Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, 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, hear the author of the Epistle to the Hebrews (13:18):
"Pray for us for we are confident that we have a good conscience, in all things desiring to live honorably."
Let us pray.
Almighty God, our Father, Your ears are open to the prayers of Your people. Lead us into the sanctuary of intercessory prayer. Help us to pray for those with whom we differ, that we each may come closer to each other as we come closer to You!
As we face problems, may we be able to be creative. Help us to find new doors and may we be willing to make new beginnings.
Renew our confidence in goodness, kindness and gentleness!
Amen!
At 12:05 P.M., Senator MARTIN made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MARTIN moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bryant Campsen Cleary Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Knotts Land Leventis Lourie Malloy Martin Matthews McConnell Mescher Moore Peeler Pinckney Richardson Ritchie Ryberg Scott Setzler Sheheen Short Smith, J. Verne Thomas Verdin Williams
A quorum being present, the Senate resumed.
Senator RANKIN recorded his presence subsequent to the Call of the Senate.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following were received:
Document No. 2801
Agency: Department of Health and Environmental Control
SUBJECT: Individual Sewage Treatment and Disposal Systems
Received by Lieutenant Governor January 29, 2003
Referred to Medical Affairs Committee
120 Day Period Tolled
Permanently Withdrawn April 19, 2005
Document No. 2967
Agency: Department of Insurance
SUBJECT: Workers' Compensation Advisory Board
Received by Lieutenant Governor March 15, 2005
Referred to Banking and Insurance Committee
120 Day Period Tolled
Permanently Withdrawn April 18, 2005
At 12:05 P.M., Senator GROOMS requested a leave of absence beginning at 12:30 P.M. today and lasting until 9:00 A.M. in the morning.
S. 681 (Word version) -- Senators Moore and Sheheen: A BILL TO AMEND SECTION 8-13-1300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF CAMPAIGN FINANCE CONTRIBUTION, SO AS TO PROVIDE THAT CONTRIBUTIONS EXPENDED TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE MUST BE DISCLOSED IN THE SAME MANNER AS CONTRIBUTIONS DISCLOSED PURSUANT TO SECTION 8-13-1308(F), BUT ARE NOT SUBJECT TO THE CONTRIBUTION LIMITS OF SECTION 8-13-1322; AND TO FURTHER DEFINE "CONTRIBUTION".
On motion of Senator FORD, with unanimous consent, the name of Senator FORD was added as a co-sponsor of S. 681.
S. 578 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 14-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF THE COMPUTER BY A COUNTY FOR DRAWING AND SUMMONING JURORS, SO AS TO PROVIDE THAT PHYSICAL PRESENCE OF JURY COMMISSIONERS IS NOT REQUIRED, THE DRAWING AND SUMMONING MUST TAKE PLACE PUBLICLY IN THE OFFICE OF THE CLERK OF COURT, AND THE SUPREME COURT SHALL DIRECT BY ORDER APPROPRIATE PROCEDURES REQUIRED TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
On motion of Senator FORD, with unanimous consent, the name of Senator FORD was added as a co-sponsor of S. 681.
H. 3935 (Word version) -- Reps. Rutherford, 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, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, G.R. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, APRIL 20, 2005, AS "LINKS DAY AT THE CAPITOL", TO RECOGNIZE THE SOUTH CAROLINA CHAPTER OF THE SOUTHERN AREA OF THE LINKS, INC., AND TO COMMEND THEM ON THEIR EFFORTS AND ADVOCACY IN SEEKING TO ELIMINATE HEALTH DISPARITIES IN THIS STATE.
Senator MATTHEWS asked unanimous consent to make a motion to recall the Resolution from the Committee on Medical Affairs.
There was no objection.
The Resolution was recalled from the committee.
Senator MATTHEWS asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Resolution, the question being the adoption of the Resolution.
Senator MATTHEWS asked unanimous consent to adopt the Resolution.
There was no objection.
The Concurrent Resolution was adopted, ordered returned to the House.
The following were introduced:
S. 767 (Word version) -- Senator Alexander: A SENATE RESOLUTION TO RECOGNIZE THE MANY ACCOMPLISHMENTS OF KAY K. FUKUSHIMA, PAST PRESIDENT OF LIONS CLUB INTERNATIONAL, AND WELCOME HIM TO THE LIONS CLUB CONVENTION IN GREENVILLE, SOUTH CAROLINA.
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The Senate Resolution was adopted.
S. 768 (Word version) -- Senator Ryberg: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND COLUMBIA COLLEGE ON 150 YEARS OF PROVIDING EXCEPTIONAL EDUCATIONAL AND LEADERSHIP OPPORTUNITIES FOR WOMEN AND TO WISH THE COLLEGE MUCH SUCCESS AS IT CONTINUES TO PROVIDE A QUALITY EDUCATION FOR MANY GENERATIONS TO COME.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 769 (Word version) -- Senator Hutto: A SENATE RESOLUTION TO CONGRATULATE AND EXTEND VERY BEST WISHES TO BEN WALLACE OF ALLENDALE COUNTY AS HE CELEBRATES HIS ONE HUNDREDTH BIRTHDAY THIS WEEK AND TO WISH HIM MANY MORE HAPPY BIRTHDAYS TO COME.
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The Senate Resolution was adopted.
S. 770 (Word version) -- Senator Ritchie: A BILL TO AMEND SECTION 1-23-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGENCY PROCEDURES FOR PROMULGATING REGULATIONS, SO AS TO TRANSFER PROVISIONS TO THIS SECTION REQUIRING AN AGENCY TO REFILE REGULATIONS IF A SUBSTANTIVE CHANGE IS MADE IN A WITHDRAWN REGULATION AND THE CHANGE WAS NOT CONSIDERED PREVIOUSLY; TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO PROCEDURES FOR GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO PROVIDE THAT REGULATIONS MUST STRIKE THROUGH TEXT PROPOSED TO BE DELETED AND MUST UNDERLINE NEW TEXT PROPOSED; TO PROVIDE THAT LEGISLATIVE COUNCIL SHALL NOTIFY ALL MEMBERS OF THE GENERAL ASSEMBLY WHEN REGULATIONS ARE SUBMITTED FOR REVIEW; TO PROVIDE THAT REGULATIONS ARE DEEMED WITHDRAWN IF NOT EFFECTIVE BY THE PUBLICATION DATE OF THE STATE REGISTER FOLLOWING THE END OF THE TWO YEAR LEGISLATIVE SESSION AND TO PROVIDE THAT SUCH REGULATIONS MAY BE RESUBMITTED FOR GENERAL ASSEMBLY REVIEW WITHOUT COMPLYING WITH ALL SECTIONS OF THE ADMINISTRATIVE PROCEDURES ACT IF NO CHANGES ARE MADE TO THE REGULATION; AND TO DELETE PROVISIONS REQUIRING STATE AGENCIES TO CONDUCT FIVE YEAR REVIEWS OF ALL REGULATIONS; TO AMEND SECTION 1-23-125, RELATING TO APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS, SO AS TO DELETE PROVISIONS TRANSFERRED TO SECTION 1-23-110 OF THIS ACT; AND TO ADD SECTION 1-23-121 SO AS TO PROVIDE THAT NO FEE OR FINE MAY BE ESTABLISHED, MODIFIED, OR INCREASED UNLESS AUTHORIZED THROUGH REGULATION PROMULGATED BY AN AGENCY WITHIN THAT AGENCY'S STATUTORY AUTHORITY.
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Read the first time and referred to the Committee on Judiciary.
S. 771 (Word version) -- Senators Leventis, Drummond, Jackson, Ford, Hutto and Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46 TO TITLE 44 ENACTING THE "BIOTECHNOLOGY ACT OF 2006" SO AS TO AUTHORIZE STEM CELL RESEARCH IN THIS STATE, AND AMONG OTHER THINGS, TO REQUIRE APPROVAL FROM AN INSTITUTIONAL REVIEW BOARD TO CONDUCT SUCH RESEARCH, TO PROHIBIT PURCHASING OR SELLING PREIMPLANTATION EMBRYOS FOR HUMAN EMBRYONIC STEM CELL RESEARCH, AND TO PROHIBIT HUMAN CLONING AND TO PROVIDE PENALTIES, TO PROVIDE FOR THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO LICENSE INSTITUTIONS CONDUCTING STEM CELL RESEARCH, TO FURTHER PROVIDE FOR THE REVIEW AND REGULATION OF SUCH RESEARCH, TO PROVIDE THAT AN EMPLOYEE OF AN INSTITUTION MAY NOT BE REQUIRED TO CONDUCT SUCH RESEARCH OR RELATED ACTIVITIES IF IT IS IN CONFLICT WITH THE EMPLOYEE'S RELIGIOUS BELIEFS, TO REQUIRE INFORMED CONSENT FOR DISPOSITION OF PREIMPLANTATION EMBRYOS FOR PATIENTS BEING TREATED FOR INFERTILITY, AND TO REQUIRE INFORMATION TO BE PROVIDED ON UMBILICAL AND PLACENTA DONATIONS.
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Senator LEVENTIS spoke on the Bill.
Read the first time and referred to the Committee on Medical Affairs.
S. 772 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 56-5-3650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTORCYCLE FOOTRESTS, HANDLEBARS, AND REAR VIEW MIRRORS, SO AS TO DELETE THE PROVISION THAT SPECIFIES THE SIZE AND POSITION OF A MOTORCYCLE'S HANDLEBARS.
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Read the first time and referred to the Committee on Transportation.
H. 3860 (Word version) -- Reps. Hayes, Witherspoon, Viers, Barfield, Frye, Miller, Rhoad, Hardwick, Battle, Ceips, Townsend, Vick, Coates and Duncan: A CONCURRENT RESOLUTION TO EXPRESS THE CONCERN OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY THAT PROPOSED CUTS IN FEDERAL FARM PROGRAMS BEING CONSIDERED AS PART OF THE FISCAL YEAR 2006 FEDERAL BUDGET WOULD PLACE A DISPROPORTIONATE BURDEN OF DEFICIT REDUCTION ON THE SHOULDERS OF OUR NATION'S FARM FAMILIES AND RURAL COMMUNITIES, AND TO REQUEST THE CONGRESS OF THE UNITED STATES TO PRESERVE CURRENT FARM PROGRAMS AND MAINTAIN THE COMMITMENTS MADE TO AMERICAN FARM FAMILIES, RURAL COMMUNITIES, AND LOW INCOME FAMILIES UNDER EXISTING UNITED STATES FARM POLICY.
The Concurrent Resolution was introduced and referred to the Committee on Agriculture and Natural Resources.
H. 3948 (Word version) -- Rep. M. Hines: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE ALLIE BROOKS, JR., OF FLORENCE FOR HIS TWENTY-NINE YEARS OF EDUCATING, MENTORING, AND LEADING STUDENTS AS PRINCIPAL OF WILSON HIGH SCHOOL, AND WISH HIM GOOD HEALTH AND HAPPINESS UPON HIS RETIREMENT.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3961 (Word version) -- Reps. Mack, 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, Loftis, Lucas, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF OUR FRIEND AND COLLEAGUE, THE HONORABLE WALTER P. LLOYD, A MEMBER OF THE HOUSE OF REPRESENTATIVES FROM DISTRICT 121, UPON HIS DEATH.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3962 (Word version) -- Reps. Govan, 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, 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, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA STATE UNIVERSITY GOSPEL CHOIR, THE UNITED VOICES OF CHRIST, UPON BEING NAMED THE 2005 NATIONAL COLLEGIATE GOSPEL CHOIR OF THE YEAR.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator HAWKINS from the Committee on Judiciary submitted a favorable with amendment report on:
S. 47 (Word version) -- Senators Cromer, Elliott, Fair and Ford: A BILL TO AMEND SECTION 16-3-652, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE, SO AS TO PROVIDE THAT A CONVICTION OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE CARRIES A MINIMUM TERM OF IMPRISONMENT OF TEN YEARS, NO PART OF WHICH MAY BE SUSPENDED OR PROBATION GRANTED; TO AMEND SECTION 16-3-653, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE, SO AS TO PROVIDE THAT A CONVICTION OF CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE CARRIES A MINIMUM TERM OF IMPRISONMENT OF FIVE YEARS, NO PART OF WHICH MAY BE SUSPENDED OR PROBATION GRANTED; AND TO AMEND SECTION 16-3-655, RELATING TO CRIMINAL SEXUAL CONDUCT WITH A MINOR, SO AS TO PROVIDE THAT AN ACTOR WHO HAS AT LEAST ONE PRIOR CONVICTION FOR A CRIME FOR WHICH THE ACTOR MUST REGISTER AS A SEX OFFENDER PURSUANT TO SECTION 23-3-430 AND WHO ENGAGES IN SEXUAL BATTERY WITH A VICTIM WHO IS LESS THAN SIXTEEN YEARS OF AGE IS GUILTY OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation submitted a favorable with amendment report on:
S. 138 (Word version) -- Senator Hayes: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 10 TO PROVIDE FOR THE REGISTRATION AND LICENSING OF ALL-TERRAIN VEHICLES.
