Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Let us have a moment of silent prayer for our Lieutenant Governor, Andre Bauer, and his friend, John Leonhardt.
Father, we thank You for your angels as they carried them down to safety. Bless the hands of those who care for them as they heal.
Beloved, it is recorded in the Book of Nehemiah 2:18:
"I told them of the hand of my God which had been upon me for good... and they said, 'Let us rise up and build'. So they strengthened their hands for the good work."
Let us pray.
Father, God, we remember the self-misgivings of Moses as You called him to lead the children of Israel out of Egypt.
You strengthened his hand!
So, please strengthen our minds - and our hands - for the good work we shall do here today.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator LEATHERMAN was recognized to give a status report on the work of the Committee of Conference on H. 4449.
On motion of Senator LEATHERMAN, Senators LEATHERMAN, SHORT and RITCHIE were granted leave to attend a meeting of the Committee of Conference on H. 4449, be notified of any roll call votes and be granted leave to vote by telephone, if necessary.
Senator ELLIOTT rose for an Expression of Personal Interest.
Senator McCONNELL rose for an Expression of Personal Interest.
At 12:40 P.M., Senator MARTIN asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 3:00 P.M.
There was no objection and a message was sent to the House accordingly.
S. 1447 (Word version) -- Senators Thomas, Pinckney, Drummond, Land, Leventis, Moore, Reese, Matthews, Patterson, Elliott, Rankin, O'Dell, Short, Hutto, Martin, Jackson, Anderson, Mescher, Verdin, Malloy, Sheheen, Scott, Knotts and Williams: A JOINT RESOLUTION TO PROVIDE THAT THE STATE PORTS AUTHORITY SHALL SUBMIT TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY BY SPECIFIED DATES A FINANCIAL PLAN DETAILING THE ANTICIPATED COSTS AND EXPENSES ASSOCIATED WITH THE DEVELOPMENT OF A NEW TERMINAL FACILITY IN JASPER COUNTY ON THE SAVANNAH RIVER AND DETAILING THE SOURCES OF FUNDS BOTH PUBLIC AND PRIVATE TO MEET THESE COSTS AND EXPENSES, AND TO REQUIRE APPROVAL OF THIS FINANCIAL PLAN BEFORE THE NEW TERMINAL FACILITY MAY BEGIN TO BE DEVELOPED OR CONTRACTS ENTERED INTO FOR ITS DEVELOPMENT.
On motion of Senator MESCHER, with unanimous consent, the names of Senators MESCHER and SCOTT were removed as co-sponsors of S. 1447.
Senator LAND asked unanimous consent to be recorded as voting on any vetoes returned by the Governor during his absence the week of June 12-16th.
Senator GROOMS objected.
H. 4977 (Word version) -- Reps. Cato, Sandifer, Cooper, Barfield, Mitchell, Anthony, Chellis, Delleney, Duncan, Edge, Harrison, Harvin, Jefferson, Jennings, Kennedy, Leach, Mahaffey, McCraw, Norman, Ott, Perry, Rice, Scott, Sinclair, F.N. Smith, J.E. Smith, W.D. Smith, Talley, Townsend, Tripp, Vick, Walker, White, Witherspoon, G.R. Smith and Hamilton: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE TO EXAMINE THE FEASIBILITY OF NATURAL GAS EXPLORATION IN THE ATLANTIC OCEAN OFF THE COAST OF SOUTH CAROLINA, TO PROVIDE FOR ITS COMPOSITION, APPOINTMENT, POWERS, DUTIES, AND RESPONSIBILITIES, AND TO REQUIRE THE COMMITTEE TO MAKE A REPORT ON ITS RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 13, 2007 AT WHICH TIME IT IS DISSOLVED.
Senator ALEXANDER asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Labor, Commerce and Industry.
The Resolution was recalled from the Committee on Labor, Commerce and Industry and ordered placed on the Calendar for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary polled out H. 4723 favorable with amendment:
H. 4723 (Word version) -- Reps. Mitchell, Whipper, Davenport, Moody-Lawrence, Hosey, J.H. Neal, Haley, Breeland, Kennedy, Hodges, Haskins, Rivers, Mack, Allen, Ballentine, Bannister, Barfield, Battle, Bowers, Branham, J. Brown, R. Brown, Cato, Ceips, Chalk, Clyburn, Cobb-Hunter, Emory, Funderburk, Hamilton, Howard, Jefferson, Leach, Limehouse, Littlejohn, Mahaffey, J.M. Neal, Neilson, Parks, Perry, Phillips, F.N. Smith, J.E. Smith, W.D. Smith, Tripp, Viers, Weeks and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-630 SO AS TO ESTABLISH THE DIVISION ON AFFORDABLE HOUSING WITHIN THE OFFICE OF THE LIEUTENANT GOVERNOR WHICH SHALL BE SUPPORTED BY AN ADVISORY COMMISSION ON AFFORDABLE HOUSING WHICH SHALL BE COMPRISED OF INDIVIDUALS FROM A VARIETY OF DISCIPLINES WHO ARE TRAINED AND KNOWLEDGEABLE IN AFFORDABLE HOUSING NEEDS, AND TO PROVIDE FOR THE DUTIES AND FUNCTIONS OF BOTH ENTITIES.
AYES
McConnell Moore Ford Gregory Jackson Martin Mescher Rankin Elliott Hutto Anderson Hawkins Ritchie Knotts Malloy Cromer Sheheen Campsen Cleary Lourie Scott Williams
Bryant
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs polled out H. 3604 favorable:
H. 3604 (Word version) -- Reps. Cato, Barfield, Bailey, Ballentine, G. Brown, Chellis, Dantzler, Hamilton, Hayes, Jennings, Norman, Rice, J.E. Smith, Taylor, Young, Bingham, Clark, Huggins, Owens and Simrill: A BILL TO AMEND SECTION 40-45-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATING OR RESTRICTING RIGHTS OF PHYSICAL THERAPISTS TO PRACTICE WITHIN THE SCOPE OF THEIR STATUTORY AUTHORITY, SO AS TO ALSO PROVIDE THAT PROVISIONS OF THE PHYSICAL THERAPY PRACTICE ACT MAY NOT BE CONSTRUED TO PROHIBIT OR RESTRICT THE CONDUCT OF A PHYSICAL THERAPIST OR PHYSICAL THERAPIST ASSISTANT OTHERWISE AUTHORIZED BY THE PROVIDER SELF REFERRAL ACT.
AYES
Peeler Courson Hayes Jackson Short Fair Hutto Anderson Pinckney Verdin Cleary Scott
Moore Thomas Ritchie Malloy
Ordered for consideration tomorrow.
Columbia, S.C., May 25, 2006
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3665 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA BILL OF RIGHTS DAY" BY ADDING SECTION 53-3-166 SO TO ESTABLISH DECEMBER FIFTEENTH OF EACH YEAR AS BILL OF RIGHTS DAY, AND TO ENCOURAGE ALL GOVERNMENTAL BODIES TO OBSERVE THE ANNUAL BILL OF RIGHTS DAY IN A MANNER THAT EMPHASIZES THE DOCUMENT'S MEANING AND IMPORTANCE.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 25, 2006
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4316 (Word version) -- Reps. Harrell, Clark, Bailey, Hinson, Harrison, Altman, G.R. Smith, Cotty, Whipper, Taylor, Kirsh, M.A. Pitts, Coates, G.M. Smith, Moody-Lawrence, Toole, Brady, Littlejohn, Sandifer, Mahaffey, McLeod, Funderburk, R. Brown, Haley, Owens, Simrill, Neilson and Bales: A BILL TO AMEND SECTION 39-5-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRICE GOUGING DURING A DECLARED STATE OF EMERGENCY OR DISASTER, SO AS TO PROHIBIT THE ACTS ALSO UPON AN OUT-OF-STATE DECLARATION OF A STATE OF EMERGENCY OR DISASTER RESULTING IN ABNORMAL DISRUPTION OF THE MARKET IN CERTAIN COMMODITIES WHEN THIS STATE IS AFFECTED.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 25, 2006
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4312 (Word version) -- Reps. Merrill, Bailey, Altman, Coates, Brady, Mahaffey, Funderburk, Ballentine, J.E. Smith and Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3377 SO AS TO ALLOW A STATE INCOME TAX CREDIT EQUAL TO TWENTY PERCENT OF THE NEW QUALIFIED HYBRID MOTOR VEHICLE CREDIT ALLOWED AGAINST A TAXPAYER'S FEDERAL INCOME TAX LIABILITY.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 25, 2006
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4840 (Word version) -- Reps. Harrell, Cooper, Merrill, Ott, Haley, Funderburk, J.R. Smith, Limehouse, Davenport, Bales, Sinclair, Leach, Branham, Kirsh, Bannister, Battle, R. Brown, Cato, Ceips, Clark, Hosey, Littlejohn, Martin, Miller, Neilson, M.A. Pitts, Rivers, D.C. Smith, G.R. Smith, Vaughn, Mitchell, White, Brady and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "INDUSTRY PARTNERS ACT" BY ADDING SECTION 13-17-88, PROVIDING FOR A TARGET PROGRAM OF EXCELLENCE WITHIN EACH OF THE THREE SOUTH CAROLINA RESEARCH INNOVATION CENTERS AND TO FOCUS ON THE APPLICATION, DEVELOPMENT, AND COMMERCIALIZATION OF THE BASIC RESEARCH BEING UNDERTAKEN BY THE CENTERS, FOR FUNDING OF THE PROGRAMS WITH A VIEW TOWARD ATTRACTING INDUSTRY PARTNERS IN THEIR EFFORTS, FOR AN INDUSTRY PARTNERSHIP FUND OFFERING TAX CREDITS TO CONTRIBUTORS TOWARD THE EFFORTS, AND ADMINISTRATION AND IMPLEMENTATION BY THE SOUTH CAROLINA RESEARCH AUTHORITY; BY ADDING SECTION 12-6-3585 SO AS TO PROVIDE FOR THE PARAMETERS OF THE STATE INCOME TAX, INSURANCE PREMIUM TAX, OR LICENSE FEE CREDIT FOR CONTRIBUTIONS TO THE INDUSTRY PARTNERSHIP FUND; TO AMEND SECTION 13-17-40, AS AMENDED, RELATING TO MEMBERS OF THE BOARD OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO ADD THE DIRECTOR OF THE SAVANNAH RIVER NATIONAL LABORATORY TO THE BOARD AND TO PROVIDE FOR AN EXECUTIVE COMMITTEE AND DIRECTOR; TO AMEND SECTION 13-17-83, RELATING TO THE OPERATION OF EXISTING RESEARCH PARKS SO AS TO ALLOW, BUT NOT REQUIRE, THE STATE RESEARCH DIVISION TO OPERATE THEM; AND TO AMEND SECTION 13-17-87, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RESEARCH INNOVATION CENTERS, SO AS TO AUTHORIZE THE SCRIC TO FINANCE QUALIFIED COMPANIES, AND TO CLARIFY MATTERS OF LOCATION OF CENTERS AND APPOINTMENT OF DIRECTORS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 25, 2006
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4982 (Word version) -- Rep. G.M. Smith: A BILL TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL CARRYING OF A HANDGUN, SO AS TO INCLUDE IN THE EXCEPTIONS TO THE OFFENSE RESERVE POLICE OFFICERS OF A STATE AGENCY; AND TO AMEND SECTION 23-28-30, AS AMENDED, RELATING TO TRAINING COURSE REQUIREMENTS FOR RESERVE UNITS, SO AS TO PROVIDE THAT ADDITIONAL TRAINING MAY BE PRESCRIBED BY THE ENTITY HAVING A RESERVE UNIT UNDER CERTAIN CIRCUMSTANCES.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 25, 2006
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4595 (Word version) -- Reps. Cato, Walker, Jennings, Battle, Cobb-Hunter, Sandifer, Haley, Kennedy, Bales, Ballentine, Branham, Emory, Hayes, J. Hines, Littlejohn, Mahaffey, Miller, Neilson, Rivers, Sinclair, Umphlett, Vick and Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-35 SO AS TO PROHIBIT A PERSON FROM ENGAGING IN THE BUSINESS OF RESIDENTIAL HEATING AND AIR CONDITIONING CONTRACTING UNLESS LICENSED AS A RESIDENTIAL SPECIALTY CONTRACTOR; TO PROHIBIT PROVIDING A POTENTIAL BUYER A PROPOSAL FOR SALE OR INSTALLATION OF RESIDENTIAL HEATING AND AIR CONDITIONING, OTHER THAN A WRITTEN ESTIMATE, BEFORE THE SPECIFICATIONS FOR THE SYSTEM HAVE BEEN REVIEWED AND APPROVED BY A LICENSED EMPLOYEE OF THE RETAIL SELLER, OR THE RETAIL SELLER; TO FURTHER SPECIFY CONTRACT REQUIREMENTS FOR THE SALE AND INSTALLATION OF A HEATING AND AIR CONDITIONING SYSTEM; AND TO AUTHORIZE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO PROMULGATE REGULATIONS ESTABLISHING A CIVIL PENALTY FOR VIOLATIONS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
H. 3740 (Word version) -- Reps. McGee, Coates, M. Hines, Branham and J. Hines: A BILL TO AMEND ACT 239 OF 1981, AS AMENDED, RELATING TO THE ELECTION OF THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT NO. 1 IN FLORENCE COUNTY, SO AS TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH TRUSTEES ARE ELECTED; AND TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH THESE LINES OF THE ELECTION DISTRICTS FOR TRUSTEES ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
By prior motion of Senator WILLIAMS
The following House Bills were read the third time and ordered returned to the House with amendments:
H. 4622 (Word version) -- Reps. Walker, Cato, Harrell, Bingham, Leach, Loftis, Tripp, Cooper, White, Townsend, Bales, Battle and Dantzler: A BILL TO AMEND SECTION 38-77-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORM TO BE USED WHEN OPTIONAL AUTOMOBILE INSURANCE COVERAGES ARE OFFERED TO AN INSURED, SO AS TO PROVIDE THAT THE FORM MUST NOT NECESSARILY BE COMPLETED BY THE INSURED, BUT MUST BE SIGNED BY THE INSURED TO BE USED AS EVIDENCE OF INFORMED SELECTION.
H. 3996 (Word version) -- Reps. Cato, Chellis, Tripp, Scarborough and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING TITLE 38 TO PROVIDE THAT THE CREATION OF A PROTECTED CELL DOES NOT CREATE A LEGAL PERSON SEPARATE FROM A SPECIAL PURPOSE FINANCIAL CAPTIVE (SPFC), TO PROVIDE THAT SECURITIES ISSUED BY A SPFC PURSUANT TO INSURANCE SECURITIZATION MAY NOT BE CONSIDERED TO BE INSURANCE OR INSURANCE CONTRACTS, TO AMEND REPORTING REQUIREMENTS, TO CHANGE THE DATE FOR THE APPLICABILITY OF BENEFITS FOR SERVICES FURNISHED, TO ESTABLISH CODE REFERENCES FOR SELECTING A LICENSED ADMINISTRATOR INSTEAD OF AN ADMINISTERING INSURER, TO DEFINE ELIGIBILITY FOR COVERAGE FOR AN INDIVIDUAL UNDER THE AGE OF SIXTY-FIVE, TO PROVIDE MEDICARE SUPPLEMENTAL HEALTH INSURANCE COVERAGE TO AN INDIVIDUAL FOR REASONS OTHER THAN AGE, TO AUTHORIZE THE GOVERNING BOARD OF THE FACILITY TO DECLARE AN ASSESSMENT ON INSURERS, TO CHANGE THE COMPOSITION OF THE BOARD, TO AUTHORIZE THE DIRECTOR OF INSURANCE TO ISSUE A LICENSE TO A CAPTIVE INSURANCE COMPANY IF THE COMPANY MEETS CERTAIN CRITERIA, TO CLARIFY WHAT TAXES A CAPTIVE INSURANCE COMPANY MUST PAY, TO INCREASE FROM TEN TO TWENTY PERCENT THE AMOUNT OF FUNDS THE DEPARTMENT OF INSURANCE SHALL TRANSFER TO THE CAPTIVE INSURANCE REGULATORY AND SUPERVISION FUND, TO AMEND THE REQUIREMENTS OF A SPFC TO TRANSACT BUSINESS IN THIS STATE, TO CHANGE THE PROCEDURE FOR ESTABLISHING PROTECTED CELLS, TO REQUIRE A STATEMENT OF AN SPFC'S OPERATIONS BE FILED, TO AUTHORIZE THAT THE DIRECTOR SUSPEND OR REVOKE THE LICENSE OF A SPFC FOR FAILURE TO MEET CERTAIN PROVISIONS, TO INCREASE THE ABILITY OF THE DIRECTOR OF INSURANCE TO PETITION THE CIRCUIT COURT, TO MODIFY THE 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, TO DELAY THE REPEAL OF ARTICLE 5, CHAPTER 77, TITLE 38, FROM JANUARY 1, 2006 TO JANUARY 1, 2010, TO DELAY THE EFFECTIVE DATE OF SECTION 38-43-106(H) FROM MAY 1, 2006 TO MAY 1, 2010, AND TO CHANGE CODE REFERENCES.
(ABBREVIATED TITLE)
H. 4874 (Word version) -- Reps. Harrell, Merrill, Cotty, Ballentine, G. Brown, Duncan, Barfield, Haley, Bailey, Bales, Bannister, Battle, Bingham, Brady, Breeland, Cato, Ceips, Chalk, Chellis, Clemmons, Cooper, Dantzler, Delleney, Edge, Frye, Hardwick, Harrison, Haskins, Herbkersman, Hinson, Hodges, Huggins, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Mack, McGee, Miller, Norman, Ott, Perry, Pinson, E.H. Pitts, M.A. Pitts, Rhoad, Rice, Sandifer, Scarborough, Simrill, G.R. Smith, J.E. Smith, Talley, Thompson, Townsend, Tripp, Umphlett, Vick, Viers, Walker, White, Whitmire, Young, Lucas and Mitchell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE SOUTH CAROLINA ECONOMIC DEVELOPMENT INCENTIVE ACT, BY ADDING SECTION 12-6-3589 SO AS TO PROVIDE FOR A CREDIT AGAINST THE STATE CORPORATE INCOME TAX FOR COSTS INCURRED BY A MANUFACTURING FACILITY IN COMPLYING WITH WHOLE EFFLUENT TOXICITY TESTING, THE AMOUNT OF THE CREDIT, AND A TEN-YEAR CARRY FORWARD PERIOD, AND TO DEFINE "MANUFACTURING FACILITY"; BY ADDING SECTION 12-36-2140 SO AS TO PROVIDE FOR AN EXEMPTION FOR A MANUFACTURING PROPERTY FROM THE STATE SALES TAX ON NATURAL GAS ONCE THE PRICE OF NATURAL GAS EXCEEDS $6.50 FOR A DECATHERM; TO AMEND SECTION 12-6-2250, RELATING TO APPORTIONMENT OF INCOME FOR CERTAIN BUSINESSES, SO AS TO PROVIDE FOR THE CALCULATION OF APPORTIONED INCOME USING SALES FIGURES; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO INCLUDE A BANK AS A TAXPAYER WHO MAY QUALIFY FOR THE CREDIT; TO AMEND SECTION 12-6-3375, RELATING TO A TAX CREDIT AGAINST INCOME TAX FOR COMPANIES USING THE STATE'S PORT FACILITIES, SO AS TO PROVIDE FOR THE ALLOCATION OF THE TOTAL AMOUNT OF THE CREDITS ANNUALLY; TO AMEND SECTION 12-6-3410, AS AMENDED, RELATING TO THE INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO INCLUDE A BANK'S HEADQUARTERS AND TO REDEFINE "COMPANY BUSINESS UNIT"; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO THE JOB DEVELOPMENT TAX CREDIT, SO AS TO ALLOW FOR A REDUCTION AGAINST THE CREDIT FOR TAXES DUE AND TO INCLUDE CERTAIN EMPLOYEE RELOCATION EXPENSES AS QUALIFYING EXPENSES; TO AMEND SECTION 12-20-110, AS AMENDED, RELATING TO CERTAIN ENTITIES TO WHICH CORPORATION LICENSE FEES PROVISIONS DO NOT APPLY, SO AS TO INCLUDE A CERTIFIED COMMUNITY DEVELOPMENT ENTITY; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTION FROM THE STATE SALES TAX, SO AS TO EXEMPT CONSTRUCTION MATERIALS USED IN BUILDING A SINGLE MANUFACTURING AND DISTRIBUTION CENTER WITH CERTAIN MINIMUM INVESTMENTS; TO AMEND SECTIONS 12-44-130 AND 12-44-140, BOTH AS AMENDED, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES, SO AS TO CORRECT A CROSS REFERENCE; TO AMEND SECTION 4-12-30, AS AMENDED, RELATING TO QUALIFICATION OF AN INDUCEMENT LEASE AGREEMENT FOR THE FEE IN LIEU OF PROPERTY TAXES, SO AS TO REDUCE THE MINIMUM INVESTMENT REQUIREMENT AND TO DELETE CERTAIN INVESTMENTS FROM A FOUR PERCENT MINIMUM ASSESSMENT RATIO; AND TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO DELETE CERTAIN INVESTMENTS FROM A FOUR PERCENT MINIMUM ASSESSMENT RATIO AND TO REDUCE THE MINIMUM INVESTMENT REQUIREMENT.
H. 4348 (Word version) -- Reps. Walker, Hinson, McLeod, Limehouse, Bailey and Cobb-Hunter: A BILL TO AMEND CHAPTER 43, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, AMONG OTHER THINGS, TO THE DISPOSITION OF HUMAN BODIES, THE UNIFORM ANATOMICAL GIFT ACT, AND POSTMORTEM EXAMINATIONS, SO AS TO PROVIDE THAT AN EMBLEM MUST BE EMBEDDED ON A DRIVER'S LICENSE TO DESIGNATE THE LICENSEE AS AN ORGAN OR TISSUE DONOR; TO DELETE PROVISIONS SPECIFICALLY ADDRESSING EYE DONATION, WHICH IS INCLUDED IN PROVISIONS RELATING TO TISSUE DONATION AND PROCUREMENT; TO FURTHER SPECIFY THE CLASSES HAVING AUTHORITY TO CONSENT TO ORGAN AND TISSUE DONATION FOR A DECEDENT; TO CONFORM REFERENCES TO CURRENT FEDERAL LAW REGARDING ORGAN PROCUREMENT AGENCIES; TO PROVIDE THAT WHEN DEATH IS IMMINENT, OR HAS OCCURRED, NOTIFICATION OF THE ORGAN PROCUREMENT ORGANIZATION MUST BE MADE IN ACCORDANCE WITH FEDERAL AND STATE LAW; TO DELETE PROVISIONS REGARDING CERTAIN AGENCIES HAVING AUTHORITY TO RECEIVE CERTAIN ORGAN AND TISSUE DONATIONS; TO REVISE PROCEDURES FOR DEATH RECORD REVIEWERS; AND TO MAKE TECHNICAL CORRECTIONS.
Senator FAIR asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Bill was read the third time and ordered returned to the House.
H. 4307 (Word version) -- Rep. Stewart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-2645, SO AS TO INCORPORATE BY REFERENCE FOR PROPERTY TAX PURPOSES THE DEFINITION OF PRIVATE PASSENGER MOTOR VEHICLE USED IN THE MOTOR VEHICLE LICENSING AND REGISTRATION LAW, INCREASE THE WEIGHT LIMIT FOR PICKUP TRUCKS FOR PURPOSES OF THIS DEFINITION, AND INCLUDE MOTORCYCLES WITHIN THIS INCORPORATED DEFINITION.
By prior motion of Senator RYBERG, with unanimous consent
H. 4691 (Word version) -- Reps. Chellis, Young, Cotty, Ceips, Ott, Sandifer and Whitmire: A BILL TO AMEND SECTIONS 6-1-530 AND 6-1-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USES ALLOWED FOR THE REVENUES OF THE LOCAL ACCOMMODATIONS TAX, SO AS TO ALLOW A COUNTY IN WHICH LESS THAN NINE HUNDRED THOUSAND DOLLARS A YEAR IN STATE ACCOMMODATIONS TAX IS COLLECTED TO USE NOT MORE THAN FIFTY PERCENT OF THE PREVIOUS YEAR'S LOCAL ACCOMMODATIONS TAX REVENUES FOR THE OPERATIONS AND MAINTENANCE PURPOSES ALLOWED BY LAW IN COUNTIES MEETING THE NINE HUNDRED THOUSAND DOLLAR THRESHOLD.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Having voted on the prevailing side, Senator LEVENTIS moved to reconsider the vote whereby the amendment (LEV.1) proposed by Senator LEVENTIS was adopted on Tuesday, May 23, 2006.
There was no objection and the motion to reconsider was adopted.
The question then was the adoption of the amendment.
On motion of Senator LEVENTIS, with unanimous consent, the amendment was laid on the table.
There being no further amendments, the Bill was read the third time and ordered enrolled for Ratification.
The following Joint Resolution was read the third time and ordered sent to the House of Representatives:
S. 1438 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO EMERGENCY MEDICAL SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3000, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bills and Joint Resolution, having been read the second time, were ordered placed on the Third Reading Calendar:
H. 3085 (Word version) -- Reps. Harrison, Kirsh, E.H. Pitts, Hinson, Mahaffey, Umphlett, McLeod, Jennings and Altman: A BILL TO AMEND SECTION 16-13-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCIAL IDENTITY FRAUD, SO AS TO ADD THAT IT IS UNLAWFUL TO USE IDENTIFYING INFORMATION OF ANOTHER PERSON FOR THE PURPOSE OF OBTAINING EMPLOYMENT.
S. 1448 (Word version) -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO THE HIGHWAY ADVERTISING CONTROL ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 3059, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4662 (Word version) -- Reps. White, Cooper, Leach, Martin, Sandifer and Skelton: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO REALLOCATE AND RENAME BOND AUTHORIZATIONS FOR CLEMSON UNIVERSITY.
H. 4889 (Word version) -- Reps. Bingham, Perry, Bales, G. Brown, Cato, Chellis, Dantzler, Ott, Sandifer, J.E. Smith, Thompson and Tripp: A BILL TO AMEND SECTION 56-10-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM DURATION OF INSURANCE ISSUED TO MEET MOTOR VEHICLE FINANCIAL RESPONSIBILITY REQUIREMENTS, SO AS TO AUTHORIZE THE CANCELLATION OF A CONTRACT OR INSURANCE POLICY IF THE INSURED FAILS TO PAY THE PREMIUM FOR THE POLICY OR AN INSTALLMENT OF THE PREMIUM WHEN IT IS DUE.
On motion of Senator MALLOY, with unanimous consent, H. 4889 was ordered to receive a third reading on Friday, May 26, 2006.
H. 5001 (Word version) -- Reps. Harrell, Hinson, Limehouse, Scarborough, Merrill, Whipper, Breeland, Mack, Young, Chellis, R. Brown and Hagood: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-450 SO AS TO PROVIDE FOR A "MAIN CAMPUS" AND AN "ENTERPRISE CAMPUS" AT TRIDENT TECHNICAL COLLEGE; BY DESIGNATING SECTIONS 59-53-410 THROUGH 59-53-450, RELATING TO THE TRIDENT TECHNICAL COLLEGE, AS SUBARTICLE 1 AND ENTITLED "GENERAL PROVISIONS" OF ARTICLE 5, CHAPTER 53, TITLE 59; AND BY ADDING SUBARTICLE 3 TO ARTICLE 5, CHAPTER 53, TITLE 59 SO AS TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION FOR PURPOSES OF THE FURTHER DEVELOPMENT OF THE MAIN CAMPUS, TO PROVIDE FOR THE CREATION OF THE TRIDENT TECHNICAL COLLEGE ENTERPRISE CAMPUS AUTHORITY, AND TO PROVIDE FOR ITS POWERS AND DUTIES.
Senator COURSON explained the Bill.
H. 4758 (Word version) -- Rep. G. Brown: A BILL TO ENACT THE "SCHOOL DISTRICT OF LEE COUNTY SCHOOL BOND PROPERTY TAX RELIEF ACT" WHICH AUTHORIZES THE IMPOSITION OF A ONE PERCENT SALES AND USE TAX WITHIN LEE COUNTY FOR NOT MORE THAN FIVE YEARS TO PAY DEBT SERVICE ON OR OTHERWISE DEFRAY THE COST OF CAPITAL IMPROVEMENTS MADE BY THE SCHOOL DISTRICT OF LEE COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED BY ORDINANCE OF THE LEE COUNTY COUNCIL, TO PROVIDE FOR THE IMPOSITION, ADMINISTRATION, COLLECTION, AND ENFORCEMENT OF THIS TAX, AND TO EXEMPT FROM THE TAX FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS.
H. 4687 (Word version) -- Reps. Cotty and Harrison: A BILL TO AMEND SECTION 20-7-6840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMUNITY SERVICES PROVIDED BY THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT INTENSIVE SUPERVISION SERVICES ARE AMONG THE COMMUNITY-BASED PROGRAMS THE DEPARTMENT PROVIDES; AND TO SPECIFY THOSE JUVENILES WHO MUST BE ASSIGNED TO INTENSIVE SUPERVISION SERVICES AND TO FURTHER PROVIDE FOR THE SCOPE AND DELIVERY OF THESE SERVICES.
H. 5143 (Word version) -- Reps. McGee, Coates, Branham and J. Hines: A BILL TO AMEND ACT 239 OF 1981, AS AMENDED, RELATING TO THE FLORENCE COUNTY SCHOOL DISTRICT NO. 1 BOARD OF TRUSTEES, SO AS TO PROVIDE THAT MEMBERS OF THE BOARD OF TRUSTEES OF FLORENCE SCHOOL DISTRICT NO. 1 ELECTED FROM SEATS 3, 6, AND 9 AT THE MAY 2006 ELECTION SHALL SERVE FOR TERMS TO EXPIRE ON DECEMBER 31, 2010, AFTER THEIR SUCCESSORS ELECTED AT THE NOVEMBER 2010 ELECTION QUALIFY AND TAKE OFFICE.
On motion of Senator WILLIAMS, H. 5143 was ordered to receive a third reading on Friday, May 26, 2006.
H. 4773 (Word version) -- Reps. Sinclair, Rivers, Harrison, G.M. Smith, Davenport, Mitchell, McLeod, Allen, Delleney, Mahaffey, McGee, W.D. Smith, Talley and White: A BILL TO AMEND SECTION 62-5-504, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH A HEALTH CARE POWER OF ATTORNEY, SO AS TO CONFORM THE SOUTH CAROLINA STATUTORY FORM FOR THE HEALTH CARE POWER OF ATTORNEY TO PROVIDE FURTHER FOR A SUCCESSOR AGENT, TO INCLUDE A HIPAA (HEALTH INFORMATION PORTABILITY AND ACCOUNTABILITY ACT OF 1996) AUTHORIZATION, TO CLARIFY DESIGNATION CHOICES IN CONNECTION WITH TUBE FEEDING, AND TO PROVIDE FOR AN OPTIONAL ACKNOWLEDGEMENT BY A NOTARY PUBLIC.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD4773.002), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 62-5-504(D) of the 1976 Code is amended to read:
"(D) A health care power of attorney executed on or after January 1, 2007 must be substantially in the following form:
INFORMATION ABOUT THIS DOCUMENT
THIS IS AN IMPORTANT LEGAL DOCUMENT. BEFORE SIGNING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS:
1. THIS DOCUMENT GIVES THE PERSON YOU NAME AS YOUR AGENT THE POWER TO MAKE HEALTH CARE DECISIONS FOR YOU IF YOU CANNOT MAKE THE DECISION FOR YOURSELF. THIS POWER INCLUDES THE POWER TO MAKE DECISIONS ABOUT LIFE-SUSTAINING TREATMENT. UNLESS YOU STATE OTHERWISE, YOUR AGENT WILL HAVE THE SAME AUTHORITY TO MAKE DECISIONS ABOUT YOUR HEALTH CARE AS YOU WOULD HAVE.
2. THIS POWER IS SUBJECT TO ANY LIMITATIONS OR STATEMENTS OF YOUR DESIRES THAT YOU INCLUDE IN THIS DOCUMENT. YOU MAY STATE IN THIS DOCUMENT ANY TREATMENT YOU DO NOT DESIRE OR TREATMENT YOU WANT TO BE SURE YOU RECEIVE. YOUR AGENT WILL BE OBLIGATED TO FOLLOW YOUR INSTRUCTIONS WHEN MAKING DECISIONS ON YOUR BEHALF. YOU MAY ATTACH ADDITIONAL PAGES IF YOU NEED MORE SPACE TO COMPLETE THE STATEMENT.
3. AFTER YOU HAVE SIGNED THIS DOCUMENT, YOU HAVE THE RIGHT TO MAKE HEALTH CARE DECISIONS FOR YOURSELF IF YOU ARE MENTALLY COMPETENT TO DO SO. AFTER YOU HAVE SIGNED THIS DOCUMENT, NO TREATMENT MAY BE GIVEN TO YOU OR STOPPED OVER YOUR OBJECTION IF YOU ARE MENTALLY COMPETENT TO MAKE THAT DECISION.
4. YOU HAVE THE RIGHT TO REVOKE THIS DOCUMENT, AND TERMINATE YOUR AGENT'S AUTHORITY, BY INFORMING EITHER YOUR AGENT OR YOUR HEALTH CARE PROVIDER ORALLY OR IN WRITING.
5. IF THERE IS ANYTHING IN THIS DOCUMENT THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A SOCIAL WORKER, LAWYER, OR OTHER PERSON TO EXPLAIN IT TO YOU.
6. THIS POWER OF ATTORNEY WILL NOT BE VALID UNLESS TWO PERSONS SIGN AS WITNESSES. EACH OF THESE PERSONS MUST EITHER WITNESS YOUR SIGNING OF THE POWER OF ATTORNEY OR WITNESS YOUR ACKNOWLEDGMENT THAT THE SIGNATURE ON THE POWER OF ATTORNEY IS YOURS.
THE FOLLOWING PERSONS MAY NOT ACT AS WITNESSES:
A. YOUR SPOUSE, YOUR CHILDREN, GRANDCHILDREN, AND OTHER LINEAL DESCENDANTS; YOUR PARENTS, GRANDPARENTS, AND OTHER LINEAL ANCESTORS; YOUR SIBLINGS AND THEIR LINEAL DESCENDANTS; OR A SPOUSE OF ANY OF THESE PERSONS.
B. A PERSON WHO IS DIRECTLY FINANCIALLY RESPONSIBLE FOR YOUR MEDICAL CARE.
C. A PERSON WHO IS NAMED IN YOUR WILL, OR, IF YOU HAVE NO WILL, WHO WOULD INHERIT YOUR PROPERTY BY INTESTATE SUCCESSION.
D. A BENEFICIARY OF A LIFE INSURANCE POLICY ON YOUR LIFE.
E. THE PERSONS NAMED IN THE HEALTH CARE POWER OF ATTORNEY AS YOUR AGENT OR SUCCESSOR AGENT.
F. YOUR PHYSICIAN OR AN EMPLOYEE OF YOUR PHYSICIAN.
G. ANY PERSON WHO WOULD HAVE A CLAIM AGAINST ANY PORTION OF YOUR ESTATE (PERSONS TO WHOM YOU OWE MONEY).
IF YOU ARE A PATIENT IN A HEALTH FACILITY, NO MORE THAN ONE WITNESS MAY BE AN EMPLOYEE OF THAT FACILITY.
7. YOUR AGENT MUST BE A PERSON WHO IS 18 YEARS OLD OR OLDER AND OF SOUND MIND. IT MAY NOT BE YOUR DOCTOR OR ANY OTHER HEALTH CARE PROVIDER THAT IS NOW PROVIDING YOU WITH TREATMENT; OR AN EMPLOYEE OF YOUR DOCTOR OR PROVIDER; OR A SPOUSE OF THE DOCTOR, PROVIDER, OR EMPLOYEE; UNLESS THE PERSON IS A RELATIVE OF YOURS.
8. YOU SHOULD INFORM THE PERSON THAT YOU WANT HIM OR HER TO BE YOUR HEALTH CARE AGENT. YOU SHOULD DISCUSS THIS DOCUMENT WITH YOUR AGENT AND YOUR PHYSICIAN AND GIVE EACH A SIGNED COPY. IF YOU ARE IN A HEALTH CARE FACILITY OR A NURSING CARE FACILITY, A COPY OF THIS DOCUMENT SHOULD BE INCLUDED IN YOUR MEDICAL RECORD.
(S.C. STATUTORY FORM)
1. DESIGNATION OF HEALTH CARE AGENT
I, __________, hereby appoint:
(Principal)
(Agent) (Agent's Name)
(Address) (Agent's Address)
Home Telephone: Home: _________ Work Telephone: __________ Mobile: as my agent to make health care decisions for me as authorized in this document.
