or for to dogs used in field trials, including events in more commonly known as 'water races', 'treeing contests', 'coon on a log', 'bear baying', or 'fox pen trials'. Such 'fox pen trials' must be approved by permit for field trials by the South Carolina Department of Natural Resources.
(B) Except as otherwise provided in Section 16-27-60, this chapter applies to events more commonly known as 'hog-dog fights', 'hog-dog rodeos', or 'hog-dogging' in which bets are placed, or cash, points, titles, trophies, or other awards are given based primarily on the ability of a dog to catch a hog using physical contact in the controlled environment of an enclosure."
SECTION 5. Section 44-53-530(a) of the 1976 Code is amended by adding a new undesignated paragraph at the end to read :
"( ) If a defendant or his attorney sends written notice to the petitioner or the seizing agency of his interest in the subject property, service may be made by mailing a copy of the petition to the address provided and service may not be made by publication. In addition, service by publication may not be used for a person incarcerated in a South Carolina Department of Corrections facility, a county detention facility, or other facility where inmates are housed for the county where the seizing agency is located. The seizing agency shall check the appropriate institutions after receiving an affidavit of non-service before attempting service by publication."
SECTION 6. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 7. If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 8. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH explained the amendment.
Rep. MAHAFFEY moved to commit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. G. M. SMITH moved to table the motion, which was rejected by a division vote 68 to 16.
The amendment was then adopted.
Reps. VICK, G. BROWN, ANDERSON, HOSEY, BALES, NEILSON, LUCAS, HIOTT, J. H. NEAL, MOODY-LAWRENCE, MAHAFFEY, RHOAD, KENNEDY, SKELTON, J. R. SMITH, JENNINGS, OTT, FRYE, HINSON, UMPHLETT, CLARK and MILLER requested debate on the Bill.
On motion of Rep. COOPER, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Ways and Means:
S. 960 (Word version) -- Senators McConnell, Leatherman, Thomas, Hayes, Martin, Short, Alexander, Richardson, Ritchie, Sheheen, Campsen, Williams, Ford, O'Dell and Knotts: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 29, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO PROVIDE THAT TAXES UPON REAL PROPERTY MUST BE ASSESSED IN ACCORDANCE WITH THE METHODS AS PROVIDED BY THE GENERAL ASSEMBLY IN ARTICLE X OF THE STATE CONSTITUTION; TO AMEND SECTIONS 1 AND 3 OF ARTICLE X, RELATING TO FINANCE AND TAXATION, SO AS TO PROVIDE THAT THE REQUIREMENT THAT TAXATION OF REAL PROPERTY MUST BE UNIFORM APPLIES TO PROPERTY WITHIN A TAXING JURISDICTION RATHER THAN STATEWIDE; AND BY AMENDING SECTION 6 OF ARTICLE X, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL ESTABLISH METHODS OF VALUATION FOR COUNTIES TO SELECT FROM FOR ASSESSMENT OF REAL PROPERTY WITHIN THEIR JURISDICTIONS; AND TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL PROVIDE FOR THE TERMS, CONDITIONS, AND PROCEDURES TO IMPLEMENT THE ABOVE PROVISIONS.
On motion of Rep. COOPER, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:
S. 1028 (Word version) -- Senators McConnell, Leatherman, Thomas, Hayes, Martin, Short, Alexander, Richardson, Ritchie, Sheheen, Campsen, Williams, Knotts, Courson, Mescher and Ford: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 IN CHAPTER 37, ENACTING THE "SOUTH CAROLINA PROPERTY TAX ASSESSMENT REFORM ACT", SO AS TO PROVIDE FOR A VALUATION OF REAL PROPERTY FOR PURPOSES OF THE PROPERTY TAX THAT LIMITS THE INCREASE IN TAXABLE VALUE NOT TO EXCEED FIFTEEN PERCENT OVER A FIVE YEAR PERIOD UNLESS AN ASSESSABLE TRANSFER OF INTEREST OCCURS, TO PROVIDE AN ALTERNATE METHOD THAT IS VALUATION OF REAL PROPERTY AT FAIR MARKET VALUE WITH ASSESSMENT EVERY FIVE YEARS, TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL PROPOSE REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS ACT, AND TO PROVIDE PENALTIES FOR KNOWINGLY FALSIFYING INFORMATION TO THE DEPARTMENT; TO AMEND SECTION 4-9-1210, RELATING TO THE INITIATIVE METHOD OF ENACTING COUNTY ORDINANCES, SO AS TO ALLOW THIS PROCESS TO INCLUDE ORDINANCES ENACTING A REAL PROPERTY VALUATION METHOD PERMITTED BY THIS ACT; TO AMEND SECTION 6-1-50, RELATING TO FINANCIAL REPORTS, SO AS TO REQUIRE SUBMISSION OF ANNUAL FINANCIAL REPORTS TO THE BUDGET AND CONTROL BOARD, OFFICE OF RESEARCH AND STATISTICS, ECONOMIC RESEARCH SECTION; TO REPEAL SECTION 12-37-223A, RELATING TO THE COUNTY OPTION PROPERTY TAX EXEMPTION LIMITING INCREASES IN VALUE DUE TO REASSESSMENT; TO AMEND SECTION 12-43-210, AS AMENDED, RELATING TO THE CLASSIFICATION OF AND VALUATION OF PROPERTY FOR PURPOSES OF PROPERTY TAX, SO AS TO CONFORM VALUATION REFERENCES FOR REAL PROPERTY; TO AMEND SECTION 12-43-217, RELATING TO QUADRENNIAL REASSESSMENT, SO AS TO ALLOW PORTIONS OF A COUNTY TO BE REASSESSED AS A "ROLLING" REASSESSMENT; TO AMEND SECTION 12-43-220, RELATING TO CLASSIFICATIONS OF PROPERTY, SO AS TO CONFORM THE LANGUAGE TO THE PROVISIONS OF THIS ACT; AND TO AMEND SECTION 12-60-2510, RELATING TO PROPERTY TAX NOTICES, SO AS TO ALLOW THAT IN YEARS IN WHICH THERE IS NO NOTICE OF A PROPERTY TAX ASSESSMENT, A TAXPAYER MAY PROTEST THE ASSESSMENT VALUE NINETY DAYS AFTER THE TAX NOTICE IS MAILED.
Rep. COOPER asked unanimous consent to recall S. 1427 (Word version) from the Committee on Ways and Means.
Rep. COATES objected.
On motion of Rep. RUTHERFORD, with unanimous consent, the following Bill was ordered recalled from the Richland Delegation:
H. 5217 (Word version) -- Rep. Rutherford: A BILL TO PROVIDE THAT A RESIDENT OF RICHLAND COUNTY WHO OWNS A GOLF CART THAT MAY BE OPERATED ALONG CERTAIN SECONDARY HIGHWAYS OR STREETS, MAY OPERATE IT ALONG CERTAIN HIGHWAYS AND STREETS WITHIN RICHLAND COUNTY WITHIN A FIVE-MILE RADIUS OF HIS RESIDENCE OR PLACE OF BUSINESS, MAY OPERATE THE GOLF CART ALONG A PRIMARY HIGHWAY WITHIN A ONE-HALF-MILE RADIUS OF A SPORTING EVENT DURING CERTAIN HOURS, AND TO PROVIDE THAT DURING NIGHTTIME HOURS, THE GOLF CART MUST BE OPERATED WITH WORKING HEADLIGHTS AND TAIL LIGHTS.
Rep. E. H. PITTS asked unanimous consent to recall S. 1138 (Word version) from the Committee on Judiciary.
Rep. J. H. NEAL objected.
Rep. THOMPSON asked unanimous consent to recall H. 5013 (Word version) from the Committee on Education and Public Works.
Rep. HAYES objected.
Rep. WHITMIRE asked unanimous consent to recall S. 1422 (Word version) from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. FRYE objected.
Rep. COBB-HUNTER asked unanimous consent to recall S. 1427 (Word version) from the Committee on Ways and Means.
Rep. COATES objected.
Rep. WHIPPER asked unanimous consent to recall H. 5020 (Word version) from the Committee on Judiciary.
Rep. G. M. SMITH objected.
The Senate amendments to the following Bill were taken up for consideration:
H. 3833 (Word version) -- Rep. White: A BILL TO AMEND SECTION 13-7-10 AND SECTIONS 13-7-40 AND 13-7-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF IONIZING AND NONIONIZING RADIATION AND THE LICENSURE AND REGULATION OF USERS OF SUCH RADIATION, SO AS TO DELETE REFERENCES TO NONIONIZING RADIATION.
Rep. WHITE moved to adjourn debate upon the Senate Amendments until Thursday, May 25, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
H. 3922 (Word version) -- Reps. Witherspoon, Ott, Umphlett, Barfield, Cato, Bailey, Hagood, Bowers, Hardwick and Neilson: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 18 SO AS TO ENACT THE "MERCURY SWITCH REMOVAL ACT OF 2005" IN ORDER TO ACHIEVE REDUCTIONS OF MERCURY IN THE ENVIRONMENT THROUGH REMOVAL AND COLLECTION OF MERCURY SWITCHES FROM MOTOR VEHICLES WEIGHING LESS THAN TWELVE THOUSAND POUNDS; TO PROVIDE THAT EVERY MANUFACTURER OF MOTOR VEHICLES SOLD IN THIS STATE TO WHICH THIS CHAPTER APPLIES SHALL DEVELOP A MERCURY MINIMIZATION PLAN TO BE FILED WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO PROVIDE FOR CERTAIN COSTS WITH REGARD TO THE COLLECTION AND RECOVERY OF MERCURY SWITCHES TO BE PAID BY THE VEHICLE MANUFACTURER; TO PROVIDE FOR OTHER RELATED PROVISIONS PERTAINING TO THE RECYCLING, STORAGE, AND DISPOSAL OF MERCURY SWITCHES, INCLUDING DESIGNATING MERCURY SWITCHES AS UNIVERSAL WASTE AND REQUIRING THE DEPARTMENT TO PROMULGATE REGULATIONS FOR THE MANAGEMENT OF THESE SWITCHES; AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Rep. DUNCAN explained 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.
The Senate amendments to the following Bill were taken up for consideration:
H. 3665 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA BILL OF RIGHTS DAY" BY ADDING SECTION 53-3-166 SO TO ESTABLISH DECEMBER FIFTEENTH OF EACH YEAR AS BILL OF RIGHTS DAY, AND TO ENCOURAGE ALL GOVERNMENTAL BODIES TO OBSERVE THE ANNUAL BILL OF RIGHTS DAY IN A MANNER THAT EMPHASIZES THE DOCUMENT'S MEANING AND IMPORTANCE.
Rep. SCOTT moved to adjourn debate on the Senate Amendments, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
S. 680 (Word version) -- Senators Sheheen and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-295 SO AS TO PROVIDE THAT GASOLINE AND DIESEL FUEL MAY BE DISPENSED AT UNATTENDED SERVICE STATIONS IF THE DISPENSING DEVISE HAS AN AUTOMATIC SHUT-OFF VALVE THAT IS ACTIVATED WHEN THE SALE REACHES FIFTY DOLLARS.
Rep. DUNCAN explained the Senate Amendments.
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration:
H. 4481 (Word version) -- Reps. Martin, Townsend, J. H. Neal, McLeod, Clark, Agnew, Bales, Ballentine, Bannister, Barfield, Bingham, Brady, Cato, Coates, Cobb-Hunter, Dantzler, Frye, Harrison, Herbkersman, J. Hines, Hosey, Huggins, Jefferson, Miller, Ott, Parks, Pinson, Rhoad, Scott, Sinclair, Umphlett, Vaughn, Walker and White: A BILL TO AMEND SECTION 57-23-800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF TRANSPORTATION'S MANAGEMENT OF VEGETATION ALONG INTERSTATE HIGHWAY MEDIANS, ROADSIDES, AND INTERCHANGES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY UNDERTAKE THIS ACTIVITY AT ITS DISCRETION AFTER CONSULTING THE LOCAL GOVERNMENTAL AUTHORITY THAT HAS JURISDICTION OVER THE PORTION OF HIGHWAY SUBJECT TO THE VEGETATION MANAGEMENT PROJECT.
Rep. MILLER explained 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.
The Senate amendments to the following Bill were taken up for consideration:
H. 4965 (Word version) -- Reps. Loftis, Pinson, Hardwick, Barfield, Bannister, Ceips, Clark, Clemmons, Coates, Davenport, Duncan, Edge, Frye, Hamilton, Harrison, Haskins, Hiott, Mahaffey, Merrill, Norman, Owens, Perry, M. A. Pitts, Sandifer, Scarborough, F. N. Smith, Stewart, Talley, Walker, Witherspoon, Young, Mitchell, McLeod, Leach, Altman and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-525 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO WILFULLY OR MALICIOUSLY DISTURB OR INTERRUPT A FUNERAL SERVICE AND TO PROVIDE PENALTIES.
Rep. LOFTIS explained 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.
At 12:00 noon the Senate appeared in the Hall of the House. The PRESIDENT PRO TEMPORE of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 5042 (Word version) -- Reps. Delleney, W. D. Smith, Cato, Ott, Sandifer and F. N. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 24, 2006, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 9, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW COURT, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2008; AND TO ELECT SUCCESSORS TO THE MEMBERS OF THE SECOND, FOURTH, AND SIXTH DISTRICTS OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION, SO AS TO FILL TERMS WHICH EXPIRE JUNE 30, 2006.
The PRESIDENT PRO TEMPORE recognized Rep. DELLENEY, Chairman of the Judicial Merit Selection Commission.
The PRESIDENT PRO TEMPORE announced that nominations were in order for a Circuit Court Judge, At-Large, Seat 9.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: J. Michelle Childs, John D. Geathers and William K. Witherspoon.
Rep. DELLENEY stated that John D. Geathers and William K. Witherspoon had withdrawn from the race, and placed the name of the remaining candidate, J. Michelle Childs, in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable J. Michelle Childs was duly elected for the term prescribed by law.
The PRESIDENT PRO TEMPORE announced that nominations were in order for an Administrative Law Judge, Seat 5.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: Deborah Brooks Durden, Paige J. Gossett and Shirley C. Robinson.
Rep. DELLENEY stated that Deborah Brooks Durden had withdrawn from the race, and placed the names of the remaining candidates, Paige J. Gossett and Shirley C. Robinson in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Gossett:
Alexander Bryant Campsen Cleary Courson Cromer Drummond Elliott Fair Gregory Grooms Hawkins Hayes Knotts Leatherman Martin McConnell Mescher O'Dell Peeler Richardson Ritchie Ryberg Scott Setzler Thomas Verdin
The following named Senators voted for Robinson:
Anderson Ford Hutto Jackson Land Leventis Lourie Malloy Matthews McGill Moore Patterson Pinckney Reese Sheheen Short Williams
On motion of Rep. SCOTT, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Gossett:
Altman Anthony Bailey Ballentine Bannister Bingham Brady Cato Ceips Chellis Clark Clemmons Coates Cooper Cotty Dantzler Davenport Delleney Duncan Edge Frye Hagood Haley Hamilton Hardwick Harrison Haskins Herbkersman Hinson Hiott Huggins Jennings Leach Limehouse Littlejohn Loftis Mahaffey McCraw McGee Merrill Norman Perry Phillips Pinson Rice Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Townsend Tripp Umphlett Viers Walker White Whitmire Young
The following named Representatives voted for Robinson:
Agnew Allen Anderson Bales Battle Bowers Breeland G. Brown J. Brown R. Brown Chalk Clyburn Cobb-Hunter Coleman Emory Funderburk Govan Harrell Harvin Hayes J. Hines M. Hines Hodges Hosey Howard Jefferson Kennedy Kirsh Lucas Mack McLeod Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Owens Parks E. H. Pitts M. A. Pitts Rhoad Rivers Rutherford Scott F. N. Smith Toole Vaughn Vick Weeks Whipper
Total number of Senators voting 44
Total number of Representatives voting 119
Grand Total 163
Necessary to a choice 82
Of which Gossett received 94
Of which Robinson received 69
Whereupon, the PRESIDENT PRO TEMPORE announced that Paige J. Gossett was duly elected for the term prescribed by law.
The PRESIDENT PRO TEMPORE announced that nominations were in order for a Commissioner, Seat 2.
Senator Moore, on behalf of the Public Utilities Review Committee, stated that the following candidates had been screened, found qualified, and placed their names in nomination: Sidney S. Locke and David A. Wright.
Senator Moore stated that Sidney S. Locke had withdrawn from the race, and placed the name of the remaining candidate, David A. Wright, in nomination.
On motion of Senator Moore, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, David A. Wright was duly elected for the term prescribed by law.
The PRESIDENT PRO TEMPORE announced that nominations were in order for a Commissioner, Seat 4.
Senator Moore, on behalf of the Public Utilities Review Committee, stated that the following candidate had been screened, found qualified, and placed her name in nomination: Elizabeth B. Fleming.
On motion of Senator Moore, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, Elizabeth B. Fleming was duly elected for the term prescribed by law.
The PRESIDENT PRO TEMPORE announced that nominations were in order for a Commissioner, Seat 6.
Senator Moore, on behalf of the Public Utilities Review Committee, stated that the following candidate had been screened, found qualified, and placed her name in nomination: Mignon L. Clyburn.
On motion of Senator Moore, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, Mignon L. Clyburn was duly elected for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT PRO TEMPORE announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:30 p.m. the House resumed, the SPEAKER in the Chair.
The Senate amendments to the following Bill were taken up for consideration:
H. 3882 (Word version) -- Reps. Harrell and Clark: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ALLOW YEAR OF MANUFACTURE LICENSE PLATES TO SERVE AS THE OFFICIAL LICENSE PLATES FOR CERTAIN MOTOR VEHICLES.
Rep. ALTMAN made the Point of Order that the Senate Amendments were 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 Bill were taken up for consideration:
H. 4532 (Word version) -- Reps. Coates, McGee and Townsend: A BILL TO AMEND SECTION 56-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE WHOLESALER AND DEALER LICENSES, SO AS TO INCREASE THE AMOUNT OF THE SURETY BOND AN APPLICANT FOR LICENSURE AS A WHOLESALER OR A DEALER MUST PROVIDE TO THE DEPARTMENT OF MOTOR VEHICLES AND TO INCREASE THE AGGREGATE LIABILITY OF THE SURETY FOR CLAIMS ON EACH BOND AND THE AMOUNT OF THE ACTUAL LOSS INCURRED.
Rep. CATO explained 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.
The Senate amendments to the following Bill were taken up for consideration:
H. 3789 (Word version) -- Reps. M. A. Pitts, Taylor and Duncan: A BILL TO AMEND ACT 779 OF 1988, AS AMENDED, RELATING TO ELECTION OF LAURENS COUNTY SCHOOL DISTRICT BOARDS OF TRUSTEES, SO AS TO SET THE ELECTIONS AT THE TIME OF THE GENERAL ELECTION AND TO PROVIDE THAT THE TERMS OF TRUSTEES WHOSE TERMS EXPIRE PRIOR TO THE ELECTION OF NEW TRUSTEES ARE EXTENDED UNTIL THEIR SUCCESSORS ARE ELECTED AND TAKE OFFICE.
