Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, the Psalmist gives us a view of history. Listen to the words of Psalm 9:17:
"The wicked shall depart to Sheol, (realm of the dead), all the nations that forget God."
Let us pray.
God of our fathers, known of old, we hear more terrible words in verse 15... "The nations have sunk in the pit that they made; in the net that they hid has their own foot had been caught."
Here is where we need an understanding of history.
Help us to learn from the past: that God loves righteousness, and evil will destroy a whole people as well as a person, one by one!
We thank You for our forefathers who covenanted with their God that ours would be a Nation sworn to a life of obedience to the God of Abraham, Isaac and Jacob.
Lead us today, O Lord!
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
At 11:06 A.M., Senator J. VERNE SMITH made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator J. VERNE SMITH moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bryant Campsen Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Lourie Malloy Martin McGill Mescher O'Dell Patterson Peeler Pinckney Rankin Reese Richardson Ritchie Ryberg Scott Setzler Sheheen Short Smith, J. Verne Thomas Verdin Williams
A quorum being present, the Senate resumed.
The following appointment was transmitted by the Honorable Mark C. Sanford:
Initial Appointment, Anderson County Magistrate, with term to commence April 30, 2004, and to expire April 30, 2007
William Daniel Sharp, 2404 East North Avenue, Anderson, S.C. 29625 VICE Thomas H. Williams
Senator RYBERG introduced Dr. Dale R. Gordineer of Trenton, S.C., Doctor of the Day.
On motion of Senator MARTIN, at 11:05 A.M., Senator McCONNELL was granted a leave of absence for today.
On motion of Senator MARTIN, at 11:05 A.M., Senator MOORE was granted a leave of absence for today.
At 12:30 P.M., Senator THOMAS requested a leave of absence until 1:45 P.M. today.
At 12:30 P.M., Senator VERDIN requested a leave of absence for the balance of the day.
At 12:30 P.M., Senator PINCKNEY requested a leave of absence for the balance of the day.
S. 319 (Word version) -- Senators Hayes, Malloy and Moore: A BILL TO AMEND CHAPTER 2, TITLE 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE DOCUMENTS DEPOSITORY SYSTEM, SO AS TO REVISE DEFINITIONS AND PROCEDURES IN ORDER TO PROVIDE FOR THE ACQUISITION OF MATERIALS IN BOTH PRINT AND ELECTRONIC FORMATS AND TO DELETE CERTAIN OBSOLETE REFERENCES.
On motion of Senator WILLIAMS, with unanimous consent, the name of Senators WILLIAMS, O'DELL and McGILL were added as co-sponsors of S. 319.
S. 49 (Word version) -- Senators Hayes, Elliott, Hutto, Leventis, Rankin, Patterson, Land, Short, Richardson, Lourie and McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-290 SO AS TO REQUIRE HEALTH INSURANCE PLANS TO PROVIDE COVERAGE FOR TREATMENT OF MENTAL ILLNESS OR ALCOHOL OR SUBSTANCE ABUSE, TO ALLOW A PLAN THAT DOES NOT PROVIDE FOR MANAGEMENT OF CARE OR THE SAME DEGREE OF MANAGEMENT OF CARE FOR ALL HEALTH CONDITIONS TO PROVIDE COVERAGE FOR SUCH TREATMENT THROUGH A MANAGED CARE ORGANIZATION, TO ESTABLISH TREATMENT CONDITIONS TO QUALIFY FOR COVERAGE, AND TO REQUIRE THE DEPARTMENT OF INSURANCE TO REPORT TO THE GENERAL ASSEMBLY ON THE FISCAL IMPACT.
On motion of Senator COURSON, with unanimous consent, the name of Senator COURSON was added as a co-sponsor of S. 49.
S. 308 (Word version) -- Senators McConnell, Thomas, Lourie and Sheheen: A BILL TO AMEND SECTION 58-3-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE STATE REGULATION OF PUBLIC UTILITIES REVIEW COMMITTEE, SO AS TO PROVIDE THAT THE REVIEW COMMITTEE HAS THE POWER TO APPOINT AN ADVISORY COMMITTEE, AT LEAST ONE OF WHOM MUST HAVE ELECTRIC COOPERATIVE EXPERIENCE, AND TO FURTHER PROVIDE THAT THE REVIEW COMMITTEE HAS THE DUTY TO REVIEW CANDIDATES FOR APPOINTMENT TO THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO DETERMINE WHETHER THE CANDIDATES ARE QUALIFIED; AND TO AMEND SECTION 58-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, SO AS TO ESTABLISH QUALIFICATIONS AND OTHER REQUIREMENTS RELATING TO CANDIDATES FOR APPOINTMENT TO THE BOARD OF DIRECTORS AND TO PROVIDE THE MANNER IN WHICH THE DIRECTORS MUST BE APPOINTED.
On motion of Senator SETZLER, with unanimous consent, the names of Senators LAND, DRUMMOND, SETZLER, CROMER, RICHARDSON, KNOTTS and McGILL were added as co-sponsors of S. 308.
S. 306 (Word version) -- Senators Peeler and Short: A BILL TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS REQUIREMENTS PERTAINING TO PHARMACIES, INCLUDING THE TRANSFER OF ORIGINAL PRESCRIPTION INFORMATION BETWEEN PHARMACIES IN THIS STATE, SO AS TO PROVIDE THAT ALL REMAINING REFILLS, RATHER THAN ONLY ONE REFILL, MAY BE TRANSFERRED TO AND DISPENSED BY THE RECEIVING PHARMACY, TO DELETE THE REFERENCE TO IN-STATE PHARMACIES, AND TO DELETE A PROVISION CONTAINING PROCEDURES FOR DISPENSING RESTRICTED DRUGS.
On motion of Senator FORD, with unanimous consent, the name of Senator FORD was added as a co-sponsor of S. 306.
S. 318 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 1, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL INCORPORATION, SO AS TO ESTABLISH A JOINT LEGISLATIVE COMMITTEE ON MUNICIPAL INCORPORATION TO REVIEW THE FILING OF AN AREA SEEKING INCORPORATION AND TO RECOMMEND TO THE SECRETARY OF STATE WHETHER THE MINIMUM SERVICE STANDARDS FOR MUNICIPAL INCORPORATION ARE MET AND TO DEFINE CONTIGUITY FOR PURPOSES OF A MUNICIPAL INCORPORATION.
On motion of Senator FORD, with unanimous consent, the name of Senator FORD was added as a co-sponsor of S. 318.
On motion of Senator MARTIN, with unanimous consent, the Privilege of the Floor was extended to Mrs. Kay Hunter, Administrative Assistant to Senator MARTIN, commemorating her retirement from the Senate.
S. 51 (Word version) -- Senator Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-4-110 AND 59-4-120 SO AS TO PROVIDE THAT THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM MAY NOT ACCEPT NEW PARTICIPANTS, THAT THE PROGRAM SHALL REMAIN IN OPERATION FOR EXISTING PARTICIPANTS, THAT THE STATE SHALL MEET THE OBLIGATIONS TO BENEFICIARIES IF THE TUITION PREPAYMENT PROGRAM FUND CANNOT, AND THAT THE GENERAL ASSEMBLY SHALL APPROPRIATE MONIES TO THE FUND TO PAY TUITION AND FEES TO THE INSTITUTION IF THERE IS NOT ENOUGH MONEY IN THE FUND.
