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 Senator MARTIN as follows:
Beloved, hear words from a favorite hymn:
"For the beauty of the earth, for the glory of the skies... Lord, our God, to Thee we raise, this our hymn of grateful praise."
Let us pray.
Lord, we thank You for this day and the beauty of the earth as spring approaches. Little bits of green are showing and color is popping out from the trees and shrubs and plants, happy that they have survived another winter.
We are most grateful that You have allowed us to come to this Chamber today to work together for the good of all our fellowman in our beloved South Carolina. Help us to strive to make life better for us all - to make life beautiful and to make all that we do beautiful in Your eyes!
We offer this prayer with grateful praise!
Amen!
At 2:05 P.M., Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator LEATHERMAN moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bryant Campsen Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Pinckney Rankin Reese Richardson Ritchie Ryberg Scott Setzler Sheheen Short Verdin Williams
A quorum being present, the Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator McCONNELL introduced Dr. James E. Craigie of Charleston, S.C., Doctor of the Day.
S. 958 (Word version) -- Senators Cleary, Elliott, Lourie, Leventis, Scott, Anderson, Reese, Rankin, Land, Sheheen, Hutto, Grooms, Knotts and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-280 SO AS TO REQUIRE INSURANCE COVERAGE FOR TREATMENT OF PERVASIVE DEVELOPMENTAL DISORDERS AND TO DEFINE "PERVASIVE DEVELOPMENTAL DISORDER" AS A NEUROLOGICAL CONDITION, INCLUDING AUTISM AND ASPERGER'S SYNDROME.
On motion of Senator SHORT, with unanimous consent, the name of Senator SHORT was added as a co-sponsor of S. 958.
S. 1131 (Word version) -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6, CHAPTER 11, TITLE 16 SO AS TO ENACT THE "PROTECTION OF PERSONS AND PROPERTY ACT", TO DEFINE THE TERMS "DWELLING", "GREAT BODILY INJURY", "RESIDENCE", AND "VEHICLE", TO AUTHORIZE THE LAWFUL USE OF DEADLY FORCE AGAINST AN INTRUDER OR ATTACKER IN A PERSON'S DWELLING, RESIDENCE, OR OCCUPIED VEHICLE UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE EXCEPTIONS, TO PROVIDE THAT THERE IS NO DUTY TO RETREAT IF THE PERSON IS IN A PLACE WHERE HE HAS A RIGHT TO BE, INCLUDING THE PERSON'S PLACE OF BUSINESS, AND THE USE OF DEADLY FORCE IS NECESSARY TO PREVENT DEATH, GREAT BODILY INJURY, OR THE COMMISSION OF A VIOLENT CRIME, AND TO PROVIDE THAT A PERSON WHO LAWFULLY USES DEADLY FORCE IS IMMUNE FROM CRIMINAL PROSECUTION AND CIVIL ACTION AND MAY NOT BE ARRESTED UNLESS PROBABLE CAUSE EXISTS THAT THE DEADLY FORCE USED WAS UNLAWFUL.
On motion of Senator BRYANT, with unanimous consent, the name of Senator BRYANT was added as a co-sponsor of S. 1131.
S. 1116 (Word version) -- Senators McConnell, Lourie, Ford, Cleary, Knotts and Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10, CHAPTER 3, TITLE 23 SO AS TO ESTABLISH THE SPECIAL INVESTIGATIONS UNIT WITHIN THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO INVESTIGATE ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS AND VULNERABLE ADULT FATALITIES; TO AMEND SECTION 43-35-10, AS AMENDED, RELATING TO THE DEFINITION OF TERMS IN THE OMNIBUS ADULT PROTECTION ACT, SO AS TO REVISE THE DEFINITION OF FACILITIES TO INCLUDE RESIDENTIAL PROGRAMS OPERATED BY, OR CONTRACTED WITH, THE DEPARTMENT OF MENTAL HEALTH, THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, OR LOCAL DISABILITIES BOARDS AND THE DEFINITION OF "INVESTIGATIVE ENTITY" TO INCLUDE THE SPECIAL INVESTIGATIONS UNIT IN THE STATE LAW ENFORCEMENT DIVISION; TO AMEND SECTION 43-35-15, RELATING TO THE DUTIES AND PROCEDURES OF INVESTIGATIVE ENTITIES IN CONNECTION WITH ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS, SO AS TO PROVIDE THAT THE SPECIAL INVESTIGATIONS UNIT SHALL RECEIVE REPORTS OF ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS IN FACILITIES OPERATED BY, OR CONTRACTED WITH, THE DEPARTMENT OF MENTAL HEALTH, THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, OR LOCAL DISABILITIES BOARDS, TO CLARIFY THE INVESTIGATIVE RESPONSIBILITIES OF THE LONG TERM CARE OMBUDSMAN AND THE ADULT PROTECTIVE SERVICES PROGRAM AT THE DEPARTMENT OF SOCIAL SERVICES, AND TO FURTHER PROVIDE FOR THE INVESTIGATION OF THESE INCIDENTS; TO AMEND SECTION 43-35-20, RELATING TO ADDITIONAL POWERS OF INVESTIGATIVE ENTITIES, SO AS TO PROVIDE THAT THESE ENTITIES HAVE ACCESS TO FACILITIES AS PERMITTED BY LAW; TO AMEND SECTION 43-35-25, RELATING TO PERSONS REQUIRED TO REPORT ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS, SO AS TO FURTHER CLARIFY THESE REPORTING RESPONSIBILITIES AND TO REQUIRE INCIDENTS INVOLVING CRIMINAL INTENT TO BE REPORTED TO LAW ENFORCEMENT; TO AMEND SECTION 43-35-35, RELATING TO REPORTING VULNERABLE ADULT DEATHS BELIEVED TO HAVE RESULTED FROM ABUSE OR NEGLECT, SO AS TO PROVIDE THAT ALL DEATHS OF A VULNERABLE ADULT IN FACILITIES OPERATED BY, OR CONTRACTED WITH, THE DEPARTMENT OF MENTAL HEALTH, THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, OR A LOCAL DISABILITIES BOARD MUST BE REPORTED TO THE SPECIAL INVESTIGATIONS UNIT; TO AMEND SECTION 43-35-40, RELATING TO INVESTIGATIVE ENTITIES REPORTING INCIDENTS INVOLVING CRIMINAL INTENT TO LAW ENFORCEMENT, SO AS TO FURTHER CLARIFY THIS REPORTING REQUIREMENT; TO AMEND SECTION 43-35-65, RELATING TO NOTICES REQUIRED TO BE PLACED IN FACILITIES CONCERNING DUTIES OF FACILITY PERSONNEL, SO AS TO REQUIRE THESE NOTICES TO CONTAIN E-MAIL ADDRESSES AND FAX NUMBERS OF THE LONG TERM CARE OMBUDSMAN PROGRAM, THE SPECIAL INVESTIGATIONS UNIT, AND LAW ENFORCEMENT; TO AMEND SECTION 43-35-80, RELATING TO ACTIONS OF THE ATTORNEY GENERAL AGAINST A PERSON OR FACILITY FOR FAILING TO EXERCISE REASONABLE CARE IN OPERATING A FACILITY FOR VULNERABLE ADULTS, SO AS TO PROVIDE THAT REFERRALS FOR SUCH ACTIONS MAY ALSO BE MADE BY THE SPECIAL INVESTIGATIONS UNIT; TO ADD ARTICLE 5 TO CHAPTER 35, TITLE 43 SO AS TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF THE SPECIAL INVESTIGATIONS UNIT IN THE INVESTIGATION OF VULNERABLE ADULT FATALITIES AND TO ESTABLISH THE VULNERABLE ADULT FATALITIES REVIEW COMMITTEE AND TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO ADD SECTION 17-5-555 SO AS TO REQUIRE THE CORONER OR MEDICAL EXAMINER TO REPORT THE DEATH OF A VULNERABLE ADULT TO THE SPECIAL INVESTIGATIONS UNIT UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 44-7-2910, AS AMENDED, RELATING TO CRIMINAL RECORDS CHECKS FOR DIRECT CAREGIVERS, SO AS TO REQUIRE THESE RECORDS CHECKS ON DIRECT CAREGIVERS IN RESIDENTIAL PROGRAMS OPERATED BY, OR CONTRACTED WITH, THE DEPARTMENT OF MENTAL HEALTH, THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, AND LOCAL DISABILITIES BOARDS.
On motion of Senator ALEXANDER, with unanimous consent, the name of Senator ALEXANDER was added as a co-sponsor of S. 1116.
S. 1155 (Word version) -- Senators Sheheen, Hutto, Land and Hawkins: A BILL TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS THAT AN ADMINISTRATIVE LAW JUDGE SHALL PRESIDE OVER, SO AS TO DELETE THE PROVISION THAT EXCLUDES CERTAIN MOTOR VEHICLE RELATED HEARINGS AND PROCEEDINGS, TO PROVIDE THAT THE CLERK OF THE ADMINISTRATIVE LAW COURT MUST FILE A CERTIFIED COPY OF A FINAL ORDER WITH A CLERK OF THE CIRCUIT COURT UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THIS ORDER HAS THE SAME EFFECT AS A JUDGMENT OF THE COURT; TO AMEND SECTION 1-23-660, AS AMENDED, RELATING TO THE ADMINISTRATIVE LAW COURT DIVISION OF MOTOR VEHICLE HEARINGS, SO AS TO GIVE THE CHIEF JUDGE OF THE ADMINISTRATIVE LAW COURT THE AUTHORITY TO PROMULGATE RULES GOVERNING THE PRACTICE AND PROCEDURES BEFORE THE DIVISION WHICH ARE SUBJECT TO REVIEW BY THE SUPREME COURT; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN THE PROVISIONS RELATING TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE DEFINITIONS FOR CERTAIN TERMS THAT RELATE TO THE DIVISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-1-370, RELATING TO THE REVIEW OF THE CANCELLATION, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE, SO AS TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT OF MOTOR VEHICLES TO CONDUCT THE REVIEW AND PROVIDE THAT THE DIVISION OF MOTOR VEHICLE HEARINGS SHALL CONDUCT THESE PROCEEDINGS; TO AMEND SECTION 56-1-410, RELATING TO THE JUDICIAL REVIEW OF A DEPARTMENT OF MOTOR VEHICLES ORDER THAT CANCELS, SUSPENDS, OR REVOKES A DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES, SO AS TO DELETE THE PROVISIONS THAT RELATE TO THE REVIEW OF A DECISION OF THE DEPARTMENT OF MOTOR VEHICLES AND TO PROVIDE FOR THE REVIEW OF A DECISION ISSUED BY A HEARING OFFICER OF THE DIVISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-1-1030, RELATING TO THE REVOCATION OF THE DRIVER'S LICENSE OF A HABITUAL OFFENDER, SO AS TO PROVIDE THAT A REVOCATION PROCEEDING MUST BE CONDUCTED BEFORE THE DIVISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-1-1090, RELATING TO THE ISSUANCE OF A LICENSE TO A HABITUAL OFFENDER, SO AS TO DELETE THE TERMS "DEPARTMENT OF MOTOR VEHICLES" AND "MAGISTRATE" AND SUBSTITUTE THEM FOR THE TERMS "HEARING OFFICER" AND "ADMINISTRATIVE LAW JUDGE", AND TO PROVIDE THAT A PETITION TO OBTAIN A DRIVER'S LICENSE PURSUANT TO THIS PROVISION MUST BE FILED WITH THE DIVISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-5-2951, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR HIS REFUSAL TO SUBMIT TO TESTING FOR CERTAIN LEVELS OF ALCOHOL CONCENTRATION, SO AS TO PROVIDE THAT ADMINISTRATIVE HEARINGS THAT ARE CONDUCTED PURSUANT TO THIS PROVISION MUST BE CONDUCTED BY A HEARING OFFICER OF THE DIVISION OF MOTOR VEHICLE HEARINGS AND REVIEWED BY THE ADMINISTRATIVE LAW COURT, AND TO PROVIDE THAT THE ARRESTING LAW ENFORCEMENT OFFICER OR DATA MASTER OPERATOR IS A PARTY OF RECORD IN ALL HEARINGS CONDUCTED PURSUANT TO THIS SECTION; TO AMEND SECTION 56-9-363, RELATING TO AN ADMINISTRATIVE HEARING TO CHALLENGE THE SUSPENSION OF A DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT THE HEARING MUST BE CONDUCTED BEFORE THE DIVISION OF MOTOR VEHICLE HEARINGS WITH APPEALS FILED WITH THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 56-15-350, RELATING TO THE DENIAL, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE BY THE DEPARTMENT OF MOTOR VEHICLES UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT A LICENSEE MAY HAVE THIS DECISION REVIEWED BY THE DIVISION OF MOTOR VEHICLE HEARINGS; AND TO REPEAL SECTION 56-5-2952, RELATING TO THE FILING FEE FOR AN ADMINISTRATIVE HEARING; AND TO REPEAL SECTION 56-9-320, RELATING TO JUDICIAL REVIEW OF ORDERS OR ACTS OF THE DEPARTMENT OF MOTOR VEHICLES.