Rep. M. A. PITTS moved to adjourn debate upon the Senate Amendments until Tuesday, May 30, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
H. 3615 (Word version) -- Reps. Dantzler, Frye, Scarborough, Bailey, Hinson, Jefferson, Perry, Rhoad and Mahaffey: 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 VETERINARIANS AND VETERINARY TECHNICIANS INCLUDING, BUT NOT LIMITED TO, ESTABLISHING AN INVESTIGATIVE REVIEW COMMITTEE, REVISING PROCEDURES FOR CONDUCTING HEARINGS, PROVIDING FOR LICENSURE BY ENDORSEMENT, AUTHORIZING STUDENT PRECEPTOR PROGRAMS, PROVIDING PROCEDURES FOR VETERINARIANS IF AN ANIMAL IS ABANDONED IN THEIR CUSTODY, PROVIDING FOR A LIEN ON AN ANIMAL WHEN PAYMENT FOR CARE IS NOT MADE, AND ESTABLISHING CERTAIN STANDARDS FOR EMERGENCY VETERINARY CARE FACILITIES AND MOBILE VETERINARY FACILITIES.
Rep. DANTZLER explained 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.
The motion period was dispensed with on motion of Rep. RHOAD.
Rep. SCOTT moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 5226 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. 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, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, 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, 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, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE REVEREND ROCK E. SIMS FOR HIS OUTSTANDING CONTRIBUTIONS TO HIS FAITH AND COMMUNITY, AND TO WISH HIM ALL THE BEST UPON HIS INSTALLATION AS PASTOR OF MT. PILGRIM BAPTIST CHURCH ON MAY 28, 2006.
The Resolution was adopted.
The following was introduced:
H. 5227 (Word version) -- Rep. Cotty: A HOUSE RESOLUTION TO EXPRESS THE SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF MRS. KRIS V. HOFFMAN OF RICHLAND COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 5228 (Word version) -- Reps. J. M. Neal and Emory: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND MR. GERALD E. WHITE OF LANCASTER COUNTY FOR HIS DISTINGUISHED FORTY-ONE YEARS OF SERVICE AS AN EMPLOYEE AND MANAGER OF LANCASTER COUNTY WATER AND SEWER DISTRICT ON THE OCCASION OF HIS RETIREMENT AND EXTEND TO HIM EVERY BEST WISH FOR A HAPPY AND ENJOYABLE RETIREMENT.
The Resolution was adopted.
On motion of Rep. HAYES, with unanimous consent, the following was taken up for immediate consideration:
H. 5229 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO DECLARE FRIDAY, SEPTEMBER 1, 2006, AS "BEN BERNANKE DAY" IN DILLON COUNTY IN HONOR OF HIS MANY OUTSTANDING ACCOMPLISHMENTS IN THE FIELDS OF NATIONAL MONETARY POLICY AND ECONOMICS, AND FOR HIS SELECTION AS CHAIRMAN OF THE FEDERAL RESERVE.
Whereas, born on December 13, 1953 in Augusta, Georgia, Dr. Ben S. Bernanke graduated Summa Cum Laude from Harvard University in 1975 with a degree in economics and earned a Ph.D. in economics from the Massachusetts Institute of Technology in 1979; and
Whereas, Dr. Bernanke spent his formative years in Dillon, South Carolina, and still maintains close ties to South Carolina and his South Carolina roots; and
Whereas, Dr. Bernanke celebrates a career of great achievement and prestige, as he has completed outstanding work in the field of monetary policy, taught advanced economics at some of the nation's top universities, and served with distinction on the Federal Reserve's Board of Governors; and
Whereas, on June 21, 2005, Dr. Bernanke officially became Chairman of the President's Council of Economic Advisors. In January he succeeded the legendary Alan Greenspan as Chairman of the Federal Reserve; and
Whereas, Dr. Bernanke's service on the Federal Reserve's Board of Governors, coupled with his many outstanding scholarly publications and research, made him an outstanding candidate for the chairmanship. Across the course of his career he has held a Guggenheim Fellowship and a Sloan Fellowship, and he is a Fellow of the Econometric Society and the American Academy of Arts and Sciences; and
Whereas, in addition to his academic pursuits, Dr. Bernanke remains committed to the community in which he now lives, and has served two terms on the Montgomery Township Board of Education in New Jersey; and
Whereas, Dr. Bernanke is devoted to his family and shares a loving marriage with his wife, Anna, and enjoys his two wonderful children, Alyssa and Joel; and
Whereas, on Friday, September 1, 2006, Dr. Bernanke will be awarded the Order of the Palmetto, South Carolina's "highest civilian honor for extraordinary lifetime achievement and service to the State and nation"; and
Whereas, the South Carolina General Assembly is confident of Dr. Bernanke's ability to lead our nation in making fiscally responsible decisions and is proud to recognize him for the outstanding work he has done and will continue to do, on behalf of the United States of America. 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, declare Friday, September 1, 2006, as "Ben Bernanke Day" in Dillon County in honor of his many outstanding accomplishments in the fields of national monetary policy and economics, and for his selection as Chairman of the Federal Reserve.
Be it further resolved that a copy of this resolution be forwarded to Dr. Ben Bernanke.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5230 (Word version) -- Rep. Parks: A CONCURRENT RESOLUTION TO RECOGNIZE THE SOUTH CAROLINA BAPTIST CONGRESS OF CHRISTIAN EDUCATION FOR ITS WORK IN PROMOTING THE CHRISTIAN MESSAGE IN SOUTH CAROLINA, AND TO COMMEMORATE THE ONE HUNDREDTH ANNIVERSARY OF ITS FIRST MEETING IN GREENWOOD, SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. HAYES moved that the House recede until 2:00 p.m., which was agreed to.
At 2:00 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
CONFERENCE REPORT
H. 4165
The General Assembly, Columbia, S.C., May 23, 2006
The COMMITTEE OF CONFERENCE, to whom was referred: (House Doc. No. AMEND\COUNCIL\GJK\21266SD06.DOC)
H. 4165 (Word version) -- Reps. M.A. Pitts, Rhoad, Umphlett, E.H. Pitts, Loftis, Whipper, Witherspoon, Haley, Hardwick, Agnew, Anderson, Vaughn, Mahaffey, Leach, Bales, Clemmons, Cooper, Littlejohn, Owens, Taylor, Weeks, Whitmire, Duncan and Toole: A BILL TO AMEND SECTION 50-3-316, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRITERIA FOR HIRING NATURAL RESOURCES ENFORCEMENT OFFICERS, SO AS TO REVISE THE RESIDENCY REQUIREMENTS FOR THESE ENFORCEMENT OFFICERS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 50-3-316 of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:
"Section 50-3-316. In employing enforcement officers, the department shall use the criteria as required by the Office of Human Resources and the department. The criteria must include, but are not limited to, a written examination, physical examination, and interview. Each applicant is required to perform at minimal levels as required by the Office of Human Resources and the department. The department shall employ the most qualified applicants. An enforcement officer must reside within the county in which he is assigned, provided that the director, in his discretion, may allow an officer to reside outside the county under special hardship circumstances. If an enforcement officer does not reside in the county for which he is employed, he shall move to the county at his expense within three months of employment. Enforcement officers must be compensated from funds provided to the department in the annual general appropriation act."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to read:
/TO AMEND SECTION 50-3-316, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRITERIA FOR HIRING NATURAL RESOURCES ENFORCEMENT OFFICERS, SO AS TO REVISE THE RESIDENCY REQUIREMENTS FOR THESE ENFORCEMENT OFFICERS, AND TO DELETE PROVISIONS PERTAINING TO THE FUNDING OF THE COMPENSATION OF THESE ENFORCEMENT OFFICERS./
The Hon. Chauncey K. Gregory The Hon. Michael A. Pitts The Hon. Kevin L. Bryant The Hon. Thomas N. Rhoad The Hon. Vincent A. Sheheen The Hon. David Umphlett, Jr. On Part of the Senate. On Part of the House.
Rep. M. A. PITTS explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following Bill was taken up:
S. 1084 (Word version) -- Senators McConnell, Ritchie, Bryant, Campsen, Ford, Ryberg, Knotts and Alexander: A BILL TO ENACT THE "UNBORN VICTIMS OF VIOLENCE ACT OF 2006" BY ADDING SECTION 16-3-1083, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT A PERSON WHO COMMITS A VIOLENT CRIME THAT CAUSES THE DEATH OF, OR INJURY TO, A CHILD IN UTERO IS GUILTY OF A SEPARATE OFFENSE AND THAT THE PERSON MUST BE PUNISHED AS IF THE DEATH OR INJURY OCCURRED TO THE UNBORN CHILD'S MOTHER; TO SPECIFY CERTAIN ELEMENTS THAT ARE NOT REQUIRED TO BE PROVEN; TO PROVIDE THAT THE PERSON MUST BE PUNISHED FOR MURDER OR ATTEMPTED MURDER IF THE PERSON INTENTIONALLY KILLED OR ATTEMPTED TO KILL THE UNBORN CHILD; TO PROHIBIT IMPOSING THE DEATH PENALTY FOR AN OFFENSE PROSECUTED PURSUANT TO THIS SECTION; AND TO PROHIBIT THE PROSECUTION OF A PERSON FOR CONDUCT RELATED TO AN ABORTION IF PROPER CONSENT WAS OBTAINED AND TO MEDICAL TREATMENT OF A PREGNANT WOMAN AND OF A WOMAN WITH RESPECT TO HER UNBORN CHILD.
Rep. G. M. SMITH explained the Bill.
Reps. RUTHERFORD, HOSEY, CLYBURN, JEFFERSON, HODGES, MOODY-LAWRENCE, RIVERS, HAMILTON, G. R. SMITH, LEACH, CATO, HASKINS, J. R. SMITH and BREELAND requested debate on the Bill.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 1045 (Word version) -- Senators Ritchie, Bryant, Campsen and Knotts: A BILL TO AMEND SECTION 20-1-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A MARRIAGE LICENSE, SO AS TO REDUCE THE MARRIAGE LICENSE FEE FOR COUPLES THAT COMPLETE A QUALIFYING PREMARITAL PREPARATION COURSE.
Rep. DELLENEY explained the Bill.
The following Joint Resolution was taken up:
S. 1029 (Word version) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis, Anderson, Ford and Knotts: A JOINT RESOLUTION TO CREATE AN EMINENT DOMAIN STUDY COMMITTEE TO REVIEW THE CONDEMNATION AUTHORITY OF ALL ENTITIES THAT POSSESS THE POWER OF EMINENT DOMAIN IN SOUTH CAROLINA AND TO RECOMMEND LEGISLATIVE CHANGES, IF APPROPRIATE.
Reps. EDGE, MOODY-LAWRENCE, LOFTIS, MILLER, HARVIN, HOSEY, VIERS, DUNCAN and NORMAN requested debate on the Joint Resolution.
The following Bill was taken up:
S. 1314 (Word version) -- Judiciary Committee: A BILL TO AMEND TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 79 TO CREATE THE ORDER OF THE SWORD AND MACE, THE HIGHEST CIVILIAN HONOR THAT MAY BE AWARDED TO LIVING PERSONS OR AWARDED POSTHUMOUSLY BY THE GENERAL ASSEMBLY; TO RECOGNIZE STATE CITIZENS FOR EXCELLENCE, VALOR, OR EXTRAORDINARY SERVICE; AND TO PROVIDE FOR THE METHOD OF SELECTING HONOREES.
Rep. E. H. PITTS moved to recommit the Bill to the Committee on Judiciary, which was agreed to.
The following Bill was taken up:
S. 100 (Word version) -- Senator Richardson: A BILL TO AMEND THE CODE OF LAWS Of SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-280 SO AS TO PROVIDE DIFFERENT SALARY SUPPLEMENTS FOR TEACHERS CERTIFIED BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS, PROVIDE FOR LOANS TO TEACHERS FOR THE NATIONAL BOARD CERTIFICATION APPLICATION FEE, PROVIDE FOR FORGIVENESS OF THE LOANS PURSUANT TO CERTAIN CONDITIONS, AND PROVIDE FOR THE APPROPRIATION OF FUNDS; BY ADDING SECTION 59-25-290 SO AS TO PROVIDE FOR THE CREATION OF A COMMISSION TO DETERMINE NECESSARY CHANGES TO THE SALARY SCHEDULE FOR TEACHERS AND PROVIDE ITS COMPOSITION; AND TO AMEND SECTION 59-18-1530, RELATING TO TEACHER SPECIALISTS, SO AS TO PROVIDE GUIDANCE IN THE CALCULATION OF COMPENSATION FOR TEACHER SPECIALISTS.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6916SJ06), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 1, Chapter 25, Title 59 of the 1976 Code is amended by adding:
"Section 59-25-60. (A) The State Department of Education shall create a task force to conduct a comprehensive salary study of all instructional support personnel to include, but not be limited to, the following:
(1) speech therapists;
(2) speech pathologists;
(3) audiologists;
(4) school psychologists;
(5) school nurses; and
(6) school guidance counselors.
(B) The task force shall include, but not be limited to, one member appointed by each of the following:
(a) the Education Oversight Committee;
(b) the Palmetto State Teachers Association;
(c) the South Carolina Association of School Administrators, Personnel Division;
(d) the South Carolina Education Association;
(e) the South Carolina School Boards Association;
(f) the South Carolina Speech and Hearing Association;
(g) the South Carolina Academy of Audiologist;
(h) the South Carolina Association of School Nurses; and
(i) the South Carolina Association of School Psychologist.
(C) The task force shall examine the salary schedules and incentive programs offered by public and private schools and colleges and universities. The study also shall include how advanced degrees and certifications affect salary structures and issues regarding supply and demand. The task force shall submit its report to the General Assembly by January 1, 2007.
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. WALKER explained the amendment.
Rep. TRIPP moved to table the amendment, which was agreed to.
Rep. WALKER moved to recommit the Bill to the Committee on Education and Public Works, which was agreed to.
The following Bill was taken up:
S. 148 (Word version) -- Senators Campsen and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-39-112 ENACTING THE "SOUTH CAROLINA RELEASED TIME CREDIT ACT", SO AS TO PROVIDE THAT A SCHOOL DISTRICT BOARD OF TRUSTEES MAY AWARD HIGH SCHOOL STUDENTS ELECTIVE CARNEGIE UNITS FOR THE COMPLETION OF RELEASED TIME CLASSES IN RELIGIOUS INSTRUCTION AND TO PROVIDE THAT THE RELEASED TIME CLASSES MUST BE EVALUATED ON THE BASIS OF PURELY SECULAR CRITERIA.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6914SJ06), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 2 in its entirety and inserting:
/SECTION 2. Article 1, Chapter 39, Title 59 of the 1976 Code is amended by adding:
"Section 59-39-112. (A) A school district board of trustees may award high school students no more than two elective Carnegie units for the completion of released time classes in religious instruction as specified in Section 59-1-460 if:
(1) for the purpose of awarding elective Carnegie units, the released time classes in religious instruction are evaluated on the basis of purely secular criteria that are substantially the same criteria used to evaluate similar classes at established private high schools for the purpose of determining whether a student transferring to a public high school from a private high school will be awarded elective Carnegie units for such classes. However, any criteria that released time classes must be taken at an accredited private school is not applicable for the purpose of awarding Carnegie unit credits for released time classes; and
(2) the decision to award elective Carnegie units is neutral as to, and does not involve any test for, religious content or denominational affiliation.
(B) For the purpose of subsection (A)(1), secular criteria may include, but are not limited to, the following:
(1) number of hours of classroom instruction time;
(2) review of the course syllabus which reflects the course requirements and materials used;
(3) methods of assessment used in the course; and
(4) whether the course was taught by a certified teacher." /
Renumber sections to conform.
Amend title to conform.
Rep. WALKER explained the amendment.
Rep. WHIPPER moved to table the amendment.
Rep. WALKER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Anderson Battle Breeland G. Brown R. Brown Hamilton Haskins Hodges Hosey Jefferson Jennings Mack McLeod Moody-Lawrence Rhoad Rivers Rutherford Weeks Whipper
Those who voted in the negative are:
Agnew Anthony Bailey Bales Ballentine Bannister Barfield Bingham Bowers Brady J. Brown Ceips Chalk Chellis Clark Clemmons Clyburn Coates Coleman Cotty Dantzler Davenport Delleney Duncan Emory Frye Funderburk Govan Hagood Haley Hardwick Harrell Harrison Harvin J. Hines M. Hines Hinson Hiott Huggins Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw McGee Merrill Miller J. H. Neal J. M. Neal Neilson Norman Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Vick Viers Walker White Whitmire Young
So, the House refused to table the amendment.
Rep. WHIPPER spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. RICE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Anthony Bailey Bales Ballentine Bannister Barfield Battle Bingham Bowers Brady Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coates Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Emory Frye Funderburk Govan Hagood Haley Hardwick Harrell Harrison Hayes J. Hines Hinson Hiott Huggins Jennings Kirsh Leach Limehouse Littlejohn Loftis Lucas Martin McCraw McGee Merrill Miller Mitchell J. H. Neal J. M. Neal Neilson Norman Owens Parks Perry Pinson E. H. Pitts Rhoad Rice Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Umphlett Vaughn Vick Viers Walker White Whitmire Young
Those who voted in the negative are:
Allen Anderson Breeland R. Brown Hamilton Harvin Haskins M. Hines Hodges Hosey Jefferson Kennedy Mack Mahaffey McLeod M. A. Pitts Rivers Rutherford Tripp Weeks Whipper
So, the amendment was adopted.
Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bailey Bales Ballentine Bannister Barfield Battle Bingham Brady G. Brown J. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coates Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Emory Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes J. Hines Hinson Hiott Hosey Huggins Jefferson Jennings Kirsh Leach Limehouse Littlejohn Loftis Lucas Martin McCraw McGee Merrill Miller Mitchell J. H. Neal J. M. Neal Neilson Norman Ott Parks E. H. Pitts Rhoad Rice Rutherford Sandifer Scarborough Scott Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Vick Walker White Whitmire Young
Those who voted in the negative are:
Bowers Breeland R. Brown Harvin M. Hines Hodges Kennedy Mack Mahaffey McLeod Perry M. A. Pitts Rivers Weeks Whipper
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. WALKER moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 5231 (Word version) -- Rep. Kirsh: A HOUSE RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA BANKERS ASSOCIATION ALONG WITH ITS YOUNG BANKERS DIVISION FOR THEIR EDUCATIONAL EFFORTS FOR CHILDREN AND TO COMMEND THEM FOR SPONSORING MONEYVILLE AT THE EDVENTURE CHILDREN'S MUSEUM FROM MAY 27, 2006, TO SEPTEMBER 5, 2006, WHICH WILL TEACH CHILDREN ABOUT FINANCIAL CONCEPTS AND LITERACY.
The Resolution was adopted.
The following was introduced:
H. 5232 (Word version) -- Reps. McLeod and Rutherford: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR DR. WALTER L. TOBIN FOR HIS OUTSTANDING LEADERSHIP AS INTERIM SUPERINTENDENT OF THE NEWBERRY COUNTY SCHOOL DISTRICT FOR ACADEMIC YEAR 2005-2006; TO EXPRESS THANKS AND APPRECIATION FOR HIS DEEP COMMITMENT, STEADFAST EFFORTS, AND NOTABLE ACHIEVEMENTS IN IMPROVING THE EDUCATION OF THE PUBLIC SCHOOL CHILDREN OF NEWBERRY COUNTY AND SOUTH CAROLINA; AND TO WISH HIM CONTINUED SUCCESS IN ALL HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The Senate sent to the House the following:
S. 1442 (Word version) -- Senator Richardson: A CONCURRENT RESOLUTION THANKING THE HONORABLE JOSEPH MCDOMICK, JR. FOR HIS TWENTY-FIVE YEARS OF SERVICE AS A BEAUFORT COUNTY MAGISTRATE, AND WISHING HIM WELL UPON HIS RETIREMENT AND MUCH SUCCESS IN ALL OF HIS VENTURES.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 5233 (Word version) -- Rep. Duncan: A BILL TO AMEND SECTION 11-48-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPLIANCE CERTIFICATION AND PENALTIES FOR PURPOSES OF TOBACCO QUALIFIED ESCROW FUND ENFORCEMENT, SO AS TO EXEMPT FROM THE CIVIL AND CRIMINAL PENALTIES OTHERWISE APPLICABLE TO THE SALE OF CIGARETTES IN THIS STATE OF A NONPARTICIPATING MANUFACTURER IF THE CIGARETTES AND APPLICABLE BRAND FAMILY OF THAT MANUFACTURER WERE INCLUDED ON THE ATTORNEY GENERAL'S DIRECTORY AT THE TIME THE DISTRIBUTOR OR RETAILER ACQUIRED THE CIGARETTES.