Senator RYBERG asked unanimous consent to make a motion to recall the Bill from the Committee on Education and commit the Bill to the Committee to Finance.
There was no objection.
The Bill was recalled from the Committee on Education and ordered committed to the Committee on Finance.
The following were introduced:
S. 360 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 24-13-1530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRECTIONAL PROGRAMS FOR WHICH HOME DETENTION MAY BE SUBSTITUTED, SO AS TO PROVIDE THAT A COURT MAY SENTENCE CERTAIN OFFENDERS TO A HOME DETENTION PROGRAM AS AN ALTERNATIVE TO INCARCERATION.
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Read the first time and referred to the Committee on Corrections and Penology.
S. 361 (Word version) -- Senators Peeler, Ritchie, Thomas and Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-110 SO AS TO PROVIDE THAT A TECHNICAL EDUCATION INSTITUTION UNDER THE CONTROL OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION MAY CHANGE ITS NAME PURSUANT TO CERTAIN CIRCUMSTANCES.
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Read the first time and referred to the Committee on Education.
S. 362 (Word version) -- Senators J. Verne Smith and McGill: A BILL TO AMEND CHAPTER 50, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES, SO AS TO PROVIDE STANDARDS THE FACULTY OF THE SCHOOL MUST MEET TO TEACH AT THE SCHOOL, TO PROVIDE FOR THE COMPOSITION OF THE BOARD OF DIRECTORS OF THE SCHOOL, TO PROVIDE THAT OUT-OF-STATE OR INTERNATIONAL EXCHANGE STUDENTS SHALL PAY TUITION AS DETERMINED BY THE SCHOOL, TO CHANGE THE CHIEF EXECUTIVE OFFICER FROM THE EXECUTIVE DIRECTOR TO THE PRESIDENT, AND TO PROVIDE THAT THE BOARD OF DIRECTORS SHALL ADOPT POLICIES AND PROMULGATE REGULATIONS NECESSARY FOR THE OPERATION AND MANAGEMENT OF THE SCHOOL.
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Read the first time and referred to the Committee on Education.
S. 363 (Word version) -- Senators Lourie, Mescher, Setzler, Ford, Knotts, Malloy, Sheheen, Hutto, Short, Patterson, McGill, Leventis, Scott, Drummond, Land, Matthews, Ryberg, Grooms, Moore, Fair, Verdin, Peeler, Leatherman, Thomas, McConnell, Jackson, Campsen and J. Verne Smith: A BILL TO AMEND SECTION 12-45-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTALLMENT PAYMENTS OF REAL PROPERTY TAXES, SO AS TO AUTHORIZE MONTHLY INSTALLMENTS.
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Read the first time and referred to the Committee on Finance.
S. 364 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-1-115 SO AS TO PROVIDE THAT BEGINNING JANUARY 1, 2006, THE ADJUTANT GENERAL SHALL PROVIDE GROUP TERM LIFE INSURANCE COVERAGE IN THE AMOUNT OF TWO HUNDRED FIFTY THOUSAND DOLLARS FOR EACH ACTIVE MEMBER OF THE SOUTH CAROLINA NATIONAL GUARD AT NO COST TO THE MEMBER OF THE GUARD.
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Read the first time and referred to the Committee on Finance.
S. 365 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 11-35-3030, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOND AND SECURITY FOR CONSTRUCTION CONTRACT PERFORMANCE AND PAYMENT PURSUANT TO THE STATE CONSOLIDATED PROCUREMENT CODE, SO AS TO REDUCE THE MAXIMUM RETENTION AMOUNT FOR EACH INSTALLMENT PENDING COMPLETION OF THE PROJECT FROM FIVE PERCENT TO THREE AND ONE-HALF PERCENT.
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Read the first time and referred to the Committee on Finance.
S. 366 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION OF A MOTOR HOME AS REAL PROPERTY FOR PURPOSES OF AD VALOREM TAXES AND THE REQUIREMENTS NECESSARY FOR THAT CLASSIFICATION, SO AS TO INCLUDE BOATS WITHIN THE CLASSIFICATION IF THEY MEET THE SAME REQUIREMENTS, AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT A SUFFICIENT AMOUNT OF THE FAIR MARKET VALUE OF A WATERCRAFT AND OF THE COMBINED VALUE OF A WATERCRAFT AND ITS MOTOR, IF TAXED SEPARATELY, TO LIMIT TO ONE THOUSAND FIVE HUNDRED DOLLARS THE PROPERTY TAX DUE ON THE WATERCRAFT OR BOTH THE WATERCRAFT AND THE MOTOR, FOR ONE PROPERTY-TAX YEAR.
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Read the first time and referred to the Committee on Finance.
S. 367 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-1-195 SO AS TO PROVIDE THAT ALL STATE AGENCIES, DEPARTMENTS, COLLEGES, UNIVERSITIES, INSTITUTIONS, AND ENTITIES SHALL REPORT TO THE GENERAL ASSEMBLY AND TO THE GOVERNOR ON JANUARY FIFTEENTH AND JULY FIFTEENTH OF EACH YEAR THE JUSTIFICATION OF THE DOLLARS FROM ANY SOURCE THAT ARE RECEIVED BY THEM, AND HOW THESE DOLLARS ARE USED TO PROVIDE SERVICES TO THE CITIZENS OF THE STATE, AND TO PROVIDE FOR THE ADMINISTRATION OF AND EXCEPTIONS TO THIS PROVISION.
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Read the first time and referred to the Committee on Finance.
S. 368 (Word version) -- Senator Leatherman: 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.
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Read the first time and referred to the Committee on Finance.
S. 369 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3557, SO AS TO ALLOW A STATE INCOME TAX CREDIT EQUAL TO FIFTY PERCENT OF THE EXPENSE OF PURCHASING AND INSTALLING A METAL DETECTOR SECURITY SYSTEM INSTALLED AND OPERATED BY RETAIL SPACE LANDLORDS AND INDIVIDUAL RETAILERS FOR THE PURPOSE OF PROVIDING CUSTOMER AND EMPLOYEE SECURITY.
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Read the first time and referred to the Committee on Finance.
S. 370 (Word version) -- Senator Hawkins: A BILL TO AMEND TITLE 7, CHAPTER 17 OF THE 1976 CODE, RELATING TO CERTIFICATES AND RECORDS OF RESULTS OF ELECTIONS BY ADDING SECTION 7-17-275, TO PROVIDE FOR AN AWARD FOR COSTS AND ATTORNEY FEES ASSOCIATED WITH AN ELECTION PROTEST; AND TO AMEND TITLE 7, CHAPTER 25 RELATED TO OFFENSES AGAINST THE ELECTION LAWS BY ADDING SECTION 7-25-210 TO PROVIDE FOR QUALIFIED CIVIL IMMUNITY FOR POLL WORKERS.
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Read the first time and referred to the Committee on Judiciary.
S. 371 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REMOVAL OF OFFICERS BY THE GOVERNOR, SO AS TO ADD THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY BOARD OF DIRECTORS TO THE OFFICERS WHO MAY BE REMOVED BY THE GOVERNOR.
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Read the first time and referred to the Committee on Judiciary.
S. 372 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-43-45 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON WHO OWNS PROPERTY ON WHICH AN AFRICAN AMERICAN CEMETERY THAT HAS BEEN DESIGNATED AS HISTORIC BY THE DEPARTMENT OF ARCHIVES AND HISTORY IS SITUATED TO REMOVE OR DISTURB THE GRAVES, OR DEVELOP THE LAND, AND TO PROVIDE A PENALTY.