Ordered for consideration tomorrow.
Senator RITCHIE from the Committee on Judiciary submitted a favorable with amendment report on:
S. 150 (Word version) -- Senators Campsen, Fair and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-240 TO ENACT THE "FAMILY COURT FINANCIAL PRIVACY ACT" SO AS TO PROVIDE THAT A FINANCIAL DECLARATION MADE A PART OF THE RECORD IN A MATTER BEFORE THE FAMILY COURT IS CONFIDENTIAL AND NOT SUBJECT TO DISCLOSURE TO THE PUBLIC; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO EXEMPTIONS FROM THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT FINANCIAL DECLARATIONS IN MATTERS BEFORE THE FAMILY COURT.
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation submitted a favorable with amendment report on:
S. 353 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 15, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PILOTS AND PILOTAGE, SO AS TO REVISE THE JURISDICTION OF THE COMMISSIONERS OF PILOTAGE FOR CHARLESTON AND GEORGETOWN AND PROVIDE THAT THESE ARE THE ONLY COMMISSIONERS OF PILOTAGE IN THIS STATE, AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH COMMISSIONERS ARE SELECTED AND OPERATE AND PILOTS ARE LICENSED, TRAINED, AND REGULATED.
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation submitted a favorable report on:
S. 466 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 56-3-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PERSONALIZED LICENSE PLATES BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT PERSONALIZED LICENSE PLATES ISSUED TO MEMBERS OF FEDERAL COMMISSIONS AND BOARDS EXPIRE JANUARY THIRTY-FIRST EACH YEAR IN WHICH A NEW SESSION OF THE GENERAL ASSEMBLY BEGINS.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:
S. 558 (Word version) -- Senators Knotts, Cromer and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-13-35 SO AS TO PROVIDE A METHOD FOR REVISING THE NUMBER OF BOARD APPOINTMENTS FOR DISTRICTS HAVING IN EXCESS OF ONE THOUSAND RESIDENTIAL CUSTOMERS; AND TO REPEAL ACT 379 OF 2004 RELATING TO THE ESTABLISHMENT OF THE GILBERT-SUMMIT RURAL COMMUNITY WATER DISTRICT IN LEXINGTON COUNTY.
Ordered for consideration tomorrow.
Senators MOORE from the Committee on Judiciary submitted a favorable with amendment report on:
S. 578 (Word version) -- Senators Martin and Ford: A BILL TO AMEND SECTION 14-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF THE COMPUTER BY A COUNTY FOR DRAWING AND SUMMONING JURORS, SO AS TO PROVIDE THAT PHYSICAL PRESENCE OF JURY COMMISSIONERS IS NOT REQUIRED, THE DRAWING AND SUMMONING MUST TAKE PLACE PUBLICLY IN THE OFFICE OF THE CLERK OF COURT, AND THE SUPREME COURT SHALL DIRECT BY ORDER APPROPRIATE PROCEDURES REQUIRED TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation submitted a favorable with amendment report on:
S. 596 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 56-7-10, AS AMENDED, RELATING TO THE USE OF THE UNIFORM TRAFFIC TICKET BY ALL LAW ENFORCEMENT OFFICERS, SO AS TO DELETE THE PROVISION THAT ALLOWS A LAW ENFORCEMENT AGENCY TO AUTOMATE THE ISSUANCE OF A UNIFORM TICKET IF APPROVED BY THE DEPARTMENT, AND PROVIDE THAT A LAW ENFORCEMENT AGENCY MAY UTILIZE COMPUTERS AND OTHER ELECTRONIC DEVICES TO ISSUE UNIFORM TRAFFIC CITATIONS AND STORE INFORMATION RESULTING FROM THE ISSUANCE OF A TRAFFIC CITATION IF THIS METHOD OF ISSUING A CITATION HAS BEEN APPROVED BY THE DEPARTMENT OF PUBLIC SAFETY; AND TO AMEND SECTION 56-7-30, AS AMENDED, RELATING TO THE PRINTING, ORDERING, AND PURCHASING OF UNIFORM TRAFFIC TICKETS, AND THE FILING OF THE VARIOUS COPIES OF THE TICKET WITH THE APPROPRIATE AGENCIES, SO AS TO PROVIDE THE PROCEDURE THAT A LAW ENFORCEMENT AGENCY THAT ISSUES UNIFORM TRAFFIC TICKETS IN AN ELECTRONIC FORMAT MUST DISTRIBUTE COPIES OF THE TICKET TO VARIOUS ENTITIES.
Ordered for consideration tomorrow.
Senator HAWKINS from the Committee on Judiciary submitted a majority favorable and Senator ANDERSON a minority unfavorable report on:
S. 654 (Word version) -- Senators Campsen, Peeler, Drummond, O'Dell, Knotts, Verdin, McGill, Cromer, Bryant, Mescher, Hawkins, Scott, Elliott and Fair: A BILL TO AMEND SECTION 23-31-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION THAT A PERSON MUST COMPLETE WHEN HE PURCHASES A PISTOL AND CERTAIN RESTRICTIONS PLACED ON A PERSON WHO PURCHASES A PISTOL, SO AS TO DELETE THE PROVISION THAT REQUIRES A PERSON TO COMPLETE THE APPLICATION, AND TO MAKE TECHNICAL CHANGES; AND TO AMEND SECTION 23-31-150, RELATING TO THE ISSUANCE, DURATION, CONDITIONS PLACED ON, AND FORFEITURE OF A FIREARMS RETAIL DEALER'S LICENSE, SO AS TO DELETE THE PROVISION THAT REQUIRES A RECORD TO BE MADE OF EVERY PISTOL SOLD ON A FIREARM TRANSACTION RECORD FORM, TO DELETE THE PROVISION THAT REQUIRES A DEALER TO MAKE AVAILABLE FOR INSPECTION BY THE STATE LAW ENFORCEMENT DIVISION ALL RECORDS HE IS REQUIRED TO MAINTAIN, AND TO DELETE THE PROVISION THAT PENALIZES A LICENSED DEALER FOR GIVING FALSE INFORMATION ON AN APPLICATION FOR PURCHASE OR TRANSFER OF A FIREARM.
Ordered for consideration tomorrow.
Senator HAWKINS from the Committee on Judiciary submitted a favorable with amendment report on:
S. 659 (Word version) -- Senators Campsen, Scott, Alexander, Ryberg, J. Verne Smith, Mescher, Drummond, Knotts, Malloy, Bryant, Elliott, Grooms, Cromer, Hutto, Sheheen, Pinckney, Verdin, Short, Leventis, Hawkins, Fair, O'Dell, McGill and Peeler: A BILL TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO REVISE THE PROCEDURES TO RENEW A CONCEALABLE WEAPONS PERMIT.
Ordered for consideration tomorrow.
Senator MOORE from the Committee on Judiciary submitted a favorable with amendment report on:
S. 681 (Word version) -- Senators Moore, Sheheen and Ford: A BILL TO AMEND SECTION 8-13-1300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF CAMPAIGN FINANCE CONTRIBUTION, SO AS TO PROVIDE THAT CONTRIBUTIONS EXPENDED TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE MUST BE DISCLOSED IN THE SAME MANNER AS CONTRIBUTIONS DISCLOSED PURSUANT TO SECTION 8-13-1308(F), BUT ARE NOT SUBJECT TO THE CONTRIBUTION LIMITS OF SECTION 8-13-1322; AND TO FURTHER DEFINE "CONTRIBUTION".
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation submitted a favorable report on:
S. 696 (Word version) -- Senators Sheheen, Elliott, Lourie and Malloy: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE AT THE AMTRAK STATION ON U.S. HIGHWAY 1 IN FRONT OF THE AMERICAN LEGION BUILDING IN CAMDEN THE "DONALD HARRY HOLLAND BRIDGE" IN HONOR OF THE LATE SENATOR DONALD HOLLAND OF KERSHAW.
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation submitted a favorable report on:
H. 3295 (Word version) -- Reps. Taylor, Duncan and M.A. Pitts: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE WALKWAY THAT EXTENDS FROM THE E. B. MORSE ELEMENTARY SCHOOL CAMPUS TO THE JOE R. ADAIR OUTDOOR EDUCATION CENTER THE "JOE R. ADAIR MEMORIAL WALKWAY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS WALKWAY CONTAINING THE WORDS "JOE R. ADAIR MEMORIAL WALKWAY".
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation submitted a favorable with amendment report on:
H. 3312 (Word version) -- Reps. Witherspoon and Vick: A BILL TO AMEND SECTION 56-3-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FARM TRUCK LICENSE FEES, SO AS TO REVISE THE DEFINITION OF THE TERM "FARM TRUCK".
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation submitted a favorable report on:
H. 3367 (Word version) -- Reps. Vick, Neilson, Jennings and Lucas: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE OVER THOMPSON CREEK IN THE TOWN OF CHESTERFIELD ON HIGHWAY 13-243 AS THE "BUCHANAN BRIDGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "BUCHANAN BRIDGE".
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation submitted a favorable report on:
H. 3389 (Word version) -- Reps. Ott, Cobb-Hunter, Govan and Rhoad: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME U.S. HIGHWAY 601 NORTH, FROM THE I-26 INTERCHANGE THROUGH JAMISON IN ORANGEBURG COUNTY TO THE ORANGEBURG COUNTY LINE, IN HONOR OF THE LATE F. HALL YARBOROUGH, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY CONTAINING THE WORDS "F. HALL YARBOROUGH MEMORIAL HIGHWAY".
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation submitted a favorable report on:
H. 3486 (Word version) -- Rep. Littlejohn: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF DEERWOOD DRIVE FROM ITS INTERSECTION WITH CEDAR LANE TO UNITED STATES HIGHWAY 176 BY-PASS IN THE TOWN OF PACOLET "CLARENCE PHILLIPS MCGEE MEMORIAL DRIVE", AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "CLARENCE PHILLIPS MCGEE MEMORIAL DRIVE".
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:
Ordered for consideration tomorrow.
Senator J. VERNE SMITH spoke on H. 3716.
Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:
H. 3717 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH spoke on H. 3717.
Senator RYBERG from the Committee on Transportation submitted a favorable report on:
H. 3787 (Word version) -- Reps. Taylor, M.A. Pitts and Duncan: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 101 FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 14 TO ITS INTERSECTION WITH INTERSTATE HIGHWAY 385 IN LAURENS COUNTY THE "CHARLES M. CULBERTSON MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "CHARLES M. CULBERTSON MEMORIAL HIGHWAY".
Ordered for consideration tomorrow.