Referred to Committee on Ways and Means
The following Bill was taken up:
S. 1107 (Word version) -- Senator Hawkins: A BILL TO AMEND SECTION 59-17-130(A) OF THE 1976 CODE, RELATING TO HIGH SCHOOL COURSES IN AMERICAN SIGN LANGUAGE, TO PROVIDE THAT A SCHOOL DISTRICT MAY GIVE CREDIT AS A FOREIGN LANGUAGE TO A PUPIL WHO SATISFACTORILY COMPLETES A HIGH SCHOOL COURSE IN AMERICAN SIGN LANGUAGE.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6915SJ06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 59-17-130 of the 1976 Code is amended to read:
"SECTION 59-17-130. (A) The board of trustees of a school district may grant credit as an elective a world language to a pupil who satisfactorily has completed a high school course in American Sign Language. Beginning with the 2008-2009 school year, American Sign Language awarded as a world language credit may be used to satisfy the foreign language credit requirement specified in Section 59-39-100.
(B) The State Department of Education shall determine the required qualifications for teachers of American Sign Language and shall develop academic standards to be approved by the State Board of Education.
(C) Nothing in this section may be construed to require South Carolina four-year colleges or universities to accept courses in American Sign Language to meet the foreign language admissions requirements set by the institution.
(B) The State Board of Education shall establish guidelines on the qualifications needed for those teaching an American Sign Language course and on a recommended course of study to be followed."
(C) The State Board of Education shall establish a task force to assist in the development of the guidelines pursuant to this section. The task force shall consist of nine members as follows:
(1) The President of the South Carolina Association of the Deaf, or his designee;
(2) A parent of a deaf child in a mainstreamed program;
(3) A parent of a deaf child in a residential program who is currently enrolled at the South Carolina School for the Deaf and Blind;
(4) A representative from the foreign language department of a college or university in South Carolina;
(5) The Director of the Interpreter Training Program of Spartanburg Technical College, or his designee;
(6) A representative from the South Carolina School for the Deaf and Blind;
(7) Two instructors of American Sign Language, one of whom must be deaf;
(8) A representative from the State Department of Education.
The task force shall be established within three months of the effective date of this act and shall terminate upon completion of the guidelines. The State Department of Education shall provide the necessary administrative and research support for the task force. Members of the task force shall serve without compensation." /
Renumber sections to conform.
Amend title to conform.
Rep. WALKER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. HALEY moved to adjourn debate upon the following Bill, which was adopted:
S. 1318 (Word version) -- Senators Anderson and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 20 TO CHAPTER 7, TITLE 44 SO AS TO ENACT THE "HOSPITAL INFECTIONS DISCLOSURE ACT" AND TO REQUIRE HOSPITALS AND AMBULATORY SURGICAL FACILITIES TO COLLECT DATA AND SUBMIT REPORTS TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CONCERNING HOSPITAL ACQUIRED INFECTIONS, TO PROVIDE FOR AN ADVISORY COMMITTEE TO ASSIST THE DEPARTMENT IN DEVELOPING THE METHODOLOGY FOR DATA COLLECTION AND ANALYSIS, TO PROVIDE SANCTIONS FOR FAILURE TO COMPLY, TO PROVIDE FOR PATIENT PRIVACY, AND TO PROVIDE FOR PUBLICATION AND AVAILABILITY OF THESE REPORTS TO THE PUBLIC.
Rep. SCOTT moved to adjourn debate upon the following Bill until Thursday, May 25, which was adopted:
S. 1058 (Word version) -- Senators Hutto, Gregory, Hawkins, Campsen, Cleary, Lourie, Alexander, Martin and Short: A BILL TO AMEND SECTION 40-71-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF CERTAIN RECORDS, SO AS TO CLARIFY THAT A FACILITY OR ACTIVITY LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL HAS A DUTY TO REPORT ACCIDENTS AND INCIDENTS PURSUANT TO THE DEPARTMENT'S REGULATIONS; TO AMEND SECTION 44-30-60, RELATING TO THE CONFIDENTIALITY OF INFORMATION ACQUIRED OR PRODUCED BY THE EXPERT REVIEW PANEL, SO AS TO CLARIFY THAT A FACILITY OR ACTIVITY LICENSED BY THE DEPARTMENT HAS A DUTY TO REPORT ACCIDENTS AND INCIDENTS PURSUANT TO THE DEPARTMENT'S REGULATIONS; AND TO AMEND SECTION 44-7-315, RELATING TO DISCLOSURE OF INFORMATION REGARDING A FACILITY OR HOME, SO AS TO CLARIFY THAT THE DEPARTMENT MAY NOT DISCLOSE ACCIDENT OR INCIDENT REPORTS, FACILITY RECORDS, OR COPIES OF FACILITY RECORDS SUBMITTED TO THE DEPARTMENT BY A FACILITY OR ACTIVITY LICENSED OR SUBJECT TO INSPECTION BY THE DEPARTMENT.
The following Bill was taken up:
S. 910 (Word version) -- Senators Knotts, Peeler and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-39 SO AS TO REQUIRE NURSES TO WEAR AN IDENTIFICATION BADGE; TO AMEND SECTION 40-33-32, RELATING TO NURSING LICENSURE REQUIREMENTS, SO AS TO REVISE THE TYPE OF DOCUMENT THAT MUST BE SUBMITTED FOR PROOF OF IDENTITY AND AGE; TO AMEND SECTION 40-33-34, RELATING TO THE SCOPE OF PRACTICE AUTHORIZED FOR VARIOUS LEVELS OF NURSING AND REQUIREMENTS FOR CERTAIN SPECIFIED ACTS OF NURSING, SO AS TO CLARIFY INFORMATION THAT MUST BE PROVIDED BY NURSES WITH PRESCRIPTIVE AUTHORITY WHEN WRITING PRESCRIPTIONS; TO AMEND SECTION 40-33-35, RELATING TO LICENSURE REQUIREMENTS FOR OUT-OF-STATE NURSES, SO AS TO REVISE THE TYPE OF DOCUMENT THAT MUST BE SUBMITTED FOR PROOF OF IDENTITY AND AGE; TO AMEND SECTION 40-33-36, RELATING TO THE ISSUANCE OF NURSING LICENSES, INCLUDING REQUIREMENTS FOR TEMPORARY AND LIMITED LICENSES, SO AS TO ALSO APPLY THESE REQUIREMENTS TO TEMPORARY AND LIMITED LICENSES OF ADVANCED PRACTICE REGISTERED NURSES; TO AMEND SECTION 44-33-40, AS AMENDED, RELATING TO REQUIREMENTS FOR DEMONSTRATING COMPETENCY FOR INITIAL AND RENEWAL LICENSURE, SO AS TO CLARIFY CERTAIN REQUIREMENTS AND TO APPLY CERTAIN OF THESE REQUIREMENTS TO INDIVIDUALS SEEKING REINSTATEMENT OF A LAPSED OR INACTIVE STATUS OR LICENSURE OF A PERSON WHO IS AUTHORIZED TO PRACTICE OUT-OF-STATE; AND TO AMEND SECTION 40-33-190, RELATING TO THE CONFIDENTIALITY OF COMPLAINTS, HEARINGS, AND OTHER MATTERS RELATING TO ALLEGED VIOLATIONS CONCERNING THE LICENSURE AND REGULATION OF NURSES, SO AS TO FURTHER CLARIFY THE CONFIDENTIALITY OF THESE MATTERS.
Reps. G. M. SMITH, WHITE, RUTHERFORD, WEEKS, THOMPSON, M. A. PITTS and SKELTON requested debate on the Bill.
The following Bill was taken up:
S. 217 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2723 SO AS TO REQUIRE ALL GROUP CHILDCARE HOMES AND FAMILY CHILDCARE HOMES THAT DO NOT CARRY LIABILITY INSURANCE TO OBTAIN STATEMENTS FROM EACH PARENT OR GUARDIAN OF A CHILD ENROLLED IN THE CHILDCARE FACILITY INDICATING THAT THE PARENT HAS RECEIVED NOTICE FROM THE FACILITY THAT THE FACILITY DOES NOT CARRY LIABILITY INSURANCE AND TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO INFORM EACH GROUP CHILDCARE HOME AND FAMILY CHILDCARE HOME OF THIS REQUIREMENT.
Rep. HAYES explained the Bill.
Reps. RICE and ALTMAN requested debate on the Bill.
Rep. HAYES continued speaking.
Reps. KENNEDY, G. M. SMITH, WEEKS, HAYES, J. BROWN, MCLEOD, HOSEY, HAMILTON, LEACH, MOODY-LAWRENCE, WHITE and MAHAFFEY requested debate on the Bill.
Rep. G. M. SMITH moved to adjourn debate upon the following Bill until Tuesday, May 30, which was adopted:
S. 881 (Word version) -- Senator Ritchie: A BILL TO AMEND ARTICLES 1 AND 3, CHAPTER 47 OF TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF PHYSICIANS, SURGEONS, AND OSTEOPATHS, SO AS TO PROVIDE FOR THE COMPOSITION OF THE STATE BOARD OF MEDICAL EXAMINERS AND PROVIDE FOR ITS POWERS AND DUTIES; PROVIDE FOR THE MEDICAL DISCIPLINARY COMMISSION, ITS COMPOSITION, POWERS, AND DUTIES; DEFINE CERTAIN TERMS; PROVIDE THAT OSTEOPATHIC PHYSICIANS AND SURGEONS HAVE THE SAME RIGHTS AND PRIVILEGES AS PHYSICIANS AND SURGEONS OF OTHER SCHOOLS OF MEDICINE WITH RESPECT TO CERTAIN CIRCUMSTANCES; PROVIDE THE RESTRICTIONS ON PRACTICING MEDICINE AND PROVIDE FOR LICENSED AND UNLICENSED PERSONS; PROVIDE REQUIREMENTS FOR LIMITED AND TEMPORARY LICENSES; PROVIDE REQUIREMENTS FOR PERMANENT LICENSES AND EXAMINATIONS AN APPLICANT SHALL PASS; PROVIDE BOARD DISCRETION TO ISSUE A PERMANENT LICENSE TO CERTAIN THIRD YEAR RESIDENTS; PROVIDE REQUIREMENTS FOR AN ACADEMIC LICENSE; PROVIDE REQUIREMENTS FOR A SPECIAL VOLUNTEER LICENSE; PROVIDE FOR A LICENSE REGULATING THE PRACTICE OF AN EXPERT MEDICAL WITNESS; PROVIDE CRIMINAL BACKGROUND CHECKS OF NEW APPLICANTS AND LICENSEES UNDER INVESTIGATION OR IN DISCIPLINARY PROCEEDINGS; PROVIDE FOR CONTINUED PROFESSIONAL COMPETENCY OF PHYSICIANS HOLDING PERMANENT LICENSES AND RENEWAL, REINSTATEMENT, AND REACTIVATION OF CERTAIN PERMANENT LICENSES; PROVIDE THE RENEWAL PROCESS FOR CERTAIN LICENSES; PROVIDE THAT A LICENSEE SHALL NOTIFY THE BOARD REGARDING CERTAIN CHANGES AND REGARDING AN ADVERSE DISCIPLINARY ACTION AND PROVIDE EXCEPTIONS; PROVIDE THE PROCEDURE FOR REACTIVATION OF AN INACTIVE LICENSE; PROVIDE THE PROCEDURE FOR LATE RENEWAL OF A LICENSE; PROVIDE THE PROCEDURE FOR REINSTATEMENT OF A LICENSE AFTER SUSPENSION; PROVIDE THAT THE ADMINISTRATIVE LAW COURT SHALL REVIEW CERTAIN ACTIONS OF THE BOARD UPON PETITION OF THE APPLICANT OR LICENSEE; PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL PROVIDE CERTAIN OPERATIONS AND ACTIVITIES TO THE BOARD; PROVIDE FOR THE FEES THE BOARD SHALL CHARGE; PROVIDE FOR RECORD KEEPING OF THE ADMINISTRATOR AND THE BOARD; PROVIDE THAT PRACTITIONERS SHALL CONDUCT THEMSELVES ACCORDING TO THE CODE OF ETHICS ADOPTED BY THE BOARD; PROVIDE THAT THE DEPARTMENT SHALL INVESTIGATE COMPLAINTS AND VIOLATIONS; THE PRESIDING OFFICER OF THE BOARD MAY ADMINISTER OATHS WHEN TAKING TESTIMONY UPON MATTERS PERTAINING TO THE BUSINESS OR DUTIES OF THE BOARD; PROVIDE THAT RESTRAINING ORDERS AND CEASE AND DESIST ORDERS MAY BE ISSUED PURSUANT TO CERTAIN CIRCUMSTANCES; PROVIDE ADDITIONAL GROUNDS FOR DISCIPLINARY ACTION AND DEFINE WHEN A LICENSEE HAS COMMITTED MISCONDUCT; PROVIDE FOR A LICENSEE WHO HAS BEEN ADJUDGED MENTALLY ILL; PROVIDE THE PROCEDURE FOR HOW THE BOARD SHALL REVOKE, SUSPEND, OR RESTRICT A LICENSE OF LIMIT OR DISCIPLINE A LICENSEE WITH THE RIGHT OF REVIEW BY THE ADMINISTRATIVE LAW COURT; PROVIDE THE PROCEDURE FOR WHEN A PERSON HAS ENGAGED IN CONDUCT WHICH SUBVERTS OR ATTEMPTS TO SUBVERT THE SECURITY OR INTEGRITY OF THE LICENSING EXAMINATION PROCESS; PROVIDE FOR DISCIPLINARY PROCEEDINGS WHEN A LICENSEE COMMITS ACTS OR OMISSIONS CAUSING THE DENIAL, CANCELLATION, REVOCATION, SUSPENSION, OR RESTRICTION OF A LICENSE TO PRACTICE IN ANOTHER STATE; PROVIDE THAT, IF A LICENSEE ATTENDS A PATIENT WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, HE IS GUILTY OF A MISDEMEANOR; PROVIDE THAT IT IS UNPROFESSIONAL CONDUCT FOR A LICENSEE TO PRESCRIBE DRUGS TO AN INDIVIDUAL WITHOUT FIRST ESTABLISHING A PROPER PHYSICIAN-PATIENT RELATIONSHIP; PROVIDE FOR SUSPENSION OF REVOCATION OF A LICENSE PURSUANT TO CERTAIN CIRCUMSTANCES; PROVIDE FOR A PROFESSIONAL COMPETENCY, MENTAL, OR PHYSICAL EXAMINATION AND THE CONFIDENTIALITY OF THE EXAMINATION; PROVIDE THE JURISDICTION OF THE BOARD; PROVIDE FOR THE PROCEDURE FOR AN INITIAL COMPLAINT AND AN INVESTIGATION REGARDING PROFESSIONAL MISCONDUCT; PROVIDE FOR WHEN A FORMAL COMPLAINT MUST BE ISSUED, WHEN THERE MUST BE A FORMAL HEARING, THE REPORTING AND NOTIFICATION REQUIREMENTS, THE REVIEW BY THE BOARD, ACTIONS THE BOARD MAY TAKE UPON FINAL REVIEW, AND THE PROCEDURE FOR SERVICE OF NOTICE; PROVIDE FOR WHEN DISCOVERY MAY BE PERMITTED; PROVIDE THE ACTIONS A BOARD MAY TAKE UPON THE DETERMINATION THAT GROUNDS FOR DISCIPLINARY ACTION EXIST AND THE MANNER OF AND PROCEDURE FOR DISCIPLINING THE PERSON COMMITTING THE MISCONDUCT; PROVIDE THAT THE PERSON MAY HAVE TO PAY A FINE AND THE COSTS OF THE DISCIPLINARY ACTION; PROVIDE THAT A PERSON WHOSE LICENSE HAS BEEN PERMANENTLY REVOKED MUST NOT BE READMITTED TO PRACTICE IN THIS STATE; PROVIDE THAT A LICENSEE MAY RELINQUISH AN AUTHORIZATION TO PRACTICE INSTEAD OF FURTHER DISCIPLINARY PROCEEDINGS SUBJECT TO CERTAIN CONDITIONS; PROVIDE FOR FINAL ORDERS OF THE BOARD; PROVIDE THAT DISCIPLINARY ACTIONS ARE SUBJECT TO THE FREEDOM OF INFORMATION ACT; PROVIDE THAT THE BOARD MAY DENY LICENSURE ON THE SAME GROUNDS FOR WHICH THE BOARD MAY TAKE DISCIPLINARY ACTION AGAINST THE PERSON, PROVIDE THAT THE BOARD MAY DENY A LICENSE BASED ON A PERSON'S CRIMINAL RECORD PURSUANT TO CERTAIN CIRCUMSTANCES; PROVIDE THAT A PERSON MAY NOT PRACTICE UNTIL FINAL ACTION IN THE DISCIPLINARY MATTER IF HE VOLUNTARILY SURRENDERS HIS AUTHORIZATION TO PRACTICE WHILE UNDER INVESTIGATION OF A VIOLATION; FINAL DECISION BY THE BOARD MAY BE REVIEWED BY THE ADMINISTRATIVE LAW COURT; PROVIDE THAT A PERSON FOUND IN VIOLATION MAY BE REQUIRED TO PAY COSTS SUBJECT TO COLLECTION AND ENFORCEMENT PROVISIONS; PROVIDE FOR THE CONFIDENTIALITY OF INFORMATION RELATED TO PROCEEDINGS AND CERTAIN COMMUNICATIONS UNTIL FILED; PROVIDE THAT THE DEPARTMENT SHALL PROVIDE WRITTEN ACKNOWLEDGEMENT OF EACH INITIAL COMPLAINT AND NOTIFY THE COMPLAINANT OF THE OUTCOME; PROVIDE A PROCEDURE FOR BREACH OF CONFIDENTIALITY; PROVIDE WHEN A LICENSEE MAY SUPERVISE ANOTHER PRACTITIONER AND THE RESPONSIBILITIES OF THE SUPERVISING PHYSICIAN; PROVIDE PENALTIES FOR UNLAWFUL PRACTICE OF MEDICINE; AND PROVIDE THAT THE DEPARTMENT, IN ADDITION TO INSTITUTING A CRIMINAL PROCEEDING, MAY INSTITUTE A CIVIL ACTION THROUGH THE ADMINISTRATIVE LAW COURT FOR INJUNCTIVE RELIEF AGAINST A PERSON OR ENTITY FOR CERTAIN VIOLATIONS AND PROVIDE A PENALTY.
