Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 10:30 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, what a time to read these words from the Book called Hebrews (10:22):
"Let us draw near to God with a true heart in full assurance of faith."
Let us pray.
Father, You are the God of Grace! You are the God of Glory!
Blessed Lord, Blessed Lord, we have just two days to go... just two days to make the decisions most needed by our people. We bring our burdens to You. Help us to link our needs to Your will!
We claim the promise of the Psalmist when he proclaimed to the ages, "Cast your burden on the Lord and He will sustain you."
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
At 10:50 A.M., Senator FORD requested a leave of absence beginning at 7:00 P.M. and lasting until 10:00 A.M. Thursday morning.
At 11:10 A.M., Senator RANKIN requested a leave of absence beginning at 4:30 P.M. and lasting until 9:00 A.M. Thursday morning.
H. 4044 (Word version) -- Rep. Ott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-32 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HUNT WATERFOWL IN CALHOUN COUNTY ON CERTAIN PORTIONS OF LAKE MARION WITHIN TWO HUNDRED YARDS OF A RESIDENCE WITHOUT WRITTEN PERMISSION OF THE OWNER AND OCCUPANT AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Senator LAND asked unanimous consent to make a motion to recall the Bill from the Committee on Fish, Game and Forestry.
There was no objection.
The Bill was recalled from the Committee on Fish, Game and Forestry.
On motion of Senator LAND, with unanimous consent, the Bill was taken up for immediate consideration.
On motion of Senator LAND, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator LAND, with unanimous consent, H. 4044 was ordered to receive a third reading on Thursday, June 2, 2005.
The following were introduced:
S. 906 (Word version) -- Senators McConnell, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Matthews, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, J. Verne Smith, Thomas, Verdin and Williams: A SENATE RESOLUTION TO COMMEND THE HONORABLE DAVID HORTON WILKINS OF GREENVILLE FOR HIS DISTINGUISHED SERVICE AS SPEAKER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES SINCE 1994 AND TO CONGRATULATE HIM UPON THE OCCASION OF HIS APPOINTMENT AS THE AMBASSADOR OF THE UNITED STATES TO CANADA.
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Whereas, the members of the South Carolina Senate have learned with deep and sincere regret that one of the longest serving House Speakers in the country, the Honorable David Horton Wilkins, will retire this year from the House of Representatives to embark on a new venture as the Ambassador of the United States to Canada; and
Whereas, Speaker Wilkins has served his district, Greenville County, and the State of South Carolina with ability and distinction since his first election in 1980; and
Whereas, he and his wife, Susan, are blessed with two wonderful children, James and Robert; and
Whereas, Speaker Wilkins holds an undergraduate degree from Clemson University and a Juris Doctorate from the University of South Carolina School of Law. He has also received honorary degrees from Clemson University, the University of South Carolina, The Citadel, Francis Marion University, and the Medical University of South Carolina; and
Whereas, after serving in the United States Army, Speaker Wilkins returned to Greenville, established a well respected law firm, and played a vital part in the community for more than thirty years; and
Whereas, his public service career began by being elected to represent District Twenty-Four in the South Carolina House of Representatives in 1980. His talents were quickly recognized by his colleagues who chose him to serve six years as Chairman of the House Judiciary Committee and two years as Speaker Pro Tempore before being elected as the first Republican Speaker of the South Carolina House of Representatives in a century on December 6, 1994; and
Whereas, during his twenty-five years in the Legislature, Speaker Wilkins' imprint has been on most major reform initiatives enacted by the General Assembly. He was instrumental in crafting the legislation on South Carolina's historic welfare reform and property tax relief packages, the cutting-edge education accountability reform, establishment of LIFE scholarships, as well as reforms to our judicial system, government structure, and truth-in-sentencing laws. He also played a key role in solving many contentious issues facing our State; and
Whereas, throughout his distinguished career, Speaker Wilkins has received numerous awards including the 2004 Excellence in State Legislative Leadership Award from the National Conference of State Legislatures, 2004 Distinguished Service Award from the South Carolina Municipal Association, 2001 Distinguished Service Award from the South Carolina Association of Counties, and the 2000 Palmetto Leadership Award from the South Carolina Policy Council; and
Whereas, Speaker Wilkins is known for his friendship and strong support of President George W. Bush, having served as Co-Chair of the South Carolina Bush for President campaign in 2000 and as State
Whereas, we in the Senate will miss the steadfast leadership that Speaker Wilkins has brought to the Legislature as well as his willingness to listen and ability to act in a fair and responsive manner; and
Whereas, Speaker Wilkins' significant diplomatic and persuasive skills will continue to be utilized as he embarks on his new career as Ambassador Extraordinary and Plenipotentiary of the United States to Canada, and although his presence in the General Assembly will be greatly missed, we are proud that one of the Palmetto State's most prominent citizens has been selected to become our nation's personal representative in Canada. Now, therefore,
Be it resolved by the Senate:
That the members of the South Carolina Senate, by this resolution, commend the Honorable David Horton Wilkins of Greenville for his distinguished service as Speaker of the South Carolina House of Representatives upon the occasion of his retirement from the House and wish him Godspeed as he becomes the Ambassador of the United States to Canada.
Be it further resolved that a copy of this resolution be forwarded to David H. Wilkins, Speaker of the South Carolina House of Representatives.
The Senate Resolution was adopted.
Senator MARTIN asked unanimous consent to make a motion that the Privilege of the Floor be extended to Speaker Wilkins.
On behalf of the entire Senate, the PRESIDENT Pro Tempore presented a Resolution to Speaker David Wilkins extending the Senate's congratulations upon his appointment as the new United States Ambassador to Canada and wishing him well in his new career.
Speaker Wilkins addressed the Senate with brief remarks.
S. 907 (Word version) -- Senator Scott: A SENATE RESOLUTION TO CONGRATULATE NOELLE THOMPSON OF DORCHESTER
The Senate Resolution was adopted.
S. 908 (Word version) -- Senator McGill: A SENATE RESOLUTION TO HONOR AND RECOGNIZE REBECCA FLEMING FOR HER EXTRAORDINARY EFFORTS AS AN OUTSTANDING PUBLIC SERVANT, MOST RECENTLY AS AN EMPLOYEE OF THE OFFICE OF LIEUTENANT GOVERNOR ANDRÉ BAUER, AND TO EXTEND TO HER BEST WISHES IN ALL FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 909 (Word version) -- Senators Fair, Bryant, Campsen, Verdin and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-160 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL IMPLEMENT POLICIES AND A CURRICULUM THAT PROVIDES A QUALITY SCIENCE EDUCATION THAT ADEQUATELY PREPARES STUDENTS TO DISTINGUISH DATA AND TESTABLE THEORIES OF SCIENCE FROM RELIGIOUS OR PHILOSOPHICAL CLAIMS THAT ARE MADE IN THE NAME OF SCIENCE.
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Read the first time and referred to the Committee on Education.
S. 910 (Word version) -- Senators Knotts and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-39 SO AS TO REQUIRE NURSES TO WEAR AN IDENTIFICATION BADGE; TO AMEND SECTION 40-33-32, RELATING TO NURSING LICENSURE REQUIREMENTS, SO AS TO REVISE THE TYPE OF DOCUMENT THAT MUST BE SUBMITTED FOR PROOF OF IDENTITY AND AGE; TO AMEND SECTION 40-33-34, RELATING TO THE SCOPE OF PRACTICE AUTHORIZED FOR VARIOUS LEVELS OF NURSING AND
Read the first time and referred to the Committee on Medical Affairs.
S. 911 (Word version) -- Senators Pinckney and Matthews: A BILL TO AMEND ACT 584 OF 1946, RELATING TO THE ESTABLISHMENT OF THE WALTERBORO-COLLETON COUNTY AIRPORT COMMISSION, SO AS TO ALLOW THE COLLETON COUNTY LEGISLATIVE DELEGATION TO APPOINT THE MEMBERS OF THE COMMISSION AND TO PROVIDE FOR THE ELECTION OF NEW COMMISSIONERS.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
S. 912 (Word version) -- Senator Matthews: A SENATE RESOLUTION TO HONOR AND RECOGNIZE ELIANA YVETTE PINCKNEY OF JASPER COUNTY ON THE OCCASION OF HER FIRST BIRTHDAY AND TO EXTEND BEST WISHES TO HER FOR CONTINUED GROWTH, HEALTH, AND HAPPINESS.
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The Senate Resolution was adopted.
S. 913 (Word version) -- Senator Anderson: A CONCURRENT RESOLUTION TO COMMEND BISHOP ETHEL M. TALBERT-SPEARMAN, FOUNDER AND PASTOR OF FAITH CATHEDRAL, INC. AND THE BISHOP OF THE LOOK UP AND LIVE MINISTRIES, FOR HER DEDICATION TO COMMUNITY SERVICE AND HER UNYIELDING COMMITMENT TO THE LORD ALMIGHTY.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 914 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE THE ACCOMPLISHMENTS OF WIILIAM M. MACKIE, JR. UPON HIS RETIREMENT AS PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE SOUTH CAROLINA STUDENT LOAN CORPORATION AND EXTEND BEST WISHES TO HIM IN HIS FUTURE ENDEAVORS.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 915 (Word version) -- Senators Grooms, Matthews and Pinckney: A SENATE RESOLUTION COMMENDING THE HONORABLE WILLIAM HARRY CONE, JR. OF COLLETON COUNTY FOR SIXTEEN YEARS OF SERVICE AS MAYOR OF WALTERBORO UPON THE OCCASION OF HIS RETIREMENT AND TO EXTEND TO HIM BEST WISHES IN ALL OF HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
H. 4188 (Word version) -- Reps. Townsend, Agnew, Cooper, Martin, Thompson and White: A BILL TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO ADD AND REVISE CERTAIN VOTING PRECINCTS IN ANDERSON COUNTY, TO REDESIGNATE A
Read the first time and referred to the Committee on Judiciary.
H. 4190 (Word version) -- Rep. Leach: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENVILLE COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF GREENVILLE COUNTY, TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC LANGUAGE.
Read the first time and referred to the Committee on Judiciary.
H. 4221 (Word version) -- Rep. Miller: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-35 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HUNT MIGRATORY WATERFOWL IN GEORGETOWN COUNTY IN CERTAIN PORTIONS OF MURRELL'S INLET CREEK WITHIN ONE HUNDRED YARDS OF A RESIDENCE OR BUSINESS.
Read the first time and, on motion of Senator CLEARY, with unanimous consent, H. 4221 was ordered placed on the Calendar without reference.
H. 4248 (Word version) -- Rep. Edge: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE DIANNA BROUTHERS OF HORRY COUNTY FOR HER SELECTION AND SERVICE AS NATIONAL PRESIDENT OF THE REAL ESTATE EDUCATORS ASSOCIATION AND HER SERVICE TO THE NATIONAL ASSOCIATION OF REALTORS(r), THE SOUTH CAROLINA ASSOCIATION OF REALTORS(r), AND THE GRAND STRAND ASSOCIATION OF REALTORS(r) AND TO ACKNOWLEDGE JUNE 21, 2005, AS "DIANNA BROUTHERS AND THE REAL ESTATE EDUCATORS ASSOCIATION APPRECIATION DAY".