On motion of Senator LOURIE, with unanimous consent, the name of Senator LOURIE was added as a co-sponsor of S. 1155.
S. 1182 (Word version) -- Senators Richardson, Scott, Mescher, Sheheen, Cleary and Lourie: A BILL TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING CHAPTER 50 SO AS TO ENACT THE SOUTH CAROLINA FIRST RESPONDER INTEROPERABILITY ACT WHICH PROVIDES FOR THE ESTABLISHMENT OF A STATEWIDE 800 MHZ COMMUNICATIONS NETWORK ALLOWING STATE AND LOCAL FIRST RESPONDER PUBLIC SAFETY ENTITIES TO COMMUNICATE ACROSS A SINGLE MOBILE TELECOMMUNICATIONS NETWORK, AND TO PROVIDE FOR THE FUNDING OF THE PALMETTO 800 NETWORK TO BE DERIVED IN PART FROM UNIVERSAL SERVICE FUNDS AND INTERIM LEC FUNDS DERIVED PURSUANT TO SECTION 58-9-280; AND TO AMEND SECTION 58-9-280, AS AMENDED, RELATING TO TELEPHONE UTILITIES AND TELECOMMUNICATION SERVICES, SO AS TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION SHALL REQUIRE ALL PROVIDERS OF TELECOMMUNICATIONS SERVICES, INCLUDING WIRELESS AND CABLE PROVIDERS, TO CONTRIBUTE TO THE UNIVERSAL SERVICE FUND BASED ON A FORMULA DETERMINED BY THE COMMISSION AND TO PROVIDE THAT NO MORE THAN TWENTY MILLION DOLLARS ANNUALLY IN TOTAL USF ASSESSMENTS MAY BE IMPOSED ON ALL TELECOMMUNICATIONS SERVICE PROVIDERS SUBJECT TO THE USF IN ANY FISCAL YEAR.
On motion of Senator FAIR, with unanimous consent, the name of Senator FAIR was added as a co-sponsor of S. 1182.
S. 1203 (Word version) -- Senators Matthews, Patterson, Drummond, Land and Hutto: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE XI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SYSTEM OF FREE PUBLIC SCHOOLS, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE FOR THE MAINTENANCE AND SUPPORT OF A SYSTEM OF FREE PUBLIC SCHOOLS AND SHALL ESTABLISH, ORGANIZE, AND SUPPORT OTHER PUBLIC INSTITUTIONS OF LEARNING AT THE LEVEL NECESSARY TO PROVIDE EACH STUDENT THE OPPORTUNITY TO REALIZE HIS HIGHEST EDUCATIONAL POTENTIAL.
On motion of Senator MATTHEWS, with unanimous consent, the name of Senator MOORE was added as a co-sponsor of S. 1203.
S. 1206 (Word version) -- Senators Grooms, Campsen and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 38 TO TITLE 48 SO AS TO ENACT THE "SOUTH CAROLINA ISOLATED WETLANDS ACT OF 2006" AND TO PROVIDE THAT FOR PURPOSES OF THIS ACT, ISOLATED WETLANDS ARE THOSE WETLANDS NOT REGULATED BY THE FEDERAL CLEAN WATER ACT, TO ESTABLISH PROCEDURES AND CRITERIA FOR THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ISSUE PERMITS FOR CONDUCTING CERTAIN DISCHARGING, DRAINING, AND DITCHING ACTIVITIES IN ISOLATED WETLANDS AND TO MONITOR PERMIT COMPLIANCE.
On motion of Senator LOURIE, with unanimous consent, the name of Senator LOURIE was added as a co-sponsor of S. 1206.
H. 4708 (Word version) -- Reps. Bowers, Hodges and R. Brown: A BILL TO AMEND SECTION 57-23-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ROADSIDE VEGETATION MANAGEMENT ADJACENT TO INTERSTATE HIGHWAY 95 IN COLLETON COUNTY BETWEEN MILE MARKERS 52 AND 54, SO AS TO PROVIDE THAT THE PROVISIONS CONTAINED IN THIS SECTION ALSO APPLY TO ROADSIDE VEGETATION ADJACENT TO THE PORTION OF INTERSTATE HIGHWAY 95 BETWEEN MILE MARKERS 54 AND 58.
Senator RYBERG asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.
There was no objection.
The Bill was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.
S. 1180 (Word version) -- Senator Setzler: A SENATE RESOLUTION TO DECLARE APRIL 22, 2006, "PALMETTO PROMISE DAY" IN PROMOTION OF TEEN VOLUNTEERISM, HONORING THOSE WHO ALREADY MAKE LASTING CONTRIBUTIONS TO THEIR COMMUNITIES BY VOLUNTEERING AND ENCOURAGING OTHER SOUTH CAROLINA YOUTH TO FOLLOW.
Senator MESCHER asked unanimous consent to make a motion to recall the Resolution from the General Committee.
There was no objection.
The Resolution was recalled from the General Committee.
Senator MESCHER asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Resolution, the question being the adoption of the Senate Resolution.
On motion of Senator MESCHER, with unanimous consent, the Resolution was adopted.
The following were introduced:
S. 1226 (Word version) -- Senators Hayes, Gregory, Peeler and Short: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING MARCH 28, 2006, "YORK COUNTY DAY" IN SOUTH CAROLINA.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1227 (Word version) -- Senator Short: A BILL TO AMEND SECTION 59-21-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LOCAL SCHOOL DISTRICT'S MAINTENANCE OF EFFORT, SO AS TO PROVIDE THAT A SCHOOL DISTRICT BOARD OF TRUSTEES SHALL MAINTAIN AT LEAST THE LEVEL OF PER PUPIL FINANCIAL EFFORT FOR NONCAPITAL PROGRAMS AS THAT OF THE PREVIOUS YEAR ADJUSTED BY THE PERCENTAGE INCREASE OR DECREASE AS PROVIDED BY THE GENERAL ASSEMBLY FOR THE BASE STUDENT COST, AND TO DEFINE CERTAIN TERMS.
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Read the first time and, on motion of Senator LEATHERMAN, with unanimous consent, the Bill was referred to the Committee on Finance.
S. 1228 (Word version) -- Senators Alexander and Cromer: A BILL TO AMEND SECTIONS 33-56-30 AND 33-56-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND ORGANIZATIONS EXEMPT FROM REGISTRATION PURSUANT TO THE SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO ALLOW CHARITABLE ORGANIZATIONS TO FILE THEIR ANNUAL REGISTRATION ON THE SAME DATE THAT FINANCIAL REPORTS PURSUANT TO THE ACT MUST BE FILED AND TO EXEMPT FROM REGISTRATION PURSUANT TO THE ACT CHARITABLE ORGANIZATIONS THAT DO NOT INTEND TO SOLICIT OR RECEIVE IN EXCESS OF SEVEN THOUSAND FIVE HUNDRED DOLLARS DURING A CALENDAR YEAR WHETHER OR NOT THE FUNDRAISING ACTIVITIES ARE CONDUCTED BY PROFESSIONAL SOLICITORS, PROFESSIONAL FUNDRAISING COUNSEL, OR COMMERCIAL CO-VENTURERS.
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Read the first time and referred to the Committee on Judiciary.
S. 1229 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 8-13-745, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPRESENTATION OF CLIENTS BY MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO PROHIBIT ANY MEMBER OF THE GENERAL ASSEMBLY OR AN ASSOCIATE FROM COMMUNICATING WITH ANY MEMBER OF OR STAFF PERSON WITHIN THE UNIFIED JUDICIAL SYSTEM, AN AGENCY, A COMMISSION, BOARD, DEPARTMENT, OR OTHER ENTITY REGARDING ANY PENDING CASE EXCEPT AS A COUNSEL TO A LITIGANT, AS A WITNESS, OR AS A PRO SE LITIGANT AS PERMITTED BY THE SOUTH CAROLINA APPELLATE COURT RULES.
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Read the first time and referred to the Committee on Judiciary.
