Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 2:00 P.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, hear the Psalmist as he said some years back,
Psalm 114:7:
"Tremble, O earth, at the presence of the Lord, at the presence of the God of Jacob, who turned the rock into a pool of water, the flint into a fountain of waters."
Let us pray.
Holy God, remove the veil that clouds our vision and understanding of a powerful God in whose presence we should tremble. We didn't even tremble last week when we let loose from earth a man-made spacecraft that will arrive on Pluto nine years from now!
In these days when the concept of a HOLY DEITY is declared a myth, quicken our awareness of the God that LIVES and REIGNS in the lives of loving and faithful hearts.
Count us in this crowd, Good Lord!
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable Mark C. Sanford:
Initial Appointment, Newberry County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Hon. Ronald Halfacre, 1810 Harper Street, Newberry, S.C. 29108 VICE Joseph Beckham Griffin
Initial Appointment, Newberry County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Hon. Gordon Johnson, 1916 Harrington St., Newberry, S.C. 29108 VICE Tom Abraham
Senator SHORT introduced Dr. Kenneth Hill of Union, S.C., Doctor of the Day.
On motion of Senator LAND, at 2:05 P.M., Senator DRUMMOND was granted a leave of absence for today and tomorrow.
S. 991 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 34-21-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SECURING OF FUNDS RECEIVED OR HELD IN TRUST BY A BANK OR TRUST COMPANY, SO AS TO FURTHER PROVIDE FOR ACCEPTABLE FORMS OF SECURITY.
On motion of Senator LAND, with unanimous consent, the names of Senator LAND and MOORE were added as co-sponsors of S. 991.
S. 523 (Word version) -- Senators Richardson, Thomas and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-130 SO AS TO PROVIDE THAT AN EMPLOYER WHO EMPLOYS AN ILLEGAL ALIEN FOR WORK IN THIS STATE IS SUBJECT TO AN ADMINISTRATIVE FINE AND LOSS OF LICENSING BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.
On motion of Senator BRYANT, with unanimous consent, the name of Senator BRYANT was added as a co-sponsor of S. 523.
The following were introduced:
S. 1079 (Word version) -- Senator Rankin: A SENATE RESOLUTION TO RECOGNIZE AND HONOR ONE OF SOUTH CAROLINA'S MOST FAMOUS NATIVE DAUGHTERS, ENTERTAINMENT JOURNALIST, NANCY O'DELL, FOR HER TREMENDOUS ACCOMPLISHMENTS IN THE FIELDS OF ENTERTAINMENT AND JOURNALISM AND TO THANK HER FOR BEING SUCH A WONDERFUL GOODWILL AMBASSADOR FOR THE STATE OF SOUTH CAROLINA.
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The Senate Resolution was adopted.
S. 1080 (Word version) -- Senators Sheheen, Martin, Grooms and Bryant: A BILL TO AMEND SECTION 11-35-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPETITIVE SEALED BIDDING UNDER THE CONSOLIDATED PROCUREMENT CODE, SO AS TO PROVIDE THAT IN MAKING PROCUREMENTS WHICH REQUIRE BIDDING PURSUANT TO THIS SECTION, SOUTH CAROLINA FIRMS OR SOUTH CAROLINA PRODUCED OR MANUFACTURED PRODUCTS MUST BE AWARDED A TWENTY PERCENT PREFERENCE OVER OUT-OF-STATE FIRMS OR PRODUCTS, AND AMERICAN FIRMS OR AMERICAN PRODUCED OR MANUFACTURED PRODUCTS MUST BE AWARDED A TWENTY PERCENT PREFERENCE OVER FOREIGN FIRMS OR PRODUCTS.
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Senator SHEHEEN spoke on the Bill.
Read the first time and referred to the Committee on Finance.
S. 1081 (Word version) -- Senators Jackson, McGill, Leventis, Matthews, Moore, Sheheen, Malloy, Patterson, Ford, Setzler, Drummond, Reese, Lourie, Short, Pinckney and Hutto: A JOINT RESOLUTION TO PROVIDE THAT ONE-HALF OF THE SURPLUS GENERAL FUND REVENUE FROM FISCAL YEAR 2006-07 UNTIL FISCAL YEAR 2015-16 MUST BE SET ASIDE BY THE STATE TREASURER IN A SEPARATE ACCOUNT DESIGNATED FOR PUBLIC SCHOOL INFRASTRUCTURE PURPOSES AND PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL ALLOCATE THE FUNDS TO SCHOOL DISTRICTS.
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Read the first time and referred to the Committee on Finance.
S. 1082 (Word version) -- Senators Moore, Rankin, Alexander and McConnell: A BILL TO AMEND SECTIONS 58-3-100 AND 58-3-240, BOTH AS AMENDED; SECTIONS 58-3-310 AND 58-3-320; SECTIONS 58-5-10, 58-5-30, AND 58-5-40, ALL AS AMENDED; SECTIONS 58-5-220 AND 58-5-230; SECTION 58-5-240, AS AMENDED; SECTIONS 58-5-270, 58-5-300, 58-5-310, 58-5-320, 58-5-340, AND 58-5-350; SECTIONS 58-5-710 AND 58-5-720, BOTH AS AMENDED; SECTIONS 58-5-730, 58-5-920, AND 58-5-930; SECTION 58-5-940, AS AMENDED; SECTIONS 58-5-950, 58-5-960, 58-5-970, 58-5-980, 58-5-990, 58-5-1000, 58-5-1010, 58-5-1040, 58-5-1050, AND SECTION 58-9-10, AS AMENDED; SECTION 58-9-230, AS AMENDED; SECTION 58-9-270; SECTION 58-9-280, AS AMENDED; SECTIONS 58-9-290 AND 58-9-300; SECTION 58-9-320, AS AMENDED; SECTIONS 58-9-340, 58-9-370, 58-9-380, 58-9-390, AND 58-9-510; SECTION 58-9-520, AS AMENDED; SECTIONS 58-9-540, 58-9-575, 58-9-576, 58-9-577, AND 58-9-585, ALL AS AMENDED; ARTICLE 7, CHAPTER 9, TITLE 58; SECTIONS 58-9-1010, 58-9-1020, 58-9-1030, 58-9-1040, 58-9-1050, 58-9-1060, 58-9-1070, 58-9-1080, 58-9-1090, 58-9-1100, 