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Read the first time and referred to the Committee on Judiciary.
S. 373 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 61-2-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION AND ENFORCEMENT OF THE ALCOHOLIC BEVERAGE CONTROL ACT AND THE ADMINISTRATION AND ENFORCEMENT OF LAWS AND REGULATIONS RELATING TO BEER, ALE, PORTER, AND WINE, SO AS TO PROVIDE THAT THE ADMINISTRATION AND ENFORCEMENT OF THESE LAWS IS RESERVED TO THE STATE AND TO PROVIDE THAT LOCAL ORDINANCES ATTEMPTING TO REGULATE THESE MATTERS ARE UNENFORCEABLE, AND TO AMEND SECTION 61-4-120, AS AMENDED, RELATING TO THE PROHIBITION ON SUNDAY BEER AND WINE SALES AND THE EXCEPTIONS TO THIS PROHIBITION, SO AS TO PROVIDE THAT BEER AND WINE MAY BE SOLD OR OFFERED FOR SALE AT ALL HOURS EXCEPT THOSE HOURS WHEN SUCH SALES ARE PROHIBITED BY STATE LAW AND TO PROVIDE THAT CONFLICTING MUNICIPAL AND COUNTY ORDINANCES ARE UNENFORCEABLE.
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Read the first time and referred to the Committee on Judiciary.
S. 374 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 16-17-504, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPLEMENTATION OF LAWS RELATING TO SUPPLYING MINORS WITH TOBACCO, SO AS TO DELETE THE REQUIREMENT THAT LAWS, ORDINANCES, OR RULES PERTAINING TO TOBACCO PRODUCTS MAY NOT SUPERSEDE STATE LAW, TO DELETE THE EXCEPTION PROVIDED FOR PRIVATE PROPERTY, AND TO DELETE THE EXEMPTION FOR SMOKING ORDINANCES IN EFFECT BEFORE THE EFFECTIVE DATE OF THE SECTION.
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Read the first time and referred to the Committee on Judiciary.
S. 375 (Word version) -- Senator Ford: A BILL TO AMEND SECTIONS 40-81-20, 40-81-50, 40-81-230, AND 40-81-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ATHLETIC COMMISSION'S POWERS AND DUTIES, SO AS TO EXCLUDE PROFESSIONAL WRESTLING AS A SPORT THAT IT REGULATES; AND TO REPEAL SECTION 40-81-300, RELATING TO THE LICENSING OF A WRESTLER.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 376 (Word version) -- Senators Cromer and Bryant: A BILL TO AMEND SECTION 44-76-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS TRAINING AND USE REQUIREMENTS FOR PERSONS DESIGNATED AS AUTOMATED EXTERNAL DEFIBRILLATOR (AED) USERS, SO AS TO REQUIRE THE ENTITY THAT ACQUIRES AN AED TO NOTIFY THE LOCAL EMERGENCY MEDICAL SERVICES PROVIDER OF THE LOCATION OF THE AED AND TO PROVIDE THAT THE REQUIRED TRAINING MAY BE A COURSE APPROVED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
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Read the first time and referred to the Committee on Medical Affairs.
S. 377 (Word version) -- Senators Knotts and Mescher: A BILL TO AMEND SECTION 56-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO ARE SUBJECT TO PROVISIONS OF LAW REGULATING MOTOR VEHICLE MANUFACTURERS, WHOLESALERS, AND DEALERS, SO AS TO PROVIDE THAT INDIVIDUALS WHO, PURSUANT TO A WRITTEN AGREEMENT WITH A PROSPECTIVE PRIVATE PASSENGER MOTOR VEHICLE BUYER, AGREE TO ASSIST THE BUYER IN PROCURING A MOTOR VEHICLE OF THE BUYER'S CHOICE ARE NOT REQUIRED TO OBTAIN EITHER A WHOLESALER'S OR DEALER'S MOTOR VEHICLE LICENSE.
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Read the first time and referred to the Committee on Transportation.
S. 378 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 56-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SELF-INSURERS FOR MOTOR VEHICLES AND DETERMINATION OF FINANCIAL RESPONSIBILITY, SO AS TO PROVIDE THAT A SELF-INSURER MAY USE AN IRREVOCABLE LETTER OF CREDIT ISSUED BY CERTAIN BANKS TO MEET THE EIGHTY PERCENT CASH DEPOSIT REQUIREMENT OF THIS SECTION, AND TO PROVIDE THAT COMPLIANCE WITH THIS SECTION PROVIDES THE COVERAGE EQUIVALENT TO A MINIMUM LIMITS STATUTORY POLICY FOR A VEHICLE AS REQUIRED BY LAW.
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Read the first time and referred to the Committee on Transportation.
S. 379 (Word version) -- Senator Richardson: A CONCURRENT RESOLUTION TO DECLARE TUESDAY, FEBRUARY 15, 2005, AS "SOUTH CAROLINA HOMETOWN DAY" IN ORDER TO RECOGNIZE AND HONOR THE MANY OUTSTANDING MUNICIPAL OFFICALS IN OUR STATE.
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On motion of Senator RICHARDSON, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.
S. 380 (Word version) -- Senator Peeler: A SENATE RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE SENATE AT THE DEATH OF MARY KEITH GALLMAN FOWLER OF UNION AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.
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The Senate Resolution was adopted.
S. 381 (Word version) -- Senators McConnell, Land, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Leatherman, Leventis, Lourie, Malloy, Martin, Matthews, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, J. Verne Smith, Thomas, Verdin and Williams: A SENATE RESOLUTION RECOGNIZING DEBRA DREW HAMMOND AND HER TWENTY YEARS OF INVALUABLE SERVICE TO THE STATE SENATE AND THE PEOPLE OF SOUTH CAROLINA UPON THE OCCASION OF HER RETIREMENT AS SENIOR ADMINISTRATIVE ASSISTANT TO THE SENATE JUDICIARY COMMITTEE, AND WISHING HER SUCCESS IN HER FUTURE ENDEAVORS.
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Whereas, Debra Drew Hammond, a native of Birmingham, Alabama, began her service to the South Carolina Senate in January of 1985 as Senior Administrative Assistant to Orangeburg Senator Marshall B. Williams, President Pro Tempore and Chairman of the Judiciary Committee; and
Whereas, she later served in that position with Senator Donald H. Holland, Senate Judiciary Chairman, and ends her twenty years of dedicated service to the leadership of this State with her tenure as Senior Administrative Assistant to the Senate Judiciary Committee and Chairman Glenn F. McConnell; and
Whereas, during her two decades of participation in the legislative process she was often a key player working behind the scenes in such vital areas as the State's implementation of judicial screening and Public Service Commission reform and helping ensure public participation in Judiciary's efforts for government restructuring and tort reform; and
Whereas, her organizational skills are responsible for the current system of numbering and computer storage of amendments and conference reports, as well as other efficiencies in the response of the Senate to the most basic needs of the State; and
Whereas, Debbie's twenty years of tireless efforts on behalf of the people of South Carolina may have been performed outside of the spotlight, those efforts are nevertheless acknowledged and appreciated by her colleagues and friends in the Senate; and
Whereas, the members of the Senate are proud to share and honor her many accomplishments with the people of South Carolina who have benefited so greatly from her important service to the State and pleased to wish her success in her new position as Executive Assistant, Office of Regulatory Staff, where she will, among other duties, act as a liaison between the office and the legislature and the State Regulation of Public Utilities Review Committee. Now, therefore,
Be it resolved by the Senate:
That the members of the South Carolina Senate recognize Debra Drew Hammond and her twenty years of invaluable service to the State Senate and the people of South Carolina upon the occasion of her retirement as Senior Administrative Assistant to the Senate Judiciary Committee, and wish her success in her future endeavors.