S. 1230 (Word version) -- Senator McConnell: A BILL TO AMEND SECTIONS 40-82-50, 40-82-60, 40-82-70, 40-82-80, 40-82-90, 40-82-100, 40-82-115, 40-82-120, 40-82-130, 40-82-160, 40-82-210, 40-82-250, 40-82-260, 40-82-280, AND 40-82-290 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE LICENSING AND REGULATION OF LIQUEFIED PETROLEUM GAS, SO AS TO ELIMINATE THE LIQUEFIED PETROLEUM GAS BOARD AND DEVOLVE ITS DUTIES TO THE STATE FIRE MARSHAL; TO AMEND SECTION 40-82-220, RELATING TO THE ISSUANCE OF LICENSES, SO AS TO PROVIDE THAT THE STATE FIRE MARSHAL IS AUTHORIZED TO ISSUE ONLY THOSE LICENSES ALLOWED BY LAW; TO AMEND SECTION 40-82-230, RELATING TO EXAMINATIONS OF APPLICANTS, SO AS TO AUTHORIZE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO PREPARE AND ADMINISTER THE EXAMINATION FOR CERTIFICATION; TO AMEND SECTION 40-82-240, RELATING TO DEALER STORAGE CAPACITIES, SO AS TO ELIMINATE THE MINIMUM STORAGE CAPACITY REQUIRED OF DEALERS; AND TO REPEAL SECTIONS 40-82-5 AND 40-82-10, RELATING TO GENERAL PROVISIONS OF THE LIQUEFIED PETROLEUM GAS BOARD.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 1231 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONTAINED IN THE PROVISIONS RELATING TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO REVISE THE DEFINITIONS OF THE TERMS "STATE", "CONVICTION", AND "LOW SPEED VEHICLES", AND TO PROVIDE A DEFINITION FOR THE TERM "HOME JURISDICTION"; TO AMEND SECTION 56-1-640, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES' POLICY OF REPORTING A CONVICTION OF A PERSON FROM ANOTHER STATE TO THE APPROPRIATE AUTHORITY OF HIS HOME STATE, SO AS TO MAKE TECHNICAL CHANGES, AND TO PROVIDE THAT A CONVICTION OF A PERSON FROM CANADA OR MEXICO THAT OCCURS IN THIS STATE SHALL BE REPORTED TO THE PERSON'S HOME COUNTRY; TO AMEND SECTION 56-1-747, RELATING TO THE DEFINITION OF THE TERM "CONVICTION", SO AS TO DELETE A REFERENCE TO ITS DEFINITION CONTAINED IN SECTION 56-1-2030; TO AMEND SECTION 56-1-790, RELATING TO THE RECORDING OF MOTOR VEHICLE CONVICTIONS OF RESIDENTS OF SOUTH CAROLINA THAT OCCUR IN OUT-OF-STATE JURISDICTIONS, SO AS TO PROVIDE THAT CERTAIN OUT-OF-STATE CONVICTIONS MUST NOT BE RECORDED ON THE PERSON'S DRIVING RECORD IN THIS STATE FOR HISTORICAL PURPOSES; TO AMEND SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN THE SOUTH CAROLINA COMMERCIAL DRIVER'S LICENSE ACT, SO AS TO DELETE THE DEFINITION OF THE TERM "CONVICTION", AND TO REVISE THE DEFINITION OF THE TERM "HAZARDOUS MATERIALS"; TO AMEND SECTION 56-1-2100, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER'S LICENSE, SO AS TO REVISE THE DESCRIPTION OF A VEHICLE THAT REQUIRES A DRIVER TO POSSESS A CLASS C COMMERCIAL DRIVER'S LICENSE; AND TO REPEAL SECTIONS 56-1-630, 56-1-710, AND 56-1-1310, RELATING TO THE DEFINITIONS OF TERMS CONTAINED IN THE DRIVER LICENSE COMPACT, THE DEFINITION OF THE TERM "CONVICTION" AS IT RELATES TO THE POINT SYSTEM FOR EVALUATING OPERATING RECORDS OF DRIVERS, AND THE DEFINITION OF THE TERM "CONVICTED" AS IT RELATES TO THE ISSUANCE OF PROVISIONAL DRIVER'S LICENSES.
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Read the first time and referred to the Committee on Transportation.
S. 1232 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3040, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.
S. 1233 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2969, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.
S. 1234 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2970, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.
H. 4665 (Word version) -- Reps. Duncan, M. A. Pitts and Taylor: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE LITTLE RIVER ALONG SOUTH CAROLINA HIGHWAY 72 IN LAURENS COUNTY THE "PATRIOTS OF THE LITTLE RIVER REGIMENT MEMORIAL BRIDGE" IN HONOR OF THE LITTLE RIVER REGIMENT WHICH WAS A GATHERING OF PATRIOTS OF THE OLDE 96 DISTRICT DURING THE AMERICAN REVOLUTIONARY WAR, AND TO ERECT APPROPRIATE SIGNS OR MARKERS AT THIS BRIDGE THAT CONTAIN THE WORDS "PATRIOTS OF THE LITTLE RIVER REGIMENT MEMORIAL BRIDGE".
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 4718 (Word version) -- Reps. Limehouse, Umphlett, Hagood, Merrill, Jefferson, Ceips, Dantzler, Haley, Neilson, Scarborough, Hinson, Funderburk, Miller, Altman and Battle: A CONCURRENT RESOLUTION TO URGE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO OPPOSE THE SALE OF LAND IN THE FRANCIS MARION AND SUMTER NATIONAL FORESTS.
The Concurrent Resolution was introduced and referred to the Committee on Agriculture and Natural Resources.
H. 4753 (Word version) -- Rep. W. D. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND TOM FAZIO, ONE OF THE UNITED STATES' MOST RESPECTED AND WELL-KNOWN GOLF COURSE DESIGNERS, FOR AN UNPARALLELED CAREER THAT HAS MADE HIM INTERNATIONALLY FAMOUS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4754 (Word version) -- Reps. Vaughn, Allen, Bannister, Cato, Hamilton, Haskins, Leach, Loftis, Rice, F. N. Smith, G. R. Smith, Taylor and Tripp: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR FRANK D. PINCKNEY OF GREENVILLE COUNTY FOR HIS LEADERSHIP AND PUBLIC SERVICE AS PRESIDENT AND CEO OF THE GREENVILLE HOSPITAL SYSTEM UPON THE OCCASION OF HIS RETIREMENT.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4755 (Word version) -- Rep. Ceips: A CONCURRENT RESOLUTION TO COMMEMORATE THE TWENTIETH ANNIVERSARY OF THE GULLAH FESTIVAL OF SOUTH CAROLINA AND TO RECOGNIZE THOSE INVOLVED WITH THE FESTIVAL FOR THEIR DEDICATION IN BRINGING THE GULLAH CULTURE AND TRADITION TO ALL SOUTH CAROLINIANS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4756 (Word version) -- Reps. Bailey, Dantzler, Rhoad and Umphlett: A CONCURRENT RESOLUTION TO HONOR JOHN TYE HEATH HILL, CORNERBACK OF THE CLEMSON UNIVERSITY FOOTBALL TEAM, FOR HIS OUTSTANDING ATHLETICISM AND LEADERSHIP AND TO RECOGNIZE HIM FOR HIS INSTRUMENTAL ROLE IN THE SUCCESS OF CLEMSON UNIVERSITY'S 2005 FOOTBALL SEASON.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4757 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF MAY 2006 AS VOTER EDUCATION MONTH IN SOUTH CAROLINA FOR THE PURPOSE OF ENCOURAGING PEOPLE TO REGISTER TO VOTE AND FOR THE PURPOSE OF EDUCATING VOTERS ON THE STATE'S NEW VOTING MACHINES TO BE USED FOR THE FIRST TIME IN ALL COUNTIES.
The Concurrent Resolution was introduced and referred to the Committee on Judiciary.
H. 4764 (Word version) -- Reps. Phillips and Harrell: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, APRIL 5, 2006, AT 12:00 NOON, AS THE DATE FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, CLEMSON UNIVERSITY, COLLEGE OF CHARLESTON, COASTAL CAROLINA UNIVERSITY, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF SOUTH CAROLINA, WIL LOU GRAY OPPORTUNITY SCHOOL, AND WINTHROP UNIVERSITY TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2006, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
On motion of Senator ALEXANDER, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.
H. 4765 (Word version) -- Reps. McGee, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE ON FRIDAY, JUNE 16, 2006, FROM 11:30 A.M. TO 12:30 P.M. FOR ITS ANNUAL STATE HOUSE MEETING.
The Concurrent Resolution was introduced and referred to the Committee on Invitations.
H. 4766 (Word version) -- Reps. Jefferson and Clyburn: A CONCURRENT RESOLUTION TO HONOR ETHELINE P. WASHINGTON OF BERKELEY COUNTY FOR HER LAUDABLE CONTRIBUTIONS AND SINCERE DEVOTION TO PUBLIC EDUCATION IN SOUTH CAROLINA FOR OVER FORTY YEARS AND TO COMMEND HER FOR HER LIFELONG COMMITMENT TO HER FAMILY, CHURCH, AND COMMUNITY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4772 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO HONOR MR. JOE M. PERKINS OF GREENVILLE COUNTY FOR AN OUTSTANDING CAREER OF EDUCATING, MENTORING AND COACHING THE YOUTH OF GREENVILLE AND GREENWOOD COUNTIES AND TO CELEBRATE THE DEDICATION OF THE JOE M. PERKINS ATHLETIC STADIUM AT SOUTHSIDE HIGH SCHOOL.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4776 (Word version) -- Reps. Cobb-Hunter, Howard, Parks, Kennedy, Jefferson, Moody-Lawrence, Govan, Mack, Hodges, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Huggins, Jennings, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, 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, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE MARCH AS NATIONAL KIDNEY AWARENESS MONTH AND TO URGE CLINICAL LABORATORIES, HEALTH CARE COMPANIES, MEDICAL ORGANIZATIONS, AND MEDICAL PRACTITIONERS TO UTILIZE THE GLOMERULAR FILTRATION RATE TO HELP PREVENT AND DETECT CHRONIC KIDNEY DISEASE.
The Concurrent Resolution was introduced and referred to the Committee on Medical Affairs.