58-9-1110, 58-9-1120, 58-9-1130, 58-9-1150, 58-9-1160, 58-9-1230, 58-9-1410, 58-9-1480, 58-9-1650, AND SECTION 58-9-2240, AS AMENDED; ARTICLE 21, CHAPTER 9, TITLE 58, AS AMENDED; SECTION 58-9-2620, AS AMENDED; SECTIONS 58-11-10 AND 58-11-30; SECTIONS 58-11-60 AND 58-11-70, BOTH AS AMENDED; SECTIONS 58-11-120, 58-11-160, 58-11-200, 58-11-220, 58-11-230, 58-11-240, 58-11-260, 58-11-410, 58-11-420, 58-11-430, 58-11-450, 58-11-460, 58-11-480, 58-11-490, 58-11-500, 58-11-510, 58-11-520, 58-11-530, 58-11-580, 58-11-600, 58-13-430, AND 58-15-1140; SECTIONS 58-15-940 AND 58-15-950, BOTH AS AMENDED; SECTIONS 58-15-960, 58-15-1520, 58-15-1700, 58-15-1710, 58-17-110, 58-17-140, 58-17-150, 58-17-170, 58-17-180, 58-17-190, 58-17-200, 58-17-320, 58-17-930, 58-17-940, AND 58-17-1320; ARTICLE 13, CHAPTER 17, TITLE 58; SECTIONS 58-17-1850, 58-17-1900, 58-17-1910, 58-17-2000, 58-17-2030, 58-17-2090, 58-17-2350, 58-17-2680, 58-17-3030, 58-17-3080, 58-17-3090, 58-17-3120, 58-17-3310, 58-17-3350, 58-17-3360, 58-17-3410, 58-17-3440, 58-17-3450, 58-17-3460, 58-17-3930, 58-17-3940, 58-17-3980, 58-17-4140, 58-17-4170, 58-23-10, AND 58-23-40; ARTICLE 3, CHAPTER 23, TITLE 58; SECTION 58-23-510; SECTIONS 58-23-530, 58-23-550, 58-23-560, 58-23-590, 58-23-630, 58-23-910, AND 58-23-1010, ALL AS AMENDED; SECTIONS 58-23-1080 AND 58-23-1090; ARTICLE 12, CHAPTER 23, TITLE 58; SECTIONS 58-27-10 AND 58-27-40; SECTION 58-27-50, AS AMENDED; SECTIONS 58-27-70, 58-27-140, 58-27-160, 58-27-170, 58-27-180, 58-27-190, 58-27-200, 58-27-210, 58-27-220, AND 58-27-430; SECTION 58-27-650, AS AMENDED; SECTIONS 58-27-660, 58-27-820, AND 58-27-850; SECTIONS 58-27-860, 58-27-865, AND 58-27-870, ALL AS AMENDED; SECTIONS 58-27-920 AND 58-27-930; SECTION 58-27-940, AS AMENDED; SECTIONS 58-27-950, 58-27-960, 58-27-1210, 58-27-1240, 58-27-1260, AND 58-27-1270; SECTION 58-27-1280, AS AMENDED; SECTION 58-27-1290; SECTION 58-27-1300, AS AMENDED; SECTIONS 58-27-1330 AND 58-27-1340; SECTION 58-27-1360, AS AMENDED; SECTIONS 58-27-1520, 58-27-1540, 58-27-1550, 58-27-1560, 58-27-1570, 58-27-1590, 58-27-1720, 58-27-1730, 58-27-1920, 58-27-1940, 58-27-1950, 58-27-1970, 58-27-1990, 58-27-2000, 58-27-2010, 58-27-2020, 58-27-2030, 58-27-2040, 58-27-2050, 58-27-2060, AND 58-27-2070; SECTION 58-27-2090, AS AMENDED; SECTIONS 58-27-2130, 58-27-2310, 58-27-2330, 58-27-2440, 58-31-380, 58-33-10, 58-33-20, AND 58-33-120; SECTION 58-33-140, AS AMENDED; SECTIONS 58-33-310, 58-33-320, 58-33-420, AND 58-33-430; SECTION 58-35-70, AS AMENDED; SECTION 44-55-120; SECTIONS 48-46-40 AND 48-52-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO VARIOUS POWERS, DUTIES, AND FUNCTIONS OF THE PUBLIC SERVICE COMMISSION, SO AS TO CONFORM THESE PROVISIONS TO ACT 175 OF 2004, WHICH CREATED THE OFFICE OF REGULATORY STAFF AND WHICH, AMONG OTHER THINGS, DEVOLVED CERTAIN POWERS, DUTIES, AND FUNCTIONS OF THE COMMISSION UPON THIS OFFICE AND WHICH PROVIDED FOR CERTAIN SHARED RESPONSIBILITIES BETWEEN THE COMMISSION AND THIS OFFICE, AND IN CONFORMING THE PROVISIONS CONTAINED IN THIS ACT WITH ACT 175 OF 2004, TO FURTHER CLARIFY AND SPECIFY THE POWERS, DUTIES, AND RESPONSIBILITIES OF THE PUBLIC SERVICE COMMISSION AND THE OFFICE OF REGULATORY STAFF; AND TO REPEAL SECTIONS 58-5-280, 58-9-840, 58-11-590, AND 58-27-60, RELATING TO CERTAIN POWERS OF THE PUBLIC SERVICE COMMISSION.
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Read the first time and referred to the Committee on Judiciary.
S. 1083 (Word version) -- Senators Martin, Ford, Ritchie, Malloy and Cromer: A BILL TO AMEND ACT 166 OF 2005, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES AND THEIR PENALTIES, SO AS TO EXTEND THE TIME PERIOD THAT THE STUDY COMMITTEE ON CRIMINAL DOMESTIC VIOLENCE ISSUES CREATED BY THIS ACT IS SCHEDULED TO REPORT ITS RECOMMENDATIONS TO THE GENERAL ASSEMBLY FROM FEBRUARY 15, 2006, TO THE APPROPRIATE TIME AFTER THE COMMITTEE HAS DETERMINED ITS RECOMMENDATIONS AND A FINAL REPORT OF THE COMMITTEE IS SUBMITTED TO THE GENERAL ASSEMBLY.
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Read the first time and referred to the Committee on Judiciary.
S. 1084 (Word version) -- Senators McConnell, Ritchie, Bryant and Campsen: A BILL TO ENACT THE "UNBORN VICTIMS OF VIOLENCE ACT OF 2006" BY ADDING SECTION 16-3-1083, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT A PERSON WHO COMMITS A VIOLENT CRIME THAT CAUSES THE DEATH OF, OR INJURY TO, A CHILD IN UTERO IS GUILTY OF A SEPARATE OFFENSE AND THAT THE PERSON MUST BE PUNISHED AS IF THE DEATH OR INJURY OCCURRED TO THE UNBORN CHILD'S MOTHER; TO SPECIFY CERTAIN ELEMENTS THAT ARE NOT REQUIRED TO BE PROVEN; TO PROVIDE THAT THE PERSON MUST BE PUNISHED FOR MURDER OR ATTEMPTED MURDER IF THE PERSON INTENTIONALLY KILLED OR ATTEMPTED TO KILL THE UNBORN CHILD; TO PROHIBIT IMPOSING THE DEATH PENALTY FOR AN OFFENSE PROSECUTED PURSUANT TO THIS SECTION; AND TO PROHIBIT THE PROSECUTION OF A PERSON FOR CONDUCT RELATED TO AN ABORTION IF PROPER CONSENT WAS OBTAINED AND TO MEDICAL TREATMENT OF A PREGNANT WOMAN AND OF A WOMAN WITH RESPECT TO HER UNBORN CHILD.
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Read the first time and referred to the Committee on Judiciary.