S. 763 (Word version) -- Senator Ritchie: A CONCURRENT RESOLUTION TO RECOGNIZE THE WONDERFUL MUSIC CAREER OF MARSHALL CHAPMAN, A NATIVE OF SPARTANBURG, TO WELCOME HER TO COLUMBIA AS PART OF THE THREE RIVERS MUSIC FESTIVAL, AND TO PROCLAIM FRIDAY, APRIL 22, 2005, AS "MARSHALL CHAPMAN DAY" THROUGHOUT SOUTH CAROLINA IN HER HONOR.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 268 (Word version) -- Senators Peeler and Cleary: A BILL TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS, AND AMONG OTHER THINGS, TO PROVIDE THAT A BACHELOR OF ARTS OR BACHELOR OF SCIENCE DEGREE IS REQUIRED FOR LICENSURE, TO ESTABLISH LICENSURE BY ENDORSEMENT, TO PROVIDE THAT BY SEPTEMBER 30, 2008, ALL LICENSED OPTOMETRISTS MUST BE LICENSED AS THERAPEUTICALLY-CERTIFIED OPTOMETRISTS, AND TO PROVIDE TRANSITION PROVISIONS.
S. 16 (Word version) -- Senators Moore, McConnell, Elliott, Hayes, Verdin, Alexander, Fair and Knotts: A BILL TO AMEND SECTION 16-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE THE OFFENSE OF MANUFACTURING METHAMPHETAMINE AS A VIOLENT CRIME; TO AMEND SECTION 44-53-110, RELATING TO THE CONTROLLED SUBSTANCES ACT, SO AS TO AMEND THE DEFINITION OF "PARAPHERNALIA", ADD THE DEFINITIONS OF "COCAINE BASE" AND "METHAMPHETAMINE", AND DELETE THE DEFINITION OF "CRACK COCAINE, ICE, OR CRANK"; TO AMEND SECTION 44-53-365, RELATING TO THEFT OF CONTROLLED SUBSTANCES, SO AS TO INCLUDE THEFT OF PRECURSOR SUBSTANCES; AND TO AMEND SECTION 44-53-375, RELATING TO THE MANUFACTURE OF METHAMPHETAMINE, SO AS TO MAKE POSSESSION OF EQUIPMENT USED IN THE MANUFACTURE OF METHAMPHETAMINE PRIMA FACIE EVIDENCE OF THE INTENT TO MANUFACTURE, AND TO INCLUDE A PUNISHMENT SCHEDULE FOR POSSESSION OF EPHEDRINE, PSEUDOEPHEDRINE, AND PHENYLPROPANOLAMINE.
Senator RITCHIE explained the Bill.
S. 347 (Word version) -- Senators Lourie, Jackson, Mescher, Ford, Knotts, Cleary, Scott, Short, Patterson, Land, Cromer, Elliott, Ryberg, Grooms and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-25-210 SO AS TO MAKE IT A CRIME TO DEFACE, VANDALIZE, TAMPER WITH, OR REMOVE A POLITICAL CAMPAIGN SIGN, TO PROVIDE AN EXEMPTION, AND TO PROVIDE A PENALTY FOR VIOLATION.
Senator RITCHIE explained the Bill.
S. 580 (Word version) -- Senators Knotts, Grooms, Bryant, Reese, Ford, Verdin, Elliott, Short, Mescher, Patterson, Matthews, Land, Thomas, Rankin and Ryberg: A BILL TO AMEND SECTION 10-5-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCESSIBILITY COMMITTEE FOR THE BUILDING CODES COUNCIL, SO AS TO CLARIFY THAT THE COMMITTEE SHALL ADVISE THE COUNCIL ON MATTERS OF ACCESSIBILITY TO BUILDINGS, STRUCTURES, AND FACILITIES BY PERSONS WITH DISABILITIES.
S. 610 (Word version) -- Senators Fair, Campsen, O'Dell, Scott, Bryant, Cleary, Rankin, Williams, Thomas, Hayes and Cromer: A BILL TO AMEND SECTION 23-6-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CERTIFICATES THAT INDICATE THAT A PERSON HAS COMPLETED SUCCESSFULLY CERTAIN LAW ENFORCEMENT TRAINING, SO AS TO DELETE THE PROVISION THAT ALLOWS CANDIDATES FOR CERTIFICATION AS CLASS II-SCO (DEPARTMENT OF CORRECTIONS) IN ANY COUNTY WITH A PRISON SYSTEM THAT BORDERS ANOTHER STATE TO HOLD A DRIVER'S LICENSE ISSUED BY ANY JURISDICTION OF THE UNITED STATES, AND TO REPLACE IT WITH A PROVISION THAT ALLOWS CANDIDATES FOR CERTIFICATION AS STATE OR LOCAL CORRECTIONAL OFFICERS TO HOLD A DRIVER'S LICENSE ISSUED BY ANY JURISDICTION OF THE UNITED STATES.
The following Bills, having been read the second time, were ordered placed on the Third Reading Calendar:
S. 764 (Word version) -- Senator Short: A BILL TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION OF CHESTER
COUNTY, TO ABOLISH THE ELECTION COMMISSION AND THE REGISTRATION BOARD FOR CHESTER COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE ELECTION COMMISSION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE CHESTER COUNTY ELECTION COMMISSION AND THE CHESTER COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW CHESTER COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION ARE APPOINTED, AT WHICH TIME THE TERMS OF THE MEMBERS OF THE ELECTION COMMISSION AND REGISTRATION BOARD SHALL EXPIRE.
On motion of Senator SHORT, with unanimous consent, S. 764 was ordered to receive a third reading on Wednesday, April 20, 2005.
S. 660 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 40-3-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE REQUIREMENTS FOR ARCHITECTS, SO AS TO DELETE PROVISIONS PROVIDING PARTIAL CREDIT TO APPLICANTS FOR THOSE EXAMINATION SUBJECT AREAS PASSED.
S. 607 (Word version) -- Senators Lourie, J. Verne Smith, Anderson, Hayes, Land, Malloy, Ford, Elliott, Richardson, Matthews, Patterson, Grooms, McConnell, Short, Williams, Cleary, Leventis, Martin, Hutto, Scott, Thomas and Jackson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 7 TO TITLE 37 SO AS TO PROVIDE FOR THE LICENSING AND REGULATION OF CONSUMER CREDIT COUNSELING IN THIS STATE BY THE DEPARTMENT OF CONSUMER AFFAIRS INCLUDING DEFINITIONS, LICENSING REQUIREMENTS, A WRITTEN CONTRACT, A THOROUGH BUDGET ANALYSIS, A TRUST ACCOUNT WITH AT LEAST QUARTERLY ACCOUNTINGS TO THE CONSUMER, A SURETY BOND, A LIMITATION ON FEES, REPORTS TO THE DEPARTMENT, A LIST OF PROHIBITED ACTIVITIES, CIVIL AND CRIMINAL PENALTIES FOR A VIOLATION, AND MAKING A VIOLATION AN UNFAIR TRADE PRACTICE SUBJECT TO THE UNFAIR TRADE PRACTICES ACT.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Banking and Insurance.
The Committee on Banking and Insurance proposed the following amendment (BBM\10812MM05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Title 37 of the 1976 Code is amended by adding:
Consumer Credit Counseling
Section 37-7-101. As used in this chapter:
(1) 'Consumer' means consumer as defined in Section 37-1-301(10).
(2) 'Credit counseling organization' means a person providing or offering to provide to consumers credit counseling services for a fee, compensation, or gain, or in the expectation of a fee, compensation, or gain, including debt management plans.
(a) The business of credit counseling is conducted in this state if the credit counseling organization, its employees, or its agents are located in this state or if the credit counseling organization solicits or contracts with debtors located within this state.
(b) This term does not include the following when acting in the regular course of their respective businesses and professions:
(i) attorneys at law;
(ii) banks, fiduciaries, credit unions, savings and loan associations, and savings banks as duly authorized and admitted to transact business in the state of South Carolina;
(iii) a certified public accountant providing credit counseling advice pursuant to an accounting practice;
(iv) title insurers and abstract companies doing escrow business;
(v) judicial officers or others acting pursuant to court order;
(vi) nonprofit faith-based organizations; and
(vii) counselors certified by the South Carolina Housing Authority to the extent engaged in counseling pursuant to Chapter 23, High-Cost and Consumer Home Loans. These counselors must be certified by the Housing Authority pursuant to Section 37-23-40.
(3) 'Credit counseling service' means:
(a) receiving or offering to receive funds from a consumer for the purpose of distributing the funds among the consumer's creditors in full or partial payment of the consumer's debts;
(b) improving or offering to improve a consumer's credit record, history, or rating; or
(c) negotiating or offering to negotiate to defer or reduce a consumer's obligations with respect to credit extended by others.
(4) 'Credit counselor' means an employee or agent of a credit counseling organization engaging in services described in subsection (3) of this section.
(5) 'Creditor' means the person who grants credit in a consumer credit transaction or, except as otherwise provided, an assignee of a creditor's right to payment, but the term does not in itself impose on an assignee an obligation of his assignor. In the case of credit granted pursuant to a credit card, the 'person who grants credit' is the card issuer and not another person honoring the credit card.
(6) 'Debt management plan' or 'DMP' means a program in which an organization agrees to engage in debt settlement or debt pooling and distribution services on behalf of a consumer with the consumer's creditors and under which the consumer gives money or control of his funds to the organization for distribution to the consumer's creditors.
(7) 'Debt settlement' means any action or negotiation initiated or taken by or on behalf of a consumer with a creditor of the consumer for the purpose of obtaining debt forgiveness of a portion of the credit extended by the creditor to the consumer or a reduction of payments, charges, or fees payable by the consumer.
(8) 'Debtor' means the person or persons for whom the credit counseling service is performed.
(9) 'Department' means the South Carolina Department of Consumer Affairs.
(10) 'Licensee' means a person licensed pursuant to this chapter.
(11) 'Nonprofit organization' means a person exempt from taxation pursuant to 26 U.S.C. Section 501(c)(3) of the Internal Revenue Code.
(12) 'Person' means any individual, corporation, partnership, association, unincorporated organization, or other form of entity, however organized, including a nonprofit organization.
Section 37-7-102. A person may not engage in credit counseling services in South Carolina, whether or not the person has any office, facility, agent, or other physical presence in South Carolina, unless the person obtains from the department a license issued pursuant to this chapter.
Section 37-7-103. (A) A credit counseling organization may not offer or agree to offer credit counseling services in this State without first filing a surety bond with the department. The amount of the surety bond must equal or exceed the total amount of South Carolina clients' funds in the applicant's or licensee's trust account at the time of application for license or renewal, as determined by the department, but the surety bond must be at least twenty-five thousand dollars. The surety bond is conditioned upon the faithful accounting of all money collected upon accounts entrusted to a credit counseling organization engaged in the business of credit counseling or its employees and agents.
(B) The surety bond must be:
(1) approved by the department;
(2) executed by a surety company authorized by the laws of this State to transact business within this State;
(3) executed to the state of South Carolina;
(4) for the use of the state and any consumers with a cause of action against the credit counseling organization; and
(5) maintained for three years after revocation, denial, or failure to renew license.
Section 37-7-104. (A) A person required to be licensed as a credit counseling organization must submit to the department an application for a license on forms prescribed by the department. The applicant shall file an application with the department in writing, under oath:
(1) the name and address of each owner, officer, director, member, or partner of the applicant;
(2) a description of the ownership interest of any officer, director, member, partner, agent or employee of the applicant in the affiliate or subsidiary of the applicant or in another entity that provides a service to the applicant or a consumer relating to the applicant's credit counseling organization;
(3) a description of the applicant's consumer education program;
(4) financial statements for the applicant as of the most recent fiscal year;
(5) a current copy of the applicant's standard debt management plan;
(6) the surety bond required in section 37-7-103;
(7) consent to a criminal records check; and
(8) a list of all employees engaged in credit counseling services.
(B) Each application for a license as a credit counseling organization must be accompanied by a nonrefundable fee of one hundred dollars for each business location, an investigation fee of fifty dollars, and the actual cost of obtaining criminal history record checks.
(C)(1) The application for a license as a credit counselor must include:
(a) the name and address of the applicant;
(b) the name of the employer credit counseling organization;
(c) consent to a criminal records check; and
(d) description of the applicant's general fitness and character.
(2) The nonrefundable fee for an application for licensing as a credit counselor is forty dollars in addition to the actual cost of obtaining criminal history checks.