Senator THOMAS from the Committee on Banking and Insurance submitted a favorable with amendment report on:
S. 792 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-90-485 SO AS TO PROVIDE THAT THE CREATION OF A PROTECTED CELL DOES NOT CREATE A LEGAL PERSON SEPARATE FROM A SPECIAL PURPOSE FINANCIAL CAPTIVE (SPFC); BY ADDING SECTION 38-90-515 SO AS TO PROVIDE THAT SECURITIES ISSUED BY A SPFC PURSUANT TO INSURANCE SECURITIZATION MAY NOT BE CONSIDERED TO BE INSURANCE OR INSURANCE CONTRACTS; TO AMEND SECTION 38-13-400, RELATING TO THE REPORT REQUIRED TO BE FILED DISCLOSING MATERIAL ACQUISITIONS AND DISPOSITIONS OF ASSETS OR MATERIAL NONRENEWALS, CANCELLATIONS, OR REVISIONS OF CEDED REINSURANCE; TO AMEND SECTION 38-13-410, RELATING TO REPORTING AN INSURER'S ACQUISITIONS OR DISPOSITIONS OF ASSETS, SO AS TO ADD HEALTH MAINTENANCE ORGANIZATIONS TO THE REPORTING REQUIREMENTS; TO AMEND SECTION 38-13-420, RELATING TO REPORTING NONRENEWALS, CANCELLATIONS, OR REVISIONS OF CEDED REINSURANCE AGREEMENTS, SO AS TO ADD HEALTH MAINTENANCE ORGANIZATIONS TO THE REPORTING REQUIREMENTS; TO AMEND SECTION 38-71-880, AS AMENDED, RELATING TO MEDICAL AND SURGICAL BENEFITS AND MENTAL BENEFITS COVERAGE, SO AS TO CHANGE THE DATE FOR THE APPLICABILITY OF BENEFITS FOR SERVICES FURNISHED; TO AMEND SECTION 38-71-1410, RELATING TO THE SOUTH CAROLINA SMALL EMPLOYER INSURER REINSURANCE PROGRAM, SO AS TO ESTABLISH CODE REFERENCES FOR SELECTING A LICENSED ADMINISTRATOR INSTEAD OF AN ADMINISTERING INSURER; TO AMEND SECTION 38-73-220, RELATING TO THE APPROVAL PROCESS FOR INSURANCE RATE LEVEL CHANGES, SO AS TO CHANGE CODE REFERENCES FROM THE ARTICLE TO THE CHAPTER; TO AMEND SECTION 38-73-240, RELATING TO RATE FILINGS WHERE THE LINE OF INSURANCE IS DECLARED COMPETITIVE, SO AS TO CHANGE CODE REFERENCES FROM ARTICLE TO CHAPTER; TO AMEND SECTION 38-73-260, RELATING TO THE APPROVAL PROCESS FOR INSURANCE RATE LEVEL CHANGES, SO AS TO CHANGE CODE REFERENCES FROM ARTICLE TO CHAPTER; TO AMEND SECTION 38-73-270, RELATING TO THE CONSUMER INFORMATION SYSTEM FOR VARIOUS TYPES OF INSURANCE COVERAGE, SO AS TO CHANGE CODE REFERENCES FROM ARTICLE TO CHAPTER; TO AMEND SECTION 38-74-30, AS AMENDED, RELATING TO ELIGIBILITY FOR COVERAGE UNDER THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO FURTHER DEFINE COVERAGE FOR AN INDIVIDUAL UNDER THE AGE OF SIXTY-FIVE; TO AMEND SECTION 38-74-60, AS AMENDED, RELATING TO COVERAGE UNDER THE POOL'S MAJOR EXPENSE PROVISIONS, SO AS TO PROVIDE MEDICARE SUPPLEMENTAL HEALTH INSURANCE COVERAGE TO AN INDIVIDUAL FOR REASONS OTHER THAN AGE; TO AMEND SECTION 38-77-530, RELATING TO THE PLAN OF OPERATION OF THE REINSURANCE FACILITY, SO AS TO AUTHORIZE THE GOVERNING BOARD OF THE FACILITY TO DECLARE AN ASSESSMENT ON INSURERS; TO AMEND SECTION 38-77-580, RELATING TO THE GOVERNING BOARD OF THE REINSURANCE FACILITY, SO AS TO CHANGE THE COMPOSITION OF THE BOARD; TO AMEND SECTION 38-90-40, AS AMENDED, RELATING TO CAPITALIZATION AND SECURITY REQUIREMENTS FOR A CAPTIVE INSURANCE COMPANY, SO AS TO AUTHORIZE THE DIRECTOR OF INSURANCE TO ISSUE A LICENSE TO A CAPTIVE INSURANCE COMPANY IF THE COMPANY PROVIDES THE DIRECTOR WITH EVIDENCE OF MINIMUM REQUIRED UNIMPAIRED PAID-IN CAPITAL; TO AMEND SECTION 38-90-50, AS AMENDED, RELATING TO FREE SURPLUS REQUIREMENTS FOR A CAPTIVE INSURANCE COMPANY, SO AS TO AUTHORIZE THE DIRECTOR OF INSURANCE TO ISSUE A LICENSE TO A CAPTIVE INSURANCE COMPANY CONDITIONED ON EVIDENCE OF MINIMUM REQUIRED FREE SURPLUS; TO AMEND SECTION 38-90-100, AS AMENDED, RELATING TO APPLICABILITY OF INVESTMENT REQUIREMENTS FOR AN ASSOCIATION CAPTIVE INSURANCE COMPANY AND AN INDUSTRIAL INSURED CAPTIVE INSURANCE COMPANY, SO AS TO CHANGE A REFERENCE FROM AN INDUSTRIAL INSURED CAPTIVE INSURANCE COMPANY TO A CAPTIVE INSURANCE COMPANY AND ADD A REFERENCE TO A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 38-90-140, AS AMENDED, RELATING TO THE TAX REQUIRED TO BE PAID TO THE DEPARTMENT OF INSURANCE BY A CAPTIVE INSURANCE COMPANY, SO AS TO CLARIFY ON WHAT THE TAX IS PAYABLE AND ESTABLISH A MAXIMUM TAX; TO AMEND SECTION 38-90-175, RELATING TO THE CAPTIVE INSURANCE REGULATORY AND SUPERVISION FUND, SO AS TO INCREASE FROM TEN TO TWENTY PERCENT THE AMOUNT OF FUNDS THE DEPARTMENT OF INSURANCE SHALL TRANSFER INTO THE FUND; TO AMEND SECTION 38-90-420, RELATING TO DEFINITIONS USED REGARDING SPECIAL PURPOSE FINANCIAL CAPTIVE INSURANCE COMPANIES, SO AS TO ADD THE DEFINITIONS OF "ADMINISTRATIVE LAW COURT", "CONTESTED CASE", AND "THIRD PARTY", AND CHANGE THE DEFINITION OF "INSOLVENCY"; TO AMEND SECTION 38-90-430, RELATING TO THE RELATIONSHIP OF ARTICLE 3, CHAPTER 90, TITLE 38 (SPECIAL PURPOSE FINANCIAL CAPTIVES) TO OTHER TITLE 38 PROVISIONS, SO AS TO ADD A REFERENCE TO A SPFC'S PROTECTED CELL; TO AMEND SECTION 38-90-440, RELATING TO THE REQUIREMENTS OF A SPFC TO TRANSACT BUSINESS IN THIS STATE, SO AS TO CHANGE AND ADD CERTAIN REQUIREMENTS; TO AMEND SECTION 38-90-450, RELATING TO ORGANIZATIONAL REQUIREMENTS OF A SPFC, SO AS TO DELETE THE REQUIREMENT THAT CAPITAL STOCK OF A SPFC MUST BE ISSUED AT NOT LESS THAN PAR VALUE; TO AMEND SECTION 38-90-480, RELATING TO THE ESTABLISHMENT OF PROTECTED CELLS BY A SPFC, SO AS TO CHANGE THE PROCEDURE FOR ESTABLISHING PROTECTED CELLS; TO AMEND SECTION 38-90-550, RELATING TO A MATERIAL CHANGE OF A SPFC'S PLAN OF OPERATION, SO AS TO REQUIRE A STATEMENT OF OPERATIONS BE FILED IF APPROVED OR REQUIRED RATHER THAN REQUESTED BY THE DIRECTOR OF INSURANCE; TO AMEND SECTION 38-90-570, RELATING TO THE EXPIRATION OF AUTHORITY GRANTED BY THE DIRECTOR OF INSURANCE ON CESSATION OF BUSINESS, SO AS TO AUTHORIZE THAT THE DIRECTOR SUSPEND OR REVOKE THE LICENSE OF A SPFC FOR FAILURE TO MEET THE PROVISIONS OF SECTION 38-90-480(D); TO AMEND SECTION 38-90-600, RELATING TO THE AUTHORITY OF THE DIRECTOR OF INSURANCE TO PETITION THE CIRCUIT COURT FOR AN ORDER TO CONSERVE, REHABILITATE, OR LIQUIDATE A SPFC DOMICILED IN THIS STATE FOR CERTAIN GROUNDS, SO AS TO ADD ADDITIONAL GROUNDS; TO AMEND SECTION 38-90-620, RELATING TO STANDARDS AND CRITERIA APPLICABLE IN A CONTESTED CASE BROUGHT BY A THIRD PARTY BASED ON THE DECISION OF THE DIRECTOR OF INSURANCE INVOLVING A SPFC, SO AS TO MODIFY THE STANDARDS AND CRITERIA; TO AMEND ACT 154 OF 1997, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SO AS TO DELAY THE REPEAL OF ARTICLE 5, CHAPTER 77, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, FROM JANUARY 1, 2006 TO JANUARY 1, 2010; AND TO AMEND ACT 291 OF 2004, RELATING TO VARIOUS AMENDMENTS TO THE INSURANCE LAW, SO AS TO DELAY THE EFFECTIVE DATE OF SECTION 38-43-106(H) OF THE 1976 CODE FROM MAY 1, 2006 TO MAY 1, 2010.
Ordered for consideration tomorrow.
Senator McCONNELL from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
S. 1033 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND SECTION 40-11-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTRACTOR LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS, INCLUDING THE SWIMMING POOL, SUBCLASSIFICATION UNDER THE GENERAL CONTRACTOR SPECIALTY CLASSIFICATION, SO AS TO PROVIDE THAT WORK UNDER THIS SUBCLASSIFICATION DOES NOT REQUIRE AN EXAMINATION FOR PREFABRICATED OR RESIDENTIAL ABOVEGROUND POOLS AND THAT SUCH A SUBCLASSIFICATION LICENSE IS NOT REQUIRED TO APPLY PAINT OR SEALANT TO THE INSIDE OF A POOL OR SPA OR TO POOL DECKS.
Ordered for consideration tomorrow.
Senator THOMAS from the Committee on Banking and Insurance submitted a favorable report on:
S. 1104 (Word version) -- Senators Thomas: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMISSIVE DISMISSAL BY A COURT OF A PROSECUTION FOR A DISHONORED CHECK UPON RESTITUTION, SO AS TO MAKE THE DISMISSAL MANDATORY; AND TO AMEND SECTION 34-11-100, RELATING TO THE EFFECT OF PAYMENT OF A DISHONORED CHECK AFTER THE INITIATION OF PROSECUTION, SO AS TO PROVIDE THAT PAYMENT IS GROUNDS FOR DISMISSAL OF THE CHARGES.
Ordered for consideration tomorrow.
On motion of Senator FORD, with unanimous consent, the name of Senator FORD was added as a co-sponsor of S.1104.
On motion of Senator MALLOY, with unanimous consent, the names of Senators MALLOY and WILLIAMS were added as co-sponsors of S.1104.
Senator THOMAS from the Committee on Banking and Insurance submitted a favorable report on:
S. 1160 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 38-90-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF A CAPTIVE INSURANCE COMPANY, SO AS TO PROVIDE THAT AN EMPLOYER WHO MAY SELF-FUND WORKERS' COMPENSATION COVERAGE IS AUTHORIZED TO WRITE WORKERS' COMPENSATION COVERAGE DIRECTLY THROUGH A CAPTIVE INSURANCE COMPANY; AND TO AMEND SECTION 42-5-20, AS AMENDED, RELATING TO INSURANCE OR PROOF OF FINANCIAL ABILITY TO PAY, SO AS TO AUTHORIZE A CAPTIVE INSURANCE COMPANY, WHICH MAY PAY DIRECTLY COMPENSATION, THE ABILITY TO WRITE WORKERS' COMPENSATION INSURANCE.
Ordered for consideration tomorrow.
Columbia, S.C., March 8, 2006
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4594 (Word version) -- Reps. Vick, Witherspoon, Clemmons and Hardwick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-5595 SO AS TO PROVIDE THAT FOR PURPOSES OF THE NONRECOGNITION OF GAIN UNDER SECTION 1031 OF THE INTERNAL REVENUE CODE AND COMPARABLE PROVISIONS OF STATE LAW, THE CONVEYANCE BY TIMBER DEED OF THE RIGHT TO CUT STANDING TIMBER IS CONSIDERED A CONVEYANCE OF A REAL PROPERTY INTEREST AND AS SUCH UNDER THE LAWS OF THIS STATE IS A LIKE-KIND EXCHANGE WITH OTHER SIMILAR CONVEYANCES OF A REAL PROPERTY INTEREST OR WITH CONVEYANCES OF SIMILAR INVESTMENT REAL PROPERTY OWNED IN FEE SIMPLE.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., March 8, 2006
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 1061 (Word version) -- Senators Gregory, Grooms, Courson, Drummond, Richardson, Campsen, Ryberg, Land, Hutto, Setzler, Hayes, Sheheen, Lourie and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REDESIGNATING SECTIONS 51-17-10 THROUGH 51-17-150 AS ARTICLE 1 OF CHAPTER 17, TITLE 51, ENTITLED "HERITAGE TRUST PROGRAM", AND BY ADDING ARTICLE 3 TO CHAPTER 17, TITLE 51 SO AS TO PROVIDE FOR BONDING AUTHORITY IN THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES FOR LAND ACQUISITION, RESTORATION, IMPROVEMENT, AND MANAGEMENT OF PROPERTIES FOR INCLUSION IN THE HERITAGE TRUST PROGRAM.
Very respectfully,
Speaker of the House
Received as information.