Successor Agent: If an agent named by me dies, becomes legally disabled, resigns, refuses to act, becomes unavailable, or if an agent who is my spouse is divorced or separated from me, I name the following as successors to my agent, each to act alone and successively, in the order named:
a. First Alternate Agent:
Address:
Telephone: home: work:
mobile:
b. Second Alternate Agent:
Address:
Telephone: home: work:
mobile:
Unavailability of Agent(s): If at any relevant time the agent or successor agents named here are unable or unwilling to make decisions concerning my health care, and those decisions are to be made by a guardian, by the Probate Court, or by a surrogate pursuant to the Adult Health Care Consent Act, it is my intention that the guardian, Probate Court, or surrogate make those decisions in accordance with my directions as stated in this document.
2. EFFECTIVE DATE AND DURABILITY
By this document I intend to create a durable power of attorney effective upon, and only during, any period of mental incompetence, except as provided in Paragraph 3 below.
3. HIPAA AUTHORIZATION
When considering or making health care decisions for me, all individually identifiable health information and medical records shall be released without restriction to my health care agent(s) and/or my alternate health care agent(s) named above including, but not limited to, (i) diagnostic, treatment, other health care, and related insurance and financial records and information associated with any past, present, or future physical or mental health condition including, but not limited to, diagnosis or treatment of HIV/AIDS, sexually transmitted disease(s), mental illness, and/or drug or alcohol abuse and (ii) any written opinion relating to my health that such health care agent(s) and/or alternate health care agent(s) may have requested. Without limiting the generality of the foregoing, this release authority applies to all health information and medical records governed by the Health Information Portability and Accountability Act of 1996 (HIPAA), 42 USC 1320d and 45 CFR 160-164; is effective whether or not I am mentally competent; has no expiration date; and shall terminate only in the event that I revoke the authority in writing and deliver it to my health care provider.
3. 4. AGENT'S POWERS
I grant to my agent full authority to make decisions for me regarding my health care. In exercising this authority, my agent shall follow my desires as stated in this document or otherwise expressed by me or known to my agent. In making any decision, my agent shall attempt to discuss the proposed decision with me to determine my desires if I am able to communicate in any way. If my agent cannot determine the choice I would want made, then my agent shall make a choice for me based upon what my agent believes to be in my best interests. My agent's authority to interpret my desires is intended to be as broad as possible, except for any limitations I may state below.
Accordingly, unless specifically limited by Section E, the provisions specified below, my agent is authorized as follows:
A. To consent, refuse, or withdraw consent to any and all types of medical care, treatment, surgical procedures, diagnostic procedures, medication, and the use of mechanical or other procedures that affect any bodily function, including, but not limited to, artificial respiration, nutritional support and hydration, and cardiopulmonary resuscitation;
B. To authorize, or refuse to authorize, any medication or procedure intended to relieve pain, even though such use may lead to physical damage, addiction, or hasten the moment of, but not intentionally cause, my death;
C. To authorize my admission to or discharge, even against medical advice, from any hospital, nursing care facility, or similar facility or service;
D. To take any other action necessary to making, documenting, and assuring implementation of decisions concerning my health care, including, but not limited to, granting any waiver or release from liability required by any hospital, physician, nursing care provider, or other health care provider; signing any documents relating to refusals of treatment or the leaving of a facility against medical advice, and pursuing any legal action in my name, and at the expense of my estate to force compliance with my wishes as determined by my agent, or to seek actual or punitive damages for the failure to comply.
E. The powers granted above do not include the following powers or are subject to the following rules or limitations:
4. 5. ORGAN DONATION (INITIAL ONLY ONE)
My agent may ___; may not ___ consent to the donation of all or any of my tissue or organs for purposes of transplantation.
5. 6. EFFECT ON DECLARATION OF A DESIRE FOR A NATURAL DEATH (LIVING WILL)
I understand that if I have a valid Declaration of a Desire for a Natural Death, the instructions contained in the Declaration will be given effect in any situation to which they are applicable. My agent will have authority to make decisions concerning my health care only in situations to which the Declaration does not apply.
6. 7. STATEMENT OF DESIRES AND SPECIAL PROVISIONS CONCERNING LIFE-SUSTAINING TREATMENT
With respect to any Life-Sustaining Treatment, I direct the following:
(INITIAL ONLY ONE OF THE FOLLOWING 4 PARAGRAPHS)
(1) ___ GRANT OF DISCRETION TO AGENT. I do not want my life to be prolonged nor do I want life-sustaining treatment to be provided or continued if my agent believes the burdens of the treatment outweigh the expected benefits. I want my agent to consider the relief of suffering, my personal beliefs, the expense involved and the quality as well as the possible extension of my life in making decisions concerning life-sustaining treatment.
OR
(2) ___ DIRECTIVE TO WITHHOLD OR WITHDRAW TREATMENT. I do not want my life to be prolonged and I do not want life-sustaining treatment:
a. if I have a condition that is incurable or irreversible and, without the administration of life-sustaining procedures, expected to result in death within a relatively short period of time; or
b. if I am in a state of permanent unconsciousness.
OR
(3) ___ DIRECTIVE FOR MAXIMUM TREATMENT. I want my life to be prolonged to the greatest extent possible, within the standards of accepted medical practice, without regard to my condition, the chances I have for recovery, or the cost of the procedures.
OR
(4) ___ DIRECTIVE IN MY OWN WORDS:
_______________________________________________________
_______________________________________________________
7. 8. STATEMENT OF DESIRES REGARDING TUBE FEEDING
With respect to Nutrition and Hydration provided by means of a nasogastric tube or tube into the stomach, intestines, or veins, I wish to make clear that in situations where life sustaining treatment is being withheld or withdrawn pursuant to Item 7, (INITIAL ONLY ONE) OF THE FOLLOWING FOUR PARAGRAPHS):
___ I do not want to receive these forms of artificial nutrition and hydration, and they may be withheld or withdrawn under the conditions given above.
___ I do want to receive these forms of artificial nutrition and hydration.
(a) GRANT OF DISCRETION TO AGENT. I do not want my life to be prolonged by tube feeding if my agent believes the burdens of tube feeding outweigh the expected benefits. I want my agent to consider the relief of suffering, my personal beliefs, the expense involved, and the quality as well as the possible extension of my life in making this decision.
(b) DIRECTIVE TO WITHHOLD OR WITHDRAW TUBE FEEDING. I do not want my life prolonged by tube feeding.
(c) DIRECTIVE FOR PROVISION OF TUBE FEEDING. I want tube feeding to be provided within the standards of accepted medical practice, without regard to my condition, the chances I have for recovery, or the cost of the procedure, and without regard to whether other forms of life-sustaining treatment are being withheld or withdrawn.
IF YOU DO NOT INITIAL EITHER ANY OF THE ABOVE STATEMENTS IN ITEM 8, YOUR AGENT WILL NOT HAVE AUTHORITY TO DIRECT THAT NUTRITION AND HYDRATION NECESSARY FOR COMFORT CARE OR ALLEVIATION OF PAIN BE WITHDRAWN.
8. SUCCESSORS
If an agent named by me dies, becomes legally disabled, resigns, refuses to act, becomes unavailable, or if an agent who is my spouse is divorced or separated from me, I name the following as successors to my agent, each to act alone and successively, in the order named.
A. First Alternate Agent: ___
Address: ___
Telephone: ___
B. Second Alternate Agent: ___
Address: ___
Telephone: ___
9. ADMINISTRATIVE PROVISIONS
A. I revoke any prior Health Care Power of Attorney and any provisions relating to health care of any other prior power of attorney.
B. This power of attorney is intended to be valid in any jurisdiction in which it is presented.
10. UNAVAILABILITY OF AGENT
If at any relevant time the Agent or Successor Agents named herein are unable or unwilling to make decisions concerning my health care, and those decisions are to be made by a guardian, by the Probate Court, or by a surrogate pursuant to the Adult Health Care Consent Act, it is my intention that the guardian, Probate Court, or surrogate make those decisions in accordance with my directions as stated in this document.
BY SIGNING HERE I INDICATE THAT I UNDERSTAND THE CONTENTS OF THIS DOCUMENT AND THE EFFECT OF THIS GRANT OF POWERS TO MY AGENT.
I sign my name to this Health Care Power of Attorney on this ___ day of ___, 19 20 __. My current home address is: ____________________________________________________
Principal's Signature:
Print Name of Principal:
I declare, on the basis of information and belief, that the person who signed or acknowledged this document (the principal) is personally known to me, that he/she signed or acknowledged this Health Care Power of Attorney in my presence, and that he/she appears to be of sound mind and under no duress, fraud, or undue influence. I am not related to the principal by blood, marriage, or adoption, either as a spouse, a lineal ancestor, descendant of the parents of the principal, or spouse of any of them. I am not directly financially responsible for the principal's medical care. I am not entitled to any portion of the principal's estate upon his decease, whether under any will or as an heir by intestate succession, nor am I the beneficiary of an insurance policy on the principal's life, nor do I have a claim against the principal's estate as of this time. I am not the principal's attending physician, nor an employee of the attending physician. No more than one witness is an employee of a health facility in which the principal is a patient. I am not appointed as Health Care Agent or Successor Health Care Agent by this document.
Witness No. 1
Signature:_____________________________ Date:___________
Print Name: _________________________ Telephone: ________
Residence Address: _________________ _________________
_____________________________________________________
Witness No. 2
Signature:_____________________________ Date: ___________
Print Name:___________________________ Telephone:_______
Residence Address: _____________________________________
_____________________________________________________
(This portion of the document is optional and is not required to create a valid health care power of attorney.)
STATE OF SOUTH CAROLINA
COUNTY OF
The foregoing instrument was acknowledged before me by Principal on , 20 .
Notary Public for South Carolina
My Commission Expires: "
SECTION 2. This act takes effect upon approval by the Governor and applies to a health care power of attorney executed after that date./
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the committee amendment.
The committee amendment was adopted.
Senator HUTTO proposed the following amendment (JUD4773.004), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read as follows:
/ SECTION ___. Section 62-7-405 of the 1976 Code is amended to read:
"Section 62-7-405. (a) A charitable trust may be created for the relief of distress or poverty, the advancement of education or religion, the promotion of health, scientific, literary, benevolent, governmental or municipal purposes, or other purposes, the achievement of which purposes is beneficial to the community.
(b) If the terms of a charitable trust do not indicate a particular charitable purpose or beneficiary, the court may select one or more charitable purposes or beneficiaries. The selection must be consistent with the settlor's intention to the extent it can be ascertained.
(c) The settlor of a charitable trust, the trustee, and the Attorney General, among others may maintain a proceeding to enforce the trust.
(d) Unless excepted otherwise required by statute or by rule or regulation of the Attorney General, the trustees of charitable trusts in existence on the effective date of this article, or thereafter created, under the laws of this State, shall file a certified copy of the trust instrument with the Attorney General within ninety days after such date or within sixty days after the creation of the trust, whichever is later shall not be required to file with the Attorney General any copies of trusts instruments or reports concerning the activities of charitable trusts.
(e) The Attorney General may make such rules and regulations relating to the information to be contained with the filing of a trust as may be required by this part.
(f) All trustees of any trust governed by the laws of this State whose governing instrument does not expressly provide that this section shall not apply to such trust are required to act or to refrain from acting so as not to subject the trust to the taxes imposed by Sections 4941, 4942, 4943, 4944, or 4945 of the Internal Revenue Code, or corresponding provisions of any subsequent United States internal revenue law.
(g) Nothing contained in Sections 33-31-150 and 33-31-151 may be construed to cause a forfeiture or reversion of any of the property of a trust which is subject to such sections, or to make the purposes of the trust impossible of accomplishment." /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO 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. 4707 (Word version) -- Reps. Govan, Scott, Hosey, Moody-Lawrence, Whipper, Clark, Howard, Mack, Vick, Allen, Battle, Bowers, Brady, Branham, Cato, Ceips, Clemmons, Clyburn, Funderburk, Haskins, Hodges, Jefferson, McLeod, Ott, Perry, Rice, Scarborough, Sinclair, G.M. Smith, J.E. Smith and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-29-440 THROUGH 59-29-570 SO AS TO ENACT THE "SOUTH CAROLINA FINANCIAL LITERACY TRUST ACT", WHICH IS AN INITIATIVE FOR IMPROVING FINANCIAL LITERACY BY PROVIDING GRANTS TO SCHOOL DISTRICTS TO PROVIDE FINANCIAL LITERACY INSTRUCTION FOR STUDENTS IN KINDERGARTEN THROUGH TWELFTH GRADE; TO ESTABLISH GOALS FOR THIS INITIATIVE; TO ESTABLISH THE SOUTH CAROLINA FINANCIAL LITERACY BOARD OF TRUSTEES, TO PROVIDE THAT IT SHALL OVERSEE THE FINANCIAL LITERACY TRUST, AND TO ESTABLISH THE PURPOSES OF THE BOARD AND ITS COMPOSITION, FUNCTIONS, AND DUTIES; TO PROVIDE FOR TWO SEPARATE FUNDS TO ACCEPT PUBLIC AND PRIVATE MONIES AND MONIES APPROPRIATED BY THE GENERAL ASSEMBLY; TO PROVIDE FOR THE FUNCTIONS AND DUTIES OF THE OFFICE IMPLEMENTING AND OPERATING THE INITIATIVE; AND TO PROVIDE THE PROCEDURE FOR APPLYING FOR A GRANT, ESTABLISH FISCAL GUIDELINES, AND EVALUATION REQUIREMENTS; TO AMEND SECTION 12-6-5060, AS AMENDED, RELATING TO DESIGNATING CONTRIBUTIONS TO CERTAIN CHARITABLE FUNDS THROUGH INDIVIDUAL INCOME TAX RETURNS, SO AS TO AUTHORIZE CONTRIBUTIONS TO THE FINANCIAL LITERACY TRUST; AND TO REPEAL SECTIONS 59-29-420 AND 59-29-425, BOTH RELATING TO A FINANCIAL LITERACY FUND.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Education proposed the following amendment (GGS\22581SJ06), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. This act may be cited as the "Financial Literacy Trust Act".
SECTION 2. Article 3, Chapter 29, Title 59 of the 1976 Code is amended by adding:
"Section 59-29-440. There is established the South Carolina Financial Literacy Initiative, a comprehensive, results-oriented program for improving financial literacy by providing public and private funds for teachers and schools to provide high-quality financial literacy education for students in kindergarten through twelfth grade.
Section 59-29-450. The purpose of the Financial Literacy Initiative is to develop, promote, and assist efforts of agencies, private providers, and public and private organizations and entities, at the state level, to collaborate and cooperate in order to focus and intensify services, assure the most efficient use of all available resources, and eliminate duplication of efforts to serve the financial literacy needs of students, teachers, and schools. The South Carolina Financial Literacy Board of Trustees shall assure that collaboration and the sharing and maximizing of resources are occurring before funding for the grants, as provided for in this chapter, is made available.
Section 59-29-460. The goals for the South Carolina Financial Literacy Initiative are to:
(1) provide students in kindergarten through twelfth grade with tools they will need in the real world to manage their finances;
(2) increase comprehensive services so students have reduced risk for financial failure after high school; and
(3) promote high quality programs that provide instruction on pertinent financial literacy issues pursuant to Section 59-29-410.
Section 59-29-470. (A) There is established the South Carolina Financial Literacy Board of Trustees, an eleemosynary corporation, which shall oversee the South Carolina Financial Literacy Initiative, a broad range of innovative financial literacy services to meet critical needs of South Carolina's students in kindergarten through twelfth grade through the awarding of grants to school districts as provided for in Section 59-29-530.
(B) The board may accept gifts, bequests, and grants from a person or foundation. The trust and grants from the trust shall supplement and augment, but not take the place of, services provided by local, state, or federal agencies. The board of trustees shall carry out activities necessary to administer the trust including assessing service needs and gaps, soliciting proposals to address identified service needs, and establishing criteria for the awarding of grants.
Section 59-29-480. (A) The South Carolina Financial Literacy Board of Trustees must be chaired by the State Superintendent of Education who shall serve as an ex officio voting member of the board. The board is composed of the eight voting members to be appointed by the Superintendent of Education. Initial appointments must be made by the Superintendent of Education with members representing areas of financial literacy instruction. Subsequent appointments must be made by the Superintendent of Education from a slate presented by the sitting members of the board.
(B) The terms of the members are for four years and until their successors are appointed and qualify, except of those first appointed. When making the initial appointments, the Superintendent of Education shall designate half of his appointments to serve two-year terms only.
(C) Vacancies for any reason must be filled in the manner of the original appointment for the unexpired term. No member shall serve more than two terms or eight years, whichever is longer. Members who miss more than three consecutive meetings without excuse or members who resign must be replaced in the same manner as their predecessor. Members may be paid per diem, mileage, and subsistence as established by the board not to exceed standards provided by law for boards, committees, and commissions. A complete report of the activities of the Financial Literacy Board of Trustees must be made annually to the General Assembly and the State Auditor.
Section 59-29-490. To carry out its assigned functions, the board is authorized, but not limited to:
(1) develop a comprehensive long-range initiative for improving the financial literacy of students in kindergarten through twelfth grade;
(2) promulgate regulations, establish guidelines, policies, and procedures for implementation of the South Carolina Financial Literacy Initiative;
(3) provide oversight on the implementation of the South Carolina Financial Literacy Initiative at the state and school district levels;
(4) establish criteria and procedures for awarding grants from the Financial Literacy Trust;
(5) create an annual revision of school district needs assessments and identify assets from other funding sources;
(6) assess and develop recommendations for increasing the efficiency and effectiveness of financial literacy programs and funding and other programs and funding sources, as allowable, as necessary to carry out the Financial Literacy Initiative, including additional fiscal strategies, redeployment of state resources, and development of new programs;
(7) establish results-oriented measures and objectives and assess whether services provided are meeting the goals and achieving the results established for the Financial Literacy Initiative;
(8) receive gifts, bequests, and devises for deposit in the Financial Literacy Trust; and
(9) report annually to the General Assembly by January first on activities and progress to include recommendations for changes and legislative initiatives and results of program evaluations.
Section 59-29-500. The South Carolina Financial Literacy Board of Trustees may employ, by a majority vote, a director of the Financial Literacy Office and other staff as necessary to carry out the South Carolina Financial Literacy Initiative and other duties and responsibilities as assigned by the board. The director, with the approval of the board, may hire staff necessary to carry out the provisions of the initiative.
Section 59-29-510. (A) No state funds may be used to support or operate the Financial Literacy Initiative. This prohibition does not prevent the Department of Education from housing the offices of the Financial Literacy Initiative. A separate fund must be established to accept nongovernmental grants, gifts, and donations from a public or private source for the South Carolina Financial Literacy Trust. All funds may be carried forward from fiscal year to fiscal year. The State Treasurer shall invest the monies in the Financial Literacy Trust in the same manner as other funds under his control are invested and all interest derived from the investment of these funds shall remain in the trust. The South Carolina Financial Literacy Board of Trustees shall administer and authorize any disbursements from the trust. Private individuals and groups shall be encouraged to contribute to this endeavor.
(B) All interest derived from the investment of the funds in subsection (A) shall remain a part of the trust.
Section 59-29-520. Within the Department of Education, an Office of South Carolina Financial Literacy is established. The office shall:
(1) provide to the board information on best practice, successful strategies, model programs, and financing mechanisms;
(2) provide technical assistance and recommendations regarding grant proposals and improvement in meeting goals;
(3) recommend to the board the applicants meeting the criteria for Financial Literacy grants to be awarded;
(4) submit an annual report to the board by December first, which includes, but is not limited to, the statewide needs and resources available to meet the goals and purposes of the Financial Literacy Initiative, the ongoing progress and results of the Financial Literacy Initiative, fiscal information on the expenditure of funds, and recommendations and legislative proposals to further implement the South Carolina Financial Literacy Initiative;
(5) provide for on-going data collection and contract for an in-depth performance audit due January 1, 2010, and every three years thereafter, to ensure that statewide goals and requirements of the Financial Literacy Initiative are being met; and
(6) coordinate the Financial Literacy Initiative with all other state, federal, and local public and private efforts to promote and improve financial literacy.
Section 59-29-530. (A) To obtain a grant, a school district shall submit an application to the Financial Literacy Office in a format specified by the Financial Literacy Board of Trustees. The application shall include, as appropriate to the level of grant applied for, the level of funding requested, a description of needs of the school, assets and resources available, and the proposed strategies to address needs as they relate to the goals of the Financial Literacy Initiative.
(B) The allocations for the grants must take into consideration the quality of the grant proposal; the percentage of students who are eligible for the free and reduced price lunch program; and average per capita income. The criteria also must take into account the standing of the geographical area in relation to the statewide Kids Count indicators.
Section 59-29-540. Grants provided to school districts must be used to address the financial literacy needs of students in kindergarten through twelfth grade. Grant funds may not supplant current expenditures by counties or state agencies for financial literacy, and may not be used where other state or federal funding sources are available or could be made available. In awarding grants, every effort must be made to ensure that all geographic areas of the State are represented.
Section 59-29-550. To ensure effective use of funds and with the approval of the Financial Literacy Office, awards may be carried forward and used in the following fiscal year. Funds appropriated to the Financial Literacy Trust also may be carried forward into subsequent years.
Section 59-29-560. (A) Schools shall demonstrate to the Financial Literacy Office the accountability of funds distributed pursuant to this chapter.
(B) Disbursements may be made only on the written authorization of the individual designated by the school district and only for the purposes specified. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined five thousand dollars or imprisoned for six months, or both.
(C) The offenses of misuse, misappropriation, and embezzlement of public funds, apply to this chapter.
Section 59-29-570. (A) The Financial Literacy Board of Trustees shall establish internal evaluation policies and procedures for an annual review of the implementation of strategies and progress toward the interim goals and benchmarks. In instances where no progress has been made, the Financial Literacy Board shall provide targeted assistance or the board may terminate the grant. In addition, a program evaluation of the Financial Literacy Initiatives at the state and local levels must be conducted every three years by an independent, external evaluator under contract with the Financial Literacy Board of Trustees. However, the selected evaluator must be approved, and the evaluation overseen, by a committee consisting of three members, one appointed by the Financial Literacy Board, one appointed by the Chairman of the Senate Education Committee, and one appointed by the Chairman of the House Education and Public Works Committee. These committee members must be professionally recognized as proficient in accounting, finance, banking, tax, insurance, or a closely related field. The first report must be provided no later than January 1, 2010.
(B) Grantees shall agree to participate in an evaluation in order to receive a Financial Literacy grant. Subsequent grant approval and grant allocations must be dependent, in part, on the results of the evaluations. If an evaluation finds no progress has been made in meeting goals or implementing strategies as agreed to in the grant, the grant must be terminated.
(C) The purpose of the evaluation is to assess progress toward achieving the Financial Literacy goals and to determine the impact of the initiative on students at the state and local levels. The impact assessment shall include, but is not limited to, end of course evaluations and projects. During the course of the evaluation, if an evaluator determines that a state agency has failed to comply with the coordination and collaboration provisions as required in this chapter, the final report must reflect that information. Program evaluation reports must be reported to the General Assembly no later than three months after conclusion of the evaluation."
SECTION 3. Section 12-6-5060(A) of the 1976 Code, as last amended by Act 161 of 2005, is further amended to read:
"(A) Each taxpayer required to file a state individual income tax return may contribute to the War Between the States Heritage Trust Fund established pursuant to Section 51-18-115, the Nongame Wildlife and Natural Areas Program Fund, the Children's Trust Fund of South Carolina established pursuant to Section 20-7-5010, the Eldercare Trust Fund of South Carolina established pursuant to Section 43-21-160, or the First Steps to School Readiness Fund established pursuant to Section 20-7-9740, the South Carolina Military Family Relief Fund established pursuant to Article 3, Chapter 11 of Title 25, the Gift of Life Trust Fund of South Carolina established pursuant to Section 44-43-1310, the Veterans' Trust Fund of South Carolina established pursuant to Chapter 21 of Title 25, the South Carolina Litter Control Enforcement Program (SCLCEP) and used by the Governor's Task Force on Litter only for the SCLCEP Program, the South Carolina Law Enforcement Assistance Program (SCLEAP) and used as provided in Section 23-3-65, the South Carolina Department of Parks, Recreation and Tourism for use in the South Carolina State Park Service in the manner the General Assembly provides, K-12 public education for use in the manner the General Assembly provides by law, or South Carolina Conservation Bank Trust Fund established pursuant to Section 48-59-60, or the Financial Literacy Trust Fund as established pursuant to Section 59-29-510, by designating the contribution on the return. The contribution may be made by reducing the income tax refund or by remitting additional payment by the amount designated."
SECTION 4. Sections 59-29-420 and 59-29-425 of the 1976 Code are repealed.
SECTION 5. It is the intent of the General Assembly that state agencies involved in financial matters shall actively provide nonfinancial support to the South Carolina Financial Literacy Initiative. In addition to those agencies answering directly to the Governor, those agencies headed by boards and commissions or constitutional officers shall use their resources to provide nonfinancial support, as appropriate, toward the goals of the Financial Literacy Initiative reflected in Section 59-29-460 and the long-term plans of the initiative and to assure that relevant planning documents or processes are consistent with, and supportive of financial literacy.
SECTION 6. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator HAYES 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. 4735 (Word version) -- Reps. Harrison and Jennings: A BILL TO AMEND SECTION 44-23-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DETERMINING THE FITNESS OF A PERSON CHARGED WITH A CRIME TO STAND TRIAL, SO AS TO INCREASE FROM FIFTEEN DAYS TO SIXTY DAYS THE TIME WITHIN WHICH THE MENTAL HEALTH EVALUATION OF THE PERSON MUST BE COMPLETED AND TO AUTHORIZE THE COURT ON GOOD CAUSE SHOWN TO GRANT AN EXTENSION OF UP TO THIRTY DAYS; TO AMEND SECTION 44-23-420, RELATING TO THE FITNESS TO STAND TRIAL REPORT OF A MENTAL HEALTH EVALUATION EXAMINER, SO AS TO INCREASE FROM FIVE TO TEN DAYS THE TIME WITHIN WHICH THE EXAMINER MUST SUBMIT HIS REPORT; AND TO AMEND SECTION 44-23-430, RELATING TO COMPETENCY HEARINGS AND DISPOSITION OF CASES IN SUCH HEARINGS, SO AS TO DECREASE FROM SIXTY DAYS TO FOURTEEN DAYS THE TIME WITHIN WHICH THE SOLICITOR MUST INITIATE JUDICIAL COMMITMENT PROCEEDINGS FOR A PERSON FOUND TO BE UNFIT TO STAND TRIAL AND IN ADDITION TO HOSPITALIZING THE PERSON, TO AUTHORIZE THE COURT IN SUCH A PROCEEDING TO CONTINUE THE PERSON IN DETENTION OR ON BOND.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD4735.001), which was adopted:
Amend the bill, as and if amended, by striking it in its entirety and inserting:
/ Amend the bill, as and if amended, pages 1-3, by striking SECTION 1 in its entirety and inserting:
// SECTION 1. Section 44-23-410 of the 1976 Code is amended to read:
"Section 44-23-410. (A) Whenever a judge of the Circuit Court or Family Court has reason to believe that a person on trial before him, charged with the commission of a criminal offense or civil contempt, is not fit to stand trial because the person lacks the capacity to understand the proceedings against him or to assist in his own defense as a result of a lack of mental capacity, the judge shall:
(1) order examination of the person by two examiners designated by the Department of Mental Health if the person is suspected of having a mental illness or designated by the Department of Disabilities and Special Needs if the person is suspected of being mentally retarded or having a related disability or by both sets of examiners if the person is suspected of having both mental illness and mental retardation or a related disability;. the The examination must be made within fifteen thirty days after the receipt of the court's order and may be conducted in any suitable place unless otherwise designated by the court; or
(2) order the person committed for examination and observation to an appropriate facility of the Department of Mental Health or the Department of Disabilities and Special Needs for a period not to exceed fifteen days. If at the end of fifteen days the examiners have been unable to determine whether the person is fit to stand trial, the director of the facility shall request in writing an additional period for observation not to exceed fifteen days. If the person or his counsel requests, the person may be examined additionally by a designated examiner of his choice. The report of the examination is admissible as evidence in subsequent hearings pursuant to Section 44-23-430. However, the court may prescribe the time and conditions under which the independent examination is conducted. If the examiners designated by the Department of Mental Health find indications of mental retardation or a related disability but not mental illness, the department shall not render an evaluation on the person's mental capacity, but shall inform the court that the person is 'not mentally ill' and recommend that the person should be evaluated for competency to stand trial by the Department of Disabilities and Special Needs. If the examiners designated by the Department of Disabilities and Special Needs find indications of mental illness but not mental retardation or a related disability, the department shall not render an evaluation on the person's mental capacity, but shall inform the court that the person does 'not have mental retardation or a related disability' and recommend that the person should be evaluated for competency to stand trial by the Department of Mental Health. If either the Department of Mental Health or the Department of Disabilities and Special Needs finds a preliminary indication of a dual diagnosis of mental illness and mental retardation or a related disability, this preliminary finding must be reported to the court with the recommendation that one examiner from the Department of Mental Health and one examiner from the Department of Disabilities and Special Needs be designated to further evaluate the person and render a final report on his mental capacity.
(B) Before the expiration of the examination period or the examination and observation period, the Department of Mental Health or the Department of Disabilities and Special Needs, as appropriate, may apply to a judge designated by the Chief Justice of the South Carolina Supreme Court for an extension of time up to fifteen days to complete the examination or the examination and observation.
(C) If the person or the person's counsel requests, the court may authorize the person to be examined additionally by a designated examiner of the person's choice. However, the court may prescribe the time and conditions under which the independent examination is conducted.
(D) If the examiners designated by the Department of Mental Health find indications of mental retardation or a related disability but not mental illness, the department shall not render an evaluation on the person's mental capacity, but shall inform the court that the person is 'not mentally ill' and recommend that the person should be evaluated for competency to stand trial by the Department of Disabilities and Special Needs. If the examiners designated by the Department of Disabilities and Special Needs find indications of mental illness but not mental retardation or a related disability, the department shall not render an evaluation on the person's mental capacity, but shall inform the court that the person does 'not have mental retardation or a related disability' and recommend that the person should be evaluated for competency to stand trial by the Department of Mental Health. If either the Department of Mental Health or the Department of Disabilities and Special Needs finds a preliminary indication of a dual diagnosis of mental illness and mental retardation or a related disability, this preliminary finding must be reported to the court with the recommendation that one examiner from the Department of Mental Health and one examiner from the Department of Disabilities and Special Needs be designated to further evaluate the person and render a final report on the person's mental capacity." // /
Amend the bill, as and if amended, page 3, by striking SECTION 2 in its entirety and inserting:
/ SECTION 2. Section 44-23-420 of the 1976 Code is amended to read:
"Section 44-23-420. (A) Within five ten days of examination under Section 44-23-410(1) 44-23-410(A)(1) or at the conclusion of the observation period under Section 44-23-410(2) 44-23-410(A)(2), the designated examiners shall make a written report to the court which shall include:
(1) A a diagnosis of the person's mental condition,; and
(2) Clinical clinical findings bearing on the issues of whether or not the person is capable of understanding the proceedings against him and assisting in his own defense, and if there is a substantial probability that he will attain that capacity in the foreseeable future.
(B) The report of the designated examiners shall not contain any findings nor shall the examiners testify on the question of insanity should it be raised as a defense unless further examination on the question of insanity is ordered by the court.
(C) The report is admissible as evidence in subsequent hearings pursuant to Section 44-23-430." /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the committee amendment.
The committee amendment was adopted.
Senator RITCHIE proposed the following amendment (JUD4735.002), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
SECTION ____. A. This section may be cited as the "Family Court Reform Act of 2006".
B. Section 15-36-10(A) of the 1976 Code, as last amended by Act 27 of 2005, is amended to read:
"Section 15-36-10. (A)(1) A pleading filed in a civil, family, or administrative action on behalf of a party who is represented by an attorney must be signed by at least one attorney of record who is an active member of the South Carolina Bar or who is admitted to practice in the courts of this State and must include the address and telephone number of the attorney signing the document.
(2) A document filed in a civil, family, or administrative action by a party who is not represented by an attorney must be signed by the party and must include the address and telephone number of the party.
(3) The signature of an attorney or a pro se litigant constitutes a certificate to the court that:
(a) the person has read the document;
(b) a reasonable attorney in the same circumstances would believe that under the facts his claim or defense may be warranted under the existing law or, if his claim or defense is not warranted under the existing law, a good faith argument exists for the extension, modification, or reversal of existing law;
(c) a reasonable attorney in the same circumstances would believe that his procurement, initiation, continuation, or defense of a civil cause is not intended merely to harass or injure the other party; and
(d) a reasonable attorney in the same circumstances would believe his claim or defense is not frivolous, interposed for delay, or brought for any purpose other than securing proper discovery, joinder of parties, or adjudication of the claim or defense upon which the proceedings are based.
(4) An attorney or pro se litigant participating in a civil, family, or administrative action or defense may be sanctioned for:
(a) filing a frivolous pleading, motion, or document if:
( i) the person has not read the frivolous pleading, motion, or document;
(ii) a reasonable attorney in the same circumstances would believe that under the facts, his claim or defense was clearly not warranted under existing law and that a good faith or reasonable argument did not exist for the extension, modification, or reversal of existing law;
(iii) a reasonable attorney presented with the same circumstances would believe that the procurement, initiation, continuation, or defense of a civil cause was intended merely to harass or injure the other party; or
(iv) a reasonable attorney presented with the same circumstances would believe the pleading, motion, or document is frivolous, interposed for merely delay, or merely brought for any purpose other than securing proper discovery, joinder of parties, or adjudication of the claim or defense upon which the proceedings are based;
(b) making frivolous arguments a reasonable attorney would believe were not reasonably supported by the facts; or
(c) making frivolous arguments that a reasonable attorney would believe were not warranted under the existing law or if there is no good faith argument that exists for the extension, modification, or reversal of existing law."
C. Section 15-36-10(I) of the 1976 Code is amended to read:
"(I) This act shall not alter the South Carolina Rules of Civil Procedure, or the South Carolina Appellate Court Rules, or the South Carolina Family Court Rules."
D. 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. 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.
(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. In making a determination to require security for support, the court shall not require proof that special circumstances or compelling reasons exist.
(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.
(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."
E. Title 20 of the 1976 Code is amended by adding:
SOUTH CAROLINA FAMILY COURT HEARING OFFICER ACT
Section 20-6-10. This act shall be cited as the 'South Carolina Family Court Hearing Officer Act'.
Section 20-6-20. Family court hearing officers, herein referred to as hearing officer, shall be appointed by and serve on a voluntary basis at the pleasure of the Chief Justice of the South Carolina Supreme Court. Hearing officers shall be accountable to the Chief Justice and are subject to the Code of Judicial Conduct while acting in the capacity of hearing officers. Hearing officers shall be afforded protection pursuant to the South Carolina Tort Claims Act, located in Chapter 78 of Title 15, while acting in the capacity of hearing officers.
Section 20-6-30. Any person appointed to serve as a hearing officer must be a member of the South Carolina Bar in good standing with a minimum of ten years' experience in family court matters. Retired judges, not including probate judges, magistrates, municipal court judges, recorders, or any other summary court judges, may be appointed as hearing officers without having a minimum of ten years of experience in family court matters. Hearing officers must annually receive a minimum of six hours of continuing legal education on family court issues and shall be subject to additional standards as the South Carolina Supreme Court deems appropriate.
Section 20-6-40. (A) Hearing officers may be assigned all uncontested domestic relations matters by the Chief Administrative Judge for the circuit in which the hearing officer serves.
(B) Hearing officers may be assigned to hear Uniform Interstate Family Support Act matters and make recommendations of findings of fact and conclusions of law to a family court judge for consideration of an order by the family court judge as deemed just, equitable, and proper.
(C) Hearing officers may be assigned motion hearings for temporary relief in domestic relations matters, with consent of the parties, and make recommendations of findings of fact and conclusions of law with proposed relief to the family court judge for an order by the family court judge as deemed just, equitable, and proper.
(D) In addition to the cases listed in subsections (A), (B), and (C), the Chief Justice must issue directives concerning the other types of cases that may be assigned only to hearing officers who are retired judges. For purposes of this subsection, the term 'retired judge' does not include probate judges, magistrates, municipal court judges, recorders, or any other summary court judges. Pursuant to the Chief Justice's directives and statutory authority, the Chief Administrative Judge of the circuit in which the hearing officer serves may refer specific cases by order to the retired judge hearing officer.