The following Bill was taken up:
S. 103 (Word version) -- Senators Hayes and Elliott: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO ENACT THE "SOUTH CAROLINA DIETETICS LICENSURE ACT" SO AS TO ESTABLISH THE SOUTH CAROLINA BOARD OF DIETETICS AND TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO PROVIDE FOR THE LICENSURE AND REGULATION OF PERSONS ENGAGING IN THE PRACTICE OF DIETETICS OR NUTRITION, INCLUDING ESTABLISHING CRITERIA FOR LICENSURE AND LICENSE RENEWAL; TO ESTABLISH THE SCOPE OF PRACTICE FOR DIETITIANS; AND TO PROVIDE GROUNDS FOR MISCONDUCT AND PENALTIES FOR MISCONDUCT, INCLUDING CRIMINAL PENALTIES.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12573AC06):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 40 of the 1976 Code is amended by adding:
Section 40-20-5. Unless otherwise provided for in this chapter, Article 1, Chapter 1 applies to dietitians regulated or administered, or both, by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1, the provisions of this chapter control.
Section 40-20-10. This chapter may be cited as the 'South Carolina Dietetics Licensure Act'.
Section 40-20-20. In addition to the definitions pursuant to Article 1, Chapter 1:
(1) 'Dietetics' means the integration and application of dietary principles derived from the science of nutrition, biochemistry, physiology, food, and management and from behavioral and social sciences to achieve and maintain a healthy status. The primary function of dietetic practice is the provision of dietary nutrition care services.
(2) 'Licensed dietitian' means an individual licensed in good standing to practice dietetics pursuant to the provisions of this chapter. For purposes of this chapter, 'dietitian' is synonymous with 'registered dietitian'.
(3) 'Nutrition care services' means any part or all of the following:
(a) assessing the nutritional needs of individuals and groups and determining resources and constraints in the practice setting;
(b) establishing priorities, goals, and objectives that meet nutritional needs and are consistent with available resources and constraints;
(c) providing nutritional counseling in health and disease;
(d) developing, implementing, and managing nutrition care systems;
(e) evaluating, making changes in, and maintaining appropriate standards of quality in food and nutrition services;
(f) transcribing a verbal order into patient records for co-signature by the ordering physician and implementing a physician's written and verbal orders which pertain to the practice of dietetics, if the practice of dietetics is specifically authorized by the medical director and the health care facility where the care is taking place. In the delivery of dietetic home care, this care must be authorized specifically by the physician sponsor;
(g) implementing nutrition related orders under a protocol approved by the medical staff of a licensed health care facility. 'Nutrition care services' does not include the retail sale of food products or vitamins and minerals.
(4) 'Panel' means the Panel for Dietetics under the Department of Labor, Licensing and Regulation.
(5) 'Registered dietitian' means an individual who is registered by the Commission on Dietetic Registration of the American Dietetic Association as a registered dietitian.
Section 40-20-30. It is unlawful for a person not licensed under this chapter, or whose license has been suspended or revoked by the panel, to hold himself or herself out as a dietitian, licensed dietitian, alone or in combination, or use with the letters 'LD' or any facsimile or combination in any words, letters, abbreviations, or insignia. An authorization to practice issued pursuant to this title is valid for up to two years and is renewable on dates as established by the director.
Section 40-20-40. (A) There is created the South Carolina Panel for Dietetics under the administration of the Department of Labor, Licensing and Regulation composed of the following seven members to be appointed by the Governor with the advice and consent of the Senate:
(1) One member shall represent the public at large and must not be a dietitian, an agent or employee of a person engaged in the profession of dietetics, a licensed health care professional, an agent or employee of a health care institution, a health care insurer, or a health care professional school, a member of any allied health care profession, or the spouse of any of these individuals.
(2) One member must be employed by a hospital and recommended by the South Carolina Hospital Association.
(3) Five members must be dietitians licensed to practice in this State and recommended by the South Carolina Dietetic Association:
(a) one must be a professional whose primary practice is clinical dietetics;
(b) one must be a professional whose primary practice is community or public health dietetics;
(c) one must be a professional whose primary practice is consulting in dietetics;
(d) one must be a professional whose primary practice is in management of nutritional services;
(e) one must be an educator on the faculty of a college or university, specializing in the field of dietetics.
(B) Panel members shall serve for terms of two years and until their successors are appointed and qualify. Vacancies must be filled in the manner of the original appointment for the remainder of the unexpired term, and no member may serve more than two full two-year terms consecutively. The Governor may remove a member of the panel in accordance with Section 1-3-240. Members of the panel shall serve without compensation; however, members may receive mileage, subsistence, and per diem as provided by law for members of state boards, commissions, and committees.
Section 40-20-50. (A) The duties of the panel are to advise the department in the development of regulations, statutory revisions, and such other matters as the department may request in regard to the administration of this chapter.
(B) The panel shall also conduct hearings on alleged violations of this chapter and regulations promulgated under this chapter, mediate consumer complaints, where appropriate and possible, and discipline persons licensed under this chapter in any manner provided for in this chapter.
Section 40-20-55. (A) The panel must be administered by the department in accordance with Chapter 1 of Title 40. The department shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities.
(B) Fees must be assessed, collected, and adjusted on behalf of the panel by the department in accordance with this chapter and Section 40-1-50(D).
Section 40-20-60. An applicant for licensure as a dietitian shall file an application provided by the department and demonstrate by acceptable evidence that he or she:
(1) has successfully completed the requirements for current registration as a registered dietitian by the Commission on Dietetic Registration; or
(2) has passed an examination as prescribed by the department and has received a baccalaureate degree or a master's degree in human nutrition, nutrition education, foods and nutrition, public health nutrition, or an equivalent major course of study from a regionally accredited college or university as approved by the department.
Section 40-20-70. An applicant for licensure who has obtained his or her education outside of the United States and its territories must meet the requirements for current registration as a registered dietitian by the Commission on Dietetic Registration.
Section 40-20-80. The panel may recommend additional requirements for license renewal to obtain evidence of a dietitian's continued competency. The department may provide for the late renewal of a license upon payment of a late fee.
(A) A license automatically reverts to inactive status if the licensee fails to timely comply with this subsection and only may be reinstated upon application and payment of any fees and after having met any additional requirements which the department may establish in regulation including, but not limited to, continuing competency requirements.
(B) A license which has been inactive for more than four years automatically expires if the person has not made application for renewal of the license. An expired license is null and void without any further action by the department.
Section 40-20-100. (A) In addition to the provisions pursuant to Section 40-1-110, the panel may revoke or suspend a dietitian's license or impose any other reasonable limitation on a dietitian's practice if the dietitian engages in any of the following conduct and this conduct is likely to endanger the health, welfare, or safety of the public:
(1) using a false, fraudulent, or forged statement or engaging in a fraudulent, deceitful, or dishonest act in connection with any licensure requirement;
(2) having an addiction to alcohol or drugs to such an extent as to render the licensee unfit to practice dietetics;
(3) having been convicted for the illegal or unauthorized practice of dietetics;
(4) knowingly performing any act which in any way assists an unlicensed person to practice dietetics;
(5) having a physical or mental disability that renders further practice by the licensee dangerous to the public;
(6) violating the code of ethics for the profession of dietetics;
(7) engaging in any dishonorable, unethical, or unprofessional conduct that is likely to deceive or harm the public;
(8) using a false or fraudulent statement in any document connected with the practice of dietetics;
(9) intentionally violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any provision of this chapter;
(10) committing an act, during the course of practice conducted pursuant to a license issued under this chapter, that constitutes fraud, dishonest dealing, illegality, incompetence, or gross negligence;
(11) engaging in any activity that is beyond the scope of practice of dietetics as set forth in this chapter.
(B) The suspension or revocation of a dietitian's license or the imposition of probationary conditions upon a dietitian may be recommended by the panel after a hearing is conducted.
Section 40-20-110. This chapter does not apply to:
(1) a student enrolled in an approved academic program in dietetics who is engaging in the practice of dietetics, if the practice constitutes a part of a supervised course of study, and if the student is designated by a title which clearly indicates his status as a student or trainee;
(2) a dietitian who is serving in the Armed Forces or who is employed by any other federal agency and who is engaging in the practice of dietetics if this practice is related to the individual's military service or federal employment;
(3)(a) a person in a licensed healthcare profession providing diet, food, or nutrition information within the scope of his or her practice, except that the person may not represent himself or herself as a 'dietitian';
(b) an employee of a physician or osteopath who works in the private office of and under the direction and supervision of a physician or osteopath, if that employee does not engage in the practice of dietetics or use the titles 'dietitian';
(4) a person who performs the activities and services of a nutrition educator in the employment of a federal, state, county, or municipal agency, or another political subdivision, or a chartered elementary or secondary school or an accredited degree-granting educational institution if these activities and services are part of a salaried position;
(5) an employee of a state agency who is engaging in the practice of dietetics within the discharge of his or her official duties who is authorized to use the title 'dietitian' and who is not registry-eligible or registered currently with the Commission on Dietetic Registration as of July 1, 2006;
(6) a nonresident registered dietitian practicing dietetics in this State for five days without a license or up to thirty days a year with licensure from another state if the requirements for licensure in the other state are substantially equal to the licensure requirements contained in this chapter;
(7) a person marketing or distributing food, food materials, or food supplements or a person who is engaging in an explanation of the use or preparation of these products or a person who is furnishing general nutrition information related to these products in connection with the marketing or distribution of these products, or is providing nutritional counseling in health, if that person does not represent himself or herself as a dietitian;
(8) a person providing weight control services through a program that does not allow program change to be initiated without prior approval by a licensed dietitian and the program has been reviewed by, and consultation is available from, a dietitian licensed in another state, which has licensure requirements at least as stringent as the requirements for licensure under this chapter, or a dietitian registered by the Commission on Dietetic Registration of the American Dietetic Association;
(9) any faith-based promotional health programs; or
(10) any act that can cause the prosecution, restriction, prevention or control of any activity, service or person except in violation of Section 40-20-130.
Section 40-20-120. Nothing in this chapter may be construed to require direct third-party reimbursement to persons licensed under this chapter.
Section 40-20-130. (A) It is unlawful for a person not licensed under this chapter, or whose license has been suspended or revoked by the panel, to hold himself or herself out as a dietitian, licensed dietitian, alone or in combination, or use with the letters 'LD' or any facsimile or combination in any words, letters, abbreviations, or insignia.
(B) A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than three hundred dollars or imprisoned for not more than ninety days, or both."
SECTION 2. This act takes effect July 1, 2006, except Section 40-20-130 which takes effect July 1, 2009./
Renumber sections to conform.
Amend title to conform.
Rep. PARKS explained the amendment.
Rep. KIRSH objected to the Bill.
Reps. WHITE, WEEKS, KENNEDY, J. BROWN, UMPHLETT, COATES, MCGEE, ALTMAN and DUNCAN requested debate on the Bill.
The following Bill was taken up:
S. 142 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 40-47-1210 OF THE 1976 CODE, RELATING TO DEFINITIONS USED IN THE ANESTHESIOLOGIST'S ASSISTANCE PRACTICE ACT, TO CHANGE THE DEFINITIONS OF "ANESTHESIOLOGIST" AND "SUPERVISING ANESTHESIOLOGIST" BY ADDING THE AMERICAN OSTEOPATHIC ASSOCIATION AS A RECOGNIZED ENTITY FOR APPROVAL OF ANESTHESIOLOGY PROGRAMS; TO AMEND SECTION 40-47-1240, RELATING TO THE LICENSURE OF ANESTHESIOLOGIST'S ASSISTANTS, TO ALLOW A BOARD DESIGNEE TO REVIEW AN APPLICANT'S QUALIFICATIONS; TO AMEND SECTION 40-47-1245, RELATING TO THE PROTOCOL AN ANESTHESIOLOGIST SHALL ADOPT WHEN ACTING AS A SUPERVISING ANESTHESIOLOGIST, TO CHANGE THE TERM TO A SPONSORING ANESTHESIOLOGIST; TO AMEND SECTION 40-47-1250, RELATING TO SUPERVISION OF ANESTHESIOLOGIST'S ASSISTANTS, TO CHANGE THE NUMBER OF ASSISTANTS AN ANESTHESIOLOGIST MAY SUPERVISE FROM TWO TO FOUR; TO AMEND SECTION 40-47-1275, RELATING TO THE PROCEDURE REQUIRED WHEN THE RELATIONSHIP BETWEEN AN ANESTHESIOLOGIST'S ASSISTANT AND A SUPERVISING ANESTHESIOLOGIST IS TERMINATED, TO CHANGE THE TERM TO A SPONSORING ANESTHESIOLOGIST; AND TO AMEND SECTION 40-47-1295, RELATING TO FEES FOR ANESTHESIOLOGIST'S ASSISTANTS, TO CHANGE THE NAME OF A SUPERVISOR FEE TO A SUPERVISOR SPONSOR FEE.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12572AC06), which was tabled:
Amend the bill, as and if amended, Section 40-47-1250, page 3, line 8 by deleting /two/ and inserting /two three/. So when amended Section 40-47-1250 reads:
/ "Section 40-47-1250. An anesthesiologist's assistant shall practice only under the supervision of a physician who is actively and directly engaged in the clinical practice of medicine and meets the definition of being a sponsoring supervising anesthesiologist. An anesthesiologist may not supervise more than two three anesthesiologist's assistants at any one time."/
Renumber sections to conform.
Amend title to conform.
Rep. BANNISTER explained the amendment.
Rep. NORMAN spoke in favor of the amendment.
Rep. HAYES moved to table the amendment, which was agreed to by a division vote of 50 to 19.
The Bill was read second time and ordered to third reading.
On motion of Rep. SINCLAIR, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Judiciary:
S. 1363 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 35-1-405 OF THE 1976 CODE, RELATING TO THE S.C. UNIFORM SECURITIES ACT OF 2005, FEDERAL COVERED INVESTMENT ADVISER NOTICE FILING REQUIREMENTS, SO AS TO PROVIDE THE CORRECT CITATION; AND TO AMEND SECTION 35-1-702, RELATING TO FEES, SO AS TO PROVIDE THAT THE CORRECT FEE FOR A BROKER-DEALER RENEWAL IS ONE HUNDRED TEN DOLLARS.
On motion of Rep. TOOLE, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Judiciary:
S. 1333 (Word version) -- Senator McConnell: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE COMMISSION FOR MINORITY AFFAIRS RELATING TO STATE RECOGNITION OF NATIVE AMERICAN INDIANS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3043, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. COBB-HUNTER asked unanimous consent to recall S. 1427 (Word version) from the Committee on Ways and Means.
Rep. HARDWICK objected.
Rep. KIRSH asked unanimous consent to recall H. 5050 (Word version) from the Committee on Education and Public Works.
Rep. VIERS objected.
Rep. WHIPPER asked unanimous consent to recall H. 5020 (Word version) from the Committee on Judiciary.
Rep. LEACH objected.
Rep. CATO asked unanimous consent to recall S. 792 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. G. M. SMITH objected.
Rep. SANDIFER asked unanimous consent to recall S. 1422 (Word version) from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. OTT objected.
Rep. SINCLAIR moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 5234 (Word version) -- Reps. Breeland, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, G. Brown, J. 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, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, 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, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE MOST WORSHIPFUL GRAND MASTER, THE HONORABLE ALONZO HAYNES, OF CHARLESTON COUNTY, FOR HIS EXCEPTIONAL LEADERSHIP AND SERVICE TO THE COMMUNITY, AND TO COMMEND HIM FOR ALL OF HIS GREAT ACCOMPLISHMENTS AS PART OF HIS EXTENSIVE INVOLVEMENT IN THE COMMUNITY.
The Resolution was adopted.
The following Bill was taken up:
S. 1318 (Word version) -- Senators Anderson and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 20 TO CHAPTER 7, TITLE 44 SO AS TO ENACT THE "HOSPITAL INFECTIONS DISCLOSURE ACT" AND TO REQUIRE HOSPITALS AND AMBULATORY SURGICAL FACILITIES TO COLLECT DATA AND SUBMIT REPORTS TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CONCERNING HOSPITAL ACQUIRED INFECTIONS, TO PROVIDE FOR AN ADVISORY COMMITTEE TO ASSIST THE DEPARTMENT IN DEVELOPING THE METHODOLOGY FOR DATA COLLECTION AND ANALYSIS, TO PROVIDE SANCTIONS FOR FAILURE TO COMPLY, TO PROVIDE FOR PATIENT PRIVACY, AND TO PROVIDE FOR PUBLICATION AND AVAILABILITY OF THESE REPORTS TO THE PUBLIC.
Rep. BRANHAM explained the Bill.
Rep. ALTMAN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Ballentine Bannister Barfield Battle Bowers Brady Branham Breeland J. Brown R. Brown 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 Harrison Harvin Haskins Hayes Herbkersman Hinson Hodges Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Leach Littlejohn Loftis Lucas Mahaffey Martin McCraw McLeod Merrill Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Umphlett Vaughn Vick Viers Walker Weeks Whipper White Whitmire Young
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
S. 1032 (Word version) -- Senator Lourie: A BILL TO AMEND SECTION 44-63-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DELAYED BIRTH CERTIFICATES, SO AS TO FURTHER SPECIFY THE PROCEDURES FOR OBTAINING A COURT-ORDERED BIRTH CERTIFICATE, INCLUDING REQUIRING ATTACHMENT OF A CERTIFICATION TO THE PETITION FROM THE STATE REGISTRAR OF VITAL STATISTICS STATING THAT NO BIRTH RECORD HAS BEEN LOCATED AND ADDITIONAL INFORMATION REQUIRED TO BE INCLUDED IN THE ORDER ESTABLISHING THE RECORD OF BIRTH.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12580AC06):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 44-63-165 of the 1976 Code is amended to read:
"Section 44-63-165. A certificate must be prepared for a child born out of wedlock in this State to include the name of the father upon receipt of a sworn acknowledgment of paternity signed by both parents to include the surname by which the child is to be known. However, if the reputed father or the mother is deceased, if another man is shown as the father of the child on the original birth certificate or if the original birth certificate states that the mother was married, a new certificate may be prepared only when a determination of paternity has been determined or acknowledged is made by the Family Court pursuant to Title 20, Chapter 7, Article 9, subarticle 4, Section 20-7-952 et seq. A paternity acknowledgment must be provided to the State Department of Social Services from the appropriate state agency upon request at no charge for the purpose of establishing a child support obligation and otherwise a paternity acknowledgment is not subject to inspection except upon order of the Family Court." /
Renumber sections to conform.
Amend title to conform.
Rep. BRANHAM explained the amendment.
Reps. G. M. SMITH, WHITE, CLEMMONS, UMPHLETT, LEACH, RUTHERFORD and WEEKS requested debate on the Bill.
The following Bill was taken up:
S. 1243 (Word version) -- Senators Rankin, Bryant, Peeler, Setzler, Knotts, Land, Williams, Cromer, Hutto, Elliott, Scott, Richardson, Ritchie, Short, Thomas and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-32-260 SO AS TO PROVIDE FOR THE PREPARATION AND SUPERVISION OF THE CLOSING DOCUMENTS AND THE CLOSING OF A PURCHASE AND SALE OF AN INTEREST IN A VACATION TIME SHARING PLAN, AND TO EXEMPT THE TRANSACTION FROM THE ATTORNEY PREFERENCE REQUIREMENT IN THE CONSUMER PROTECTION CODE IF THE CLOSING DOCUMENTS CONTAIN A CONSPICUOUS DISCLOSURE TO A PARTY TO A PURCHASE AND SALE OF AN INTEREST IN A VACATION TIME SHARING PLAN OF THE NEED TO UNDERSTAND HIS RIGHTS AND OBLIGATIONS PURSUANT TO THE CLOSING DOCUMENTS; AND TO AMEND SECTION 27-32-10, AS AMENDED, RELATING TO DEFINITIONS IN CONNECTION WITH A VACATION TIME SHARING PLAN, SO AS TO REVISE THE DEFINITION OF "CONTRACT".