S. 1061 (Word version) -- Senators Gregory, Grooms, Courson, Drummond, Richardson, Campsen, Ryberg, Land, Hutto, Setzler, Hayes, Sheheen, Lourie and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REDESIGNATING SECTIONS 51-17-10 THROUGH 51-17-150 AS ARTICLE 1 OF CHAPTER 17, TITLE 51, ENTITLED "HERITAGE TRUST PROGRAM", AND BY ADDING ARTICLE 3 TO CHAPTER 17, TITLE 51 SO AS TO PROVIDE FOR BONDING AUTHORITY IN THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES FOR LAND ACQUISITION, RESTORATION, IMPROVEMENT, AND MANAGEMENT OF PROPERTIES FOR INCLUSION IN THE HERITAGE TRUST PROGRAM.
On motion of Senator GREGORY, the Senate insisted upon its amendments to S. 1061 and asked for a Committee of Conference.
Whereupon, Senators GREGORY, CAMPSEN and SHEHEEN were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
S. 1109 (Word version) -- Senator Cleary: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 701 IN GEORGETOWN COUNTY FROM ITS INTERSECTION WITH NORTH STREET TO ITS INTERSECTION WITH BROWNS FERRY ROAD "AIRMAN FIRST CLASS CARL ANDERSON, JR. MEMORIAL HIGHWAY" AND ERECT APPROPRIATE SIGNS OR MARKERS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "AIRMAN FIRST CLASS CARL ANDERSON, JR. MEMORIAL HIGHWAY" IN HONOR OF A BRAVE SON OF SOUTH CAROLINA WHO MADE THE ULTIMATE SACRIFICE WHILE DEFENDING HIS COUNTRY IN IRAQ.
Returned with concurrence.
Received as information.
S. 1173 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, MARCH 22, 2006, AS "CREATING SOLUTIONS FOR DISABILITIES DAY" TO ENDORSE THE "BUCK-A-CUP CAMPAIGN" AND OTHER PROGRAMS OF EASTER SEALS SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MARCH 22, 2006, AT WHICH TIME THE STATE EASTER SEAL AND "BUCK-A-CUP" REPRESENTATIVES WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
Returned with concurrence.
Received as information.
S. 1217 (Word version) -- Senator Short: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE SENATE UPON THE PASSING OF COUNTY COUNCILMAN GEORGE "BUNNY" GUY, SR. OF CHESTER COUNTY AND TO CONVEY TO HIS FAMILY AND MANY FRIENDS DEEPEST SYMPATHY.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and, 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. 4015 (Word version) -- Rep. White: A BILL TO AMEND SECTIONS 40-47-940, 40-47-945, 40-47-950, 40-47-955, 40-47-965, 40-47-970, AND 40-47-1015, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE SOUTH CAROLINA PHYSICIAN ASSISTANTS PRACTICE ACT, SO AS TO UPDATE AND CLARIFY THE PROCEDURE FOR ISSUANCE OF AUTHORIZATION TO PRACTICE AND FOR CHANGE IN SUPERVISING PHYSICIAN; TO CLARIFY THE PERMANENT LICENSURE FOR PHYSICIAN ASSISTANTS AND CLARIFY APPEARANCES IN THE APPLICATION PROCESS; TO CLARIFY THE LIMITED LICENSURE FOR PHYSICIAN ASSISTANTS AND CLARIFY APPEARANCES IN THE APPLICATION PROCESS; TO CLARIFY SUPERVISION RESPONSIBILITIES WHEN A PHYSICIAN ASSISTANT AND A PHYSICIAN PRACTICE AT THE SAME LOCATION; TO CLARIFY THE REQUIREMENTS FOR OFF-SITE PRACTICE; TO PROVIDE THAT PATIENT CHARTS FOR PATIENTS SEEN BY A PHYSICIAN ASSISTANT IN A SUPERVISOR'S ABSENCE MUST BE REVIEWED BY THE SUPERVISING PHYSICIAN OR ALTERNATE WITHIN FIVE WORKING DAYS AND TO PROVIDE AN EXCEPTION; TO PROVIDE LIMITED CONTROLLED SUBSTANCE PRESCRIPTIVE AUTHORITY; TO CLARIFY THAT THE PHYSICIAN ASSISTANT PRACTICE IS LIMITED TO THE SUPERVISING PHYSICIAN'S SCOPE OF PRACTICE; TO PROVIDE REFERENCES; TO CHANGE CERTAIN REFERENCES FROM BOARD TO COMMITTEE; AND TO PROVIDE THAT MONETARY FEES MAY BE DECREASED OR INCREASED BIENNIALLY FOR PHYSICIAN ASSISTANTS.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 985 (Word version) -- Senators Leatherman, Leventis and Pinckney: A BILL TO AMEND SECTION 6-1-530(B) OF THE 1976 CODE, RELATING TO THE USE OF REVENUE FROM THE LOCAL ACCOMMODATIONS TAX, TO PROVIDE THAT A COUNTY WHICH COLLECTS ONE HUNDRED THOUSAND DOLLARS IN ACCOMMODATIONS TAXES MAY USE THE REVENUE COLLECTED FOR THE OPERATION AND MAINTENANCE OF THE ITEMS LISTED IN 6-1-530(A) AND POLICE, FIRE PROTECTION, EMERGENCY MEDICAL SERVICES, AND EMERGENCY-PREPAREDNESS OPERATIONS DIRECTLY ATTENDANT TO THOSE FACILITIES.
S. 394 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 40-54-10 OF THE 1976 CODE, RELATING TO DEALERS IN PRECIOUS METALS, TO PROVIDE A DEFINITION OF BUSINESS; TO AMEND SECTION 40-54-70, RELATING TO A DEALER'S CIVIL LIABILITY FOR DAMAGES TO THE TRUE OWNER FOR KNOWINGLY PURCHASING STOLEN PRECIOUS METAL, TO INCLUDE THE PURCHASE OF A PRECIOUS OR SEMIPRECIOUS STONE OR GEM, TO REQUIRE A REASONABLE INQUIRY BY THE DEALER INTO THE TRUE OWNERSHIP OF THE ITEM, AND TO PROVIDE FOR THE ADDITIONAL REMEDY OF IMMEDIATE RETURN OF THE ITEM UPON DEMAND BY THE TRUE OWNER; AND TO AMEND VARIOUS OTHER SECTIONS OF CHAPTER 54 OF TITLE 40 TO MAKE CERTAIN TECHNICAL AND OTHER CHANGES.
S. 1145 (Word version) -- Senators Martin, McConnell, Ford, Knotts, Jackson and Malloy: A BILL TO AMEND SECTION 7-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXECUTIVE DIRECTOR OF STATE ELECTION COMMISSION, SO AS TO AUTHORIZE THE EXECUTIVE DIRECTOR TO SERVE AS THE CHIEF STATE ELECTION OFFICIAL RESPONSIBLE FOR IMPLEMENTING AND ENFORCING THE STATE'S RESPONSIBILITIES UNDER THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT (UOCAVA); TO AMEND SECTION 7-13-50, RELATING TO SECOND AND OTHER PRIMARIES, SO AS TO PROVIDE THAT A SECOND PRIMARY, WHEN NECESSARY, MUST BE HELD TWO WEEKS AFTER THE FIRST PRIMARY FOR STATE AND LOCAL OFFICES AND FOUR WEEKS AFTER THE FIRST PRIMARY FOR FEDERAL OFFICES; AND TO AMEND ARTICLE 5, CHAPTER 15 OF TITLE 7 BY ADDING SECTION 7-15-405, SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO PROVIDE A SPECIAL SECOND PRIMARY ABSENTEE BALLOT FOR INSTANT VOTING IN RUNOFFS FOR FEDERAL OFFICES, STATEWIDE OFFICES, MEMBERS OF THE GENERAL ASSEMBLY, AND MULTI-COUNTY OFFICES AND THE COUNTY AND MUNICIPAL ELECTION COMMISSIONS TO PROVIDE A SPECIAL SECOND PRIMARY ABSENTEE BALLOT FOR INSTANT VOTING IN RUNOFFS FOR LOCAL OFFICES.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator MARTIN requested to take up Amendment No. 1 pursuant to the provisions of Rule 26B.
There was no objection and Amendment No. 1 was taken up for immediate consideration.
Senators MARTIN, MALLOY, CAMPSEN and WILLIAMS proposed the following Amendment No. 1 (JUD1145.008), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:
TO AMEND SECTION 7-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO AUTHORIZE THE EXECUTIVE DIRECTOR TO SERVE AS THE CHIEF STATE ELECTION OFFICIAL RESPONSIBLE FOR IMPLEMENTING AND ENFORCING THE STATE'S RESPONSIBILITIES UNDER THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT; TO AMEND ARTICLE 5, CHAPTER 15 OF TITLE 7, BY ADDING SECTION 7-15-405, SO AS TO REQUIRE THE AUTHORITY CHARGED WITH CONDUCTING AN ELECTION TO PROVIDE AN ABSENTEE INSTANT RUNOFF BALLOT FOR VOTING IN A POTENTIAL PRIMARY RUNOFF AT LEAST FORTY-FIVE DAYS PRIOR TO THE PRIMARY ELECTION TO THE QUALIFIED ELECTORS OF THIS STATE WHO ARE ELIGIBLE TO VOTE AS PROVIDED BY THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT; AND TO AMEND SECTION 7-15-460, RELATING TO ABSENTEE VOTING BY ARMED SERVICES PERSONNEL DURING A MILITARY EMERGENCY, SO AS TO DIRECT THE STATE ELECTION COMMISSION, IN COOPERATION WITH UNITED STATES GOVERNMENT AGENCIES, TO TAKE ALL STEPS AND ACTION AS MAY BE NECESSARY, INCLUDING, BUT NOT LIMITED TO, ELECTRONIC TRANSMISSIONS OF STANDARD FORM 76 ISSUED BY THE FEDERAL GOVERNMENT AS AN APPLICATION FOR VOTER REGISTRATION AND AN APPLICATION FOR ABSENTEE BALLOTS AND ELECTRONIC TRANSMISSIONS OF ABSENTEE BALLOTS TO OR FROM ANY ELECTOR ELIGIBLE TO VOTE AS PROVIDED BY THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 7-3-20 of the 1976 Code is amended to read:
"Section 7-3-20. (A) The State Election Commission shall elect an executive director who shall be directly responsible to the commission and who shall serve at the pleasure of the commission. The executive director shall be the chief administrative officer for the State Election Commission.
(B) The executive director shall receive such compensation and employ such staff, subject to the approval of the State Election Commission, as may be provided by law.
(C) The executive director shall:
(1) maintain a complete master file of all qualified electors by county and by precincts;
(2) delete the name of any elector:
(a) who is deceased,;
(b) who is no longer qualified to vote in the precinct where currently registered,;
(c) who has been convicted of a disqualifying crime,;
(d) who is otherwise no longer qualified to vote as may be provided by law,; or
(e) who requests in writing that his name be removed;
(3) enter names on the master file as they are reported by the county registration boards;
(4) furnish each county registration board with a master list of all registered voters in the county, together with a copy of all registered voters in each precinct of the county, at least ten days prior to each election. The precinct copies shall be used as the official list of voters;
(5) maintain all information furnished his office relating to the inclusion or deletion of names from the master file for four years;
(6) purchase, lease, or contract for the use of such equipment as may be necessary to properly execute the duties of his office, subject to the approval of the State Election Commission;
(7) secure from the United States courts and federal and state agencies available information as to persons convicted of disqualifying crimes;
(8) obtain information from any other source which may assist him in carrying out the purposes of this section;
(9) perform such other duties relating to elections as may be assigned him by the State Election Commission;
(10) furnish at reasonable price any precinct lists to a qualified elector requesting them; and
(11) serve as the chief state election official responsible for implementing and coordinating the state's responsibilities under the National Voter Registration Act of 1993; and
(12) serve as the chief state election official responsible for implementing and enforcing the state's responsibilities under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), as set forth in the United States Code, Title 42, Section 1973ff, et seq."