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4249 (Word version) -- Rep. Barfield: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF HARVEY A. HOUSAND OF HORRY COUNTY ON MAY 23, 2005, AND TO CONVEY DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4253 (Word version) -- Reps. G. M. Smith, Coates, G. Brown, J. H. Neal and Weeks: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE OVERPASS LOCATED ON I-95 WHERE IT INTERSECTS WITH SOUTH CAROLINA HIGHWAY 527 IN SUMTER COUNTY THE "TROOPER JONATHAN W. PARKER MEMORIAL OVERPASS", AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG I-95.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4258 (Word version) -- Rep. Harrison: A CONCURRENT RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA STATE FIREMEN'S ASSOCIATION ON ITS ONE HUNDREDTH ANNIVERSARY AND ON THE SERVICES IT HAS PROVIDED TO THE CITIZENS OF THIS STATE FOR MORE THAN ONE HUNDRED YEARS, TO EXPRESS THE CONFIDENCE OF THE MEMBERS OF THE GENERAL ASSEMBLY THAT THE ASSOCIATION WILL CONTINUE ITS GREAT TRADITION OF SERVICE UNDER ITS NEW NAME, THE SOUTH CAROLINA STATE FIREFIGHTERS ASSOCIATION, AND TO EXPRESS THE SINCERE GRATITUDE OF THE GENERAL ASSEMBLY TO THE MEN AND WOMEN AND WHO SERVE AS CAREER AND VOLUNTEER FIREFIGHTERS AND WHO PROTECT OUR STATE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4259 (Word version) -- Reps. Mack, Breeland, Whipper and R. Brown: A CONCURRENT RESOLUTION TO RECOGNIZE THE LOCAL SWEETGRASS BASKET MAKERS AS THEY EXHIBIT THIS
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4260 (Word version) -- Reps. Parks, 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, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, 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 HONOR AND RECOGNIZE THE REVEREND DR. WILLIE S. HARRISON OF GREENWOOD COUNTY FOR HIS FAITHFUL SERVICE TO HIS CONGREGATION AND COMMITMENT TO HIS COMMUNITY UPON HIS THIRTIETH ANNIVERSARY AS PASTOR OF MACEDONIA BAPTIST CHURCH.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator RYBERG from the Committee on Transportation polled out H. 3897 favorable:
H. 3897 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF MOTOR VEHICLES, RELATING TO MOTORIST INSURANCE IDENTIFICATION DATABASE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2957, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
AYES
Ryberg Land Leatherman McGill Rankin Grooms Richardson Hawkins Verdin Drummond Malloy Knotts Short Pinckney Campsen Cleary
Elliott
Senator RYBERG 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 second reading of the Resolution.
Senator RYBERG asked unanimous consent to give the Resolution a second reading.
There was no objection.
The Joint Resolution was read the second time, passed and ordered to a third reading.
Columbia, S.C., May 31, 2005
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3741 (Word version) -- Reps. Ballentine, Wilkins, Harrell, Merrill, Ott, Hinson, Mack, Bowers, Taylor, Sinclair, Bales, Norman, Martin, Rutherford, Funderburk, Hiott, Cotty, Harrison, Haley, Govan, Scott, Vick, McGee, Anderson, Hardwick, Frye, W.D. Smith, Leach, J.H. Neal, G.R. Smith, Huggins, Skelton, McLeod, Cato, Witherspoon, Clemmons, Clark, Agnew, Barfield, Bingham, Brady, Branham, J. Brown, Ceips, Chalk, Cobb-Hunter, Cooper, Duncan, Herbkersman, Howard, Jefferson, Mahaffey, Neilson, Owens, Parks, Pinson, E.H. Pitts, M.A. Pitts, Rice, Sandifer, J.E. Smith, Talley, Thompson, Toole, Townsend, White, Umphlett, Allen, Simrill and Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-200 SO AS TO ESTABLISH WITHIN THE DIVISION OF AGING THE STATE LOAN REPAYMENT PROGRAM, TO REIMBURSE THE STUDENT LOAN PAYMENTS OF PHYSICIANS COMPLETING FELLOWSHIPS IN GERIATRICS OR GEROPSYCHIATRY, WHO CONTRACT TO PRACTICE IN THIS STATE FOR NO FEWER THAN FIVE CONSECUTIVE YEARS, TO PROVIDE ADDITIONAL ELIGIBILITY QUALIFICATIONS, TO ESTABLISH THE PHYSICIAN ADVISORY BOARD TO ASSIST THE DIVISION IN REVIEWING APPLICATIONS AND PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES, TO ESTABLISH A LIMIT ON PARTICIPATING PHYSICIANS AND PROVIDE AN ANNUAL AND OVERALL LIMIT OF AMOUNTS THAT MAY BE REIMBURSED, TO PROVIDE A PENALTY FOR FAILURE TO COMPLETE THE PROGRAM CONTRACT, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL APPROPRIATE FUNDS FOR THE PROGRAM IN THE ANNUAL GENERAL APPROPRIATIONS ACT.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 31, 2005
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4035 (Word version) -- Reps. Harrell, Wilkins, Chellis, Thompson, Cotty, Huggins, Clark, Bales, Neilson, Hosey, J.E. Smith, Frye, Altman, Anthony, Bailey, Battle, Bowers, Branham, Cato, Cobb-Hunter, Cooper, Davenport, Delleney, Hagood, Hardwick, Haskins, J. Hines, Hinson, Kirsh, Leach, Mahaffey, McLeod, Miller, J.H. Neal, Norman, Ott, Owens, Rhoad, Rice, Scarborough, Scott, D.C. Smith, G.R. Smith, Talley, Taylor, Vaughn, Walker, White, Witherspoon and Young: A BILL TO AMEND CHAPTER 45, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VENTURE CAPITAL INVESTMENT ACT, SO AS TO ESTABLISH A VENTURE CAPITAL AUTHORITY WITHIN THE DEPARTMENT OF COMMERCE TO SOLICIT INVESTMENT PLANS FOR RAISING AND INVESTING VENTURE CAPITAL PURSUANT TO THE VENTURE CAPITAL INVESTMENT ACT AND TO REVISE AND FURTHER PROVIDE FOR THE PROCEDURES, CONDITIONS, AND REQUIREMENTS UNDER WHICH VENTURE CAPITAL IS RAISED AND INVESTORS RECEIVE STATE TAX CREDITS FOR THEIR INVESTMENT; TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO EXEMPTIONS FROM THE CONSOLIDATED PROCUREMENT CODE, SO AS TO EXEMPT THE VENTURE CAPITAL AUTHORITY, AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT PRIVATE INVESTMENT AND OTHER PROPRIETARY FINANCIAL DATA PROVIDED TO THE VENTURE CAPITAL AUTHORITY BY A DESIGNATED INVESTOR GROUP OR AN INVESTOR.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 1, 2005
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 95 (Word version) -- Senators McConnell, Sheheen, Knotts and Elliott: A BILL TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS AND SECTION 34-36-40, RELATING TO LOAN BROKERS, BOTH SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF CONSUMER AFFAIRS TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE THAT THE DEPARTMENT MAY REQUEST THAT THE ADMINISTRATIVE LAW JUDGE DIVISION IMPOSE A CIVIL FINE FOR A VIOLATION; TO AMEND SECTION 37-6-106, RELATING TO THE INVESTIGATORY POWERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO PROVIDE THAT THE ADMINISTRATOR MAY APPLY TO THE ADMINISTRATIVE LAW COURT, RATHER THAN THE COURT OF COMMON PLEAS, FOR AN ORDER COMPELLING COMPLIANCE WITH A SUBPOENA; TO AMEND SECTIONS 37-6-108 AND 37-6-113, RELATING TO AN ORDER OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO PROVIDE A PROCEDURE FOR THE ADMINISTRATOR TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW COURT'S ORDER AS PROVIDED IN THE ADMINISTRATIVE PROCEDURES ACT AND THE RULES GOVERNING PRACTICE BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 37-6-401, RELATING TO THE POWERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO PROVIDE THAT A CONFLICT BETWEEN THE PROVISIONS OF PART 4, CHAPTER 6, TITLE 37 AND THE ADMINISTRATIVE PROCEDURES ACT MUST BE RESOLVED IN FAVOR OF THE LATTER; TO AMEND SECTION 37-6-414, RELATING TO JUDICIAL REVIEW OF CASES, SO AS TO PROVIDE THAT A PERSON WHO HAS EXHAUSTED ADMINISTRATIVE REMEDIES BEFORE THE ADMINISTRATOR AND WHO IS AGGRIEVED IS ENTITLED TO BRING A CONTESTED CASE HEARING BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 37-11-100, RELATING TO LICENSING AND REGULATION OF CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF CONSUMER
Received as information.
Columbia, S.C., June 1, 2005
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:
S. 1 (Word version) -- Senators Ryberg, Hutto, Lourie, Drummond, Land, Moore, Matthews, McGill, O'Dell, Reese, Hayes, Gregory, Jackson, Martin, Rankin, Short, Richardson, Ritchie, Cromer, J. Verne Smith, Leatherman, Fair and Patterson: A BILL TO AMEND SECTION 56-5-6450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILD PASSENGER RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT A FINE FOR A VIOLATION OF THE LAW MUST NOT BE WAIVED AND TO PROVIDE THAT COURT COSTS, ASSESSMENTS, OR SURCHARGES MAY NOT BE ASSESSED AGAINST A PERSON WHO VIOLATES A PROVISION RELATING TO THE USE OF A CHILD PASSENGER RESTRAINT SYSTEM; TO AMEND SECTION 56-5-6525, RELATING TO LIMITS ON THE USE OF CHECKPOINTS OR ROADBLOCKS TO ENFORCE THE STATE'S MANDATORY USE OF SAFETY BELT PROVISIONS, SO AS TO PROVIDE THAT A PERSON MUST NOT BE ISSUED A CITATION AT ANY CHECKPOINT ESTABLISHED TO STOP ALL DRIVERS ON A ROAD FOR A PERIOD OF TIME FOR REMOVING THEIR SAFETY BELTS IN ORDER TO RETRIEVE DOCUMENTATION THAT MUST BE PRODUCED AT THE CHECKPOINT; TO AMEND SECTION 56-5-6530, AS AMENDED, RELATING TO EXCEPTIONS TO THE MANDATORY USE OF SAFETY BELTS AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT A DRIVER OR OCCUPANT FREQUENTLY STOPPING OR LEAVING A MOTOR VEHICLE FOR PICK UP OR DELIVERY PURPOSES,
Received as information.
Columbia, S.C., June 1, 2005
Mr. President and Senators:
The House respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for Ratification:
S. 1 (Word version) -- Senators Ryberg, Hutto, Lourie, Drummond, Land, Moore, Matthews, McGill, O'Dell, Reese, Hayes, Gregory, Jackson, Martin, Rankin, Short, Richardson, Ritchie, Cromer, J. Verne Smith, Leatherman, Fair and Patterson: A BILL TO AMEND SECTION 56-5-6450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILD PASSENGER RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT A FINE FOR A VIOLATION OF THE LAW MUST NOT BE WAIVED AND TO PROVIDE THAT COURT COSTS, ASSESSMENTS, OR SURCHARGES MAY NOT BE ASSESSED AGAINST A PERSON WHO VIOLATES A PROVISION RELATING TO THE USE OF A CHILD PASSENGER RESTRAINT SYSTEM; TO AMEND SECTION 56-5-6525, RELATING TO LIMITS ON THE USE OF CHECKPOINTS OR ROADBLOCKS TO ENFORCE THE STATE'S MANDATORY USE OF SAFETY BELT PROVISIONS, SO AS TO PROVIDE THAT A PERSON MUST NOT BE ISSUED A CITATION AT ANY CHECKPOINT ESTABLISHED TO STOP ALL DRIVERS ON A ROAD FOR A PERIOD OF TIME FOR REMOVING THEIR SAFETY BELTS IN ORDER TO RETRIEVE DOCUMENTATION THAT MUST BE PRODUCED AT THE CHECKPOINT; TO AMEND SECTION 56-5-6530, AS AMENDED, RELATING TO EXCEPTIONS TO THE MANDATORY USE OF SAFETY BELTS AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT A DRIVER OR OCCUPANT FREQUENTLY STOPPING OR LEAVING A MOTOR VEHICLE FOR PICK UP OR DELIVERY PURPOSES, OCCUPANTS OF THE BACK SEAT OF A MOTOR VEHICLE, AND CERTAIN CHILDREN UNDER SIX YEARS OF AGE ARE
Received as information.