S. 1085 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 56-16-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS CONTAINED IN CERTAIN PROVISIONS THAT REGULATE MOTORCYCLE MANUFACTURERS, DISTRIBUTORS, DEALERS, AND WHOLESALERS, SO AS TO REVISE THE DEFINITIONS OF THE TERMS "MANUFACTURER", "DEALERSHIP FACILITIES", "FRANCHISE", AND "DEALER", AND TO PROVIDE DEFINITIONS FOR THE TERMS "MOTORCYCLE DEALERSHIP" AND "DEPARTMENT"; TO AMEND SECTION 56-16-40, RELATING TO THE PROCEDURE A MANUFACTURER WHO SEEKS TO ENTER INTO A FRANCHISE ESTABLISHING AN ADDITIONAL NEW MOTORCYCLE DEALERSHIP OR RELOCATING AN EXISTING NEW MOTORCYCLE DEALERSHIP IN A RELEVANT MARKET AREA WHERE THIS LINE MAKE IS REPRESENTED MUST FOLLOW, SO AS TO DELETE THE EXISTING PROCEDURE AND ESTABLISH A NEW PROCEDURE; TO ADD SECTION 56-16-45 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR CERTAIN ENTITIES TO OWN, OPERATE, OR CONTROL A MOTORCYCLE DEALERSHIP OR TO ESTABLISH AN ADDITIONAL DEALER OR MOTORCYCLE DEALERSHIP UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT IT IS UNLAWFUL FOR CERTAIN ENTITIES TO COMPETE UNFAIRLY WITH A MOTORCYCLE DEALER UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT IT IS UNLAWFUL FOR CERTAIN ENTITIES TO OWN A FACILITY THAT ENGAGES PRIMARILY IN THE REPAIR OF MOTORCYCLES; TO AMEND SECTION 56-16-50, RELATING TO THE COMPENSATION OF A MOTORCYCLE DEALER UPON TERMINATION, NONRENEWAL, OR CANCELLATION OF A FRANCHISE BY A MANUFACTURER OR DISTRIBUTOR, SO AS TO MAKE A TECHNICAL CHANGE, TO PROVIDE THAT THE PROVISIONS CONTAINED IN SECTION 56-16-45 ARE APPLICABLE TO THIS PROVISION, TO PROVIDE THAT THE MOTORCYCLE DEALER MUST BE COMPENSATED FOR THE REASONABLE GOOD WILL FOR THE FRANCHISE, AND TO REVISE THE CONDITIONS UPON WHICH A DEALER MAY BE COMPENSATED; TO ADD SECTION 56-16-85 SO AS TO PROVIDE THAT THE PROVISIONS THAT REGULATE MOTORCYCLE MANUFACTURERS, DISTRIBUTORS, DEALERS, AND WHOLESALERS APPLY TO ALL WRITTEN AND ORAL AGREEMENTS BETWEEN A MANUFACTURER, FACTORY BRANCH, DISTRIBUTOR BRANCH, DISTRIBUTOR, WHOLESALER, OR FRANCHISOR WITH A MOTORCYCLE DEALER; TO ADD SECTION 56-16-86 SO AS TO PROVIDE THAT A DEALERSHIP MAY CONTRACT WITH AN ON-LINE ELECTRONIC SERVICE TO PROVIDE MOTORCYCLES TO CONSUMERS IN THIS STATE; TO AMEND SECTION 56-16-100, RELATING TO CERTAIN PRACTICES ENGAGED IN BY A MANUFACTURER, FACTORY BRANCH, FACTORY REPRESENTATIVE, OR MOTORCYCLE DEALER WHICH ARE UNLAWFUL, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO WHOLESALERS AND WHOLESALER REPRESENTATIVES, TO MAKE TECHNICAL CHANGES, AND TO PROVIDE THE STANDARD OF PROOF THAT A MANUFACTURER MUST BEAR IN A PROCEEDING THAT ARISES PURSUANT TO THIS SECTION; TO AMEND SECTION 56-16-200, RELATING TO RELIEF AVAILABLE TO PERSONS INJURED PURSUANT TO THE PROVISIONS CONTAINED IN THIS CHAPTER, SO AS TO PROVIDE FOR ADDITIONAL INJUNCTIVE RELIEF, AND TO PROVIDE THAT PUNITIVE DAMAGES MAY BE AWARDED IF A DEFENDANT HAS ACTED IN BAD FAITH; TO ADD SECTION 56-16-205 SO AS TO PROVIDE FOR THE STATUTE OF LIMITATIONS FOR THE COMMENCEMENT OF AN ACTION THAT ARISES OUT OF A PROVISION RELATING TO THE REGULATION OF MOTORCYCLE MANUFACTURERS, DISTRIBUTORS, DEALERS, AND WHOLESALERS; TO AMEND SECTION 56-16-210, RELATING TO CONTRACTS THAT VIOLATE THE PROVISIONS THAT REGULATE MOTORCYCLE MANUFACTURERS, DISTRIBUTORS, DEALERS, AND WHOLESALERS, SO AS TO PROVIDE THAT THIS STATE'S LAW APPLIES TO ANY FRANCHISE FOR A DEALERSHIP LOCATED IN THIS STATE, AND THAT VENUE IS IN THIS STATE FOR AN ACTION BROUGHT PURSUANT TO THESE PROVISIONS; AND TO REPEAL SECTION 56-16-70, RELATING TO A DEALER'S VOLUNTARY CANCELLATION, NONRENEWAL, OR TERMINATION OF A FRANCHISE AGREEMENT.
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Read the first time and referred to the Committee on Transportation.
S. 1086 (Word version) -- Senator Verdin: A BILL RELATING TO THE INCORPORATION OF THE BOARD OF TRUSTEES OF PRESBYTERIAN COLLEGE, TO PROVIDE A CORPORATE NAME TO THE BOARD OF TRUSTEES, TO DEFINE AND ENUMERATE THE COMPOSITION AND POWERS OF THE BOARD, TO PROVIDE FOR AN EXECUTIVE COMMITTEE OF THE BOARD, TO PROVIDE FOR AWARDING DEGREES AND MARKS OF DISTINCTION, AND TO PROVIDE FOR CORPORATE SUCCESSION TO THE BOARD.
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Read the first time and referred to the Committee on Education.
H. 4271 (Word version) -- Reps. Scott, Ballentine, J. H. Neal, Howard and Clark: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF INTERSTATE HIGHWAY 20 IN LEXINGTON COUNTY FROM MILE MARKER 59 TO MILE MARKER 60 THE "DEPUTY SHERIFF BYRON 'KEITH' CANNON MEMORIAL HIGHWAY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "DEPUTY SHERIFF BYRON 'KEITH' CANNON MEMORIAL HIGHWAY".
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 4376 (Word version) -- Rep. Cooper: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE SALUDA RIVER ALONG SOUTH CAROLINA HIGHWAY 20 IN ANDERSON AND GREENVILLE COUNTIES THE "HAROLD L. DRENNON, JR. MEMORIAL BRIDGE", AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "HAROLD L. DRENNON, JR. MEMORIAL BRIDGE".
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 4408 (Word version) -- Rep. Talley: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE LOCATED AT THE INTERSECTION OF INTERSTATE HIGHWAY 26 AND REIDVILLE ROAD IN SPARTANBURG COUNTY THE "PFC MICHAEL SCOTT ADAMS MEMORIAL BRIDGE" AND TO ERECT APPROPRIATE SIGNS OR MARKERS AT THIS BRIDGE THAT CONTAIN THE WORDS "PFC MICHAEL SCOTT ADAMS MEMORIAL BRIDGE" IN HONOR OF A BRAVE AMERICAN SOLDIER WHO MADE THE ULTIMATE SACRIFICE WHILE DEFENDING HIS COUNTRY IN IRAQ.