SECTION 2. Article 5, Chapter 15, Title 7 of the 1976 Code is amended by adding:
"Section 7-15-405. (A) For the qualified electors of this State who are eligible to vote as provided by the Uniformed and Overseas Citizens Absentee Voting Act, set forth in the United States Code, Title 42, Section 1973ff, et seq., an absentee ballot with an absentee instant runoff ballot for each potential second primary must be mailed to the elector at least forty-five days prior to the primary election.
(B) The absentee instant runoff ballots for second primaries must be prepared by the authority charged with conducting the election.
(C) The absentee instant runoff ballot for a second primary shall permit the elector to vote his order of preference for each candidate for each office by indicating a rank next to the candidate's name on the ballot. However, the elector shall not be required to indicate his preference for more than one candidate on the ballot if he so chooses.
(D) The special absentee ballot shall be designated as an 'absentee instant runoff ballot' and be clearly distinguishable from the regular absentee ballot.
(E) Instructions explaining the absentee instant runoff voting process must be provided with the ballot to the qualified elector.
(F) The State Election Commission shall promulgate regulations necessary for the implementation of this section."
SECTION 3. Section 7-15-460 of the 1976 Code is amended to read:
"Section 7-15-460. In the event of an emergency, as defined in this section (A) To ensure that all South Carolina residents eligible to vote as provided by the Uniformed and Overseas Citizens Absentee Voting Act, set forth in the United States Code, Title 42, Section 1973ff, et seq., have the opportunity to receive and cast any ballot they would have been eligible to cast if they resided in and had remained in South Carolina, the State Election Commission must, in cooperation with United States government agencies, take all steps and action as may be necessary, including, but not limited to, electronic transmissions of Standard Form 76 issued by the federal government as an application for voter registration and an application for absentee ballots and electronic transmissions of absentee ballots to or from any elector in the United States armed services, to ensure that all South Carolina residents located in the immediate area of the emergency, who are serving on active duty in the armed services of the United States, in the Reserve or Guard components of the United States armed services having been called to active military duty, or as civilian personnel with the armed forces of the United States, have the opportunity to receive and cast any ballot they would have been eligible to cast if they resided in and had remained in South Carolina eligible to vote as provided by the Uniformed and Overseas Citizens Absentee Voting Act.
'Emergency' means any war, conflict, military action, or military mobilization outside the continental United States in which United States forces are involved which would make it impractical for South Carolina citizens serving in the United States armed services to register to vote or vote in person in the normal manner.
(B) The State Election Commission shall promulgate regulations necessary for the implementation of this section."
SECTION 4. 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 chapter, 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 5. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
The following Bills and Joint Resolutions, having been read the second time, were ordered placed on the Third Reading Calendar:
H. 3993 (Word version) -- Rep. Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-31-170 SO AS TO PROVIDE TRAINING AND EXPERIENCE REQUIREMENTS THAT A COUNSELOR FOR THE STATE AGENCY OF VOCATIONAL REHABILITATION SHALL MEET.
S. 1146 (Word version) -- Senators Campsen and Gregory: A BILL TO AMEND SECTION 50-21-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO PLACE AIDS TO NAVIGATION AND REGULATORY MARKERS IN THE WATERS OF THIS STATE UNDER CERTAIN CONDITIONS, SO AS TO REVISE THE MANNER IN WHICH THE DEPARTMENT REGULATES THE UNIFORM MARKING OF THE WATERS OF THIS STATE AND THE OPERATION OF WATER DEVICES AND WATERCRAFT THROUGH THE USE OF REGULATORY MARKERS.
H. 4296 (Word version) -- Reps. Altman, Mahaffey, Toole and Perry: A BILL TO AMEND SECTION 50-5-2300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS TO HARVEST AND MARKET DIAMOND-BACKED TERRAPIN AND PENALTIES FOR VIOLATIONS, SO AS TO DELETE THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO GRANT PERMITS TO HARVEST AND MARKET DIAMOND-BACKED TERRAPIN AND PROVIDE THAT IT IS UNLAWFUL TO TAKE OR POSSESS DIAMOND-BACKED TERRAPIN FOR A COMMERCIAL PURPOSE, AND TO REVISE PENALTIES FOR VIOLATIONS.
S. 1210 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO REPRESENTATION OF PARTIES AND INTERVENORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2976, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator ALEXANDER explained the Joint Resolution.
S. 1211 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OFFICE OF LABOR SERVICES, RELATING TO CHILD LABOR, DESIGNATED AS REGULATION DOCUMENT NUMBER 2982, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3796 (Word version) -- Reps. Cato, Huggins and Ballentine: A BILL TO AMEND CHAPTER 60, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF REAL ESTATE APPRAISERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40 UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF REAL ESTATE APPRAISERS, INCLUDING AMONG OTHER THINGS, REVISIONS OF THE CLASSROOM OR COURSE HOURS REQUIRED TO QUALIFY FOR THE DESIGNATED LEVELS OF APPRAISAL PERMITS, LICENSURE, AND CERTIFICATION.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
The Committee on Labor, Commerce and Industry proposed the following amendment (H-3796 AMENDMENT), which was adopted:
Amend the bill, as and if amended, Section 40-60-20, page 20 by striking lines 40-43 and inserting:
/ (8) 'Appraiser apprentice' means an individual authorized by permit to assist a state certified appraiser in the performance of an appraisal if the apprentice is actively and personally supervised by the certified appraiser. /
Amend further, page 23, beginning on line 22, by striking Section 40-60-31 in its entirety and inserting:
/ Section 40-60-31. To qualify as an appraiser, an applicant shall:
(1) have attained the age of eighteen years;
(2) have graduated from high school or hold a certificate of equivalency to become an apprentice or licensed appraiser, have an Associate Degree or equivalent as promulgated by the board through regulation to become a certified residential appraiser, have a Bachelors Degree or equivalent as promulgated by the board through regulation to become a certified general appraiser;
(3) submit proof of completion of qualifying education and, if applicable, experience requirements as specified in this chapter;
(4) submit certificates of licensure from all jurisdictions where presently or previously certified;
(5) pass an examination, if applicable. An applicant who does not become licensed within five years after passing the licensure examination must retake the examination. An applicant who does not become certified within two years after passing the certified residential or certified general examination must retake the examination. /
Amend further, Section 40-60-34, page 25 by striking lines 34-35 and inserting:
/ (1) perform appraisal assignments only under the direct supervision of a state certified appraiser; /
Amend further, Section 40-60-34, page 26, by striking lines 1-2 and inserting:
/ (f) name and certification number of supervising appraiser; /
Amend further, Section 40-60-34, page 27 by striking lines 12-18 and inserting:
/ (K) A fee appraiser must retain for five years the original or exact copy of each appraisal report prepared or signed by the appraiser and all supporting data assembled and formulated by the appraiser in preparing each appraisal report. The five-year period for retention of records is applicable to each engagement of the services of the appraiser and commences on the date of delivery of each appraisal report to the client. The appraiser must retain the work file for a period of at least two years after final disposition of appeals of all judicial proceedings in which the appraiser provided testimony related to the assignment, whichever period expires last. /
Amend further, Section 40-60-35, page 27 by striking lines 28-32 and inserting:
/ Section 40-60-35. (A) (1) For renewal of an active permit, license, or certification, an appraiser shall present evidence biennially of satisfactory completion by the applicant of twenty-eight classroom hours of instruction in courses or seminars that have been approved by the board.
(2) For renewal of an active license or certification, assessors and other staff responsible for the assessment of property for ad valorem taxation purposes shall receive nine hours of instruction each year in the laws applicable to assessment for ad valorem taxation, methods of valuing property, administration of the assessor's office and records of the assessor's office, and other functions related to the assessor's office. This instruction shall be received from the Department of Revenue or other providers or courses approved by the Department of Revenue. This instruction shall satisfy eighteen of the twenty-eight classroom hours required for renewal. /
Amend further, Section 40-60-35, page 28, by striking lines 1-7 and inserting:
/ (D) Appraisers may request to receive credit for continuing education for a course that has not been pre-approved by the board. However, credit may be granted only if the appraiser provides satisfactory proof of course qualification and the board finds that the course meets the criteria set for continuing education courses with regard to subject matter, course length, instructor qualification, and student attendance. /
Amend further, page 35, by striking lines 23-43 and on page 36 by striking lines 1-12 and inserting:
/ Section 40-60-220. A person who is licensed as a licensed appraiser, licensed mass appraiser, state certified residential appraiser, certified mass appraiser, state certified general appraiser or certified general mass appraiser on December 31, 2007, may continue licensure in that category without meeting the requirements of Section 40-60-31 and Section 40-60-33, so long as the person is otherwise authorized to hold such license.
Section 40-60-230. 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 section, 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 2. This act takes effect January 1, 2008. /
Renumber sections to conform.
Amend title to conform.
Senator ALEXANDER explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 4165 (Word version) -- Reps. M.A. Pitts, Rhoad, Umphlett, E.H. Pitts, Loftis, Whipper, Witherspoon, Haley, Hardwick, Agnew, Anderson, Vaughn, Mahaffey, Leach, Bales, Clemmons, Cooper, Littlejohn, Owens, Taylor, Weeks, Whitmire, Duncan and Toole: A BILL TO AMEND SECTION 50-3-316, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRITERIA FOR HIRING NATURAL RESOURCES ENFORCEMENT OFFICERS, SO AS TO REVISE THE RESIDENCY REQUIREMENTS FOR THESE ENFORCEMENT OFFICERS.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator GREGORY proposed the following amendment (GGS\ 22466SJ06), which was adopted:
Amend the bill, as and if amended, Section 50-3-316 as contained in SECTION 1, page 1, by deleting lines 37 and 38 in their entirety and inserting:
/ Enforcement officers must be compensated from funds provided to the department in the annual general appropriation act. /
Renumber sections to conform.
Amend title to conform.
Senator GREGORY explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 4549 (Word version) -- Rep. Simrill: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF SEPTEMBER 2006 "MENOPAUSE AWARENESS MONTH" IN RECOGNIZING ITS EFFECTS ON THE HEALTH OF SOUTH CAROLINA WOMEN.
The Concurrent Resolution was adopted, ordered returned to the House.
S. 1179 (Word version) -- Senators Grooms, Campsen, Cleary, Richardson and Alexander: A CONCURRENT RESOLUTION TO URGE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO OPPOSE THE SALE OF LAND IN THE FRANCIS MARION AND SUMTER NATIONAL FORESTS.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 4710 (Word version) -- Reps. Witherspoon, Barfield, Clemmons, Frye, Hardwick and Sandifer: A CONCURRENT RESOLUTION CELEBRATING SIXTY YEARS OF TREE FARMING IN SOUTH CAROLINA AND SALUTING THE SOUTH CAROLINA TREE FARM PROGRAM.
The Concurrent Resolution was adopted, ordered returned to the House.
S. 680 (Word version) -- Senators Sheheen and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-295 SO AS TO PROVIDE THAT GASOLINE AND DIESEL FUEL MAY BE DISPENSED AT UNATTENDED SERVICE STATIONS IF THE DISPENSING DEVISE HAS AN AUTOMATIC SHUT-OFF VALVE THAT IS ACTIVATED WHEN THE SALE REACHES FIFTY DOLLARS.
On motion of Senator SHEHEEN, the Bill was carried over.