Columbia, S.C., May 31, 2005
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Hinson, Cobb-Hunter and McGee to the Committee of Conference on the part of the House on:
H. 3006 (Word version) -- Reps. Wilkins, Harrell, W.D. Smith, J. Brown, Cato, Chellis, Harrison, Townsend, Witherspoon, Bailey, G.R. Smith, Vaughn, Davenport, Sandifer, Barfield, Young, Owens, Kirsh, Leach, E.H. Pitts, Battle, Viers, Clyburn, Littlejohn, Taylor, Rice, Hinson, Clark, Walker, Bales, Cobb-Hunter, Simrill, Chalk, Duncan, Stewart, Talley, Harvin, J.E. Smith, Altman, Skelton, Mahaffey, Vick, Hagood, Martin, Neilson and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 63 TO TITLE 12 SO AS TO ENACT THE 2005 JOBS CREATION ACT, PROVIDING FOR A CREDIT OF UP TO TWENTY-FIVE PERCENT AGAINST THE STATE INCOME TAX THE AMOUNT INVESTED BY AN INVESTOR IN THE EQUITY, NEAR-EQUITY, OR SEED CAPITAL OF A QUALIFIED BUSINESS, TO DEFINE "QUALIFIED BUSINESS" AND PROVIDE THAT THE COORDINATING COUNCIL OF THE DEPARTMENT OF COMMERCE HAS SOLE DISCRETION TO MAKE DETERMINATIONS OF "QUALIFIED BUSINESS", TO PROVIDE PROCEDURES FOR CLAIMING THE CREDIT INCLUDING ANNUAL REGISTRATION AND FEE PAYMENTS, TO REQUIRE THAT APPLICATIONS INCLUDE INFORMATION AS TO THE APPLICANT'S STATUS AS A SOCIALLY AND ECONOMICALLY DISADVANTAGED BUSINESS, TO PROVIDE FOR REVOCATION OF THE CREDIT AND RECAPTURE OF THE TAX OTHERWISE DUE, AND TO PROVIDE FOR THE RESERVATION OF TWO MILLION DOLLARS OF THE CREDIT CAP FOR CERTAIN CITED RESEARCH AND DEVELOPMENT PROJECTS; BY ADDING ARTICLE 10 TO CHAPTER 37 OF TITLE 33 SO AS TO ESTABLISH A CAPITAL ACCESS PROGRAM PROVIDING FOR FLEXIBILITY IN THE MAKING OF LOANS BY FINANCIAL INSTITUTIONS TO SMALL BUSINESSES WHO FAIL TO
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 3730 (Word version) -- Reps. Lucas, Cotty, Sinclair, Loftis and Duncan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-19-560 SO AS TO PROVIDE THAT UPON AN OWNER OF A MANUFACTURED HOME MEETING ALL REQUIREMENTS FOR RETIRING THE TITLE CERTIFICATE ON HIS MANUFACTURED HOME AND HAVING THE MANUFACTURED HOME AND THE REAL PROPERTY TO WHICH IT IS AFFIXED CLASSIFIED AS REAL PROPERTY, THE REGISTER OF DEEDS OR CLERK OF COURT IN THE COUNTY WHERE IT IS LOCATED MUST TREAT THIS PROPERTY FOR ALL PURPOSES AS REAL PROPERTY AND MAY NOT IN ANY PARTICULARS STILL TREAT THE MANUFACTURED HOME AS PERSONAL PROPERTY.
H. 3400 (Word version) -- Rep. Anthony: A BILL TO ABOLISH THE LOCKHART SCHOOL DISTRICT HEALTH COMMISSION IN UNION COUNTY AND TO REPEAL ACT 1171 OF 1948 ESTABLISHING THIS HEALTH COMMISSION.
On motion of Senator PEELER
The following House Bills and Joint Resolution were read the third time and ordered returned to the House with amendments:
H. 3107 (Word version) -- Reps. M.A. Pitts, Viers, Taylor, Mahaffey, Duncan and Umphlett: A BILL TO AMEND SECTION 40-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO PROVIDE FOR TWO ADDITIONAL LAY MEMBERS OF THE BOARD, ONE TO BE APPOINTED BY THE PRESIDENT PRO TEMPORE OF THE SENATE AND ONE TO BE APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
H. 3325 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 61-4-1115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN AGREEMENT BETWEEN AN IMPORTER AND A FOREIGN BREWER, SO AS TO CLARIFY THAT A FOREIGN BREWER INCLUDES ITS SUCCESSOR OR ASSIGNEE.
H. 3799 (Word version) -- Rep. Cooper: A JOINT RESOLUTION AUTHORIZING STATE AGENCIES TO ESTABLISH A SPECIAL ACCOUNT TO
H. 3250 (Word version) -- Reps. White, Weeks, Hamilton, Leach, Walker, Davenport, Mahaffey, Young and Allen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 25 TO TITLE 37 SO AS TO PROVIDE FOR LIMITATIONS ON THE DISPENSING OF OPHTHALMIC LENSES WITHOUT A VALID UNEXPIRED PRESCRIPTION FROM A LICENSED DISPENSER, TO PROVIDE MINIMUM REQUIREMENTS FOR THE ISSUANCE OF A PRESCRIPTION, AND TO PROVIDE FOR A CIVIL PENALTY FOR A VIOLATION AND ENFORCEMENT BY THE DEPARTMENT OF CONSUMER AFFAIRS.
H. 3778 (Word version) -- Reps. Harrison, Wilkins, Cato, W.D. Smith, Merrill, Jennings, J.E. Smith and Chellis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-38-15 SO AS TO PROVIDE IN AN ACTION TO RECOVER DAMAGES RESULTING FROM PERSONAL INJURY, WRONGFUL DEATH, DAMAGE TO PROPERTY, OR TO RECOVER DAMAGES FOR ECONOMIC LOSS OR NONECONOMIC LOSS, JOINT AND SEVERAL LIABILITY DOES NOT APPLY TO A DEFENDANT WHO IS LESS THAN FIFTY PERCENT AT FAULT; TO PROVIDE FOR APPORTIONMENT OF PERCENTAGES OF FAULT AMONG DEFENDANTS; AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO A DEFENDANT WHOSE CONDUCT IS WILFUL, WANTON, RECKLESS, GROSSLY NEGLIGENT, INTENTIONAL, OR CONDUCT INVOLVING THE USE, SALE, OR POSSESSION OF ALCOHOL OR ILLEGAL OR ILLICIT DRUGS.
H. 3905 (Word version) -- Rep. Chellis: A BILL TO AMEND CHAPTER 7 OF TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE AUDITOR, SO AS TO FURTHER PROVIDE FOR THE RESPONSIBILITIES, DUTIES, AND OVERSIGHT FUNCTIONS OF THE STATE AUDITOR
The Senate proceeded to a consideration of the Bill, the question being the adoption of the previously proposed amendment.
Senators PINCKNEY, FORD and GROOMS proposed the following amendment (3905-PINCKNEY), which was adopted:
Amend the bill, as and if amended, page 20, after line 30, by adding an appropriately numbered SECTION to read:
/ SECTION __. Section 12-36-2120 is amended by adding an appropriately numbered paragraph at the end to read:
"( ) Sweetgrass Baskets made by artist of South Carolina using locally grown sweetgrass." /
Renumber sections to conform.
Amend title to conform.
Senator ALEXANDER explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 810 (Word version) -- Senators Martin, J. Verne Smith, Leventis, Hawkins, Fair, Anderson and Ryberg: A BILL TO AMEND SECTION 47-3-750 OF THE 1976 CODE, RELATING TO THE SEIZURE AND IMPOUNDMENT OF A DANGEROUS ANIMAL, TO PROVIDE THAT ANY DANGEROUS ANIMAL THAT ATTACKS A HUMAN BEING OR DOMESTIC ANIMAL MUST BE SEIZED AND IMPOUNDED WHILE ANY PROCEEDING PURSUANT TO THIS ARTICLE IS PENDING.
S. 592 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 59-111-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE COLLEGE, UNIVERSITY, OR TECHNICAL COLLEGE TUITION FOR CERTAIN VETERANS' CHILDREN, SO AS TO PROVIDE THAT A CHILD OF CERTAIN ACTIVE DUTY MEMBERS OF THE UNITED STATES ARMED SERVICES ALSO QUALIFY FOR FREE TUITION.
The following Joint Resolution, having been read the second time, was ordered placed on the Third Reading Calendar:
H. 4157 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-BOARD OF DENTISTRY, RELATING TO GUIDELINES FOR SEDATION AND GENERAL ANESTHESIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 2961, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
By prior motion of Senator PEELER, with unanimous consent
H. 3847 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTION 11-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL RESERVE FUND, SO AS TO PROVIDE THAT THE GENERAL RESERVE FUND SHALL CONSIST NOT ONLY OF THREE PERCENT OF THE GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR BUT ALSO THE FIRST TEN PERCENT OF ANY SURPLUS GENERAL FUND REVENUES ACCRUING FOR ANY FISCAL YEAR; TO AMEND SECTION 11-11-320, RELATING TO THE CAPITAL RESERVE FUND, SO AS TO REVISE WHEN APPROPRIATIONS FROM THE CAPITAL RESERVE FUND TAKE EFFECT; BY ADDING SECTION 11-11-335 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2005, SURPLUS GENERAL FUND REVENUES FOR ANY FISCAL YEAR NOT OTHERWISE OBLIGATED AND APPROPRIATIONS TO THE CAPITAL RESERVE FUND ARE DEEMED TO HAVE OCCURRED AND ARE AVAILABLE FOR EXPENDITURE AFTER SEPTEMBER FIRST OF THE NEXT FISCAL YEAR AND AFTER THE STATE'S FINANCIAL BOOKS FOR THE PREVIOUS FISCAL YEAR HAVE BEEN CLOSED; BY ADDING SECTION 11-11-345 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2006, IF THE COMPTROLLER GENERAL DETERMINES UPON THE CLOSING OF THE STATE'S FINANCIAL BOOKS FOR A FISCAL YEAR THAT THE STATE HAS A NEGATIVE GENERALLY ACCEPTED ACCOUNTING PRINCIPLES FUND BALANCE (GAAP FUND DEFICIT), ANY APPROPRIATIONS CONTAINED IN A GENERAL OR SUPPLEMENTAL APPROPRIATIONS ACT WHICH EXPENDS SURPLUS GENERAL FUND REVENUES OR IN A CAPITAL RESERVE FUND APPROPRIATIONS ACT TO BE EFFECTIVE DURING THE NEXT FISCAL YEAR ARE SUSPENDED AND MUST BE USED TO THE EXTENT NECESSARY TO OFFSET THE GAAP FUND DEFICIT IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE; AND BY ADDING SECTION 11-11-350 SO AS TO PROVIDE THAT EACH STATE AGENCY, DEPARTMENT, INSTITUTION, OR ENTITY RECEIVING IN THE AGGREGATE THREE PERCENT OR MORE OF THE STATE'S GENERAL FUND APPROPRIATIONS FOR ANY FISCAL YEAR SHALL PROVIDE TO THE OFFICE OF STATE BUDGET AN ESTIMATE OF ITS
The Senate proceeded to a consideration of the Bill, the question being the adoption of the previously proposed amendment.
On motion of Senator CAMPSEN, the amendment was carried over.
Senator CAMPSEN asked unanimous consent to take up Amendment No. 7 for immediate consideration.
There was no objection.
Senators LEATHERMAN, CAMPSEN and CROMER proposed the following amendment (BBM\10968MM05):
Amend the bill, as amended by Senate Finance Committee Report (3847.R001.HKL) adopted 5/26/05, as and if amended by inserting an appropriately numbered SECTION immediately after the enacting words at line 23 the following:
/ SECTION . Section 11-11-320(D)(1) of the 1976 Code, as last amended by Act 385 of 1988, is further amended to read:
"(D)(1) Any appropriation of monies from the Capital Reserve Fund as provided in subsection (C) of this section must be ranked in priority of expenditure and is effective thirty days after completion of the fiscal year on September first of the following fiscal year. If it is determined that the fiscal year has ended with an operating deficit, then the monies appropriated from the Capital Reserve Fund must be reduced by the State Budget and Control Board based on the rank of priority, beginning with the lowest priority, to the extent necessary and applied by the board to the year-end operating deficit before withdrawing monies from the General Reserve Fund." /
Amend the bill further by adding an appropriately numbered SECTION at the end to read:
/ SECTION . A. The first ten percent of any surplus General Fund Revenues must be applied to fully restore all funds previously
B. This SECTION takes effect July 1, 2006, and applies to any surplus general fund revenues reported by the Comptroller General beginning in fiscal year 2006-2007 and thereafter. /
Renumber sections to conform.