Section 37-7-105. (A) Licensees must complete at least twelve hours of continuing professional education every two years. At least six of the twelve hours must be earned in a live instructional setting as opposed to a correspondence course or similar instructional method. If the organization is a sole proprietorship or partnership, owners and partners must complete the required twelve hours of continuing professional education every two years. If the organization is a limited liability company or corporation, any member or president, chief executive officer, or other officer who has ownership interest of twenty-five percent or greater and who actively participates in the organization must complete the required twelve hours of continuing professional education every two years. The continuing professional education completed must be reported to the department every two years on a form approved by its showing the date and title of the courses taken, the teacher or sponsor of the course taken, and the hours of continuing professional education claimed for the course. If the course is taught in a classroom setting, fifty minutes of classroom contact equals one hour of continuing professional education. Course sponsors must maintain records of attendees for two years after the course.
(B) Documentation of attendance at the courses or correspondence courses completed must be maintained by the licensee and consists of a certificate of completion issued by the teacher or sponsor of the course showing the recommended number of hours of continuing professional education. This documentation is subject to inspection by the department for up to two years after the date of the course.
(C) The department shall:
(1) offer continuing professional education courses to assist licensees in obtaining the continuing professional education required by this chapter; and
(2) appoint two credit counselors and one representative of the department to a panel for two-year terms to approve courses offered by sponsors other than the department as to their qualifications as continuing professional education. The panel may conduct its meetings by way of a conference call. The department shall develop a questionnaire to ascertain the interest and background of potential members of this panel.
(D) If a licensee fails to complete his continuing professional education in a timely manner, the license expires and the licensee shall pay a penalty not in excess of one hundred dollars to renew the license.
(E) A licensee may request an administrative hearing to appeal the expiration of its license for failure to complete the continuing professional education requirements. A license may be renewed without penalty within thirty days after the expiration if the licensee completes the professional education requirements.
Section 37-7-106. The department may refuse to license an applicant or suspend or revoke a license or refuse to renew a license issued pursuant to this chapter if it finds, after notice and a hearing pursuant to the Administrative Procedures Act, that the applicant or his agent has:
(1) been convicted of a felony or of an offense involving fraud or dishonest dealing or moral turpitude within the past ten years;
(2) violated a provision of this chapter;
(3) used fraud or deceit in procuring the issuance of a license or renewal pursuant to this chapter;
(4) indulged in a continuous course of unfair conduct;
(5) been involved in insolvency, bankruptcy, receivership, or assignment for the benefit of creditors by a licensee; or
(6) violated a reasonable rule or regulation made by the department pursuant to this chapter.
Section 37-7-107. (A) Upon the filing of a complete application for a license, accompanied by the fee required, if the department finds that the financial responsibility and condition, character, qualifications, and general fitness of the applicant, and of the members if the applicant is a co-partnership, association, or limited liability company, and of the officers and directors if the applicant is a corporation, are such as to command the confidence of the community and to warrant belief that the business may be operated honestly, fairly, and in accordance with all applicable state and federal laws, it shall license the applicant and issue a license. If the department does not so find, it shall refuse to license the applicant and shall notify him of the denial.
(B) Upon the receipt of the license, a licensee may engage in the business for which the license is issued. The issued license is nontransferable and nonassignable.
(C) Each license issued to a licensee must state the address or addresses at which the business is to be conducted and must state fully the name of the licensee and the date of the license. A copy of the license must be posted prominently in each place of business of the licensee.
(D) A license issued pursuant to this section expires on December thirty-first of each year. A license must be renewed by filing with the department, at least thirty days before the expiration of the license, a complete renewal application, containing the information the department requires to determine the existence and effect of any material changes from the information contained in the applicant's original application, annual reports, or previous renewal application. Each credit counseling organization renewal application must be accompanied by a nonrefundable fee of one hundred dollars for each business location. Each credit counselor renewal application must be accompanied by a nonrefundable fee of forty dollars.
Section 37-7-108. A credit counseling organization, through its credit counselors, may not engage in credit counseling services or a debt management plan unless:
(1) the licensee provides the consumer with a credit education program designed to improve the financial literacy of the consumer;
(2) a thorough and written budget analysis is compiled and a copy delivered to the debtor. A licensee may not accept an account unless a written and thorough budget analysis indicates that the services are suitable for the debtor and that the debtor can reasonably meet the requirements of the budget analysis. The budget analysis must contain all of the following information about the debtor:
(a) name and address;
(b) marital status and number of dependents;
(c) amount and source of all employment compensation, payments from government programs, child support and alimony payments, and other income;
(d) number of exemptions claimed in the debtor's most recent federal income tax return;
(e) gross income for each pay period, type and amount of all payroll deductions, and net income for pay period;
(f) monthly home mortgage or rental payment. If the home mortgage payment does not include an escrow for real estate taxes, the budget analysis must contain the amount and due dates of the real estate taxes on the property;
(g) type and amount of all other fixed periodic payments;
(h) type and amount of food, clothing, utility, vehicle, insurance, and all other living expenses;
(i) a list of each creditor the licensee reasonably expects to participate in the plan and a list of each creditor the licensee reasonably expects not to participate in the plan;
(j) a list of DMPs the debtor is currently participating in with a party exempt pursuant to Section 37-7-101(2)(b), if applicable;
(k) if the debtor is currently participating in a debt management plan with a party exempted pursuant to Section 37-7-101(2)(b), written documentation of all the DMPs;
(l) a description of and amount owed for garnishments and judgments; and
(m) periodic amount available for payment toward a debt management plan;
(3) the organization provides a written document to the consumer in a form the consumer may keep that clearly and conspicuously contains the following statements and nothing else:
(a) that credit counseling services are not suitable for all consumers and that consumers may request information about other ways, including bankruptcy, to deal with indebtedness; and
(b) that the credit counseling services offered by the provider do not include secured debt, including a brief description of the most common type of secured debt such as mortgages and car loans, unless that service is offered.
Section 37-7-109. (A) Upon establishing a debt management plan for a debtor, a licensee may charge and receive a set-up fee as established by the department by regulation. If, within forty-five days of establishing the debt management plan, the lack of consent from the debtor's creditors causes the DMP to be no longer suitable for the debtor, the fee must be returned to the debtor and the debtor's account closed.
(B) Consent from the debtor's creditors must be recorded on a separate form to be kept in the debtor's file. The form must contain:
(1) a list of all the creditors;
(2) the manner in which consent was sought;
(3) the date of each contact;
(4) the name of the person contacted, if available;
(5) the response obtained from the person contacted;
(6) revised or special conditions or arrangements that condition the consent; and
(7) the date on which the required consent was secured.
(C) The consent of a creditor may be sought by sending a notice of a debt management plan to a creditor by appropriate means, including by telephone, facsimile, electronic mail, or first class mail. If the creditor does not respond within fourteen days after the sending of the notice, it is presumed that the creditor has given consent.
(D) If a payment under the debt management plan is sent to a creditor, acceptance of the payment or plan is presumed seven days after sending the payment.
Section 37-7-110. (A) A written contract is required. A service that requires any payment, fee, or other consideration may not be provided by a credit counseling organization for a consumer unless a written and dated contract for the purchase of those services, which meets the requirements of subsections (B) and (C), has been signed by the consumer. This section does not apply to the set up fee described in Section 37-7-109(A).
(B) A contract referred to in subsection (A) does not meet the requirements of this subsection unless it includes in writing:
(1) the name, address, and phone number of the consumer and licensee;
(2) a reasonable estimate of all payments and fees to be made by the consumer to the credit counseling organization over the term of the contract, including a maximum amount;
(3) a schedule of payments, including the amount and due date of each payment, that the consumer shall make to the licensee for disbursement to the consumer's creditors, and the terms applicable to any late payment of, or default on, the amount;
(4) full and detailed description of the services to be performed by the credit counseling organization including all guarantees of performance and an estimate of the date by which the performance of the services to be performed by the organization are to be completed or the length of the period necessary to perform those services. This period must not exceed five years from the original date of entering the contract;
(5) a list of each participating creditor of the consumer to which payments are to be made by the licensee under the debt management plan. At the time of execution of the DMP, a licensee shall have a good faith belief that the creditors listed in the DMP are to participate in the DMP. A licensee shall advise the consumer of changes by the creditor in accepting payments under the DMP within two business days upon learning of the changes. The listing must include the:
(a) amount owed to each creditor;
(b) amount of each payment;
(c) date on which each payment is to be made; and
(d) anticipated payoff date for each creditor;
(6) a list of each creditor not participating in the DMP; and
(7) a conspicuous statement in bold-face type, in immediate proximity to the space reserved for consumer's signature on the contract, that reads as follows, 'You may cancel this contract without penalty or obligation for any reason and at any time by giving ten days' written notice of rescission to the licensee. Once your services are canceled, you are entitled to a refund of all unexpended funds you have paid to the credit counseling organization'.
(C) The written contract must also contain a disclosure that the:
(1) licensee also may receive compensation from the consumer's creditors for providing credit counseling services to the consumer;
(2) licensee may not require, as a condition of entering into a DMP, a consumer to purchase any other product or service, or solicit or offer to sell any other product or service to the consumer during the term of the DMP;
(3) licensee may not require a voluntary contribution from a consumer for a service provided by the licensee to the consumer; and
(4) consumer may contact the department if the consumer has complaints about the credit counseling services received. The current phone number for the department must be included in the contract.
(D) The licensee must cancel a debt management agreement upon consumer request at any time for any reason. A consumer must give at least ten days' notice to the licensee of a request to cancel. A consumer who cancels a debt management agreement is entitled to a full refund of all unexpended funds that the consumer has paid to the licensee.
Section 37-7-111. (A) Funds paid to the licensee by or on behalf of a consumer for disbursement to the consumer's creditors must be deposited in a trust account established by the licensee for the benefit of debtors.
(B) A credit counseling organization shall:
(1) maintain separate records of account for each debtor to whom the licensee provides credit counseling services;
(2) deposit a payment from a debtor not later than one business day after receipt of the payment;
(3) disburse funds paid by or on behalf of a debtor to the debtor's creditors within five business days after receipt of the funds;
(4) correct misdirected payments resulting from an error by the licensee;
(5) upon request, give a debtor signed, dated receipts for funds received from a debtor under a DMP, or provide a means by which the consumer may view the status of the account electronically;
(6) keep all debtor funds separate and apart at all times from funds belonging to the licensee or any of its officers, employees, or agents and use debtor funds for no purpose other than paying bills, invoices, or accounts of the debtor;
(7) reconcile the trust account at least once a month. The reconciliation must ascertain the actual cash balance in the account and compare it with the sum of the escrow balances in each debtor's account. If the licensee has more than one trust account, each account must be scheduled and reconciled individually; and
(8) render an accounting to the debtor at least once every three months which must itemize the total amount received from the debtor, the total amount paid each creditor, the total amount each creditor has agreed to accept as payment in full on any debt owed by the debtor, the amount of charges deducted, and any amount held in the trust account on behalf of the debtor. A licensee also shall provide an accounting to a debtor within seven days after written demand, but no more that three times for each six-month period.
Section 37-7-112. A licensee may not charge a consumer a fee except as established by the department by regulation.
Section 37-7-113. A licensee shall provide the consumer with an individualized counseling and education session that at a minimum addresses the following topics: managing household finances, managing credit and debt, budgeting, and personal savings strategies.
Section 37-7-114. (A) Each credit counseling organization shall maintain and preserve in its licensed offices complete and accurate books, accounts, and records as the department may reasonably require to determine if the credit counseling organization is complying with the provisions of this chapter and rules and regulations adopted in furtherance of the provisions of this chapter. The books, accounts, and records must be maintained apart and separate from another business in which the organization is involved and must be retained for at least three years after the DMP is terminated.
(B) The records must contain all consumer information including, but not limited to, the debt management plan and extensions to it, payments, disbursements, charges, and correspondence.
(C) If the credit counseling organization's records are located outside the state, it shall provide the records to the department within three business days or, at the department's discretion, pay reasonable and necessary expenses for the department to examine them at the place where they are maintained.
Section 37-7-115. (A) Each credit counseling organization licensed pursuant to this chapter annually, on or before April fifteenth, shall file a written report with the department relating to the credit counseling organization business conducted during the preceding calendar year. The report shall be made under oath and shall be on a form prescribed by the department.