The types of cases that may be assigned include, but are not limited to:
(1) motions hearings for temporary relief in domestic relations actions, with consent of the parties;
(2) hearings in the following Department of Social Services (DSS) cases: child abuse and neglect cases, including probable cause, merits hearings pursuant to Sections 20-7-736 and 20-7-738, and review hearings, permanency planning for children in foster care, termination of parental rights, and adoption, and motions or other applications to the court in these cases;
(3) hearings in DSS Adult Protective Services cases, including probable cause, merits, and motions;
(4) determinations of indigency; and
(5) rule to show cause hearings, including any private and agency child support actions when there are no other substantive matters at issue.
(C) The clerk of court shall maintain a family court hearing officer docket. The clerk of court must assign a date and time for each proceeding to be heard by a hearing officer. The clerk of court also must maintain a record of each proceeding in the same manner as prescribed for the family court. The party requesting a hearing must provide notice to all parties in the same manner as prescribed for the family court.
Section 20-6-50. A hearing officer shall have the same authority as a family court judge in those cases assigned to him or her, subject to any limitations imposed by statute and the directives of the Chief Justice. A hearing officer's powers include, but are not limited to:
(1) administer oaths;
(2) preserve and enforce order during hearings;
(3) hold persons in contempt of court and sanction them accordingly, provided the hearing officer is a retired judge;
(4) examine witnesses;
(5) issue bench warrants for failure to appear, provided the hearing officer is a retired judge;
(6) issue orders and rulings on motions;
(7) act as the finder of fact and law;
(8) take minors and vulnerable adults into emergency protective custody, provided the hearing officer is a retired judge;
(9) issue temporary orders relating to equitable division of marital property, child support, custody, visitation, attorney's fees, discovery, and restraining orders as they relate to domestic relations actions, provided the hearing officer is a retired judge;
(10) require additional hearings for review of cases as necessary; and
(11) appoint attorneys and guardians ad litem as appropriate and permitted by law, provided the hearing officer is a retired judge.
Section 20-6-60. No matter directly appealable to the Supreme Court shall be subject to referral to any hearing officer.
Section 20-6-70. Proceedings shall be held in the county of appropriate venue unless the parties consent to conducting the proceedings in another county. The South Carolina Judicial Department shall maintain a list of qualified hearing officers for each county.
Section 20-6-80. The orders and rulings issued by a retired judge hearing officer shall be considered final and where allowed, shall be appealed directly to the Court of Appeals, as provided by the South Carolina Appellate Court Rules. All orders and rulings issued by a hearing officer who is not a retired judge must be reviewed by a family court judge in which the retired judge hearing officer serves. No further hearing is required for the family court judge's review; however, further hearing may be ordered if the family court judge determines it is necessary. Orders and rulings affirmed by a family court judge shall be appealed directly to the Court of Appeals, as provided by the South Carolina Appellate Court Rules.
Section 20-6-90. Hearing officers shall not be barred from the private practice of law in family court. However, they shall not preside over any matter in which they have participated as a lawyer.
Section 20-6-100. All applicable Rules of Family Court and Rules of Civil Procedure shall apply in all proceedings presided over by a hearing officer.
Section 20-6-110. Hearing officers shall receive credit for court appointments as determined by the Supreme Court."
F. Chapter 7, Title 20 of the 1976 Code is amended by adding:
"Section 20-7-93. (A) For purposes of this chapter, in making an award of child support, either temporary or permanent, the court 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 person 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 (B). If the person is ever ten days or more late in paying his obligation, then, upon the filing of an affidavit with the family court by the person receiving the support for the child, all future payments by the person, and a service fee, must be made through the clerk of court.
(B) In making an award of child 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."
G. Section 20-7-420(A) of the 1976 Code is amended by adding an appropriately numbered subsection at the end to read:
"( ) To sanction a party who files a frivolous claim or motion under Title 20, pursuant to the standards set forth in Section 15-36-10. Upon the second or subsequent determination by the court that the requesting party has filed a frivolous claim or motion under Title 20 involving the same litigants, the court must impose sanctions on the requesting party as permitted by state law and the South Carolina Rules of Court."
H. Section 20-7-570 of the 1976 Code is amended to read:
"Section 20-7-570. (A) If the family court determines pursuant to Section 20-7-695 that a person has made a report of suspected child abuse or neglect maliciously or in bad faith or if a person has been found guilty of making a false report pursuant to Section 20-7-567, the department may bring a civil action to recover the costs of the department's investigation and proceedings associated with the investigation, including attorney's fees. The department also is entitled to recover costs and attorney's fees incurred in the civil action authorized by this section. The decision of whether to bring a civil action pursuant to this section is in the sole discretion of the department.
(B) If the family court determines pursuant to Section 20-7-695 that a person has made a false report of suspected child abuse or neglect maliciously or in bad faith or if a person has been found guilty of making a false report pursuant to Section 20-7-567, a person who was subject of the false report has a civil cause of action against the person who made the false report and is entitled to recover from the person who made the false report such relief as may be appropriate, including:
(1) actual damages;
(2) punitive damages; and
(3) a reasonable attorney's fee and other litigation costs reasonably incurred.
(C) If a civil lawsuit is filed pursuant to subsections (A) or (B) and the court finds that this is a second or subsequent:
(1) report of suspected child abuse or neglect made maliciously or in bad faith pursuant to Section 20-7-695; or
(2) adjudication of guilt for making a false report pursuant to Section 20-7-567;
then the court must grant appropriate relief as permitted by state law and the South Carolina Rules of Court."
I. 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 child abuse or neglect was 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 may only 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) of this section, the court shall order the department to release the name of the person who made the report if the court finds that the report was made maliciously or in bad faith. The court may find malice or bad faith if it finds that:
(1) there 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;
(2) 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; or
(3) the impetus for making the report was to gain an advantage in a judicial proceeding."
J. Title 20 of the 1976 Code is amended by adding:
SOUTH CAROLINA FAMILY LAW MEDIATION ACT
Section 20-8-10. This act shall be cited as the 'South Carolina Family Law Mediation Act'.
Section 20-8-20. The General Assembly finds and declares as follows:
(A) that it is the public policy of this State that family law, divorce, and domestic relations cases including custody, visitation, child support, alimony, equitable apportionment, and fee issues shall be adjudicated quickly, fairly, and inexpensively;
(B) that mediation is one of several methods of accomplishing this goal and that mediation should be encouraged in all domestic relations and family law matters; and
(C) that the family courts of South Carolina should encourage and expedite such proceedings as should the South Carolina Bar, the medical community, counselors and mental health professionals, and financial experts.
Section 20-8-30. For purposes of this chapter, the following definitions apply:
(A) 'Mediation' is an informal process in which a third-party mediator facilitates settlement discussions between parties. Any settlement is voluntary. In the absence of settlement, the parties lose none of their rights to trial in the family court.
(B) A 'mediator' is a neutral person who acts to encourage and facilitate the resolution of pending family court actions and/or ongoing family disputes. The mediator has no authority to make decisions or to impose settlement.
Section 20-8-40. (A) All issues in domestic relations actions are subject to court-ordered mediation except where exempted. The following cases must be automatically exempted from mediation:
(1) contempt actions;
(2) child abuse and neglect proceedings;
(3) DSS Adult Protective Services cases;
(4) any case where there has been a finding by a court of competent jurisdiction within one year of the date of filing the action of spousal abuse or child abuse or neglect by one of the parties;
(5) juvenile proceedings;
(6) uncontested issues;
(7) actions where there is an agreement between the parties for voluntary mediation, subject to court approval; or
(8) the entry of a divorce or separate maintenance decree.
Certification that an action is exempt from court-ordered mediation shall be on a form approved by the Supreme Court.
(B) A party or the court may move to dispense with or defer mediation due to exceptional circumstances. Upon a showing of exceptional circumstances, and after a hearing, the Chief Judge for Administrative Purpose of the Family Court may grant the motion without a hearing and notify the parties or their attorneys of the ruling. Exceptional circumstances may relate to such factors as, but are not limited to:
(1) geographic considerations;
(2) incapacity of a party;
(3) incompetence of a party;
(4) cases where there has been a finding by a court of competent jurisdiction more than one year from the date of filing the action of spousal abuse or child abuse or neglect by one of the parties; or
(5) substance abuse by one of the parties.
(C) The court must order that the mediation conference or conferences shall be conducted no sooner than ninety days after the filing of the action, unless, in the court's discretion, the mediation conference should commence at an earlier date, and concluded no later than one hundred eighty days after the filing of the action. A party may seek an extension of time to complete mediation, and the court, in its discretion, may extend the time to complete mediation in a written order.
(D) The South Carolina Supreme Court shall establish the minimum number of hours that parties must participate in mediation.
(E) No final hearing in any domestic relations action shall be scheduled or heard prior to the completion of mediation, unless the matter is exempt from mediation by operation of this chapter or by order of the Chief Judge for Administrative Purpose of the Family Court upon a showing of exceptional circumstances. A request for a final hearing must be accompanied by a copy of the written mediation report.
Section 20-8-50. All mediation must be conducted in accordance with the procedures established in the South Carolina Family Court Alternative Dispute Resolution Rules in effect at the time for the State."
K. 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 of more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
L. This section takes effect January 1, 2007, and applies to cases filed on after that date. /
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 second time, passed and ordered to a third reading.
H. 3949 (Word version) -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-4025 SO AS TO PROVIDE FOR CHARITY GAMING.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator SHORT proposed the following amendment (3949R002.LHS), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 12-21-4200 of the 1976 Code is amended to read:
"Section 12-21-4200. The first nine hundred forty-eight thousand dollars of the total revenues derived from the provisions of this article which is collected from bingo within this State must be deposited monthly in twelve equal amounts into an account in the Office of the State Treasurer and called 'Division on Aging Senior Citizen Centers Permanent Improvement Fund'. All interest earned on monies in the Division on Aging Senior Citizen Centers Permanent Improvement Fund must be credited to this fund. Of the remaining revenue:
(1) Seven and five one-hundredths percent of the annual revenue derived from the provisions of Section 12-21-4190(2) must be deposited with the State Treasurer to be credited to the account of the Division on Aging, Office of the Governor, but in no case shall this credit be less than six hundred thousand dollars. This amount must be allocated to each county for distribution in home community services for the elderly as follows:
(a) One-half of the funds must be divided equally among the forty-six counties.
(b) The remaining one-half must be divided based on the percentage of the county's population age sixty and above in relation to the total state population using the latest report of the United States Bureau of the Census.
The aging service providers receiving these funds must be agencies recognized by the Division on Aging of the Office of the Governor and the area agencies on aging.
(2) Twenty and eight-tenths percent of the annual revenue derived from the provisions of Section 12-21-4190(2) must be deposited by the State Treasurer in a separate fund for the Department of Parks, Recreation and Tourism entitled the Parks and Recreation Development Fund. Interest earned by this fund must be added to it and credited to its various accounts in the same proportion that the annual allocation to each account bears to the total annual distribution to the fund. Unexpended amounts in the various fund accounts must be carried forward to succeeding fiscal years except as provided in Section 51-23-30. Fund proceeds must be distributed as provided in Chapter 23 of Title 51.
(3) Seventy-two and fifteen one-hundredths percent of the annual revenue derived from the provisions of Section 12-21-4190(2) must be deposited with the State Treasurer and credited to the general fund, except that the first one hundred thirty-one thousand of such revenues each year must be transferred to the Commission on Minority Affairs."/
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senator O'DELL spoke on the Bill.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 4831 (Word version) -- Reps. Cobb-Hunter, Young, Simrill and Whipper: A BILL TO AMEND SECTION 43-1-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMUNITY DOMESTIC VIOLENCE COORDINATING COUNCILS AND THEIR PURPOSE, MEMBERSHIP, AND DUTIES, SO AS TO PROVIDE THAT THE CIRCUIT SOLICITOR, RATHER THAN THE DEPARTMENT OF SOCIAL SERVICES, SHALL FACILITATE THE DEVELOPMENT OF THESE COUNCILS IN EACH COUNTY OR JUDICIAL CIRCUIT, TO ADD A REPRESENTATIVE OF THE DEPARTMENT OF SOCIAL SERVICES TO THE RECOMMENDED PARTICIPANTS ON THE COUNCILS, AND TO PROVIDE THAT MEMBERS ON SUCH COUNCILS SHALL ESTABLISH MEMORANDA OF AGREEMENT AMONG AND BETWEEN THESE MEMBERS.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senators HUTTO, MATTHEWS, PINCKNEY and RICHARDSON proposed the following amendment (4831R001.CBH), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Article 5, Chapter 3, Title 22 of the 1976 Code is amended by adding:
"Section 22-3-546. A circuit solicitor, in a circuit with five or more counties, may establish a program under his discretion and control, to prosecute first offense misdemeanor criminal domestic violence offenses, as defined in Section 16-25-20, in general sessions court. Whether to establish a program, and which cases may be prosecuted in general sessions court, are within the sole discretion of the solicitor. A solicitor shall report the results of the program to the Prosecution Coordination Commission." /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senator RITCHIE proposed the following amendment (JUD4831.001), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
SECTION ____. A. This SECTION may be cited as the "Family Court Reform Act of 2006".
B. Section 15-36-10(A) of the 1976 Code, as last amended by Act 27 of 2005, is amended to read:
"Section 15-36-10. (A)(1) A pleading filed in a civil, family, or administrative action on behalf of a party who is represented by an attorney must be signed by at least one attorney of record who is an active member of the South Carolina Bar or who is admitted to practice in the courts of this State and must include the address and telephone number of the attorney signing the document.
(2) A document filed in a civil, family, or administrative action by a party who is not represented by an attorney must be signed by the party and must include the address and telephone number of the party.
(3) The signature of an attorney or a pro se litigant constitutes a certificate to the court that:
(a) the person has read the document;
(b) a reasonable attorney in the same circumstances would believe that under the facts his claim or defense may be warranted under the existing law or, if his claim or defense is not warranted under the existing law, a good faith argument exists for the extension, modification, or reversal of existing law;
(c) a reasonable attorney in the same circumstances would believe that his procurement, initiation, continuation, or defense of a civil cause is not intended merely to harass or injure the other party; and
(d) a reasonable attorney in the same circumstances would believe his claim or defense is not frivolous, interposed for delay, or brought for any purpose other than securing proper discovery, joinder of parties, or adjudication of the claim or defense upon which the proceedings are based.
(4) An attorney or pro se litigant participating in a civil, family, or administrative action or defense may be sanctioned for:
(a) filing a frivolous pleading, motion, or document if:
( i) the person has not read the frivolous pleading, motion, or document;
(ii) a reasonable attorney in the same circumstances would believe that under the facts, his claim or defense was clearly not warranted under existing law and that a good faith or reasonable argument did not exist for the extension, modification, or reversal of existing law;
(iii) a reasonable attorney presented with the same circumstances would believe that the procurement, initiation, continuation, or defense of a civil cause was intended merely to harass or injure the other party; or
(iv) a reasonable attorney presented with the same circumstances would believe the pleading, motion, or document is frivolous, interposed for merely delay, or merely brought for any purpose other than securing proper discovery, joinder of parties, or adjudication of the claim or defense upon which the proceedings are based;
(b) making frivolous arguments a reasonable attorney would believe were not reasonably supported by the facts; or
(c) making frivolous arguments that a reasonable attorney would believe were not warranted under the existing law or if there is no good faith argument that exists for the extension, modification, or reversal of existing law."
C. Section 15-36-10(I) of the 1976 Code is amended to read:
"(I) This act shall not alter the South Carolina Rules of Civil Procedure, or the South Carolina Appellate Court Rules, or the South Carolina Family Court Rules."
D. 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. 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.
(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. In making a determination to require security for support, the court shall not require proof that special circumstances or compelling reasons exist.
(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.
(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."
E. Title 20 of the 1976 Code is amended by adding:
SOUTH CAROLINA FAMILY COURT HEARING OFFICER ACT
Section 20-6-10. This act shall be cited as the 'South Carolina Family Court Hearing Officer Act'.
Section 20-6-20. Family court hearing officers, herein referred to as hearing officer, shall be appointed by and serve on a voluntary basis at the pleasure of the Chief Justice of the South Carolina Supreme Court. Hearing officers shall be accountable to the Chief Justice and are subject to the Code of Judicial Conduct while acting in the capacity of hearing officers. Hearing officers shall be afforded protection pursuant to the South Carolina Tort Claims Act, located in Chapter 78 of Title 15, while acting in the capacity of hearing officers.
Section 20-6-30. Any person appointed to serve as a hearing officer must be a member of the South Carolina Bar in good standing with a minimum of ten years experience in family court matters. Retired judges, not including probate judges, magistrates, municipal court judges, recorders, or any other summary court judges, may be appointed as hearing officers without having a minimum of ten years of experience in family court matters. Hearing officers must annually receive a minimum of six hours of continuing legal education on family court issues and shall be subject to additional standards as the South Carolina Supreme Court deems appropriate.
Section 20-6-40. (A) Hearing officers may be assigned all uncontested domestic relations matters by the Chief Administrative Judge for the circuit in which the hearing officer serves.
(B) Hearing officers may be assigned to hear Uniform Interstate Family Support Act matters and make recommendations of findings of fact and conclusions of law to a family court judge for consideration of an order by the family court judge as deemed just, equitable, and proper.
(C) Hearing officers may be assigned motion hearings for temporary relief in domestic relations matters, with consent of the parties, and make recommendations of findings of fact and conclusions of law with proposed relief to the family court judge for an order by the family court judge as deemed just, equitable, and proper.
(D) In addition to the cases listed in subsections (A), (B), and (C), the Chief Justice must issue directives concerning the other types of cases that may be assigned only to hearing officers who are retired judges. For purposes of this subsection, the term 'retired judge' does not include probate judges, magistrates, municipal court judges, recorders, or any other summary court judges. Pursuant to the Chief Justice's directives and statutory authority, the Chief Administrative Judge of the circuit in which the hearing officer serves may refer specific cases by order to the retired judge hearing officer.
The types of cases that may be assigned include, but are not limited to:
(1) motions hearings for temporary relief in domestic relations actions, with consent of the parties;
(2) hearings in the following Department of Social Services (DSS) cases: child abuse and neglect cases, including probable cause, merits hearings pursuant to Sections 20-7-736 and 20-7-738, and review hearings, permanency planning for children in foster care, termination of parental rights, and adoption, and motions or other applications to the court in these cases;
(3) hearings in DSS Adult Protective Services cases, including probable cause, merits, and motions;
(4) determinations of indigency; and
(5) rule to show cause hearings, including any private and agency child support actions when there are no other substantive matters at issue.
(C) The clerk of court shall maintain a family court hearing officer docket. The clerk of court must assign a date and time for each proceeding to be heard by a hearing officer. The clerk of court also must maintain a record of each proceeding in the same manner as prescribed for the family court. The party requesting a hearing must provide notice to all parties in the same manner as prescribed for the family court.
Section 20-6-50. A hearing officer shall have the same authority as a family court judge in those cases assigned to him or her, subject to any limitations imposed by statute and the directives of the Chief Justice. A hearing officer's powers include, but are not limited to:
(1) administer oaths;
(2) preserve and enforce order during hearings;
(3) hold persons in contempt of court and sanction them accordingly, provided the hearing officer is a retired judge;
(4) examine witnesses;
(5) issue bench warrants for failure to appear, provided the hearing officer is a retired judge;
(6) issue orders and rulings on motions;
(7) act as the finder of fact and law;
(8) take minors and vulnerable adults into emergency protective custody, provided the hearing officer is a retired judge;
(9) issue temporary orders relating to equitable division of marital property, child support, custody, visitation, attorney's fees, discovery, and restraining orders as they relate to domestic relations actions, provided the hearing officer is a retired judge;
(10) require additional hearings for review of cases as necessary; and
(11) appoint attorneys and guardians ad litem as appropriate and permitted by law, provided the hearing officer is a retired judge.
Section 20-6-60. No matter directly appealable to the Supreme Court shall be subject to referral to any hearing officer.
Section 20-6-70. Proceedings shall be held in the county of appropriate venue unless the parties consent to conducting the proceedings in another county. The South Carolina Judicial Department shall maintain a list of qualified hearing officers for each county.
Section 20-6-80. The orders and rulings issued by a retired judge hearing officer shall be considered final and where allowed, shall be appealed directly to the Court of Appeals, as provided by the South Carolina Appellate Court Rules. All orders and rulings issued by a hearing officer who is not a retired judge must be reviewed by a family court judge in which the retired judge hearing officer serves. No further hearing is required for the family court judge's review; however, further hearing may be ordered if the family court judge determines it is necessary. Orders and rulings affirmed by a family court judge shall be appealed directly to the Court of Appeals, as provided by the South Carolina Appellate Court Rules.
Section 20-6-90. Hearing officers shall not be barred from the private practice of law in family court. However, they shall not preside over any matter in which they have participated as a lawyer.
Section 20-6-100. All applicable Rules of Family Court and Rules of Civil Procedure shall apply in all proceedings presided over by a hearing officer.
Section 20-6-110. Hearing officers shall receive credit for court appointments as determined by the Supreme Court."
F. Chapter 7, Title 20 of the 1976 Code is amended by adding:
"Section 20-7-93. (A) For purposes of this chapter, in making an award of child support, either temporary or permanent, the court 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 person 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 (B). If the person is ever ten days or more late in paying his obligation, then, upon the filing of an affidavit with the family court by the person receiving the support for the child, all future payments by the person, and a service fee, must be made through the clerk of court.
(B) In making an award of child 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."
G. Section 20-7-420(A) of the 1976 Code is amended by adding an appropriately numbered subsection at the end to read:
"( ) To sanction a party who files a frivolous claim or motion under Title 20, pursuant to the standards set forth in Section 15-36-10. Upon the second or subsequent determination by the court that the requesting party has filed a frivolous claim or motion under Title 20 involving the same litigants, the court must impose sanctions on the requesting party as permitted by state law and the South Carolina Rules of Court."
H. Section 20-7-570 of the 1976 Code is amended to read:
"Section 20-7-570. (A) If the family court determines pursuant to Section 20-7-695 that a person has made a report of suspected child abuse or neglect maliciously or in bad faith or if a person has been found guilty of making a false report pursuant to Section 20-7-567, the department may bring a civil action to recover the costs of the department's investigation and proceedings associated with the investigation, including attorney's fees. The department also is entitled to recover costs and attorney's fees incurred in the civil action authorized by this section. The decision of whether to bring a civil action pursuant to this section is in the sole discretion of the department.
(B) If the family court determines pursuant to Section 20-7-695 that a person has made a false report of suspected child abuse or neglect maliciously or in bad faith or if a person has been found guilty of making a false report pursuant to Section 20-7-567, a person who was subject of the false report has a civil cause of action against the person who made the false report and is entitled to recover from the person who made the false report such relief as may be appropriate, including:
(1) actual damages;
(2) punitive damages; and
(3) a reasonable attorney's fee and other litigation costs reasonably incurred.
(C) If a civil lawsuit is filed pursuant to subsections (A) or (B) and the court finds that this is a second or subsequent:
(1) report of suspected child abuse or neglect made maliciously or in bad faith pursuant to Section 20-7-695; or
(2) adjudication of guilt for making a false report pursuant to Section 20-7-567;
then the court must grant appropriate relief as permitted by state law and the South Carolina Rules of Court."
I. 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 child abuse or neglect was 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 may only 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) of this section, the court shall order the department to release the name of the person who made the report if the court finds that the report was made maliciously or in bad faith. The court may find malice or bad faith if it finds that:
(1) there 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;
(2) 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; or
(3) the impetus for making the report was to gain an advantage in a judicial proceeding."
J. Title 20 of the 1976 Code is amended by adding:
SOUTH CAROLINA FAMILY LAW MEDIATION ACT
Section 20-8-10. This act shall be cited as the 'South Carolina Family Law Mediation Act'.
Section 20-8-20. The General Assembly finds and declares as follows:
(A) that it is the public policy of this State that family law, divorce, and domestic relations cases including custody, visitation, child support, alimony, equitable apportionment, and fee issues shall be adjudicated quickly, fairly, and inexpensively;
(B) that mediation is one of several methods of accomplishing this goal and that mediation should be encouraged in all domestic relations and family law matters; and
(C) that the family courts of South Carolina should encourage and expedite such proceedings as should the South Carolina Bar, the medical community, counselors and mental health professionals, and financial experts.
Section 20-8-30. For purposes of this chapter, the following definitions apply:
(A) 'Mediation' is an informal process in which a third-party mediator facilitates settlement discussions between parties. Any settlement is voluntary. In the absence of settlement, the parties lose none of their rights to trial in the family court.
(B) A 'mediator' is a neutral person who acts to encourage and facilitate the resolution of pending family court actions and/or ongoing family disputes. The mediator has no authority to make decisions or to impose settlement.
Section 20-8-40. (A) All issues in domestic relations actions are subject to court-ordered mediation except where exempted. The following cases must be automatically exempted from mediation:
(1) contempt actions;
(2) child abuse and neglect proceedings;
(3) DSS Adult Protective Services cases;
(4) any case where there has been a finding by a court of competent jurisdiction within one year of the date of filing the action of spousal abuse or child abuse or neglect by one of the parties;
(5) juvenile proceedings;
(6) uncontested issues;
(7) actions where there is an agreement between the parties for voluntary mediation, subject to court approval; or
(8) the entry of a divorce or separate maintenance decree.
Certification that an action is exempt from court-ordered mediation shall be on a form approved by the Supreme Court.
(B) A party or the court may move to dispense with or defer mediation due to exceptional circumstances. Upon a showing of exceptional circumstances, and after a hearing, the Chief Judge for Administrative Purpose of the Family Court may grant the motion without a hearing and notify the parties or their attorneys of the ruling. Exceptional circumstances may relate to such factors as, but are not limited to:
(1) geographic considerations;
(2) incapacity of a party;
(3) incompetence of a party;
(4) cases where there has been a finding by a court of competent jurisdiction more than one year from the date of filing the action of spousal abuse or child abuse or neglect by one of the parties; or
(5) substance abuse by one of the parties.
(C) The court must order that the mediation conference or conferences shall be conducted no sooner than ninety days after the filing of the action, unless, in the court's discretion, the mediation conference should commence at an earlier date, and concluded no later than one hundred eighty days after the filing of the action. A party may seek an extension of time to complete mediation, and the court, in its discretion, may extend the time to complete mediation in a written order.
(D) The South Carolina Supreme Court shall establish the minimum number of hours that parties must participate in mediation.
(E) No final hearing in any domestic relations action shall be scheduled or heard prior to the completion of mediation, unless the matter is exempt from mediation by operation of this chapter or by order of the Chief Judge for Administrative Purpose of the Family Court upon a showing of exceptional circumstances. A request for a final hearing must be accompanied by a copy of the written mediation report.
Section 20-8-50. All mediation must be conducted in accordance with the procedures established in the South Carolina Family Court Alternative Dispute Resolution Rules in effect at the time for the State."
K. 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 of more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
L. This section takes effect January 1, 2007, and applies to cases filed on after that date. /
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 second time, passed and ordered to a third reading.
H. 5139 (Word version) -- Reps. Emory and J.M. Neal: A BILL TO AMEND SECTION 7-7-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LANCASTER COUNTY, SO AS TO ADD PETTUS PLACE AND POSSUM HOLLOW TO THE LIST OF VOTING PRECINCTS IN LANCASTER COUNTY.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator GREGORY proposed the following amendment (NBD\ 12606AC06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 7-7-350 of the 1976 Code, as last amended by Act 440 of 1996, is further amended to read:
"Section 7-7-350. (A) In Lancaster County there are the following voting precincts:
Antioch;
Belaire;
Belaire Number 2;
Camp Creek;
Carmel;
Chesterfield Avenue;
Douglas;
Dwight;
Elgin;
Erwin Farm;
Gooch's Cross Road;
Heath Springs;
Hyde Park;
Jacksonham;
Kershaw North;
Kershaw South;
Lancaster East;
Lancaster West;
Lynwood Drive;
Midway;
Pleasant Hill;
Pleasant Valley;
Pleasant Valley Number 2;
Rich Hill;
Riverside;
Spring Hill;
Unity;
Van Wyck; and
Wylie Park.
(B) The precinct lines defining the above precincts are as shown on maps filed with the clerk of court of the county and also on file with the State Election Commission as provided and maintained by the Division of Research and Statistical Services of the State Budget and Control Board designated as document P-5796 P-57-06.
(C) The polling places for the precincts provided in this section must be established by the Lancaster County Board of Elections and Voter Registration subject to approval by a majority of the Lancaster County Legislative Delegation."
SECTION 2. This act takes effect upon approval by the Governor and applies to elections conducted after July 15, 2006./
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. 4678 (Word version) -- Reps. G.M. Smith, Weeks and Coates: A BILL TO AMEND SECTION 20-7-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INFANTS VOLUNTARILY LEFT AT A HOSPITAL BY A PARENT OR AT THE DIRECTION OF A PARENT AND PROVIDING IMMUNITY TO SUCH PACT OR PERSON UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT AN INFANT MAY ALSO BE LEFT AT A LAW ENFORCEMENT AGENCY OR A CHURCH OR SYNAGOGUE, TO DEFINE HOSPITALS, LAW ENFORCEMENT AGENCIES, AND CHURCHES AND SYNAGOGUES AS "SAFE HAVENS", TO PROVIDE THAT SUCH IMMUNITY ATTACHES WHEN AN INFANT IS LEFT AT A SAFE HAVEN, AND TO PROVIDE THAT A LAW ENFORCEMENT AGENCY, CHURCH, OR SYNAGOGUE MUST TRANSPORT AN INFANT TO A HOSPITAL WHEN THE INFANT IS LEFT AT THE LAW ENFORCEMENT AGENCY, CHURCH, OR SYNAGOGUE.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD4678.002), which was adopted:
Amend the bill, as and if amended, page 5, by striking line 9 in its entirety and inserting therein the following:
/ medical services station, or any staffed house of worship during hours when the facility is staffed. /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN 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. 4456 (Word version) -- Reps. Harrison and Haley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 50 TO TITLE 23 SO AS TO ENACT THE SOUTH CAROLINA CRIMESTOPPERS ACT, TO PROVIDE FOR THE PURPOSE OF CRIMESTOPPER ORGANIZATIONS, TO PROVIDE FOR DEFINITIONS OF VARIOUS TERMS CONTAINED IN THIS CHAPTER, TO ESTABLISH THE SOUTH CAROLINA CRIMESTOPPERS COUNCIL AND ITS DUTIES, TO PROVIDE THAT A COURT MAY ORDER A DEFENDANT TO REPAY TO A CRIMESTOPPERS ORGANIZATION OR TO THE CRIMESTOPPERS COUNCIL A REWARD ISSUED BY EITHER ENTITY, TO PROVIDE FOR THE REIMBURSEMENT OF MONIES PAID BY CRIMESTOPPERS ORGANIZATION OR THE CRIMESTOPPERS COUNCIL FOR INFORMATION THAT RESULTS IN THE ARREST OF AN INDIVIDUAL WHERE MONIES ARE CONFISCATED AND FORFEITED PURSUANT TO AN ARREST, TO PROVIDE FOR THE MAINTENANCE AND DISBURSEMENT OF FUNDS REIMBURSED TO A CRIMESTOPPERS ORGANIZATION, TO PROVIDE FOR THE ADMISSIBILITY OF CERTAIN EVIDENCE, PROTECTED INFORMATION, AND PROTECTED IDENTITIES IN A COURT PROCEEDING, TO PROVIDE IMMUNITY FROM CIVIL LIABILITY FOR CERTAIN PERSONS WHO COMMUNICATE WITH, ACT ON PRIVILEGED COMMUNICATION, OR ARE OFFICERS OR EMPLOYEES OF A CRIMESTOPPERS ORGANIZATION OR THE CRIMESTOPPERS COUNCIL; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE BY A PUBLIC BODY, SO AS TO PROVIDE THAT A PUBLIC BODY MAY NOT DISCLOSE A PRIVILEGED COMMUNICATION, PROTECTED INFORMATION, OR A PROTECTED IDENTITY EXCEPT UNDER CERTAIN CONDITIONS; AND TO REPEAL SECTION 44-53-583, RELATING TO REIMBURSEMENT OF CERTAIN MONIES TO A CRIMESTOPPERS ORGANIZATION.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD4456.001), which was adopted:
Amend the bill, as and if amended, SECTION 1, pages 5-7, by striking Section 23-50-45 in its entirety and inserting:
/ Section 23-50-45. (A) Except as otherwise provided by this section, evidence of privileged communications, protected information, and protected identities is not admissible in a civil proceeding unless good cause is shown to the court.
(B) In a criminal proceeding, the State or another prosecuting authority must provide the defendant with any information obtained via crimestoppers as required by Rule 5 of the South Carolina Rules of Criminal Procedure, Brady, or any other law or rule governing the disclosure of information to criminal defendants.
(C) In a civil matter pending in the court of common pleas, the plaintiff may seek release of the protected information or privileged communication by motion to the court of common pleas having jurisdiction. Protected information and privileged communications may not be released for matters pending in any civil courts other than the court of common pleas. The plaintiff may seek release of protected information or privileged communication by showing good cause to the court of common pleas.
(D) When a request is made for the release of protected information or a privileged communication in a civil proceeding:
(1) the court may issue an order requiring the privileged communication or protected information to be turned over to the court. The court shall conduct an in camera inspection of materials provided to determine whether good cause for use in the civil proceeding has been shown;
(2) the court will provide the evidence to the parties in a form that does not disclose a protected identity, unless deemed necessary. The court may issue such additional protective orders as it deems appropriate; and
(3) the court shall return to the council or crimestoppers organization the materials that are produced but not disclosed. The council or crimestoppers organization shall store the materials at least until the first anniversary of the following appropriate date:
(a) the date of expiration of the time for all direct appeals in a criminal case; or
(b) the date a plaintiff's right to appeal in a civil case is exhausted.
(E) Nothing contained in this section creates a duty for a crimestoppers organization or the council to maintain records in a form that identifies a privileged identity. /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN 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. 4301 (Word version) -- Reps. G.M. Smith, Bailey, Harrison, Altman, Vaughn, G.R. Smith, Battle, Kirsh, M.A. Pitts, Coates, Moody-Lawrence, Toole, Vick, Littlejohn, Sandifer, Owens, Ceips, Funderburk, Weeks, Rice, Simrill, Chellis, Viers and Duncan: 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.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD4301.001), which was adopted:
Amend the bill, as and if amended, page 3, Section 16-11-440(B)(1), by striking lines 13-17, and inserting the following:
/ (1) against whom the deadly force is used has the right to be in or is a lawful resident of the dwelling, residence, or occupied vehicle including, but not limited to, an owner, lessee, or titleholder; or /
Amend the bill further, as and if amended, Section 16-11-430, page 3, by striking line 42 and inserting:
/ involving force or a violent crime as defined in Section 16-1-60.
(E) A person who by force enters or attempts to enter a dwelling, residence, or occupied vehicle in violation of an order of protection, restraining order, or condition of bond is presumed to be doing so with the intent to commit an unlawful act regardless of whether the person is a resident of the dwelling, residence, or occupied vehicle including, but not limited to, an owner, lessee, or titleholder. /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN 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. 4692 (Word version) -- Reps. Davenport and McLeod: A BILL TO AMEND SECTION 44-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATIONS OF CERTAIN DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RULINGS AND ORDERS, SO AS TO PROVIDE THAT VIOLATIONS OF RULINGS AND ORDERS, AMONG OTHER THINGS, ISSUED PURSUANT TO THE DEPARTMENT'S GENERAL AUTHORITY PROVIDED FOR IN SECTION 44-1-140 ARE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS A DAY FOR EACH VIOLATION AND THAT THE DEPARTMENT SHALL SUBMIT THESE FINES TO THE STATE GENERAL FUND.
Senator SETZLER asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator SETZLER proposed the following amendment (NGS), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/ Section___. Section 44-7-3430 of the 1976 Code, as added by Act 146 of 2005, is amended to read:
"Section 44-7-3430. All clinical staff, clinical trainees, medical students, interns, and resident physicians of a hospital shall wear badges clearly stating their names, using at a minimum either first or last names with appropriate initials, their departments, and their job or trainee titles. All clinical trainees, medical students, interns, and resident physicians must be explicitly identified as such on their badges. This information must be clearly visible and must be stated in terms or abbreviations reasonably understandable to the average person, as recognized by the Department of Health and Environmental Control" /
Renumber sections to conform.
Amend title to conform.
Senator SETZLER 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. 3166 (Word version) -- Reps. Taylor, Leach, Vaughn, Bailey, Scarborough and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-11-53 SO AS TO REQUIRE THE EXECUTIVE COMMITTEE OF A POLITICAL PARTY TO NAME A REPLACEMENT CANDIDATE AS SOON AS POSSIBLE AND TO PROVIDE IF THE REPLACEMENT CANDIDATE IS NOT NAMED WITHIN THIRTY DAYS, THE PARTY IS PROHIBITED FROM NAMING A REPLACEMENT CANDIDATE FOR THAT OFFICE.