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 4464 (Word version) -- Reps. Hinson, Merrill, Dantzler and Limehouse: A BILL TO AMEND ACT 518 OF 1982, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF BERKELEY COUNTY, THE ELECTION OF ITS MEMBERS, AND THE AUTHORITY OF THE COUNTY BOARD OF EDUCATION TO PREPARE AN OPERATIONAL BUDGET AND SET THE NECESSARY TAX MILLAGE TO SUPPORT THE MILLAGE, SO AS TO PROVIDE THAT THE GOVERNING BODY OF BERKELEY COUNTY SHALL APPROVE BOTH THE BUDGET AND THE TAX MILLAGE NECESSARY TO FUND THE BUDGET.
Read the first time and ordered placed on the Local and Uncontested Calendar.
H. 4484 (Word version) -- Reps. Harrell, Umphlett, Leach, Rice, Brady, Vaughn, Coates, Hagood, Sinclair, Haley, Talley, Stewart, Toole, Duncan, Clark, Bailey, Hinson, Mahaffey, Merrill, G. R. Smith, J. R. Smith, Walker and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THE EDUCATION OVERSIGHT COMMITTEE TO INVENTORY AND STUDY ALL FOUR-YEAR-OLD KINDERGARTEN PROGRAMS IN THIS STATE FUNDED IN WHOLE OR IN PART WITH FEDERAL, STATE, OR LOCAL PUBLIC FUNDS; TO REQUEST THE EDUCATION OVERSIGHT COMMITTEE TO DETERMINE THE NECESSARY REQUIREMENTS TO IMPLEMENT A FULL DAY FOUR-YEAR-OLD KINDERGARTEN PROGRAM IN EACH OF THE EIGHT PLAINTIFF SCHOOL DISTRICTS IN THE CASE OF ABBEVILLE COUNTY SCHOOL DISTRICT, ET AL., V. STATE OF SOUTH CAROLINA, ET AL. FOR ALL CHILDREN WHO QUALIFY FOR FREE OR REDUCED PRICED LUNCH AND IN ADDITION TO IMPLEMENT A STATEWIDE FULL DAY FOUR-YEAR-OLD KINDERGARTEN PROGRAM FOR ALL CHILDREN WHO QUALIFY FOR A FREE OR REDUCED PRICE LUNCH; TO REQUEST THE EDUCATION OVERSIGHT COMMITTEE TO COLLABORATE WITH THE OFFICE OF FIRST STEPS TO SCHOOL READINESS IN PERFORMING THESE STUDIES; AND TO SUBMIT THESE REQUESTED STUDIES TO EACH HOUSE OF THE GENERAL ASSEMBLY BY MARCH 15, 2006.
The Concurrent Resolution was introduced and referred to the Committee on Education.
H. 4495 (Word version) -- Reps. M. A. Pitts, Parks, Pinson and Taylor: A CONCURRENT RESOLUTION TO COMMEND THE STUDENT COUNCIL OF WARE SHOALS HIGH SCHOOL FOR THE OUTSTANDING GENEROSITY THE STUDENTS EXHIBITED IN SUPPORTING SEVERAL CHARITABLE CAUSES AND TO RECOGNIZE THEM AS A STELLAR EXAMPLE OF PHILANTHROPY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4507 (Word version) -- Reps. J. Hines, Weeks, J. Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Haskins, Hayes, Herbkersman, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE, HONOR, AND COMMEND GREENWOOD NATIVE THE REVEREND DR. BENJAMIN J. GLOVER FOR HIS LIFETIME SERVICES AS A FATHER, PASTOR, EDUCATOR, AND COMMUNITY LEADER, AND TO CELEBRATE HIS NINETY-FIRST BIRTHDAY, AS WELL AS WISHING HIM MANY MORE TO COME IN THE FUTURE.
The Concurrent Resolution was adopted, ordered returned to the House.
The following Resolutions were returned to the Senate with concurrence and received as information:
S. 1068 (Word version) -- Senator Anderson: A CONCURRENT RESOLUTION WELCOMING MR. TOM JOYNER AND THE TOM JOYNER MORNING SHOW "SKY SHOW" TO THE CITY OF GREENVILLE, SOUTH CAROLINA, ON FEBRUARY 3, 2006, AND THANKING HIM AND THE TOM JOYNER FOUNDATION FOR HIGHLIGHTING THE ACHIEVEMENTS OF AND PROVIDING FINANCIAL SUPPORT TO SOUTH CAROLINA'S HISTORICALLY BLACK COLLEGES AND UNIVERSITIES.
S. 1069 (Word version) -- Senator Hutto: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY AT THE DEATH OF MRS. CAMILLE CUNNINGHAM SHARP OF ALLENDALE COUNTY AND TO EXTEND SYMPATHY TO HER FAMILY AND MANY FRIENDS.
S. 1076 (Word version) -- Senator Anderson: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND COLUMBIA NATIVE DANIEL W. THOMPSON OF RICHLAND COUNTY FOR HIS LIFETIME SERVICES AND COMMITMENTS TO SOUTH CAROLINA, TO CELEBRATE HIS EIGHTY-SIXTH BIRTHDAY, AND WISH HIM MANY RETURNS OF THE DAY.
S. 1077 (Word version) -- Senators Lourie, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, 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 CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE PASSING OF THE HONORABLE HYMAN S. RUBIN AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill and Joint Resolutions were read the third time and ordered sent to the House of Representatives:
S. 1024 (Word version) -- Senator Thomas: A JOINT RESOLUTION TO POSTPONE UNTIL 2007 THE IMPLEMENTATION OF THE VALUES DETERMINED IN GREENVILLE COUNTY'S MOST RECENTLY COMPLETED COUNTYWIDE APPRAISAL AND EQUALIZATION PLAN.
By prior motion of Senator THOMAS
S. 617 (Word version) -- Senators Alexander, Setzler, Short, Verdin, Ryberg, Knotts, Campsen and Ritchie: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE, INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, AND THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL, SO AS TO DELETE THE RESTRICTIONS LIMITING SUCH INVESTMENTS TO AMERICAN-BASED CORPORATIONS REGISTERED ON AN AMERICAN NATIONAL EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATION SYSTEM; AND TO PROPOSE A FURTHER AMENDMENT TO SECTION 16, ARTICLE X, SO AS TO ELIMINATE THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL.
By prior motion of Senator ALEXANDER, with unanimous consent
S. 800 (Word version) -- Senators Sheheen and Hawkins: A BILL TO AMEND SECTION 56-5-6450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR A VIOLATION OF CHILD RESTRAINT LAWS, SO AS TO INCREASE THE FINE FROM TWENTY-FIVE DOLLARS TO TWO HUNDRED DOLLARS AND PROVIDE FOR A FINE OF FIVE HUNDRED DOLLARS OR IMPRISONMENT OF NOT MORE THAN THIRTY DAYS IF INJURY TO A CHILD RESULTS FROM A VIOLATION.