Be it further resolved that a copy of this resolution be presented to Debbie Hammond.
The Senate Resolution was adopted.
In Senator McCONNELL's absence, on motion of Senator LAND, with unanimous consent, the Privilege of the Floor was extended to Mrs. Debbie Hammond for the purpose of honoring her upon her departure from the Senate and presenting her with the Order of the Silver Crescent.
H. 3010 (Word version) -- Reps. W. D. Smith, Wilkins, G. R. Smith, Vaughn, Harrison, Davenport, Sandifer, Coates, Young, Leach, Viers, Littlejohn, Rice, Hinson, Clark, Walker, Mahaffey, Duncan, Hagood and Clemmons: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO PROVIDE FOR THE CREATION OF A CAROLINA PUBLIC CHARTER SCHOOL DISTRICT, ITS GOVERNANCE, AND ITS POWERS AND DUTIES; AND TO PROVIDE FOR THE MANNER IN WHICH A CHARTER SCHOOL SPONSORED BY THE CAROLINA PUBLIC CHARTER SCHOOL DISTRICT MUST BE FORMED, FUNDED, REGULATED, AND GOVERNED.
Read the first time and referred to the Committee on Education.
H. 3026 (Word version) -- Reps. Cato, G. M. Smith, Edge, Sandifer, Coates, Kirsh and Bales: A BILL TO AMEND SECTION 6-9-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADOPTION AND PROMULGATION OF CERTAIN BUILDING CODES AND STANDARDS, SO AS TO PROVIDE THE MODIFICATIONS PROMULGATED PURSUANT TO THE PROVISIONS OF THIS SECTION DO NOT REQUIRE READOPTION BY THE BUILDING CODES COUNCIL FOR SUBSEQUENT EDITIONS OF THE BUILDING CODES, AND TO PROVIDE A PROCEDURE TO RECONSIDER EXISTING MODIFICATIONS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 3150 (Word version) -- Reps. Rice, Clyburn, Littlejohn, E. H. Pitts, Simrill, Loftis, Chellis, Martin, Herbkersman, J. R. Smith, Taylor, G. R. Smith, Vaughn, Harrison, Davenport, Young, Owens, Kirsh, Leach, Brady, Walker, Haley, Toole, Duncan, Mahaffey and Hagood: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING CHAPTER 24 SO AS TO ESTABLISH THE SOUTH CAROLINA SUNSET COMMISSION AND A SUNSET REVIEW DIVISION OF THE LEGISLATIVE AUDIT COUNCIL, TO ESTABLISH PROCEDURES PROVIDING FOR THE MANNER IN WHICH THE PROGRAMS OF CERTAIN AGENCIES AND DEPARTMENTS OF STATE GOVERNMENT MUST BE EVALUATED TO DETERMINE IF THEY SHOULD BE CONTINUED IN EXISTENCE, MODIFIED, OR TERMINATED, AND TO ESTABLISH THE PROCEDURES BY WHICH THESE PROGRAMS MUST BE CONTINUED, MODIFIED, OR TERMINATED.
Read the first time and referred to the Committee on Judiciary.
H. 3152 (Word version) -- Reps. Harrell, Wilkins, Leach, Littlejohn, Young, Bailey, Battle, Rice, Scarborough, Hinson, Simrill, Mahaffey, Sandifer, Hagood and J. E. Smith: A BILL TO AMEND CHAPTER 62 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, SO AS TO INCLUDE AN EXEMPTION FROM LOCAL, AS WELL AS STATE, SALES AND USE TAXES, TO DEFINE "EMPLOYEE" FOR PURPOSES OF A FIVE PERCENT REBATE ON ALL TAXABLE WAGES PAID IN CONNECTION WITH AN EMPLOYEE'S WORK ON A MOTION PICTURE AND TO PROVIDE PROCEDURES FOR CLAIMING THE REBATE, TO ALLOW UP TO SEVEN PERCENT OF THE GENERAL FUND PORTION OF ADMISSIONS TAX COLLECTED BY THE STATE AND FUNDED TO THE USE OF THE SOUTH CAROLINA FILM COMMISSION TO BE USED EXCLUSIVELY FOR MARKETING AND SPECIAL EVENTS, AND TO PROVIDE, FURTHER, THAT THE COMMISSION REPORT ANNUALLY TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT ON USE OF ALL ITS FUNDS IN A PUBLIC REPORT, ACCESSIBLE ON ITS WEBSITE; TO AMEND SECTION 12-36-920, AS AMENDED, RELATING TO SALES TAX ON GROSS PROCEEDS FROM RENTALS ON LODGINGS, SO AS TO DELETE A REBATE TO A MOTION PICTURE PRODUCTION COMPANY FOR SALES TAX PAID ON ACCOMMODATIONS; TO AMEND SECTION 1-30-25, AS AMENDED, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO DELETE A REFERENCE TO THE STATE DEVELOPMENT BOARD; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE SALES AND USE TAX, SO AS TO DELETE THE EXEMPTION FOR THE PROCEEDS OF SALES MADE TO A MOTION PICTURE COMPANY.
Read the first time and referred to the Committee on Finance.
H. 3321 (Word version) -- Rep. Clyburn: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED IN JANUARY 2005, BY THE STUDENTS OF A SCHOOL IN THE AIKEN COUNTY SCHOOL DISTRICT OR ANY OTHER SCHOOL OR INSTITUTION OF HIGHER LEARNING IN AIKEN COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO THE TRAIN WRECK AND CHEMICAL LEAK IN GRANITEVILLE ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Read the first time and referred to the Committee on Education.
H. 3356 (Word version) -- Rep. Vick: A BILL TO AMEND ACT 587 OF 1994, AS AMENDED, RELATING TO THE CREATION OF THE CHESTERFIELD COUNTY BOARD OF ELECTIONS, SO AS TO INCREASE FROM SEVEN TO NINE THE MEMBERS ON THE BOARD.
Read the first time and ordered placed on the Local and Uncontested Calendar.
H. 3363 (Word version) -- Reps. Mahaffey, Sinclair, Davenport, Anthony and W. D. Smith: A BILL TO AMEND ACT 248 OF 1969, AS AMENDED, RELATING TO THE CREATION OF THE STARTEX AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE FROM TWENTY TO FIVE HUNDRED THOUSAND DOLLARS THE BORROWING LIMITS OF THE DISTRICT AND TO AUTHORIZE THE BOARD OF FIRE CONTROL TO HIRE SUCH EMPLOYEES AND DETERMINE THEIR SALARIES.
Read the first time and ordered placed on the Local and Uncontested Calendar.
H. 3371 (Word version) -- Reps. Vick, Neilson and Jennings: A BILL TO AMEND ACT 587 OF 1994, AS AMENDED, RELATING TO THE CREATION OF THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION, SO AS TO GIVE THE CHESTERFIELD COUNTY LEGISLATIVE DELEGATION THE SOLE APPOINTIVE POWERS FOR MEMBERS OF THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION INSTEAD OF BEING APPOINTED BY THE GOVERNOR UPON RECOMMENDATION OF THE CHESTERFIELD COUNTY LEGISLATIVE DELEGATION.