The Senate proceeded to a consideration of the committee amendment, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD3166.002), which was adopted:
Amend the bill, as and if amended, page 1, by striking lines 29-31 and inserting:
/ The executive committee must nominate a replacement candidate for an office not more than thirty days from the date the candidacy becomes vacant. If a party fails to name a replacement /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the committee amendment.
The committee amendment was adopted.
Senator HUTTO proposed the following amendment (JUD3166.003), which was adopted:
Amend the bill, as and if amended, page 1, by striking lines 26-33, in Section 7-11-53, as contained in SECTION 1, and inserting therein the following:
/ "Section 7-11-53. If the executive committee of a political party substitutes a candidate for a general or special election pursuant to Section 7-11-50, it must do so as soon as is reasonably possible. The executive committee must nominate a substitute candidate for an office not more than thirty days from the date the candidacy becomes vacant. If a party fails to name a substitute candidate within thirty days pursuant to Section 7-11-50, that party is prohibited from nominating a candidate for that office." /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO 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. 3285 (Word version) -- Reps. Wilkins, Clemmons, Harrison and Loftis: A BILL TO AMEND SECTION 1-23-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDICIAL REVIEW OF DECISIONS BY AN ADMINISTRATIVE LAW JUDGE, SO AS TO PROVIDE THAT A FINAL DECISION BY AN ADMINISTRATIVE LAW JUDGE INVOLVING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY BE APPEALED AS A MATTER OF RIGHT TO THE COURT OF APPEALS.
On motion of Senator JACKSON, with unanimous consent, the Minority Report was removed from the Bill.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senators McCONNELL and LEVENTIS proposed the following amendment (JUD3285.005), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:
/ TO AMEND SECTIONS 1-23-380, 1-23-390, 1-23-600, ALL AS AMENDED, AND 1-23-610, ALL RELATING TO JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS, SO AS TO PROVIDE THAT JUDICIAL REVIEW OF AN ADMINISTRATIVE DECISION MUST BE MADE BY AN ADMINISTRATIVE LAW JUDGE, TO PROVIDE THAT DECISION MAY BE APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 1-23-650, AS AMENDED, RELATING TO PROMULGATION OF RULES GOVERNING THE OPERATIONS OF THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE RULES OF PROCEDURE FOR THE HEARING OF CONTESTING CASES OR APPEALS BY INDIVIDUAL AGENCIES ARE OF NO FORCE AND EFFECT IN PROCEEDINGS BEFORE AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 14-8-200, AS AMENDED, RELATING TO THE JURISDICTION OF THE COURT OF APPEALS, SO AS TO ADD THAT THE COURT OF APPEALS HAS JURISDICTION OVER ANY CASE IN WHICH AN APPEAL IS TAKEN FROM A FINAL DECISION OF AN AGENCY AND A FINAL DECISION OF AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 8-13-320, RELATING TO AN ORDER OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE FOR APPEAL FROM A FINAL DECISION OF THE COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS AS PROVIDED IN THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 41-35-750, AS AMENDED, RELATING TO A DECISION OF THE EMPLOYMENT SECURITY COMMISSION, SO AS TO PROVIDE FOR APPEAL WITHIN THIRTY DAYS OF A FINAL DECISION BY THE COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS AS PROVIDED IN THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTIONS 58-5-330, 58-5-340, 58-5-990, 58-9-1410, AND 58-27-2310, ALL RELATING TO AN ORDER OR DECISION BY THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE FOR APPEAL FROM A FINAL DECISION OF THE COMMISSION TO THE SOUTH CAROLINA SUPREME COURT OR COURT OF APPEALS AS PROVIDED BY STATUTE OR THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 1-13-90, RELATING TO AN ORDER OF THE STATE HUMAN AFFAIRS COMMISSION, SECTION 8-17-340, AS AMENDED, RELATING TO A DECISION OF THE STATE EMPLOYEE GRIEVANCE COMMITTEE, SECTION 11-35-4410, AS AMENDED, RELATING TO A DECISION OF THE PROCUREMENT REVIEW PANEL, SECTION 31-21-130, RELATING TO A DECISION OF THE HUMAN AFFAIRS COMMISSION, SECTION 33-56-140, AS AMENDED, RELATING TO THE SECRETARY OF STATE BRINGING AN ACTION TO ENJOIN A CHARITY FROM CONTINUING A VIOLATION OF THE SOLICITATION OF CHARITABLE FUNDS ACT, SECTIONS 35-1-1310, 35-1-1320, AND 35-1-1330, ALL AS AMENDED, ALL RELATING TO AN ORDER BY THE SECURITIES COMMISSIONER, SECTION 39-37-100, AS AMENDED, RELATING TO A DECISION OF THE DEPARTMENT OF AGRICULTURE, SECTION 43-25-90, RELATING TO A DECISION OF THE COMMISSION FOR THE BLIND, SECTION 45-9-75, RELATING TO A DETERMINATION BY A PANEL OF THE STATE HUMAN AFFAIRS COMMISSION, SECTION 46-3-220, RELATING TO AN ORDER OR DECISION BY THE COMMISSIONER OF AGRICULTURE, SECTION 46-9-90, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING A PROVISION OF THE CHAPTER ON THE STATE CROP PEST COMMISSION, SECTION 47-4-130, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING A PROVISION OF TITLE 47 DEALING WITH ANIMALS, LIVESTOCK, AND POULTRY, SECTIONS 47-17-50 AND 47-19-60, BOTH RELATING TO A DETERMINATION BY THE DIRECTOR OF THE LIVESTOCK-POULTRY HEALTH DEPARTMENT OF CLEMSON UNIVERSITY, SECTIONS 48-20-160, 48-20-190, BOTH AS AMENDED, AND 48-20-200, ALL RELATING TO A DECISION OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SECTION 48-39-150, AS AMENDED, RELATING TO THE APPROVAL OR DENIAL OF A PERMIT BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SECTION 54-3-470, RELATING TO AN ORDER OF THE STATE PORTS AUTHORITY, SECTIONS 55-5-230, 55-5-240, 55-5-250, ALL AS AMENDED, AND 55-8-20, ALL RELATING TO AN ORDER OF THE DIVISION OF AERONAUTICS, SECTIONS 59-25-260, 59-25-830, AND 59-40-90, ALL RELATING TO DECISIONS BY THE STATE BOARD OF EDUCATION, SECTION 59-58-120, RELATING TO A DECISION OF THE COMMISSION ON HIGHER EDUCATION, ALL SO AS TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE DECISION BY AN ADMINISTRATIVE LAW JUDGE AND THAT DECISION APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS; AND TO REPEAL SECTIONS 58-5-350, 58-5-360, 58-9-1420, 58-9-1440, 58-9-1460, 58-9-1470, 58-9-1480, AND 58-27-2330, ALL RELATING TO JUDICIAL REVIEW OF A DECISION BY THE PUBLIC SERVICE COMMISSION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1-13-90(c)(19) of the 1976 Code is amended to read:
"(19)(i) If an application for review is made to the commission within fourteen days from the date when the order of the commission shall have been is given, the commission shall, for good cause shown, shall review the order and evidence, receive further evidence, rehear the parties or their representatives, and, if proper, amend the order.
(ii) The order of the commission, as provided in item (16) of subsection (c) of this section, if not reviewed in due time, or an order of the commission upon such review, as provided for in subitem (i) of item (19) of this subsection, shall be is conclusive and binding as to all questions of fact unless clearly erroneous in view of the reliable, probative, and substantive evidence in the whole record. Either party to the dispute may, within thirty days after receipt of notice to be sent by registered mail of such the order, but not thereafter, may appeal from the decision of the commission to the court of common pleas of the county in which the hearing occurred, or in which the respondent resides or has his principal office Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D). In case of an appeal from the decision of the commission, such the appeal shall operate operates as a supersedeas for thirty days only, unless otherwise ordered by the court administrative law judge, and thereafter the respondent shall be is required to comply with the order involved in the appeal or certification until the questions at issue therein shall have been are fully determined in accordance with the provisions of this chapter.
(iii) The commission may institute a proceeding for enforcement of its order of item (16) of subsection (c) of this section, or its amended order of subitem (i) of item (19) of this subsection after thirty days from the day date of such the order, by filing a petition notice of appeal in the court of common pleas of the county in which the hearing occurred, or wherein where any a person required in the order to cease and desist from a practice which is the subject of the commission's order, or to take other affirmative action, resides, or transacts business.
If no appeal under pursuant to subitem (ii) of item (19) of this subsection is initiated, the commission may obtain a decree of the court for enforcement of its order upon a showing that a copy of the petition for enforcement was served upon the party subject to the dictates of the commission's order."
SECTION 2. Section 1-23-380 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 1-23-380. (A) A party who has exhausted all administrative remedies available within the agency and who is aggrieved by a final decision in a contested case is entitled to judicial review under this article, Article 1, and Article 5. This section does not limit utilization of or the scope of judicial review available under other means of review, redress, relief, or trial de novo provided by law. A preliminary, procedural, or intermediate agency action or ruling is immediately reviewable if review of the final agency decision would not provide an adequate remedy. Except as otherwise provided by law, an appeal is to the court of appeals.
(1) Proceedings for review are instituted by serving and filing a petition in the circuit court notice of appeal as provided in the South Carolina Appellate Court Rules within thirty days after the final decision of the agency or, if a rehearing is requested, within thirty days after the decision thereon is rendered. Copies of the petition notice of appeal shall must be served upon the agency, the Administrative Law Court, and all parties of record.
(2) The Except as otherwise provided in this chapter, the serving and filing of the petition notice of appeal does not itself stay enforcement of the agency decision. The serving and filing of a notice of appeal by a licensee for review of a fine or penalty or of its license stays only those provisions for which review is sought and matters not affected by the notice of appeal are not stayed. The serving or filing of a notice of appeal does not automatically stay the suspension or revocation of a permit or license authorizing the sale of beer, wine, or alcoholic liquor. The agency or administrative law judge may grant, or the reviewing court may order, a stay upon appropriate terms, upon the filing of a petition under Rule 65 of the South Carolina Rules of Civil Procedure.
(3) Within thirty days after the service of the petition, or within further time allowed by the court, the agency shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. By stipulation of all parties to the review proceedings, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record.
(4)(3) If, before the date set for hearing, a timely application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the agency, the court may order that the additional evidence be taken before the agency upon conditions determined by the court. The agency may modify its findings and decision by reason of the additional evidence and shall file that the evidence and any modifications, new findings, or decisions with the reviewing court.
(5)(4) The review shall must be conducted by the court without a jury and shall must be confined to the record. In cases of alleged irregularities in procedure before the agency or the Administrative Law Court, not shown in the record, and established by proof thereon may be taken in satisfactory to the court, the case may be remanded to the agency or the Administrative Law Court for action as the court considers appropriate. The court, upon request, shall hear oral argument and receive written briefs.
(6)(5) The court shall may not substitute its judgment for that the judgment of the agency as to the weight of the evidence on questions of fact. The court may affirm the decision of the agency or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:
(a) in violation of constitutional or statutory provisions;
(b) in excess of the statutory authority of the agency;
(c) made upon unlawful procedure;
(d) affected by other error of law;
(e) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(f) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(B) Review by an administrative law judge of a final decision in a contested case decided by a professional and occupational licensing board within the Department of Labor, Licensing, and Regulation, heard in the appellate jurisdiction of the Administrative Law Court, shall must be done in the same manner prescribed in subsection (A) for circuit court judicial review of final agency decisions, with the presiding administrative law judge exercising the same authority as the circuit court court of appeals; provided, however, that a party aggrieved by a final decision of an administrative law judge in such a case is entitled to judicial review of that decision by the circuit court court of appeals under pursuant to the provisions of subsection (A) of this section and pursuant to Section 1-23-610(C)."
SECTION 3. Section 1-23-390 of the 1976 Code, as last amended by Act 55 of 1999, is further amended to read:
"Section 1-23-390. An aggrieved party may obtain a review of any a final judgment of the circuit court or the court of appeals under pursuant to this article by taking an appeal in the manner provided by the South Carolina Appellate Court Rules as in other civil cases."
SECTION 4. Section 1-23-600 of the 1976 Code, as last amended by Act 202 of 2004, is further amended to read:
"Section 1-23-600. (A) A full and complete record must be kept of all contested cases and regulation hearings before an administrative law judge. All testimony shall must be reported, but need not be transcribed unless a transcript is requested by any party. The party requesting a transcript is responsible for the costs involved. Proceedings before administrative law judges are open to the public unless confidentiality is allowed or required by law. The presiding administrative law judge must render the decision in a written order. The decisions or orders of administrative law judges are not required to be published but are available for public inspection unless the confidentiality thereof is allowed or required by law.
(B) An administrative law judge shall preside over all hearings of contested cases as defined in Section 1-23-310 or Article I, Section 22, Constitution of the State of South Carolina, 1895, involving the departments of the executive branch of government as defined in Section 1-30-10 in which a single hearing officer, or an administrative law judge, is authorized or permitted by law or regulation to hear and decide such these cases, except those arising under the Occupational Safety and Health Act, those matters which are otherwise provided for in Title 56, those matters arising under the Consolidated Procurement Code, those matters heard by the Public Service Commission, the Employment Security Commission, the Workers' Compensation Commission, or those other cases or hearings which are prescribed for or mandated by federal law or regulation, unless otherwise by law statute or regulation specifically assigned to the jurisdiction of the Administrative Law Court.
(C) All requests for a hearing before the Administrative Law Court must be filed in accordance with the court's rules of procedure. Any party that files a request for a hearing with the Administrative Law Court must simultaneously serve a copy of the request on the affected agency. Upon the filing of the request, the chief judge shall assign an administrative law judge to the case.
(D) An administrative law judge also shall preside over all hearings of appeals from final decisions of contested cases before professional and occupational licensing boards or commissions within the Department of Labor, Licensing and Regulation, or as otherwise provided by law, pursuant to Section 1-23-380 pursuant to the Administrative Procedures Act, Article I, Section 22, Constitution of the State of South Carolina, 1895, or another law, except that an appeal from a final order of the Public Service Commission and the State Ethics Commission is to the Supreme Court or the court of appeals as provided in the South Carolina Appellate Court Rules, an appeal from the Procurement Review Panel is to the circuit court as provided in Section 11-35-4410, an appeal from the Workers' Compensation Commission is to the circuit court as provided in Section 42-17-60, and an appeal from the Employment Security Commission is to the circuit court as provided in Section 41-35-750.
(E) Notwithstanding another provision of law, a state agency authorized by law to seek injunctive relief may apply to the Administrative Law Court for injunctive or equitable relief pursuant to Section 1-23-630. The provisions of this section do not affect the authority of an agency to apply for injunctive relief as part of a civil action filed in the court of common pleas.
(F) Notwithstanding another provision of law, the Administrative Law Court has jurisdiction to review and enforce an administrative process issued by a department of the executive branch of government, as defined in Section 1-30-10, such as a subpoena, administrative search warrant, cease and desist order, or other similar administrative order or process. A department of the executive branch of government authorized by law to seek an administrative process may apply to the chief administrative law judge or his designee to issue or enforce an administrative process. A party aggrieved by an administrative process issued by a department of the executive branch of government may apply to the chief administrative law judge for relief from the process as provided in the Rules of the Administrative Law Court.
(G)(1) This subsection applies to timely requests for a contested case hearing pursuant to this section of decisions by departments governed by a board or commission authorized to exercise the sovereignty of the State.
(2) A request for a contested case hearing for an agency order stays the order. A request for a contested case hearing for an order to revoke or suspend a license stays the revocation or suspension. A request for a contested case hearing for a decision to renew a license for an ongoing activity stays the renewed license, the previous license remaining in effect pending completion of administrative review. A request for a contested case hearing for a decision to issue a new license stays all actions for which the license is a prerequisite; matters not affected by the request may not be stayed by the filing of the request. Requests for contested case hearings challenging only the amount of fines or penalties must be deemed not to affect those portions of orders imposing substantive requirements.
(3) The general rule of subsection (F)(2) does not stay emergency actions taken by an agency pursuant to an applicable statute or regulation.
(4) After a contested case is initiated before the Administrative Law Court, any party may move before the presiding administrative law judge to lift the stay imposed pursuant to this subsection.
(5) A final decision issued by the Administrative Law Court in a contested case may not be stayed except by order of the Administrative Law Court, the court of appeals, or in cases when Section 1-23-610(A) applies, the appropriate board or commission.
(6) Nothing contained in this subsection constitutes a limitation on the authority of the Administrative Law Court to impose a stay as otherwise provided by statute or by rule of court."
SECTION 5. Section 1-23-610 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"Section 1-23-610. (A) For quasi-judicial review of any final decision of an administrative law judge of cases involving departments governed by a board or commission authorized to exercise the sovereignty of the State, except the Department of Natural Resources and the Department of Health and Environmental Control, a petition by an aggrieved party must be filed with the appropriate board or commission and served on the opposing party not more than thirty days after the party receives the final decision and order of the administrative law judge. Appeal in these matters is by right. A party aggrieved by a final decision of a board in such a case is entitled to judicial review of that decision by the circuit court Court of Appeals under the provisions of (A) of this section and pursuant to Section 1-23-610(C).
(B) For judicial review of any a final decision of an administrative law judge of cases involving departments governed by the single director in which review is not governed by subsection (A), including cases involving the Department of Natural Resources and the Department of Health and Environmental Control, a petition notice of appeal by an aggrieved party must be served and filed with the Circuit court Court of Appeals as provided in the South Carolina Appellate Court Rules in civil cases and served on the opposing party not more than thirty days after the party receives the final decision and order of the administrative law judge. Appeal in these matters is by right.
(C) For judicial review of any final decision of an administrative law judge of cases involving professional and occupational licensing boards within the Department of Labor, Licensing, and Regulation, a petition by an aggrieved party must be filed with the Circuit Court and served on the opposing party not more than thirty days after the party receives the final decision and order of the administrative law judge. Appeal in these matters is by right.
The review of the administrative law judge's order must be confined to the record. The reviewing tribunal may affirm the decision or remand the case for further proceedings; or it may reverse or modify the decision if the substantive rights of the petitioner has been prejudiced because of the finding, conclusion, or decision is:
(a) in violation of constitutional or statutory provisions;
(b) in excess of the statutory authority of the agency;
(c) made upon unlawful procedure;
(d) affected by other error of law;
(e) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(f) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(D) Where appropriations in the annual general appropriations act, or where fees, fines, forfeitures, or revenues imposed or collected by agencies or commissions were required to be used for the hearing of contested cases, such these appropriations or monies must continue to be used for these purposes after the effective date of this article."
SECTION 6. Section 1-23-650 of the 1976 Code, as last amended by Act 359 of 1998, is further amended to read:
"Section 1-23-650. (A) Rules governing the internal administration and operations of the administrative law judge division shall Administrative Law Court must be:
(1) proposed by the chief judge of the division court and adopted by a majority of the judges of the division court; or
(2) proposed by any judge of the division court and adopted by seventy-five percent of the judges of the division court.
(B) Rules governing practice and procedure before the division court which are:
(1) consistent with the rules of procedure governing civil actions in courts of common pleas; and
(2) not otherwise expressed in Chapter 23 of, Title 1 of the 1976 Code; shall upon approval by a majority of the judges of the division court must be promulgated by the division, court and shall be are subject to review as are rules of procedure promulgated by the Supreme Court under Article V of the Constitution.
(C) All hearings before an administrative law judge must be conducted exclusively in accordance with the rules of procedure promulgated by the court pursuant to this section. All other rules of procedure for the hearing of contested cases or appeals by individual agencies, whether promulgated by statute or regulation, are of no force and effect in proceedings before an administrative law judge."
SECTION 7. Section 1-23-660 of the 1976 Code is amended to read:
"Section 1-23-660. Any contested case docketed for hearing before a board or commission abolished by this act shall continue to be under the jurisdiction of such board or commission until the case reaches final disposition at a hearing, with any ruling or adjudication of the board or commission binding. The rules of procedure and review for such boards or commissions in effect on the date of filing of the pending action shall remain in effect until the final disposition of the pending action, other provisions of this chapter notwithstanding. Where a contested case pending before a board or commission abolished by this act is continued under the jurisdiction of such board or commission as provided in this section and where that board or commission is abolished as provided by this act, that board or commission notwithstanding such provision abolishing it shall nevertheless continue in existence for the sole purpose of conducting and bringing to final disposition all such cases. Where any member of that board or commission has assumed another office after the abolition of that board or commission, he shall be considered an ex officio member of his former board or commission for the purposes of this paragraph. Any member of a board or commission abolished who continues to serve in the manner and for the purposes provided by this paragraph is entitled to receive only that mileage, per diem, and subsistence paid to members of state boards, commissions, and committees. There is created within the Administrative Law Court the Division of Motor Vehicle Hearings. The Chief Judge of the Administrative Law Court shall serve as the Director of the Division of Motor Vehicle Hearings. The duties, functions, and responsibilities of all hearing officers and associated staff of the Department of Motor Vehicles are devolved upon the Administrative Law Court effective January 1, 2006. The hearing officers and staff positions, together with the appropriations relating to these positions, are transferred to the Division of Motor Vehicle Hearings of the Administrative Law Court on January 1, 2006. The hearing officers and staff shall be appointed, hired, contracted, and supervised by the Chief Judge of the court and shall continue to exercise their present Department of Motor Vehicle functions, duties, and responsibilities under the auspices of the Administrative Law Court as directed by the Chief Judge and shall perform such other functions and duties as the Chief Judge of the court shall prescribe. All employees of the division shall serve at the will of the Chief Judge. The Chief Judge is solely responsible for the administration of the division, the assignment of cases, and the administrative duties and responsibilities of the hearing officers and staff. Notwithstanding the foregoing, and in addition to the assistant provided for in Section 1-23-580(B), the Administrative Law Court must hire and supervise a law clerk or other assistant solely to assist the judges who hear Department of Motor Vehicle Hearing appeals with the administration of those appeals. The law clerk or other assistant must be selected by a majority of the judges who hear Department of Motor Vehicle Hearing appeals. The position must be funded from the appropriations to hear cases from the Department of Motor Vehicles and shall be filled before the support staff of the division shall assume their functions and duties with the court.
The Budget and Control Board shall assist with all necessary actions to be taken to accomplish this transfer in consultation with the agency head of the transferring and receiving agencies.
Notwithstanding another provision of law, the hearing officers shall conduct hearings in accordance with Chapter 23 of Title 1, the Administrative Procedures Act, and the rules of procedure for the Administrative Law Court, at suitable locations as determined by the Chief Judge. The Department of Motor Vehicles shall continue to provide the existing locations within their facilities for such hearings as prescribed by the Chief Judge. The hearing officers are bound by the Code of Judicial Conduct, as contained in Rule 501 of the South Carolina Appellate Court Rules. Appeals from decisions of the hearing officers must be taken to the Administrative Law Court pursuant to the court's appellate rules of procedure. The Chief Judge shall not hear any appeals from these decisions. Nonetheless, the Chief Judge is not disqualified from, and remains responsible for, adjudicating cases under Section 1-23-600."
SECTION 8. Section 8-13-320(10)(m) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(m) Within ten days after service of an order, report, or recommendation, a respondent may apply to the commission for a full commission review of the decision made by the commission panel. The review must be made on the record established in the panel hearings. This review is the final disposition of the complaint before the commission. An appeal to the circuit court court of appeals, pursuant to Section 1-23-380 and as provided in the South Carolina Appellate Court Rules, stays all actions and recommendations of the commission unless otherwise determined by the circuit court."
SECTION 9. Section 8-17-340(F) of the 1976 Code, as last amended by Act 284 of 1996, is further amended to read:
"(F) The decision of the committee members must be transmitted in writing to the employee and the employing agency and is final in terms of administrative review. As a result of this decision, either the covered employee or the agency may request a rehearing or reconsideration within thirty calendar days from receipt of the decision. Petition for A notice of appeal seeking judicial appellate review of the final decision may be made by the covered employee to the court of common pleas of the county in which the covered employee's place of employment is located Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D). Only after an agency submits a written request to the Office of Human Resources seeking approval of the board may the agency initiate a petition for judicial file a notice of appeal seeking appellate review to the court of common pleas of the county in which the covered employee's place of employment is located Administrative Law Court. However, the agency may perfect the petition for judicial review appeal only upon approval of the board. The covered employee or the agency who initiates a petition for judicial first files the notice of appeal seeking appellate review is responsible for preparation of a transcript and paying the costs of preparation of a transcript of the audio tapes of a hearing required for certification of the record to the court of common pleas Administrative Law Court. Neither the board nor the Office of Human Resources nor the State Human Resources Director nor the committee may be named in this petition for judicial review notice of appeal. However, any of these entities are entitled to make a motion in the court of common pleas Administrative Law Court to be allowed to intervene to participate in the petition for judicial review appeal for appropriate reasons including their interest in defending their policies."
SECTION 10. Section 9-21-70 of the 1976 Code, as added by Act 12 of 2003, is amended to read:
"Section 9-21-70. A claimant may appeal a final decision of the Administrative Law Judge Division Court in a case brought pursuant to this chapter to the Richland County Court of Common Pleas court of appeals pursuant to Section 1-23-380 and the South Carolina Appellate Court Rules. Appeals of Administrative Law Judge Division decisions must be made in accordance with Section 1-23-610(C). If a claimant brings an action covered by this chapter in the court of common pleas other than an appeal of an Administrative Law Judge decision, the court must dismiss the case without prejudice."
SECTION 11. Section 11-35-4410 of the 1976 Code, as last amended by Act 153 of 1997, is further amended to read:
"Section 11-35-4410. (1) Creation. There is hereby created the South Carolina Procurement Review Panel which shall be is charged with the responsibility to review and determine de novo:
(a) requests for review of written determinations of the chief procurement officers under pursuant to Sections 11-35-4210 (6), 11-35-4220 (5), and 11-35-4230 (6); and
(b) requests for review of other written determinations, decisions, policies, and procedures as arise arising from or concern concerning the procurement of supplies, services, or construction procured in accordance with the provisions of this code and the ensuing regulations; provided that any matter which could have been brought before the chief procurement officers in a timely and appropriate manner under pursuant to Sections 11-35-4210, 11-35-4220, or 11-35-4230, but was not, shall are not be the subject of review under this paragraph. Requests for review under pursuant to this paragraph shall must be submitted to the Procurement Review Panel in writing, setting forth the grounds, within fifteen days of the date of such written determinations, decisions, policies, and procedures.
(2) Membership. The panel shall be composed of:
(a) [Deleted]
(b) [Deleted]
(c) [Deleted]
(d) the chairman, or his designee, of the Procurement Policy Committee;
(e) five members appointed by the Governor from the state at large who shall must be representative of the professions governed by this title including, but not limited to:
(i) goods and services.;
(ii) information technology procurements.;
(iii) construction.;
(iv) architects and engineers.;
(v) construction management.; and
(vi) land surveying services.;
(f) two state employees appointed by the Governor.
(3) Chairperson and Meetings. The panel shall elect a chairman from the members at large and shall meet as often as necessary to afford a swift resolution of the controversies submitted to it. Five members present and voting shall constitute a quorum. At-large members of the panel shall must be paid per diem, mileage, and subsistence as provided by law for members of boards, commissions, and committees. State employee members shall must be reimbursed for meals, lodging, and travel in accordance with current state allowances.
(4) Jurisdiction. (a) Notwithstanding the provisions of Section 1-23-10, et seq. Chapter 23, Title 1 or any other another provisions provision of law, the Administrative Procedures Act does not apply to administrative reviews conducted by either a chief procurement officer or the Procurement Review Panel. The Procurement Review Panel shall be is vested with the authority to:
(a)(i) establish its own rules and procedures for the conduct of its business and the holding of its hearings;
(b)(ii) issue subpoenas;
(c)(iii) interview any person it deems considers necessary; and
(d)(iv) record all determinations.
(b) A party aggrieved by a subpoena issued pursuant to this provision shall apply to the panel for relief.
(5) Procedure. Within fifteen days of receiving a grievance filed under Sections 11-35-4210(6), 11-35-4220(5), 11-35-4230(6), or 11-35-4410(1)(b), the chairman shall convene the review panel to conduct an administrative review. The review panel shall record its determination within thirty days and shall communicate its decision to those involved in the determination. In the alternative, the chairman, within ten days, may appoint a hearing officer to conduct the administrative review and report his recommendations to the review panel for its determination. If a hearing officer is appointed, his report shall must be submitted to the review panel within ten days after his appointment, and the review panel must still record its decision within thirty days after being convened for this purpose.
(6) Finality. The Notwithstanding any other provision of law, including the Administrative Procedures Act, the decision of the Procurement Review Panel is final as to administrative review and may be appealed only to the circuit court under. The standard of review is as provided by the provisions of the South Carolina Administrative Procedures Act. The filing of an appeal does not automatically stay a decision of the panel."
SECTION 12. Section 12-60-3370 of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"Section 12-60-3370. Except as otherwise provided, a taxpayer shall pay, or post a bond for, all taxes, not including penalties or civil fines, determined to be due by the administrative law judge before appealing the decision to the circuit court of appeals. For property tax cases covered by Section 12-60-2140 or 12-60-2550, the taxpayer need pay only the amount assessed pursuant to the appropriate section."
SECTION 13. Section 12-60-3380 of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"Section 12-60-3380. Except as otherwise provided in this chapter, a party may appeal a decision of the Administrative Law Judge Division to the circuit court in Richland County, except that a resident of this State may elect to bring the action in the circuit court for the county of his residence court of appeals. Appeal of a decision of the Administrative Law Judge Division must be made in accordance with Section 1-23-610(B)."
SECTION 14. Section 12-60-3390 of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"Section 12-60-3390. If a taxpayer brings an action covered by this chapter in circuit court, other than an appeal of an administrative law judge decision, the circuit court shall dismiss the case without prejudice."
SECTION 15. Section 14-8-200 of the 1976 Code, as last amended by Act 55 of 1999, is further amended to read:
"Section 14-8-200. (a) Except as limited by subsection (b) below and Section 14-8-260, the court shall have has jurisdiction over any case in which an appeal is taken from an order, judgment, or decree of the circuit court, or family court, a final decision of an agency, or a final decision of an administrative law judge. This jurisdiction shall be is appellate only, and the court shall apply the same scope of review that the Supreme Court would apply in a similar case. The court shall have has the same authority to issue writs of supersedeas, grant stays, and grant petitions for bail as the Supreme Court would have in a similar case. The court, to the extent the Supreme Court may by rule provide for it to do so, shall have has jurisdiction to entertain petitions for writs of certiorari in post-conviction relief matters under pursuant to Section 17-27-100.
(b) Jurisdiction of the court shall does not extend to appeals of the following, the appeal from which shall lie lies of right directly to the Supreme Court:
(1) any a final judgment from the circuit court which includes a sentence of death;
(2) any a final judgment from the circuit court decision of the Public Service Commission setting public utility rates pursuant to Title 58;
(3) any a final judgment involving a challenge on state or federal grounds, to the constitutionality of a state law or county or municipal ordinance where the principal issue is one of the constitutionality of the law or ordinance; provided, however, in any a case where the Supreme Court finds that the constitutional question raised is not a significant one, the Supreme Court may transfer the case to the court for final judgment;
(4) any a final judgment from the circuit court involving the authorization, issuance, or proposed issuance of general obligation debt, revenue, institutional, industrial, or hospital bonds of the State, its agencies, political subdivisions, public service districts, counties, and municipalities, or any other indebtedness now or hereafter authorized by Article X of the Constitution of this State;
(5) any a final judgment from the circuit court pertaining to elections and election procedure;
(6) any an order limiting an investigation by a state grand jury under pursuant to Section 14-7-1630; and
(7) any an order of the family court relating to an abortion by a minor under pursuant to Section 44-41-33."
SECTION 16. Section 31-21-130(O) of the 1976 Code is amended to read:
"(O)(1) If an application for review is made to the commission within fourteen days from the date of the order of the commission has been given, the commission, for good cause shown, shall review the order and evidence, receive further evidence, rehear the parties or their representatives, and, if proper, amend the order.
(2) The order of the commission, as provided in subsection (L), if not reviewed in due time, or an order of the commission upon the review, as provided for in item (1), is conclusive and binding as to all questions of fact unless clearly erroneous in view of the reliable, probative, and substantive evidence in the whole record. Either party to the dispute, within thirty days after receipt of notice to be sent by registered mail of the order, but not after that time, may appeal from the decision of the commission to the court of common pleas of the county in which the hearing occurred, or in which the respondent resides or has his principal office Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D). In case of an appeal from the decision of the commission, the appeal shall operate operates as a supersedeas for thirty days only, unless otherwise ordered by the court administrative law judge, and after that the respondent is required to comply with the order involved in the appeal or certification until the questions at issue in it have been are determined fully in accordance with the provisions of this chapter.
(3) The commission may institute a proceeding for enforcement of its order of subsection (L), or its amended order of item (1) after thirty days from the day date of the order, by filing a petition in the court of common pleas of the county in which the hearing occurred, or where any a person against whom the order is entered resides or transacts business.
(4) If no appeal under pursuant to item (2) is initiated, the commission may obtain a decree of the court for enforcement of its order upon a showing that a copy of the petition for enforcement was served upon the party subject to the dictates of the commission's order."
SECTION 17. Section 33-56-140(C) of the 1976 Code, as last amended by Act 336 of 2000, is further amended to read:
"(C) In addition to other actions authorized by law, the Secretary of State, if he has reason to believe that one or more of the following acts or violations listed below has occurred or may occur, may bring an action before an administrative law judge to enjoin the charitable organization, professional fundraising counsel, professional solicitor, commercial co-venturer, or other person from continuing the act or violation, or doing any committing other acts in furtherance of it, and for other relief as the court considers appropriate:
(1) a person knowingly and wilfully operates in violation of the provisions of this chapter;
(2) a person knowingly and wilfully makes a false statement in any registration application, statement, report, or other information required to be filed by this chapter;
(3) a person fails to file a registration statement, annual financial report, or other document required to be filed by this chapter;
(4) a person is using in the solicitation or collection of contributions any device, scheme, or artifice to defraud or to obtain money or property by means of false pretense, representation, or promise;
(5) the officers or representatives of a charitable organization, professional fundraising counsel, professional solicitor, or commercial co-venturer refuse or fail, after notice, to produce records of the organization; or
(6) the funds raised by solicitation activities are not devoted to the charitable purposes of the charitable organization."
SECTION 18. Section 33-56-140(E) of the 1976 Code, as last amended by Act 336 of 2000, is further amended to read:
"(E) A person that who is assessed an administrative fine or enjoined from any solicitation activity for any violation of this chapter, has had his registration suspended, or that who is denied registration has thirty days from receipt of certified notice from the Secretary of State to pay the fine or request an evidentiary hearing before an administrative law judge. A If a person who fails to remit fines or request a hearing after the required notice is given and after thirty days from the date of receipt of certified notice has elapsed may be enjoined the Secretary of State may suspend his registration pending final resolution and may bring action before the administrative law judge to enjoin the person from engaging in further charitable solicitation activities in this State and may have its registration suspended pending final resolution. A person may appeal an adverse ruling from an evidentiary hearing to the circuit court. An appeal to the circuit court is governed by the standard of review provided in the Administrative Procedures Act and case law interpreting that provision The decision of the administrative law judge may be appealed as provided in Section 1-23-610."
SECTION 19. Section 39-37-100 of the 1976 Code, as last amended by Act 55 of 1999, is further amended to read:
"Section 39-37-100. The action of the Department of Agriculture in refusing to grant a license or in revoking or suspending a license shall be is subject to review by the court of common pleas in the county in which the aggrieved party resides Administrative Law Court according to its appellate rules as provided in Sections 1-23-380(B) and 1-23-600(D). Any An appeal from the decision of the circuit court shall Administrative Law Court must be taken in the manner provided by the South Carolina Appellate Court Rules."