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\18515MM06), which was adopted:
Amend the bill, as and if amended, Section 27-32-410(A) as found in SECTION 1, by deleting Section 27-32-410(A) in its entirety and inserting:
/ Section 27-32-410. (A) The time share closing is hereby considered to occur after the last of the following events: (i) the deed and other applicable instruments are submitted for recordation, (ii) six months after the execution of an installment sales contract, if applicable, or (iii) the closing date specified in the executed documents. The documents conveying rights and interests in time share real property must not be presented to a time share purchaser before the closing of an interest in a vacation time sharing plan in this State unless the form of the document is prepared under the supervision of an attorney licensed in this State who is not an employee of the seller of the timeshare interest. An attorney licensed in this State who is not an employee of the seller of the timeshare interest shall supervise the time share closing of a sale of an interest in a vacation time sharing plan located in this State by: (i) supervising the examination of title to the interest, (ii) physically reviewing before closing the executed transaction documents including, but not limited to, the following, as applicable: the deed, installment sales contract, mortgage, and promissory note, and (iii) supervising the recording of all instruments involved in the time share closing. /
Amend the bill further, Section 27-32-410(B) as found in SECTION 1, by deleting the first undesignated paragraph in its entirety and inserting:
/ (B) Notwithstanding any other provision of law, the documents conveying rights and interests in time share real property must be accompanied by a conspicuous notice delivered to the purchaser at or before the time of the execution of the purchase contract for an interest in a vacation time sharing plan, which notice may be included in the purchase contract or in a separate document, substantially in the following form and in conspicuous type (meaning bold type in upper and lower case letters [but in no event in all upper case letters] two point sizes larger than the largest nonconspicuous type, exclusive of headings, on the page on which it appears but in at least 10-point type), which was adopted: /
Renumber sections to conform.
Amend title to conform.
Rep. DELLENEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
I would like the record to reflect that I abstained from the vote giving second reading on S. 1243.
Rep. Alan Clemmons
The following Bill was taken up:
S. 66 (Word version) -- Senators Short, Ford, Lourie, Cleary, Malloy and Ryberg: A BILL TO AMEND SECTIONS 44-61-120, AS AMENDED, 44-61-130, AS AMENDED, AND 44-61-330 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO EMERGENCY MEDICAL SERVICES, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO INCLUDE GUIDELINES FOR THE ADMINISTRATION OF EPINEPHRINE IN A COMPREHENSIVE STATEWIDE EMERGENCY MEDICAL SERVICES PLAN; TO AUTHORIZE EMERGENCY MEDICAL TECHNICIANS TO POSSESS EPINEPHRINE; AND TO REQUIRE GUIDELINES FOR THE ADMINISTRATION OF EPINEPHRINE TO A CHILD SUFFERING FROM A SEVERE ALLERGIC REACTION.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12597AC06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 44-61-120 of the 1976 Code, as last amended by Act 271 of 2004, is further amended to read:
"Section 44-61-120. The department shall develop a comprehensive statewide emergency medical services plan to implement and ensure the delivery of adequate emergency medical services to every citizen. This plan must include guidelines for basic, intermediate, and paramedic emergency medical technicians for the administration of epinephrine to a person suffering or believed to be suffering from anaphylaxis."
SECTION 2. Section 44-61-130 of the 1976 Code, as last amended by Act 271 of 2004, is further amended to read:
"Section 44-61-130. A duly certified emergency medical technician may perform any function consistent with his certification, according to such rules guidelines and regulations as that the board may prescribe. Emergency medical technicians, trained to provide advanced life support and possessing current Department of Health and Environmental Control certification while on duty with a licensed service, are authorized to possess limited quantities of drugs, including controlled substances, as may be approved by the Department of Health and Environmental Control for administration to patients during the regular course of duties of such emergency medical technicians, pursuant to the written or verbal order of a physician possessing a valid license to practice medicine within in this State provided such; however the physician is must be registered under the pursuant to state and federal laws pertaining to controlled substances."
SECTION 3. Section 44-61-330 of the 1976 Code is amended to read:
"Section 44-61-330. (A) The EMSC Program shall must include, but is not limited to, the establishment of:
(1) initial and continuing education programs for emergency medical services personnel that include training in the emergency care of infants and children;
(2) guidelines for referring children to the appropriate emergency treatment facility;
(3) pediatric equipment guidelines for pre-hospital care;
(4) guidelines for basic, intermediate, and paramedic emergency medical technician certification for administering epinephrine to children suffering from a severe allergic reaction;
(5) pediatric equipment guidelines for emergency departments;
(5)(6) guidelines for pediatric trauma centers;
(6)(7) an interhospital transfer system for critically ill or injured children;
(7)(8) in conjunction with the South Carolina Data Oversight Council, the collection and analysis of statewide pediatric emergency and critical care medical services data from emergency and critical care medical services for the purpose of quality improvement by these facilities and services, subject to the confidentiality requirements of Section 44-61-350;
(8)(9) injury prevention programs for parents; and
(9)(10) public education programs on accessing the emergency medical services system and what to do until the emergency medical services personnel arrive.
(B) In gathering statewide pediatric emergency and critical care medical services data, the department shall rely upon, to the extent possible, data from existing sources; however, the department may contact families and physicians for the purpose of gathering additional data and providing information on available public and private resources. Information requested from a physician's office must be obtained pursuant to Chapter 115. Patient contact following data received from the State Budget and Control Board Office of Research and Statistics must be done conducted in accordance with regulations approved by the South Carolina Data Oversight Council and promulgated by the Office of Research and Statistics."
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. G. R. SMITH 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:
S. 1046 (Word version) -- Senator O'Dell: A BILL TO AMEND SECTION 44-29-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DIRECT AND SUPERVISE VACCINATION, SCREENING, AND IMMUNIZATION, SO AS TO AUTHORIZE THE DEPARTMENT TO ESTABLISH AN IMMUNIZATION REGISTRY.
Rep. HALEY proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\12617AC06):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 44-29-40 of the 1976 Code is amended to read:
"Section 44-29-40. (A) The Department of Health and Environmental Control shall have has general direction and supervision of vaccination, screening, and immunization in this State in regard to contagious diseases, and the department is authorized to establish an immunization registry. All persons required to be immunized pursuant to Section 44-29-180 must be enrolled on the registry unless a specific exemption is requested by the person or the person's parent or guardian if the person is eighteen years of age or younger.
(B) The Department of Health and Environmental Control shall have the authority to may promulgate rules and regulations concerning vaccination, screening, and immunization requirements, including reporting requirements for an immunization registry."
SECTION 2. Chapter 29, Title 44 of the 1976 Code is amended by adding:
"Section 44-29-185. (A) Each public or private educational institution of higher learning shall provide immunization information to each student upon initial entry to the institution.
(B) Immunization information must include all vaccinations recommended for routine administration for persons aged nineteen years of age or older according to the current year's 'Recommended Adult Immunization Schedule, United States' annually published by the United States Department of Health and Human Services, Centers for Disease Control and Prevention.
(C) Immunization information must be contained on student health forms provided to each entering student by the educational institution and must include space for the student to indicate whether or not the student has received the recommended vaccinations.
(D) The educational institution may require certain or all recommended vaccinations as part of its admission policy.
However, the institution's admission policy must allow an exemption from required vaccinations due to a medical contraindication or religious practice.
(E) This section must not be construed to require the educational institution to provide these vaccinations to students.
(F) This section does not apply if the Centers for Disease Control and Prevention no longer recommend these vaccinations."
SECTION 3. Section 59-101-290 of the 1976 Code is repealed./
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. HALEY explained the amendment.
Rep. LOFTIS moved to adjourn debate on the Bill until Tuesday, May 30, which was agreed to.
The SPEAKER granted Rep. SINCLAIR a leave of absence for the remainder of the day.
The following Bill was taken up:
S. 1165 (Word version) -- Senator Land: A BILL TO AMEND SECTION 56-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL RESTRICTED DRIVER'S LICENSES TO MINORS BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE RESTRICTIONS PLACED ON A DRIVER WHO IS ISSUED THIS LICENSE MAY BE MODIFIED OR WAIVED IF THE LICENSEE PROVES TO THE DEPARTMENT THAT THE RESTRICTIONS INTERFERE WITH TRAVEL BETWEEN THE LICENSEE'S HOME AND PLACE OF WORSHIP.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6917CM06), which was adopted:
Amend the bill, as and if amended, Section 56-1-180(B)(1)(b), as contained in SECTION 1, by deleting lines 30 and 31 and inserting:
/employment, or school, or church related activities; or" /
When amended Section 56-1-180(B)(1)(b) shall read:
/ "(b) travel between the licensee's home and place of employment, or school, or church related activities; or" /
Renumber sections to conform.
Amend title to conform.
Rep. OWENS explained the amendment.
Rep. UMPHLETT moved to adjourn debate on the Bill until Tuesday, May 30.
Rep. OWENS moved to table the motion, which was agreed to.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. CLEMMONS asked unanimous consent to recall S. 1138 (Word version) from the Committee on Judiciary.
Rep. COBB-HUNTER objected.
Rep. PERRY asked unanimous consent to recall S. 1427 (Word version) from the Committee on Ways and Means.
Rep. HARDWICK objected.
Rep. J. H. NEAL asked unanimous consent to recall H. 3659 (Word version) from the Committee on Ways and Means.
Rep. ALTMAN objected.
Rep. CATO asked unanimous consent to recall S. 792 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. COBB-HUNTER objected.
Rep. WHIPPER asked unanimous consent to recall H. 5020 (Word version) from the Committee on Judiciary.
Rep. VIERS objected.
Rep. KIRSH asked unanimous consent to recall H. 5050 (Word version) from the Committee on Education and Public Works.
Rep. WHITE objected.
Rep. COOPER moved that the House recur to the Morning Hour, which was agreed to.
The following was received:
Columbia, S.C., May 24, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 4671:
H. 4671 (Word version) -- Reps. G. M. Smith, Delleney and Harrison: A BILL TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS THAT AN ADMINISTRATIVE LAW JUDGE SHALL PRESIDE OVER, SO AS TO DELETE THE PROVISION THAT EXCLUDES CERTAIN MOTOR VEHICLE RELATED HEARINGS AND PROCEEDINGS, TO PROVIDE THAT THE CLERK OF THE ADMINISTRATIVE LAW COURT MUST FILE A CERTIFIED COPY OF A FINAL ORDER WITH A CLERK OF THE CIRCUIT COURT UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THIS ORDER HAS THE SAME EFFECT AS A JUDGMENT OF THE COURT; TO AMEND SECTION 1-23-660, AS AMENDED, RELATING TO THE ADMINISTRATIVE LAW COURT DIVISION OF MOTOR VEHICLE HEARINGS, SO AS TO GIVE THE CHIEF JUDGE OF THE ADMINISTRATIVE LAW COURT THE AUTHORITY TO PROMULGATE RULES GOVERNING THE PRACTICE AND PROCEDURES BEFORE THE DIVISION WHICH ARE SUBJECT TO REVIEW BY THE SUPREME COURT; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN THE PROVISIONS RELATING TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE DEFINITIONS FOR CERTAIN TERMS THAT RELATE TO THE DIVISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-1-370, RELATING TO THE REVIEW OF THE CANCELLATION, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE, SO AS TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT OF MOTOR VEHICLES TO CONDUCT THE REVIEW AND PROVIDE THAT THE DIVISION OF MOTOR VEHICLE HEARINGS SHALL CONDUCT THESE PROCEEDINGS; TO AMEND SECTION 56-1-410, RELATING TO THE JUDICIAL REVIEW OF A DEPARTMENT OF MOTOR VEHICLES ORDER THAT CANCELS, SUSPENDS, OR REVOKES A DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES, SO AS TO DELETE THE PROVISIONS THAT RELATE TO THE REVIEW OF A DECISION OF THE DEPARTMENT OF MOTOR VEHICLES AND TO PROVIDE FOR THE REVIEW OF A DECISION ISSUED BY A HEARING OFFICER OF THE DECISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-1-1030, RELATING TO THE REVOCATION OF THE DRIVER'S LICENSE OF A HABITUAL OFFENDER, SO AS TO PROVIDE THAT A REVOCATION PROCEEDING MUST BE CONDUCTED BEFORE THE DIVISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-1-1090, RELATING TO THE ISSUANCE OF A LICENSE TO A HABITUAL OFFENDER, SO AS TO DELETE THE TERMS "DEPARTMENT OF MOTOR VEHICLES" AND "MAGISTRATE" AND SUBSTITUTE THEM FOR THE TERMS "HEARING OFFICER" AND "ADMINISTRATIVE LAW JUDGE", AND TO PROVIDE THAT A PETITION TO OBTAIN A DRIVER'S LICENSE PURSUANT TO THIS PROVISION MUST BE FILED WITH THE DIVISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-5-2951, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR HIS REFUSAL TO SUBMIT TO TESTING FOR CERTAIN LEVELS OF ALCOHOL CONCENTRATION, SO AS TO PROVIDE THAT ADMINISTRATIVE HEARINGS THAT ARE CONDUCTED PURSUANT TO THIS PROVISION MUST BE CONDUCTED BY A HEARING OFFICER OF THE DIVISION OF MOTOR VEHICLE HEARINGS AND REVIEWED BY THE ADMINISTRATIVE LAW COURT, AND TO PROVIDE THAT THE ARRESTING LAW ENFORCEMENT OFFICER OR DATA MASTER OPERATOR IS A PARTY OF RECORD IN ALL HEARINGS CONDUCTED PURSUANT TO THIS SECTION; TO AMEND SECTION 56-9-363, RELATING TO AN ADMINISTRATIVE HEARING TO CHALLENGE THE SUSPENSION OF A DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT THE HEARING MUST BE CONDUCTED BEFORE THE DIVISION OF MOTOR VEHICLE HEARINGS WITH APPEALS FILED WITH THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 56-15-350, RELATING TO THE DENIAL, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE BY THE DEPARTMENT OF MOTOR VEHICLES UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT A LICENSEE MAY HAVE THIS DECISION REVIEWED BY THE DIVISION OF MOTOR VEHICLE HEARINGS; AND TO REPEAL SECTION 56-5-2952, RELATING TO THE FILING FEE FOR AN ADMINISTRATIVE HEARING; AND TO REPEAL SECTION 56-9-320, RELATING TO JUDICIAL REVIEW OF ORDERS OR ACTS OF THE DEPARTMENT OF MOTOR VEHICLES.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 24, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 991:
S. 991 (Word version) -- Senators Ryberg, Land and Moore: A BILL TO AMEND SECTION 34-21-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SECURING OF FUNDS RECEIVED OR HELD IN TRUST BY A BANK OR TRUST COMPANY, SO AS TO FURTHER PROVIDE FOR ACCEPTABLE FORMS OF SECURITY.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The Senate sent to the House the following:
S. 1444 (Word version) -- Senator Thomas: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE J. L. MANN HIGH SCHOOL GIRLS LACROSSE TEAM FOR WINNING THE STATE LACROSSE CHAMPIONSHIP AND TO EXTEND BEST WISHES TO EACH OF THESE OUTSTANDING YOUNG WOMEN IN ALL THEIR FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1449 (Word version) -- Senator Verdin: A CONCURRENT RESOLUTION TO COMMEND MR. TOMMY GENE POWELL OF LAURENS COUNTY FOR HIS DISTINGUISHED MILITARY SERVICE AS A MARINE IN VIETNAM WHERE HE SUSTAINED PAINFUL DISABILITIES, AND TO HONOR HIM FOR A PRODUCTIVE AND FULFILLING ADULT LIFE AS A SINGLE PARENT NOTWITHSTANDING THESE DISABILITIES.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bill was taken up:
S. 1231 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONTAINED IN THE PROVISIONS RELATING TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO REVISE THE DEFINITIONS OF THE TERMS "STATE", "CONVICTION", AND "LOW SPEED VEHICLES", AND TO PROVIDE A DEFINITION FOR THE TERM "HOME JURISDICTION"; TO AMEND SECTION 56-1-640, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES' POLICY OF REPORTING A CONVICTION OF A PERSON FROM ANOTHER STATE TO THE APPROPRIATE AUTHORITY OF HIS HOME STATE, SO AS TO MAKE TECHNICAL CHANGES, AND TO PROVIDE THAT A CONVICTION OF A PERSON FROM CANADA OR MEXICO THAT OCCURS IN THIS STATE SHALL BE REPORTED TO THE PERSON'S HOME COUNTRY; TO AMEND SECTION 56-1-747, RELATING TO THE DEFINITION OF THE TERM "CONVICTION", SO AS TO DELETE A REFERENCE TO ITS DEFINITION CONTAINED IN SECTION 56-1-2030; TO AMEND SECTION 56-1-790, RELATING TO THE RECORDING OF MOTOR VEHICLE CONVICTIONS OF RESIDENTS OF SOUTH CAROLINA THAT OCCUR IN OUT OF STATE JURISDICTIONS, SO AS TO PROVIDE THAT CERTAIN OUT OF STATE CONVICTIONS MUST NOT BE RECORDED ON THE PERSON'S DRIVING RECORD IN THIS STATE FOR HISTORICAL PURPOSES; TO AMEND SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN THE SOUTH CAROLINA COMMERCIAL DRIVER'S LICENSE ACT, SO AS TO DELETE THE DEFINITION OF THE TERM "CONVICTION", AND TO REVISE THE DEFINITION OF THE TERM "HAZARDOUS MATERIALS"; TO AMEND SECTION 56-1-2100, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER'S LICENSE, SO AS TO REVISE THE DESCRIPTION OF A VEHICLE THAT REQUIRES A DRIVER TO POSSESS A CLASS C COMMERCIAL DRIVER'S LICENSE; AND TO REPEAL SECTIONS 56-1-630, 56-1-710, AND 56-1-1310, RELATING TO THE DEFINITIONS OF TERMS CONTAINED IN THE DRIVER LICENSE COMPACT, THE DEFINITION OF THE TERM 'CONVICTION' AS IT RELATES TO THE POINT SYSTEM FOR EVALUATING OPERATING RECORDS OF DRIVERS, AND THE DEFINITION OF THE TERM "CONVICTED" AS IT RELATES TO THE ISSUANCE OF PROVISIONAL DRIVER'S LICENSES.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6923CM06):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Section 56-1-10 of the 1976 Code, as last amended by Act 170 of 2005, is further amended to read:
"Section 56-1-10. For the purpose of this title, unless otherwise indicated, the following words, phrases, and terms are defined as follows:
(1) 'Driver' means every person who drives or is in actual physical control of a vehicle.
(2) 'Operator' means every person who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle.
(3) 'Owner' means a person, other than a lienholder, having the property or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security.
(4) 'Department' means the Department of Motor Vehicles when the term refers to the duties, functions, and responsibilities of the former Motor Vehicle Division of the Department of Public Safety and means the Department of Public Safety otherwise and in Section 56-3-840.
(5) 'State' means a state, territory, or possession of the United States and, the District of Columbia, or the Commonwealth of Puerto Rico.
(6) 'Highway' means the entire width between the boundary lines of every way publicly maintained when any part of it is open to the use of the public for purposes of vehicular travel.
(7) 'Motor vehicle' means every vehicle which is self-propelled, except 'moped' as defined in Article 9 of this chapter, and every vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails.