Amend title to conform.
Senator CAMPSEN explained the amendment.
Senator MOORE asked unanimous consent to give the Bill a second reading, carrying over all amendments to third reading.
On motion of Senator MOORE, with unanimous consent, the Senate agreed to accept further amendments on third reading.
H. 3813 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTIONS 25-1-3235 AND 25-1-3240, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NATIONAL GUARD PENSION FUND AND ELIGIBILITY FOR THE NATIONAL GUARD PENSION AND THE ADMINISTRATION OF PENSIONS FOR MEMBERS OF THE
Senator ALEXANDER asked unanimous consent to give the Bill a second reading, carrying over all amendments to third reading.
There was no objection.
On motion of Senator ALEXANDER, with unanimous consent, the Senate agreed to accept further amendments on third reading.
S. 821 (Word version) -- Senator Rankin: A JOINT RESOLUTION TO PROVIDE FOR A STATEWIDE ADVISORY REFERENDUM TO BE HELD AT THE SAME TIME AS THE 2006 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF THIS STATE FAVOR CHANGING THE STARTING DATE FOR ELEMENTARY AND SECONDARY SCHOOLS OF THIS STATE.
Senator RANKIN explained the Joint Resolution.
Senator LEVENTIS objected to further consideration of the Resolution.
S. 905 (Word version) -- Senator Short: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE ALONG SOUTH CAROLINA HIGHWAY 215 THAT CROSSES THE CSX RAILROAD TRACKS IN UNION COUNTY THE "LOUIE JACOB DEHART MEMORIAL BRIDGE" AND ERECT APPROPRIATE SIGNS OR MARKERS AT THIS BRIDGE THAT CONTAIN THE WORDS "LOUIE JACOB DEHART MEMORIAL BRIDGE".
The Concurrent Resolution was adopted, ordered sent to the House.
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.
On motion of Senator VERDIN, the Bill was carried over.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on June 1, 2005, at 11:30 A.M. and the following Acts and Joint Resolutions were ratified:
(R137, S. 27 (Word version)) -- Senators Leatherman and Elliott: AN ACT TO AMEND CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-4-36 SO AS TO PROVIDE FOR THE NOTIFICATION OF A MUNICIPALITY OR COUNTY BY THE TOURISM EXPENDITURE REVIEW COMMITTEE IF THE COMMITTEE FINDS AN EXPENDITURE TO BE IN NONCOMPLIANCE, TO PROVIDE FOR A PROCEDURE FOR REFUNDING THE AMOUNT FOUND IN NONCOMPLIANCE, TO PROVIDE FOR ACTIONS TO BE TAKEN AGAINST A MUNICIPALITY OR COUNTY THAT DOES NOT REFUND THE NONCOMPLIANT AMOUNT, TO PROVIDE A PROCEDURE FOR CERTIFICATION BY THE MUNICIPALITY OR COUNTY TO THE COMMITTEE THAT NONCOMPLIANT AMOUNTS HAVE BEEN REFUNDED, TO PROVIDE THE FISCAL YEARS TO WHICH THE ABOVE PROVISIONS APPLY, AND TO PROVIDE THAT THIS SECTION IS REPEALED JUNE 30, 2006.
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(R138, S. 307 (Word version)) -- Senators Peeler, Verdin, Cromer, Ryberg, Knotts, Alexander and Thomas: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1885 SO AS TO PROVIDE THE CIRCUMSTANCES WHEN IT IS LAWFUL TO DRIVE A VEHICLE IN THE LEFT LANE OF AN INTERSTATE HIGHWAY, AND TO PROVIDE THE CIRCUMSTANCES UNDER WHICH A TRAFFIC TICKET MAY BE ISSUED FOR THE VIOLATION OF THIS PROVISION.
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(R139, S. 347 (Word version)) -- Senators Lourie, Jackson, Mescher, Ford, Knotts, Cleary, Scott, Short, Patterson, Land, Cromer, Elliott, Ryberg, Grooms and Gregory: AN ACT 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 LAWFULLY PLACED POLITICAL CAMPAIGN SIGN PRIOR TO THE ELECTION, TO PROVIDE AN EXEMPTION, AND TO PROVIDE A PENALTY FOR VIOLATION.
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(R140, S. 352 (Word version)) -- Senator Grooms: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-810 SO AS TO PROVIDE THAT THE PORTION OF ROADSIDE VEGETATION ADJACENT TO INTERSTATE HIGHWAY 95 IN COLLETON COUNTY BETWEEN MILE MARKERS 52 AND 54 MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.
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(R141, S. 610 (Word version)) -- Senators Fair, Campsen, O'Dell, Scott, Bryant, Cleary, Rankin, Williams, Thomas, Hayes and Cromer: AN ACT 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 SUBSTITUTE THE TERM "STATE DRIVER'S LICENSE" FOR THE TERM "SOUTH CAROLINA DRIVER'S LICENSE", 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
(R142, H. 3244 (Word version)) -- Rep. Talley: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-230 SO AS TO PROVIDE THAT AN AGENCY REQUIRED BY LAW TO REPORT TO THE GENERAL ASSEMBLY SHALL PREPARE ITS REPORT AND TRANSMIT ITS REPORT TO THE OFFICE OF LEGISLATIVE PRINTING, INFORMATION AND TECHNOLOGY SYSTEMS (LPITS) AND TO THE STATE LIBRARY AND LPITS SHALL NOTIFY THE MEMBERS OF THE GENERAL ASSEMBLY THAT THE REPORT IS AVAILABLE.
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(R143, H. 3305 (Word version)) -- Reps. J.E. Smith, Bales, Scott, Rutherford, Cotty, Ballentine, Bingham, Brady, J. Brown, Haley, Harrison, Hayes, J. Hines, Howard, Jennings, J.H. Neal, Neilson, Toole, Viers, Harrell, Ceips, Duncan, Walker, Mahaffey, Chellis and Whipper: AN ACT TO AMEND SECTION 12-45-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTALLMENT PAYMENTS OF REAL PROPERTY TAXES, SO AS TO AUTHORIZE MONTHLY INSTALLMENTS.
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(R144, H. 3412 (Word version)) -- Reps. Harrison, Bales, Cotty, Brady, Whipper, Vaughn, Branham, Toole, Taylor, D.C. Smith and Bailey: AN ACT TO AMEND SECTION 44-17-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY ADMISSIONS TO MENTAL HEALTH FACILITIES, SO AS TO PROVIDE THAT IF A PATIENT DOES NOT REQUIRE INVOLUNTARY TREATMENT, THE COURT, UPON PROPER NOTICE, SHALL DISMISS THE PETITION FOR COMMITMENT; TO AMEND SECTION 44-17-430, RELATING TO TAKING PERSONS WHO ARE BELIEVED TO BE A DANGER TO THEMSELVES OR OTHERS INTO CUSTODY, SO AS TO PROVIDE THAT AN ORDER AUTHORIZING SUCH CUSTODY IS VALID ONLY FOR
(R145, H. 3479 (Word version)) -- Rep. Davenport: AN ACT TO AMEND CHAPTER 87, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR ISSUANCE OF ASBESTOS ABATEMENT LICENSES, SO AS TO REVISE THE DEFINITION OF "ASBESTOS ABATEMENT ENTITY" AND "ASBESTOS PROJECT"; TO DELETE PROVISIONS ESTABLISHING LICENSURE FEES AND TO AUTHORIZE THE DEPARTMENT TO ESTABLISH SUCH FEES IN REGULATION SUFFICIENT TO COVER REASONABLE COSTS OF ADMINISTERING THE ASBESTOS PROGRAM AND TO DEFINE "COSTS"; AND TO INCREASE THE MAXIMUM CIVIL PENALTY FOR VIOLATIONS FROM ONE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS.
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(R146, H. 3503 (Word version)) -- Reps. Limehouse and Scarborough: AN ACT 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.
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(R147, H. 3614 (Word version)) -- Reps. Wilkins and Harrison: AN ACT TO AMEND SECTION 20-7-1315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR WITHHOLDING WAGES TO SECURE PAYMENT OF SUPPORT OBLIGATIONS, INCLUDING COLLECTION AND DISBURSEMENT OF THE WITHHELD WAGES, SO AS TO MAKE TECHNICAL CORRECTIONS; AND TO AMEND SECTION 20-7-1440, AS AMENDED, RELATING TO FAMILY COURT FEES, COSTS, AND ALLOWANCES, INCLUDING THE FIVE PERCENT ADDITIONAL FEE ADDED TO CHILD SUPPORT PAYMENTS FOR COURT COSTS, SO AS TO PROVIDE THAT THE PAYOR OF THIS ADDITIONAL FIVE PERCENT AGREES, BY PAYING THROUGH THE COURT OR A CENTRALIZED SYSTEM, THAT THIS PAYMENT IS FOR SATISFACTION OF COURT COSTS, AGREES THAT IT IS NOT CHILD SUPPORT, AS
(R148, H. 3646 (Word version)) -- Reps. Parks, J.H. Neal, Allen, Davenport, Frye, Jefferson, Lee, Limehouse, Mack, Pinson, M.A. Pitts and F.N. Smith: AN ACT TO AMEND SECTION 40-33-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE LICENSURE AND REGULATION OF NURSES, SO AS TO REVISE THE DEFINITIONS OF "ATTENDANT CARE SERVICES" AND "HEALTH MAINTENANCE ACTIVITIES"; AND TO AMEND SECTION 40-33-30, AS AMENDED, RELATING TO CIRCUMSTANCES TO WHICH THE CHAPTER DOES NOT APPLY, SO AS TO PROVIDE THAT THE CHAPTER MAY NOT BE CONSTRUED TO PROHIBIT AN UNLICENSED PERSON FROM PROVIDING ATTENDANT CARE SERVICES, WHICH ENABLE A PERSON TO REMAIN AT HOME AND WHICH ENABLE A PERSON TO CARRY OUT FUNCTIONS OF DAILY LIVING.
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(R149, H. 3650 (Word version)) -- Reps. W.D. Smith, Hagood and McLeod: AN ACT TO AMEND SECTION 44-56-750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BROWNFIELDS VOLUNTARY CLEANUP PROGRAM AND CONTRACT REQUIREMENTS ENTERED INTO BY OR ON BEHALF OF A NONRESPONSIBLE PARTY, SO AS TO PROVIDE THAT A NONRESPONSIBLE PARTY IS NOT LIABLE FOR THIRD PARTY CLAIMS AND TO FURTHER SPECIFY TO WHOM THIS LIMITATION OF LIABILITY APPLIES.