SECTION 20. Section 41-35-750 of the 1976 Code is amended to read:
"Section 41-35-750. Within the time specified by the South Carolina Administrative Procedures Act thirty days from the date of mailing of the commission's decision, a party to the proceeding whose benefit rights or whose employer account may be affected by the commission's decision may secure judicial review of the decision by commencing an action in the court of common pleas, either in the county in which the employee resides or the county in which he was last employed, against the commission for the review of its decision, in which action every other party to the proceeding before the commission must be made a defendant. In this action a petition, which need not be verified but which must state the grounds upon which a review is sought, must be served upon a member of the commission or upon a person as the commission may designate within the time specified by the South Carolina Rules of Civil Procedure governing these appeals this section. Service is deemed complete service on all parties, but there must be left with the person served as many copies of the petition as there are defendants, and the commission promptly shall mail one copy to each defendant. With its answer the commission shall certify and file with the court all documents and papers and a transcript of all testimony taken in the matter and its findings of fact and decision. The commission also may certify to the court questions of law involved in any decision by the commission. In a judicial proceeding under this chapter, the findings of the commission as to the facts, if supported by evidence and in the absence of fraud, must be conclusive and the jurisdiction of the court must be confined to questions of law. These actions, and the questions so certified, must be heard in a summary manner and must be given precedence over all other civil cases except cases arising under the Workers' Compensation laws of this State. An appeal may be taken from the decision of the court of common pleas in the manner provided by the South Carolina Appellate Court Rules. It is not necessary in a judicial proceeding under this article to enter exceptions to the rulings of the commission, and no bond is required for entering the appeal. Upon the final determination of the judicial proceeding, the commission shall enter an order in accordance with the determination. In no event shall a petition for judicial review act as a supersedeas or stay unless the commission orders a supersedeas or stay."
SECTION 21. Section 43-25-90 of the 1976 Code is amended to read:
"Section 43-25-90. Every A person aggrieved by an action of the commission shall must be granted, upon request, a hearing before a hearing officer assigned by the commission. The hearing officer shall may not be a member of the commission. The hearing officer shall have has the authority to conduct hearings, to issue subpoenas requiring the attendance of witnesses and the production of records and other documents, to administer oaths and to take testimony. An appeal may be taken from the decision of the hearing officer to the Commission for the Blind. The commission shall hold a hearing on the matter which shall must be attended by at least three members. An appeal may be taken from the decision of the commission to the court of common pleas for the county where the appellant resides and the matter shall be heard de novo in the court as a matter of equity Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D). The appellant shall, within ten thirty days after notice of the decision of the commission, shall serve notice of appeal upon the chairman of the commission, stating grounds upon which the appeal is founded and file such the notice with the Clerk of court to which such appeal is taken the Administrative Law Court in accordance with its rules of procedure. Such The appeal shall act acts as a supersedeas until it is finally determined. The clerk of court shall place the case upon the docket for trial."
SECTION 22. Section 45-9-75 of the 1976 Code, as added by Act 423 of 1990, is amended to read:
"Section 45-9-75. The final decision or order of the panel must be in writing and shall must include the findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall must be accompanied by a concise and explicit statement of the underlying facts supporting the findings. The panel must list licenses or permits to be revoked in its order. No finding or conclusion may be included in the order of the panel unless it is supported by substantial evidence in the record before the panel.
The commission must shall send copies of the final order of determination to each party named in the complaint, any all attorney attorneys of record, and any other interested party parties within fifteen days of the conclusion of the hearing.
Notwithstanding any other another provision of law, the determination by the panel is not subject to appeal to the full commission and is the final administrative review action. Any appeal Appeal must be made pursuant to the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D) and then judicial review as provided in Sections 1-23-380 and 1-23-390."
SECTION 23. Section 46-3-220 of the 1976 Code is amended to read:
"Section 46-3-220. Any An order, decision, or other official act which revokes a registration or license issued by the commissioner, may be appealed by any a person concerned to the circuit court of the county of Richland, or the circuit court of the county of residence of the person whose license has been thusly adversely affected. Such appeal may be effected by filing a notice of appeal with the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D) and by serving the commissioner or someone of discretion at his office, within sixty thirty days after receipt of written notice of the order, decision, or official act affecting the registration or license of the person concerned, notice of appeal. The notice of appeal shall state the grounds upon which it is founded. The commissioner, within thirty days after service of the notice of appeal, shall make a return to the circuit court, giving copies of all documents and orders and a transcript of the testimony taken Administrative Law Court as provided in its appellate rules."
SECTION 24. Section 46-9-90(B) of the 1976 Code, as last amended by Act 389 of 1992, is further amended to read:
"(B) The director after opportunity for a hearing may deny, suspend, modify, or revoke a license or certificate for a violation of state or federal law or regulation. In addition to denial, suspension, revocation, or modification of a license or certificate or other penalty set forth in this chapter, the license or certificate holder who violates this chapter or another chapter under the cognizance of the commission may be assessed a civil penalty by the director of not more than one thousand dollars for each violation. Each day a violation continues constitutes a separate violation. The director may suspend a license or certificate against which a civil penalty has been imposed if the license or certificate holder has not satisfied the penalty within thirty days after the license or certificate holder receives notification of the final decision of the director to impose the penalty. The license or certificate holder is entitled to a hearing on the suspension, but the suspension remains in effect pending the hearing and the decision of the director. Matters considered by the hearing officer are limited to whether a duly issued final order of the director existed, whether the license or certificate holder had notice of the final order, and whether the assessed penalty was paid within thirty days of the notice. The filing of a judicial appeal does not act as an automatic stay of enforcement of the civil penalty or of the suspension. A determination by the director is final unless within thirty days after the receipt of the notice of final determination the person adversely affected appeals to the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D). The filing of a judicial appeal does not act as an automatic stay of enforcement of the civil penalty or of the suspension."
SECTION 25. Section 47-4-130(B) of the 1976 Code, as last amended by Act 362 of 1994, is further amended to read:
"(B) The director, after opportunity for a hearing, may deny, suspend, modify, or revoke a permit for a violation of state or federal law or regulation or duly published requirements of the commission. In addition to denial, suspension, revocation, or modification of a permit or other penalties set forth in this chapter, the permittee who violates the provisions in subsection (A) may be assessed a civil penalty by the director of not more than one thousand dollars for each violation. Each day a violation continues constitutes a separate violation. The director may suspend a permit against which a civil penalty has been imposed if the permittee has not satisfied the penalty within thirty days after the permittee receives notification of the final decision of the director to impose the penalty. The permittee is entitled to a hearing on the suspension, but the suspension remains in effect pending the hearing and the decision of the director. Matters considered by the hearing officer are limited to whether a duly issued final order of the director existed, whether the permittee had notice of the final order, and whether the assessed penalty was paid within thirty days of the notice. The filing of a judicial appeal does not act as an automatic stay of enforcement of the civil penalty or of the suspension. A determination by the director is final unless within thirty days after the receipt of the notice of final determination the person adversely affected appeals to the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D). The filing of a judicial appeal does not act as an automatic stay of enforcement of the suspension."
SECTION 26. Section 47-17-50 of the 1976 Code is amended to read:
"Section 47-17-50. (a)(A) Each shipping container of any meat, meat food product, or meat by-product inspected under pursuant to the authority of this article and found to be wholesome and not adulterated, shall must at the time such the product leaves the official establishment, bear, in distinctly legible form, the official inspection mark and the approved plant number of the official establishment in which the contents were processed. Each immediate container of any meat, meat food product, or meat by-product inspected under the authority of this article and found to be wholesome and not adulterated, shall must at the time such the product leaves the official establishment, bear, in addition to the official inspection mark, in distinctly legible form, the name of the product, a statement of ingredients if fabricated from two or more ingredients, including a declaration as to artificial flavors or colors, if any, the net weight or other appropriate measure of the contents, the name and address of the processor, and the approved plant number of the official establishment in which the contents were processed. The name and address of the distributor may be used in lieu of the name and address of the processor if the approved plant number is used to identify the official establishment in which the article was prepared and packed. Each livestock carcass and each primal part of such a the carcass shall bear the official inspection mark and approved plant number of the establishment. The director, may by rules or regulations, may require additional marks or label information to appear on livestock carcasses or its parts thereof, meat food products, or meat by-products when they leave the official establishments or at the time of their transportation or sale in this State, and he may permit reasonable variations and grant exemptions from the marking and labeling requirements of this paragraph in any manner not in conflict with the purposes of this article. Marks and labels required under this paragraph shall may be applied only by, or under the supervision of an inspector.
(b)(B) The use of any written, printed, or graphic matter upon or accompanying any livestock carcass, or part thereof its parts, meat food product, or meat by-product inspected or required to be inspected pursuant to the provisions of this article, or the container thereof, which is false or misleading in any particular is prohibited. No livestock carcasses or its parts, thereof meat food products, or meat by-products inspected or required to be inspected pursuant to the provisions of this article shall may be sold or offered for sale by any a person under any false or deceptive name; but established trade names which are usual to such those articles and which are not false or deceptive and which shall be are approved by the director are permitted. If the director has reason to believe that any a label in use or prepared for use is false or misleading in any particular, he may direct that the use of the label be withheld unless it is modified in such a manner as he may prescribe so that it will not be false or misleading. If the person using or proposing to use the label does not accept the determination of the director, he may request a hearing, but the use of the label, shall, if the director so directs, must be withheld pending hearing and final determination by the director. Any such A determination by the director shall be is conclusive unless within thirty days after the receipt of notice of such the final determination the person adversely affected thereby appeals to the court of common pleas or county court of the county in which he has his principal place of business Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D)."
SECTION 27. Section 47-19-60 of the 1976 Code is amended to read:
"Section 47-19-60. (a)(A) All poultry products inspected at any an official establishment under the authority of this chapter and found to be not adulterated shall, at the time they leave the establishment, must bear in distinctly legible form on their shipping containers and immediate containers, as the director may require, the information required by this chapter. In addition, the director, whenever he determines such action is practicable and necessary for the protection of the public, may require nonconsumer-packaged carcasses at the time they leave the establishment to bear directly thereon in distinctly legible form any information required under by this chapter.
(b)(B) The director, whenever he determines such action is necessary for the protection of the public, may prescribe:
(1) the styles and sizes of type to be used with respect to material required to be incorporated in labeling to avoid false or misleading labeling in marking or otherwise labeling any the articles or poultry subject to this chapter;
(2) definitions and standards of identity or composition for articles subject to this chapter and standards of fill of container for such the articles not inconsistent with any such standards established under the Federal Food, Drug and Cosmetic Act, or under the Federal Poultry Products Inspection Act, and there shall must be consultation between the director and the Secretary of Agriculture of the United States prior to the issuance of such these standards to avoid inconsistency between such standards and the federal standards.
(c)(C) No article subject to this chapter shall may be sold or offered for sale by any a person in intrastate commerce, under any a name or other marking or labeling which is false or misleading or in any a container of a misleading form or size, but established trade names and other marking and labeling and containers which are not false or misleading and which are approved by the director are permitted.
(d)(D) If the director has reason to believe that any the marking or labeling or the size or form of any a container in use or proposed for use with respect to any the article subject to this chapter is false or misleading in any particular, he may direct that such the use be withheld unless the marking, labeling, or container is modified in such a manner as he may prescribe so that it will not be false or misleading. If the person using or proposing to use the marking, labeling, or container does not accept the determination of the director, such the person may request a hearing, but the use of the marking, labeling, or container shall, if the director so directs, must be withheld pending hearing and final determination by the director. Any such A determination by the director shall be is conclusive unless, within thirty days after receipt of notice of such the final determination, the person adversely affected thereby appeals to the court of common pleas for the county in which the person has his principal office or in any county in which he does business Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D)."
SECTION 28. Section 48-20-160 of the 1976 Code, as last amended by Act 8 of 1997, is further amended to read:
"Section 48-20-160. (A) Whenever If the department believes a violation of this chapter, a regulation promulgated under by it, or the terms and conditions of a permit, including the approved reclamation plan, has taken place, it shall serve written notice of that fact upon the operator, specifying the facts constituting the apparent violation and informing the operator of his right to a hearing at a stated time and place. The date for the hearing may not be less than thirty nor more than sixty days after the date of the notice, unless the department and the operator mutually agree on another date. The operator may appear at the hearing, either personally or through counsel, and present evidence he desires in order to prove that no violation has taken place or exists. If the operator or his representative does not appear at the hearing, or if the department following the hearing finds that there has been a violation, the department may suspend the permit until the violation is corrected or may revoke the permit where the violation appears to be wilful.
(B) The effective date of a suspension or revocation is sixty days following the date of the decision. An appeal to the council under pursuant to Section 48-20-190 stays the effective date until the council's decision. A further appeal to the court of common pleas Administrative Law Court under pursuant to Section 48-20-200 stays the effective date until the date of the court judgment administrative law judge's final decision. If the department finds at the time of its initial decision that a delay in correcting a violation may result in imminent peril to life or danger to property or to the environment, it shall initiate promptly a proceeding for injunctive relief under pursuant to Section 48-20-230. The pendency of an appeal from a suspension or revocation of a permit has no effect upon the action.
(C) An operator whose operating permit has been is suspended or revoked must shall be denied a new permit or a reinstatement of the suspended permit to engage in mining until he gives evidence satisfactory to the department of his ability and intent to comply fully with the provisions of this chapter, regulations promulgated under by it, and the terms and conditions of his permit, including the approved reclamation plan, and that he has corrected satisfactorily all deficiencies or previous violations.
(D) A general permit, as provided for in Section 48-20-55, may be revoked or suspended if the operator is cited for violations of this chapter, a regulation promulgated under by it, or the terms and conditions of that general permit. If this authority is suspended or revoked and mining is ordered to be stopped pursuant to Section 48-20-220, the operator whose eligibility to mine under a general permit that has been suspended or revoked must shall be denied further eligibility under that or other general permits or an individual operation permit until satisfactory evidence is presented to the department that the operation intends to comply fully with the provisions of this chapter, regulations promulgated under it, and the terms and conditions of his permit, including satisfactorily correcting all deficiencies or previous violations."
SECTION 29. Section 48-20-190 of the 1976 Code, as last amended by Act 454 of 1990, is further amended to read:
"Section 48-20-190. An applicant for a certificate of exploration or operating permit or a person who is aggrieved and is directly affected by the permit may appeal to the council from a decision or determination of the department issuing, refusing, modifying, suspending, revoking, or terminating a certificate of exploration or operating permit or reclamation plan, or imposing a term or condition on the certificate, permit, or reclamation plan. An explorer or operator may appeal to the council from a decision or determination of the department issuing a notice of deficiencies or violations and administrative fees or assessing civil penalties. The person taking the appeal within thirty days after the department's decision shall give written notice to the council through its secretary that he desires to appeal and filing file a copy of the notice with the department at the same time. If more than one appeal regarding the same certificate, permit, or reclamation plan is filed with the council within the thirty-day period following the decision by the department, the council may consolidate the hearing and review of the appeals by the council. The chairman of the council shall fix a reasonable time, not less than twenty nor more than forty days from the receipt of the appeal, and place for a hearing, giving reasonable notice to the applicant, appellant, and to the department. The council, or a committee of the council designated by the council's rules of procedure, or if agreed by appellant, the council, the operator, and the department, a hearing panel consisting of one or more individuals shall conduct a full and complete hearing as to the matters in controversy, and within thirty days shall give a written decision setting forth its findings of fact and its conclusions. The council or its designated committee or the hearing panel may affirm, affirm with modifications, or overrule the decision of the department and may direct the department to take action required to effectuate its decision. A further appeal may be taken from the appellate decision to the court of common pleas Administrative Law Court as provided in Section 48-20-200."
SECTION 30. Section 48-20-200 of the 1976 Code, as added by Act 454 of 1990, is amended to read:
"Section 48-20-200. An appeal to the courts Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D) may be taken from any decision of the council, or its designated committee or the hearing panel, in the manner provided by Chapter 7 of Title 18. An appeal also may lie against the department's refusal to release part or all of a bond or other security posed under pursuant to Section 48-20-110 as provided in Section 48-20-130. The appeal may be filed in the court of common pleas for Richland County or for the county in which the mining operation is to be conducted."
SECTION 31. Section 48-39-150(D) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(D) Any An applicant having a permit denied or any a person adversely affected by the granting of the permit has the right of direct appeal from the decision of the administrative law judge to the Coastal Zone Management Appellate Panel pursuant to Section 1-23-610. Any An applicant having a permit denied may challenge the validity of any or all reasons given for denial."
SECTION 32. Section 54-3-470 of the 1976 Code is amended to read:
"Section 54-3-470. Any such A person may appeal from any an order, ruling, or requirement of the authority under pursuant to this article to the court of common pleas for Charleston County, to be heard and determined by the presiding judge thereof as if tried de novo before him. The judge shall pass upon and determine the reasonableness of such order, ruling or requirement and such Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D). The appeal shall stay the execution of any an order, ruling, or requirement appealed from. No fines or penalties imposed by the authority shall be are operative or commence to run until the final determination of such the appeal."
SECTION 33. Section 55-5-230 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 55-5-230. Any A person against whom an order has been is entered may appeal within ten thirty days after the service thereof appeal to the circuit court of the county in which the property affected by the order is located Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D) for the purpose of having the reasonableness or lawfulness of the order inquired into and determined."
SECTION 34. Section 55-5-240 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 55-5-240. The person taking the appeal shall file the notice of intention to appeal with the grounds thereof in the office of the Clerk of such circuit court, and summons shall thereupon be issued by the clerk and shall be served with the Administrative Law Court and serve a copy upon on the director or his designee and all other parties of record. Upon the filing of the notice of intention to appeal with the grounds thereof, the appeal shall be docketed for trial no less than ten days or more than thirty days after the service of the summons and shall be tried by the circuit court without formal pleadings in term time or in vacation. Upon trial of the appeal the court shall hear evidence as to matters concerning the order in question, the condition of the property in question and the manner of its operation and appellate review, the administrative law judge shall enter judgment an order either affirming or setting aside the order of the division court; or the court may remand the matter to the division court for further hearing. The filing of the notice of intention to appeal with the grounds thereof shall operate operates as a supersedeas."
SECTION 35. Section 55-5-250 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 55-5-250. If no appeal is taken from the order of the division of aeronautics within the period fixed, the party against whom the order was is entered shall be is deemed to have waived the right to have the reasonableness or lawfulness of the order reviewed by the court Administrative Law Court, and there shall may be no trial of that issue in any a court in which suit may be instituted for the penalty for failure to comply with the order."
SECTION 36. Section 55-8-20 of the 1976 Code is amended to read:
"Section 55-8-20. (a) The agency shall administer and enforce the provisions of this chapter and may promulgate regulations necessary for its administration, which shall become effective pursuant to Sections 1-23-10 et seq Chapter 23, Title 1.
(b) The agency shall provide for hearings upon request of any a person who may be affected by its orders or acts under pursuant to the provisions of this chapter and may provide for a stay thereof until a hearing may be had held.
Any A person aggrieved by any an order or act of the agency hereunder may have judicial appellate review thereof by appeal to the circuit court Administrative Law Court by the filing of written a notice of appeal with the grounds thereof with the agency and the circuit court Administrative Law Court within ten thirty days after the order or act becomes final in accordance with its rules of procedure. The agency shall transmit to the court the original or a certified copy of the entire record of the proceeding under review, including a transcript of any oral testimony taken at the hearing, at the cost of the appellant. By order of court or by stipulation of all parties to the appeal, the record may be shortened by the elimination of any portion thereof. The court Administrative Law Court shall determine whether the filing of the appeal shall operate as a stay of any such an order or act of the agency and the terms of such the stay. The court may, in disposing of the issues before it, affirm, modify or reverse the order or act of the agency in whole or in part and may enter its own order or may reverse and remand the cause for further proceedings by the agency."
SECTION 37. Section 56-5-2952 of the 1976 Code, as last amended by Act 61 of 2003, is further amended to read:
"Section 56-5-2952. The filing fee to request an administrative hearing pursuant to Section 56-5-2951 or 56-1-286 for a person whose driver's license has been suspended for either his refusal to submit to a breath test or registering an alcohol concentration greater than the existing lawful limit, or any other administrative hearing before the Department of Motor Vehicles Division of Motor Vehicle Hearings of the Administrative Law Court, is one hundred fifty dollars, or as otherwise prescribed by the rules of procedure for the Administrative Law Court. Funds generated from the collection of this fee must be used shall be retained by the Office of Administrative Hearings of the Department of Motor Vehicles Administrative Law Court to defray the costs of scheduling and conducting administrative hearings."
SECTION 38. Section 58-5-330 of the 1976 Code is amended to read:
"Section 58-5-330. Within twenty days after an order or decision has been is made by the commission, any party to the action or proceeding may apply for a rehearing in respect as to any matters matter determined in such the action or proceeding and specified in the application for rehearing and a rehearing shall must be granted if in the judgment of the commission sufficient reason therefor be made to appear exists. No cause of action right of appeal arising out of any an order or decision of the commission shall accrue accrues in any court to any corporation or person unless such the corporation or person shall have made makes application to the commission for a rehearing within the time herein specified. Such The application shall must set forth specifically the ground on which the applicant considers such the decision or order to be unlawful. Such The determination shall must be made by the commission within thirty days after it shall be is finally submitted. If, after such the hearing and a consideration of all the facts, including those arising since the making of the order or decision, the commission shall be is of the opinion that the original order or decision, or any part thereof of it, is in any respect unjust or unwarranted or should be changed, the commission may abrogate, change or modify it and, if changed or modified, such the modified order shall must be substituted in the place of the order originally entered and with like force and effect."
SECTION 39. Section 58-5-340 of the 1976 Code is amended to read:
"Section 58-5-340. Decisions A decision of the commission may be reviewed by the court of common pleas Supreme Court or court of appeals as provided by statute and the South Carolina Appellate Court Rules upon questions of both law and fact, as herein provided pursuant to this section. Within thirty days after the application for a rehearing is denied or, if the application is granted, within thirty days after the rendition of the decision on rehearing the applicant may commence an action in the court of common pleas for Richland County against the Commission as defendant to vacate or set aside any such order of the Commission or enjoin the enforcement thereof on the ground that the authorization, consent, rate or rates, charges, fares, tolls and schedules fixed in such order are insufficient, unreasonable, unjust or unlawful or that any such regulation, practice, act or service fixed in such manner is unreasonable, unjust, insufficient or unlawful.
In any such action a copy of the complaint shall be served with the summons and no No order of determination of the commission reducing any rate, fare, charge, or toll shall may be in force during the pendency of such the action if the utility affected shall execute executes and file files with the clerk of said court a bond undertaking in such a sum as the court shall prescribe prescribes, and to be approved by the court, conditioned to secure the refund to customers of any sums sum that may be collected in excess of the rates, fares, charges, or tolls that shall be are finally adjudged to be lawful and valid."
SECTION 40. Section 58-5-990 of the 1976 Code is amended to read:
"Section 58-5-990. Any A gas utility which is or will be adversely affected by any a rule or order of the commission adopted or established pursuant to this article may file an application for rehearing and thereafter may seek judicial review in accordance with provisions of Sections Section 58-5-340 to 58-5-360."
SECTION 41. Section 58-9-1410 of the 1976 Code is amended to read:
"Section 58-9-1410. Any A party in interest being dissatisfied with an order of the commission may commence an action in the court of common pleas for Richland County against the Commission and other interested parties as defendants to vacate or set aside, either in whole or in part, any such order on the ground that the order is unlawful or unreasonable appeal to the Supreme Court or court of appeals as provided by statute and the South Carolina Appellate Court Rules. But no cause of action shall accrue No right of appeal accrues to vacate or set aside, either in whole or in part, any an order of the commission except an order on a rehearing, unless a petition to the commission for a rehearing has been is filed and refused or deemed considered refused because of the commission's failure to act thereon within twenty days. For purposes of jurisdiction the residence of the Commission shall be deemed to be in Richland County."
SECTION 42. Section 58-27-2310 of the 1976 Code is amended to read:
"Section 58-27-2310. Any A party in interest being dissatisfied with an order of the commission may commence an action in any court of competent jurisdiction against the Commission and other interested parties as defendants to vacate or set aside, either in whole or in part, any such order on the ground that the order is unlawful or unreasonable appeal to the Supreme Court or court of appeals as provided by statute and the South Carolina Appellate Court Rules. But no cause of action shall accrue No right of appeal accrues to vacate or set aside, either in whole or in part, any an order of the commission, except an order on a rehearing, unless a petition to the commission for a rehearing has been is filed and refused or deemed considered refused because of the commission's failure to act thereon within twenty days. Any action brought hereunder must be commenced within thirty days from the date of service of notice of the order of the Commission on a rehearing or of its refusal of a petition for rehearing, either by order or failure to act thereon within twenty days."
SECTION 43. Section 59-25-260 of the 1976 Code is amended to read:
"Section 59-25-260. The findings of fact by the State Board of Education shall be are final and conclusive. The A person aggrieved by the order of the State Board of Education, within thirty days thereafter, may appeal to the court of common pleas Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D), to review errors of law only, by filing with the Administrative Law Court and the State Board of Education notice of such appeal and of the grounds thereof. The State Board of Education shall within thirty days thereafter, file a certified copy of the transcript of record with the clerk of such court Administrative Law Court in accordance with its rules of procedure. Any An appeal from the order of the circuit court shall Administrative Law Court must be taken in the manner provided by the South Carolina Appellate Court Rules."
SECTION 44. Section 59-25-830 of the 1976 Code is amended to read:
"Section 59-25-830. The findings of fact by the State Board of Education shall be are final and conclusive as to all parties, but any party thereto may, within thirty days thereafter, may appeal to the court of common pleas of the county in which the appeal arose Administrative Law Court as provided in Sections 1-23-380(B) and Section 1-23-600(D), to review error of law only, by filing with the State Board of Education and the Administrative Law Court notice of the appeal and of the grounds for the appeal. The state board, within thirty days thereafter, shall file a certified copy of the transcript of record with the Clerk of such court Administrative Law Court in accordance with its rules of procedure. Any appeal from the order of the circuit court shall be taken in the manner provided by the South Carolina Appellate Court Rules A party may have judicial review of the decision of the administrative law judge as provided by law."
SECTION 45. Section 59-40-90(D) of the 1976 Code is amended to read:
"(D) A final decision of the state board may be appealed by any party to the circuit court for the county in which the proposed charter school is or was to have located Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D)."
SECTION 46. Section 59-58-120 of the 1976 Code is amended to read:
"Section 59-58-120. Any A person aggrieved by the final decision of the commission in refusing to issue a license or permit, or revoking or suspending a license or permit previously granted, is entitled to the same judicial review under this chapter as provided in the Administrative Procedures Act concerning contested cases appeal the commission's order to the Administrative Law Court in accordance with its appellate rules of procedure."
SECTION 47. Section 44-1-50 of the 1976 Code is amended to read:
"Section 44-1-50. The board may conduct such hearings administrative reviews as may be required by law, as considered necessary by the board to render a final agency determination in matters involving the issuance, denial, renewal or revocation of permits, licenses, or other actions of the department which may give rise to a contested case, and as necessary to hear appeals from decisions of administrative law judges pursuant to Chapter 23 of Title 1.
The board shall provide for the administrative organization of the department and shall consolidate and merge existing duties, functions, and officers of the former agencies as may be necessary for economic and efficient administration. Provided, however, that the board may appoint such advisory boards as it considers necessary to carry out the functions of Sections 44-1-10 to 44-1-70, and there shall be provided a compensation for their services as provided by the law for members of boards and commissions."
SECTION 48. Chapter 1, Title 44 of the 1976 Code is amended by adding:
"Section 44-1-60. (A) All department decisions involving the issuance, denial, renewal, suspension, or revocation of permits, licenses, or other actions of the department which may give rise to a contested case shall be made using the procedures set forth in this section.
(B) The department staff shall comply with all requirements for public notice, receipt of public comments and public hearings before making a department decision. To the maximum extent possible, the department shall use a uniform system of public notice of permit applications, opportunity for public comment and public hearings.
(C) The initial decision involving the issuance, denial, renewal, suspension, or revocation of permits, licenses, or other action of the department shall be a staff decision.
(D) In making a staff decision on any permit, license, certification or other approval, the department staff shall take into consideration all material comments received in response to the public notice in determining whether to issue, deny or condition such permit, license, certification or other approval. At the time that such staff decision is made, the department shall issue a department decision, and shall base its department decision on the administrative record which shall consist of the application and supporting exhibits, all public comments and submissions, and other documents contained in the supporting file for the permit, license, certification or other approval. The administrative record may also include material readily available at the department, or published materials which are generally available and need not be physically included in the same file as the rest of the record as long as such materials are specifically referred to in the department decision. The department decision need not be issued for routine permits for which no adverse public comments have been received.
(E) Notice of the department decision must be sent to the applicant, permittee, licensee, and affected persons who have asked to be notified by certified mail, return receipt requested. The department decision becomes the final agency decision fifteen days after notice of the department decision has been mailed to the applicant, unless a written request for final review is filed with the department by the applicant, permittee, licensee, or affected person.
(F) No later than sixty days after the date of receipt of a request for final review, a final review conference must be conducted by the Board, its designee, or a committee of three members of the Board appointed by the chair. If a final review conference is not conducted within sixty days, the department decision becomes the final agency decision, and an applicant, permittee, licensee, or affected person may request a contested case hearing before the Administrative Law Court, in accordance with the Administrative Procedures Act, within thirty days after the deadline for the final review conference. The department shall set the place, date, and time for the conference; give the applicant and affected persons at least ten days' written notice of the conference; and advise the applicant that evidence may be presented at the conference. The final review conference must be held as follows:
(1) Final review conferences are open to the public; however, the officers conducting the conference may meet in closed session to deliberate on the evidence presented at the conference. The burden of proof in a conference is upon the moving party. During the course of the final review conference, the department must explain the department decision and the materials relied upon in the administrative record to support the department decision. The applicant or affected party shall state the reasons for protesting the department decision and may provide evidence to support amending, modifying, or rescinding the department decision. The department may rebut information and arguments presented by the applicant or affected party and the applicant or affected party may rebut information and arguments presented by the department. Any final review conference officer may request additional information and may question the applicant or affected party, the department, and anyone else providing information at the conference.
(2) After the administrative review, the Board, its designee, or a committee of three members of the Board appointed by the chair shall issue a written final agency decision based upon the evidence presented. The decision may be announced orally at the conclusion of the administrative review or it may be reserved for consideration. The written decision must explain the bases for the decision and inform the parties of their right to request a contested case hearing before the Administrative Law Court. In either event, the written decision must be mailed to the parties no later than thirty days after the date of the administrative review. Within thirty days after the receipt of the decision an applicant, permittee, licensee, or affected person desiring to contest the final agency decision may request a contested case hearing before the Administrative Law Court, in accordance with the Administrative Procedures Act. The court shall give consideration to the provisions of Section 1-23-330 regarding the department's specialized knowledge.
(3) Prior to the initiation of the final conference, an applicant, permittee, licensee, or affected person must be notified of their right to request a transcript of the proceedings of the final conference. If a transcript is requested, the applicant, permittee, licensee, or affected person making the request must be responsible for all costs.
(G) Applicants, permittees, licensees, and affected persons are encouraged to engage in mediation during the final agency review process.
(H) The department may promulgate regulations providing for procedures for final administrative reviews.
(I) Any statutory deadlines applicable to permitting and licensing programs administered by the Department shall be extended to allow for this final review process."
SECTION 49. This act is intended to provide a uniform procedure for contested cases and appeals from administrative agencies and to the extent that a provision of this act conflicts with an existing statute or regulation, the provisions of this act are controlling.
SECTION 50. Sections 58-5-350, 58-5-360, 58-9-1420, 58-9-1440, 58-9-1460, 58-9-1470, 58-9-1480, and 58-27-2330 of the 1976 Code are repealed.
SECTION 51. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 52. If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 53. This act takes effect upon approval by the Governor and applies to any actions pending on or after the effective date of the act. No pending or vested right, civil action, special proceeding, or appeal of a final administrative decision exists under the former law as of the effective date of this act, except for appeals of Ocean and Coastal Resource Management permits that are before the Administrative Law Court on the effective date of this act. For those actions only, the department shall hear appeals from the administrative law judges in accordance with the former law. Thereafter, any appeal of those actions shall proceed as provided in this act for review. For all other actions pending on the effective date of this act, the action proceeds as provided in this act for review. /
Senator LEVENTIS explained the amendment.
The amendment was adopted.
Senator HUTTO proposed the following amendment (MS\ 7422AHB06), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
Administrative Procedures
SECTION 1. Section 1-13-90(c)(19) of the 1976 Code is amended to read:
"(19)(i) If an application for review is made to the commission within fourteen days from the date the order of the commission is given, the commission, for good cause shown, shall review the order and evidence, receive further evidence, rehear the parties or their representatives, and, if proper, amend the order.
(ii) The order of the commission, as provided in item (16) of subsection (c) of this section, if not reviewed in due time, or an order of the commission upon review, as provided for in subitem (i) of item (19) of this subsection, is conclusive and binding as to all questions of fact unless clearly erroneous in view of the reliable, probative, and substantive evidence in the whole record. Either party to the dispute , within thirty days after receipt of notice to be sent by registered mail of the order may appeal the decision of the commission to the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D). In case of an appeal from the decision of the commission, the appeal operates as a supersedeas for thirty days only, unless otherwise ordered by the administrative law judge, and the respondent is required to comply with the order involved in the appeal or certification until the questions at issue are fully determined in accordance with the provisions of this chapter.
(iii) The commission may institute a proceeding for enforcement of its order of item (16) of subsection (c) of this section, or its amended order of subitem (i) of item (19) of this subsection after thirty days from the date of the order, by filing a notice of appeal in the court of common pleas of the county in which the hearing occurred, or where a person required in the order to cease and desist from a practice which is the subject of the commission's order, or to take other affirmative action, resides, or transacts business.
If no appeal pursuant to subitem (ii) of item (19) of this subsection is initiated, the commission may obtain a decree of the court for enforcement of its order upon a showing that a copy of the petition for enforcement was served upon the party subject to the dictates of the commission's order."
SECTION 2. Section 1-23-320 of the 1976 Code, as last amended by Act 202 of 2004, is further amended by adding the following new lettered subsection to read:
"(j) Unless otherwise provided by law, the standard of proof in a contested case is by a preponderance of the evidence."
SECTION 3. Section 1-23-380 of the 1976 Code is amended to read:
"Section 1-23-380. (A) A party who has exhausted all administrative remedies available within the agency and who is aggrieved by a final decision in a contested case is entitled to judicial review under this article, Article 1, and Article 5. This section does not limit utilization of or the scope of judicial review available under other means of review, redress, relief, or trial de novo provided by law. A preliminary, procedural, or intermediate agency action or ruling is immediately reviewable if review of the final agency decision would not provide an adequate remedy. Except as otherwise provided by law, an appeal is to the court of appeals.
(1) Proceedings for review are instituted by serving and filing notice of appeal as provided in the South Carolina Appellate Court Rules within thirty days after the final decision of the agency or, if a rehearing is requested, within thirty days after the decision is rendered. Copies of the notice of appeal must be served upon the agency, the Administrative Law Court, and all parties of record.
(2) Except as otherwise provided in this chapter, the serving and filing of the notice of appeal does not itself stay enforcement of the agency decision. The serving and filing of a notice of appeal by a licensee for review of a fine or penalty or of its license stays only those provisions for which review is sought and matters not affected by the notice of appeal are not stayed. The serving or filing of a notice of appeal does not automatically stay the suspension or revocation of a permit or license authorizing the sale of beer, wine, or alcoholic liquor. The agency or administrative law judge may grant, or the reviewing court may order, a stay upon appropriate terms, upon the filing of a petition under Rule 65 of the South Carolina Rules of Civil Procedure.
(3) If a timely application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the agency, the court may order that the additional evidence be taken before the agency upon conditions determined by the court. The agency may modify its findings and decision by reason of the additional evidence and shall file the evidence and modifications, new findings, or decisions with the reviewing court.
(4) The review must be conducted by the court and must be confined to the record. In cases of alleged irregularities in procedure before the agency or the Administrative Law Court, not shown in the record, and established by proof satisfactory to the court, the case may be remanded to the agency or the Administrative Law Court for action as the court considers appropriate.
(5) The court may not substitute its judgment for the judgment of the agency as to the weight of the evidence on questions of fact. The court may affirm the decision of the agency or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:
(a) in violation of constitutional or statutory provisions;
(b) in excess of the statutory authority of the agency;
(c) made upon unlawful procedure;
(d) affected by other error of law;
(e) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(f) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(B) Review by an administrative law judge of a final decision in a contested case, heard in the appellate jurisdiction of the Administrative Law Court, must be in the same manner prescribed in subsection (A) for judicial review of final agency decisions, with the presiding administrative law judge exercising the same authority as the court of appeals; provided, that a party aggrieved by a final decision of an administrative law judge is entitled to judicial review of that decision by the court of appeals pursuant to the provisions of subsection (A) and Section 1-23-610(C)."
SECTION 4. Section 1-23-390 of the 1976 Code is amended to read:
"Section 1-23-390. An aggrieved party may obtain a review of a final judgment of the circuit court or the court of appeals pursuant to this article by taking an appeal in the manner provided by the South Carolina Appellate Court Rules as in other civil cases."