(8) 'Motorcycle' means every motor vehicle having no more than two permanent functional wheels in contact with the ground or trailer and having a saddle for the use of the rider, but excluding a tractor.
(9) 'Nonresident' means every person who is not a resident of this State.
(10) 'Nonresident's operating privilege' means the privilege conferred upon a nonresident by the laws of this State pertaining to the operation by the person of a motor vehicle, or the use of a vehicle owned by the person, in this State.
(11) 'Conviction' includes the entry of any plea of guilty, the entry of any plea of nolo contendere, and the forfeiture of any bail or collateral deposited to secure a defendant's appearance in court an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or another jurisdiction's administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court costs, or a determination of a violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.
(12) 'Cancellation of driver's license' means the annulment or termination by formal action of the Department of Motor Vehicles of a person's driver's license because of some error or defect in the license or because the licensee is no longer entitled to the license; the cancellation of a license is without prejudice, and application for a new license may be made at any time after the cancellation.
(13) 'Revocation of driver's license' means the termination by formal action of the Department of Motor Vehicles of a person's driver's license or privilege to operate a motor vehicle on the public highways, which privilege to operate is not subject to renewal or restoration, except that an application for a new license may be presented and acted upon by the department.
(14) 'Suspension of driver's license' means the temporary withdrawal by formal action of the Department of Motor Vehicles of a person's driver's license or privilege to operate a motor vehicle on the public highways, which temporary withdrawal shall be as specifically designated.
(15) 'Automotive three-wheel vehicle' means every motor vehicle having no more than three permanent functional wheels in contact with the ground, having a bench seat for the use of the operator, and having an automotive type steering device, but excluding a tractor or motorcycle three-wheel vehicle.
(16) 'Alcohol' means a substance containing any form of alcohol including, but not limited to, ethanol, methanol, propanol, and isopropanol.
(17) 'Alcohol concentration' means:
(a) the number of grams of alcohol for each one hundred milliliters of blood by weight; or
(b) as determined by the South Carolina Law Enforcement Division for other bodily fluids.
(18) 'Motorcycle three-wheel vehicle' means every motor vehicle having no more than three permanent functional wheels in contact with the ground to include motorcycles with detachable side cars, having a saddle type seat for the operator, and having handlebars or a motorcycle type steering device but excluding a tractor or automotive three-wheel vehicle.
(19) 'Low speed vehicle' or 'LSV' means a four-wheeled motor vehicle, other than an all terrain vehicle, whose speed attainable in one mile is more than twenty miles an hour and not more than twenty-five miles an hour on a paved level surface, and whose GVWR is less than three thousand pounds.
(20) 'All terrain vehicle' or 'ATV' means a motor vehicle measuring fifty inches or less in width, designed to travel on three or more wheels and designed primarily for off-road recreational use, but not including farm tractors or equipment, construction equipment, forestry vehicles, or lawn and grounds maintenance vehicles.
(21) 'Operator' or 'driver' means a person who is in actual physical control of a motor vehicle upon a highway.
(22) 'Person' means every natural person, firm, partnership, trust, company, firm, association, or corporation. Where the term 'person' is used in connection with the registration of a motor vehicle, it includes any corporation, association, partnership, trust, company, firm, or other aggregation of individuals which owns or controls the motor vehicle as actual owner, or for the purpose of sale or for renting, as agent, salesperson, or otherwise.
(23) 'Home jurisdiction' means the jurisdiction which has issued and has the power to suspend or revoke the use of the license or permit to operate a motor vehicle."
SECTION 2. Section 56-1-640 of the 1976 Code is amended to read:
"Section 56-1-640. The Department of Motor Vehicles shall report each conviction of a person from another party state, Canada, or Mexico occurring within South Carolina to the licensing authority of the home state jurisdiction of the licensee. The report shall clearly identify the person convicted, describe the violation specifying the section of the statute or ordinance violated, identify the court in which action was taken, indicate whether a plea of guilty or not guilty was entered or the conviction was a result of the forfeiture of bail, bond, or other security, and include any special findings."
SECTION 3. Section 56-1-747 of the 1976 Code is amended to read:
"Section 56-1-747. For purposes of Section 56-1-746 a conviction is defined as provided in Section 56-1-2030 and includes being adjudicated under juvenile proceedings."
SECTION 4. Section 56-1-790 of the 1976 Code is amended to read:
"Section 56-1-790. (A) The Department of Motor Vehicles may enter into a reciprocal agreement with the proper agency of any other state for the purpose of reporting convictions in one state by a person holding a driver's license in the other state. Such convictions Convictions in another state of a violation therein which, if committed in this State, would be a violation of the traffic laws of this State, may be recorded against a driver the same as if the conviction had been made in the courts of this State. When a resident of this State has been convicted of a motor vehicle violation in another state for which there is no corresponding offense in this State, excluding the offenses listed in Section 56-1-650(A), the conviction must not be recorded on the person's driving record in this State for historical purposes.
(B) Guilty pleas, failure to respond to charges or convictions by courts-martial or post or base commanders of any of the various branches of the Armed Forces of the United States or by a United States Commissioner of a violation either on or off government property which, if committed in this State, would be a violation of the laws of this State, may, in the discretion of the department, be recorded against a driver the same as if the plea of guilty, forfeiture of bond, or conviction had been made in the courts of this State."
SECTION 5. Section 56-1-2030 of the 1976 Code, as last amended by Act 42 of 2005, is further amended to read:
"Section 56-1-2030. As used in this article:
(1) 'Commercial driver's license' means a license issued in accordance with the requirements of the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99-570) to an individual which authorizes the individual to drive a class of commercial motor vehicle.
(2) 'Commercial Driver's License Information System' means the information system established pursuant to the Commercial Motor Vehicle Safety Act of 1986 to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers.
(3) 'Commercial driver's instruction permit' means a permit issued pursuant to Section 56-1-2080(D) of this article.
(4) 'Commercial motor vehicle' means a motor vehicle designed or used to transport passengers or property if the vehicle:
(a) has a gross vehicle weight rating of twenty-six thousand one or more pounds;
(b) is designed to transport sixteen or more persons, including the driver; or
(c) is transporting hazardous materials and is required to be placarded in accordance with 49 CFR Part 172, subpart F.
(5) 'CMVSA' means the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99-570).
(6) 'Controlled substance' means a substance classified under Section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)) listed on Schedules I through V of 21 CFR Part 1308, as revised.
(7) 'Conviction' means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.
(8) 'Disqualification' means a withdrawal of the privilege to drive a commercial motor vehicle.
(9)(8) 'Drive' means to drive, operate, or be in physical control of a motor vehicle.
(10)(9) 'Driver' means a person who drives a commercial motor vehicle or who is required to hold a commercial driver's license.
(11)(10) 'Driver's license' means a license issued to an individual which authorizes the individual to drive a motor vehicle.
(12)(11) 'Employer' means a person, including the United States, a state, or a political subdivision of a state who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle.
(13)(12) 'Endorsement' means a special authorization to drive certain types of vehicles or to transport certain types of property or a certain number of passengers.
(14)(13) 'Felony' means an offense under state or federal law that is punishable by death or imprisonment for more than one year.
(15)(14) 'Foreign jurisdiction' means a jurisdiction other than a state of the United States.
(16)(15) 'Gross vehicle weight rating' means the weight or the value specified by the manufacturer as the maximum loaded weight of a single or a combination vehicle. The gross vehicle weight rating of a combination vehicle (commonly referred to as the 'gross combination weight rating') is the gross vehicle weight rating of the power unit plus the gross vehicle weight rating of a towed unit.
(17)(16) 'Hazardous materials' has the meaning as that found in Section 103 of the Hazardous Materials Transportation Act (49 U.S.C. 1801, et seq.) means any material that has been designated as hazardous under 49 CFR 383.5 and 49 USC 5103 and is required to be placarded under subpart F of 49 CFR Part 172 or any quantity of a material listed as a select agent or toxin in 42 CFR Part 73.
(18)(17) 'Motor vehicle' means a vehicle which is self- propelled and a vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails, except a vehicle moved solely by human power and motorized wheelchairs.
(19)(18) 'Out-of-service order' means declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican, or local jurisdiction that a person, a commercial motor vehicle, or a motor carrier operation is out of service pursuant to 49 CFR Sections 386.72, 390.5, 392.5, 395.13, 396.9, or compatible laws, or the North American Uniform Out-of-Service Criteria. For purposes of this article, regulations requiring disqualifications for violations of out-of-service orders affect all vehicles with a gross combination weight rating or gross vehicle weight rating greater than 10,000 pounds, as contained in 49 CFR Sections 383, 390.5, and 393 of the Federal Motor Carrier Regulations.
(20)(19) 'Recreational vehicle' means a self-propelled or towed vehicle that is equipped to serve as temporary living quarters for recreational, camping, or travel purposes and is used solely as a family/personal conveyance.
(21)(20) 'Restriction' means a prohibition against driving certain types of vehicles or a requirement that the driver comply with certain conditions when driving a motor vehicle.
(22)(21) 'Serious traffic violation' means a conviction when operating a motor vehicle of:
(a) excessive speeding, involving a single charge for a speed fifteen miles an hour or more above the speed limit;
(b) reckless driving, including charges of driving a commercial motor vehicle in a wilful or wanton disregard for the safety of persons or property;
(c) improper or erratic traffic lane changes;
(d) following the vehicle ahead too closely;
(e) a violation of a state or local law related to motor vehicle traffic control, other than a parking violation, arising in connection with an accident or collision resulting in death or serious bodily injury to a person;
(f) driving a commercial motor vehicle without obtaining a commercial driver's license;
(g) driving a commercial motor vehicle without a commercial driver's license in the driver's possession. A person who provides proof to the law enforcement authority that issued the citation, by the date the individual must appear in court or pay any fine for the violation, that the individual held a valid commercial driver's license on the date the citation was issued, is not guilty of this offense; or
(h) driving a commercial motor vehicle without the proper class of commercial driver's license, or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported, or both.
(23)(22) 'School bus' means a commercial motor vehicle used to transport pre-primary, primary, or secondary students from home to school, from school to home, or to and from school-sponsored events. School bus does not include a bus used as a common carrier.
(24)(23) 'State' means a state or territory of the United States and the District of Columbia and the federal government and a province or territory of Canada.
(25)(24) 'Tank vehicle' means a commercial motor vehicle that is designed to transport a liquid or gaseous material within a tank that either is attached permanently or temporarily to the vehicle or its chassis. These vehicles include, but are not limited to, cargo tanks and portable tanks as defined in 49 CFR Part 171. This definition does not include portable tanks having a rated capacity under one thousand gallons.
(26)(25) 'United States' means the fifty states and the District of Columbia.
(27)(26) 'Farm related vehicle' means a vehicle used:
(a) in custom harvester operations;
(b) in livestock feeding operations; or
(c) by an agri-chemical business or a company which hauls agri-chemical products to a farm.
(28)(27) 'Seasonal restricted commercial driver's license' means a commercial driver's license issued under the authority of the waiver promulgated by the Federal Department of Transportation (57 Federal Register 13650) by the department to an individual who has not passed the knowledge or skill test required of other commercial driver's license holders. This license authorizes operation of a commercial motor vehicle only on a seasonal basis, stated on the license, by a seasonal employee of a custom harvester, livestock feeder, agri-chemical operation, and company hauling agri-chemical products to a farm within one hundred fifty miles of the place of business.
(29)(28) 'Traffic violation' means the offenses contained in 49 CFR 383.51(d) regarding driving disqualifications for violating railroad-highway grade crossing violations."
SECTION 6. Section 56-1-2100(B)(1)(c) of the 1976 Code is amended to read:
"(c) Class C: A single vehicle, or combination of vehicles, that are not Class A or B vehicles but either designed to transport 16 sixteen or more passengers including the driver, or are required to be placarded for hazardous materials under 49 CFR, Part 172, subpart F."
SECTION 7. Section 56-1-2005 of the 1976 Code, as added by Act 42 of 2005, is amended to read:
"Section 56-1-2005. The South Carolina Department of Motor Vehicles shall must administer the South Carolina Commercial Driver's License Program in accordance with the Federal Motor Carrier Safety Regulations. The rules adopted by and regulations promulgated by the United States Department of Transportation (USDOT) relating to safety of operation and to equipment (49 CFR Parts 380, 382-385, and 390-399 and amendments thereto) and the rules adopted by and regulations promulgated by the USDOT relating to hazardous material (49 CFR Parts 171-180 and amendments thereto) must be adopted and enforced in South Carolina."
SECTION 8. Section 56-1-430 of the 1976 Code is amended to read:
"Section 56-1-430. Upon conviction of an offense making mandatory the suspension or revocation of the driver's license of the person so convicted, an appeal taken from such the conviction shall act acts as a supersedeas so as to preclude for a period of sixty days from the date of conviction, any such a suspension or revocation until a final order is issued by a court of this State having jurisdiction over the matter. A final order is one which no further appeal may be or has been taken. In an appeal involving an offense making mandatory the suspension or revocation of the driver's license of the convicted person, an appellate court must provide notice to the department of a final ruling."
SECTION 9. Sections 56-1-630, 56-1-710, and 56-1-1310 are repealed.
SECTION 10. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 11. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. OWENS explained the amendment.
Rep. OWENS moved to adjourn debate on the Bill until Tuesday, May 30, which was agreed to.
Rep. HARRISON moved to adjourn debate upon the following Joint Resolution until Thursday, May 25, which was adopted:
H. 5197 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION FOR MINORITY AFFAIRS, RELATING TO STATE RECOGNITION OF NATIVE AMERICAN INDIANS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3043, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up:
S. 1261 (Word version) -- Senators Verdin, Knotts, Mescher, Alexander, Grooms, Bryant, Peeler, Campsen, Leatherman, McConnell and Ryberg: A BILL TO AMEND SECTION 23-31-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO DEFINE "QUALIFIED NON-RESIDENT"; AND TO AMEND SECTION 23-31-215, RELATING TO THE ISSUANCE OF PERMITS OF CONCEALABLE WEAPONS PERMITS, SO AS TO PROVIDE THAT SLED MUST ISSUE A PERMIT TO CARRY A CONCEALABLE WEAPON TO A RESIDENT OR QUALIFIED NON-RESIDENT UPON PROPER APPLICATION.
Rep. M. A. PITTS proposed the following Amendment No. 3 (Doc Name COUNCIL\SWB\6932CM06), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTIONS:
/ SECTION __. Section 23-31-520 of the 1976 Code is amended to read:
"Section 23-31-520. This article does not affect the authority of any county, municipality, or political subdivision to regulate the careless or negligent discharge or public brandishment of firearms, nor does it prevent the regulation of the use, sale, transportation, or public brandishment of firearms during the times of or a demonstrated potential for insurrection, invasions, riots, or natural disasters. This article denies any county, municipality, or political subdivision the power to confiscate a firearm or ammunition unless incident to an arrest or a courtesy summons to appear."
SECTION __. Section 23-31-215(I) of the 1976 Code, as added by Act 464 of 1996, is amended to read:
"(I) SLED must maintain a list of all permit holders and the current status of each permit. Upon request, SLED must may release the list of permit holders or verify an individual's permit status only if the request is to aid in an official law enforcement investigation. SLED may charge a fee not to exceed its costs in releasing the information under this subsection." /
Renumber sections to conform.
Amend title to conform.
Rep. M. A. PITTS explained the amendment.
The amendment was then adopted.
Rep. M. A. PITTS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Ballentine Bannister Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis 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 Hinson Hodges Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Leach Littlejohn Loftis Lucas Mack Mahaffey McCraw McGee McLeod Merrill Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers Rutherford Sandifer Scarborough Scott Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Stewart Taylor Thompson Toole Tripp Umphlett Vaughn Vick Viers Walker Weeks Whipper White Whitmire Young
Those who voted in the negative are:
Sinclair
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. Sinclair was granted leave from the House at 5:00 p.m. for the rest of today and was not in the Chamber for the roll call vote on S. 1261. A page inadvertently pressed his voting button and he was mistakenly recorded as voting "no".
Rep. Robert W. Harrell, Jr.
The following Bill was taken up:
H. 3753 (Word version) -- Reps. Duncan, M. A. Pitts, Taylor, Altman, Hamilton, Hosey, Limehouse, Littlejohn and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-165 SO AS TO PROHIBIT A HOSPITAL THAT RECEIVES STATE FUNDS, INCLUDING MEDICAID FUNDS, TO PROVIDE NONREIMBURSABLE, NONEMERGENCY HEALTHCARE SERVICES TO AN ILLEGAL ALIEN UNLESS THAT PERSON PROVIDES PAYMENT FOR THESE SERVICES.
Reps. COBB-HUNTER, RUTHERFORD, KENNEDY, BRANHAM, DUNCAN, PERRY, HASKINS, RHOAD, R. BROWN, WHIPPER, JENNINGS, RIVERS, AGNEW, FUNDERBURK, OTT, J. BROWN, HOSEY, J. H. NEAL, MCLEOD, CLYBURN, JEFFERSON, MOODY-LAWRENCE, EMORY, BREELAND and MACK requested debate on the Bill.