Read the first time and ordered placed on the Local and Uncontested Calendar.
H. 3373 (Word version) -- Reps. W. D. Smith, Walker, Sinclair, Davenport, Littlejohn, Mahaffey and Talley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-810 SO AS TO PROVIDE THAT THE PORTION OF ROADSIDE VEGETATION ADJACENT TO INTERSTATE HIGHWAY 26, INTERSTATE HIGHWAY 85, AND INTERSTATE HIGHWAY 585 IN SPARTANBURG COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.
Read the first time and referred to the Committee on Transportation.
H. 3374 (Word version) -- Reps. Wilkins, W. D. Smith, J. Brown, Cato, Chellis, Harrell, Harrison, Townsend, Witherspoon, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, R. Brown, Ceips, Chalk, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Stewart, Talley, Taylor, Thompson, Toole, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND SALUTE THE COURAGEOUS PEOPLE OF IRAQ WHO, BECAUSE OF THEIR UNRELENTING DESIRE FOR FREEDOM, WILL VOTE ON SUNDAY, JANUARY 30, 2005, TO ELECT THEIR NEW LEADERS.
The Concurrent Resolution was introduced and referred to the Committee on Invitations.
H. 3375 (Word version) -- Reps. Wilkins, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, 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, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXTEND A WARM WELCOME AND OUR BEST WISHES FOR A SUCCESSFUL VISIT TO OUR FRIENDS FROM FRANCE PARTICIPATING IN THE STUDENT EXCHANGE PROGRAM WITH J. L. MANN HIGH SCHOOL.
The Concurrent Resolution was adopted, ordered returned to the House.
S. 332 (Word version) -- Senator Leatherman: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR ROTARY INTERNATIONAL ON THE OCCASION OF ITS 100TH ANNIVERSARY AND TO COMMEND ITS MEMBERS FOR THEIR MANY CIVIC CONTRIBUTIONS.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 3 (Word version) -- Senators Leatherman, Verdin, Gregory and Grooms: A BILL TO AMEND SECTION 56-3-3950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "KEEP SOUTH CAROLINA BEAUTIFUL" SPECIAL LICENSE PLATES, SO AS TO REVISE THE ALLOCATION OF THE FEES COLLECTED FROM THE ISSUANCE OF "KEEP SOUTH CAROLINA BEAUTIFUL" SPECIAL LICENSE PLATES.
The following Bills and Joint Resolution having been read the second time, were ordered placed on the Third Reading Calendar:
S. 27 (Word version) -- Senators Leatherman and Elliott: A BILL TO AMEND SECTION 6-4-35 OF THE 1976 CODE, RELATING TO THE TOURISM EXPENDITURE REVIEW COMMITTEE'S DETERMINATION OF NONCOMPLIANT EXPENDITURE OF ACCOMMODATIONS TAX REVENUE, TO ESTABLISH A PROCEDURE BY WHICH A MUNICIPALITY OR COUNTY MAY REFUND ANY AMOUNT DETERMINED TO BE IN NONCOMPLIANCE AND AVOID FUTURE WITHHOLDINGS.
Senator ALEXANDER explained the Bill.
S. 50 (Word version) -- Senators Hayes and Elliott: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ALLOWED DURING THE AUGUST SALES TAX HOLIDAY TO BED AND BATH LINENS.
Senator ALEXANDER explained the Bill.
S. 207 (Word version) -- Senators J. Verne Smith, Hutto and Campsen: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO EXTEND THE EXEMPTION ALLOWED PROPERTY OWNED BY THE BOY SCOUTS OF AMERICA OR THE GIRL SCOUTS OF AMERICA AND USED OR OCCUPIED EXCLUSIVELY FOR SCOUTING PURPOSES TO PROPERTY REGARDLESS OF OWNERSHIP WHICH IS USED EXCLUSIVELY FOR SCOUTING PURPOSES TO GIVE THIS EXEMPTION RETROACTIVE EFFECT, AND TO WAIVE THE TIME LIMITS OTHERWISE APPLICABLE TO CLAIMS FOR REFERRAL PURPOSES OF CLAIMS MADE PURSUANT TO THE AMENDMENTS MADE BY THIS ACT.
Senator HAYES explained the Bill.
S. 306 (Word version) -- Senators Peeler, Short and Ford: A BILL TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS REQUIREMENTS PERTAINING TO PHARMACIES, INCLUDING THE TRANSFER OF ORIGINAL PRESCRIPTION INFORMATION BETWEEN PHARMACIES IN THIS STATE, SO AS TO PROVIDE THAT ALL REMAINING REFILLS, RATHER THAN ONLY ONE REFILL, MAY BE TRANSFERRED TO AND DISPENSED BY THE RECEIVING PHARMACY, TO DELETE THE REFERENCE TO IN-STATE PHARMACIES, AND TO DELETE A PROVISION CONTAINING PROCEDURES FOR DISPENSING RESTRICTED DRUGS.
Senator PEELER explained the Bill.
S. 355 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ENVIRONMENTAL PROTECTION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2800, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator FAIR explained the Joint Resolution.
S. 34 (Word version) -- Senators Richardson, Ryberg, Elliott and Verdin: A BILL TO AMEND SECTION 2-19-90 OF THE 1976 CODE RELATING TO THE ELECTION OF JUDGES, TO PROVIDE THAT IN ORDER TO BE ELECTED, A JUDICIAL CANDIDATE MUST RECEIVE A MAJORITY OF THE VOTE OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AND THE MEMBERS OF THE SENATE VOTING IN JOINT SESSION; AND TO AMEND CHAPTER 1 OF TITLE 2 OF THE 1976 CODE, BY ADDING SECTION 2-1-95, TO PROVIDE THAT IN ORDER TO BE ELECTED, ANY CANDIDATE ELECTED BY THE GENERAL ASSEMBLY IN JOINT SESSION MUST RECEIVE A MAJORITY OF THE VOTE OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AND A MAJORITY OF THE VOTE OF THE MEMBERS OF THE SENATE VOTING IN THE JOINT SESSION.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD0034.001), which was adopted:
Amend the bill, as and if amended, page 1, line 41, Section 2-19-90, as contained in SECTION 1, by striking line 41 in its entirety and inserting:
/ the General Assembly House of Representatives and a majority of Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 95 (Word version) -- Senators McConnell, Sheheen, Knotts and Elliott: A BILL TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS AND SECTION 34-36-40, RELATING TO LOAN BROKERS, BOTH SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF CONSUMER AFFAIRS TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE THAT THE DEPARTMENT MAY REQUEST THAT THE ADMINISTRATIVE LAW JUDGE DIVISION IMPOSE A CIVIL FINE FOR A VIOLATION; TO AMEND SECTION 37-6-106, RELATING TO THE INVESTIGATORY POWERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO PROVIDE THAT THE ADMINISTRATOR MAY APPLY TO THE ADMINISTRATIVE LAW COURT, RATHER THAN THE COURT OF COMMON PLEAS, FOR AN ORDER COMPELLING COMPLIANCE WITH A SUBPOENA; TO AMEND SECTIONS 37-6-108 AND 37-6-113, RELATING TO AN ORDER OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO PROVIDE A PROCEDURE FOR THE ADMINISTRATOR TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW COURT'S ORDER AS PROVIDED IN THE ADMINISTRATIVE PROCEDURES ACT AND THE RULES GOVERNING PRACTICE BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 37-6-401, RELATING TO THE POWERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO PROVIDE THAT A CONFLICT BETWEEN THE PROVISIONS OF PART 