SECTION 5. Section 1-23-600 of the 1976 Code, as last amended by Act 202 of 2004, is further amended to read:
"Section 1-23-600. (A) A full and complete record must be kept of all contested cases and regulation hearings before an administrative law judge. All testimony must be reported, but need not be transcribed unless a transcript is requested by any party. The party requesting a transcript is responsible for the costs involved. Proceedings before administrative law judges are open to the public unless confidentiality is allowed or required by law. The presiding administrative law judge must render the decision in a written order. The decisions or orders of administrative law judges are not required to be published but are available for public inspection unless confidentiality is allowed or required by law.
(B) An administrative law judge shall preside over all hearings of contested cases as defined in Section 1-23-310 or Article I, Section 22, Constitution of the State of South Carolina, 1895, involving the departments of the executive branch of government as defined in Section 1-30-10 in which a single hearing officer, or an administrative law judge, is authorized or permitted by law or regulation to hear and decide these cases, except those arising under the Occupational Safety and Health Act, those matters which are otherwise provided for in Title 56, those matters arising under the Consolidated Procurement Code, those matters heard by the Public Service Commission, the Employment Security Commission, the Workers' Compensation Commission, or other cases or hearings which are prescribed for or mandated by federal law or regulation, unless otherwise by statute or regulation specifically assigned to the jurisdiction of the Administrative Law Court.
(C) All requests for a hearing before the Administrative Law Court must be filed in accordance with the court's rules of procedure. Any party that files a request for a hearing with the Administrative Law Court must simultaneously serve a copy of the request on the affected agency. Upon the filing of the request, the chief judge shall assign an administrative law judge to the case.
(D) An administrative law judge also shall preside over all appeals from final decisions of contested cases pursuant to the Administrative Procedures Act, Article I, Section 22, Constitution of the State of South Carolina, 1895, or another law, except that an appeal from a final order of the Public Service Commission and the State Ethics Commission is to the Supreme Court or the court of appeals as provided in the South Carolina Appellate Court Rules, an appeal from the Procurement Review Panel is to the circuit court as provided in Section 11-35-4410, an appeal from the Workers' Compensation Commission is to the circuit court as provided in Section 42-17-60, and an appeal from the Employment Security Commission is to the circuit court as provided in Section 41-35-750.
(E) Notwithstanding another provision of law, a state agency authorized by law to seek injunctive relief may apply to the Administrative Law Court for injunctive or equitable relief pursuant to Section 1-23-630. The provisions of this section do not affect the authority of an agency to apply for injunctive relief as part of a civil action filed in the court of common pleas.
(F) Notwithstanding another provision of law, the Administrative Law Court has jurisdiction to review and enforce an administrative process issued by a department of the executive branch of government, as defined in Section 1-30-10, such as a subpoena, administrative search warrant, cease and desist order, or other similar administrative order or process. A department of the executive branch of government authorized by law to seek an administrative process may apply to the chief administrative law judge or his designee to issue or enforce an administrative process. A party aggrieved by an administrative process issued by a department of the executive branch of government may apply to the chief administrative law judge for relief from the process as provided in the Rules of the Administrative Law Court.
(G)(1) This subsection applies to timely requests for a contested case hearing pursuant to this section of decisions by departments governed by a board or commission authorized to exercise the sovereignty of the State.
(2) A request for a contested case hearing for an agency order stays the order. A request for a contested case hearing for an order to revoke or suspend a license stays the revocation or suspension. A request for a contested case hearing for a decision to renew a license for an ongoing activity stays the renewed license, the previous license remaining in effect pending completion of administrative review. A request for a contested case hearing for a decision to issue a new license stays all actions for which the license is a prerequisite; matters not affected by the request may not be stayed by the filing of the request. Requests for contested case hearings challenging only the amount of fines or penalties must be deemed not to affect those portions of orders imposing substantive requirements.
(3) The general rule of subsection (F)(2) does not stay emergency actions taken by an agency pursuant to an applicable statute or regulation.
(4) After a contested case is initiated before the Administrative Law Court, any party may move before the presiding administrative law judge to lift the stay imposed pursuant to this subsection.
(5) A final decision issued by the Administrative Law Court in a contested case may not be stayed except by order of the Administrative Law Court, the court of appeals, or in cases when Section 1-23-610(A) applies, the appropriate board or commission.
(6) Nothing contained in this subsection constitutes a limitation on the authority of the Administrative Law Court to impose a stay as otherwise provided by statute or by rule of court."
SECTION 6. Section 1-23-610 of the 1976 Code is amended to read:
"Section 1-23-610. (A) For quasi-judicial review of any final decision of an administrative law judge of cases involving departments governed by a board or commission authorized to exercise the sovereignty of the State, except the Department of Natural Resources and the Department of Health and Environmental Control, a petition by an aggrieved party must be filed with the appropriate board or commission and served on the opposing party not more than thirty days after the party receives the final decision and order of the administrative law judge. Appeal in these matters is by right. A party aggrieved by a final decision of a board in such a case is entitled to judicial review of that decision by the Court of Appeals under the provisions of (A) of this section.
(B) For judicial review of a final decision of an administrative law judge of cases in which review is not governed by subsection (A), including cases involving the Department of Natural Resources and the Department of Health and Environmental Control, a notice of appeal by an aggrieved party must be served and filed with the Court of Appeals as provided in the South Carolina Appellate Court Rules in civil cases and served on the opposing party not more than thirty days after the party receives the final decision and order of the administrative law judge. Appeal in these matters is by right.
(C) The review of the administrative law judge's order must be confined to the record. The reviewing tribunal may affirm the decision or remand the case for further proceedings; or it may reverse or modify the decision if the substantive rights of the petitioner has been prejudiced because of the finding, conclusion, or decision is:
(a) in violation of constitutional or statutory provisions;
(b) in excess of the statutory authority of the agency;
(c) made upon unlawful procedure;
(d) affected by other error of law;
(e) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(f) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(D) Where appropriations in the annual general appropriations act, or where fees, fines, forfeitures, or revenues imposed or collected by agencies or commissions were required to be used for the hearing of contested cases, these appropriations or monies must continue to be used for these purposes after the effective date of this article."
SECTION 7. Section 1-23-650 of the 1976 Code is amended to read:
"Section 1-23-650. (A) Rules governing the internal administration and operations of the Administrative Law Court must be:
(1) proposed by the chief judge of the court and adopted by a majority of the judges of the court; or
(2) proposed by any judge of the court and adopted by seventy-five percent of the judges of the court.
(B) Rules governing practice and procedure before the court which are:
(1) consistent with the rules of procedure governing civil actions in courts of common pleas; and
(2) not otherwise expressed in Chapter 23 , Title 1; upon approval by a majority of the judges of the court must be promulgated by the court and are subject to review as are rules of procedure promulgated by the Supreme Court under Article V of the Constitution.
(C) All hearings before an administrative law judge must be conducted exclusively in accordance with the rules of procedure promulgated by the court pursuant to this section. All other rules of procedure for the hearing of contested cases or appeals by individual agencies, whether promulgated by statute or regulation, are of no force and effect in proceedings before an administrative law judge."
SECTION 8. Section 1-23-660 of the 1976 Code, as last amended by Act 128 of 2005, is further amended to read:
"Section 1-23-660. There is created within the Administrative Law Court the Division of Motor Vehicle Hearings. The Chief Judge of the Administrative Law Court shall serve as the Director of the Division of Motor Vehicle Hearings. The duties, functions, and responsibilities of all hearing officers and associated staff of the Department of Motor Vehicles are devolved upon the Administrative Law Court effective January 1, 2006. The hearing officers and staff positions, together with the appropriations relating to these positions, are transferred to the Division of Motor Vehicle Hearings of the Administrative Law Court on January 1, 2006. The hearing officers and staff shall be appointed, hired, contracted, and supervised by the Chief Judge of the court and shall continue to exercise their present Department of Motor Vehicle functions, duties, and responsibilities under the auspices of the Administrative Law Court as directed by the Chief Judge and shall perform such other functions and duties as the Chief Judge of the court shall prescribe. All employees of the division shall serve at the will of the Chief Judge. The Chief Judge is solely responsible for the administration of the division, the assignment of cases, and the administrative duties and responsibilities of the hearing officers and staff. Notwithstanding the foregoing, and in addition to the assistant provided for in Section 1-23-580(B), the Administrative Law Court must hire and supervise a law clerk or other assistant solely to assist the judges who hear Department of Motor Vehicle Hearing appeals with the administration of those appeals. The law clerk or other assistant must be selected by a majority of the judges who hear Department of Motor Vehicle Hearing appeals. The position must be funded from the appropriations to hear cases from the Department of Motor Vehicles and shall be filled before the support staff of the division shall assume their functions and duties with the court.
The Budget and Control Board shall assist with all necessary actions to be taken to accomplish this transfer in consultation with the agency head of the transferring and receiving agencies.
Notwithstanding another provision of law, the hearing officers shall conduct hearings in accordance with Chapter 23 of Title 1, the Administrative Procedures Act, and the rules of procedure for the Administrative Law Court, at suitable locations as determined by the Chief Judge. The Department of Motor Vehicles shall continue to provide the existing locations within their facilities for such hearings as prescribed by the Chief Judge. The hearing officers are bound by the Code of Judicial Conduct, as contained in Rule 501 of the South Carolina Appellate Court Rules. Appeals from decisions of the hearing officers must be taken to the Administrative Law Court pursuant to the court's appellate rules of procedure. The Chief Judge shall not hear any appeals from these decisions. Nonetheless, the Chief Judge is not disqualified from, and remains responsible for, adjudicating cases under Section 1-23-600."
SECTION 9. Section 8-13-320(10)(m) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(m) Within ten days after service of an order, report, or recommendation, a respondent may apply to the commission for a full commission review of the decision made by the commission panel. The review must be made on the record established in the panel hearings. This review is the final disposition of the complaint before the commission. An appeal to the court of appeals, pursuant to Section 1-23-380 and as provided in the South Carolina Appellate Court Rules, stays all actions and recommendations of the commission unless otherwise determined by the court."
SECTION 10. Section 8-17-340(F) of the 1976 Code, as last amended by Act 284 of 1996, is further amended to read:
"(F) The decision of the committee members must be transmitted in writing to the employee and the employing agency and is final in terms of administrative review. As a result of this decision, either the covered employee or the agency may request a rehearing or reconsideration within thirty calendar days from receipt of the decision. A notice of appeal seeking appellate review of the final decision may be made by the covered employee to the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D). Only after an agency submits a written request to the Office of Human Resources seeking approval of the board may the agency file a notice of appeal seeking appellate review to the Administrative Law Court. However, the agency may perfect the appeal only upon approval of the board. The covered employee or the agency who first files the notice of appeal seeking appellate review is responsible for preparation of a transcript and paying the costs of preparation of a transcript of the audio tapes of a hearing required for certification of the record to the Administrative Law Court. Neither the board nor the Office of Human Resources nor the State Human Resources Director nor the committee may be named in this notice of appeal. However, any of these entities are entitled to make a motion in the Administrative Law Court to be allowed to intervene to participate in the appeal for appropriate reasons including their interest in defending their policies."
SECTION 11. Section 9-21-70 of the 1976 Code, as added by Act 12 of 2003, is amended to read:
"Section 9-21-70. A claimant may appeal a final decision of the Administrative Law Court in a case brought pursuant to this chapter to the court of appeals pursuant to Section 1-23-380 and the South Carolina Appellate Court Rules. If a claimant brings an action covered by this chapter in the court of common pleas, the court must dismiss the case without prejudice."
SECTION 12. Section 11-35-4410 of the 1976 Code, as last amended by Act 153 of 1997, is further amended to read:
"Section 11-35-4410. (1) Creation. There is created the South Carolina Procurement Review Panel which is charged with the responsibility to review and determine de novo:
(a) requests for review of written determinations of the chief procurement officers pursuant to Sections 11-35-4210 (6), 11-35-4220 (5), and 11-35-4230 (6); and
(b) requests for review of other written determinations, decisions, policies, and procedures arising from or concerning the procurement of supplies, services, or construction procured in accordance with the provisions of this code and the ensuing regulations; provided that any matter which could have been brought before the chief procurement officers in a timely and appropriate manner pursuant to Sections 11-35-4210, 11-35-4220, or 11-35-4230, but was not, are not the subject of review under this paragraph. Requests for review pursuant to this paragraph must be submitted to the Procurement Review Panel in writing, setting forth the grounds, within fifteen days of the date of such written determinations, decisions, policies, and procedures.
(2) Membership. The panel shall be composed of:
(a) [Deleted]
(b) [Deleted]
(c) [Deleted]
(d) the chairman, or his designee, of the Procurement Policy Committee;
(e) five members appointed by the Governor from the state at large who must be representative of the professions governed by this title including, but not limited to:
(i) goods and services;
(ii) information technology procurements;
(iii) construction;
(iv) architects and engineers;
(v) construction management; and
(vi) land surveying services;
(f) two state employees appointed by the Governor.
(3) Chairperson and Meetings. The panel shall elect a chairman from the members at large and shall meet as often as necessary to afford a swift resolution of the controversies submitted to it. Five members present and voting shall constitute a quorum. At-large members of the panel must be paid per diem, mileage, and subsistence as provided by law for members of boards, commissions, and committees. State employee members must be reimbursed for meals, lodging, and travel in accordance with current state allowances.
(4) Jurisdiction.
(a) Notwithstanding the provisions of Chapter 23, Title 1 or another provision of law, the Administrative Procedures Act does not apply to administrative reviews conducted by either a chief procurement officer or the Procurement Review Panel. The Procurement Review Panel is vested with the authority to:
(i) establish its own rules and procedures for the conduct of its business and the holding of its hearings;
(ii) issue subpoenas;
(iii) interview any person it considers necessary; and
(iv) record all determinations.
(b) A party aggrieved by a subpoena issued pursuant to this provision shall apply to the panel for relief.
(5) Procedure. Within fifteen days of receiving a grievance filed under Sections 11-35-4210(6), 11-35-4220(5), 11-35-4230(6), or 11-35-4410(1)(b), the chairman shall convene the review panel to conduct an administrative review. The review panel shall record its determination within thirty days and shall communicate its decision to those involved in the determination. In the alternative, the chairman, within ten days, may appoint a hearing officer to conduct the administrative review and report his recommendations to the review panel for its determination. If a hearing officer is appointed, his report must be submitted to the review panel within ten days after his appointment, and the review panel must still record its decision within thirty days after being convened for this purpose.
(6) Finality. Notwithstanding any other provision of law, including the Administrative Procedures Act, the decision of the Procurement Review Panel is final as to administrative review and may be appealed only to the circuit court. The standard of review is as provided by the provisions of the South Carolina Administrative Procedures Act. The filing of an appeal does not automatically stay a decision of the panel."
SECTION 13. Section 12-60-3370 of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"Section 12-60-3370. Except as otherwise provided, a taxpayer shall pay, or post a bond for, all taxes, not including penalties or civil fines, determined to be due by the administrative law judge before appealing the decision to the court of appeals. For property tax cases covered by Section 12-60-2140 or 12-60-2550, the taxpayer need pay only the amount assessed pursuant to the appropriate section."
SECTION 14. Section 12-60-3380 of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"Section 12-60-3380. Except as otherwise provided in this chapter, a party may appeal a decision of the Administrative Law Court to the court of appeals. Appeal of a decision of the Administrative Law Court must be made in accordance with Section 1-23-610(B)."
SECTION 15. Section 12-60-3390 of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"Section 12-60-3390. If a taxpayer brings an action covered by this chapter in circuit court, the circuit court shall dismiss the case without prejudice."
SECTION 16. Section 14-8-200 of the 1976 Code, as last amended by Act 55 of 1999, is further amended to read:
"Section 14-8-200. (A) Except as limited by subsection (B) and Section 14-8-260, the court has jurisdiction over any case in which an appeal is taken from an order, judgment, or decree of the circuit court, family court, a final decision of an agency, or a final decision of an administrative law judge. This jurisdiction is appellate only, and the court shall apply the same scope of review that the Supreme Court would apply in a similar case. The court has the same authority to issue writs of supersedeas, grant stays, and grant petitions for bail as the Supreme Court would have in a similar case. The court, to the extent the Supreme Court may by rule provide for it to do so, has jurisdiction to entertain petitions for writs of certiorari in post-conviction relief matters pursuant to Section 17-27-100.
(B) Jurisdiction of the court does not extend to appeals of the following, the appeal from which lies of right directly to the Supreme Court:
(1) a final judgment from the circuit court which includes a sentence of death;
(2) a final decision of the Public Service Commission setting public utility rates pursuant to Title 58;
(3) a final judgment involving a challenge on state or federal grounds, to the constitutionality of a state law or county or municipal ordinance where the principal issue is one of the constitutionality of the law or ordinance; however, in a case where the Supreme Court finds that the constitutional question raised is not a significant one, the Supreme Court may transfer the case to the court for final judgment;
(4) a final judgment from the circuit court involving the authorization, issuance, or proposed issuance of general obligation debt, revenue, institutional, industrial, or hospital bonds of the State, its agencies, political subdivisions, public service districts, counties, and municipalities, or any other indebtedness authorized by Article X of the Constitution of this State;
(5) a final judgment from the circuit court pertaining to elections and election procedure;
(6) an order limiting an investigation by a state grand jury pursuant to Section 14-7-1630; and
(7) an order of the family court relating to an abortion by a minor pursuant to Section 44-41-33."
SECTION 17. Section 31-21-130(O) of the 1976 Code is amended to read:
"(O)(1) If an application for review is made to the commission within fourteen days from the date of the order of the commission, the commission, for good cause shown, shall review the order and evidence, receive further evidence, rehear the parties or their representatives, and, if proper, amend the order.
(2) The order of the commission, as provided in subsection (L), if not reviewed in due time, or an order of the commission upon the review, as provided for in item (1), is conclusive and binding as to all questions of fact unless clearly erroneous in view of the reliable, probative, and substantive evidence in the whole record. Either party to the dispute, within thirty days after receipt of notice to be sent by registered mail of the order, but not after that time, may appeal from the decision of the commission to the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D). In case of an appeal from the decision of the commission, the appeal operates as a supersedeas for thirty days only, unless otherwise ordered by the administrative law judge, and after that the respondent is required to comply with the order involved in the appeal or certification until the questions at issue in it are determined fully in accordance with the provisions of this chapter.
(3) The commission may institute a proceeding for enforcement of its order of subsection (L), or its amended order of item (1) after thirty days from the date of the order, by filing a petition in the court of common pleas of the county in which the hearing occurred, or where a person against whom the order is entered resides or transacts business.
(4) If no appeal pursuant to item (2) is initiated, the commission may obtain a decree of the court for enforcement of its order upon a showing that a copy of the petition for enforcement was served upon the party subject to the dictates of the commission's order."
SECTION 18. Section 33-56-140(C) of the 1976 Code is amended to read:
"(C) In addition to other actions authorized by law, the Secretary of State, if he has reason to believe that one or more of the following acts or violations listed below has occurred or may occur, may bring an action before an administrative law judge to enjoin the charitable organization, professional fundraising counsel, professional solicitor, commercial co-venturer, or other person from continuing the act or violation, or committing other acts in furtherance of it, and for other relief as the court considers appropriate:
(1) a person knowingly and wilfully operates in violation of the provisions of this chapter;
(2) a person knowingly and wilfully makes a false statement in any registration application, statement, report, or other information required to be filed by this chapter;
(3) a person fails to file a registration statement, annual financial report, or other document required to be filed by this chapter;
(4) a person is using in the solicitation or collection of contributions any device, scheme, or artifice to defraud or to obtain money or property by means of false pretense, representation, or promise;
(5) the officers or representatives of a charitable organization, professional fundraising counsel, professional solicitor, or commercial co-venturer refuse or fail, after notice, to produce records of the organization; or
(6) the funds raised by solicitation activities are not devoted to the charitable purposes of the charitable organization."
SECTION 19. Section 33-56-140(E) of the 1976 Code is amended to read:
"(E) A person who is assessed an administrative fine, has had his registration suspended, or who is denied registration has thirty days from receipt of certified notice from the Secretary of State to pay the fine or request an evidentiary hearing before an administrative law judge. If a person fails to remit fines or request a hearing after the required notice is given and after thirty days from the date of receipt of certified notice has elapsed the Secretary of State may suspend his registration pending final resolution and may bring action before the administrative law judge to enjoin the person from engaging in further charitable solicitation activities in this State. The decision of the administrative law judge may be appealed as provided in Section 1-23-610."
SECTION 20. Section 39-37-100 of the 1976 Code, as last amended by Act 55 of 1999, is further amended to read:
"Section 39-37-100. The action of the Department of Agriculture in refusing to grant a license or in revoking or suspending a license is subject to review by the Administrative Law Court according to its appellate rules as provided in Sections 1-23-380(B) and 1-23-600(D). An appeal from the decision of the Administrative Law Court must be taken in the manner provided by the South Carolina Appellate Court Rules."
SECTION 21. Section 41-35-750 of the 1976 Code, as last amended by Act 203 of 2002, is further amended to read:
"Section 41-35-750. Within thirty days from the date of mailing of the commission's decision, a party to the proceeding whose benefit rights or whose employer account may be affected by the commission's decision may secure judicial review of the decision by commencing an action in the court of common pleas, either in the county in which the employee resides or the county in which he was last employed, against the commission for the review of its decision, in which action every other party to the proceeding before the commission must be made a defendant. In this action a petition, which need not be verified but which must state the grounds upon which a review is sought, must be served upon a member of the commission or upon a person as the commission may designate within the time specified by this section. Service is deemed complete service on all parties, but there must be left with the person served as many copies of the petition as there are defendants, and the commission promptly shall mail one copy to each defendant. With its answer the commission shall certify and file with the court all documents and papers and a transcript of all testimony taken in the matter and its findings of fact and decision. The commission also may certify to the court questions of law involved in any decision by the commission. In a judicial proceeding under this chapter, the findings of the commission as to the facts, if supported by evidence and in the absence of fraud, must be conclusive and the jurisdiction of the court must be confined to questions of law. These actions, and the questions so certified, must be heard in a summary manner and must be given precedence over all other civil cases except cases arising under the Workers' Compensation laws of this State. An appeal may be taken from the decision of the court of common pleas in the manner provided by the South Carolina Appellate Court Rules. It is not necessary in a judicial proceeding under this article to enter exceptions to the rulings of the commission, and no bond is required for entering the appeal. Upon the final determination of the judicial proceeding, the commission shall enter an order in accordance with the determination. In no event shall a petition for judicial review act as a supersedeas or stay unless the commission orders a supersedeas or stay."
SECTION 22. Section 43-25-90 of the 1976 Code is amended to read:
"Section 43-25-90. A person aggrieved by an action of the commission must be granted, upon request, a hearing before a hearing officer assigned by the commission. The hearing officer may not be a member of the commission. The hearing officer has the authority to conduct hearings, to issue subpoenas requiring the attendance of witnesses and the production of records and other documents, to administer oaths and to take testimony. An appeal may be taken from the decision of the hearing officer to the Commission for the Blind. The commission shall hold a hearing on the matter which must be attended by at least three members. An appeal may be taken from the decision of the commission to the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D). The appellant, within thirty days after notice of the decision of the commission, shall serve notice of appeal upon the chairman of the commission, stating grounds upon which the appeal is founded and file the notice with the Administrative Law Court in accordance with its rules of procedure. The appeal acts as a supersedeas until it is finally determined."
SECTION 23. Section 45-9-75 of the 1976 Code, as added by Act 423 of 1990, is amended to read:
"Section 45-9-75. The final decision or order of the panel must be in writing and must include the findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, must be accompanied by a concise and explicit statement of the underlying facts supporting the findings. The panel must list licenses or permits to be revoked in its order. No finding or conclusion may be included in the order of the panel unless it is supported by substantial evidence in the record before the panel.
The commission shall send copies of the final order of determination to each party named in the complaint, all attorneys of record, and other interested parties within fifteen days of the conclusion of the hearing.
Notwithstanding another provision of law, the determination by the panel is not subject to appeal to the full commission and is the final administrative action. Appeal must be to the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D) and then judicial review as provided in Sections 1-23-380 and 1-23-390."
SECTION 24. Section 46-3-220 of the 1976 Code is amended to read:
"Section 46-3-220. An order, decision, or other official act which revokes a registration or license issued by the commissioner, may be appealed by a person concerned by filing a notice of appeal with the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D) and by serving the commissioner or someone of discretion at his office, within thirty days after receipt of written notice of the order, decision, or official act affecting the registration or license of the person concerned. The commissioner, within thirty days after service of the notice of appeal, shall make a return to the Administrative Law Court as provided in its appellate rules."
SECTION 25. Section 46-9-90(B) of the 1976 Code, as last amended by Act 39 of 2005, is further amended to read:
"(B) The director after opportunity for a hearing may deny, suspend, modify, or revoke a license or certificate for a violation of state or federal law or regulation. In addition to denial, suspension, revocation, or modification of a license or certificate or other penalty set forth in this chapter, any person subject to this chapter who violates this chapter or another chapter under the cognizance of the commission may be assessed a civil penalty by the director of not more than one thousand dollars for each violation. Each day a violation continues constitutes a separate violation. The director may suspend a license or certificate against which a civil penalty has been imposed if the license or certificate holder has not satisfied the penalty within thirty days after the license or certificate holder receives notification of the final decision of the director to impose the penalty. The license or certificate holder is entitled to a hearing on the suspension, but the suspension remains in effect pending the hearing and the decision of the director. Matters considered by the hearing officer are limited to whether a duly issued final order of the director existed, whether the license or certificate holder had notice of the final order, and whether the assessed penalty was paid within thirty days of the notice. A determination by the director is final unless within thirty days after the receipt of the notice of final determination the person adversely affected appeals to the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D). The filing of a judicial appeal does not act as an automatic stay of enforcement of the civil penalty or of the suspension."
SECTION 26. Section 47-4-130(B) of the 1976 Code, as added by Act 362 of 1994, is amended to read:
"(B) The director, after opportunity for a hearing, may deny, suspend, modify, or revoke a permit for a violation of state or federal law or regulation or duly published requirements of the commission. In addition to denial, suspension, revocation, or modification of a permit or other penalties set forth in this chapter, the permittee who violates the provisions in subsection (A) may be assessed a civil penalty by the director of not more than one thousand dollars for each violation. Each day a violation continues constitutes a separate violation. The director may suspend a permit against which a civil penalty has been imposed if the permittee has not satisfied the penalty within thirty days after the permittee receives notification of the final decision of the director to impose the penalty. The permittee is entitled to a hearing on the suspension, but the suspension remains in effect pending the hearing and the decision of the director. Matters considered by the hearing officer are limited to whether a duly issued final order of the director existed, whether the permittee had notice of the final order, and whether the assessed penalty was paid within thirty days of the notice. A determination by the director is final unless within thirty days after the receipt of the notice of final determination the person adversely affected appeals to the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D). The filing of a judicial appeal does not act as an automatic stay of enforcement of the suspension."
SECTION 27. Section 47-17-50 of the 1976 Code is amended to read:
"Section 47-17-50. (A) Each shipping container of meat, meat food product, or meat by-product inspected pursuant to the authority of this article and found to be wholesome and not adulterated, must at the time the product leaves the official establishment, bear in distinctly legible form, the official inspection mark and the approved plant number of the official establishment in which the contents were processed. Each immediate container of meat, meat food product, or meat by-product inspected under the authority of this article and found to be wholesome and not adulterated, must at the time the product leaves the official establishment, bear in addition to the official inspection mark in distinctly legible form, the name of the product, a statement of ingredients if fabricated from two or more ingredients, including a declaration as to artificial flavors or colors, if any, the net weight or other appropriate measure of the contents, the name and address of the processor, and the approved plant number of the official establishment in which the contents were processed. The name and address of the distributor may be used in lieu of the name and address of the processor if the approved plant number is used to identify the official establishment in which the article was prepared and packed. Each livestock carcass and each primal part of the carcass shall bear the official inspection mark and approved plant number of the establishment. The director, by rules or regulations, may require additional marks or label information to appear on livestock carcasses or its parts, meat food products, or meat by-products when they leave the official establishments or at the time of their transportation or sale in this State, and he may permit reasonable variations and grant exemptions from the marking and labeling requirements of this paragraph in any manner not in conflict with the purposes of this article. Marks and labels required under this paragraph may be applied only by, or under the supervision of an inspector.
(B) The use of any written, printed, or graphic matter upon or accompanying any livestock carcass, or its parts, meat food product, or meat by-product inspected or required to be inspected pursuant to the provisions of this article, or the container which is false or misleading in any particular is prohibited. No livestock carcasses or its parts, meat food products, or meat by-products inspected or required to be inspected pursuant to the provisions of this article may be sold or offered for sale by a person under any false or deceptive name; but established trade names which are usual to those articles and which are not false or deceptive and which are approved by the director are permitted. If the director has reason to believe that a label in use or prepared for use is false or misleading in any particular, he may direct that the use of the label be withheld unless it is modified in a manner as he may prescribe so that it will not be false or misleading. If the person using or proposing to use the label does not accept the determination of the director, he may request a hearing, but the use of the label, if the director so directs, must be withheld pending hearing and final determination by the director. A determination by the director is conclusive unless within thirty days after the receipt of notice of the final determination the person adversely affected appeals to the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D)."
SECTION 28. Section 47-19-60 of the 1976 Code is amended to read:
"Section 47-19-60. (A) All poultry products inspected at an official establishment under the authority of this chapter and found to be not adulterated at the time they leave the establishment, must bear in distinctly legible form on their shipping containers and immediate containers, as the director may require, the information required by this chapter. In addition, the director, whenever he determines action is practicable and necessary for the protection of the public, may require nonconsumer-packaged carcasses at the time they leave the establishment to bear directly in distinctly legible form any information required by this chapter.
(B) The director, whenever he determines action is necessary for the protection of the public, may prescribe:
(1) the styles and sizes of type to be used with respect to material required to be incorporated in labeling to avoid false or misleading labeling in marking or otherwise labeling the articles or poultry subject to this chapter;
(2) definitions and standards of identity or composition for articles subject to this chapter and standards of fill of container for the articles not inconsistent with standards established under the Federal Food, Drug and Cosmetic Act, or under the Federal Poultry Products Inspection Act, and there must be consultation between the director and the Secretary of Agriculture of the United States prior to the issuance of these standards to avoid inconsistency between such standards and the federal standards.
(C) No article subject to this chapter may be sold or offered for sale by a person in intrastate commerce, under a name or other marking or labeling which is false or misleading or in a container of a misleading form or size, but established trade names and other marking and labeling and containers which are not false or misleading and which are approved by the director are permitted.
(D) If the director has reason to believe that the marking or labeling or the size or form of a container in use or proposed for use with respect to the article subject to this chapter is false or misleading in any particular, he may direct that the use be withheld unless the marking, labeling, or container is modified in a manner as he may prescribe so that it will not be false or misleading. If the person using or proposing to use the marking, labeling, or container does not accept the determination of the director, the person may request a hearing, but the use of the marking, labeling, or container, if the director so directs, must be withheld pending hearing and final determination by the director. A determination by the director is conclusive unless, within thirty days after receipt of notice of the final determination, the person adversely affected appeals to the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D)."
SECTION 29. Section 48-20-160 of the 1976 Code, as last amended by Act 8 of 1997, is further amended to read:
"Section 48-20-160. (A) If the department believes a violation of this chapter, a regulation promulgated by it, or the terms and conditions of a permit, including the approved reclamation plan, has taken place, it shall serve written notice of that fact upon the operator, specifying the facts constituting the apparent violation and informing the operator of his right to a hearing at a stated time and place. The date for the hearing may not be less than thirty nor more than sixty days after the date of the notice, unless the department and the operator mutually agree on another date. The operator may appear at the hearing, either personally or through counsel, and present evidence he desires in order to prove that no violation has taken place or exists. If the operator or his representative does not appear at the hearing, or if the department following the hearing finds that there has been a violation, the department may suspend the permit until the violation is corrected or may revoke the permit where the violation appears to be wilful.
(B) The effective date of a suspension or revocation is sixty days following the date of the decision. An appeal to the council pursuant to Section 48-20-190 stays the effective date until the council's decision. A further appeal to the Administrative Law Court pursuant to Section 48-20-200 stays the effective date until the date of the administrative law judge's final decision. If the department finds at the time of its initial decision that a delay in correcting a violation may result in imminent peril to life or danger to property or to the environment, it shall initiate promptly a proceeding for injunctive relief pursuant to Section 48-20-230. The pendency of an appeal from a suspension or revocation of a permit has no effect upon the action.
(C) An operator whose operating permit is suspended or revoked shall be denied a new permit or a reinstatement of the suspended permit to engage in mining until he gives evidence satisfactory to the department of his ability and intent to comply fully with the provisions of this chapter, regulations promulgated by it, and the terms and conditions of his permit, including the approved reclamation plan, and that he has corrected satisfactorily all deficiencies or previous violations.
(D) A general permit, as provided for in Section 48-20-55, may be revoked or suspended if the operator is cited for violations of this chapter, a regulation promulgated by it, or the terms and conditions of that general permit. If this authority is suspended or revoked and mining is ordered to be stopped pursuant to Section 48-20-220, the operator whose eligibility to mine under a general permit that has been suspended or revoked shall be denied further eligibility under that or other general permits or an individual operation permit until satisfactory evidence is presented to the department that the operation intends to comply fully with the provisions of this chapter, regulations promulgated under it, and the terms and conditions of his permit, including satisfactorily correcting all deficiencies or previous violations."
SECTION 30. Section 48-20-190 of the 1976 Code, as added by Act 454 of 1990, is amended to read:
"Section 48-20-190. An applicant for a certificate of exploration or operating permit or a person who is aggrieved and is directly affected by the permit may appeal to the council from a decision or determination of the department issuing, refusing, modifying, suspending, revoking, or terminating a certificate of exploration or operating permit or reclamation plan, or imposing a term or condition on the certificate, permit, or reclamation plan. An explorer or operator may appeal to the council from a decision or determination of the department issuing a notice of deficiencies or violations and administrative fees or assessing civil penalties. The person taking the appeal within thirty days after the department's decision shall give written notice to the council through its secretary that he desires to appeal and file a copy of the notice with the department at the same time. If more than one appeal regarding the same certificate, permit, or reclamation plan is filed with the council within the thirty-day period following the decision by the department, the council may consolidate the hearing and review of the appeals by the council. The chairman of the council shall fix a reasonable time, not less than twenty nor more than forty days from the receipt of the appeal, and place for a hearing, giving reasonable notice to the applicant, appellant, and to the department. The council, or a committee of the council designated by the council's rules of procedure, or if agreed by appellant, the council, the operator, and the department, a hearing panel consisting of one or more individuals shall conduct a full and complete hearing as to the matters in controversy, and within thirty days shall give a written decision setting forth its findings of fact and its conclusions. The council or its designated committee or the hearing panel may affirm, affirm with modifications, or overrule the decision of the department and may direct the department to take action required to effectuate its decision. A further appeal may be taken from the appellate decision to the Administrative Law Court as provided in Section 48-20-200."
SECTION 31. Section 48-20-200 of the 1976 Code, as added by Act 454 of 1990, is amended to read:
"Section 48-20-200. An appeal to the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D) may be taken from any decision of the council, or its designated committee or the hearing panel. An appeal also may lie against the department's refusal to release part or all of a bond or other security posed pursuant to Section 48-20-110 as provided in Section 48-20-130."
SECTION 32. Section 48-39-150(D) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(D) An applicant having a permit denied or a person adversely affected by the granting of the permit has the right of direct appeal from the decision of the administrative law judge pursuant to Section 1-23-610. An applicant having a permit denied may challenge the validity of any or all reasons given for denial."
SECTION 33. Section 54-3-470 of the 1976 Code is amended to read:
"Section 54-3-470. A person may appeal from an order, ruling, or requirement of the authority pursuant to this article to the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D). The appeal shall stay the execution of an order, ruling, or requirement. No fines or penalties imposed by the authority are operative or commence to run until the final determination of the appeal."
SECTION 34. Section 55-5-230 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 55-5-230. A person against whom an order is entered may appeal within thirty days after the service to the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D) for the purpose of having the reasonableness or lawfulness of the order inquired into and determined."
SECTION 35. Section 55-5-240 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 55-5-240. The person taking the appeal shall file the notice of appeal in the office of the Clerk with the Administrative Law Court and serve a copy on the director or his designee and all other parties of record. Upon appellate review, the administrative law judge shall enter an order either affirming or setting aside the order of the court; or may remand the matter to the court for further hearing. The filing of the notice of appeal operates as a supersedeas."
SECTION 36. Section 55-5-250 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 55-5-250. If no appeal is taken from the order of the Division of Aeronautics within the period fixed, the party against whom the order is entered is deemed to have waived the right to have the reasonableness or lawfulness of the order reviewed by the Administrative Law Court, and there may be no trial of that issue in a court in which suit may be instituted for the penalty for failure to comply with the order."