The following Bills, having been read the second time, were ordered placed on the Third Reading Calendar:
H. 4422 (Word version) -- Reps. Jennings, Witherspoon, Battle, Hayes, Branham, Clemmons, J. Hines, M. Hines, Lucas, Miller, Neilson, Viers, Coates, McGee, Anderson, Vick, McLeod, Kennedy, Hodges, Ott, Jefferson and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-618 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY IMPOSE AND COLLECT A TOLL ALONG THE PROPOSED INTERSTATE 73 UPON COMPLETION OF THIS HIGHWAY PROJECT TO BE USED TO PAY FOR THE COST OF PLANNING, RIGHT-OF-WAY ACQUISITIONS, FINANCING, CONSTRUCTION, OPERATION, AND OTHER EXPENSES ASSOCIATED WITH THIS PROJECT, AND FOR THE REMOVAL OF THE TOLLS UPON PAYMENT OF ALL SUCH COSTS.
Senator HUTTO explained the Bill.
On motion of Senator RYBERG, with unanimous consent, H. 4422 was ordered to receive a third reading on Thursday, January 26, 2006.
S. 1074 (Word version) -- Senator O'Dell: A BILL TO AMEND SECTIONS 59-53-210 AND 59-53-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE TRI-COUNTY TECHNICAL COLLEGE DISTRICT AND THE TRI-COUNTY TECHNICAL COLLEGE COMMISSION AND THE EDUCATION INSTITUTION CREATED AND OPERATED BY THE COMMISSION, SO AS TO CHANGE THE NAME OF THE DISTRICT TO THE TRI-COUNTY TECHNICAL AND COMMUNITY COLLEGE DISTRICT, TO CHANGE THE NAME OF THE COMMISSION TO THE TRI-COUNTY TECHNICAL AND COMMUNITY COLLEGE COMMISSION, AND TO AUTHORIZE THE COMMISSION TO NAME THE EDUCATIONAL INSTITUTION CREATED AND OPERATED BY IT AS THE TRI-COUNTY COMMUNITY COLLEGE.
S. 1078 (Word version) -- Senators Cleary, Rankin and McGill: A BILL TO AMEND JOINT RESOLUTION 272 OF 1985, RELATING TO THE MURRELL'S INLET-GARDEN CITY FIRE DISTRICT IN GEORGETOWN AND HORRY COUNTIES, SO AS TO AUTHORIZE THE BOARD OF FIRE CONTROL FOR THE DISTRICT TO USE A PORTION OF THE IMPACT FEES TO CONSTRUCT A FACILITY OR BUILDING IN WHICH TO HOUSE OR STORE FIRE FIGHTING EQUIPMENT.
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 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.
S. 1039 (Word version) -- Senators McGill, Elliott, Cleary, Leatherman, Malloy, Land, Williams and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-618 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY IMPOSE AND COLLECT A TOLL ALONG THE PROPOSED INTERSTATE 73 UPON COMPLETION OF THIS HIGHWAY PROJECT TO BE USED TO PAY FOR THE COST OF PLANNING, RIGHT-OF-WAY ACQUISITIONS, FINANCING, CONSTRUCTION, OPERATION, MAINTENANCE, AND OTHER EXPENSES ASSOCIATED WITH THIS PROJECT, AND FOR THE REMOVAL OF THE TOLLS UPON PAYMENT OF ALL SUCH COSTS.
Senator RYBERG asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator RYBERG asked unanimous consent to recommit the Bill to the Committee on Transportation.
There was no objection.
The Bill was recommitted to the Committee on Transportation.
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.
HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.
S. 384 (Word version) -- Senators Lourie, Thomas, Reese, Bryant, Knotts, Sheheen, Hutto, McGill, Jackson, Ford, Scott, Malloy, Land, Gregory, Drummond, Pinckney, Cromer, Short, Matthews, Campsen, Anderson and Hawkins: A BILL TO AMEND SECTION 16-17-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPPLYING MINORS WITH TOBACCO OR CIGARETTES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE SALE, FURNISHING, GIVING, DISTRIBUTION, AND PROVISION TO A MINOR OF CIGARETTES, TOBACCO, CIGARETTE PAPER, OR A TOBACCO PRODUCT; TO PROVIDE THAT CERTAIN INDIVIDUALS LESS THAN EIGHTEEN YEARS OF AGE MAY NOT PURCHASE, ACCEPT RECEIPT OF, POSSESS, ATTEMPT TO PURCHASE, ATTEMPT TO ACCEPT RECEIPT OF, OR ATTEMPT TO POSSESS A TOBACCO PRODUCT OR TO OFFER FRAUDULENT PROOF OF AGE FOR THE PURPOSE OF PURCHASING OR POSSESSING A TOBACCO PRODUCT; TO REVISE THE DISBURSEMENT OF FINES COLLECTED, SO AS TO DISTRIBUTE ONE-HALF OF THESE FINES TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR ITS YOUTH SMOKING PREVENTION PLAN; TO AUTHORIZE COMMUNITY SERVICE IN LIEU OF FINING A MINOR; AND TO REVISE THE PENALTIES FOR VIOLATIONS OF THIS SECTION.
The House returned the Bill with amendments.
The Senate proceeded to a consideration of the Bill, the question being concurrence with the House amendments.
Senator LOURIE proposed the following amendment (JUD0384.005), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. This act may be cited as the "Youth Access to Tobacco Prevention Act of 2006".
SECTION 2. Section 16-17-500 of the 1976 Code is amended to read:
"Section 16-17-500. (A) It shall be is unlawful for any person an individual to sell, furnish, give, distribute, purchase for, or provide any a tobacco product to a minor under the age of eighteen years with cigarettes, tobacco, cigarette paper, or any substitute therefor. Any person violating the provisions of this section, either in person, by agent or in any other way, shall be guilty of a misdemeanor and, upon indictment and conviction, therefor shall be punished as follows:
(1) for a first offense by a fine not exceeding twenty-five dollars;
(2) for a second offense, by a fine not exceeding fifty dollars; and
(3) for a third or subsequent offense, by a fine of not less than one hundred dollars or imprisonment for not more than one year nor less than sixty days, or both.
One-half of any fine imposed shall be paid to the informer of the offense and the other half to the treasurer of the county in which such conviction shall be had.
(B) It is unlawful to sell a tobacco product to an individual who does not present upon demand proper proof of age. Failure to demand identification to verify an individual's age is not a defense to an action initiated pursuant to this subsection. Proof that is demanded, is shown, and reasonably is relied upon for the individual's proof of age is a defense to an action initiated pursuant to this subsection.
(C) It is unlawful to sell a tobacco product through a vending machine unless the vending machine is located in an establishment:
(1) which is open only to individuals who are eighteen years of age or older; or
(2) where the vending machine is under continuous control by the owner or licensee of the premises, or an employee of the owner or licensee, can be operated only upon activation by the owner, licensee, or employee before each purchase, and is not accessible to the public when the establishment is closed.