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(R150, H. 3768 (Word version)) -- Rep. Kirsh: AN ACT TO AMEND SECTIONS 12-36-140 AND 12-36-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE SALES AND USE TAX, SO AS TO EXEMPT CERTAIN PROMOTIONAL ADVERTISING DISTRIBUTIONS BY CHAMBERS OF COMMERCE AND VISITORS BUREAUS; BY ADDING SECTION 12-28-1400 SO AS TO REQUIRE THE REPORTING THE DEPARTMENT OF REVENUE REQUIRES BY REGULATION
(R151, H. 3832 (Word version)) -- Reps. J.E. Smith, Cotty, Scott, Haskins, Cato, Davenport, Altman, Anthony, Battle, Brady, Branham, Breeland, J. Brown, R. Brown, Cobb-Hunter, Coleman, Cooper, Dantzler, Edge, Funderburk, Hagood, Harrison, Hayes, J. Hines, Howard, Huggins, Jefferson, Jennings, Kirsh, Lee, Limehouse, Martin, McLeod, Merrill, Miller, J.M. Neal, Ott, Parks, Perry, Pinson, Rivers, D.C. Smith, Thompson, Townsend, Vick, Weeks and Witherspoon: AN ACT TO ENACT THE "LEWIS BLACKMAN HOSPITAL PATIENT SAFETY ACT" BY ADDING ARTICLE 27, CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REQUIRE ALL HOSPITAL CLINICAL STAFF AND TRAINEES TO WEAR BADGES CONTAINING CERTAIN IDENTIFYING INFORMATION; TO REQUIRE CERTAIN INFORMATION TO BE PROVIDED BY HOSPITALS TO PATIENTS PRIOR TO OR ON ADMISSION CONCERNING THE PATIENT'S HOSPITAL CARE, INCLUDING, AMONG OTHER THINGS, THE GENERAL ROLE OF MEDICAL STUDENTS, INTERNS, AND RESIDENT PHYSICIANS IN PATIENT CARE, THAT THE PATIENT'S ATTENDING PHYSICIAN IS THE DOCTOR RESPONSIBLE FOR THE PATIENT'S CARE, THAT THE PATIENT'S ATTENDING PHYSICIAN MAY CHANGE, AND WHETHER ANY RESIDENT PHYSICIAN OR MEDICAL STUDENTS MAY BE PARTICIPATING IN THE PATIENT'S CARE, INCLUDING PARTICIPATING IN SURGERY; REQUIRING NURSES TO PLACE A CALL FOR OR TO ASSIST PATIENTS IN CALLING THEIR ATTENDING PHYSICIANS; REQUIRING HOSPITALS TO
(R152, H. 3885 (Word version)) -- Reps. Hagood, Scarborough, Limehouse, Anderson, Dantzler, Cotty, Brady, Taylor, Perry, R. Brown, Cobb-Hunter, Harrell and Chellis: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3375 SO AS TO PROVIDE EITHER AN ADDITIONAL JOBS TAX CREDIT OR AN ADDITIONAL INVESTMENT TAX CREDIT FOR COMPANIES USING PORT FACILITIES LOCATED IN THIS STATE WHICH INCREASE THEIR BASE PORT CARGO VOLUME AT THESE FACILITIES BY A MINIMUM OF FIVE PERCENT OVER 2005 TOTALS AND TO PROVIDE PROCEDURES NECESSARY TO IMPLEMENT AND ALLOCATE THESE TAX CREDITS AND TO RECALCULATE BASE PORT CARGO VOLUME.
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(R153, H. 3892 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO UTILIZATION OF GENERIC TEACHER CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2964, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R154, H. 3940 (Word version)) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SOUTH CAROLINA HOSPITALS; DATA
(R155, H. 4035 (Word version)) -- Reps. Harrell, Wilkins, Chellis, Thompson, Cotty, Huggins, Clark, Bales, Neilson, Hosey, J.E. Smith, Frye, Altman, Anthony, Bailey, Battle, Bowers, Branham, Cato, Cobb-Hunter, Cooper, Davenport, Delleney, Hagood, Hardwick, Haskins, J. Hines, Hinson, Kirsh, Leach, Mahaffey, McLeod, Miller, J.H. Neal, Norman, Ott, Owens, Rhoad, Rice, Scarborough, Scott, D.C. Smith, G.R. Smith, Talley, Taylor, Vaughn, Walker, White, Witherspoon and Young: AN ACT TO AMEND CHAPTER 45, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VENTURE CAPITAL INVESTMENT ACT, SO AS TO ESTABLISH A VENTURE CAPITAL AUTHORITY WITHIN THE DEPARTMENT OF COMMERCE TO SOLICIT INVESTMENT PLANS FOR RAISING AND INVESTING VENTURE CAPITAL PURSUANT TO THE VENTURE CAPITAL INVESTMENT ACT AND TO REVISE AND FURTHER PROVIDE FOR THE PROCEDURES, CONDITIONS, AND REQUIREMENTS UNDER WHICH VENTURE CAPITAL IS RAISED AND INVESTORS RECEIVE STATE TAX CREDITS FOR THEIR INVESTMENT; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT PRIVATE INVESTMENT AND OTHER PROPRIETARY FINANCIAL DATA PROVIDED TO THE VENTURE CAPITAL AUTHORITY BY A DESIGNATED INVESTOR GROUP OR AN INVESTOR.
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(R156, H. 4086 (Word version)) -- Rep. Hayes: AN ACT TO ENACT THE DILLON COUNTY SCHOOL FACILITIES FINANCING ACT SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING REFERENDUM APPROVAL OF A SALES AND USE TAX IN DILLON COUNTY NOT TO EXCEED TWO PERCENT TO OFFSET PAYMENT OBLIGATIONS RELATED TO GENERAL
(R157, H. 4096 (Word version)) -- Reps. Clemmons, Barfield, Edge, Hardwick, Hayes, Viers and Witherspoon: AN ACT TO AMEND SECTION 7-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN HORRY COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF HORRY COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC REFERENCES.
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(R158, H. 4189 (Word version)) -- Rep. Jennings: AN ACT TO ENACT THE MARLBORO COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION, FOLLOWING REFERENDUM APPROVAL, OF A SALES AND USE TAX IN MARLBORO COUNTY NOT TO EXCEED ONE PERCENT FOR NOT MORE THAN TWENTY-FIVE YEARS FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION.
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THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
At 12:03 P.M., on motion of Senator McCONNELL, the Senate receded from business until 2:30 P.M.
The Senate reassembled at 2:37 P.M. and was called to order by the PRESIDENT.
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202
Dear Mr. President and Members of the Senate:
I am hereby returning without my approval S. 746 (Word version), R. 122, an Act:
TO ABOLISH THE ORANGEBURG COUNTY BOARD OF VOTER REGISTRATION AND THE ORANGEBURG COUNTY ELECTION COMMISSION AND TO CREATE THE ORANGEBURG COUNTY BOARD OF ELECTION AND REGISTRATION.
This veto is based on my belief that this Bill is unconstitutional. S. 746, R. 122 proposes to abolish the Orangeburg County Board of Voter Registration and create the Orangeburg County Board of Election and Registration. As such, S. 746, R. 122 affects only Orangeburg County and is, therefore, clearly an Act for a specific county. Such Acts are in violation of Article VIII, Section 7 of the Constitution of the State of South Carolina, which provides that "[n]o laws for a specific county shall be enacted." Acts similar to S. 746, R. 122 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7.
For this reason, I am returning S. 746, R. 122 to you without my signature.
Sincerely,
/s/Mark Sanford
(R122, S746 (Word version)) -- Senators Matthews and Hutto: AN ACT TO ABOLISH THE ORANGEBURG COUNTY BOARD OF VOTER REGISTRATION AND THE ORANGEBURG COUNTY ELECTION COMMISSION AND TO CREATE THE ORANGEBURG COUNTY BOARD OF ELECTION AND REGISTRATION.
The veto of the Governor was taken up for immediate consideration.
Senator HUTTO, on behalf of Senator MATTHEWS, moved that the veto of the Governor be overridden.
The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryant Campsen Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Pinckney Rankin Reese Richardson Ritchie Ryberg Scott Setzler Sheheen Short Smith, J. Verne Thomas Verdin Williams
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF REPORTS OF COMMITTEES OF CONFERENCE AND FREE CONFERENCE.
S. 165 (Word version) -- Senators Elliott, Hayes, Alexander, Fair and Richardson: A BILL TO IMPLEMENT THE TRANSITION FROM THE USE OF MINIBOTTLES TO LIQUOR BY THE DRINK RELATING TO THE TAXATION, DISTRIBUTION, LICENSING OF SALES, PERMITS TO SELL ALCOHOL, TO ESTABLISH PENALTIES FOR A VIOLATION OF THE ACT, TO AMEND DEFINITIONS USED IN THE ALCOHOLIC BEVERAGE CONTROL ACT, AND MISCELLANEOUS OTHER PROVISIONS. (ABBREVIATED TITLE)
On behalf of the Committee of Conference on S. 165, Senator MARTIN presented a status report on the Bill.
S. 305 (Word version) -- Senators Peeler, J. Verne Smith, Short, Alexander, Hayes, Moore, Lourie and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA MEDICAID MODERNIZATION ACT" INCLUDING PROVISIONS TO ADD ARTICLE 8, CHAPTER 6, TITLE 44 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL IMPLEMENT EFFECTIVE AND EFFICIENT MEDICAID CARE MANAGEMENT, INCLUDING ADMINISTERING CARE MANAGEMENT PROGRAMS FOR ROUTINE CARE AND IMPLEMENTING CARE MANAGEMENT PROGRAMS FOR CHRONIC DISEASE CARE; TO PROVIDE FOR EFFECTIVE MEDICAID PHARMACY BENEFIT MANAGEMENT, INCLUDING THE ESTABLISHMENT OF THE PHARMACY AND THERAPEUTICS COMMITTEE, WHICH SHALL RECOMMEND
On behalf of the Committee of Conference on S. 305, Senator J. Verne Smith presented a status report on the Bill.
H. 3328 (Word version) -- Reps. Brady, Ceips, Cobb-Hunter, Funderburk, Haley, Haskins, Hinson, Lee, Martin, Miller, Moody-Lawrence, Neilson, Parks, Young and Clark: A BILL TO AMEND SECTION 23-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF THE SEX OFFENDER REGISTRY BY THE STATE LAW ENFORCEMENT DIVISION (SLED), SO AS TO PROVIDE THAT SLED SHALL INCLUDE AND CROSS-REFERENCE ALIAS NAMES IN THE REGISTRY; TO AMEND SECTION 23-3-430, AS AMENDED, RELATING TO PERSONS WHO MUST BE REFERRED TO AS SEX OFFENDERS, SO AS TO PROVIDE THAT A SEX OFFENDER WHOSE NAME IS CONTAINED ON THE SEX OFFENDER REGISTRY, AND WHO HAS BEEN GRANTED A PARDON, MUST REMAIN ON THE REGISTRY AND MUST REGISTER ANNUALLY; TO AMEND SECTION 23-3-440, AS AMENDED, RELATING TO THE NOTIFICATION A SHERIFF MUST RECEIVE FROM CERTAIN CORRECTIONAL AGENCIES REGARDING THE RELEASE OF A SEX OFFENDER, SO AS TO PROVIDE THAT AN OFFENDER'S PHOTOGRAPH MUST BE PROVIDED TO SLED BEFORE HE IS RELEASED; TO AMEND SECTION 23-3-450, AS AMENDED, RELATING TO REQUIRING A SEX OFFENDER TO REGISTER WITH THE SHERIFF OF THE COUNTY IN WHICH HE RESIDES, SO AS TO PROVIDE THAT THE OFFENDER ALSO MUST REGISTER WITH THE SHERIFF OF THE COUNTY WHERE HE OWNS REAL PROPERTY; AND TO AMEND SECTION 23-3-460, AS AMENDED, RELATING TO REQUIRING A SEX OFFENDER TO REGISTER ANNUALLY FOR LIFE, SO AS TO PROVIDE THAT A REGISTERED SEX OFFENDER WHO ACQUIRES REAL PROPERTY WITHIN THIS STATE MUST PROVIDE NOTICE OF THE ADDRESS TO THE SHERIFF IN THE COUNTY WHERE THE REAL PROPERTY IS LOCATED, AND TO PROVIDE THAT A PERSON WHO IS REQUIRED TO REGISTER AS A SEX OFFENDER WHO MOVES TO THIS STATE, ACQUIRES REAL
On motion of Senator MARTIN, with unanimous consent, the Report of the Committee of Free Conference was taken up for immediate consideration.
Senator MARTIN spoke on the report.