SECTION 37. Section 55-8-20 of the 1976 Code is amended to read:
"Section 55-8-20. (a) The agency shall administer and enforce the provisions of this chapter and may promulgate regulations necessary for its administration, which become effective pursuant to Chapter 23, Title 1.
(b) The agency shall provide for hearings upon request of a person who may be affected by its orders or acts pursuant to the provisions of this chapter and may provide for a stay until a hearing may be held.
A person aggrieved by an order or act of the agency may have appellate review by appeal to the Administrative Law Court by the filing of a notice of appeal with the Administrative Law Court within thirty days after the order or act becomes final in accordance with its rules of procedure. The Administrative Law Court shall determine whether the filing of the appeal as a stay of an order or act of the agency and the terms of the stay."
SECTION 38. Section 56-5-2952 of the 1976 Code, as last amended by Act 128 of 2005, is further amended to read:
"Section 56-5-2952. The filing fee to request any administrative hearing before the Division of Motor Vehicle Hearings of the Administrative Law Court, is one hundred fifty dollars, or as otherwise prescribed by the rules of procedure for the Administrative Law Court. Funds generated from the collection of this fee shall be retained by the Administrative Law Court."
SECTION 39. Section 58-5-330 of the 1976 Code is amended to read:
"Section 58-5-330. Within twenty days after an order or decision is made by the commission, any party to the action or proceeding may apply for a rehearing as to any matter determined in the action or proceeding and specified in the application for rehearing and a rehearing must be granted if in the judgment of the commission sufficient reason exists. No right of appeal arising out of an order or decision of the commission accrues in any court to any corporation or person unless the corporation or person makes application to the commission for a rehearing within the time specified. The application must set forth specifically the ground on which the applicant considers the decision or order to be unlawful. The determination must be made by the commission within thirty days after it is finally submitted. If, after the hearing and a consideration of all the facts, including those arising since the making of the order or decision, the commission is of the opinion that the original order or decision, or any part of it, is in any respect unjust or unwarranted or should be changed, the commission may abrogate, change or modify it and, if changed or modified, the modified order must be substituted in the place of the order originally entered and with like force and effect."
SECTION 40. Section 58-5-340 of the 1976 Code is amended to read:
"Section 58-5-340. A decision of the commission may be reviewed by the Supreme Court or court of appeals as provided by statute and the South Carolina Appellate Court Rules upon questions of both law and fact, as provided pursuant to this section.
No order of determination of the commission reducing any rate, fare, charge, or toll may be in force during the pendency of the action if the utility affected executes and files with the clerk of court a bond undertaking in a sum as the court prescribes, and approved by the court, conditioned to secure the refund to customers of any sum that may be collected in excess of the rates, fares, charges, or tolls that are finally adjudged to be lawful and valid."
SECTION 41. Section 58-5-990 of the 1976 Code is amended to read:
"Section 58-5-990. A gas utility which is or will be adversely affected by a rule or order of the commission adopted or established pursuant to this article may file an application for rehearing and may seek judicial review in accordance with provisions of Section 58-5-340."
SECTION 42. Section 58-9-1410 of the 1976 Code is amended to read:
"Section 58-9-1410. A party in interest dissatisfied with an order of the commission may appeal to the Supreme Court or court of appeals as provided by statute and the South Carolina Appellate Court Rules. No right of appeal accrues to vacate or set aside, either in whole or in part, an order of the commission except an order on a rehearing, unless a petition to the commission for a rehearing is filed and refused or considered refused because of the commission's failure to act within twenty days."
SECTION 43. Section 58-27-2310 of the 1976 Code is amended to read:
"Section 58-27-2310. A party in interest dissatisfied with an order of the commission may appeal to the Supreme Court or court of appeals as provided by statute and the South Carolina Appellate Court Rules. No right of appeal accrues to vacate or set aside, either in whole or in part, an order of the commission, except an order on a rehearing, unless a petition to the commission for a rehearing is filed and refused or considered refused because of the commission's failure to act within twenty days."
SECTION 44. Section 59-25-260 of the 1976 Code is amended to read:
"Section 59-25-260. The findings of fact by the State Board of Education are final and conclusive. A person aggrieved by the order of the State Board of Education, within thirty days, may appeal to the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D), to review errors of law only, by filing with the Administrative Law Court and the State Board of Education notice of appeal. The State Board of Education shall file a certified copy of the record with the Administrative Law Court in accordance with its rules of procedure. An appeal from the order of the Administrative Law Court must be taken in the manner provided by the South Carolina Appellate Court Rules."
SECTION 45. Section 59-25-830 of the 1976 Code is amended to read:
"Section 59-25-830. The findings of fact by the State Board of Education are final and conclusive as to all parties, but any party, within thirty days, may appeal to the Administrative Law Court as provided in Sections 1-23-380(B) and Section 1-23-600(D), to review error of law only, by filing with the State Board of Education and the Administrative Law Court notice of the appeal and of the grounds for the appeal. The state board shall file a certified copy of the record with the Administrative Law Court in accordance with its rules of procedure. A party may have judicial review of the decision of the administrative law judge as provided by law."
SECTION 46. Section 59-40-90(D) of the 1976 Code is amended to read:
"(D) A final decision of the state board may be appealed by any party to the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D)."
SECTION 47. Section 59-58-120 of the 1976 Code is amended to read:
"Section 59-58-120. A person aggrieved by the final decision of the commission in refusing to issue a license or permit, or revoking or suspending a license or permit previously granted, is entitled to appeal the commission's order to the Administrative Law Court in accordance with its appellate rules of procedure."
SECTION 48. Section 44-1-50 of the 1976 Code is amended to read:
"Section 44-1-50. The board may conduct such administrative reviews as may be required by law, as considered necessary by the board to render a final agency determination in matters involving the issuance, denial, renewal or revocation of permits, licenses, or other actions of the department which may give rise to a contested case pursuant to Chapter 23 of Title 1.
The board shall provide for the administrative organization of the department and shall consolidate and merge existing duties, functions, and officers of the former agencies as may be necessary for economic and efficient administration. Provided, however, that the board may appoint such advisory boards as it considers necessary to carry out the functions of Sections 44-1-10 to 44-1-70, and there shall be provided a compensation for their services as provided by the law for members of boards and commissions."
SECTION 49. Chapter 1, Title 44 of the 1976 Code is amended by adding:
"Section 44-1-60. (A) All department decisions involving the issuance, denial, renewal, suspension, or revocation of permits, licenses, or other actions of the department which may give rise to a contested case shall be made using the procedures set forth in this section.
(B) The Department staff shall comply with all requirements for public notice, receipt of public comments and public hearings before making a department decision. To the maximum extent possible, the Department shall use a uniform system of public notice of permit applications, opportunity for public comment and public hearings.
(C) The initial decision involving the issuance, denial, renewal, suspension, or revocation of permits, licenses, or other action of the Department shall be a staff decision.
(D) In making a staff decision on any permit, license, certification or other approval, the Department staff shall take into consideration all material comments received in response to the public notice in determining whether to issue, deny or condition such permit, license, certification or other approval. At the time that such department decision is made, the Department shall issue a department decision, and shall base its department decision on the administrative record which shall consist of the application and supporting exhibits, all public comments and submissions, and other documents contained in the supporting file for the permit, license, certification or other approval. The administrative record may also include material readily available at the department, or published materials which are generally available and need not be physically included in the same file as the rest of the record as long as such materials are specifically referred to in the department decision. The department decision need not be issued for routine permits for which no adverse public comments have been received.
(E) Notice of the department decision must be sent to the applicant, permittee, licensee, and affected persons who have asked to be notified by certified mail, return receipt requested. The department decision becomes the final agency decision fifteen days after notice of the department decision has been mailed to the applicant, unless a written request for final review is filed with the department by the applicant, permittee, licensee, or affected person.
(F) No later than sixty days after the date of receipt of a request for final review, a final review conference must be conducted by the Board, its designee, or a committee of three members of the Board appointed by the chair. If a final review conference is not conducted within sixty days, the department decision becomes the final agency decision, and an applicant, permittee, licensee, or affected person may request a contested case hearing before the Administrative Law Court, in accordance with the Administrative Procedures Act, within thirty days after the deadline for the final review conference. The department shall set the place, date, and time for the conference; give the applicant and affected persons at least ten days' written notice of the conference; and advise the applicant that evidence may be presented at the conference. The final review conference must be held as follows:
(1) Final review conferences are open to the public; however, the officers conducting the conference may meet in closed session to deliberate on the evidence presented at the conference. The burden of proof in a conference is upon the moving party. During the course of the final review conference, the department must explain the department decision and the materials relied upon in the administrative record to support the department decision. The applicant or affected party shall state the reasons for protesting the department decision and may provide evidence to support amending, modifying, or rescinding the department decision. The department may rebut information and arguments presented by the applicant or affected party and the applicant or affected party may rebut information and arguments presented by the department. Any final review conference officer may request additional information and may question the applicant or affected party, the department, and anyone else providing information at the conference.
(2) After the administrative review, the Board, its designee, or a committee of three members of the Board appointed by the chair shall issue a written final agency decision based upon the evidence presented. The decision may be announced orally at the conclusion of the administrative review or it may be reserved for consideration. The written decision must explain the bases for the decision and inform the parties of their right to request a contested case hearing before the Administrative Law Court. In either event, the written decision must be mailed to the parties no later than thirty days after the date of the administrative review. Within thirty days after the receipt of the decision an applicant, permittee, licensee, or affected person desiring to contest the final agency decision may request a contested case hearing before the Administrative Law Court, in accordance with the Administrative Procedures Act. The court shall give consideration to the provisions of Section 1-23-330 regarding the department's specialized knowledge.
(3) Prior to the initiation of the final conference, an applicant, permittee, licensee, or affected person must be notified of their right to request a transcript of the proceedings of the final conference. If a transcript is requested, the applicant, permittee, licensee, or affected person making the request must be responsible for all costs.
(G) Applicants, permittees, licensees, and affected persons are encouraged to engage in mediation during the final agency review process.
(H) The department may promulgate regulations providing for procedures for final administrative reviews.
(I) Any statutory deadlines applicable to permitting and licensing programs administered by the Department shall be extended to allow for this final review process."
Water and Sewer Services
SECTION 50. The General Assembly finds that adding Section 58-5-70 to the 1976 Code in SECTION 51 of this act is intended to clarify the General Assembly's intent that all inhabitants of a municipality are entitled to equal access to the governmental function of municipal water and sewer service without discrimination and that no other provision of law should be interpreted otherwise, to underscore the General Assembly's recognition in Section 58-5-70 that the dwellings, commercial buildings, or other structures within the territorial limits of a city or town which operates water or sewer utility systems as authorized under Article VIII, Section 16 of the Constitution and Section 5-31-610, and to recognize that the provision of water and sewer service by municipalities is an exercise of the police power, which may not be exercised for the benefit of particular individuals or classes of individuals.
SECTION 51. Article 1, Chapter 5, Title 58 of the 1976 Code is amended by adding:
"Section 58-5-70. Upon the written request of a property owner requesting the municipality to extend water or sewer service, the municipality shall provide the service and levy an assessment against the property of the owner requesting the service for the costs of the service according to provisions of this section. The property owner shall agree to pay the costs either by (1) paying the costs before the municipality begins construction or (2) insuring the costs in the form of a performance bond before the municipality begins construction. This section applies only to property located within the corporate limits of a municipality. The provisions of Section 5-31-1510 are superseded by the provisions of this section."
Intent
SECTION 52. This act is intended to provide a uniform procedure for contested cases and appeals from administrative agencies and to the extent that a provision of this act conflicts with an existing statute or regulation, the provisions of this act are controlling.
Repealer
SECTION 53. Sections 58-5-350, 58-5-360, 58-9-1420, 58-9-1440, 58-9-1460, 58-9-1470, 58-9-1480, and 58-27-2330 of the 1976 Code are repealed.
Savings Clause
SECTION 54. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
Severability Clause
SECTION 55. If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
Time Effective
SECTION 56. This act takes effect upon approval by the Governor and applies to any actions pending on or after the effective date of the act. No pending or vested right, civil action, special proceeding, or appeal of a final administrative decision exists under the former law as of the effective date of this act, except for appeals of Ocean and Coastal Resource Management permits that are before the Administrative Law Court on the effective date of this act. For those actions only, the department shall hear appeals from the administrative law judges in accordance with the former law. Thereafter, any appeal of those actions shall proceed as provided in this act for review. For all other actions pending on the effective date of this act, the action proceeds as provided in this act for review. /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
Senator LEVENTIS moved to lay the amendment on the table.
The amendment was laid on the table.
Senator LEVENTIS proposed the following amendment (JUD3285.004), which was adopted:
Amend the bill, page 36, by striking the second sentence of SECTION 53 and inserting therein the following:
/ No pending or vested right, civil action, special proceeding, or appeal of a final administrative decision exists under the former law as of the effective date of this act, except for appeals of Department of Health and Environmental Control Ocean and Coastal Resource Management and Environmental Quality Control permits that are before the Administrative Law Court on the effective date of this act./
Amend title to conform.
Senator LEVENTIS explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 911 (Word version) -- Senators Pinckney and Matthews: A BILL TO AMEND ACT 584 OF 1946, RELATING TO THE ESTABLISHMENT OF THE WALTERBORO-COLLETON COUNTY AIRPORT COMMISSION, SO AS TO ALLOW THE COLLETON COUNTY LEGISLATIVE DELEGATION TO APPOINT THE MEMBERS OF THE COMMISSION AND TO PROVIDE FOR THE ELECTION OF NEW COMMISSIONERS.
Senator PINCKNEY asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator PINCKNEY proposed the following Amendment No. 1 (SWB\6939CM06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 1 of Act 584 of 1946 is amended to read:
"Section 1. The Walterboro-Colleton County Airport Commission is hereby created and established as a body corporate and politic to serve as an Agency agency and a part of the Government government of the County of Colleton and Town of Walterboro. Said Commission The commission shall consist of five seven members, two of which shall be members of the Colleton County Council, or their designees, two of which shall be members of the Walterboro City Council, or their designees, and three of which shall be appointed by the Colleton County Legislative Delegation who shall be the Mayor of Walterboro, the Chairman of the Finance Committee of the Town Council of Walterboro, the Supervisor of Colleton County, the Treasurer of Colleton County and the Auditor of Colleton County, the membership on said Commission being held Ex-Officio hereafter by the holders of the above mentioned offices. The term of each member is four years which shall expire on January first nearest to the end of that term of years for which he is appointed. Each member shall serve until his successor is appointed. Upon the expiration of the term of each member, his successor must be appointed in the same manner as contained in this section. The Commission commission shall have a chairman and secretary-treasurer to be elected by the members thereof of it, and shall have power to adopt suitable By-laws by-laws, Rules rules, and Regulations regulations not inconsistent herewith with this section for its proper operation. The members of said the Commission commission shall serve without compensation. The secretary-treasurer shall furnish a surety bond in such an amount as the Commission commission may from time to time determine, the premiums on such the bonds to be paid from the funds of the said Commission commission. The secretary-treasurer may be a member of the Commission commission or some suitable person selected by the Commission commission at a compensation to be fixed by the Commission commission."
SECTION 2. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.
Senator PINCKNEY 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.
Senator GROOMS desired to be recorded as voting against the second reading of the Bill.
On motion of Senator PINCKNEY, with unanimous consent, S. 911 was ordered to receive a third reading on Friday, May 26, 2006.
H. 3478 (Word version) -- Rep. Huggins: A BILL TO AMEND SECTION 40-57-145, AS AMENDED, RELATING TO GROUNDS FOR DENIAL OF LICENSURE OR FOR DISCIPLINARY ACTION AGAINST REAL ESTATE PROFESSIONALS, INCLUDING BROKERS, AGENTS, AND PROPERTY MANAGERS, SO AS TO CLARIFY THAT PAYMENT OF A COMMISSION OR COMPENSATION TO AN UNLICENSED INDIVIDUAL IS PROHIBITED FOR CONDUCTING ACTIVITIES REQUIRING A LICENSE AND TO FURTHER PROVIDE WHEN SUCH PAYMENTS ARE AUTHORIZED.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator SETZLER proposed the following amendment (3478.NKS), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting the following:
/ SECTION 1. Section 40-57-145(A)(11) of the 1976 Code, as last amended by Act 218 of 2004, is further amended to read:
"(11) pays a commission or compensation to an unlicensed individual for activities requiring a license under this chapter. Notwithstanding this section, a licensee may not pay or offer to pay a referral fee or finder's fee to an unlicensed individual that is not a party in the real estate transaction;"
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 1445 (Word version) -- Senators McConnell and Martin: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 1, 2006, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET ON TUESDAY, JUNE 6, 2006 AT 12:00 P.M., IN STATEWIDE SESSION, AND TO CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL THURSDAY, JUNE 8, 2006, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS NOT LATER THAN 5:00 P.M., ON THURSDAY, JUNE 8, 2006, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the Resolution.
Senators McCONNELL and MARTIN proposed the following amendment (1445R001.GFM), which was adopted:
Amend the concurrent resolution, as and if amended, by striking the concurrent resolution in its entirety and inserting:
TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 1, 2006, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET ON WEDNESDAY, JUNE 14, 2006 AT 12:00 P.M., IN STATEWIDE SESSION, AND TO CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL FRIDAY, JUNE 16, 2006, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS NOT LATER THAN 5:00 P.M., ON FRIDAY, JUNE 16, 2006, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
Be it resolved by the Senate, the House of Representatives concurring:
(A) Pursuant to the provisions of Article III, Section 21 of the Constitution of this State and Section 2-1-180 of the 1976 Code, the mandatory Sine Die adjournment date for the General Assembly is extended, as authorized by law, to permit the General Assembly to continue in session after Thursday, June 1, 2006, under the terms and conditions stipulated in this resolution and for this purpose each house agrees that when the Senate and the House of Representatives adjourn on Thursday, June 1, 2006, not later than 5:00 p.m., each house shall stand adjourned to meet in statewide session on Wednesday, June 14, 2006, at 12:00 p.m. and to continue in statewide session, if necessary, not later than 5:00 p.m. on Friday, June 16, 2006, for the following matters and subject to the following conditions, as applicable:
(1) receipt and consideration of gubernatorial vetoes;
(2) receipt, consideration, and confirmation of appointments;
(3) ratification of acts;
(4) consideration of resolutions affecting the Sine Die adjournment date;
(5) receipt and consideration of local legislation which has the unanimous consent of the affected delegation;
(6) receipt, consideration, and disposition of conference and free conference reports, appointment of conference and free conference committees, and receipt and consideration of messages pertaining to these reports and appointments;
(7) receipt and consideration of resolutions expressing sympathy or congratulations; and
(8) receipt and consideration of legislation to continue appropriation authorizations and necessary provisos of Act 115 of 2005 beyond June 30, 2006.
(B) The President or President Pro Tempore of the Senate and the Speaker of the House of Representatives may select a mutually convenient time for the ratification of Acts between June 1, 2006, and June 16, 2006.
(C) When each house adjourns not later than 5:00 p.m. on Friday, June 16, 2006, the General Assembly shall stand adjourned Sine Die./
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryant Campsen Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Pinckney Rankin Reese Richardson Ritchie Ryberg Scott Setzler Sheheen Short Thomas Verdin Williams
The amendment was adopted.
Senator THOMAS spoke on the Resolution.
The question then was the adoption of the Resolution, as amended.
The Resolution, as amended, was adopted, passed and ordered sent to the House.
H. 4410 (Word version) -- Reps. Cotty and Brady: A BILL TO AMEND SECTION 8-13-1510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR LATE FILING OF OR FAILURE TO FILE A REPORT OR STATEMENT REQUIRED BY THE ETHICS ACT, SO AS TO CAP THE FINE AT FIVE THOUSAND DOLLARS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD4410.003), which was adopted:
Amend the bill, as and if amended, page 1, after line 38, by adding an appropriately numbered new SECTION:
/ SECTION ____. Section 8-13-740 of the 1976 Code is amended by adding an appropriately lettered subsection at the end to read:
"( ) Notwithstanding any other provision of law, no public official, public member, or public employee shall be required to resign or otherwise vacate his seat or position due to a conflict of interest that arises under this chapter as long as notice of the possible conflict is given and the public official, public member, or public employee recuses himself from the vote on the matter that is the subject of the conflict of interest." /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the committee amendment.
The committee amendment was adopted.
Senator RANKIN proposed the following Amendment No. 3 (JUD4410.005), which was adopted:
Amend the committee report, as and if amended, page [4410-1], by striking lines 29-35 and inserting:
/ "( ) No public official, public member, or public employee shall be required to resign or otherwise vacate his seat or position due to a conflict of interest that arises under this section as long as notice of the possible conflict is given and the public official, public member, or public employee recuses himself from the vote on the matter that is the subject of the conflict of interest." /
Renumber sections to conform.
Amend title to conform.
Senator RANKIN explained the amendment.
The amendment was adopted.
Senators RANKIN and HUTTO proposed the following Amendment No. 2A (JUD4410.007), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 8-13-1510 of the 1976 Code, as last amended by Act 76 of 2003, is further amended to read:
"Section 8-13-1510. (A) Except as otherwise specifically provided in this chapter, a person, other than an individual, required to file a report or statement under pursuant to the provisions of this chapter who files a late statement or report or fails to file a required statement or report must be assessed a civil penalty as follows:
(1) a fine of one hundred dollars if the statement or report is not filed within five days after the established deadline provided by law in this chapter; or and
(2) after notice has been given by certified or registered mail that a required statement or report has not been filed, a fine of ten dollars per each day for the first ten days after notice has been given, and one hundred dollars for each additional calendar day in which the required statement is not filed.
(B) Except as otherwise specifically provided in this chapter, an individual required to file a report or statement pursuant to the provisions of this chapter who files a late statement or report or fails to file a required statement or report must be assessed a civil penalty as follows:
(1) a fine of one hundred dollars if the statement or report is not filed within five days after the established deadline provided by law in this chapter; and
(2) after notice has been given by certified or registered mail that a required statement or report has not been filed, a fine of ten dollars each day for the first ten days after notice has been given, and one hundred dollars for each additional calendar day in which the required statement is not filed, not to exceed five thousand dollars."
SECTION 2. Section 8-13-740 of the 1976 Code is amended by adding an appropriately lettered subsection at the end to read:
"( ) No public official, public member, or public employee shall be required to resign or otherwise vacate his seat or position due to a conflict of interest that arises under this section as long as notice of the possible conflict is given and the public official, public member, or public employee recuses himself from the vote on the matter that is the subject of the conflict of interest."
SECTION 3. This act takes effect upon approval by the Governor and applies retroactively to those civil penalties pending with the Ethics Commission for a violation of the provisions of Section 1 before the effective date of this act. /
Renumber sections to conform.
Amend title to conform.
Senator RANKIN explained the amendment.
The amendment was adopted.
Senator ELLIOTT proposed the following Amendment No. 1 (JUD4410.011):
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read as follows:
/ SECTION ___. Section 8-13-1300(6) of the 1976 Code, as last amended by Act 76 of 2003, is further amended to read:
"(6) 'Committee' means an association, a club, an organization, or a group of persons organized for profit or not-for-profit which, to influence the outcome of an elective office, receives contributions or makes expenditures in excess of five hundred dollars in the aggregate during an election cycle. It also means a person who, to influence the outcome of an elective office, makes:
(a) contributions aggregating at least twenty-five thousand dollars during an election cycle to or at the request of a candidate or a committee, or a combination of them; or
(b) independent expenditures aggregating five hundred dollars or more during an election cycle for the election or defeat of a candidate.
'Committee' includes a party committee, a legislative caucus committee, a noncandidate committee, or a committee that is not a campaign committee for a candidate but that is organized for the purpose of influencing an election or for the purpose of promoting or opposing a specific legislative issue."
SECTION ___. Section 8-13-1300(31) of the 1976 Code, as added by Act 76 of 2003, is amended to read:
"(31) 'Influence the outcome of an elective office' means:
(a) expressly advocating the election or defeat of a clearly identified candidate using words including or substantially similar to 'vote for', 'elect', 'cast your ballot for', 'Smith for Governor', 'vote against', 'defeat', or 'reject';
(b) communicating campaign slogans or individual words that, taken in context, have no other reasonable meaning other than to urge the election or defeat of a clearly identified candidate including or substantially similar to slogans or words such as 'Smith's the One', 'Jones 2000', 'Smith/Jones', 'Jones!', or 'Smith-A man for the People!'; or
(c) any communication made, not more than forty-five days before an election, which promotes or supports a candidate or attacks or opposes a candidate, regardless of whether the communication expressly advocates a vote for or against a candidate. For purposes of this paragraph, 'communication' means (i) any paid advertisement or purchased program time broadcast over television or radio; (ii) any paid message conveyed through telephone banks, direct mail, or electronic mail; or (iii) any paid advertisement that costs more than five thousand dollars that is conveyed through a communication medium other than those set forth in subsections (i) or (ii) of this paragraph. 'Communication' does not include news, commentary, or editorial programming or article, or communication to an organization's own members."
SECTION ___. Article 13, Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-1311. Notwithstanding the provisions of Sections 8-13-1308 and 8-13-1309 or another provision of this article, upon the making of an independent expenditure in any amount for the purpose of promoting or opposing a specific legislative issue, a person, committee, or ballot measure committee required to file a statement of organization pursuant to Section 8-13-1304(A) must file a certified campaign report within ten days of the expenditure." /
Renumber sections to conform.
Amend title to conform.
Senator ELLIOTT explained the amendment.
Senator RYBERG objected to further consideration of the Bill.
At 1:25 P.M., Senator KNOTTS assumed the Chair.
H. 3915 (Word version) -- Reps. Pinson, Parks, Anthony and M.A. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-325 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT WHICH ONLY PROVIDES SEWAGE COLLECTION AND DISPOSAL SERVICES TO UTILIZE ANY METHOD OF FINANCING THE CONSTRUCTION OF SEWER LATERAL COLLECTION LINES NOTWITHSTANDING OTHER PROVISIONS OF LAW.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD3915.001), which was adopted:
Amend the bill, as and if amended, page 1, by striking lines 25-28, in Section 6-11-325, as contained in SECTION 1, and inserting therein the following:
/ "Section 6-11-325. A special purpose district which only provides sewage collection and disposal may use any method of financing authorized by law for the construction of sewer lateral collection lines within the district." /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the committee amendment.
The committee amendment was adopted.
On motion of Senator SETZLER, the Bill was carried over.
H. 3700 (Word version) -- Reps. Clemmons and Harrison: A BILL TO AMEND SECTION 15-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS WHICH MUST BE TRIED WHERE THE SUBJECT MATTER IS SITUATED, SO AS TO ADD THAT ALL MATTERS BETWEEN LANDLORD AND TENANT MUST BE TRIED WHERE THE SUBJECT MATTER OR SOME PART OF THE PROPERTY IS SITUATED.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator MALLOY proposed the following amendment (JUD3700.003), which was ruled out of order:
Amend the committee report, as and if amended, page [3700-1], after line 30, by adding appropriately numbered new SECTIONS to read:
/ SECTION ___. Title 15 of the 1976 Code is amended by adding:
SOUTH CAROLINA FALSE CLAIMS ACT
Section 15-85-10. This chapter may be cited as the 'South Carolina False Claims Act'.
Section 15-85-20. As used in this chapter, the term:
(1) 'Attorney General' means the South Carolina Attorney General, any of his Assistant Attorneys General, or any employee, investigator, or auditor employed by the Attorney General.
(2) 'Documentary material' includes the original or a copy of a book, record, report, memorandum, paper, communication, tabulation, chart, or other document, or data compilations stored in or accessible through computer or other information retrieval systems, together with instructions and all other materials necessary to use or interpret data compilations, and other products of discovery.
(3) 'Guard' means the South Carolina National Guard.
(4) 'Investigation' means an inquiry conducted by an investigator for the purpose of ascertaining whether a person is or has been engaged in a violation of this act.
(5) 'Investigator' means a person who is charged by the Attorney General with the duty of conducting an investigation pursuant to this act, or an officer or employee of the State acting pursuant to the direction and supervision of the Attorney General with an investigation.
(6) 'Medicaid Fraud Control Unit' means the South Carolina Medicaid Fraud Control Unit certified pursuant to federal law.
(7) 'Proceeds' of the action or settlement means the damages derived from the action or settlement and shall not include fines, penalties, costs, expenses, attorney's fees, or other recoveries.
(8) 'Person' means any natural person, corporation, joint venture, partnership, unincorporated association, or any other legal entity.
(9) 'Product of discovery' includes:
(a) the original or duplicate of a deposition, interrogatory, document, thing, result of the inspection of land or other property, examination, or admission, which is obtained by a method of discovery in a judicial or administrative proceeding of an adversarial nature;
(b) a digest, analysis, selection, compilation, or derivation of an item listed in item (a); and
(c) an index or other manner of access to an item listed in item (a).
(10) 'Relator' means a person who brings a civil action pursuant to this chapter.
(11) 'State' means the State of South Carolina.
Section 15-85-30. (A) As used in this section, the terms:
(1) 'knowing' and 'knowingly' mean, with respect to information, that a person:
(a) has actual knowledge of the information;
(b) acts in deliberate ignorance of the truth or falsity of the information; or
(c) acts in reckless disregard of the truth or falsity of the information, and no proof of specific intent to defraud is required;
(2) 'claim' includes a request or demand, whether pursuant to a contract or otherwise, for money or property which is made to a contractor, grantee, or other recipient if the State provides a portion of the money or property which is requested or demanded, or if the State will reimburse a contractor, grantee, or other recipient for a portion of the money or property which is requested or demanded.
(B) Notwithstanding another provision of law, a person who:
(1) knowingly presents, or causes to be presented, to an officer or employee of the State or a member of the guard a false or fraudulent claim for payment or approval;
(2) knowingly makes, uses, or causes to be made or used, a false record or statement to get a false or fraudulent claim paid or approved by the State;
(3) conspires to defraud the State by getting a false or fraudulent claim allowed or paid;
(4) has possession, custody, or control of property or money used, or to be used, by the State and, intending to defraud the State or wilfully to conceal the property, delivers, or causes to be delivered, less property than the amount for which the person receives a certificate or receipt;
(5) is authorized to make or deliver a document certifying receipt of property used, or to be used, by the State and, intending to defraud the State, makes or delivers the receipt without completely knowing that the information on the receipt is true;
(6) knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the State, or a member of the guard, who lawfully may not sell or pledge the property; or
(7) knowingly makes, uses, or causes to be made or used, a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or property to the State, is liable to the State for a civil penalty of not less than five thousand five hundred dollars and not more than eleven thousand dollars, plus three times the amount of damages which the State sustains because of the act of that person. A person who violates the provisions of this subsection is also liable to the State for the costs of a civil action brought to recover a penalty or damages.
(C) The provisions of this section do not apply to claims, records, or statements made pursuant to the South Carolina Income Tax Act.
Section 15-85-40. (A) The Attorney General shall diligently investigate a civil violation pursuant to Section 15-85-30. If the Attorney General finds that a person has violated or is violating the provisions of Section 15-85-30, the Attorney General may bring a civil action pursuant to this section against the person. An action brought under this section shall be filed in Richland County.
(B) For an action by a private person:
(1) A person may bring a civil action for a violation of Section 15-85-30 for the person and for the State. The action must be brought in the name of the State. The action may be dismissed only if the court and the Attorney General give written consent to the dismissal and their reasons for consenting. An action brought under this section shall be filed in Richland County.
(2) A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses must be served on the State. The complaint and all attachments must be filed in camera, must remain under seal for at least sixty days, and may not be served on the defendant until the court orders it served. The State may elect to intervene and proceed with the action within sixty days after it receives both the complaint and the material evidence and information.
(3) The State may, for good cause shown, move the court for extensions of the time during which the complaint remains under seal pursuant to item (2). The motions may be supported by affidavits or other submissions in camera. The defendant may not be required to respond to a complaint filed pursuant to this section until thirty days after the complaint is unsealed and served on the defendant.
(4) Before the expiration of the sixty-day period or an extension obtained pursuant to item (3), the State shall:
(a) proceed with the action, in which case the action must be conducted by the State, or
(b) notify the court that it declines to take over the action, and the person bringing the action has the right to conduct the action.
(5) When a person brings an action pursuant to this subsection, no person other than the State may intervene or bring a separate, related action based on the facts underlying the pending action.
(C) In Qui Tam actions:
(1) If the State proceeds with the action, it has the primary responsibility for prosecuting the action, and is not bound by an act of the person bringing the action. The person has the right to continue as a party to the action, subject to the limitations provided in item (2).
(2)(a) The State may dismiss the action notwithstanding the objections of the person initiating the action if the person has been notified by the State of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion.
(b) The State may settle the action with the defendant notwithstanding the objections of the person initiating the action if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances. Upon a showing of good cause, a hearing may be held in camera.
(c) Upon a showing by the State that unrestricted participation during the course of the litigation by the person initiating the action would interfere with or unduly delay the state's prosecution of the case, or would be repetitious, irrelevant, or for purposes of harassment, the court may, in its discretion, impose limitations on the person's participation including, but not limited to:
(i) limiting the number of witnesses the person may call;
(ii) limiting the length of the testimony of the witnesses;
(iii) limiting the person's cross-examination of witnesses; or
(iv) otherwise limiting the participation by the person in the litigation.
(d) Upon an adequate showing by the defendant that unrestricted participation during the course of the litigation by the person initiating the action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the person in the litigation.
(3) If the State elects not to proceed with the action, the person who initiated the action has the right to conduct the action. If the State requests, it must be served with copies of all pleadings filed in the action and must be supplied with copies of all deposition transcripts at the state's expense. When a person proceeds with the action, the court, without limiting the status and rights of the person initiating the action, may permit the State to intervene at a later date upon a showing of good cause.
(4) Whether or not the State proceeds with the action, upon a showing by the State that certain actions of discovery by the person initiating the action would interfere with the state's investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay such discovery for a period of not more than sixty days. This showing must be conducted in camera. The court may extend the sixty-day period upon a further showing in camera that the State pursued the criminal or civil investigation or proceedings with reasonable diligence and proposed discovery in the civil action will interfere with the ongoing criminal or civil investigation or proceedings.
(5) Notwithstanding the provisions of subsection (B), the State may elect to pursue its claim through an alternate remedy available to the State, including an administrative proceeding to determine a civil money penalty. If an alternate remedy is pursued in another proceeding, the person initiating the action has the same rights in the proceeding as the person would have had if the action had continued pursuant to the provisions of this section. A finding of fact or conclusion of law made in another proceeding that has become final is conclusive on all parties to an action pursuant to the provisions of this section. A finding or conclusion is final pursuant to the provisions of this section if it has been finally determined on appeal to the appropriate court, if all time for filing an appeal with respect to the finding or conclusion has expired, or if the finding or conclusion is not subject to judicial review.
(D) In an award to a Qui Tam plaintiff:
(1) If the State proceeds with an action brought by a person pursuant to subsection (B), the person shall receive at least fifteen percent but not more than twenty-five percent of the proceeds of the action or settlement of the claim, depending upon the extent to which the person substantially contributed to the prosecution of the action and subject to the limitations of this item. When the action is one the court finds to be based primarily on disclosures of specific information, other than information provided by the person bringing the action, relating to allegations or transactions in a criminal, civil, or administrative hearing, in a legislative, administrative, or Legislative Audit Council's report, hearing, audit, or investigation, or from the news media the court may award such sums as it considers appropriate, but in no case more than fifteen percent of the proceeds, taking into account the significance of the information and the role of the person bringing the action in advancing the case to litigation. Payment to a person pursuant to the provisions of this item must be made from the proceeds. This person also shall receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorney's fees and costs. The State also shall receive an amount for reasonable expenses which the court finds to have been necessarily incurred by the Attorney General, including reasonable attorney's fees and costs, which shall be paid directly to the Attorney General. All expenses, fees, and costs must be awarded against the defendant.
(2) If the State does not proceed with an action pursuant to this section, the person bringing the action or settling the claim shall receive an amount which the court decides is reasonable for collecting the civil penalty and damages. The amount may not be less than twenty-five percent and not more than forty percent of the proceeds of the action or settlement and must be paid out of the proceeds. The person also shall receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorney's fees and costs. All expenses, fees, and costs must be awarded against the defendant.
(3) Whether or not the State proceeds with the action, if the court finds that the action was brought by a person who planned and initiated the violation of Section 15-85-30 upon which the action was brought, then the court may, to the extent the court considers appropriate, reduce the share of the proceeds of the action which the person would otherwise receive pursuant to subsection (D)(1) or (2), taking into account the role of that person in advancing the case to litigation and relevant circumstances pertaining to the violation. If the person bringing the action is convicted of criminal conduct arising from his role in the violation of Section 15-85-30, that person must be dismissed from the civil action and shall not receive a share of the proceeds of the action. A dismissal does not prejudice the right of the State or other relators to continue the action.