(D)(1) An individual who knowingly violates a provision of subsections (A), (B), or (C) in person, by agent, or in any other way is guilty of a misdemeanor and, upon conviction, must be:
(a) for a first offense, fined not less than one hundred dollars nor more than two hundred dollars;
(b) for a second offense, which occurs within three years of the first offense, fined not less than two hundred dollars nor more than three hundred dollars;
(c) for a third or subsequent offense, which occurs within three years of the first offense, fined not less than three hundred dollars nor more than four hundred dollars.
(2) In lieu of the fine, the court may require an individual to successfully complete a Department of Alcohol and Other Drug Abuse Services approved merchant tobacco enforcement education program.
(E)(1) A minor under the age of eighteen years must not purchase, attempt to purchase, possess, or attempt to possess a tobacco product, or present or offer proof of age that is false or fraudulent for the purpose of purchasing or possessing a tobacco product.
(2) A minor who knowingly violates a provision of subsection (E)(1) in person, by agent, or in any other way commits a non-criminal offense and is subject to a civil fine of twenty-five dollars. The civil fine is subject to all applicable court costs, assessments, and surcharges.
(3) In lieu of the civil fine, the court may require a minor to successfully complete a Department of Health and Environmental Control approved smoking cessation or tobacco prevention program, or to perform not more than five hours of community service for a charitable institution.
(4) If a minor fails to pay the civil fine, successfully complete a smoking cessation or tobacco prevention program, or perform the required hours of community service as ordered by the court, the court may restrict the minor's driving privileges to driving only to and from school, work, and church, or as the court considers appropriate for a period of ninety days beginning from the date provided by the court. If the minor does not have a driver's license or permit, the court may delay the issuance of the minor's driver's license or permit for a period of ninety days beginning from the date the minor applies for a driver's license or permit. Upon restricting or delaying the issuance of the minor's driver's license or permit, the court must complete and remit to the Department of Motor Vehicles any required forms or documentation. The minor is not required to submit his driver's license or permit to the court or the Department of Motor Vehicles. The Department of Motor Vehicles must clearly indicate on the minor's driving record that the restriction or delayed issuance of the minor's driver's license or permit is not a traffic violation or a driver's license suspension. The Department of Motor Vehicles must notify the minor's parent, guardian, or custodian of the restriction or delayed issuance of the minor's driver's license or permit. At the completion of the ninety-day period, the Department of Motor Vehicles must remove the restriction or allow for the issuance of the minor's license or permit. No record may be maintained by the Department of Motor Vehicles of the restriction or delayed issuance of the minor's driver's license or permit after the ninety-day period. The restriction or delayed issuance of the minor's driver's license or permit must not be considered by any insurance company for automobile insurance purposes or result in any automobile insurance penalty, including any penalty under the Merit Rating Plan promulgated by the Department of Insurance.
(5) A violation of this subsection is not a criminal or delinquent offense and no criminal or delinquent record may be maintained. A minor may not be detained, taken into custody, arrested, placed in jail or in any other secure facility, committed to the custody of the Department of Juvenile Justice, or found to be in contempt of court for a violation of this subsection or for the failure to pay a fine, successfully complete a smoking cessation or tobacco prevention program, or perform community service.
(6) A violation of this subsection is not grounds for denying, suspending, or revoking an individual's participation in a state college or university financial assistance program including, but not limited to, a Life Scholarship, a Palmetto Fellows Scholarship, or a need-based grant.
(7) The uniform traffic ticket, established pursuant to Section 56-7-10, may be used by law enforcement officers for a violation of this subsection. A law enforcement officer issuing a uniform traffic ticket pursuant to this subsection must immediately seize the tobacco product. The law enforcement officer also must notify a minor's parent, guardian, or custodian of the minor's offense, if reasonable, within ten days of the issuance of the uniform traffic ticket.
(F) This section does not apply to the possession of a tobacco product by a minor working within the course and scope of his duties as an employee or participating within the course and scope of an authorized inspection or compliance check.
(G) Jurisdiction to hear a violation of this section is vested exclusively in the municipal court and the magistrate's court. A hearing pursuant to subsection (E) must be placed on the court's appropriate docket for traffic violations, and not on the court's docket for civil matters.
(H) A retail establishment that distributes tobacco products must train all retail sales employees regarding the unlawful distribution of tobacco products to minors.
(I) Notwithstanding any other provision of law, a violation of this section does not violate the terms and conditions of an establishment's beer and wine permit and is not grounds for revocation or suspension of a beer and wine permit."
SECTION 3. Section 16-17-501(2) of the 1976 Code is amended to read:
"(2) 'Proof of age' means a driver's license or other documentary or written evidence that the individual is eighteen years of age or older identification card issued by this State or a United States Armed Services identification card."
SECTION 4. 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 5. If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 6. This act takes effect six months after the date of approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator LOURIE explained the House amendment.
There being no further amendments, the Bill was ordered returned to the House with amendments.
THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
H. 3010 (Word version) -- Reps. W.D. Smith, Wilkins, G.R. Smith, Vaughn, Harrison, Davenport, Sandifer, Coates, Young, Leach, Viers, Littlejohn, Rice, Hinson, Clark, Walker, Mahaffey, Duncan, Hagood and Clemmons: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO PROVIDE FOR THE CREATION OF A CAROLINA PUBLIC CHARTER SCHOOL DISTRICT, ITS GOVERNANCE, AND ITS POWERS AND DUTIES; AND TO PROVIDE FOR THE MANNER IN WHICH A CHARTER SCHOOL SPONSORED BY THE CAROLINA PUBLIC CHARTER SCHOOL DISTRICT MUST BE FORMED, FUNDED, REGULATED, AND GOVERNED.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator McCONNELL spoke on the Bill.
Having voted on the prevailing side, Senator McCONNELL moved to reconsider the vote whereby the Bill was given a second reading.
There was no objection and the vote was reconsidered.
The question then was the second reading of the Bill.
Having voted on the prevailing side, Senator McCONNELL moved to reconsider the vote whereby Amendment Nos. 19, 18, 14, 10, 9, 8, 7, 6, 4C and 1 were adopted on Tuesday, January 24, 2006.
There was no objection and the vote whereby Amendment Nos. 19, 18, 14, 10, 9, 8, 7, 6, 4C and 1 were adopted on Tuesday, January 24, 2006, were reconsidered.
Having voted on the prevailing side, Senator McCONNELL moved to reconsider the vote whereby the committee amendment was tabled.
There was no objection and the vote whereby the committee amendment was tabled was reconsidered.
On motion of Senator McCONNELL, with unanimous consent, the Bill was placed in the status of Interrupted Debate.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
H. 3381 (Word version) -- Reps. Cato, Skelton, Jennings, W.D. Smith, Townsend, Merrill, Ott, Rice, Mack, 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 third reading of the Bill.
Senator HUTTO proposed the following Amendment No. 1 (3381R004.CBH), which was adopted:
Amend the bill, as and if amended, page 7, line 7, by adding an appropriately numbered SECTION:
/ SECTION _____. A. Chapter 25, Title 57, of the 1976 Code is amended by adding:
"Section 57-25-145. (A) Notwithstanding the provisions of Section 57-25-140 or another provision of law, an off-premises, outdoor advertising sign for an adult or sexually-oriented business may not be located within one mile of a public highway.