On motion of Senator MARTIN, the Report of the Committee of Free Conference to H. 3328 was adopted as follows:
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3328 (Word version) -- Reps. Brady, Ceips, Cobb-Hunter, Funderburk, Haley, Haskins, Hinson, Lee, Martin, Miller, Moody-Lawrence, Neilson, Parks, Young and Clark: A BILL TO AMEND SECTION 23-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF THE SEX OFFENDER REGISTRY BY THE STATE LAW ENFORCEMENT DIVISION (SLED), SO AS TO PROVIDE THAT SLED SHALL INCLUDE AND CROSS-REFERENCE ALIAS NAMES IN THE REGISTRY; TO AMEND SECTION 23-3-430, AS AMENDED, RELATING TO PERSONS WHO MUST BE REFERRED TO AS SEX OFFENDERS, SO AS TO PROVIDE THAT A SEX OFFENDER WHOSE NAME IS CONTAINED ON THE SEX OFFENDER REGISTRY, AND WHO HAS BEEN GRANTED A PARDON, MUST REMAIN ON THE REGISTRY AND MUST REGISTER ANNUALLY; TO AMEND SECTION 23-3-440, AS AMENDED, RELATING TO THE NOTIFICATION A SHERIFF MUST RECEIVE FROM CERTAIN CORRECTIONAL AGENCIES REGARDING THE RELEASE OF A SEX OFFENDER, SO AS TO PROVIDE THAT AN OFFENDER'S PHOTOGRAPH MUST BE PROVIDED TO SLED BEFORE HE IS RELEASED; TO AMEND SECTION 23-3-450, AS AMENDED, RELATING TO REQUIRING A SEX OFFENDER TO REGISTER WITH THE SHERIFF OF THE COUNTY IN WHICH HE RESIDES, SO AS TO PROVIDE THAT THE OFFENDER ALSO MUST REGISTER WITH THE SHERIFF OF THE COUNTY WHERE HE OWNS
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
(Reference is to Printer's Version [SEC 5/24/05 11:30 AM].)
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 23-3-410 of the 1976 Code, as last amended by Act 384 of 1998, is further amended to read:
"Section 23-3-410. (A) The registry is under the direction of the Chief of the State Law Enforcement Division (SLED) and shall contain information the chief considers necessary to assist law enforcement in the location of persons convicted of certain offenses. SLED shall develop and operate the registry to: collect, analyze, and maintain information; to make information available to every enforcement agency in this State and in other states; and to establish a security system to ensure that only authorized persons may gain access to information gathered under this article.
(B) SLED shall include and cross-reference alias names in the registry."
SECTION 2. Section 23-3-430 of the 1976 Code, as last amended by Act 208 of 2004, is further amended to read:
"Section 23-3-430. (A) Any person, regardless of age, residing in the State of South Carolina who in this State has been convicted of, adjudicated delinquent for, pled guilty or nolo contendere to an offense described below, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere, or found not guilty by reason of insanity in any comparable court in the United States, or a foreign country, or who has been convicted, adjudicated delinquent, pled guilty or nolo
(B) For purposes of this article, a person who remains in this State for a total of thirty days during a twelve-month period is a resident of this State.
(C) For purposes of this article, a person who has been convicted of, pled guilty or nolo contendere to, or been adjudicated delinquent for any of the following offenses shall be referred to as an offender:
(1) criminal sexual conduct in the first degree (Section 16-3-652);
(2) criminal sexual conduct in the second degree (Section 16-3-653);
(3) criminal sexual conduct in the third degree (Section 16-3-654);
(4) criminal sexual conduct with minors, first degree (Section 16-3-655(1));
(5) criminal sexual conduct with minors, second degree. If evidence is presented at the criminal proceeding and the court makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct, as contained in Section 16-3-655(3) provided the offender is eighteen years of age or less, or consensual sexual conduct between persons under sixteen years of age, the convicted person is not an offender and is not required to register pursuant to the provisions of this article;
(6) engaging a child for sexual performance (Section 16-3-810);
(7) producing, directing, or promoting sexual performance by a child (Section 16-3-820);
(8) criminal sexual conduct: assaults with intent to commit (Section 16-3-656);
(9) incest (Section 16-15-20);
(10) buggery (Section 16-15-120);
(11) committing or attempting lewd act upon child under sixteen (Section 16-15-140);
(12) peeping, voyeurism, or aggravated voyeurism (Section 16-17-470);
(13) violations of Article 3, Chapter 15 of Title 16 involving a minor;
(14) a person, regardless of age, who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in this State, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in a comparable court in the United States, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in the United States federal courts of indecent exposure or of a similar offense in other jurisdictions is required to register pursuant to the provisions of this article if the court makes a specific finding on the record that based on the circumstances of the case the convicted person should register as a sex offender;
(15) kidnapping (Section 16-3-910) of a person eighteen years of age or older except when the court makes a finding on the record that the offense did not include a criminal sexual offense or an attempted criminal sexual offense;
(16) kidnapping (Section 16-3-910) of a person under eighteen years of age except when the offense is committed by a parent;
(17) criminal sexual conduct when the victim is a spouse (Section 16-3-658);
(18) sexual battery of a spouse (Section 16-3-615);
(19) sexual intercourse with a patient or trainee (Section 44-23-1150).;
(20) criminal solicitation of a minor if the purpose or intent of the solicitation or attempted solicitation was to:
(a) persuade, induce, entice, or coerce the person solicited to engage or participate in sexual activity as defined in Section 16-15-375(5); or
(b) perform a sexual activity in the presence of the person solicited (Section 16-15-342).; or
(21) administering, distributing, dispensing, delivering, or aiding, abetting, attempting, or conspiring to administer, distribute, dispense, or deliver a controlled substance or gamma hydroxy butyrate to an individual with the intent to commit a crime listed in Section 44-53-370(f), except petit larceny or grand larceny.
(D) Upon conviction, adjudication of delinquency, guilty plea, or plea of nolo contendere of a person of an offense not listed in this article, the presiding judge may order as a condition of sentencing that the person be included in the sex offender registry if good cause is shown by the solicitor.
(E) SLED shall remove a person's name and any other information concerning that person from the sex offender registry immediately upon notification by the Attorney General that the person's adjudication, conviction, guilty plea, or plea of nolo contendere for an offense listed in Section 23-3-430(C) subsection (C) was reversed, overturned, or vacated on appeal and a final judgment has been rendered.
(F) If an offender receives a pardon for the offense for which he was required to register, the offender may not be removed from the registry except:
(1) as provided by the provisions of subsection (E); or
(2) if the pardon is based on a finding of not guilty specifically stated in the pardon.
(G) If an offender files a petition for a writ of habeas corpus or a motion for a new trial pursuant to Rule 29 (b), South Carolina Rules of Criminal Procedure, based on newly discovered evidence, the offender may not be removed from the registry except:
(1) as provided by the provisions of subsection (E); or
(2)(a) if the circuit court grants the offender's petition or motion and orders a new trial; and
(b) a verdict of acquittal is returned at the new trial or entered with the state's consent."
SECTION 3. Section 23-3-440 of the 1976 Code, as last amended by Act 384 of 1998, is further amended to read:
"Section 23-3-440. (1) Prior to Before an offender's release from the Department of Corrections after completion of the term of imprisonment, from the Department of Juvenile Justice after completion of the term of confinement, or being placed on parole, the Department of Corrections or the Department of Probation, Parole and Pardon Services, as applicable, SLED, based upon information provided by the Department of Corrections, the Department of Juvenile Justice, the Juvenile Parole Board, or the Department of Probation,
(2) The Based upon information provided by the Department of Probation, Parole, and Pardon Services, shall notify SLED shall notify and the sheriff of the county where an offender is residing when the offender is sentenced to probation or is a new resident of the State who must be supervised by the department. The Department of Probation, Parole, and Pardon Services also shall provide verbal and written notification to the offender that he must register with the sheriff of the county in which he intends to reside. An offender who is sentenced to probation must register within ten days one business day of sentencing. Further, the Department of Probation, Parole, and Pardon Services shall obtain descriptive information of the offender, including a current photograph that is to be updated annually prior to expiration of the probation sentence.
(3) The Based upon information provided by the Department of Juvenile Justice, shall notify or the Juvenile Parole Board SLED shall notify and the sheriff of the county where an offender is residing when the offender is released from a Department of Juvenile Justice facility or the Juvenile Parole Board, or when the Department of Juvenile Justice or the Juvenile Parole Board is required to supervise the actions of the juvenile. The Department of Juvenile Justice or the Juvenile Parole Board must provide verbal and written notification to the juvenile and his parent, legal guardian, or custodian that the juvenile must register with the sheriff of the county in which the juvenile resides. The juvenile must register within twenty-four hours one business day of his release or within ten days if he was not confined to a Department of Juvenile Justice's facility. The parents or legal guardian of a person under seventeen years of age who is required to register under this chapter must ensure that the person has registered.
(4) The Department of Corrections, the Department of Probation, Parole and Pardon Services, and the Department of Juvenile Justice shall provide to SLED the initial registry information regarding the offender prior to his release from imprisonment or relief of supervision. This information shall be collected in the event the offender fails to register with his county sheriff."
SECTION 4. Section 23-3-450 of the 1976 Code is amended to read:
"Section 23-3-450. The offender shall register with the sheriff of the each county in which he resides, owns real property, or attends any public or private school, including, but not limited to, a secondary school, adult education school, college or university, and any vocational, technical, or occupational school. To register, the offender must provide information as prescribed by SLED. The sheriff in the county in which the offender resides, owns real property, or attends any public or private school shall forward all required registration information to SLED within five business days. A copy of this information must be kept by the sheriff's department. The county sheriff shall ensure that all information required by SLED is secured and shall establish specific times of the day during which an offender may register. An offender shall not be considered to have registered until all information prescribed by SLED has been provided to the sheriff. The sheriff in the county in which the offender resides, owns real property, or attends any public or private school shall notify all local law enforcement agencies, including college or university law enforcement agencies, within five business days of an offender who resides, owns real property, or attends any public or private school within the local law enforcement agency's jurisdiction."
SECTION 5. Section 23-3-460 of the 1976 Code is amended to read:
"Section 23-3-460. Any A person required to register under this article shall be is required to register annually for life. For purposes of this article, 'annually' means each year within thirty days after the anniversary date of the offender's last registration. The offender shall register at the sheriff's department in the each county where he resides, owns real property, or attends any public or private school, including, but not limited to, a secondary school, adult education school, college or university, and any vocational, technical, or occupational school. A person determined by a court to be a sexually violent predator pursuant to state law is required to verify registration and be photographed every ninety days by the sheriff's department in the county in which he
If any a person required to register under this article changes his address within the same county, that person must send written notice of the change of address to the county sheriff within ten days of establishing the new residence. If a person required to register under this article owns or acquires real property within a county in this State, or attends any public or private school, including, but not limited to, a secondary school, adult education school, college or university, and any vocational, technical, or occupational school, he must register with the sheriff in each county where the real property or the public or private school is located within ten days of acquiring the real property or attending the public or private school.
If any a person required to register under this article changes his address into another county in South Carolina, the person must register with the county sheriff in the new county within ten days of establishing the new residence. The person must also provide written notice within ten days of the change of address in the previous county to the county sheriff with whom the person last registered.
Any A person required to register under this article and who is employed by, attends, is enrolled at, or carries on a vocation at an institution of higher education any public or private school, including, but not limited to, a kindergarten, elementary school, middle school or junior high, high school, secondary school, adult education school, college or university, and any vocational, technical, or occupational school must provide written notice within ten days of each change in attendance, enrollment, employment, or vocation status at an institution of higher education any public or private school in this State. For purposes of this section: 'employed and carries on a vocation' means employment that is full time or part time for a period of time exceeding fourteen days or for an aggregate period of time exceeding thirty days during any calendar year, whether financially compensated, volunteered, or for the purpose of government or educational benefit; and 'student' means a person who is enrolled on a full-time or part-time basis, in any public or private educational institution, including any secondary school, trade, professional institution, or institution of higher education school, including, but not limited to, a kindergarten, elementary school, middle school or junior high, high school, secondary school, adult education school, college or university, and any vocational, technical, or occupational school.
If any a person required to register under this article moves outside of South Carolina, the person must provide written notice within ten days of the change of address to a new state to the county sheriff with whom the person last registered.
Any A person required to register under this article who moves to South Carolina from another state, establishes residence, acquires real property, attends or is enrolled at, or is employed by or carries on a vocation at any public or private school, including, but not limited to, a kindergarten, elementary school, middle school or junior high, high school, secondary school, adult education school, college or university, and any vocational, technical, or occupational school in South Carolina, and is not under the jurisdiction of the Department of Corrections, the Department of Probation, Parole and Pardon Services, or the Department of Juvenile Justice, or the Juvenile Parole Board at the time of moving to South Carolina must register within ten days of establishing residence, acquiring real property, attending or enrolling at, or being employed by or carrying on a vocation at any public or private school in this State.
The sheriff of the county in which the person resides must forward all changes to any information provided by a person required to register under this article to SLED within five business days.