Rep. CLYBURN moved to adjourn debate upon the following Bill until Thursday, May 25, which was adopted:
H. 4894 (Word version) -- Reps. Clyburn, Young, Cotty, Govan, Merrill, Davenport, Kennedy, Mitchell, J. H. Neal, Moody-Lawrence, Haskins, Allen, Mack, Hodges, W. D. Smith, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Delleney, Duncan, Edge, Frye, Funderburk, Hagood, Hamilton, Hardwick, Harrison, Herbkersman, J. Hines, Hinson, Hosey, Howard, Huggins, Jefferson, Leach, Limehouse, Mahaffey, Martin, McCraw, McGee, McLeod, Miller, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rutherford, Scarborough, Scott, Sinclair, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Talley, Taylor, Toole, Townsend, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, White, Whitmire, Witherspoon and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-1600 SO AS TO PROVIDE THAT A SCHOOL THAT HAS RECEIVED AN UNSATISFACTORY ACADEMIC PERFORMANCE RATING ON ITS MOST RECENT REPORT CARD SHALL OFFER AND PARENTS SHALL ATTEND AN ORIENTATION CLASS ON CERTAIN SCHOOL ISSUES.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 601 (Word version) -- Senators Fair, Knotts, Thomas, Verdin, Cromer, O'Dell, Hayes, Land, Bryant, McGill and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14, TITLE 24 SO AS TO CREATE THE SOUTH CAROLINA PAROLE AND PARDON AUTHORITY, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES, INCLUDING TO PROVIDE THAT DECISIONS OF THE BOARD MUST BE RENDERED BY FIVE-MEMBER PANELS AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 1-3-240, AS AMENDED, RELATING TO REMOVAL OF GUBERNATORIAL APPOINTEES FROM OFFICE, SO AS TO CONFORM THIS SECTION TO THE PROVISIONS OF THIS ACT; TO AMEND SUBARTICLE 17, ARTICLE 30, CHAPTER 7, TITLE 20, RELATING TO JUVENILE PAROLE AND AFTER CARE, SO AS TO PROVIDE THAT THE SOUTH CAROLINA PAROLE AND PARDON AUTHORITY SHALL DETERMINE THE RELEASE OF JUVENILE OFFENDERS WHO HAVE COMMITTED CLASS A, B, C, AND D FELONIES AND OTHER ENUMERATED OFFENSES, TO PROVIDE THAT THE DEPARTMENT OF JUVENILE JUSTICE SHALL DETERMINE THE RELEASE OF JUVENILES WHO HAVE COMMITTED STATUS OFFENSES, AND OTHER OFFENSES NOT UNDER THE PURVIEW OF THE SOUTH CAROLINA PARDON AND PAROLE AUTHORITY, AND TO TRANSFER THE REMAINING POWERS AND DUTIES OF THE JUVENILE PAROLE BOARD TO THE SOUTH CAROLINA PAROLE AND PARDON AUTHORITY; TO AMEND SECTIONS 20-7-6910 AND 20-7-7810 AND 20-7-7815, BOTH AS AMENDED, AND 20-7-8025, ALL RELATING TO PROVISIONS CONTAINING REFERENCES TO THE JUVENILE PAROLE BOARD, SO AS TO CONFORM THESE PROVISIONS TO THE PROVISIONS OF THIS ACT; TO ADD SECTION 20-7-8522 SO AS TO PROVIDE THAT JUVENILE RECORDS MUST BE PROVIDED TO THE SOUTH CAROLINA PAROLE AND PARDON AUTHORITY FOR CONSIDERATION OF RELEASE FOR AN ADULT OFFENDER WHO HAD A JUVENILE RECORD; TO AMEND ARTICLE 1, CHAPTER 21, TITLE 24, RELATING TO THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO TRANSFER THE POWERS AND DUTIES OF THIS BOARD TO THE SOUTH CAROLINA PAROLE AND PARDON AUTHORITY; TO AMEND ARTICLES 7 AND 11 OF CHAPTER 21, TITLE 24, RELATING TO PROCEDURES AND REQUIREMENTS FOR PAROLE AND PARDON, SO AS TO CONFORM PROVISIONS IN THESE ARTICLES TO THE PROVISIONS OF THIS ACT; TO AMEND SECTIONS 24-13-1520, 24-21-220, 24-21-221, 24-21-280, 24-21-300, 24-21-480, 24-21-540, ALL AS AMENDED, SECTIONS 24-22-30, 24-22-40, AND 24-23-30, ALL RELATING TO VARIOUS PROVISIONS CONCERNING THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO CONFORM THESE PROVISIONS TO THE PROVISIONS OF THIS ACT; TO AMEND SECTIONS 44-48-30, 44-48-40, AND 44-48-50, ALL AS AMENDED, AND ALL RELATING TO PROVISIONS CONTAINING REFERENCES TO THE JUVENILE PAROLE BOARD AND THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO CONFORM THESE PROVISIONS TO THE PROVISIONS OF THIS ACT; AND TO REPEAL SUBARTICLE 5, ARTICLE 30, CHAPTER 7, TITLE 20, RELATING TO THE JUVENILE PAROLE BOARD.
Rep. G. M. SMITH explained the Bill.
Upon the withdrawal of requests for debate by Reps. G. M. SMITH, WEEKS and CLEMMONS, the following Bill was taken up:
S. 1032 (Word version) -- Senator Lourie: A BILL TO AMEND SECTION 44-63-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DELAYED BIRTH CERTIFICATES, SO AS TO FURTHER SPECIFY THE PROCEDURES FOR OBTAINING A COURT-ORDERED BIRTH CERTIFICATE, INCLUDING REQUIRING ATTACHMENT OF A CERTIFICATION TO THE PETITION FROM THE STATE REGISTRAR OF VITAL STATISTICS STATING THAT NO BIRTH RECORD HAS BEEN LOCATED AND ADDITIONAL INFORMATION REQUIRED TO BE INCLUDED IN THE ORDER ESTABLISHING THE RECORD OF BIRTH.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12580AC06), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 44-63-165 of the 1976 Code is amended to read:
"Section 44-63-165. A certificate must be prepared for a child born out of wedlock in this State to include the name of the father upon receipt of a sworn acknowledgment of paternity signed by both parents to include the surname by which the child is to be known. However, if the reputed father or the mother is deceased, if another man is shown as the father of the child on the original birth certificate or if the original birth certificate states that the mother was married, a new certificate may be prepared only when a determination of paternity has been determined or acknowledged is made by the Family Court pursuant to Title 20, Chapter 7, Article 9, subarticle 4, Section 20-7-952 et seq. A paternity acknowledgment must be provided to the State Department of Social Services from the appropriate state agency upon request at no charge for the purpose of establishing a child support obligation and otherwise a paternity acknowledgment is not subject to inspection except upon order of the Family Court." /
Renumber sections to conform.
Amend title to conform.
Rep. BRANHAM explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. COOPER, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:
S. 1245 (Word version) -- Senators Thomas, Fair, Cromer, Ritchie, Anderson, Verdin, Setzler, Ryberg and Knotts: A BILL TO AMEND SECTIONS 12-6-3360, AS AMENDED, 12-6-3410, AS AMENDED, AND 12-6-3420, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO THE TARGETED JOBS TAX CREDIT, THE INCOME TAX CREDIT FOR ESTABLISHING OR ADDING TO A CORPORATE HEADQUARTERS IN THIS STATE, AND THE TAX CREDIT ALLOWED A CORPORATION FOR CONSTRUCTION OR IMPROVEMENT OF AN INFRASTRUCTURE PROJECT, SO AS TO ALLOW THESE CREDITS TO BE CLAIMED AGAINST THE BANK TAX AND TO MAKE CONFORMING AMENDMENTS.
Rep. J. H. NEAL asked unanimous consent to recall H. 4849 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. DUNCAN objected.
Rep. CATO asked unanimous consent to recall S. 792 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. HOWARD objected.
Rep. WHIPPER asked unanimous consent to recall H. 5020 (Word version) from the Committee on Judiciary.
Rep. DUNCAN objected.
Rep. CLEMMONS asked unanimous consent to recall S. 1138 (Word version) from the Committee on Judiciary.
Rep. RUTHERFORD objected.
On motion of Rep. HOWARD, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry:
S. 792 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-90-485 SO AS TO PROVIDE THAT THE CREATION OF A PROTECTED CELL DOES NOT CREATE A LEGAL PERSON SEPARATE FROM A SPECIAL PURPOSE FINANCIAL CAPTIVE (SPFC); BY ADDING SECTION 38-90-515 SO AS TO PROVIDE THAT SECURITIES ISSUED BY A SPFC PURSUANT TO INSURANCE SECURITIZATION MAY NOT BE CONSIDERED TO BE INSURANCE OR INSURANCE CONTRACTS; TO AMEND SECTION 38-13-400, RELATING TO THE REPORT REQUIRED TO BE FILED DISCLOSING MATERIAL ACQUISITIONS AND DISPOSITIONS OF ASSETS OR MATERIAL NONRENEWALS, CANCELLATIONS, OR REVISIONS OF CEDED REINSURANCE; TO AMEND SECTION 38-13-410, RELATING TO REPORTING AN INSURER'S ACQUISITIONS OR DISPOSITIONS OF ASSETS, SO AS TO ADD HEALTH MAINTENANCE ORGANIZATIONS TO THE REPORTING REQUIREMENTS; TO AMEND SECTION 38-13-420, RELATING TO REPORTING NONRENEWALS, CANCELLATIONS, OR REVISIONS OF CEDED REINSURANCE AGREEMENTS, SO AS TO ADD HEALTH MAINTENANCE ORGANIZATIONS TO THE REPORTING REQUIREMENTS; TO AMEND SECTION 38-71-880, AS AMENDED, RELATING TO MEDICAL AND SURGICAL BENEFITS AND MENTAL BENEFITS COVERAGE, SO AS TO CHANGE THE DATE FOR THE APPLICABILITY OF BENEFITS FOR SERVICES FURNISHED; TO AMEND SECTION 38-71-1410, RELATING TO THE SOUTH CAROLINA SMALL EMPLOYER INSURER REINSURANCE PROGRAM, SO AS TO ESTABLISH CODE REFERENCES FOR SELECTING A LICENSED ADMINISTRATOR INSTEAD OF AN ADMINISTERING INSURER; TO AMEND SECTION 38-73-220, RELATING TO THE APPROVAL PROCESS FOR INSURANCE RATE LEVEL CHANGES, SO AS TO CHANGE CODE REFERENCES FROM THE ARTICLE TO THE CHAPTER; TO AMEND SECTION 38-73-240, RELATING TO RATE FILINGS WHERE THE LINE OF INSURANCE IS DECLARED COMPETITIVE, SO AS TO CHANGE CODE REFERENCES FROM ARTICLE TO CHAPTER; TO AMEND SECTION 38-73-260, RELATING TO THE APPROVAL PROCESS FOR INSURANCE RATE LEVEL CHANGES, SO AS TO CHANGE CODE REFERENCES FROM ARTICLE TO CHAPTER; TO AMEND SECTION 38-73-270, RELATING TO THE CONSUMER INFORMATION SYSTEM FOR VARIOUS TYPES OF INSURANCE COVERAGE, SO AS TO CHANGE CODE REFERENCES FROM ARTICLE TO CHAPTER; TO AMEND SECTION 38-74-30, AS AMENDED, RELATING TO ELIGIBILITY FOR COVERAGE UNDER THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO FURTHER DEFINE COVERAGE FOR AN INDIVIDUAL UNDER THE AGE OF SIXTY-FIVE; TO AMEND SECTION 38-74-60, AS AMENDED, RELATING TO COVERAGE UNDER THE POOL'S MAJOR EXPENSE PROVISIONS, SO AS TO PROVIDE MEDICARE SUPPLEMENTAL HEALTH INSURANCE COVERAGE TO AN INDIVIDUAL FOR REASONS OTHER THAN AGE; TO AMEND SECTION 38-77-530, RELATING TO THE PLAN OF OPERATION OF THE REINSURANCE FACILITY, SO AS TO AUTHORIZE THE GOVERNING BOARD OF THE FACILITY TO DECLARE AN ASSESSMENT ON INSURERS; TO AMEND SECTION 38-77-580, RELATING TO THE GOVERNING BOARD OF THE REINSURANCE FACILITY, SO AS TO CHANGE THE COMPOSITION OF THE BOARD; TO AMEND SECTION 38-90-40, AS AMENDED, RELATING TO CAPITALIZATION AND SECURITY REQUIREMENTS FOR A CAPTIVE INSURANCE COMPANY, SO AS TO AUTHORIZE THE DIRECTOR OF INSURANCE TO ISSUE A LICENSE TO A CAPTIVE INSURANCE COMPANY IF THE COMPANY PROVIDES THE DIRECTOR WITH EVIDENCE OF MINIMUM REQUIRED UNIMPAIRED PAID-IN CAPITAL; TO AMEND SECTION 38-90-50, AS AMENDED, RELATING TO FREE SURPLUS REQUIREMENTS FOR A CAPTIVE INSURANCE COMPANY, SO AS TO AUTHORIZE THE DIRECTOR OF INSURANCE TO ISSUE A LICENSE TO A CAPTIVE INSURANCE COMPANY CONDITIONED ON EVIDENCE OF MINIMUM REQUIRED FREE SURPLUS; TO AMEND SECTION 38-90-100, AS AMENDED, RELATING TO APPLICABILITY OF INVESTMENT REQUIREMENTS FOR AN ASSOCIATION CAPTIVE INSURANCE COMPANY AND AN INDUSTRIAL INSURED CAPTIVE INSURANCE COMPANY, SO AS TO CHANGE A REFERENCE FROM AN INDUSTRIAL INSURED CAPTIVE INSURANCE COMPANY TO A CAPTIVE INSURANCE COMPANY AND ADD A REFERENCE TO A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 38-90-140, AS AMENDED, RELATING TO THE TAX REQUIRED TO BE PAID TO THE DEPARTMENT OF INSURANCE BY A CAPTIVE INSURANCE COMPANY, SO AS TO CLARIFY ON WHAT THE TAX IS PAYABLE AND ESTABLISH A MAXIMUM TAX; TO AMEND SECTION 38-90-175, RELATING TO THE CAPTIVE INSURANCE REGULATORY AND SUPERVISION FUND, SO AS TO INCREASE FROM TEN TO TWENTY PERCENT THE AMOUNT OF FUNDS THE DEPARTMENT OF INSURANCE SHALL TRANSFER INTO THE FUND; TO AMEND SECTION 38-90-420, RELATING TO DEFINITIONS USED REGARDING SPECIAL PURPOSE FINANCIAL CAPTIVE INSURANCE COMPANIES, SO AS TO ADD THE DEFINITIONS OF "ADMINISTRATIVE LAW COURT", "CONTESTED CASE", AND "THIRD PARTY", AND CHANGE THE DEFINITION OF "INSOLVENCY"; TO AMEND SECTION 38-90-430, RELATING TO THE RELATIONSHIP OF ARTICLE 3, CHAPTER 90, TITLE 38 (SPECIAL PURPOSE FINANCIAL CAPTIVES) TO OTHER TITLE 38 PROVISIONS, SO AS TO ADD A REFERENCE TO A SPFC'S PROTECTED CELL; TO AMEND SECTION 38-90-440, RELATING TO THE REQUIREMENTS OF A SPFC TO TRANSACT BUSINESS IN THIS STATE, SO AS TO CHANGE AND ADD CERTAIN REQUIREMENTS; TO AMEND SECTION 38-90-450, RELATING TO ORGANIZATIONAL REQUIREMENTS OF A SPFC, SO AS TO DELETE THE REQUIREMENT THAT CAPITAL STOCK OF A SPFC MUST BE ISSUED AT NOT LESS THAN PAR VALUE; TO AMEND SECTION 38-90-480, RELATING TO THE ESTABLISHMENT OF PROTECTED CELLS BY A SPFC, SO AS TO CHANGE THE PROCEDURE FOR ESTABLISHING PROTECTED CELLS; TO AMEND SECTION 38-90-550, RELATING TO A MATERIAL CHANGE OF A SPFC'S PLAN OF OPERATION, SO AS TO REQUIRE A STATEMENT OF OPERATIONS BE FILED IF APPROVED OR REQUIRED RATHER THAN REQUESTED BY THE DIRECTOR OF INSURANCE; TO AMEND SECTION 38-90-570, RELATING TO THE EXPIRATION OF AUTHORITY GRANTED BY THE DIRECTOR OF INSURANCE ON CESSATION OF BUSINESS, SO AS TO AUTHORIZE THAT THE DIRECTOR SUSPEND OR REVOKE THE LICENSE OF A SPFC FOR FAILURE TO MEET THE PROVISIONS OF SECTION 38-90-480(D); TO AMEND SECTION 38-90-600, RELATING TO THE AUTHORITY OF THE DIRECTOR OF INSURANCE TO PETITION THE CIRCUIT COURT FOR AN ORDER TO CONSERVE, REHABILITATE, OR LIQUIDATE A SPFC DOMICILED IN THIS STATE FOR CERTAIN GROUNDS, SO AS TO ADD ADDITIONAL GROUNDS; TO AMEND SECTION 38-90-620, RELATING TO STANDARDS AND CRITERIA APPLICABLE IN A CONTESTED CASE BROUGHT BY A THIRD PARTY BASED ON THE DECISION OF THE DIRECTOR OF INSURANCE INVOLVING A SPFC, SO AS TO MODIFY THE STANDARDS AND CRITERIA; TO AMEND ACT 154 OF 1997, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SO AS TO DELAY THE REPEAL OF ARTICLE 5, CHAPTER 77, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, FROM JANUARY 1, 2006 TO JANUARY 1, 2010; AND TO AMEND ACT 291 OF 2004, RELATING TO VARIOUS AMENDMENTS TO THE INSURANCE LAW, SO AS TO DELAY THE EFFECTIVE DATE OF SECTION 38-43-106(H) OF THE 1976 CODE FROM MAY 1, 2006 TO MAY 1, 2010.
Rep. NORMAN asked unanimous consent to recall H. 5050 (Word version) from the Committee on Education and Public Works.
Rep. COOPER objected.
The Senate amendments to the following Bill were taken up for consideration:
H. 3665 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA BILL OF RIGHTS DAY" BY ADDING SECTION 53-3-166 SO TO ESTABLISH DECEMBER FIFTEENTH OF EACH YEAR AS BILL OF RIGHTS DAY, AND TO ENCOURAGE ALL GOVERNMENTAL BODIES TO OBSERVE THE ANNUAL BILL OF RIGHTS DAY IN A MANNER THAT EMPHASIZES THE DOCUMENT'S MEANING AND IMPORTANCE.
Rep. ALTMAN moved to adjourn debate upon the Senate Amendments until Thursday, May 25, which was agreed to.
The motion period was dispensed with on motion of Rep. ALTMAN.
The following Bill was taken up:
H. 3343 (Word version) -- Reps. Hagood, Cotty, Harrison, Limehouse, Loftis, McLeod, Townsend, Merrill, Herbkersman, Pinson, Altman, Barfield, Battle, Branham, G. Brown, Ceips, Coleman, Davenport, Funderburk, Mack, McGee, Miller, J. H. Neal, Ott, Rivers, Scarborough, J. E. Smith, W. D. Smith, Young and Hodges: A BILL TO AMEND CHAPTER 22, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRETRIAL INTERVENTION PROGRAM BY DESIGNATING THE EXISTING SECTIONS AS ARTICLE 1 AND BY ADDING ARTICLE 3 SO AS TO CREATE THE TRAFFIC DIVERSION PROGRAM, TO PROVIDE THAT EACH SOLICITOR HAS THE AUTHORITY TO ESTABLISH A PROGRAM FOR PERSONS WHO COMMIT TRAFFIC-RELATED OFFENSES PUNISHABLE BY A FINE OR LOSS OF POINTS, TO PROVIDE THAT THE APPROPRIATE MUNICIPALITY OR COUNTY IS AUTHORIZED TO CREATE A PROGRAM WITH THE APPROVAL OF THE SOLICITOR, AND TO PROVIDE PROCEDURES FOR THE OPERATION OF A PROGRAM AND REQUIREMENTS FOR PERSONS DESIRING TO ENTER A PROGRAM.
Rep. WALKER moved to commit the Bill to the Committee on Labor, Commerce and Industry.
Rep. HAGOOD moved to table the motion.
Rep. WALKER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Bailey Bales Ballentine Bannister Barfield Brady G. Brown R. Brown Ceips Chalk Clark Clemmons Clyburn Cotty Delleney Edge Emory Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrell Harrison Harvin Hayes Hinson Hodges Hosey Howard Jefferson Jennings Kirsh Lucas Mack McGee McLeod Merrill Mitchell Moody-Lawrence Neilson Ott Owens Parks E. H. Pitts Rivers Rutherford Simrill Skelton G. M. Smith J. R. Smith Stewart Thompson Toole Vick Viers Weeks Whipper Whitmire Young
Those who voted in the negative are:
Anthony Battle Bingham Bowers J. Brown Cato Chellis Cooper Dantzler Davenport Haskins Huggins Leach Littlejohn Mahaffey McCraw Norman Perry Pinson Rhoad Rice Sandifer Scarborough Scott D. C. Smith G. R. Smith Taylor Tripp Umphlett Vaughn Walker White
So, the motion to commit the Bill was tabled.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7406AHB06), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 2 in its entirety, page 1, beginning on line 30, and inserting:
/ SECTION 2. Chapter 22, Title 17 of the 1976 Code is amended by adding:
Section 17-22-300. This article may be cited as the 'Traffic Diversion Program Act'.
Section 17-22-310. (A) Each circuit solicitor has the prosecutorial discretion as defined in this chapter and shall as a matter of prosecutorial discretion establish a traffic diversion program in the respective circuits for persons who commit traffic-related offenses that are punishable only by a fine and loss of four points or less.
(B) The circuit solicitors are specifically endowed with and retain all discretionary powers pursuant to the common law.