S. 798 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 41-1-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF USING TOBACCO PRODUCTS OUTSIDE OF THE WORKPLACE AS THE BASIS FOR TAKING A PERSONNEL ACTION AGAINST AN EMPLOYEE, SO AS TO AUTHORIZE AN EMPLOYER TO ADVERTISE FOR NONSMOKER EMPLOYEES AND DESIGNATE IN HIS ADVERTISEMENT THAT THE WORKPLACE IS A NONSMOKING ENVIRONMENT.
Senator ALEXANDER explained the Bill.
On motion of Senator SHEHEEN, the Bill was carried over.
S. 1116 (Word version) -- Senators McConnell, Lourie, Ford, Cleary, Knotts and Sheheen: TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ESTABLISHING THE SPECIAL INVESTIGATIONS UNIT WITHIN THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO INVESTIGATE ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS, TO AMEND DEFINITIONS IN THE OMNIBUS ADULT PROTECTION ACT, SO "FACILITY" INCLUDES CERTAIN RESIDENTIAL PROGRAMS AND "INVESTIGATIVE ENTITY" INCLUDES THE SPECIAL INVESTIGATIONS UNIT, TO AMEND THE DUTIES AND PROCEDURES OF INVESTIGATIVE ENTITIES IN CONNECTION WITH ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS, TO CLARIFY THE INVESTIGATIVE RESPONSIBILITIES OF THE LONG TERM CARE OMBUDSMAN AND THE ADULT PROTECTIVE SERVICES PROGRAM, TO CLARIFY REPORTING RESPONSIBILITIES, TO PROVIDE THAT ALL DEATHS OF A VULNERABLE ADULT IN CERTAIN FACILITIES MUST BE REPORTED TO THE SPECIAL INVESTIGATIONS UNIT; TO PROVIDE THAT A FACILITY'S REQUIRED NOTICES MUST CONTAIN E-MAIL ADDRESSES AND FAX NUMBERS OF THE LONG TERM CARE OMBUDSMAN PROGRAM, THE SPECIAL INVESTIGATIONS UNIT, AND LAW ENFORCEMENT, TO PROVIDE THAT THE SPECIAL INVESTIGATIONS UNIT MAY MAKE REFERRALS TO THE ATTORNEY GENERAL FOR A FAILURE TO EXERCISE REASONABLE CARE IN OPERATING A FACILITY FOR VULNERABLE ADULTS, TO ADD ARTICLE 5 TO CHAPTER 35, TITLE 43 TO PROVIDE FOR THE POWERS AND DUTIES OF THE SPECIAL INVESTIGATIONS UNIT AND TO ESTABLISH THE VULNERABLE ADULT FATALITIES REVIEW COMMITTEE, TO REQUIRE THE CORONER OR MEDICAL EXAMINER TO REPORT THE DEATH OF A VULNERABLE ADULT TO THE SPECIAL INVESTIGATIONS UNIT UNDER CERTAIN CIRCUMSTANCES, AND TO REQUIRE RECORDS CHECKS ON DIRECT CAREGIVERS IN CERTAIN RESIDENTIAL PROGRAMS. (ABBREVIATED TITLE)
On motion of Senator McCONNELL, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 3184 (Word version)--Reps. Harrison, G.R. Smith, Whipper, Cato, G.M. Smith and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO PROVIDE THAT THE RULES AND PROCEDURES FOLLOWED BY INDIVIDUAL STATE AGENCIES FOR THE HEARING OF CONTESTED CASES ARE OF NO FORCE AND EFFECT IN PROCEEDINGS BEFORE AN ADMINISTRATIVE LAW JUDGE, TO PROVIDE FOR, EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED FOR BY STATUTE, JUDICIAL REVIEW OF THE ADMINISTRATIVE DECISION OF A STATE AGENCY BY AN ADMINISTRATIVE LAW JUDGE AND THAT THE DECISION OF THE ADMINISTRATIVE LAW JUDGE MAY BE APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS; TO PROVIDE FOR AN APPEAL FROM A FINAL DECISION OF THE STATE ETHICS COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS, TO PROVIDE FOR AN APPEAL FROM A FINAL DECISION BY THE EMPLOYMENT SECURITY COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS, TO PROVIDE FOR AN APPEAL FROM A FINAL DECISION OF THE PUBLIC SERVICE COMMISSION TO THE SOUTH CAROLINA SUPREME COURT OR COURT OF APPEALS, AND TO REPEAL CERTAIN SECTIONS RELATING TO JUDICIAL REVIEW OF A DECISION BY THE PUBLIC SERVICE COMMISSION. (ABBREVIATED TITLE)
Senator MARTIN moved to make the Bill a Special Order.
Senators LEVENTIS and HUTTO spoke on the motion.
By a division vote of 28-4, the Bill was made a Special Order.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 1050 (Word version) -- Senators Ritchie, Ford, Mescher, Knotts, Bryant, Setzler and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "FAMILY COURT REFORM ACT OF 2006", BY AMENDING SECTION 15-36-10, AS AMENDED, RELATING TO LIABILITY FOR ATTORNEY'S FEES AND COSTS OF FRIVOLOUS SUITS, SO AS TO CLARIFY THAT AN ACTION IN FAMILY COURT IS SUBJECT TO THE SOUTH CAROLINA FRIVOLOUS CIVIL PROCEEDINGS SANCTIONS ACT AND MANDATE SANCTIONS FOR MULTIPLE FINDINGS OF FRIVOLOUS SUITS; TO AMEND SECTION 20-3-130, RELATING TO THE AWARD OF ALIMONY AND OTHER ALLOWANCES IN DIVORCE CASES, SO AS TO ELIMINATE ADULTERY AS A PROHIBITION TO AN AWARD OF ALIMONY, TO CREATE A CATEGORY OF "LIMITED ALIMONY", TO CREATE A REBUTTABLE PRESUMPTION OF FINITE ALIMONY FOR SHORT-TERM MARRIAGES AND DEFINE SHORT-TERM MARRIAGES, TO MODIFY THE TIME PERIOD FOR MARITAL MISCONDUCT AS AN ALIMONY FACTOR TO THE DATE OF FILING AN ACTION FOR DIVORCE OR SEPARATE SUPPORT AND MAINTENANCE AND RELATING TO THE PAYMENT OF ALIMONY AND SEPARATE MAINTENANCE AND SUPPORT IN DIVORCE PROCEEDINGS, TO REQUIRE THAT ALL PAYMENTS MADE BY THE PAYOR MUST BE MADE THROUGH THE CLERK OF COURT UNLESS THE PAYOR SPOUSE DEMONSTRATES THAT HE WILL NOT DEFAULT ON THE OBLIGATION OR PROVIDE ADEQUATE SECURITY FOR THE PAYMENT OF THE SUPPORT, AND TO REQUIRE THAT IF THE PAYOR SPOUSE IS EVER TEN DAYS OR MORE LATE IN PAYING HIS OBLIGATION, THEN, UPON THE FILING OF AN AFFIDAVIT BY THE PAYEE SPOUSE, ALL FUTURE PAYMENTS, ALONG WITH A SERVICE FEE, MUST BE MADE THROUGH THE CLERK OF COURT; TO AMEND TITLE 20, RELATING TO THE CHILDREN'S CODE, BY ADDING CHAPTER 6, ENTITLED THE "SOUTH CAROLINA FAMILY COURT HEARING OFFICER ACT", SO AS TO ESTABLISH FAMILY COURT HEARING OFFICERS; TO AMEND CHAPTER 7 OF TITLE 20, RELATING TO THE PAYMENT OF CHILD SUPPORT, BY ADDING SECTION 20-7-93, SO AS TO REQUIRE THAT IN CHILD SUPPORT ORDERS, THE PAYMENT MUST BE MADE THROUGH THE CLERK OF COURT UNLESS THE PAYOR SPOUSE DEMONSTRATES THAT HE WILL NOT DEFAULT ON THE OBLIGATION OR PROVIDES ADEQUATE SECURITY FOR THE PAYMENT OF THE SUPPORT; TO AMEND SECTION 20-7-420, RELATING TO THE JURISDICTION OF FAMILY COURT IN DOMESTIC MATTERS, SO AS TO ADD A SUBSECTION CONCERNING FAMILY COURT JURISDICTION IN FRIVOLOUS MATTERS AND TO MANDATE THAT JUDGES SANCTION PARTIES WITH TWO OR MORE PRIOR DETERMINATIONS OF FILING A FRIVOLOUS CLAIM OR MOTION; TO AMEND SECTION 20-7-472, RELATING TO THE EQUITABLE APPORTIONMENT AND CRITERIA OF MARITAL PROPERTY, SO AS TO MODIFY THE TIME PERIOD FOR MARITAL MISCONDUCT AS AN EQUITABLE DISTRIBUTION FACTOR TO THE DATE OF FILING AN ACTION FOR DIVORCE OR SEPARATE SUPPORT AND MAINTENANCE; TO AMEND SECTION 20-7-570, RELATING TO A FALSE REPORT OF SUSPECTED CHILD ABUSE OR NEGLECT MADE MALICIOUSLY OR IN BAD FAITH, SO AS TO MANDATE THAT JUDGES SANCTION THE REPORTING PARTY UPON A SECOND OR SUBSEQUENT DETERMINATION OF MAKING A FALSE REPORT MALICIOUSLY OR IN BAD FAITH; AND TO AMEND TITLE 20, BY ADDING CHAPTER 8, ENTITLED THE "SOUTH CAROLINA FAMILY LAW MEDIATION ACT", SO AS TO MANDATE MEDIATION IN ALL DOMESTIC RELATIONS ACTIONS IN FAMILY COURT, TO PROVIDE FOR EXCEPTIONS WHERE MEDIATION IS NOT REQUIRED AND EXCEPTIONAL CIRCUMSTANCES WHERE MEDIATION MAY BE WAIVED, TO PROVIDE A TIMEFRAME WITHIN WHICH MEDIATION MUST BE ACCOMPLISHED, AND TO PROVIDE THAT NO FINAL HEARING IN A DOMESTIC RELATIONS ACTION SHALL BE SCHEDULED UNTIL MEDIATION IS COMPLETED IN THE MATTER, UNLESS IT IS EXEMPTED OR EXCEPTED FROM MEDIATION.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senators HAWKINS and CAMPSEN proposed the following Amendment No. 3 (JUD1050.015), which was adopted:
Amend the bill, as and if amended, pages 4 through 9, by striking SECTION 4 in its entirety, beginning on line 33 of page 4, and inserting therein the following:
/ SECTION 4. Section 20-3-130 of the 1976 Code is amended to read:
"Section 20-3-130. (A) In proceedings for divorce from the bonds of matrimony, and in actions for separate maintenance and support, the court may grant alimony or separate maintenance and support in such amounts and for such term as the court considers appropriate as from the circumstances of the parties and the nature of case may be just, pendente lite, and permanently. No alimony may be awarded a spouse who commits adultery before the earliest of these two events: (1) the formal signing of a written property or marital settlement agreement, or (2) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties.