(B) Within ten business days after the occurrence of any of the following events a licensee shall file a written report with the department describing the event and its expected impact upon the licensee's business:
(1) the filing of bankruptcy, reorganization, or receivership proceedings by or against the licensee;
(2) the institution of a revocation, suspension, or other proceeding against the licensee by a governmental authority which is related to the licensee's credit counseling organization in any state;
(3) felony indictments or convictions of the licensee or any of its members, partners, directors, officers, trustees, beneficiaries, or principles, if known;
(4) any action taken by the Internal Revenue Service against a nonprofit licensee, its officers, directors, employees, agents, or other disqualified persons with respect to the organization within the meaning of Section 4958 of the Internal Revenue Code of 1986 as amended, including the imposition of penalties or excise taxes or the change, suspension, or revocation of the organization's tax exempt status;
(5) opening a new business location within this State; and
(6) other events the department may prescribe by regulation.
(C) A credit counselor licensed pursuant to this chapter shall file a report with the department within ten days of the occurrence of:
(1) felony indictments or convictions involving breach of trust, moral turpitude, fraud, or dishonest dealing; and
(2) other events the department may prescribe by regulation.
(D) Within thirty days of judgment against the licensee in a civil action relating to the DMP of a consumer who is a resident of South Carolina, a licensee shall file a written report with the department describing the event and its expected impact upon the licensee's business. The licensee shall advise the department within thirty days of any settlement or the result of any judgment entered.
(E) If a licensee fails to make a report required by this section, the department may require the licensee to pay a late penalty of fifty dollars for each day the report is overdue.
Section 37-7-116. (A) A licensee may not:
(1) obtain an agreement from a consumer waiving a right the consumer has pursuant to this chapter;
(2) charge a fee to a consumer if the consumer enters into a debt management plan with the licensee to rescind a DMP contract;
(3) advertise in a statement or representation with regard to the rates, terms, or conditions of credit counseling service in a manner that is false, misleading, or deceptive;
(4) require as a part of the agreement between the licensee and consumer the purchase of stock, insurance, commodity, service, or other property or interest in them;
(5) directly or indirectly accept payment or other consideration from a person for referring applicants to that organization;
(6) offer to pay or give any cash, fee, gift, bonus, premiums, reward, or other compensation to a person for referring a prospective customer to the licensee;
(7) unreasonably disclose information to third parties regarding the amounts owed by a consumer;
(8) make a fraudulent, deceptive, or misleading representation to obtain information about a consumer, to solicit business with a consumer, or otherwise in connection with providing services for or on behalf of any consumer;
(9) use unconscionable means to obtain a contract with a consumer or collect or attempt to collect a debt owed to the seller;
(10) engage in any unfair or deceptive act or practice in connection with a credit counseling service provided to a consumer, offering or establishing a term or condition in a contract with a consumer for providing the service, or any advertisement, or solicitation relating to the service;
(11) collect a payment from a consumer before the payment being earned as specifically defined in the contract between the licensee and the consumer;
(12) operate another business at the licensed location without authorization from the department;
(13) execute a contract or agreement to be signed by the consumer unless the contract or agreement is fully and completely filled in and finished;
(14) make loans to debtors;
(15) issue credit cards or act as an agent in procuring customers for a credit card company or a financial institution;
(16) purchase any debt or obligation of a consumer;
(17) receive or charge a fee in the form of a promissory note or other negotiable instrument other than check or a draft;
(18) represent that it is authorized or competent to furnish legal advice or perform legal services unless supervised by an attorney as required by South Carolina law; or
(19) compensate its employees on the basis of a formula that incorporates the number of consumers the employee signs to a debt management plan.
(B) A violation of this section renders a agreement between the licensee and the consumer void.
Section 37-7-117. (A) A person who violates this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than six months, or both. If it is determined by a court of competent jurisdiction that a violation is wilful, the court may impose a fine of not less than five hundred fifty dollars for each violation.
(B) A consumer injured or damaged by an act in violation of this chapter or regulation promulgated pursuant to it, whether or not there is a criminal conviction for the violation, may file a civil action to recover damages based on the violation with the following available remedies:
(1) actual damages, but not less than one thousand dollars;
(2) punitive damages; and
(3) the costs of the action, including reasonable attorney's fees.
(C) An action brought pursuant to this chapter must be commenced within three years from the latest of the:
(1) consumer's last transmission of funds to the credit counseling organization;
(2) credit counseling organization's last disbursement to the consumer's creditors;
(3) credit counseling organization's last accounting to the consumer; or
(4) date on which the consumer reasonably discovered or reasonably should have discovered the facts giving rise to the consumer's claim.
Section 37-7-118. A violation of a provision of this chapter is considered a violation of Section 39-5-20 of the South Carolina Unfair Trade Practices Act. A remedy pursuant to Section 39-5-20 of the South Carolina Unfair Trade Practices Act is cumulative of and in addition to those available pursuant to this chapter.
Section 37-7-119. (A) Upon the finding that an action of a licensee may be in violation of this chapter, or of a law or regulation of this State or of the federal government or an agency of them, the department, after reasonable notice to the licensee and an opportunity for the licensee to be heard, shall order it to cease and desist from the action.
(B) If the licensee fails to appeal the cease and desist order of the department in accordance with section 37-7-120 and continues to engage in the action in violation of the department's order, he is subject to a penalty of not less than one thousand nor more than two thousand five hundred dollars, in the discretion of the department, for each action he takes in violation of the department's order. The penalty provision of this section is in addition to and not instead of other provisions of law applicable to a licensee for the licensee's failure to comply with an order of the department.
(C) The department, upon the finding that a credit counseling organization has engaged intentionally or repeatedly in a course of conduct in violation of this chapter, may revoke the license temporarily or permanently, in its discretion, after reasonable notice to the organization and an opportunity for it to be heard and may increase a credit counseling organization's bond by a maximum of twenty-five thousand dollars to ensure that the public is protected adequately. The department also may impose upon persons violating the provisions of this chapter administrative fines of not more than five hundred dollars for each offense or not more than five thousand dollars for the same set of transactions or occurrences. Each violation constitutes a separate offense. The department, if it determines that the required bond must be increased, shall state in writing the reasons for the increase and immediately serve it upon the licensee. The credit counseling organization shall provide the new bond within thirty days or the department shall revoke the license of the credit counseling organization.
Section 37-7-120. Within thirty days after the final decision of the department and by written notice to the department, an aggrieved party may appeal the decision pursuant to Article 3, Chapter 23 of Title 1, the Administrative Procedures Act.
Section 37-7-121. The department may promulgate regulations necessary to effectuate the purposes of this chapter.
Section 37-7-122. All application and renewal fees collected by the department may be retained by the department and used to implement the provision of this chapter.
SECTION 2. If any portion of this chapter is determined to be invalid for any reason by a final nonappealable order of any court of this state or of a federal court of competent jurisdiction, then it must be severed from this chapter. All other provisions of this chapter must remain in full force and effect.
SECTION 3. This act takes effect six months after its approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator LOURIE 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. 57 (Word version) -- Senators Sheheen, Elliott and Ford: A BILL TO AMEND SECTION 56-3-1910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE TAGS TO CERTAIN HANDICAPPED PERSONS, SO AS TO DELETE THE TERM "LICENSE TAG" AND REPLACE IT WITH THE TERM "LICENSE PLATE", AND TO REVISE THE CRITERIA FOR THE ISSUANCE OF THE LICENSE PLATE; TO AMEND SECTION 56-3-1950, AS AMENDED, RELATING TO THE DEFINITION OF THE TERM "HANDICAPPED", AND THE REQUIREMENT THAT A LICENSED PHYSICIAN SHALL CERTIFY THAT A PERSON'S TOTAL AND PERMANENT DISABILITY SUBSTANTIALLY IMPAIRS HIS ABILITY TO WALK, SO AS TO REVISE THE DEFINITION OF THE TERM "HANDICAPPED" AND TO DELETE THE PROVISION RELATING TO THE CERTIFICATION OF A PERSON WHO IS TOTALLY AND PERMANENTLY DISABLED; TO AMEND SECTION 56-3-1960, AS AMENDED, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS, AND THE ISSUANCE AND DISPLAY OF HANDICAPPED LICENSE PLATES AND PLACARDS, SO AS TO DELETE THE PROVISION THAT PROVIDES FOR THE ISSUANCE OF HANDICAPPED LICENSE PLATES, AND TO REVISE THE PROVISIONS REGARDING THE CONTENT, ISSUANCE PROCEDURE, AND DISPLAY OF HANDICAPPED PLACARDS; TO AMEND SECTION 56-3-1965, RELATING TO MUNICIPALITIES DESIGNATING PARKING SPACES FOR HANDICAPPED PERSONS, SO AS TO REVISE THE PROCEDURES THAT ALLOW A HANDICAPPED PERSON TO PARK IN METERED OR TIMED PARKING PLACES WITHOUT BEING SUBJECT TO PARKING FEES OR FINES; AND TO AMEND SECTION 56-3-1971, AS AMENDED, RELATING TO THE ISSUANCE OF A UNIFORM PARKING VIOLATION TICKET, SO AS TO ALLOW CERTAIN VOLUNTEERS TRAINED BY A LAW ENFORCEMENT AGENCY TO ISSUE THESE TICKETS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.
The Committee on Transportation proposed the following amendment (SWB\6485CM05), which was adopted:
Amend the bill, as and if amended, Section 56-3-1910(E) as contained in SECTION 1, by deleting / must / on line 17, page 3 and inserting / may /
Amend the bill further Section 56-3-1960(C), as contained in SECTION 3, by deleting lines 35, 36, and 37 on page 6 and inserting: / (a) dark blue - permanently disabled; and
(b) red - temporarily disabled. /
Amend the bill further Section 56-3-1960(H), as contained in SECTION 3, by adding / The department may charge a fee of five dollars for an identification card. / after the / . / on line 13, page 7.
Amend the bill further Section 56-3-1960, as contained in SECTION 3, by adding after the period on line 25:
/ (K) A person who qualifies for a license plate under this section and also qualifies as a disabled veteran under Section 56-3-1110 must be issued the license plate provided for in this section free of charge. /
Amend the bill further by striking SECTION 5 on pages 7 and 8 in its entirety.
Amend the bill further by striking SECTION 6 on page 8 in its entirety and inserting:
/ SECTION 6. This act takes effect January 1, 2006. /
Renumber sections to conform.
Amend title to conform.
Senator RYBERG 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. 3257 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-15-15 SO AS TO PROVIDE THAT A PERSON RETIRED OR DISCHARGED FROM THE ARMED SERVICES OF THE UNITED STATES WHO HAS FILED HIS RELEASE OR DISCHARGE CERTIFICATE NOW KNOWN AS DD FORM 214 WITH THE CLERK OF COURT OF ANY COUNTY OF THIS STATE FOR SAFEKEEPING OR OTHER PURPOSES MAY INVALIDATE THIS FILING AND REMOVE IT FROM THE PUBLIC RECORDS PURSUANT TO SPECIFIED PROCEDURES.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the General Committee.
The General Committee proposed the following amendment (GJK\20418SD05), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 30-15-15. A person retired or discharged from the armed services of the United States who has filed his release or discharge certificate now known as DD Form 214 with the clerk of court of any county of this State for safekeeping or other purposes may invalidate this filing and remove it from the public records in the manner provided by this section. The person filing the certificate must notify the clerk of court in writing and under oath he wishes the certificate to be removed from the public records. The clerk of court shall remove the certificate from the public records and return the original to him if available and in possession of the clerk." /
Amend title to read:
/TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-15-15 SO AS TO PROVIDE THAT A PERSON RETIRED OR DISCHARGED FROM THE ARMED SERVICES OF THE UNITED STATES WHO HAS FILED HIS RELEASE OR DISCHARGE CERTIFICATE NOW KNOWN AS DD FORM 214 WITH THE CLERK OF COURT OF ANY COUNTY OF THIS STATE FOR SAFEKEEPING OR OTHER PURPOSES MAY INVALIDATE THIS FILING AND REMOVE IT FROM THE PUBLIC RECORDS PURSUANT TO SPECIFIED PROCEDURES./
Renumber sections to conform.