(C) A traffic diversion program must be under the direct supervision and control of the circuit solicitor; however, the solicitor may contract for services with a county or municipality in the circuit.
(D) The South Carolina Commission on Prosecution Coordination shall oversee administrative procedures for the traffic diversion programs.
(E) A traffic diversion program must include a community service or an educational component, or both.
Section 17-22-320. (A) A person may be considered for a traffic diversion program if he has no prior traffic-related offenses on his record. A person may not participate in a traffic diversion program more than once.
(B) A person's participation in a traffic diversion program does not prevent his participation in a pretrial intervention program pursuant to the provisions and conditions of Article 1.
Section 17-22-330. (A) When a person successfully completes a traffic diversion program, the circuit solicitor shall effect a noncriminal disposition, as defined in this chapter, of the traffic-related offense, and there must be no record maintained of the traffic-related offense except by the appropriate traffic diversion program in order to ensure that a person does not benefit from the provisions of this article more than once.
(B) If applicable, the person may apply to the court for an order to destroy all official records relating to his arrest.
(C) If a person violates the conditions of a traffic diversion program, then the person may be terminated from the program and the traffic-related offense reinstated by the circuit solicitor in the appropriate municipality or county.
Section 17-22-340. Each circuit solicitor may establish an Office of Traffic Diversion Program Coordinator whose responsibility is to assist in the establishment and maintenance of the traffic diversion program.
Section 17-22-350. (A) A person shall pay a nonrefundable one hundred forty-dollar fee to apply for a traffic diversion program that cannot be reduced or suspended. Additionally, a person shall pay a nonrefundable fee, not to exceed one hundred forty dollars, to participate in a traffic diversion program. Participation in a traffic diversion program may not be denied due to a person's inability to pay. If a person is deemed unable to pay, both the application fee and the participation fee must be waived.
(B) For offenses that would have been otherwise tried in magistrate's court, the circuit solicitor shall retain the participation fees to support the traffic diversion program. The application fees must be remitted to the county treasurer. The county treasurer shall remit 9.17 percent of the revenue from the application fees to the county to be used for the purposes set forth in Section 14-1-207(D) and remit the balance of the revenue from the application fees to the State Treasurer's Office on a monthly basis, by the fifteenth day of each month, and make reports on a form and in a manner prescribed by the State Treasurer. Fees paid in installments must be remitted as received. The State Treasurer shall deposit the amounts received as follows:
(1) 23.62 percent to the Department of Probation, Parole and Pardon Services;
(2) 15.12 percent to the Department of Public Safety;
(3) .44 percent to the Department of Public Safety's South Carolina Law Enforcement Officers Hall of Fame;
(4) 13.73 percent to the State Office of Victim Assistance;
(5) 6.01 percent to the General Fund;
(6) 10.79 percent to the Office of Indigent Defense;
(7) 1.34 percent to the Attorney General's Office;
(8) .90 percent to the Department of Juvenile Justice Arbitration Program;
(9) .81 percent to the Department of Juvenile Justice Marine Institutes;
(10) .90 percent to the Department of Juvenile Justice Regional Status Offender Program;
(11) 3.95 percent to the Department of Juvenile Justice Coastal Evaluation Center;
(12) 6.74 percent to the Circuit Solicitors;
(13) 2.68 percent to the State Law Enforcement Division;
(14) 2.68 percent to the Department of Corrections;
(15) .67 percent to the Judicial Department;
(16) .28 percent to the Department of Natural Resources;
(17) .18 percent to the Office of Appellate Defense; and
(18) .02 percent to the Forestry Commission.
(C) For offenses that would have been otherwise tried in municipal court, the circuit solicitor shall retain the participation fees to support the traffic diversion program. The application fees must be remitted to the city treasurer. The city treasurer shall remit 9.17 percent of the revenue from the application fees to the municipality to be used for the purposes set forth in Section 14-1-208(D) and remit the balance of the revenues from the application fees to the State Treasurer's Office on a monthly basis, by the fifteenth day of each month, and make reports on a form and in a manner prescribed by the State Treasurer. Fees paid in installments must be remitted as received. The State Treasurer must deposit the amounts received as follows:
(1) 10.25 percent to the Department of Probation, Parole and Pardon Services;
(2) 10.13 percent to the Department of Public Safety;
(3) .26 percent to the Department of Public Safety's South Carolina Law Enforcement Officer's Hall of Fame;
(4) 7.57 percent to the State Office of Victim Assistance;
(5) 2.77 percent to the General Fund;
(6) 10.84 percent to the Office of Indigent Defense;
(7) 1.07 percent to the Attorney General's Office;
(8) .65 percent to the Department of Mental Health;
(9) 7.64 percent for the programs established pursuant to Section 56-5-2953(E);
(10) 9.93 percent to the Governor's Task Force on Litter;
(11) 9.93 percent to the Department of Juvenile Justice;
(12) .90 percent to the Department of Juvenile Justice Arbitration Program;
(13) .81 percent to the Department of Juvenile Justice Marine Institutes;
(14) .90 percent to the Department of Juvenile Justice Regional Status Offender Program;
(15) 3.95 percent to the Department of Juvenile Justice Coastal Evaluation Center;
(16) 6.74 percent to the Circuit Solicitors;
(17) 2.68 percent to the State Law Enforcement Division;
(18) 2.68 percent to the Department of Corrections;
(19) .67 percent to the Judicial Department;
(20) .28 percent to the Department of Natural Resources;
(21) .18 percent to the Office of Appellate Defense; and
(22) .02 percent to the Forestry Commission.
Section 17-22-360. Each circuit solicitor shall submit a traffic diversion program annual report, by the first day of August, to the Commission on Prosecution Coordination providing the total number of participants by original traffic-related offenses, the total number of participants that successfully completed the traffic diversion program, the total amount of fees collected, and the total revenue remitted to the municipalities, counties, and State Treasurer's Office for the state's fiscal year. The Commission on Prosecution Coordination may establish additional guidelines for the annual reports. The annual reports must be made available, upon request, to the Judicial Department and to the entities contained in Section 17-22-350(B) and (C).
Section 17-22-370. Each circuit solicitor shall submit to the Commission on Prosecution Coordination necessary identifying information on each participant for the creation and maintenance of a list of participants in traffic diversion programs. This list is to be used by the commission for the sole purpose of complying with Section 17-22-320(A). The information collected by the commission only may be released to a circuit solicitor for the purpose of determining eligibility for a traffic diversion program." /
Amend the bill further, as and if amended, page 3, by striking SECTION 4 in its entirety and inserting:
/ SECTION 4. This act takes effect upon approval by the Governor. All circuit solicitors shall have a traffic diversion program in effect by July 1, 2007, and no person shall have the right to apply to the program until the program is established. /
Renumber sections to conform.
Amend title to conform.
Rep. HAGOOD explained the amendment.
Rep. TRIPP moved to table the amendment.
Rep. HAGOOD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bingham Cato Clark Dantzler Davenport Delleney Frye Haley Harvin Huggins Kirsh Leach Littlejohn Lucas Mahaffey McCraw McGee Moody-Lawrence Norman Perry E. H. Pitts Sandifer Scarborough D. C. Smith G. R. Smith Stewart Taylor Toole Tripp Umphlett Vaughn Walker White
Those who voted in the negative are:
Agnew Anthony Bales Ballentine Bannister Barfield Bowers Brady Branham Breeland J. Brown R. Brown Ceips Chellis Clemmons Clyburn Coates Cobb-Hunter Coleman Cotty Duncan Edge Emory Funderburk Govan Hagood Hamilton Hardwick Harrell Harrison Haskins Hayes Hinson Hodges Hosey Howard Jefferson Jennings Loftis Mack McLeod Merrill Mitchell J. H. Neal J. M. Neal Neilson Ott Owens Parks Pinson M. A. Pitts Rhoad Rice Rivers Rutherford Scott Simrill Skelton G. M. Smith J. R. Smith Thompson Vick Viers Weeks Whipper Whitmire Young
So, the House refused to table the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\12527AC06), which was adopted:
Amend the bill, as and if amended, by deleting Section 17-22-360 and inserting:
/Section 17-22-360. (A) Each circuit solicitor shall submit a traffic diversion program annual report, by the first day of August, to the Commission on Prosecution Coordination providing the total number of participants by original traffic-related offenses, the total number of participants that successfully completed the traffic diversion program, the total amount of fees collected, and the total revenue remitted to the municipalities, counties, and State Treasurer's Office for the state's fiscal year. The Commission on Prosecution Coordination may establish additional guidelines for the annual reports. The annual reports must be made available for public inspection.
(B) Each circuit solicitor shall provide for an independent annual audit of all financial records and transactions of the circuit solicitor's office and may provide for more frequent audits as considered necessary. The audit must be made by a certified public accountant or public account or firm of certified public accountants. The report of the audit must be made available for public inspection. A copy of the report of the audit must be submitted to the Commission on Prosecution Coordination and the State Auditor no later than January first each year following the close of the books of the previous fiscal year./
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Anthony Bailey Bales Ballentine Bannister Barfield Bowers Brady Breeland J. Brown R. Brown Ceips Chalk Chellis Clark Clemmons Clyburn Coates Coleman Cotty Delleney Duncan Edge Emory Frye Funderburk Govan Hagood Haley Hardwick Harrell Harrison Harvin Haskins Hayes Hinson Hodges Hosey Howard Jefferson Jennings Kennedy Kirsh Leach Lucas Mack McGee McLeod Merrill Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Owens Parks Pinson M. A. Pitts Rhoad Rice Rivers Rutherford Scott Simrill Skelton D. C. Smith G. M. Smith J. R. Smith Vaughn Vick Viers Weeks Whipper Whitmire Young
Those who voted in the negative are:
Bingham Cato Cobb-Hunter Cooper Dantzler Davenport Hamilton Littlejohn Mahaffey McCraw Perry E. H. Pitts Sandifer Scarborough G. R. Smith Stewart Taylor Thompson Toole Tripp Umphlett Walker White
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. TAYLOR moved to adjourn debate upon the following Bill until Thursday, May 25, which was adopted:
S. 776 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW A PROPERTY TAX EXEMPTION FOR A MOTOR VEHICLE LICENSED AND REGISTERED BY THE SOUTH CAROLINA DEPARTMENT OF MOTOR VEHICLES AS AN ANTIQUE MOTOR VEHICLE.
The following Bill was taken up:
S. 985 (Word version) -- Senators Leatherman, Leventis and Pinckney: A BILL TO AMEND SECTION 6-1-530(B) OF THE 1976 CODE, RELATING TO THE USE OF REVENUE FROM THE LOCAL ACCOMMODATIONS TAX, TO PROVIDE THAT A COUNTY WHICH COLLECTS ONE HUNDRED THOUSAND DOLLARS IN ACCOMMODATIONS TAXES MAY USE THE REVENUE COLLECTED FOR THE OPERATION AND MAINTENANCE OF THE ITEMS LISTED IN SECTION 6-1-530(A) AND POLICE, FIRE PROTECTION, EMERGENCY MEDICAL SERVICES, AND EMERGENCY-PREPAREDNESS OPERATIONS DIRECTLY ATTENDANT TO THOSE FACILITIES.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\21219SD06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 6-1-530(B) of the 1976 Code, is amended to read:
"(B)(1) In a county in which at least nine hundred thousand dollars in accommodations taxes is collected annually pursuant to Section 12-36-920, the revenues of the local accommodations tax authorized in this article may also be used for the operation and maintenance of those items provided in (A)(1) through (6) including police, fire protection, emergency medical services, and emergency-preparedness operations directly attendant to those facilities.
(2) In a county in which less than nine hundred thousand dollars in accommodations taxes is collected annually pursuant to Section 12-36-920, an amount not to exceed twenty percent of the revenue in the preceding fiscal year of the local accommodations tax authorized pursuant to this article may be used for the additional purposes provided in item (1) of this subsection."
SECTION 2. Section 6-1-730(B) of the 1976 Code is amended to read:
"(B)(1) In a county in which at least nine hundred thousand dollars in accommodations taxes is collected annually pursuant to Section 12-36-920, the revenues of the hospitality tax authorized in this article may be used for the operation and maintenance of those items provided in (A)(1) through (6) including police, fire protection, emergency medical services, and emergency-preparedness operations directly attendant to those facilities.
(2) In a county in which less than nine hundred thousand dollars in accommodations taxes is collected annually pursuant to Section 12-36-920, an amount not to exceed twenty percent of the revenue in the preceding fiscal year of the local hospitality tax authorized pursuant to this article may be used for the additional purposes provided in item (1) of this subsection."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. LITTLEJOHN explained the amendment.
The amendment was then adopted.
Reps. E. H. PITTS and MCCRAW proposed the following Amendment No. 2 (Doc Name COUNCIL\AGM\18524MM06), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. The holidays surrounding the Christmas season being a major tourism period in this State as family members and other nonresidents generally visit this State to spend the holidays with family or in the temperate South Carolina climate pursuing recreational activities, the provisions of Chapter 1, Title 53, Sections 53-1-5 through 53-1-160 are suspended for the twenty-four hour period of December 24, 2006. /
Renumber sections to conform.
Amend title to conform.
Rep. E. H. PITTS explained the amendment.
The amendment was then adopted by a division vote of 43 to 37.
Rep. MERRILL proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\12557AHB06), which was tabled:
Amend the bill, as and if amended, Section 6-1-530(B) as contained in SECTION 1, page 985-1, by adding an appropriately numbered item to read:
/ ( ) Accommodations taxes which are collected annually pursuant to Section 12-36-920 must remain in the county in which they are collected./
Amend the bill further, Section 6-1-730(B) as contained in SECTION 2, page 985-2, by adding an appropriately numbered item to read:
/ ( ) Accommodations taxes which are collected annually pursuant to Section 12-36-920 must remain in the county in which they are collected./
Renumber sections to conform.
Amend title to conform.
Rep. MERRILL explained the amendment.
Rep. SCOTT moved to table the amendment, which was agreed to by a division vote of 70 to 26.
Rep. HINSON proposed the following Amendment No. 4 (Doc Name COUNCIL\NBD\12560AC06), which was tabled:
Amend the bill, as and if amended, Section 6-1-530(A), page 985-1, line 28, by deleting /nine/ and inserting /nine four/.
Amend the bill further, Section 6-1-530(B), page 985-1, line 36, by deleting /nine/ and inserting /four/.
Amend the bill further, Section 6-1-730(A), page 985-2, line 3, by deleting /nine/ and inserting /nine four/.
Amend the bill further, Section 6-1-730(B), page 985-2, line 11, by deleting /nine/ and inserting /four/.
Renumber sections to conform.
Amend title to conform.
Rep. HINSON explained the amendment.
Rep. SCOTT moved to table the amendment, which was agreed to.
Rep. MERRILL proposed the following Amendment No. 5 (Doc Name COUNCIL\MS\7450AHB06), which was tabled:
Amend the bill, as and if amended, by striking after the enacting words and inserting:
/ SECTION 1. Section 6-1-530(B) of the 1976 Code is amended to read:
"(B)(1) In Notwithstanding the provisions of subsection (A) or another provision of law, in a county in which at least nine hundred thousand dollars in accommodations taxes is collected annually pursuant to Section 12-36-920, the revenues of the local accommodations tax authorized in this article may also be used for the operation and maintenance of those items provided in (A)(1) through (6) including police, fire protection, emergency medical services, and emergency-preparedness operations directly attendant to those facilities, or another purpose not specifically delineated in the discretion of the county governing body.
(2) In a county in which less than nine hundred thousand dollars in accommodations taxes is collected annually pursuant to Section 12-36-920, an amount not to exceed twenty percent of the revenue in the preceding fiscal year of the local accommodations tax authorized pursuant to this article may be used for the additional purposes provided in item (1) of this subsection.
(3) Accommodations taxes which are collected annually pursuant to Section 12-36-920 must remain in the county in which they are collected."
SECTION 2. Section 6-1-730(B) of the 1976 Code is amended to read:
"(B)(1) In Notwithstanding the provisions of subsection (A) or another provision of law, in a county in which at least nine hundred thousand dollars in accommodations taxes is collected annually pursuant to Section 12-36-920, the revenues of the hospitality tax authorized in this article may be used for the operation and maintenance of those items provided in (A)(1) through (6) including police, fire protection, emergency medical services, and emergency-preparedness operations directly attendant to those facilities, or another purpose not specifically delineated in the discretion of the county governing body.
(2) In a county in which less than nine hundred thousand dollars in accommodations taxes is collected annually pursuant to Section 12-36-920, an amount not to exceed twenty percent of the revenue in the preceding fiscal year of the local hospitality tax authorized pursuant to this article may be used for the additional purposes provided in Item (1) of this subsection.
(3) Accommodations taxes which are collected annually pursuant to Section 12-36-920 must remain in the county in which they are collected."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. MERRILL explained the amendment.
Rep. COATES moved to table the amendment, which was agreed to.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Anthony Bailey Bales Bannister Barfield Bingham Brady Branham Breeland J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Delleney Duncan Emory Funderburk Govan Hagood Haley Harrell Harrison Harvin Haskins Hayes Hodges Hosey Howard Huggins Jennings Kennedy Kirsh Leach Littlejohn Lucas Mack Mahaffey McCraw McGee McLeod Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Owens Parks Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers Rutherford Sandifer Scarborough Scott Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Taylor Thompson Toole Vaughn Vick Weeks Whipper White Whitmire Young
Those who voted in the negative are:
Ballentine Bowers Clemmons Dantzler Davenport Edge Frye Hamilton Hardwick Herbkersman Hinson Jefferson Loftis Merrill Perry Stewart Umphlett Viers
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. RHOAD moved that the House do now adjourn, which was agreed to.
Rep. G. M. SMITH moved to reconsider the vote whereby S. 601 (Word version) was given a second reading and the motion was noted.
The Senate returned to the House with concurrence the following:
H. 5222 (Word version) -- Reps. J. Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, 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, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, 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, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND ONE OF SOUTH CAROLINA'S MOST OUTSTANDING EDUCATORS, MRS. LYDIA D. SANDIFORD OF RICHLAND COUNTY, FOR AN EXEMPLARY CAREER SPANNING OVER FIFTY-ONE YEARS AS A TEACHER UPON THE OCCASION OF HER RETIREMENT AS AN ENGLISH TEACHER AND COORDINATOR OF EXIT EXAM TESTING AT COLUMBIA HIGH SCHOOL AND TO EXTEND TO HER BEST WISHES IN ALL OF HER FUTURE ENDEAVORS.
H. 5229 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO DECLARE FRIDAY, SEPTEMBER 1, 2006, AS "BEN BERNANKE DAY" IN DILLON COUNTY IN HONOR OF HIS MANY OUTSTANDING ACCOMPLISHMENTS IN THE FIELDS OF NATIONAL MONETARY POLICY AND ECONOMICS, AND FOR HIS SELECTION AS CHAIRMAN OF THE FEDERAL RESERVE.
H. 5230 (Word version) -- Rep. Parks: A CONCURRENT RESOLUTION TO RECOGNIZE THE SOUTH CAROLINA BAPTIST CONGRESS OF CHRISTIAN EDUCATION FOR ITS WORK IN PROMOTING THE CHRISTIAN MESSAGE IN SOUTH CAROLINA, AND TO COMMEMORATE THE ONE HUNDREDTH ANNIVERSARY OF ITS FIRST MEETING IN GREENWOOD, SOUTH CAROLINA.
At 5:56 p.m. the House, in accordance with the motion of Rep. BRADY, adjourned in memory of Eric Layer of Columbia, to meet at 10:00 a.m. tomorrow.
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