(B) Alimony and separate maintenance and support awards may be granted pendente lite and permanently in such amounts and for periods of time subject to conditions as the court considers just including, but not limited to:
(1) periodic alimony to be paid but terminating on the remarriage or continued cohabitation of the supported spouse or upon the death of either spouse (except as secured in subsection (D)) and terminable and modifiable based upon changed circumstances occurring in the future. The purpose of this form of support may include, but is not limited to, circumstances where the court finds it appropriate to order the payment of alimony on an ongoing basis where it is desirable to make a current determination and requirement for the ongoing support of a spouse to be reviewed and revised as circumstances may dictate in the future.;
(2) lump-sum alimony in a finite total sum to be paid in one installment, or periodically over a period of time, terminating only upon the death of the supported spouse, but not terminable or modifiable based upon remarriage or changed circumstances in the future. The purpose of this form of support may include, but not be limited to, circumstances where the court finds alimony appropriate but determines that such an award be of a finite and nonmodifiable nature.;
(3) rehabilitative alimony in a finite sum to be paid in one installment or periodically, terminable upon the remarriage or continued cohabitation of the supported spouse, the death of either spouse (except as secured in subsection (D)) or the occurrence of a specific event to occur in the future, or modifiable based upon unforeseen events frustrating the good faith efforts of the supported spouse to become self-supporting or the ability of the supporting spouse to pay the rehabilitative alimony. The purpose of this form of support may include, but is not limited to, circumstances where the court finds it appropriate to provide for the rehabilitation of the supported spouse, but to provide modifiable ending dates coinciding with events considered appropriate by the court such as the completion of job training or education and the like, and to require rehabilitative efforts by the supported spouse.;
(4) reimbursement alimony to be paid in a finite sum, to be paid in one installment or periodically, terminable on the remarriage or continued cohabitation of the supported spouse, or upon the death of either spouse (except as secured in subsection (D)) but not terminable or modifiable based upon changed circumstances in the future. The purpose of this form of support may include, but is not limited to, circumstances where the court finds it necessary and desirable to reimburse the supported spouse from the future earnings of the payor spouse based upon circumstances or events that occurred during the marriage.;
(5) separate maintenance and support to be paid periodically, but terminating upon the continued cohabitation of the supported spouse, upon the divorce of the parties, or upon the death of either spouse (except as secured in subsection (D)) and terminable and modifiable based upon changed circumstances in the future. The purpose of this form of support may include, but is not limited to, circumstances where a divorce is not sought, but it is necessary to provide for support of the supported spouse by way of separate maintenance and support when the parties are living separate and apart.; and
(6) such other form of spousal support, under terms and conditions as the court may consider just, as appropriate under the circumstances without limitation to grant more than one form of support.
For purposes of this subsection and unless otherwise agreed to in writing by the parties, 'continued cohabitation' means the supported spouse resides with another person in a romantic relationship for a period of ninety or more consecutive days. The court may determine that a continued cohabitation exists if there is evidence that the supported spouse resides with another person in a romantic relationship for periods of less than ninety days and the two periodically separate in order to circumvent the ninety-day requirement.
(C) In making an award of alimony or separate maintenance and support, the court must consider and give weight in such proportion as it finds appropriate to all of the following factors:
(1) the duration of the marriage together with the ages of the parties at the time of the marriage and at the time of the divorce or separate maintenance action between the parties;
(2) the physical and emotional condition of each spouse;
(3) the educational background of each spouse, together with need of each spouse for additional training or education in order to achieve that spouse's income potential;
(4) the employment history and earning potential of each spouse;
(5) the standard of living established during the marriage;
(6) the current and reasonably anticipated earnings of both spouses;
(7) the current and reasonably anticipated expenses and needs of both spouses;
(8) the marital and nonmarital properties of the parties, including those apportioned to him or her in the divorce or separate maintenance action;
(9) custody of the children, particularly where conditions or circumstances render it appropriate that the custodian not be required to seek employment outside the home, or where the employment must be of a limited nature;
(10) marital misconduct or fault of either or both parties, whether or not used as a basis for a divorce or separate maintenance decree if the misconduct affects or has affected the economic circumstances of the parties, or contributed to the breakup of the marriage, except that no evidence of personal conduct which may otherwise be relevant and material for the purpose of this subsection may be considered with regard to this subsection if the conduct took place subsequent to the happening of the earliest of: (a) the formal signing of a written property or marital settlement agreement, or (b) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties;
(11) the tax consequences to each party as a result of the particular form of support awarded;
(12) the existence and extent of any support obligation from a prior marriage or for any other reason of either party; and
(13) such other factors the court considers relevant.
(D) In making an award of alimony or separate maintenance and support, the court may make provision for security for the payment of the support including, but not limited to, requiring the posting of money, property, and bonds and may require a spouse, with due consideration of the cost of premiums, insurance plans carried by the parties during marriage, insurability of the payor spouse, the probable economic condition of the supported spouse upon the death of the payor spouse, and any other factors the court may deem relevant, to carry and maintain life insurance so as to assure support of a spouse beyond the death of the payor spouse.
(E) In making an award of alimony or separate maintenance and support, the court may order the direct payment to the supported spouse, or may require that the payments be made through the Family Court and allocate responsibility for the service fee in connection with the award must order the payments be made through the clerk of court and allocate responsibility for the service fee in connection with the award to the payor, unless the payor spouse demonstrates to the satisfaction of the court that he will not default on his court ordered support obligation, or provides for security for the payment of the support in accordance with subsection (D) of this section. If the payor spouse is ever ten days or more late in paying his obligation, then, upon the filing of an affidavit with the family court by the supported spouse, all future payments by the payor spouse, and a service fee, must be made through the clerk of court. The court may require the payment of debts, obligations, and other matters on behalf of the supported spouse.
(F) The court may elect and determine the intended tax effect of the alimony and separate maintenance and support as provided by the Internal Revenue Code and any corresponding state tax provisions. The family court may allocate the right to claim dependency exemptions pursuant to the Internal Revenue Code and under corresponding state tax provisions and to require the execution and delivery of all necessary documents and tax filings in connection with the exemption.
(G) The family court may review and approve all agreements which bear on the issue of alimony or separate maintenance and support, whether brought before the court in actions for divorce from the bonds of matrimony, separate maintenance and support actions, or in actions to approve agreement where the parties are living separate and apart. The failure to seek a divorce, separate maintenance, or a legal separation does not deprive the court of its authority and jurisdiction to approve and enforce the agreements. The parties may agree in writing if properly approved by the court to make the payment of alimony as set forth in items (1) through (6) of subsection (B) nonmodifiable and not subject to subsequent modification by the court.
(H) The court, from time to time after considering the financial resources and marital fault of both parties, may order one party to pay a reasonable amount to the other for attorney fees, expert fees, investigation fees, costs, and suit money incurred in maintaining an action for divorce from the bonds of matrimony, as well as in actions for separate maintenance and support, including sums for services rendered and costs incurred before the commencement of the proceeding and after entry of judgment, pendente lite and permanently." /
Renumber sections to conform.
Amend title to conform.
Senator CAMPSEN explained the amendment.
Senator RITCHIE argued contra to the adoption of the amendment.
Senator RITCHIE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Cleary Drummond Elliott Ford Gregory Hayes Hutto Land Leatherman Martin Matthews McConnell Mescher O'Dell Patterson Rankin Ritchie Setzler
Alexander Anderson Bryant Campsen Courson Cromer Fair Grooms Hawkins Knotts Leventis Lourie Malloy McGill Moore Peeler Reese Richardson Ryberg Scott Sheheen Verdin Williams
The Senate refused to lay the amendment on the table.
The question then was the adoption of the amendment.
The amendment was adopted.
Senator SETZLER proposed the following Amendment No. 6 (SETZLER-1050), which was adopted:
Amend the bill, as and if amended, page 8, line 14 by adding the following:
/ In making a determination to require security for support, the court shall not require proof that special circumstances or compelling reasons exist. /
Renumber sections to conform.
Amend title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
Senator SHORT proposed the following Amendment No. 7 (JUD1050.026), which was adopted:
Amend the bill, as and if amended, by striking Section 20-3-130(A) in its entirety, page 4, lines 36-43, and on page 5, lines 1-4, and inserting therein the following:
/ "Section 20-3-130. (A) In proceedings for divorce from the bonds of matrimony, and in actions for separate maintenance and support, the court may grant alimony or separate maintenance and support in such amounts and for such term as the court considers appropriate as from the circumstances of the parties and the nature of case may be just, pendente lite, and permanently. No alimony may be awarded a spouse who commits adultery before the earliest of these two events: (1) the formal signing of a written property or marital settlement agreement, or (2) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties. However, if the adultery does not occur until after one year from the date of the filing of an action for divorce or separate maintenance and support, the court may award alimony or separate maintenance and support if it finds that the adultery did not materially affect the economic circumstances of the parties or did not materially contribute to the breakup of the marriage. /
Renumber sections to conform.
Amend title to conform.
Senator SHORT explained the amendment.
Senator CAMPSEN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryant Campsen Courson Cromer Fair Gregory Grooms Hawkins Hayes Knotts Malloy McGill Peeler Ryberg Setzler Sheheen Verdin
Alexander Anderson Cleary Drummond Elliott Ford Hutto Jackson Land Leatherman Leventis Lourie Martin Matthews McConnell Mescher O'Dell Patterson Pinckney Rankin Reese Richardson Ritchie Scott Short Williams
The Senate refused to lay the amendment on the table.
The question then was the adoption of the amendment.
Senator CAMPSEN argued contra to the adoption of the amendment.
Senator SHORT argued in favor of the adoption of the amendment.
Senator CAMPSEN argued contra to the adoption of the amendment.
Senator GROOMS moved to lay the amendment on the table.
The Senate refused to lay the amendment on the table.
The question then was the adoption of the amendment.
The amendment was adopted.
On motion of Senator CAMPSEN, with unanimous consent, the name of Senator CAMPSEN was removed as a co-sponsor of S. 1050.
Senator LEVENTIS proposed the following Amendment No. 8 (NBD\12266AC06), which was carried over:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Subarticle 3, Article 7, Chapter 7, Title 20 of the 1976 Code is amended by adding:
"Section 20-7-572. (A) If the department determines that an allegation of abuse or neglect is unfounded, the person who is the alleged perpetrator in the report of abuse or neglect may petition the court to release the identity of the person making the report. However, such a petition only may be heard if the person who made the report was not required to report pursuant to Section 20-7-510(A).
(B) If the petition can be heard in accordance with subsection (A), the court shall order the department to release the name of the person who makes the report if the court finds that there:
(1) was no basis in fact for the person making the report to believe that the child's physical or mental health or welfare was or may have been adversely affected by abuse or neglect; or
(2) is reason to believe that the impetus for making the report was other than a belief that the child's physical or mental health or welfare was or may have been adversely affected by abuse or neglect."/
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS explained the amendment.
On motion of Senator LEVENTIS, with unanimous consent, Amendment No. 8 was carried over to third reading.
Senator MESCHER proposed the following Amendment No. 1A (JUD1050.020), which was adopted:
Amend the bill, as and if amended, page 9, by striking line 20 and adding:
(I) When considering the factors provided in subsection (C) while making an award of alimony or separate maintenance and support, the court must give additional weight to both the award and the amount of the award of alimony or separate maintenance and support to the spouse seeking alimony or support when the court finds:
(a) that the spouse seeking alimony or support has not engaged in adultery; and
(b) that the other spouse has engaged in adultery prior to the earliest of either the formal signing of a written property or marital settlement agreement, or the entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties.
The degree of additional weight given by the court to the award or the amount of the award of alimony or separate maintenance and support must be in the court's discretion." /
Renumber sections to conform.
Amend title to conform.
Senator MESCHER explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator FORD, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Mary Ader of Columbia, but formerly of Charleston, S.C. As well as serving on the Charleston City Council for 24 years, Mrs. Ader was Charleston Mayor Pro Tem and an active member in many other civic organizations.
At 3:59 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.
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