Senator MESCHER 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. 597 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-19-480, AS AMENDED, RELATING TO THE TRANSFER AND SURRENDER OF MOTOR VEHICLE CERTIFICATES OF TITLE, LICENSE PLATES, REGISTRATION CARDS, AND MANUFACTURERS' SERIAL PLATES OF VEHICLES SOLD AS SALVAGE, ABANDONED, SCRAPPED, OR DESTROYED, SO AS TO MAKE A TECHNICAL CHANGE, TO DELETE THE TERM "SALVAGED" AND REPLACE IT WITH THE TERM "TOTAL LOSS CLAIM", TO PROVIDE THAT THE PERCENTAGE OF THE TOTAL LOSS CLAIM MUST BE RECORDED ON THE TITLE NEXT TO THE BRAND OF "TOTAL LOSS CLAIM", AND TO DELETE THE PROVISION THAT A "VEHICLE DECLARED TO BE A TOTAL LOSS" IS SYNONYMOUS TO A "WRECKED VEHICLE" AND A "SALVAGE VEHICLE".
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.
The Committee on Transportation proposed the following amendment (SWB\6486CM05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 56-19-480 of the 1976 Code, as last amended by Act 52 of 2003, is further amended to read:
"Section 56-19-480. (A) An owner who scraps, dismantles, destroys, or in any manner disposes to another as wreckage total loss paid or salvage, a motor vehicle otherwise required to be titled in this State immediately shall mail or deliver to the department the vehicle's certificate of title notifying the department to whom the vehicle is delivered together with a report indicating the type and severity of any damage to the vehicle.
(B) If a vehicle is acquired by an insurance company in settlement of a claim to the vehicle by fire, flood, collision, or other causes, or is left with the claimant after being declared a total loss by the insurance company, the company or its agent immediately shall deliver to the department the certificate of title together with a report indicating the type and severity of damage to the vehicle. At such time as the insurance company may thereafter transfer the damaged vehicle, the company or its agent shall notify the department to whom the transfer was made on a form prescribed by the department. Notwithstanding another provision of law, when an insurance company obtains title to a vehicle from settling a total loss paid or salvage claim, the insurance company may obtain a title to the vehicle designated branded as 'total loss paid' or 'salvage'. The insurance company must pay the title fee contained in Section 56-19-420.
(C) All insurance companies which make payments on liability, collision, fire, theft, or comprehensive policies for damaged motor vehicles in this State shall allow department officials to examine all records of the company which pertain to payments made pursuant to the policies during normal working hours.
(D) Vehicles acquired by insurance companies as outlined above are exempt from ad valorem property taxes and inventory taxes, and the transfers of the vehicles to and from insurance companies exempt from sales taxes.
(E) If a salvage vehicle is rebuilt, a regular certificate of title may not again be issued except upon submission of an application stating that the vehicle has been rebuilt and containing the information ordinarily required by the department for the issuance of a certificate of title as well as any information the department may require about the identity of the vehicle, the source and cost of any parts used in, and the extent of any repairs or other work done to the vehicle. In addition, the department may require the vehicle to undergo an inspection by the Highway Patrol or someone authorized by the department to check the identity or the safety of the vehicle, or both. Any regular certificate of title issued by the department for a previously declared total loss paid or salvaged vehicle must be annotated to show that the vehicle was 'total loss paid-rebuilt' or 'salvaged-rebuilt' and the reason why the vehicle was declared a total loss paid or salvaged.
(F) The manufacturer's serial plate or vehicle identification number (VIN) plate must remain with the vehicle at all times until the vehicle is shredded, crushed, melted, or otherwise destroyed.
(G) For purposes of this section, a 'wrecked vehicle' a 'salvage vehicle', and a 'vehicle declared to be a total loss' are all synonyms and are is defined to be any motor vehicle which is damaged to the extent that the cost of repairing the motor vehicle, including both parts and reasonable market charges for labor, equal or exceed seventy-five percent of the fair market value of the motor vehicle. For purposes of this section, a 'total loss paid vehicle' is defined to be any motor vehicle which is damaged to the extent that the cost of repairing the motor vehicle, including both parts and reasonable market charges for labor, does not equal or exceed seventy-five percent of the fair market value of the motor vehicle. The provisions contained in this section do not apply to a motor vehicle that has a fair market value of two thousand dollars or less, or an antique motor vehicle as defined by Section 56-3-2210. When an insurance company is involved, the fair market value of the vehicle must be determined as of the date immediately before the event which gave rise to the claim. When an insurance company is not involved, then the fair market value must be determined as of the last day on which the vehicle was lawfully operated on a public highway or the last day on which it was registered, whichever is later.
(H) A person violating any provision of this section is guilty of a misdemeanor and, upon conviction, for a first offense, must be fined not less than two nor more than five hundred dollars, or imprisoned for not more than thirty days, or both. For a second or subsequent offense, the fine must not be less than five hundred dollars and not more than one thousand dollars or imprisonment for not more than one year, or both."
SECTION 2. This act takes effect one hundred eighty days after approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator RYBERG 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. 3682 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-35-125 SO AS TO ALLOW BENEFITS FOR INDIVIDUALS UNEMPLOYED AS A DIRECT RESULT OF DOMESTIC ABUSE, TO AMEND SECTION 41-31-125, RELATING TO THE ASSIGNMENT OF THE EMPLOYMENT BENEFIT RECORD OF AN EMPLOYMENT UNIT IN A BUSINESS ACQUISITION OR REORGANIZATION WITH CONTINUITY OF CONTROL FOR PURPOSES OF THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, SO AS TO REQUIRE A VIOLATION TO BE KNOWING RATHER THAN WILFUL AND TO DEFINE "KNOWINGLY" AND "KNOWING" AND TO REQUIRE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO ESTABLISH PROCEDURES TO IDENTIFY THE TRANSFER OF A BUSINESS, TO AMEND SECTION 41-35-120, RELATING TO DISQUALIFICATION FOR BENEFITS OF AN INSURED WORKER UNDER THE EMPLOYMENT SECURITY LAW, SO AS TO PROVIDE THE WORKER IS INELIGIBLE FOR BENEFITS IF HE REFUSES TO TAKE A DRUG TEST OR TESTS POSITIVE DURING A DRUG TEST FOR CERTAIN SUBSTANCES, TO PROVIDE THE REQUIREMENTS FOR DRUG TESTING AND TO ALLOW INFORMATION RECEIVED BY AN EMPLOYER IN A DRUG-TESTING PROGRAM TO BE RECEIVED IN EVIDENCE IN A PROCEEDING DETERMINING ELIGIBILITY FOR UNEMPLOYMENT COMPENSATION, AND TO AMEND SECTION 41-35-130, RELATING TO UNEMPLOYMENT PAYMENTS NOT CHARGEABLE TO A FORMER EMPLOYER, SO AS TO PROVIDE THAT BENEFITS PAID IN CONNECTION WITH A DOMESTIC ABUSE-RELATED JOB LOSS MUST NOT BE CHARGED TO THE ACCOUNT OF A CONTRIBUTING EMPLOYER.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator SHORT proposed the following amendment (H-3682 AMENDMENT), which was adopted:
Amend the bill, as and if amended, page 4, by striking lines 27-30 and inserting:
/ (B) the test was performed by a laboratory certified by the National Institute on Drug Abuse, the College of American Pathologists or the State Law Enforcement Division; and /
Amend further, page 4, by striking lines 35-37 and inserting:
/ (iv) For purposes of this item, 'unlawfully' means without a prescription. /
Renumber sections to conform.
Amend title to conform.
Senator SHORT explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
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.
On motion of Senator SETZLER, the Bill was carried over.
S. 719 (Word version) -- Senator Fair: A JOINT RESOLUTION TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS MAY UTILIZE INMATE LABOR UNTIL JULY 1, 2007, DURING THE CONSTRUCTION OR RENOVATION, OR BOTH, OF A FOOD SERVICE FACILITY AT THE STEVENSON CORRECTIONAL INSTITUTION AND THE RELOCATION OF A HOUSING UNIT FROM THE FORMER GREENWOOD WORK RELEASE FACILITY TO THE STEVENSON CORRECTIONAL INSTITUTION.
On motion of Senator SETZLER, the Joint Resolution was carried over.
S. 613 (Word version) -- Senators Fair and Hutto: A BILL TO AMEND SECTION 56-3-8000, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT ORGANIZATIONS SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT A PORTION OF THE FEES FOR THESE SPECIAL LICENSE PLATES MUST BE DISTRIBUTED TO THE ORGANIZATION THAT SPONSORS THE SPECIAL LICENSE PLATE, AND TO REVISE THE NUMBER OF PREPAID APPLICATIONS FOR A SPECIAL LICENSE PLATE AND THE DEPOSIT THAT MUST BE RECEIVED BY THE DEPARTMENT OF MOTOR VEHICLES FROM A NONPROFIT ORGANIZATION BEFORE A SPECIAL LICENSE PLATE MAY BE PRODUCED.
On motion of Senator RYBERG, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator McCONNELL, the Senate agreed that, when the Senate adjourns today, it stand adjourned to meet at 11:00 A.M. tomorrow, which motion was adopted.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
S. 573 (Word version) -- Senators McConnell, Verdin, Rankin, Courson, Elliott and Ford: A BILL TO AMEND SECTION 1-3-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFICERS WHO MAY BE REMOVED BY THE GOVERNOR FOR CAUSE, SO AS TO ADD THE DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY; TO AMEND SECTION 15-78-60, RELATING TO GOVERNMENTAL IMMUNITY, SO AS TO PROVIDE THAT THE PUBLIC SERVICE AUTHORITY IS NOT LIABLE FOR CERTAIN LOSSES RESULTING FROM CONDUCT OF A DIRECTOR OF THE AUTHORITY; TO AMEND SECTION 15-78-70, RELATING TO THE LIABILITY OF A GOVERNMENTAL EMPLOYEE, SO AS TO PROVIDE THAT A DIRECTOR OF THE PUBLIC SERVICE AUTHORITY IS NOT IMMUNE FROM LIABILITY FOR CERTAIN CONDUCT AND TO PROVIDE THAT THE INSURANCE RESERVE FUND IS PROHIBITED FROM PROVIDING INSURANCE COVERAGE FOR THAT INDIVIDUAL LIABILITY; TO AMEND SECTION 58-3-530, RELATING TO THE DUTIES AND FUNCTIONS OF THE STATE REGULATIONS OF PUBLIC UTILITIES REVIEW COMMITTEE, SO AS TO ADD THE DUTY TO SCREEN CANDIDATES FOR THE BOARD OF DIRECTORS OF THE PUBLIC SERVICE AUTHORITY; TO AMEND SECTION 58-31-20, RELATING TO THE BOARD OF DIRECTORS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO SET FORTH QUALIFICATIONS AND REQUIREMENTS FOR DIRECTORS AND TO PROVIDE FOR THE SCREENING OF DIRECTORS; TO AMEND SECTION 58-31-30, AS AMENDED, RELATING TO THE POWERS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO PROHIBIT THE AUTHORITY FROM DISPOSING OF CERTAIN PROPERTY WITHOUT PRIOR APPROVAL OF THE GENERAL ASSEMBLY OR FROM INQUIRING INTO THE FEASIBILITY OF DISPOSING OF ITS PROPERTY; BY ADDING SECTION 58-31-55 SO AS TO PROVIDE STANDARDS OF CONDUCT FOR DIRECTORS OF THE PUBLIC SERVICE AUTHORITY; BY ADDING SECTION 58-31-56 SO AS TO DEFINE CONFLICT OF INTEREST TRANSACTION; BY ADDING SECTION 58-31-57 SO AS TO PERMIT CUSTOMERS OF THE PUBLIC SERVICE AUTHORITY TO SUE DIRECTORS OF THE AUTHORITY FOR BREACH OF DUTY AND TO PROVIDE DAMAGES; AND TO AMEND SECTION 58-31-110, RELATING TO THE TRANSFER OF NET EARNINGS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE THAT ONLY THE NET EARNINGS NOT NECESSARY FOR THE OPERATION OF AND IN THE BEST INTEREST OF THE PUBLIC SERVICE AUTHORITY SHALL BE PAID TO THE STATE TREASURER AND USED TO REDUCE THE TAX BURDENS ON THE PEOPLE OF THE STATE.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
The Bill was read the third time, passed and ordered sent to the House of Representatives.