(B) Outdoor advertising signs in existence at the time of the effective date of this section, which do not conform to the requirements of this section, may continue as a nonconforming use, but must conform within three years of the effective date of this section.
(C) An owner of an adult or sexually-oriented business who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than one year. Each week a violation of this section continues constitutes a separate offense."
B. Section 57-25-120 of the 1976 Code is amended by inserting appropriately designated new subsections to read:
"( ) 'Adult business' means a nightclub, bar, restaurant, or another similar establishment in which a person appears in a state of sexually explicit nudity, as defined in Section 16-15-375, or semi-nudity, in the performance of their duties.
( ) 'Semi-nudity' means a state of dress in which opaque clothing fails to cover the genitals, anus, anal cleft or cleavage, pubic area, vulva, nipple and areola of the female breast below a horizontal line across the top of the areola at its highest point. Semi-nudity includes the entire lower portion of the female breast, but does not include any portion of the cleavage of the human female breast exhibited by wearing clothing provided the areola is not exposed in whole or in part.
( ) 'Sexually-oriented business' means a business offering its patrons goods of which a substantial portion are sexually-oriented materials. A business in which more than ten percent of the display space is used for sexually-oriented materials is presumed to be a sexually-oriented business.
( ) 'Sexually-oriented materials' means textual, pictorial, or three-dimensional material that depicts nudity, sexual conduct, sexual enticement, or sadomasochistic abuse in a way that is patently offensive to the average person applying contemporary adult community standards with respect to what is suitable for minors. Sexually-oriented materials include obscene materials as defined in Section 16-15-305(B)."
C. Section 57-25-130 of the 1976 Code is amended to read:
"Section 57-25-130. The General Assembly finds that outdoor advertising is a legitimate form of commercial use of the private property adjacent to the public highways. The General Assembly also finds that outdoor advertising is an integral part of the business and marketing function and is an established segment of the national economy which serves to promote and protect investments in commerce and industry and is, therefore, a business which must be allowed to exist and operate where other business and commercial activities are conducted and that a reasonable use of property for outdoor advertising to the traveling public is desirable. In order, however, to prevent unreasonable distraction of operators of motor vehicles, prevent confusion with regard to traffic lights, signs, or signals, prevent interference with the effectiveness of traffic regulations, promote the prosperity, economic well-being, and general welfare of the State, mitigate the adverse secondary effects of sexually-oriented businesses and limit harm to minors, promote the safety, convenience, and enjoyment of travel on and protection of the public investment in highways within this State, and preserve and enhance the natural scenic beauty or aesthetic features of the highways and adjacent areas, the General Assembly declares it to be the policy of this State that the erection and maintenance of outdoor advertising signs, displays, and devices in areas adjacent to the rights-of-way of the interstate and federal-aid primary systems within this State must be regulated in accordance with the terms of this article which provide for standards consistent with customary use in this State and finds that all outdoor advertising devices which do not conform to the requirements of this article are illegal. It is the intention of the General Assembly in this article to provide a statutory basis for regulation of outdoor advertising consistent with the public policy relating to areas adjacent to interstate and federal-aid primary systems declared by Congress in Title 23, United States Code, 'Highways'." /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO was recognized to briefly explain the amendment.
Senator LEVENTIS made a Parliamentary Inquiry as to whether the Bill was under consideration for third reading and, if so, consideration of amendments would require a 3/5 vote of the Senators present and voting.
The PRESIDENT stated that the Bill was on the Third Reading Calendar and any consideration of amendments would be subject to the provisions of Rule 26B which would require a 3/5 vote of the Senators present and voting.
Senator HUTTO requested to take up Amendment No. 1 pursuant to the provisions of Rule 26B.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryant Campsen Cleary * Courson Cromer 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 Thomas Verdin Williams
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
Having received the requisite number of votes under the provisions of Rule 26B, Amendment No. 1 was taken up for immediate consideration.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senator HUTTO proposed the following amendment (3381R003.CBH), which was not considered:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Title 39 of the 1976 Code is amended by adding:
South Carolina Landowner Protection and Property Valuation Act
Section 39-14-10. This chapter may be cited as the "South Carolina Landowner Protection and Property Valuation Act".
Section 39-14-20. As used in this chapter:
(1) "Improvement" means all or any part of any building, structure, erection, alteration, demolition, excavation, clearing, grading, filling, or landscaping, including trees and shrubbery, driveways, and roadways on real property. For purposes of this chapter, "improvement" specifically includes an off-premises outdoor advertising sign.
(2) "Just compensation" means the cash payment of the fair market value of the improvement in place immediately before its removal and without consideration of the effect of the ordinance or a diminution in value caused by the ordinance requiring its removal. The Uniform Standards of Professional Appraisal Practices (USPAP) must be used in determining the fair market value for just compensation and includes the following factors:
(a) the sale price of similar improvements;
(b) the physical condition of the improvement;
(c) the productivity of the improvement;
(d) the economic utility of the property on which the improvement is located, or the usability and adaptability for industrial, commercial, or other purpose;
(e) the value of the improvement permit issued by an appropriate governing body;
(f) any other factor that may affect the value of the property on which the improvement is located;
(g) replacement cost of the property;
(h) the age of the property;
(i) the remaining life of the property;
(j) the effect of obsolescence on the property; and
(k) the listed property tax value of the property.
(3) "Local governing body" means a municipality, county, local zoning authority, or political subdivision.
(4) "Off-premises outdoor advertising sign" means a lawfully erected, permanent improvement which relates in its subject matter to products, accommodations, services, or activities sold or offered elsewhere other than upon the premises on which the improvement is located. For the purposes of this article, the related leasehold or other property interests together with the lawfully issued permit is considered to be part of the improvement.
(5) "Owner" means the owner of an improvement.
Section 39-14-30. (A) A local governing body may require the removal of an improvement that is nonconforming under a local ordinance and may regulate the use of improvements within the jurisdiction of the local governing body in accordance with the applicable provisions of this chapter.
(B) A local governing body may enact or amend an ordinance of general applicability to require the removal of any nonconforming, lawfully erected improvement only if the ordinance requires the payment of just compensation to the owners, except as provided in this subsection. The payment of just compensation is not required if the:
(1) local governing body and the owner of the nonconforming improvement enter into a relocation agreement pursuant to subsections (D) and (F);
(2) local governing body and the owner of the nonconforming improvement enter into an agreement pursuant to subsection (I); or
(3) improvement is adjudicated to be a public nuisance or detrimental to the health or safety of the populace.
(C) A local governing body shall give written notice of its intent to require removal of an improvement by sending a letter by certified mail to the last known address of the owner of the property on which the improvement is located.
(D) If a local governing body requires removal of an improvement, the local governing body may enter into an agreement with the owner of a nonconforming improvement to relocate and reconstruct the improvement. The relocated improvement must comply with the provisions of Title 57. The agreement must include provisions for:
(1) relocation of the improvement to a site reasonably comparable to or better than the existing location;
(2) payment by the local governing body of the reasonable costs of relocating and reconstructing the improvement including:
(a) the actual cost of removing the improvement;
(b) the actual cost of necessary repairs to the real property for damages caused in the removal of the improvement;
(c) the actual cost of installing the improvement at the new location; and
(d) an amount of money equivalent to any income received from the lease of the improvement for a period of up to thirty days if income is lost during the relocation of the improvement.