4, CHAPTER 6, TITLE 37 AND THE ADMINISTRATIVE PROCEDURES ACT MUST BE RESOLVED IN FAVOR OF THE LATTER; TO AMEND SECTION 37-6-414, RELATING TO JUDICIAL REVIEW OF CASES, SO AS TO PROVIDE THAT A PERSON WHO HAS EXHAUSTED ADMINISTRATIVE REMEDIES BEFORE THE ADMINISTRATOR AND WHO IS AGGRIEVED IS ENTITLED TO BRING A CONTESTED CASE HEARING BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 37-11-100, RELATING TO LICENSING AND REGULATION OF CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF CONSUMER AFFAIRS TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW'S ORDER AS PROVIDED IN THE ADMINISTRATIVE PROCEDURES ACT AND THE RULES GOVERNING PRACTICE BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 37-16-70, RELATING TO PREPAID LEGAL SERVICES, SO AS TO PROVIDE FOR NOTICE AND OPPORTUNITY FOR A HEARING BEFORE THE ADMINISTRATIVE LAW COURT BY A PREPAID LEGAL SERVICES COMPANY FOR A VIOLATION OF THE PROVISIONS OF THE CHAPTER, TO PROVIDE THAT THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS MAY ISSUE AN ORDER REQUIRING THE CLUB REPRESENTATIVE TO CEASE AND DESIST FROM THE VIOLATION, AND TO PROVIDE THAT THE CLUB REPRESENTATIVE MAY REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTIONS 39-61-100 AND 39-61-130, BOTH RELATING TO MOTOR CLUB SERVICES, SO AS TO PROVIDE A PROCEDURE FOR THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW COURT'S ORDER AS PROVIDED IN THE ADMINISTRATIVE PROCEDURES ACT AND THE RULES GOVERNING PRACTICE BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 40-39-150, RELATING TO PAWNBROKERS, SECTIONS 40-58-55, 40-58-80, AND 40-58-90, AS AMENDED, ALL RELATING TO MORTGAGE LOAN BROKERS, SECTION 40-68-160, RELATING TO REGULATION OF STAFF LEASING SERVICES, SECTION 44-79-80, RELATING TO PHYSICAL FITNESS SERVICES, SECTION 56-28-110, RELATING TO NOTIFICATION OF SUBSEQUENT PURCHASERS OF A REPURCHASED MOTOR VEHICLE, AND SECTIONS 59-102-70 AND 59-102-170, AS AMENDED, RELATING TO REGISTRATION OF ATHLETE AGENTS, ALL SO AS TO PROVIDE A PROCEDURE FOR A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW COURT'S ORDER AS PROVIDED IN THE ADMINISTRATIVE PROCEDURES ACT AND THE RULES GOVERNING PRACTICE BEFORE THE ADMINISTRATIVE LAW COURT; AND TO REPEAL SECTIONS 37-6-415 AND 37-11-110, RELATING TO APPEALS OF DECISIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD0095.001), which was adopted:
Amend the bill, as and if amended, page 10, beginning on line 7, in Section 37-16-70, as contained in SECTION 8, by striking lines 7-24, and inserting therein the following:
/ "Section 37-16-70. (A) A prepaid legal services company violating this chapter is subject to any combination of the following: The department may file a request for a contested case hearing with the Administrative Law Court if a prepaid legal services company violates a provision of this chapter and the prepaid legal services company is subject to any combination of the following:
(1) an administrative order to cease and desist from committing violations of this chapter;
(2) administrative fines up to five thousand dollars; and
(3) revocation or denial of registration.
(B) Upon satisfactory evidence that a prepaid legal services company representative has violated or failed to comply with a provision of this chapter or regulation promulgated pursuant to the authority of this chapter, the administrator may revoke or suspend the company representative's authority. A prepaid legal services company representative may file a request for a contested case hearing with the Administrative Law Court if it believes it is aggrieved by the decision of the Administrator."
/ Amend the bill further, as and if amended, page 14, line 37, in Section 40-68-160, as contained in SECTION 15, by striking line 37 in its entirety and inserting therein the following:
/ department, as provided in subsection (B), on any of the following/.
Amend the bill further, as and if amended, page 17, beginning on line 34, in Section 59-102-170, as contained in SECTION 18, by striking SECTION 18 in its entirety, and inserting therein the following:
/ SECTION 18. Section 59-102-70 of the 1976 Code, as last amended by Act 300 of 2004, is amended to read:
"Section 59-102-70. (A) The Department of Consumer Affairs may suspend, revoke, or refuse to renew a registration for conduct that would have justified denial of registration pursuant to Section 59-102-60(B).
(B) The Department of Consumer Affairs may deny, suspend, revoke, or refuse to renew a certificate of registration or licensure only after proper notice and an opportunity for a hearing. The Administrative Procedures Act applies to this chapter A person aggrieved by an action taken by the department pursuant to this subsection or pursuant to Section 59-102-60(B) may request review by filing a request for a contested case hearing with the Administrative Law Court.
(C) The Department of Consumer Affairs may file a request for a contested case hearing with the Administrative Law Court for an order revoking or suspending the registration of an athlete agent for cause or for a violation of a provision of this chapter." /.
Amend the bill further, as and if amended, page 18, line 17, by adding the following appropriately numbered SECTIONS to read:
/ SECTION ___. Section 37-11-100 of the 1976 Code is amended to read:
"Section 37-11-100. The department, upon proper notice and hearing in accordance with the Administrative Procedures Act and department regulations, may deny, suspend, or revoke licenses issued under this chapter or assess a monetary penalty for violations of provisions under this chapter or the regulations promulgated under this chapter may file a request for a contested case hearing with the Administrative Law Court to deny, suspend, or revoke a license issued pursuant to this chapter or assess a monetary penalty for violation of a provision of this chapter or a regulation promulgated pursuant to this chapter."
SECTION ___. Section 37-6-402(1) of the 1976 Code is amended to read:
"(1) 'Contested case' means a proceeding, including, but not restricted to, a proceeding initiated one pursuant to the provisions on administrative enforcement orders (Section 37-6-108(1)) as provided in Section 37-6-108(A) and licensing matters in which the legal rights, duties, or privileges of a party are required by law to be determined after an opportunity for hearing." /.
Amend the bill further, as and if amended, page 19, line 4, as contained in SECTION 23, by striking line 4 in its entirety and inserting therein the following:
/ SECTION 23. This act takes effect on July 1, 2005, and /.