A sheriff who receives registration information, notification of change of address, or notification of change in attendance, enrollment, employment, or vocation status at any public or private school, including, but not limited to, a kindergarten, elementary school, middle school or junior high, high school, secondary school, adult education school, college or university, and any vocational, technical, or occupational school, must notify all local law enforcement agencies, including college or university law enforcement agencies, within five business days of an offender whose address, real property, or public or private school is within the local law enforcement agency's jurisdiction.
The South Carolina Department of Motor Vehicles, shall inform, in writing, any new resident who applies for a driver's license, chauffeur's license, vehicle tag, or state identification card of the obligation of sex offenders to register. The department also shall inform, in writing, a person renewing a driver's license, chauffeur's license, vehicle tag, or state identification card of the requirement for sex offenders to register."
SECTION 6. Section 23-3-470 of the 1976 Code is amended to read:
"Section 23-3-470. (A) It is the duty of the offender to contact the sheriff in order to register, provide notification of change of address, or notification of change in attendance, enrollment, employment, or vocation status at any public or private school, including, but not limited to, a kindergarten, elementary school, middle school or junior high, high school, secondary school, adult education school, college or university, and any vocational, technical, or occupational school. If an offender fails to register, provide notification of change of address, or notification of change in attendance, enrollment, employment, or vocation status at any public or private school, as required by this article, he must be punished as provided in subsection (B).
(B)(1) A person convicted for a first offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of ninety days, no part of which shall be suspended nor probation granted.
(2) A person convicted for a second offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of one year, no part of which shall be suspended nor probation granted.
(3) A person convicted for a third or subsequent offense is guilty of a felony and must be imprisoned for a mandatory period of five years, three years of which shall not be suspended nor probation granted."
SECTION 7. Article 7, Chapter 3, Title 23 of the 1976 Code is amended by adding:
"Section 23-3-525. A real estate brokerage and its affiliated licensees is immune from liability for any act or omission related to the disclosure of information under this chapter if the brokerage or its affiliated licensees in a timely manner provides to its clients and customers written notice that they may obtain information about the sex offender registry and persons registered with the registry by contacting the county sheriff. The notice may be included as part of a listing agreement, buyer representation agreement, or sales agreement."
SECTION 8. Chapter 3, Title 23 of the 1976 Code is amended by adding:
"Section 23-3-540. (A) Prior to an offender's release after completion of a term of imprisonment, being placed on parole, being placed under community supervision, being placed under a community supervision program, or when an offender is sentenced to probation, the Department of Probation, Parole and Pardon Services shall place the offender under a system of active electronic monitoring that identifies the location of the offender and that can produce, upon request, reports or records of the offender's presence near or within a crime scene or
(B) An offender who violates a term of probation, parole, community supervision, or a community supervision program must be ordered by the court to be placed by the Department of Probation, Parole and Pardon Services under a system of active electronic monitoring that identifies the location of the offender and that can produce, upon request, reports or records of the offender's presence near or within a crime scene or prohibited area or the offender's departure from a specified geographic location.
(C) This section applies to an offender who has been:
(1) convicted of, pled guilty or nolo contendere to, or been adjudicated delinquent for any of the following offenses:
(a) criminal sexual conduct with minors, first degree (Section 16-3-655(1));
(b) criminal sexual conduct with minors, second degree. If evidence is presented at the criminal proceeding and the court makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct, as contained in Section 16-3-655(3) provided the offender is eighteen years of age or less, or consensual sexual conduct between persons under sixteen years of age, the convicted person is not an offender and is not required to register pursuant to the provisions of this article;
(c) engaging a child for sexual performance (Section 16-3-810);
(d) producing, directing, or promoting sexual performance by a child (Section 16-3-820);
(e) criminal sexual conduct: assaults with intent to commit (Section 16-3-656) involving a minor;
(f) committing or attempting lewd act upon child under sixteen (Section 16-15-140);
(g) violations of Article 3, Chapter 15 of Title 16 involving a minor;
(h) kidnapping (Section 16-3-910) of a person under eighteen years of age except when the offense is committed by a parent;
(i) criminal solicitation of a minor if the purpose or intent of the solicitation or attempted solicitation was to:
(i) persuade, induce, entice, or coerce the person solicited to engage or participate in sexual activity as defined in Section 16-15-375(5);
(ii) perform a sexual activity in the presence of the person solicited (Section 16-15-342);
(2) ordered as a condition of sentencing to be included in the sex offender registry pursuant to Section 23-3-430(D) for an offense involving a minor.
(D) The offender shall remain under the system of active electronic monitoring for the duration of the time the offender is required to remain on the sex offender registry pursuant to the provisions of this article, unless the offender is committed to the custody of the State.
(E) The offender shall follow instructions provided by the Department of Probation, Parole and Pardon Services to maintain the electronic monitoring device in working order. Incidental damage or defacement of the electronic monitoring device must be reported to the Department of Probation, Parole and Pardon Services within two hours. An offender who fails to comply with the reporting requirement of this subsection is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years.
(F) The offender shall abide by any other conditions set forth by the Department of Probation, Parole and Pardon Services with regard to the electronic monitoring.
(G) The offender must be charged a fee in accordance with Section 24-21-85.
(H) A person who intentionally removes, tampers with, defaces, alters, damages, or destroys an electronic monitoring device is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years. This subsection does not apply to a person or agent authorized by the Department of Probation, Parole and Pardon Services to perform maintenance and repairs to the electronic monitoring devices."
SECTION 9. Chapter 3, Title 23 of the 1976 Code is amended by adding:
"Section 23-3-550. A person who knowingly and willfully protects, harbors, or conceals an offender who the person knows is not in compliance with the requirements of this article, is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years."
SECTION 10. Section 40-57-180(E) of the 1976 Code is amended to read:
"(E) No cause of action may arise against an owner of real estate or licensed real estate agent of any party to a transaction for failure to disclose in a transaction:
(1) that the subject real estate is or was occupied by an individual who was infected with a virus or any other disease which has been determined by medical evidence as being highly unlikely to be transmitted through occupancy of a dwelling place either presently or previously occupied by the infected individual;
(2) that the death of an occupant of a property has occurred or the manner of the death;
(3) the location of any registered sex offender;
(4)(3) any offsite condition or hazard that does not directly impact the property being transferred; or
(5)(4) any psychological impact that has no material impact on the physical condition of the property being transferred."
SECTION 11. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 12. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 13. All SECTIONS of this act take effect on January 1, 2006, except the appropriately numbered new SECTION adding Section 23-3-540 goes into effect upon the Department of Probation, Parole and Pardon Services' receipt of the funds necessary to implement Section 23-3-540. /
Amend title to conform.
/s/ Sen. Larry A. Martin /s/ Rep. J. Todd Rutherford /s/ Sen. C. Bradley Hutto /s/ Rep. G. Murrell Smith, Jr. /s/ Sen. George E. "Chip" Campsen III /s/Rep. Joan B. Brady On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.
S. 227 (Word version) -- Senators Fair, Campsen and Leventis: A BILL TO AMEND SECTION 20-7-1695, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS FROM WHOM CONSENT OR RELINQUISHMENT FOR ADOPTION IS REQUIRED, SO AS TO PROVIDE THAT CONSENT OR RELINQUISHMENT IS NOT REQUIRED IF THE CHILD WHO IS THE SUBJECT OF THE ADOPTION PROCEEDING WAS CONCEIVED AS A RESULT OF CRIMINAL SEXUAL CONDUCT OR INCEST; AND TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO PROVIDE THAT IT IS A GROUND FOR TERMINATION OF PARENTAL RIGHTS IF THE CHILD WAS CONCEIVED AS A RESULT OF CRIMINAL SEXUAL CONDUCT OR INCEST.
The House returned the Bill with amendments.
Senator FAIR proposed the following amendment (JUD0227.007), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting language and inserting:
/ SECTION 1. This act may be cited as "Autumn's Law".
SECTION 2. Section 20-7-1695(A) of the 1976 Code, as last amended by Act 653 of 1988, is amended to read:
"(A) Notwithstanding the provisions of Section 20-7-1690, consent or relinquishment for the purpose of adoption is not required of the following persons:
(1) a parent whose rights with reference to the adoptee have been terminated pursuant to Subarticle 3, Article 11, Chapter 7 of Title 20; or
(2) a parent whom the family court finds to be mentally incapable of giving consent or relinquishment for the purpose of adoption and whom the court finds to be unlikely to provide minimally acceptable care of the adoptee and whose capacity is unlikely to be restored for a reasonable period of time, and, in the court's judgment, it would be detrimental to the adoptee to delay adoption. The court shall appoint a guardian ad litem for an incompetent parent for whom there has been no prior appointment and shall appoint independent counsel for an incompetent parent who is indigent. However, upon good cause shown, the court may waive the requirement for the appointment of independent counsel for an incompetent and indigent parent.;
(3) the biological parent of a child conceived as a result of that parent's criminal sexual conduct or incest as found by a court of competent jurisdiction unless, with respect to a conviction for criminal sexual conduct, the sentencing court makes specific findings on the record that the conviction resulted from consensual sexual conduct where neither the victim nor the actor were younger than fourteen years of age nor older than eighteen years of age at the time of the offense."
SECTION 3. Section 20-7-1572 of the 1976 Code, as last amended by Act 104 of 1999, is amended by adding an appropriately numbered item at the end to read:
"( ) conception of a child as a result of the criminal sexual conduct of a biological parent, as found by a court of competent jurisdiction, is grounds for terminating the rights of that biological parent, unless the sentencing court makes specific findings on the record that the conviction resulted from consensual sexual conduct where neither the victim nor the actor were younger than fourteen years of age nor older than eighteen years of age at the time of the offense."
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator FAIR explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was ordered returned to the House with amendments.
S. 286 (Word version) -- Senator Hawkins: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN INMAN, SOUTH CAROLINA, TO THE SPARTANBURG COUNTY DISTRICT ONE SCHOOL BOARD.
The House returned the Joint Resolution with amendments.
Senator HAWKINS proposed the following amendment (286R002.JDH), which was adopted:
Amend the joint resolution, as and if amended, by striking SECTION 1 in its entirety as found on page 1, lines 31 through 41 and page 2, lines 1 through 7 and inserting:
/ SECTION 1. Notwithstanding the provisions of Sections 25-1-1660 and 1-11-58, and Act 248 of 2004, the State Budget and Control Board is directed to transfer ownership of the surplus National Guard Armory located on the Oakland Avenue Extension, Inman, South Carolina, to the Spartanburg County District One School Board./
Renumber sections to conform.
Amend title to conform.
Senator HAWKINS explained the amendment.
The amendment was adopted.
There being no further amendments, the Joint Resolution was ordered returned to the House with amendments.
H. 3906 (Word version) -- Reps. Harrell, Bales and Neilson: A BILL TO AMEND SECTION 59-104-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO PROVIDE ALTERNATE QUALIFICATIONS FOR THE SCHOLARSHIP.
The House returned the Bill with amendments.
On motion of Senator SETZLER, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 348 (Word version) -- Senators Thomas and J. Verne Smith: A BILL TO AMEND SECTION 45-2-70 OF THE 1976 CODE, RELATING TO THE POSTING OF RULES IN LODGING ESTABLISHMENTS, TO REQUIRE THE POSTING OF A NOTICE REQUIRED BY SECTION 45-5-80; TO AMEND CHAPTER 5, TITLE 45 BY ADDING SECTION 45-5-80 TO PROVIDE THAT ALL LODGING ESTABLISHMENTS WITHOUT A SPRINKLER SYSTEM MUST POST A NOTICE IN A CONSPICUOUS PLACE AT OR NEAR THE GUEST REGISTRATION DESK; TO AMEND CHAPTER 5, TITLE 45 BY ADDING SECTION 45-5-90 TO REQUIRE THAT INSURANCE COMPANIES THAT PROVIDE PROPERTY INSURANCE FOR HOTELS THAT HAVE WATER SPRINKLER SYSTEMS THAT ARE NOT IN COMPLIANCE WITH NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS MUST INCLUDE A STATEMENT IN THE INSURED'S INSURANCE RENEWAL NOTICE THAT CALCULATES THE PREMIUM SAVINGS THE INSURED WOULD REALIZE IF THE MOTEL'S SPRINKLER SYSTEM WAS COMPLIANT WITH THOSE STANDARDS.