(E) For the purposes of relocating and reconstructing a nonconforming improvement pursuant to subsection (D), a local governing body, consistent with the welfare and safety of the community as a whole, may adopt a resolution or adopt or modify its ordinances to provide for the issuance of a permit or other approval, including conditions as appropriate, or to provide for dimensional, spacing, setback, or use variances as it considers appropriate as long as it does not affect the provisions of Section 57-25-190(E).
(F) If a local governing body has offered to enter into an agreement to relocate a nonconforming improvement pursuant to subsection (D), and within one hundred twenty days after the initial notice by the local governing body the parties have not been able to agree that the site or sites offered by the local governing body for relocation of the improvement are reasonably comparable to or better than the existing site, the parties, by mutual agreement, may enter into binding arbitration to determine the comparability of the site offered for relocation. Unless a different method of arbitration is agreed upon by the parties, the arbitration must be conducted by a panel of three arbitrators. Each party shall select one arbitrator and the two arbitrators chosen by the parties shall select the third member of the panel. The American Arbitration Association rules apply to the arbitration unless the parties agree otherwise. Unless the parties agree otherwise, each party shall pay his respective share of the costs for the arbitration, including the costs of the services of his attorneys and witnesses, plus his proportionate share of the costs associated with the arbitration.
(G) If the arbitration proceeding pursuant to the provision of subsection (F) results in a determination that the site or sites offered by the local governing body for relocation of the nonconforming improvement are not comparable to or better than the existing site, and the local governing body elects to proceed with the removal of the improvement, the parties shall determine just compensation pursuant to Section 39-14-20(3) to be paid to the owner. If the parties are unable to reach an agreement regarding just compensation within thirty days of the receipt of the arbitrators' determination regarding relocation, and the local governing body elects to proceed with the removal of the improvement, the parties, by mutual agreement, may enter into binding arbitration to determine the amount of just compensation to be paid pursuant to the factors provided in Section 39-14-20(3). Unless a different method of arbitration is agreed upon by the parties, the arbitration must be conducted by a panel of three arbitrators. Each party shall select one arbitrator, and the two arbitrators chosen by the parties shall select the third member of the panel. The American Arbitration Association rules apply to the arbitration unless the parties agree otherwise. Unless the parties agree otherwise, each party shall pay his respective share of the costs for the arbitration, including the costs of the services of his attorneys and witnesses, plus his proportionate share of the costs associated with the arbitration.
(H) If the parties choose not to enter into binding arbitration for the purposes of either relocation or just compensation and the local governing body elects to proceed with the removal of the improvement, the local governing body shall bring an action in circuit court for a determination of the just compensation to be paid by the local governing body to the owner for the removal of the improvement. In determining just compensation, the court shall consider the factors as provided in Section 39-14-20(3). The court also shall determine and award reasonable attorneys' fees and expert witness fees incurred by the owner in the proceedings to determine the amount of just compensation.
(I) Notwithstanding the provisions of this section, a local governing body and owner may enter into a voluntary agreement allowing for the removal of the improvement after a set period of time instead of just compensation.
(J) A local governing body shall not prevent the repositioning of a nonconforming improvement on the same parcel of land to facilitate the development of the parcel so long as the repositioning of the improvement does not increase the degree of the improvement's nonconformity.
(K) The requirement by a local governing body that a lawfully erected improvement be removed or altered as a condition precedent to the issuance or continued effectiveness of a zoning ordinance or issuance of a license or permit constitutes a compelled removal that is prohibited without prior payment of just compensation.
(L) An improvement may not be removed until the owner of the property on which it is located has been compensated fully by the local governing body requiring the improvement's removal for a loss which may be suffered as a result of the removal of the improvement through the termination of a lease or other financial arrangement with the owner. The compensation must include damage to the landowner's property occasioned by removal of the improvement.
(M) Nothing in this section limits a local governing body's authority to use amortization as a means of phasing out nonconforming uses other than off-premises outdoor advertising.
Section 39-14-40. If a local governing body requires the removal of an improvement pursuant to the provisions of this chapter and through a voluntary agreement, arbitration, or a court proceeding is required to pay just compensation to an owner, the local governing body is authorized to elect to pay the amount due to the owner in regular mutually agreed upon installments over three years before the final removal of the sign.
SECTION 3. 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 this Act, 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 4. 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. /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO was recognized to briefly explain the amendment.
Senator HUTTO requested to take up Amendment No. 2 pursuant to the provisions of Rule 26B.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Ford Hutto Jackson * Land Leventis Lourie Malloy Matthews McGill Moore Patterson Pinckney Reese Setzler Sheheen Short Williams
Alexander Bryant Campsen Cleary * Courson Cromer Elliott Fair Gregory Grooms Hawkins Hayes Knotts Leatherman Martin McConnell Mescher O'Dell Peeler Richardson Ritchie Ryberg Thomas Verdin
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
Having failed to receive the necessary vote under the provisions of Rule 26B, the Senate refused to take up Amendment No. 2.
This amendment is too broad and goes beyond the specific subject of the Bill. It seems to define an improvement as including shrubbery and trees and filling and grading. Then it seems to say that if the local government wants to, it can declare the shrubbery as nonconforming and make you take it up but they will pay for it if you file a claim. That is more home rule than I believe people want or can afford.
There being no further amendments, the question then was third reading of the Bill.
Senator LEVENTIS argued contra to the third reading of the Bill.
Senator LOURIE raised a Point of Order under Section 4-9-55, S. C. Code of Laws, 1976, that a 2/3 vote would be required to pass this Bill on third reading.
Senator MALLOY spoke on the Point of Order.
Senator MARTIN spoke on the Point of Order.
Senator ELLIOTT spoke on the Point of Order.
Senator LEVENTIS spoke on the Point of Order.
Senator McCONNELL spoke on the Point of Order.
Senator THOMAS spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryant Campsen Cromer Elliott Fair Ford Grooms Hawkins Knotts Land Martin McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Reese Ritchie Ryberg Scott Thomas Verdin Williams
Courson Gregory Hayes Hutto Leatherman Leventis Lourie Malloy Matthews Richardson Sheheen Short
The Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
Having received a favorable report from the Committee on Judiciary, the following appointment was confirmed in open session:
Reappointment, Chief of the South Carolina Law Enforcement Division, with term to commence January 31, 2006, and to expire January 31, 2012
Robert M. Stewart, Sr., South Carolina Law Enforcement Div., P. O. Box 21398, Columbia, S.C. 29221
Having received a favorable report from the Newberry County Delegation, the following appointments were confirmed in open session:
Initial Appointment, Newberry County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Hon. Ronald Halfacre, 1810 Harper Street, Newberry, S.C. 29108 VICE Joseph Beckham Griffin
Initial Appointment, Newberry County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Hon. Gordon Johnson, 1916 Harrington St., Newberry, S.C. 29108 VICE Tom Abraham
On motion of Senator HUTTO, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Alan McCrary Johnstone of Orangeburg, S.C., a licensed surveyor and formerly a licensed engineer with the Department of Utilities in Orangeburg.
At 4:21 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.
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