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 326 (Word version) -- Senators Ritchie, Gregory, Sheheen, J. Verne Smith and Ryberg: A BILL TO AMEND ACT 258 OF 2004, RELATING TO THE AQUATIC LIFE PROTECTION ACT, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS ACT DO NOT APPLY TO ANY NEW, MODIFIED, OR RENEWAL PERMIT CONTAINING WHOLE EFFLUENT TOXICITY (WET) PERMIT LIMITS WHICH WAS DRAFTED AND PENDING ISSUANCE BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL ON THE EFFECTIVE DATE OF THIS ACT, SO LONG AS THE WET PERMIT LIMITS CONTAINED IN THE PERMIT ARE ACCEPTABLE TO THE PERMITTEE.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Committee on Medical Affairs proposed the following amendment (NBD\11188AC05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 3 of Act 258 of 2004 is amended to read:
"Section 3. If at any time after the effective date of this act, the United States Environmental Protection Agency publishes a Notice of Intent in the Federal Register to commence withdrawal of the South Carolina NPDES program as a direct result of this act, the application and enforcement of this act is suspended. In addition, the provisions of this act do not apply to any permit applicant or existing permittee so long as the permittee or permit applicant notifies the South Carolina Department of Health and Environmental Control (DHEC) in writing that it is opting out of this act. Upon receipt by DHEC of such notification, the provisions of this act do not govern any regulatory actions taken by DHEC on the proposed or existing permit."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 3123 (Word version) -- Reps. Clemmons, Viers and Toole: A CONCURRENT RESOLUTION TO ACKNOWLEDGE THE IMPORTANCE OF BEACH MUSIC TO THE CITIZENS OF SOUTH CAROLINA AND THE FUN AND ENTERTAINMENT IT PROVIDES, AND TO PROCLAIM APRIL 13, 2005, AS "BEACH MUSIC DAY" IN SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3282 (Word version) -- Reps. Wilkins, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, 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, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, G.R. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO APPLAUD THE NEWLY FORMED SOUTH CAROLINA JUMP$TART COALITION FOR PERSONAL FINANCIAL LITERACY AND RECOGNIZE APRIL 11-15, 2005, AS "SOUTH CAROLINA FINANCIAL LITERACY WEEK".
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3283 (Word version) -- Reps. Wilkins, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, 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, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, G.R. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO APPLAUD THE DENTAL CARE PROVIDERS AND AUXILIARIES IN SOUTH CAROLINA WHO PROVIDE FREE DENTISTRY TO THE NEEDIEST CHILDREN IN THE STATE ON THE FIRST FRIDAY OF FEBRUARY EACH YEAR AND TO RECOGNIZE FRIDAY, FEBRUARY 4, 2005, AS "SOUTH CAROLINA GIVE KIDS A SMILE DAY".
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3293 (Word version) -- Rep. Leach: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE THOMAS CADMUS, TO ADDRESS THE SOUTH CAROLINA GENERAL ASSEMBLY IN JOINT SESSION IN THE CHAMBER OF THE HOUSE OF REPRESENTATIVES AT 12:30 P.M. ON TUESDAY, FEBRUARY 22, 2005.
Senator COURSON spoke on the Concurrent Resolution.
The Concurrent Resolution was adopted, ordered returned to the House.
S. 318 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 1, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL INCORPORATION, SO AS TO ESTABLISH A JOINT LEGISLATIVE COMMITTEE ON MUNICIPAL INCORPORATION TO REVIEW THE FILING OF AN AREA SEEKING INCORPORATION AND TO RECOMMEND TO THE SECRETARY OF STATE WHETHER THE MINIMUM SERVICE STANDARDS FOR MUNICIPAL INCORPORATION ARE MET AND TO DEFINE CONTIGUITY FOR PURPOSES OF A MUNICIPAL INCORPORATION.
On motion of Senator HAYES, the Bill was carried over.
S. 354 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO AIR POLLUTION CONTROL REGULATIONS AND STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2873, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator FAIR explained the Joint Resolution.
On motion of Senator ELLIOTT, the Joint Resolution was carried over.
S. 204 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-150-375 SO AS TO PROVIDE THAT CERTAIN VISUAL OR HEARING IMPAIRED STUDENTS MAY RECEIVE STATE SCHOLARSHIP FUNDS TO ATTEND CERTAIN OUT-OF-STATE INSTITUTIONS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (204R001.HKL), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 1, by striking lines 29 and 30 and inserting:
/ certifies the student's impairment and that no in-state institution exists to specifically meet the student's need." /
Renumber sections to conform.
Amend title to conform.
Senator ALEXANDER explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was carried over as amended.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 1 (Word version) -- Senators Ryberg, Hutto, Lourie, Drummond, Land, Moore, Matthews, McGill, O'Dell, Reese, Hayes, Gregory, Jackson, Martin, Rankin, Short, Richardson, Ritchie, Cromer, J. Verne Smith, Leatherman, Fair and Patterson: A BILL TO AMEND SECTION 56-5-6450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILD PASSENGER RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT A FINE FOR A VIOLATION OF THE LAW MUST NOT BE WAIVED; TO AMEND SECTION 56-5-6530, RELATING TO EXCEPTIONS TO THE MANDATORY USE OF SAFETY BELTS AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT OCCUPANTS OF THE BACK SEAT OF A MOTOR VEHICLE ARE NOT EXEMPT FROM THE SAFETY BELT REQUIREMENT; TO AMEND SECTION 56-5-6540, RELATING TO PENALTIES FOR VIOLATIONS OF THE SAFETY BELT LAW AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT ALL FUNDS COLLECTED PURSUANT TO THIS SECTION MUST BE DEPOSITED IN THE STATE GENERAL FUND, A LAW ENFORCEMENT OFFICER MAY NOT SEARCH A VEHICLE STOPPED SOLELY FOR A PRIMARY SAFETY BELT VIOLATION, A LAW ENFORCEMENT OFFICER MAY STOP A DRIVER OF A MOTOR VEHICLE FOR ANY PRIMARY VIOLATION OF A PROVISION THAT REQUIRES A DRIVER OR PASSENGER TO WEAR A SAFETY BELT OR A CHILD RESTRAINT SYSTEM, A PERSON MUST NOT BE CONVICTED FOR A PRIMARY SAFETY BELT VIOLATION EXCEPT UPON PROOF BEYOND A REASONABLE DOUBT, A VIOLATION OF THE MANDATORY SAFETY BELT LAW MAY BE TRIED BEFORE EITHER A JUDGE OR A JURY, AND A CONVICTION FOR A VIOLATION OF THE STATE'S MANDATORY SAFETY BELT LAW IS APPEALABLE TO THE COURT OF COMMON PLEAS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 14 (1-PINCKNEY) proposed by Senators PINCKNEY, FORD and PATTERSON and previously printed in the Journal of Wednesday, January 26, 2005.
Senator HUTTO argued contra to the adoption of Amendment No. 14.
Senator HUTTO moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Campsen Cleary Cromer Drummond Fair Gregory Hawkins Hayes Hutto Land Leatherman Lourie Martin McGill O'Dell Patterson Peeler Rankin Richardson Ryberg Setzler Short Smith, J. Verne
Anderson Bryant Courson Elliott Ford Grooms Jackson Knotts Malloy Mescher Pinckney Ritchie Scott Sheheen Thomas Verdin Williams
Amendment No. 14 was laid on the table.
Senators HUTTO and MARTIN proposed the following Amendment No. 15 (1R010.CBH), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/ Section 56-5-6525. (A) The Department of Public Safety or any other law enforcement agency must not use a "Click It or Ticket" campaign or a similar endeavor of systematic checkpoints or roadblocks as a law enforcement tool where the principal purpose is to detect and issue a ticket to a violator of the provisions of this article on either a primary or secondary basis.
(B) A person must not be issued a citation at any checkpoint established to stop all drivers on a certain road for a period of time for removing his seatbelt in order to retrieve documentation that must be produced at the checkpoint. /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
Senator HUTTO moved that the amendment be adopted.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryant Campsen Cleary Courson Cromer Drummond Elliott Fair Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Lourie Malloy Martin McGill Mescher O'Dell Patterson Peeler Pinckney Rankin Richardson Ritchie Ryberg Scott Setzler Sheheen Short Smith, J. Verne Thomas Verdin Williams
Ford
The amendment was adopted.