Senator RYBERG desired to be recorded as voting against the third reading of the Bill.
At 12:40 P.M., on motion of Senator McCONNELL, the Senate receded from business until 2:30 P.M.
The Senate reassembled at 2:46 P.M. and was called to order by the PRESIDENT.
Senator RYBERG wished the Journal to reflect that the third granddaughter of his Administrative Assistant, Gale Kennedy, was born today at 12:15 P.M. The proud parents of Virginia Jeannette Philips are Sunny and Jay Philips. Miss Virginia weighed 7 1/2 pounds and was 19 1/2" in length.
S. 708 (Word version) -- Senators McConnell, Leatherman, Land, Thomas, Drummond and Alexander: A BILL TO AMEND SECTION 8-13-770, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON MEMBERS OF THE GENERAL ASSEMBLY SERVING ON BOARDS AND COMMISSIONS, SO AS TO ADD THE COMMISSION ON INDIGENT DEFENSE TO THE LIST OF EXCEPTIONS; TO AMEND ARTICLE 3, CHAPTER 3, TITLE 17, RELATING TO THE COMMISSION ON INDIGENT DEFENSE, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION, TO REVISE THE DUTIES OF THE COMMISSION, THE OFFICE OF INDIGENT DEFENSE, AND THE EXECUTIVE DIRECTOR OF THE OFFICE OF INDIGENT DEFENSE, TO CREATE THE DIVISION OF APPELLATE DEFENSE WITHIN THE OFFICE OF INDIGENT DEFENSE, TO TRANSFER ALL DUTIES, RIGHTS, AND OBLIGATIONS OF THE FORMER COMMISSION AND OFFICE OF APPELLATE DEFENSE TO THE DIVISION OF APPELLATE DEFENSE, TO PROVIDE SPECIFICALLY FOR THE DUTIES AND OPERATION OF THE DIVISION OF APPELLATE DEFENSE, AND TO REPEAL CHAPTER 4, TITLE 17 RELATING TO THE COMMISSION AND OFFICE OF APPELLATE DEFENSE.
On motion of Senator HAWKINS, with unanimous consent, the name of Senator HAWKINS was added as a co-sponsor of S. 708.
THE SENATE PROCEEDED TO A CALL OF THE CONTESTED STATEWIDE AND LOCAL CALENDAR.
S. 506 (Word version) -- Senator Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-11-65 SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY TO PURCHASE A FIDELITY BOND ON ALL COUNTY OFFICIALS OR A PORTION OF THEM INSTEAD OF THE AMOUNT REQUIRED BY LAW AND REQUIRE A RESOLUTION TO BE ADOPTED BY THE COUNTY GOVERNING BODY WHEN A FIDELITY BOND IS USED TO REPLACE THE EXISTING BOND REQUIRED BY LAW, WHICH MUST MEET OR EXCEED THAT REQUIREMENT.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator MALLOY explained the Bill.
The Bill was read the third time, passed and ordered sent to the House of Representatives.
S. 637 (Word version) -- Senators Jackson, Malloy, J. Verne Smith, Matthews, Reese, Short, McGill, Leventis, Williams, Patterson and Pinckney: A BILL TO AMEND CHAPTER 68, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF STAFF LEASING SERVICES, SO AS TO CHANGE THE TERM "STAFF LEASING SERVICES" TO "PROFESSIONAL EMPLOYER ORGANIZATIONS" AND TO PROVIDE FOR THE LICENSURE AND REGULATION OF THESE ORGANIZATIONS THAT PROVIDE EMPLOYEES TO BUSINESSES GENERALLY ON A LONG TERM BASIS; AND AMONG OTHER THINGS, TO REQUIRE TWO YEARS OF INDUSTRY EXPERIENCE TO BE LICENSED AND TO PROVIDE A GRANDFATHER PROVISION FOR EXISTING LICENSEES PROVIDING THESE SERVICES; TO ESTABLISH CONTINUING EDUCATION REQUIREMENTS; TO AUTHORIZE THE DEPARTMENT OF CONSUMER AFFAIRS TO USE AN ASSURANCE ORGANIZATION TO CERTIFY THE QUALIFICATIONS OF A PROFESSIONAL EMPLOYER ORGANIZATION FOR LICENSURE; TO SPECIFY INSURANCE INFORMATION THAT AN ORGANIZATION MUST PROVIDE TO EMPLOYEES AND THE DEPARTMENT; AND TO FURTHER SPECIFY REQUIREMENTS WHEN PROVIDING EMPLOYEE INSURANCE.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
The Bill was read the third time, passed and ordered sent to the House of Representatives.
S. 719 (Word version) -- Senator Fair: A JOINT RESOLUTION TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS MAY UTILIZE INMATE LABOR UNTIL JULY 1, 2007, DURING THE CONSTRUCTION OR RENOVATION, OR BOTH, OF A FOOD SERVICE FACILITY AT THE STEVENSON CORRECTIONAL INSTITUTION AND THE RELOCATION OF A HOUSING UNIT FROM THE FORMER GREENWOOD WORK RELEASE FACILITY TO THE STEVENSON CORRECTIONAL INSTITUTION.
The Senate proceeded to a consideration of the Joint Resolution, the question being the third reading of the Joint Resolution.
Senator FAIR explained the Joint Resolution.
On motion of Senator MALLOY, the Joint Resolution was carried over.
S. 72 (Word version) -- Senators Ritchie, Jackson, Ryberg, Mescher, Richardson and Ford: A BILL TO AMEND SECTION 56-1-176, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL ATTENDANCE CONDITIONS ASSOCIATED WITH THE ISSUANCE OF CONDITIONAL AND SPECIAL RESTRICTED DRIVER'S LICENSES, SO AS TO PROVIDE THAT THESE AND ADDITIONAL CONDITIONS SHALL APPLY TO THE ISSUANCE OR REINSTATEMENT OF A BEGINNER'S PERMIT, CONDITIONAL DRIVER'S LICENSE, SPECIAL RESTRICTED DRIVER'S LICENSE, AND A REGULAR DRIVER'S LICENSE ISSUED TO A PERSON LESS THAN SEVENTEEN YEARS OF AGE, TO PROVIDE FOR THE SUSPENSION OF A PERSON'S PERMIT OR LICENSE IF HE FAILS TO COMPLY WITH THESE CONDITIONS, AND TO REQUIRE THAT THE SUSPENSION REMAIN IN EFFECT UNTIL THE PERSON HAS DEMONSTRATED COMPLIANCE WITH THESE CONDITIONS FOR ONE FULL SEMESTER SUBSEQUENT TO THE SEMESTER DURING WHICH HIS PERMIT OR LICENSE WAS SUSPENDED.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator MARTIN explained the Bill.
On motion of Senator MARTIN, the Bill was carried over.
S. 105 (Word version) -- Senators Ryberg and Elliott: A BILL TO REPEAL SECTION 56-1-475, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO A PERSON'S AUTHORITY TO OPERATE A MOTOR VEHICLE WHEN HE POSSESSES A VALID OUT-OF-STATE LICENSE ONCE THE PERIOD OF SUSPENSION OF HIS SOUTH CAROLINA DRIVER'S LICENSE HAS EXPIRED.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator HUTTO explained the Bill.
On motion of Senator LAND, the Bill was carried over.
S. 161 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 61-4-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SALE OF BEER OR WINE TO A MINOR SO AS TO PROVIDE THAT, IN ADDITION TO EXISTING PENALTIES, A PERSON WHO IS CONVICTED OF VIOLATING THIS SECTION FOR A THIRD OR SUBSEQUENT OFFENSE SHALL HAVE HIS DRIVER'S LICENSE SUSPENDED FOR THIRTY DAYS, NO PART OF WHICH MAY BE SUSPENDED BY THE COURT.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator ELLIOTT explained the Bill.
The Bill was read the second time, passed and ordered to a third reading.
S. 40 (Word version) -- Senator Richardson: A BILL TO AMEND ARTICLE 5, CHAPTER 5 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC LAWS, BY ADDING SECTION 56-5-830 SO AS TO AUTHORIZE LOCAL GOVERNMENTS TO ADOPT ORDINANCES FOR THE CIVIL ENFORCEMENT OF CERTAIN TRAFFIC LAWS BY THE USE OF TRAFFIC CONTROL SIGNAL MONITORING SYSTEMS; TO AMEND SECTION 14-25-45, RELATING TO THE JURISDICTION OF SUMMARY COURTS, SO AS TO PROVIDE FOR JURISDICTION OVER NONCRIMINAL CITATIONS ISSUED PURSUANT TO SECTION 56-5-830; AND TO AMEND SECTION 56-5-710, RELATING TO THE POWERS OF LOCAL AUTHORITIES TO ENFORCE TRAFFIC LAWS, SO AS TO ADD THE AUTHORITY TO ADOPT ORDINANCES FOR THE CIVIL ENFORCEMENT OF CERTAIN TRAFFIC LAWS BY THE USE OF TRAFFIC CONTROL SIGNAL MONITORING SYSTEMS.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
On motion of Senator RICHARDSON, the Bill was carried over.
S. 719 (Word version) -- Senator Fair: A JOINT RESOLUTION TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS MAY UTILIZE INMATE LABOR UNTIL JULY 1, 2007, DURING THE CONSTRUCTION OR RENOVATION, OR BOTH, OF A FOOD SERVICE FACILITY AT THE STEVENSON CORRECTIONAL INSTITUTION AND THE RELOCATION OF A HOUSING UNIT FROM THE FORMER GREENWOOD WORK RELEASE FACILITY TO THE STEVENSON CORRECTIONAL INSTITUTION.
Senator MALLOY asked unanimous consent to make a motion to take up the Joint Resolution for immediate consideration.
There was no objection.
The Senate resumed consideration of the Joint Resolution, the question being the third reading of the Joint Resolution.
The Joint Resolution was read the third time, passed and ordered sent to the House of Representatives.
S. 297 (Word version) -- Senators Gregory and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-15 SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES IS AUTHORIZED TO PRESCRIBE THE FORM OF ANY LICENSE, STAMP, PERMIT, OR TAGS ISSUED UNDER TITLE 50 AND IS AUTHORIZED TO PROVIDE FOR THEIR ELECTRONIC SALE AND DISTRIBUTION, TO ALSO AUTHORIZE THE DEPARTMENT FOR A FIVE-YEAR PERIOD TO COLLECT A ONE-DOLLAR SURCHARGE ON ANY LICENSE, STAMP, PERMIT, OR TAG ISSUED, AND TO PROVIDE FOR THE MANNER IN WHICH THIS SURCHARGE SHALL BE USED; AND TO AMEND SECTION 50-9-530, AS AMENDED, RELATING TO MIGRATORY WATERFOWL STAMPS, SO AS TO PROVIDE THAT THE FORM OF THE STAMP MUST BE AS PRESCRIBED BY THE DEPARTMENT; AND TO PROVIDE THAT ANY PICTORIAL STAMP MUST BE VALIDATED BY THE SIGNATURE OF THE LICENSEE WRITTEN ACROSS THE FACE OF THE STAMP.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.
Senator KNOTTS raised a Point of Order that the Bill was out of order inasmuch as it was violative of Article III, Section 15 of the S. C. Constitution which provides that all revenue-raising measures must originate in the House of Representatives.
Senator RICHARDSON spoke on the Point of Order.
Senator McCONNELL spoke on the Point of Order.
Senator GREGORY spoke on the Point of Order.
Senator HUTTO spoke on the Point of Order.
Senator MARTIN spoke on the Point of Order.
Senator MOORE made a Parliamentary Inquiry as to whether or not the Point of Order rested on whether the money raised was a new fee.