The House returned the Bill with amendments.
On motion of Senator THOMAS, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
H. 3767 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 12-2-75, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SIGNATORIES TO TAX RETURNS, SO AS TO AUTHORIZE A QUALIFIED TAX PREPARER TO SIGN ELECTRONICALLY; TO AMEND SECTION 12-4-30, RELATING TO COMPOSITION OF THE DEPARTMENT OF REVENUE, SO AS TO DELETE OUT-DATED LANGUAGE; TO AMEND SECTION 12-4-540, RELATING TO APPRAISAL, ASSESSMENT, AND EQUALIZATION OF TAXABLE VALUES OF CORPORATE PROPERTY, SO AS TO MAKE A GRAMMATICAL CHANGE; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO SECTIONS OF THE INTERNAL REVENUE CODE NOT
The House returned the Bill with amendments.
On motion of Senator HAYES, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 899 (Word version) -- Senator Campsen: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION
Returned with concurrence
Received as information
H. 3381 (Word version) -- Reps. Cato, Skelton, Jennings, W.D. Smith, Townsend, Merrill, Ott, Rice, Mack, Clark, Simrill, Harrison, Davenport, M. Hines, Harvin, Bailey, Bingham, Chellis, Clemmons, Cooper, Dantzler, Duncan, Edge, Harrell, Haskins, Herbkersman, Hinson, Kirsh, Leach, Lloyd, Loftis, Mahaffey, Martin, McCraw, McGee, Owens, Perry, E.H. Pitts, Sandifer, Scott, Stewart, Thompson, Toole, Tripp, Umphlett, Vaughn, Vick, White, Wilkins, Witherspoon, Young, Viers and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 39 SO AS TO ENACT THE "SOUTH CAROLINA LANDOWNER AND ADVERTISING PROTECTION AND PROPERTY VALUATION ACT", TO DEFINE CERTAIN TERMS FOR THE PURPOSES OF THE ACT, TO EMPOWER LOCAL GOVERNMENTS TO REQUIRE THE REMOVAL OF NONCONFORMING OFF-PREMISES OUTDOOR ADVERTISING SIGNS AND TO REGULATE THE USE OF THEM, TO AUTHORIZE LOCAL GOVERNING BODIES TO ENTER INTO AGREEMENTS WITH SIGN OWNERS TO RELOCATE AND RECONSTRUCT SIGNS, TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WHEN A SIGN IS REMOVED WITHOUT AN AGREEMENT BETWEEN THE PARTIES, AND TO PROVIDE FOR ARBITRATION BETWEEN THE PARTIES WHEN THEY FAIL TO REACH AN AGREEMENT.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator LEVENTIS proposed the following Amendment No. 1 (GGS\22180HTC05):
Amend the bill, as and if amended, in SECTION 2, page 6, by adding immediately after Section 39-14-30:
/ Section 39-14-40. (A) The fair market value of off-premises outdoor advertising signs for purposes of the property tax must be determined using the 'just compensation' valuation method provided pursuant to Section 39-14-20(3).
(B) The fair market value of the sign as reported on the sign owner's annual business personal property tax return filed with the South Carolina Department of Revenue must be the value as determined pursuant to subsection (A) of this section. /
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS argued in favor of the adoption of the amendment.
Senator MARTIN moved under Rule 15A to vote on the entire matter of H. 3381.
At 4:05 P.M., the "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Bryant Campsen Cromer Fair Hawkins Leatherman Martin McConnell Mescher O'Dell Peeler Ryberg Smith, J. Verne Thomas Verdin
Anderson Cleary Courson Drummond Ford Hayes Hutto Jackson Knotts Land Leventis Lourie Malloy Matthews McGill
Moore Patterson Reese Setzler Sheheen Short Williams
Having failed to receive the necessary vote, the motion under Rule 15A failed.
Senator LEVENTIS argued in favor of the adoption of the amendment.
Senator MARTIN moved under Rule 15A to vote on the entire matter of H. 3381.
At 4:33 P.M., the "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryant Campsen Cleary Cromer Fair Grooms Hawkins Leatherman Martin McConnell Mescher O'Dell Peeler Rankin Ritchie Ryberg Smith, J. Verne Thomas Verdin
Anderson Courson Drummond Elliott Ford Hayes Hutto Jackson Land Leventis Lourie Malloy Matthews McGill Moore Patterson Pinckney Reese
Scott Setzler Sheheen Short Williams
Having failed to receive the necessary vote, the motion under Rule 15A failed.
Senator LEVENTIS argued in favor of the adoption of the amendment.
With Senator LEVENTIS retaining the floor, on motion of Senator LEATHERMAN, with unanimous consent, debate was interrupted by the recess.
At 4:41 P.M., on motion of Senator LEATHERMAN, the Senate receded from business subject to the Call of the Chair.
At 4:56 P.M., the Senate resumed.
At 4:56 P.M., the PRESIDENT Pro Tempore assumed the Chair.
S. 184 (Word version) -- Senators Leatherman, Grooms, Mescher, Williams and McGill: A JOINT RESOLUTION TO CREATE THE FRANCIS MARION TRAIL COMMISSION TO ESTABLISH A HERITAGE AND TOURISM TRAIL HONORING FRANCIS MARION'S REVOLUTIONARY CAMPAIGNS AND TO ESTABLISH THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.
On motion of Senator LEATHERMAN, with unanimous consent, Free Conference Powers were granted.
Whereupon, Senators LEATHERMAN, McGILL and GROOMS were appointed to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.
On motion of Senator LEATHERMAN, the Report of the Committee of Free Conference to S. 184 was adopted as follows:
The General Assembly, Columbia, S.C., June 1, 2005
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 184 (Word version) -- Senators Leatherman, Grooms, Mescher, Williams and McGill: A JOINT RESOLUTION TO CREATE THE FRANCIS MARION TRAIL COMMISSION TO ESTABLISH A HERITAGE AND TOURISM TRAIL HONORING FRANCIS MARION'S REVOLUTIONARY CAMPAIGNS AND TO ESTABLISH THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the joint resolution, as and if amended, by deleting all after the enacting words and inserting therein the following:
Be it enacted by the General Assembly of the State of South Carolina:
/ SECTION 1. There is created the Francis Marion Trail Commission for the purpose of establishing a heritage and tourism trail to be designated as the Francis Marion Trail. The commission is authorized to solicit and raise funds for the trail from public or private sources, and, in coordination with the Department of Parks, Recreation and Tourism, to designate the location and route of the trail to be included in the department's State Trail System. The commission is empowered and directed to raise private funds, to solicit and receive private and public grants, and to receive gifts to carry out the purpose for which the commission is created. If necessary for proper funding to establish the trail, the commission may recommend an appropriation for the trail. The Department of Parks, Recreation and Tourism shall provide the necessary staff and assistance to the commission. After the trail is established, the Department of Parks, Recreation and Tourism must maintain the trail as part of the State Trail System, however, the commission shall continue to raise public and private funds to assist in maintaining the trail.
SECTION 2. The commission shall consist of the following seven members:
(1) the Director of the Department of Parks, Recreation and Tourism or his designee, ex officio;
(2) the President of Francis Marion University or his designee, ex officio;
(3) one member appointed by the President Pro Tempore of the Senate;
(4) one member appointed by the Speaker of the House;
(5) one member appointed by the Chairman of the Senate Finance Committee;
(6) one member appointed by the Chairman of the House Ways and Means Committee; and
(7) one member appointed by the Governor.
The members of the commission shall serve terms of four years and until their successors are appointed. Vacancies must be filled in the same manner as original appointment for the remainder of the unexpired term. The commission shall elect one of its members to serve as chairman for a term of two years. Commission members are not entitled to receive the subsistence, mileage, and per diem otherwise provided by law for members of state boards, committees, and commissions.
SECTION 3. The presidents of the historical societies located in each of the counties identified in this resolution, or their designees, shall serve on an advisory committee in a non-voting capacity.
SECTION 4. This joint resolution takes effect upon approval by the Governor. /
Amend the Joint Resolution further by deleting all before the enacting words and inserting:
/ TO CREATE THE FRANCIS MARION TRAIL COMMISSION TO ESTABLISH A HERITAGE AND TOURISM TRAIL HONORING FRANCIS MARION'S REVOLUTIONARY CAMPAIGNS, TO ESTABLISH THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS, AND TO PROVIDE THAT THE PRESIDENTS OF THE HISTORICAL SOCIETIES LOCATED IN CERTAIN COUNTIES SHALL SERVE ON AN ADVISORY COMMITTEE.
Whereas, the campaigns of General Francis Marion in the American Revolution are a source of inspiration and pride to the people of the State of South Carolina and the United States as a whole, and are recognized as having been instrumental in our country's fight for freedom; and
Whereas, the greater part of Francis Marion's campaigns took place in and immediately adjacent to the Pee Dee Region of South Carolina, particularly in the counties of Marion, Florence, Williamsburg, Horry, Georgetown, Berkeley, Charleston, Sumter, Clarendon, and Colleton; and
Whereas, the sites associated with Francis Marion in this area are largely unexplored and undeveloped, and offer little or no access to the public; and
Whereas, it is recognized that an understanding and appreciation of these sites will promote an understanding and appreciation of our heritage and the price of the freedom that we enjoy; and
Whereas, the State of South Carolina believes that a tourism trail focusing on these Francis Marion sites and the area in which they are located will promote such goals as well as tourism in this area of South Carolina. Now, therefore, /
Amend title to conform.
/s/Sen. Hugh K. Leatherman, Sr. /s/Rep. C. David Umphlett, Jr. /s/Sen. J. Yancey McGill /s/Rep. Nelson L. Hardwick /s/Sen. Lawrence K. Grooms /s/Rep. Thomas N. Rhoad On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
S. 165 (Word version) -- Senators Elliott, Hayes, Alexander, Fair and Richardson: A BILL TO AMEND SECTION 12-33-245, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOL TAXES, SO AS TO PROVIDE FOR AN EXCISE TAX ON THE GROSS PROCEEDS OF THE SALE OF ALCOHOLIC LIQUOR BY THE DRINK AND TO PROVIDE FOR DISTRIBUTIONS FROM THE LOCAL GOVERNMENT FUND TO REVISE THE AMOUNT OF THE DISTRIBUTION TO COUNTIES THAT MUST BE USED FOR ALCOHOL EDUCATION AND ALCOHOLISM AND DRUG REHABILITATION BUT TO PROVIDE THAT IN NO CASE MAY THE AMOUNT PROVIDED BE LESS THAN THE AMOUNT DISTRIBUTED IN FISCAL YEAR 2003-2004; TO AMEND SECTION 12-36-90, RELATING TO THE GROSS PROCEEDS OF SALE, SO AS TO EXEMPT THE EXCISE TAX FOR ALCOHOLIC LIQUOR BY THE DRINK; TO AMEND SECTIONS 61-4-120,
On motion of Senator MARTIN, with unanimous consent, Free Conference Powers were granted.
Whereupon, Senators MARTIN, KNOTTS and SHEHEEN were appointed to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.
Senator MARTIN gave notice of a motion on suspending or amending the provisions of Rule 37.
Senator MARTIN asked unanimous consent to make a motion that, when the Senate adjourns today, it stand adjourned to meet tomorrow at 10:30 A.M.
There was no objection and the motion was adopted.
Senator RANKIN asked unanimous consent to make a motion to recall the following appointment from the Committee on Judiciary:
Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 2002, and to expire May 19, 2009
Horry:
John T. Molnar, 23 South Gate Road, Myrtle Beach, S.C. 29572 VICE Vernie Dove
Senator MESCHER objected.
On motion of Senator DRUMMOND, with unanimous consent, the Senate stood adjourned out of respect to the memory of Reverend Timothy Bailey of Ware Shoals, S.C. Reverend Bailey lost his life while saving two of his sons who were drowning.
At 5:06 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 10:30 A.M.
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