Senator HUTTO proposed the following Amendment No. 17 (1R012.CBH), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 2, by striking line 11 and inserting:
/ than twenty-five twelve dollars, no part of which may be suspended. The /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senators McCONNELL and KNOTTS proposed the following Amendment No. 18 (1R011.GFM), which was tabled:
Amend the bill, as and if amended, SECTION 3, page 3, by striking lines 22 through 42 and page 4 by striking lines 1 through 26 and inserting:
/ (B) A law enforcement officer must not stop a driver for a violation of this article in the absence of another violation of the motor vehicle laws except as follows: issue a citation for a violation of this article when the stop is made in conjunction with a driver's license check, safety check, or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time, except when the driver is cited for violating another motor vehicle law. The driver and any passenger shall be required to buckle up before departing the checkpoint and should the driver or the passenger refuse, then the person refusing may be charged with a primary violation.
(1) when the officer has probable cause for a violation of this article based on his clear and unobstructed view of a driver seventeen years of age or younger or an occupant of the motor vehicle seventeen years of age or younger who is not wearing a safety belt or is not secured in a child restraint system as required by Article 47; or
(2) when the stop is made in conjunction with a driver's license check or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time.
(C) A citation for a violation of this article, except for a citation issued pursuant to a stop made under subsection (B)(1), must not be issued without citing the violation that initially caused the officer to effect the enforcement stop.
(D) A citation issued pursuant to a stop made under subsection (B)(1) may be issued without citing any other violation.
(E)(C) A violation of this article does is not constitute negligence per se or contributory negligence, and is not admissible as evidence in a civil action.
(F)(D) No A vehicle, driver, or occupant in a vehicle may must not be searched, nor may consent to search be requested by a law enforcement officer, solely because of a violation of this article or a stop made under subsection (B)(1). If a vehicle is stopped solely for a violation of this article, a law enforcement officer may not search the driver, the passengers, and the vehicle unless the search is for a separate and distinct offense.
(E) A law enforcement officer must not stop a driver for a violation of this article except when the officer has probable cause that a violation has occurred based on his clear and unobstructed view of a driver or an occupant of the motor vehicle who is not wearing a safety belt or is not secured in a child restraint system as required by Article 47 of this chapter.
(F) A person must not be adjudicated to be in violation of this article except upon proof beyond a reasonable doubt.
(G) A person charged with a violation of this article may admit or deny a violation of this article, enter a plea of nolo contendere, or be tried before either a judge or a jury. If the trier of fact determines beyond a reasonable doubt that the person was not wearing a safety belt at the time of the incident, the penalty is a civil fine pursuant to Section 56-5-6540. If the trier of fact determines that the person was wearing a safety belt, no penalty shall be assessed.
(H) A person found to be in violation of this article may bring an appeal to the court of common pleas pursuant to Section 18-3-10 or Section 14-25-95." /
Renumber sections to conform.
Amend title to conform.
Senator GROOMS explained the amendment.
Senator RYBERG argued contra to the adoption of the amendment.
Senator RYBERG moved to lay the amendment on the table.
The amendment was laid on the table.
Senator GROOMS proposed the following Amendment No. 20 (1R015.LKG), which was carried over:
Amend the bill, as and if amended, SECTION 3, page 3, by striking lines 22 through 42 and page 4 by striking lines 1 through 26 and inserting:
/ (B) A law enforcement officer must not stop a driver for a violation of this article in the absence of another violation of the motor vehicle laws except as follows: issue a citation to a driver or a passenger for a violation of this article when the stop is made in conjunction with a driver's license check, safety check, or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time, except when the driver is cited for violating another motor vehicle law. The driver and any passenger shall be required to buckle up before departing the checkpoint and should the driver or the passenger refuse, then the person refusing may be charged with a primary violation.
(1) when the officer has probable cause for a violation of this article based on his clear and unobstructed view of a driver seventeen years of age or younger or an occupant of the motor vehicle seventeen years of age or younger who is not wearing a safety belt or is not secured in a child restraint system as required by Article 47; or
(2) when the stop is made in conjunction with a driver's license check or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time.
(C) A citation for a violation of this article, except for a citation issued pursuant to a stop made under subsection (B)(1), must not be issued without citing the violation that initially caused the officer to effect the enforcement stop.
(D) A citation issued pursuant to a stop made under subsection (B)(1) may be issued without citing any other violation.
(E)(C) A violation of this article does is not constitute negligence per se or contributory negligence, and is not admissible as evidence in a civil action.
(F)(D) No A vehicle, driver, or occupant in a vehicle may must not be searched, nor may consent to search be requested by a law enforcement officer, solely because of a violation of this article or a stop made under subsection (B)(1). If a vehicle is stopped solely for a violation of this article, a law enforcement officer may not search the driver, the passengers, and the vehicle unless the search is for a separate and distinct offense.
(E) A law enforcement officer must not stop a driver for a violation of this article except when the officer has probable cause that a violation has occurred based on his clear and unobstructed view of a driver or an occupant of the motor vehicle who is not wearing a safety belt or is not secured in a child restraint system as required by Article 47 of this chapter.
(F) A person must not be adjudicated to be in violation of this article except upon proof beyond a reasonable doubt.
(G) A person charged with a violation of this article may admit or deny a violation of this article, enter a plea of nolo contendere, or be tried before either a judge or a jury. If the trier of fact determines beyond a reasonable doubt that the person was not wearing a safety belt at the time of the incident, the penalty is a civil fine pursuant to Section 56-5-6540. If the trier of fact determines that the person was wearing a safety belt, no penalty shall be assessed.
(H) A person found to be in violation of this article may bring an appeal to the court of common pleas pursuant to Section 18-3-10 or Section 14-25-95." /
Renumber sections to conform.
Amend title to conform.
Senator GROOMS explained the amendment.
At 12:47 P.M., Senator KNOTTS made the point that a quorum was not present. It was ascertained that a quorum was not present.
In the absence of a quorum, Senator KNOTTS moved that the Senate stand adjourned.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Bryant Campsen Elliott Ford Grooms Hawkins Knotts Land Mescher Patterson Pinckney Scott Setzler Short
Alexander Cleary Courson Cromer Drummond Gregory Hayes Hutto Leatherman Lourie Malloy Martin McGill O'Dell Peeler Rankin Richardson Ritchie Ryberg Sheheen Williams
The Senate refused to adjourn.
Senator GROOMS continued arguing in favor of the adoption of the amendment.
Senator MARTIN asked unanimous consent to make a motion to carry over Amendment No. 20 and Amendment No. 5, give the Bill a second reading, and place the Bill on the Third Reading Calendar.
Senator JACKSON objected.
Senator GROOMS continued arguing in favor of the adoption of the amendment.
Senator MARTIN asked unanimous consent to make a motion to carry over Amendments Nos. 20, 5, and 21, give the Bill a second reading, and place the Bill on the Third Reading Calendar.
There was no objection.
Amendment No. 20 was carried over.
The Bill was read the second time, passed and ordered to a third reading.
Having received a favorable report from the Anderson County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Anderson County Magistrate, with term to commence April 30, 2004, and to expire April 30, 2007
William Daniel Sharp, 2404 East North Avenue, Anderson, S.C. 29625 VICE Thomas H. Williams
At 1:04 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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