The PRESIDENT stated that the Point of Order was raised on the Bill being in violation of Article III, Section 15 of the S. C. Constitution.
Senator CAMPSEN spoke on the Point of Order.
The PRESIDENT took the Point of Order under advisement.
On motion of Senator PEELER, the Bill was carried over.
S. 499 (Word version) -- Senator Verdin: A BILL TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF VETERINARY MEDICINE, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE STATE BOARD OF VETERINARY MEDICINE INCLUDING, BUT NOT LIMITED TO, REVISING PROCEDURES FOR CONDUCTING HEARINGS, PROVIDING FOR LICENSURE BY ENDORSEMENT, AUTHORIZING STUDENT PRECEPTOR PROGRAMS, AND ESTABLISHING CERTAIN STANDARDS FOR EMERGENCY CARE FACILITIES AND MOBILE CARE REQUIREMENTS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
The Committee on Labor, Commerce and Industry proposed the following amendment (S-499 AMENDMENT), which was adopted:
Amend the bill, as and if amended, page 18, by striking lines 27-31 and inserting:
/ successors are appointed and qualify. The veterinary technician member and the consumer advocate member shall have the full rights and privileges of board membership, except for a vote on matters relating to the examination for licensure of a veterinarian. /
Amend further, beginning on page 19, by striking Section 40-69-20 in its entirety and inserting:
/ Section 40-69-20. As used in this chapter, unless the context clearly indicates otherwise:
(1) 'Animal' means an animal that is not a human and includes fowl, birds, reptiles, and fish which are wild or domestic, living or dead.
(2) 'Board' means the South Carolina State Board of Veterinary Medical Examiners.
(3) 'Direct supervision' means that a veterinarian currently licensed to practice veterinary medicine in this State is available on the premises and within immediate vocal communication of the supervisee.
(4) 'Emergency clinic' means a facility having as its primary function the receiving, treatment, and monitoring of emergency patients during its specified hours of operation.
(5) 'Emergency hospital' means a facility whose primary function is the receiving, treatment, and monitoring of emergency patients during its specified hours of operation and includes the confinement of emergency patients.
(6) 'Immediate supervision' means that a licensed veterinarian is within direct eyesight and hearing range.
(7) 'Indirect supervision' means the supervising licensed veterinarian is available for immediate voice contact by telephone, radio, or other means and shall provide consultation and review of cases at the veterinary facility.
(8) 'Investigative Review Committee' (IRC) means an investigative review panel appointed by the board chairman, in consultation with the other members of the board. The IRC must be comprised of four members who are former board members or other experienced licensed veterinarians. The Board chairman must appoint the chairman of the IRC. Veterinarian members of the IRC must have a current license issued pursuant to this chapter to be eligible to serve. The IRC shall review any complaint against a licensed veterinarian or veterinary technician and make a recommendation as to whether the board should proceed with formal action. The board must consider the recommendation of the IRC, but the final determination whether to proceed with formal action must be made by the board.
(9) 'License' means any permit, approval, registration, or certificate issued by the board.
(10) 'Licensed veterinarian' means a person who is licensed pursuant to this chapter to practice veterinary medicine in this State.
(11) 'Licensed veterinary technician' means a person who has received a degree in animal health technology from an American Veterinary Medical Association accredited school offering a program in animal health technology and who has been licensed to practice in this State. This person must be knowledgeable in the care and handling of animals, in the basic principles of normal and abnormal life processes, and in routine laboratory and clinical procedures. The performance of the licensed veterinary technician must be under the supervision of a veterinarian licensed to practice in this State.
(12) 'Mobile facility' means a vehicle with special medical or surgical facilities or a vehicle suitable only for making house or farm calls.
(13) 'Practice of veterinary medicine' means to:
(a) diagnose, prescribe, or administer a drug, medicine, biologic, appliance, or application or treatment of whatever nature for the cure, prevention, or relief of a wound, fracture, or bodily injury or disease of an animal;
(b) perform a surgical operation, including cosmetic surgery, upon an animal;
(c) perform a manual procedure for the diagnosis or treatment for sterility or infertility of an animal, including embryo transplants;
(d) offer, undertake, represent, or hold oneself out as being qualified to diagnose, treat, operate, or prescribe for an animal disease, pain, injury, deformity, or physical condition;
(e) use words, letters, or titles in such connection or under such circumstances as to induce the belief that the person using them is engaged in the practice of veterinary medicine.
(14) 'School of veterinary medicine' means a veterinary school or college that offers the D.V.M. or equivalent degree and whose course of study conforms to the standards required for accreditation by the American Veterinary Medical Association and approved by the board.
(15) 'Telemedicine' is an audio, video, or data communication of medical information.
(16) 'Temporary license' means temporary permission to practice veterinary medicine or animal technology issued pursuant to this chapter.
(17) 'Therapeutic options or alternate therapies' means, but is not limited to, the veterinary practice of acupuncture, manipulation and adjustment, magnetic field therapy, holistic medicine, homeopathy, herbology/naturopathy, massage, and physical therapy.
(18) 'Veterinarian' means a person who has received a doctor's degree or equivalent in veterinary medicine.
(19) 'Veterinary aide' means a nurse, attendant, intern, technician, or other employee of a veterinarian, other than a licensed veterinary technician.
(20) 'Veterinary medicine' includes veterinary surgery, obstetrics, dentistry, and all other branches or specialties of veterinary medicine.
(21) Veterinary student preceptee' means a person who is a student enrolled and in good standing in a recognized college of veterinary medicine. The student's presence in a practice may be as part of a normal preceptorship program of the college or as an informal arrangement between the student and a veterinarian licensed by the board. /
Amend further, page 23, by striking line 25 and inserting:
/ board or a person designated by the board may /
Amend further, page 23 by striking Section 40-69-90 in its entirety and inserting:
/ Section 40-69-90. (A) The board may receive complaints against a licensee from any person, including the board, and shall require the complaints to be submitted in writing and to be signed by the complainant. The person who is the object of the complaint must be provided a copy within five days of the receipt of the complaint. Upon request of the board, the department shall investigate the allegations in the complaint and make a report to the board concerning the investigation. If the Board determines further investigation is necessary the chairman must appoint an investigative review committee as provided in Section 40-69-20(8). The department must submit its investigative findings to the IRC along with any other additional information related to the investigation requested by any IRC member. The IRC must review the investigation and recommend to the board whether to proceed with formal action. If the board desires to proceed further, it may direct the department to file a formal complaint charging the licensee with a violation of this chapter or a regulation promulgated pursuant to this chapter. The board administrator shall notify the licensee in writing not less than sixty days before the hearing, and a copy of the formal complaint and the original complaint signed by the complainant must be attached to the notice. The notice must be served personally or sent to the licensee by mail, return receipt requested, directed to the last mailing address furnished to the board. The post office receipt signed by the licensee, the licensee's agent, or a responsible member of the licensee's household or office staff or if not accepted by the person to whom addressed, the postal authority stamp showing the notice refused is prima facie evidence of service of the notice.
(B) A licensee has the right to be present and present evidence and argument on all issues involved, to present and to cross-examine witnesses, and to be represented by counsel at the licensee's expense. For the purpose of these hearings, the board may require by subpoena the attendance of witnesses and the production of documents and other evidence and may administer oaths and hear testimony, either oral or documentary, for and against the licensee. /
Amend further, page 28, by striking lines 14-23 and inserting:
/ Section 40-69-190. (A) The board shall provide written acknowledgement of every initial complaint and notify the initial complainant in writing of the disposition of the matter. Although entitled to notice, an initial complainant is not a party to the proceeding and is not entitled to appeal or otherwise seek review of the dismissal or other disposition of the matter. The complainant has the right to be present at any disciplinary hearing but may only participate as a witness. /
Amend further, page 30, by striking lines 34-39 and inserting:
/ (1) is a graduate of a school or college of veterinary medicine accredited by the American Veterinary Medical Association or holds a certificate issued by the Education Commission of Foreign Veterinary Graduates or credentials issued by a credentialing entity approved by the board; and
(2) has paid the required fee. /
Amend further, page 32, by striking line 29 and inserting:
/ license after the applicant successfully completes the next regularly scheduled /
Amend further, page 33, by striking line 17 and inserting:
/ and upon fulfillment of continuing education, as required by the /
Amend further, page 34, by striking line 9 and inserting:
/ the American Association of Veterinary State Boards; and /
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the committee amendment.
The committee amendment was adopted.
Senator GROOMS proposed the following Amendment No. 1 (GROOMS AMENDMENT1), which was adopted:
Amend the bill, as and if amended, beginning on page 18 by striking Section 40-69-10 in its entirety and inserting:
/ Section 40-69-10. (A) There is created the State Board of Veterinary Medical Examiners to be composed of ten members, two of whom must be a consumer advocate members from the State at large, one of whom must be a licensed veterinary technician practicing in this State, one of whom must be a veterinarian from the State at large, and six of whom must be veterinarians representing each of the six congressional districts. Each veterinarian and veterinary technician must be a resident of the State, licensed by the State, and currently practicing with at least five years of clinical experience. Each veterinarian representing a congressional district must reside in the district that he represents. The consumer advocate members must be residents of the State. The terms of the members are for six years and until their successors are appointed and qualify. The chairman may only vote in the case of a tie vote by the Board.
(B) The veterinarian at large, the veterinary technician, and the consumer advocate members must be appointed by the Governor. The board shall conduct an election to nominate two veterinarians from each congressional district. The election must provide for participation by all veterinarians currently licensed and residing in the respective nominating district. The South Carolina Veterinary Technician Association shall submit up to two names to the Governor as recommendations for the veterinary technician member. The Governor shall also consider nominations from any other individual, group, or association. The names of the nominees must be forwarded to the Governor by the board and the Governor may appoint one of the nominees as the member; however, the Governor may reject any or all of the nominees upon satisfactory showing of the unfitness of those rejected. If the Governor declines to appoint any of the nominees submitted, additional nominees must be submitted in the same manner. All appointments by the Governor must be made with the advice and consent of the Senate. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.
(C) The Governor may remove a member of the board based on grounds provided for in Section 1-3-240. No member may be removed without first giving the member an opportunity to refute the charges filed against that member, and the member must be given a copy of the charges at the time they are filed.
(D) If a board member is disqualified and the member's absence results in the lack of a quorum or an adequate number of members to perform official functions, the Governor may appoint an individual to replace the member during the period of disqualification. This individual shall meet the same qualifications as the member being replaced and shall take the same oath as required of other members of the board. /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
Senator VERDIN spoke on the amendment.
Senator VERDIN moved to lay the amendment on the table.
By a division vote of 15-17, the Senate refused to table the amendment.
The question then was the adoption of the amendment.
The amendment was adopted.
Senator GROOMS proposed the following Amendment No. P2-1 (SWB\6426CM05):
Amend the amendment to the bill, as and if amended, sponsored by Senator GROOMS, dated March 16, 2005, bearing document name L:\ S-LCI\AMEND\GROOMS AMENDMENT, Section 40-69-190, by striking subsection (B) in its entirety and inserting:
/ (B) When formal charges are filed regarding allegations of misconduct, the formal charges and any answer shall become public thirty days after the filing of the answer or, if no answer is filed, thirty days after the expiration of the time to answer. Thereafter, all subsequent records and proceedings relating to the misconduct allegations must be open to the public inclusive of a letter of caution or admonition issued after the filing of formal charges. If allegations of incapacity are raised during the misconduct proceedings, all records, information and proceedings relating to these allegations shall be held confidential. /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
Senator THOMAS spoke on the amendment.
Senator VERDIN spoke on the amendment.
At 4:16 P.M., Senator MARTIN assumed the Chair.
Senator VERDIN spoke on the amendment.
Senator McCONNELL spoke on the amendment.
Senator McCONNELL moved that the amendment be adopted.
On motion of Senator PEELER, with unanimous consent, debate was interrupted by adjournment.
On motion of Senator MOORE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Rudolph "Buster" Beard of Clearwater, S.C.
At 4:59 P.M., on motion of Senator PEELER, the Senate adjourned to meet tomorrow at 11:00 A.M.
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