(4) If the State does not proceed with the action and the person bringing the action conducts the action, the court may award to the defendant its reasonable attorney's fees and expenses if the defendant prevails in the action and the court finds by clear and convincing evidence that the claim of the person bringing the action was clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment.
(E)(1) A court does not have jurisdiction over an action brought by a former or present member of the guard pursuant to subsection (B) against a member of the guard arising out of the person's service in the guard.
(2) A court does not have jurisdiction over an action brought pursuant to subsection (B) against a member of the General Assembly, a member of the judiciary, or an exempt official if the action is based on evidence or information known to the State when the action was brought. 'Exempt official' means the following officials in state service: directors of state agencies, the Adjutant General, the Assistant Adjutant General, members of state boards and commissions, and all other positions appointed by the Governor by and with the consent of the Senate.
(3) A person may not bring an action pursuant to subsection (B) which is based upon allegations or transactions which are the subject of a civil suit or an administrative civil money penalty proceeding in which the State is already a party.
(4) A court does not have jurisdiction over an action pursuant to this section based upon the public disclosure of allegations or transactions in a criminal, civil, or administrative hearing, in a legislative, administrative, or Legislative Audit Council's report, hearing, audit, or investigation, or from the news media, unless the action is brought by the Attorney General or the person bringing the action is an original source of the information. 'Original source' means an individual who has direct and independent knowledge of the information on which the allegations are based and has voluntarily provided the information to the State before filing an action pursuant to this section which is based on the information.
(F) The State is not liable for expenses which a person incurs in bringing an action pursuant to this section.
(G) An employee who is discharged, demoted, suspended, threatened, harassed, or in another manner discriminated against in the terms and conditions of employment by his employer because of lawful acts done by the employee on behalf of the employee or others in furtherance of an action pursuant to this section, including investigation for, initiation of, testimony for, or assistance in an action filed or to be filed pursuant to this section, is entitled to all relief necessary to make the employee whole. Relief includes reinstatement with the seniority status the employee would have had but for the discrimination; double the amounts of back pay, interest on the back pay, and compensation for special damages sustained as a result of the discrimination including litigation costs; and reasonable attorney's fees. An employee may bring an action in the appropriate circuit court for the relief provided in this subsection.
Section 15-85-50. (A) A subpoena requiring the attendance of a witness at a trial or hearing conducted pursuant to Section 15-85-40 may be served at any place in the State.
(B) A civil action pursuant to Section 15-85-40 may not be brought the latter of:
(1) more than ten years after the date on which the violation of Section 15-85-30 is committed; or
(2) more than six years after the date when facts material to the right of action are known or reasonably should have been known by the official of the State charged with responsibility to act in the circumstances, but in no event more than fifteen years after the date on which the violation is committed.
(C) In an action brought pursuant to Section 15-85-40, the State is required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.
(D) Notwithstanding another provision of law, a final judgment rendered in favor of the State in a criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty, estops the defendant from denying the essential elements of the offense in an action which involves the same transaction as in the criminal proceeding and which is brought pursuant to Section 15-85-40(A) or (B).
Section 15-85-60. (A) Whenever the Attorney General has reason to believe that a person may be in possession, custody, or control of documentary material or information relevant to an investigation, the Attorney General, before commencing a civil proceeding pursuant to this chapter, may issue in writing and cause to be served upon a person, a civil investigative demand requiring the person to:
(1) produce documentary material for inspection and copying;
(2) answer, in writing, written interrogatories with respect to documentary material or information;
(3) give oral testimony concerning documentary material or information; or
(4) furnish a combination of material, answers, or testimony.
(B) When a civil investigative demand is an express demand for a product of discovery, the Attorney General shall cause to be served, in a manner authorized by this section, a copy of the demand upon the person from whom the discovery was obtained and shall notify the person to whom the demand is issued of the date on which the copy was served.
(C) Each civil investigative demand issued pursuant to subsection (A) must state the nature of the conduct constituting an alleged violation, which is under investigation, and the applicable provision of law alleged to be violated.
(D) If the demand is for the production of documentary material, the demand must:
(1) describe each class of documentary material to be produced with such definiteness and certainty as to permit the material to be fairly identified;
(2) prescribe a return date for each class which will provide a reasonable period of time within which the material demanded may be assembled and made available for inspection and copying; and
(3) identify the investigator to whom the material must be made available.
(E) If the demand is for answers to written interrogatories, the demand must:
(1) list with specificity the written interrogatories to be answered;
(2) prescribe dates at which time answers to written interrogatories must be submitted; and
(3) identify the investigator to whom the answers must be submitted.
(F) If the demand is for the giving of oral testimony, the demand must:
(1) prescribe a date, time, and place at which oral testimony must be commenced;
(2) identify an investigator who shall conduct the examination and identify the custodian to whom the transcript of the examination must be submitted;
(3) specify that the attendance and testimony are necessary to the conduct of the investigation;
(4) notify the person receiving the demand of the right to be accompanied by an attorney and another representative; and
(5) describe the general purpose for which the demand is being issued and the general nature of the testimony, including the primary areas of inquiry, which will be taken pursuant to the demand.
(G) A civil investigative demand issued pursuant to this section which is an express demand for a product of discovery may not be returned or returnable until twenty days after a copy of the demand is served upon the person from whom the discovery was obtained.
(H) The date prescribed for the commencement of oral testimony pursuant to a civil investigative demand issued pursuant to this section must be a date which is not less than seven days after the date on which the demand is received, unless the Attorney General determines that exceptional circumstances are present which warrant the commencement of the testimony within a lesser period of time.
(I) The Attorney General shall not authorize the issuance pursuant to this section of more than one civil investigative demand for oral testimony by the same person unless the person requests otherwise or unless the Attorney General, after investigation, notifies that person in writing that an additional demand for oral testimony is necessary.
(J) A civil investigative demand issued under subsection (A) may not require the production of documentary material, the submission of answers to written interrogatories, or the giving of oral testimony if the material, answers, or testimony would be protected from disclosure pursuant to the standards applicable to:
(1) subpoenas or subpoenas duces tecum issued by a court of this State to aid in grand jury investigations; or
(2) discovery requests pursuant to the Rules of Civil Procedure, to the extent that the application of these standards to a demand is appropriate and consistent with the provisions and purposes of this section.
(K) Except as provided in this section, a demand which is an express demand for a product of discovery supersedes an inconsistent order, rule, or provision of law preventing or restraining disclosure of a product of discovery to another person. Disclosure of a product of discovery pursuant to an express demand does not constitute a waiver of any right or privilege which the person making the disclosure may be entitled to invoke to resist discovery of trial preparation materials.
Section 15-85-70. (A)(1) A civil investigative demand issued pursuant to Section 15-85-60(A) may be served by an investigator, or by another person authorized to serve process on individuals within South Carolina.
(2) A demand or petition filed pursuant to Section 15-85-120 may be served upon a person who is not found within South Carolina in a manner as the Rules of Civil Procedure and applicable statutory law prescribe for service of process outside South Carolina. To the extent that the courts of this State can assert jurisdiction over a person consistent with due process, the courts of this State have the same jurisdiction to take an action respecting compliance with this section by a person that the court would have if the person were personally within the jurisdiction of the court.
(B) Service of a civil investigative demand issued pursuant to Section 15-85-60 or of a petition filed pursuant to Section 15-85-120 may be made upon a partnership, corporation, association, or other legal entity by:
(1) delivering an executed copy of the demand or petition to a partner, executive officer, managing agent, general agent, or registered agent of the partnership, corporation, association, or entity;
(2) delivering an executed copy of the demand or petition to the principal office or place of business of the partnership, corporation, association, or entity; or
(3) depositing an executed copy of the demand or petition in the United States mail by registered or certified mail, with a return receipt requested, addressed to the partnership, corporation, association, or entity at its principal office or place of business.
(C) Service of a demand or petition pursuant to Section 15-85-60, or filed pursuant to Section 15-85-120, may be made on a natural person by:
(1) delivering an executed copy of the demand or petition to the person; or
(2) depositing an executed copy of the demand or petition in the United States mail by registered or certified mail, with a return receipt requested, addressed to the person at the person's residence or principal office or place of business.
(D) A verified return by the individual serving a civil investigative demand issued pursuant to Section 15-85-60 or a petition filed pursuant to Section 15-85-120 providing the manner of service is proof of service. In the case of service by registered or certified mail, the return is accompanied by the return post office receipt of delivery of the demand.
Section 15-85-80. (A) The production of documentary material in response to a civil investigative demand served pursuant to Section 15-85-60 must be made under a sworn certificate, in a form as the demand designates, by:
(1) the person to whom the demand is directed in the case of a natural person; or
(2) a person having knowledge of the facts and circumstances relating to the production and authorized to act on behalf of the person, in the case of a person other than a natural person.
(B) The certificate must state that all of the documentary material required by the demand and in the possession, custody, or control of the person to whom the demand is directed has been produced and made available to the investigator identified in the demand.
(C) A person upon whom a civil investigative demand for the production of documentary material has been served pursuant to Section 15-85-60 shall make the material available for inspection and copying to the investigator identified in the demand at the principal place of business of the person, or at another place as the investigator and the person may agree and prescribe in writing, or as the court may direct pursuant to Section 15-85-120(A). The material must be made available on the return date specified in the demand, or on a later date as the investigator may prescribe in writing. The person, upon written agreement between the person and the investigator, may substitute copies for originals of all or any part of the material.
Section 15-85-90. (A) Each interrogatory in a civil investigative demand served pursuant to Section 15-85-60 must be answered separately and fully in writing under oath and must be submitted under a sworn certificate, in a form as the demand designates by:
(1) the person to whom the demand is directed in the case of a natural person; or
(2) the person or persons responsible for answering each interrogatory, in the case of a person other than a natural person.
(B) If an interrogatory is objected to, the reasons for the objection must be stated in the certificate instead of an answer. The certificate must state that all information required by the demand and in the possession, custody, control, or knowledge of the person to whom the demand is directed has been submitted. To the extent that information is not furnished, the information must be identified and reasons provided with particularity regarding the reasons why the information was not furnished.
Section 15-85-100. (A) The examination of a person pursuant to a civil investigative demand for oral testimony served pursuant to Section 15-85-60 must be taken before an officer authorized to administer oaths and affirmations by the laws of the State or of the place where the examination is held. The officer before whom the testimony is to be taken shall put the witness under oath or affirmation and, personally or by someone acting under the direction of the officer and in the officer's presence, shall record the testimony of the witness. The testimony must be taken stenographically and must be transcribed. When the testimony is fully transcribed, the officer before whom the testimony is taken shall promptly transmit a copy of the transcript of the testimony to the custodian. This subsection does not preclude the taking of testimony by another means authorized by, and in a manner consistent with, the Rules of Civil Procedure or other applicable statutory law.
(B) The investigator conducting the examination shall exclude from the place where the examination is held all persons except the person giving the testimony, the attorney for and another representative of the person giving the testimony, the attorney for the State, a person who may be agreed upon by the attorney for the State, and the person giving the testimony, the officer before whom the testimony is to be taken, and a stenographer taking the testimony.
(C) The oral testimony of a person taken pursuant to a civil investigative demand served pursuant to Section 15-85-60 must be taken in the county within which the person resides, is found, or transacts business, or in another place as may be agreed upon by the investigator conducting the examination and the person.
(D) When the testimony is fully transcribed, the investigator or the officer before whom the testimony is taken shall afford the witness, who may be accompanied by counsel, a reasonable opportunity to examine and read the transcript, unless the examination and reading are waived by the witness. Changes in form or substance which the witness desires to make must be entered and identified upon the transcript by the officer or the investigator, with a statement of the reasons given by the witness for making the changes. The transcript must then be signed by the witness, unless the witness in writing waives the signing, is ill, cannot be found, or refuses to sign. If the transcript is not signed by the witness within thirty days after being afforded a reasonable opportunity to examine it, the officer or investigator shall sign it and state on the record the fact of the waiver, illness, absence of the witness, or the refusal to sign, together with the reasons given.
(E) The officer before whom the testimony is taken shall certify on the transcript that the witness was sworn by the officer and that the transcript is a true record of the testimony given by the witness, and the officer or investigator shall promptly deliver the transcript, or send the transcript by registered or certified mail, to the custodian.
(F) Upon payment of reasonable charges, the investigator shall furnish a copy of the transcript to the witness only, except that the Attorney General may, for good cause, limit the witness to inspection of the official transcript of his testimony.
(G) A person compelled to appear for oral testimony pursuant to a civil investigative demand issued pursuant to Section 15-85-60 may be accompanied, represented, and advised by counsel. Counsel may advise the person, in confidence, with respect to a question asked of the person. The person or counsel may object on the record to a question, in whole or in part, and shall briefly state for the record the reason for the objection. An objection may be made, received, and entered upon the record when it is claimed that the person is entitled to refuse to answer the question on the grounds of a constitutional or other legal right or privilege, including the privilege against self-incrimination. If the person refuses to answer a question, a petition may be filed in circuit court pursuant to Section 15-85-120(A) for an order compelling the person to answer the question.
(H) A person appearing for oral testimony pursuant to a civil investigative demand issued pursuant to Section 15-85-60 is entitled to the same fees and allowances which are paid to witnesses in the circuit court.
Section 15-85-110. (A) The Attorney General shall serve as custodian of documentary material, answers to interrogatories, and transcripts of oral testimony received pursuant to this chapter.
(B) Except as otherwise provided in this section, no documentary material, answers to interrogatories, or transcripts of oral testimony, or copies of these, while in the possession of the custodian, are available for examination. The prohibition on the availability of material, answers, or transcripts does not apply if consent is given by the person who produced the material, answers, or transcripts, or, in the case of a product of discovery produced pursuant to an express demand for the material, consent is given by the person from whom the discovery was obtained. Nothing in this subsection is intended to prevent disclosure to, at the discretion of the Attorney General, the General Assembly, including a committee or subcommittee of the General Assembly, or to another state agency for use by an agency in furtherance of its statutory responsibilities, or to another state Attorney General, or to a federal investigative entity, or to an appropriate investigative entity of another state. Disclosure of information to another entity is allowed only upon application, made by the Attorney General to a circuit court, showing substantial need for the use of the information by the agency in furtherance of its statutory responsibilities.
(C) While in the possession of the Attorney General and under reasonable terms and conditions as the Attorney General shall prescribe:
(1) documentary material and answers to interrogatories must be available for examination by the person who produced the material or answers, or by a representative for that person authorized by that person to examine the material and answers; and
(2) transcripts of oral testimony must be available for examination by the person who produced the testimony, or by a representative of that person authorized by that person to examine the transcripts.
Section 15-85-120. (A) When a person fails to comply with a civil investigative demand issued pursuant to Section 15-85-60, or whenever satisfactory copying or reproduction of material requested in the demand cannot be done and the person refuses to surrender the material, the Attorney General may file, in the circuit court of a county in which the person resides, is found, or transacts business, and serve upon the person a petition for an order of the court for the enforcement of the civil investigative demand.
(B) A person who has received a civil investigative demand issued pursuant to Section 15-85-60 may file, in the circuit court of a county within which the person resides, is found, or transacts business, and serve upon the investigator identified in the demand a petition for an order of the court to modify or set aside the demand. In the case of a petition addressed to an express demand for a product of discovery, a petition to modify or set aside the demand may be brought only in the circuit court of the county in which the proceeding in which discovery was obtained or was last pending. A petition pursuant to this subsection must be filed within:
(1) twenty days after the date of service of the civil investigative demand, or at a time before the return date specified in the demand, whichever date is earlier; or
(2) a longer period as may be prescribed in writing by an investigator identified in the demand.
(C) The petition must specify each ground upon which the petitioner relies in seeking relief pursuant to subsection (B) and may be based upon failure of the demand to comply with the provisions of this chapter or upon a constitutional or other legal right or privilege of the person. During the pendency of the petition in the court, the court may stay, as it deems proper, the running of the time allowed for compliance with the demand, in whole or in part, except that the person filing the petition shall comply with the portion of the demand not sought to be modified or set aside.
(D) In the case of a civil investigative demand issued pursuant to Section 15-85-60 which is an express demand for a product of discovery, the person from whom discovery was obtained may file, in the circuit court of the county in which the proceeding in which discovery was obtained or was last pending, and serve upon an investigator identified in the demand and upon the recipient of the demand, a petition for an order of the court to modify or set aside those portions of the demand requiring production of a product of discovery. A petition pursuant to this subsection must be filed within:
(1) twenty days after the date of service of the civil investigative demand, or at a time before the return date specified in the demand, whichever date is earlier; or
(2) a longer period as may be prescribed in writing by an investigator identified in the demand.
(E) The petition shall specify each ground upon which the petitioner relies in seeking relief upon subsection (D) and may be based upon failure of the portions of the demand from which relief is sought to comply with the provisions of this section or upon a constitutional or other legal right or privilege of the petitioner. During the pendency of the petition, the court may stay, as it deems proper, compliance with the demand and the running of the time allowed from compliance with the demand.
(F) At a time during which a custodian is in custody or control of documentary material or answers to interrogatories produced, or transcripts of oral testimony given, by a person in compliance with a civil investigative demand issued pursuant to Section 15-85-60, the person, and in the case of an express demand for a product of discovery, the person from whom discovery was obtained, may file, in the circuit court of the county within which the office of the custodian is situated, and serve upon such custodian, a petition for an order of the court to require the performance by the custodian of a duty imposed upon the custodian by this chapter.
(G) When a petition is filed in a circuit court pursuant to this section, the court has jurisdiction to hear and determine the matter so presented, and to enter orders as may be required to carry out the provisions of this section. A final order entered is subject to appeal in the same manner as appeals of other final orders in civil matters. A disobedience of a final order entered pursuant to this section by a court is punished as a contempt of the court.
(H) Documentary material, answers to written interrogatories, or oral testimony provided pursuant to a civil investigative demand issued pursuant to Section 15-85-60 is exempt from disclosure under the South Carolina Administrative Procedures Act.
Section 15-85-130. (A) There is created the State False Claims Act Investigation and Prosecution Fund as a special fund in the State Treasurer's Office. All proceeds of an action or settlement of a claim brought pursuant to this chapter must be deposited in the fund.
(B) Monies in the fund must be allocated as follows:
(1) twenty-five percent of the monies must be paid to the Attorney General; and
(2) the remaining seventy-five percent of the monies in the fund must be used for payment of awards, calculated on the full amount, to Qui Tam plaintiffs and as otherwise specified in this chapter.
(C) The Attorney General shall direct the State Treasurer to make disbursement of funds as provided in court orders setting those awards, fees, and expenses. The State Treasurer shall transfer fund balances in excess of those required for these purposes to the General Revenue Fund; provided, however, fund balances related to the South Carolina Medicaid Program shall be transferred to the Department of Health and Human Services.
Section 15-85-140. The Rules of Civil Procedure apply to all proceedings pursuant to this chapter, except when inconsistent with the provisions of this chapter."
SECTION __. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws. /
Amend the bill further, as and if amended, page 2, after line 13, by adding the following appropriately numbered new SECTION to read:
/ SECTION __. If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective. /
Renumber sections to conform.
Amend title to conform.
Senator MALLOY explained the amendment.
Senator MARTIN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator MALLOY spoke on the Point of Order.
The PRESIDENT Pro Tempore sustained the Point of Order.
The amendment was ruled out of order.
Senator HUTTO proposed the following amendment (JUD3700.002), which was adopted:
Amend the committee report, as and if amended, page [3700-1], after line 30, by adding an appropriately numbered new SECTION to read:
/ SECTION ___. Section 15-79-120 of the 1976 Code is amended to read:
"Section 15-79-120. At any time before a medical malpractice action is brought to trial, the parties shall participate in mediation governed by procedures established in the South Carolina Circuit Court Alternative Dispute Resolution Rules in effect at the time for the State or any portion of the State. Parties may also agree to participate in binding arbitration, non-binding arbitration, early neutral evaluation, or other forms of alternative dispute resolution." /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
The Committee on Judiciary proposed the following amendment (JUD3700.004), which was adopted:
Amend the bill, as and if amended, page 1, by striking lines 37-40 and inserting:
/ (5) for all matters between landlord and tenant pursuant to Chapters 33 through 40 of Title 27 including, but not limited to, an action for (a) possession of land, (b) payment or collection of rent including collection of rent by distraint on a tenant's property, or (c) damage to or destruction of rental property." /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
The amendment was adopted.
Senator MARTIN objected to further consideration.
H. 3968 (Word version) -- Reps. Govan, Clyburn, Rutherford, Hosey, Moody-Lawrence, Lee, Clark, Allen, Breeland, J. Brown, R. Brown, Davenport, Jefferson, Littlejohn, Mack, J.H. Neal, Rice and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-285 SO AS TO ENACT THE HEALTHY SOUTH CAROLINIANS 2010 ACT AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL DEVELOP AND PROMOTE HEALTHY SOUTH CAROLINIANS 2010 GOALS AND OBJECTIVES, USING THE FEDERAL HEALTHY PEOPLE 2010 AS A MODEL; TO PROVIDE THAT THE DEPARTMENT SHALL REPORT ANNUALLY TO THE GENERAL ASSEMBLY ON THE STATUS OF DISPARITIES IN HEALTH AMONG MINORITIES AND NONMINORITIES; TO PROVIDE THAT THE DEPARTMENT SHALL WORK WITH MINORITY PHYSICIAN NETWORKS TO DEVELOP PROGRAMS TO EDUCATE HEALTH CARE PROFESSIONALS ABOUT THE IMPORTANCE OF CULTURE IN HEALTH STATUS; TO PROVIDE THAT THE DEPARTMENT SHALL WORK WITH HEALTH ORGANIZATIONS TO INCREASE THE PROPORTION OF HEALTH CARE PROFESSIONALS FROM MINORITY BACKGROUNDS; AND TO PROVIDE THAT THE DEPARTMENT SHALL PROMOTE RESEARCH ON METHODS TO REDUCE DISPARITIES IN HEALTH CARE; AND TO ADD SECTION 44-6-225 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL CONTRACT WITH MINORITY PHYSICIAN NETWORKS TO PROVIDE COST-EFFECTIVE MEDICAID SERVICES; AND TO PROVIDE THAT THE DEPARTMENT SHALL WORK TO EXPAND MINORITY PHYSICIAN NETWORKS IN EACH HEALTH DISTRICT.
Senator MOORE explained the amendment.
On motion of Senator PEELER, with unanimous consent, the Bill was carried over.
H. 3640 (Word version) -- Reps. White and Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-145 SO AS TO PROVIDE THAT GROUND BEEF PREPARED BY A FOOD-SERVICE PROVIDER FOR PUBLIC CONSUMPTION MUST BE COOKED TO AT LEAST ONE HUNDRED FIFTY-FIVE DEGREES FAHRENHEIT UNLESS OTHERWISE ORDERED BY THE IMMEDIATE CONSUMER AND TO PROVIDE IMMUNITY FROM LIABILITY FOR SERVING BEEF COOKED AT SUCH TEMPERATURE UPON REQUEST AND TO REQUIRE A FOOD SERVICE PROVIDER TO PROVIDE A WRITTEN OR VERBAL WARNING OF THE RISKS OF EATING SUCH GROUND BEEF.
On motion of Senator CLEARY, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 3588 (Word version) -- Reps. Whipper, Sinclair, J.H. Neal, Brady, Barfield, Weeks, Hosey, Govan, Lucas, Harrison, Anderson, Bowers, Breeland, Hamilton, Haskins, Hayes, M. Hines, Littlejohn, Mahaffey, Phillips, Pinson, W.D. Smith, Taylor, Walker, Bailey and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-110 SO AS TO PROVIDE THAT COMMON LAW MARRIAGE IN THE STATE MAY NOT BE RECOGNIZED ON AND AFTER JANUARY 1, 2006, AND TO PROVIDE AN EXCEPTION FOR A COMMON LAW MARRIAGE EXISTING AS OF DECEMBER 31, 2005; AND TO REPEAL SECTION 20-1-360 RELATING TO THE VALIDITY OF A MARRIAGE CONTRACTED WITHOUT THE ISSUANCE OF A LICENSE.
Senator MARTIN moved to recommit the Bill to the Committee on Judiciary.
The Bill was recommitted to the Committee on Judiciary.
Senator FAIR desired to be recorded as voting against the motion to recommit the Bill to the Committee on Judiciary.
H. 3457 (Word version) -- Reps. White, Rivers, Duncan, G.R. Smith, Limehouse, Bailey, Hagood, Hamilton, Martin, M.A. Pitts, Scarborough, Sinclair, Vaughn, Young, Altman, Vick, Barfield, Clemmons and Loftis: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, BY ADDING SECTION 25, SO AS TO PROVIDE THAT CONSISTENT WITH THE RESPONSIBILITY OF THE STATE OF SOUTH CAROLINA, TO PROTECT, CONSERVE, AND REPLENISH THE NATURAL RESOURCES OF THIS STATE, THE PEOPLE OF SOUTH CAROLINA HAVE THE RIGHT TO HUNT, FISH, AND TAKE GAME SUBJECT TO REASONABLE RESTRICTIONS PRESCRIBED BY LAW RELATING TO METHODS, TIMES, AND LOCATIONS OF HUNTING, FISHING, AND TAKING GAME, THE RIGHTS OF THE OWNERS OF REAL PROPERTY AFFECTED BY HUNTING, FISHING, AND TAKING GAME, AND THE HEALTH AND SAFETY OF THE PEOPLE OF THE STATE.
Senator MOORE moved to recall the Joint Resolution from the Committee on Judiciary.
The Joint Resolution was recalled from the Committee on Judiciary and ordered placed on the Calendar for consideration tomorrow.
H. 5057 (Word version) -- Reps. Ceips, Cato, Harrison, Cooper, Martin, Altman, Ott, Rivers, Sandifer, Scarborough and E.H. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 11, TITLE 8 SO AS TO ENACT THE ILLEGAL ALIENS AND PUBLIC EMPLOYMENT ACT, TO REQUIRE PUBLIC EMPLOYERS OF THE STATE TO REGISTER AND PARTICIPATE IN THE FEDERAL WORK AUTHORIZATION PROGRAM, AND TO PROHIBIT PUBLIC EMPLOYERS OF THE STATE FROM ENTERING INTO CONTRACTS FOR SERVICES UNLESS THE CONTRACTORS AND SUBCONTRACTORS COMPLY WITH THE FEDERAL WORK AUTHORIZATION PROGRAM VERIFYING INFORMATION ON ALL NEW EMPLOYEES.
Senator MARTIN moved to set the Bill as a Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryant Campsen * Cleary Courson Cromer Fair Grooms Hawkins Hayes Lourie Martin McConnell Mescher Moore Peeler Rankin Richardson Ryberg * Scott Setzler Sheheen Thomas Verdin Williams
Anderson Elliott Ford Hutto Jackson Knotts Land Leventis Malloy McGill O'Dell Patterson Pinckney Reese Short
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
Having failed to receive the necessary vote, the motion to make the Bill a Special Order failed.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
At 2:16 P.M., Senator McCONNELL assumed the Chair.
HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF REPORTS OF COMMITTEES OF CONFERENCE AND FREE CONFERENCE.
Columbia, S.C., May 24, 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. 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.
Very respectfully,
Speaker of the House
Received as information.
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 Senate insisted upon its amendments to S. 680 and asked for a Committee of Conference.
Whereupon, Senators SHEHEEN, RYBERG and GROOMS were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., May 25, 2006
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Duncan, Umphlett and Funderburk to the Committee of Conference on the part of the House on:
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.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 24, 2006
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 572 (Word version) -- Senators Leatherman and Setzler: A BILL TO AMEND TITLE 11 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE.
(ABBREVIATED TITLE).
asks for a Committee of Conference, and has appointed Reps. Toole, McGee and Neilson to the committee on the part of the House.
Very respectfully,
Speaker of the House
Received as information.
S. 572 (Word version) -- Senators Leatherman and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-25 SO AS TO PROVIDE THAT THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE SUPERSEDES ANY OTHER CONFLICTING LAW; BY ADDING SECTION 11-35-3850 SO AS TO REDESIGNATE THE FORMER SECTION 11-35-4020 PROVIDING FOR THE SALE OF UNSERVICEABLE MATERIALS AND EQUIPMENT BY A GOVERNMENTAL BODY; BY ADDING SECTION 11-35-4420 SO AS TO PROVIDE THAT THE CHIEF PROCUREMENT OFFICER AND THE AFFECTED LOCAL GOVERNMENTAL BODY HAVE THE OPPORTUNITY TO PARTICIPATE FULLY IN MATTERS PENDING BEFORE OR APPEALED FROM THE PROCUREMENT REVIEW PANEL; TO AMEND SECTIONS 11-35-40, 11-35-45, 11-35-210, 11-35-310, 11-35-410, 11-35-450, 11-35-510, 11-35-540, 11-35-710, 11-35-810, 11-35-820, 11-35-830, 11-35-845, 11-35-1030, 11-35-1210, 11-35-1220, 11-35-1230, 11-35-1240, 11-35-1410, 11-35-1510, 11-35-1520, ALL AS AMENDED, SECTIONS 11-35-1525 AND 11-35-1528; AND SECTIONS 11-35-1530, 11-35-1550, 11-35-1560, 11-35-1575, 11-35-1825, 11-35-2010, 11-35-2030, 11-35-2210, 11-35-2410, 11-35-2440, 11-35-2710, 11-35-2720, 11-35-3020, 11-35-3030, 11-35-3040, 11-35-3060, 11-35-3220, 11-35-3230, 11-35-3240, 11-35-3245, 11-35-3410, 11-35-3510, 11-35-3820, 11-35-3840, 11-35-4210, 11-35-4220, 11-35-4230, 11-35-4340, 11-35-4410, 11-35-5220, 11-35-5230, 11-35-5240, 11-35-5260, AND 11-35-5270, ALL AS AMENDED, ALL RELATING TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO, AMONG OTHER THINGS, DELETE REFERENCES TO THE OFFICE OF GENERAL SERVICES OR DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD AND REPLACE THEM WITH THE TERMS "CHIEF PROCUREMENT OFFICER", "DESIGNATED BOARD OFFICE", OR "DESIGNATED BOARD OFFICER", AND TO PROVIDE, FURTHER THAT THE CHIEF EXECUTIVE OFFICER OF THE BUDGET AND CONTROL BOARD DESIGNATE THE APPROPRIATE OFFICE OR SUBDIVISION OF THE BOARD OR OFFICER OR POSITION OF THE BOARD; TO REPLACE REFERENCES OF PROCUREMENT REQUIREMENTS FOR "GOODS AND SERVICES" WITH "SUPPLIES, SERVICES, AND INFORMATION TECHNOLOGY", REFINE AND CONFORM VARIOUS COMPETITIVE BIDDING MODES, TO INCREASE MAXIMUM DOLLAR THRESHOLDS IN SEVERAL INSTANCES, TO REDUCE THE POTENTIAL BIDDERS TO BE RANKED IN CERTAIN CONSTRUCTION CONTRACTS FROM FIVE TO THREE, TO REDUCE THE CONTRACT AMOUNT ALLOWING WAIVER OF A BOND AND SECURITY, AND TO ADJUST SMALL PURCHASE THRESHHOLDS AND AGENCY BASELINE CERTIFICATION; TO PROVIDE THAT A GOVERNMENTAL BODY HAVE A GOAL THAT TEN PERCENT OF ITS TOTAL DOLLAR AMOUNT OF PROCUREMENT FUNDS EXPENDED BE WITH A MINORITY BUSINESS ENTERPRISE AND TO INCREASE THE TAX CREDIT FOR DEALING WITH AN MBE TO FIFTY THOUSAND DOLLARS ANNUALLY OVER TEN YEARS; TO SHORTEN THE PROTEST DEADLINE; AND TO PROVIDE THAT THE CHIEF PROCUREMENT OFFICER AND AN AFFECTED GOVERNMENTAL BODY HAVE THE OPPORTUNITY TO PARTICIPATE FULLY IN A REVIEW OR APPEAL OF AN ADMINISTRATIVE OR LEGAL DECISION MADE PURSUANT TO THE PROCUREMENT CODE; TO AMEND SECTION 12-6-3350, RELATING TO TAX CREDITS FOR STATE CONTRACTORS AND SUBCONTRACTORS WITH MINORITY FIRMS, SO AS TO INCREASE THE CREDIT TO FIFTY THOUSAND DOLLARS ANNUALLY FOR TEN YEARS; AND TO REPEAL SUBARTICLE 11 OF ARTICLE 1, CHAPTER 35, TITLE 11 RELATING TO THE ACCEPTANCE OF GIFTS IN KIND OF ARCHITECTURAL AND ENGINEERING SERVICES BY A GOVERNMENTAL BODY; SECTION 11-35-1270, AS AMENDED, RELATING TO AUTHORITY TO CONTRACT FOR CERTAIN SERVICES, AND SUBARTICLE 5 OF ARTICLE 15, CHAPTER 35, TITLE 11 RELATING TO THE CONTINUATION OF CERTAIN PROVISIONS OF LAW.
Whereupon, Senators SETZLER, O'DELL and CROMER were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.
S. 1261 (Word version) -- Senators Verdin, Knotts, Mescher, Alexander, Grooms, Bryant, Peeler, Campsen, Leatherman, McConnell and Ryberg: A BILL TO AMEND SECTION 23-31-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO DEFINE "QUALIFIED NON-RESIDENT"; AND TO AMEND SECTION 23-31-215, RELATING TO THE ISSUANCE OF PERMITS OF CONCEALABLE WEAPONS PERMITS, SO AS TO PROVIDE THAT SLED MUST ISSUE A PERMIT TO CARRY A CONCEALABLE WEAPON TO A RESIDENT OR QUALIFIED NON-RESIDENT UPON PROPER APPLICATION.
The House returned the Bill with amendments.
Senator HUTTO proposed the following amendment (1261R001.CBH), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 23-31-210 of the 1976 Code is amended to read:
"Section 23-31-210. As used in this article:
(1) 'Resident' means an individual who is present in South Carolina with the intention of making a permanent home in South Carolina or military personnel on permanent change of station orders.
(2) 'Qualified non-resident' means an individual who owns real property in South Carolina, but who resides in another state.
(2)(3) 'Picture identification' means:
(a) a valid South Carolina driver's license, or if the applicant is a qualified non-resident, a valid driver's license issued by the state in which the applicant resides; or
(b) an official photographic identification card issued by the Department of Revenue, a federal or state law enforcement agency, an agency of the United States Department of Defense, or the United States Department of State.
(3)(4) 'Proof of residence' means a person's current address on the original or certified copy of:
(a) a valid South Carolina driver's license;
(b) an official identification card issued by the Department of Revenue, a federal or state law enforcement agency, an agency of the United States Department of Defense, or the United States Department of State;
(c) a voter registration card; or
(d) another document that SLED may determine that fulfills this requirement.
(4)(5) 'Proof of training' means an original document or certified copy of the document supplied by an applicant that certifies that he is either:
(a) a person who, within three years before filing an application, has successfully completed a basic or advanced handgun education course offered by a state, county, or municipal law enforcement agency or a nationally recognized organization that promotes gun safety. This education course must be a minimum of eight hours and must include, but is not limited to:
(i) information on the statutory and case law of this State relating to handguns and to the use of deadly force;
(ii) information on handgun use and safety;
(iii) information on the proper storage practice for handguns with an emphasis on storage practices that reduces the possibility of accidental injury to a child; and
(iv) the actual firing of the handgun in the presence of the instructor;
(b) an instructor certified by the National Rifle Association or another SLED-approved competent national organization that promotes the safe use of handguns;
(c) a person who can demonstrate to the Director of SLED or his designee that he has a proficiency in both the use of handguns and state laws pertaining to handguns;
(d) an active duty police handgun instructor;
(e) a person who has a SLED-certified or approved competitive handgun shooting classification; or
(f) a member of the active or reserve military, or a member of the National Guard who has had handgun training in the previous three years.
SLED shall promulgate regulations containing general guidelines for courses and qualifications for instructors which would satisfy the requirements of this item. For purposes of subitems (a) and (b), 'proof of training' is not satisfied unless the organization and its instructors meet or exceed the guidelines and qualifications contained in the regulations promulgated by SLED pursuant to this item.
(5)(6) 'Concealable weapon' means a firearm having a length of less than twelve inches measured along its greatest dimension that must be carried in a manner that is hidden from public view in normal wear of clothing except when needed for self-defense, defense of others, and the protection of real or personal property.
(7) 'Proof of ownership of real property' means a certified current document from the county assessor of the county in which the property is located verifying ownership of the real property. SLED must determine the appropriate document that fulfills this requirement."
SECTION 2. Section 23-31-215 of the 1976 Code is amended to read:
"(A) Notwithstanding any other provision of law, except subject to subsection (B) of this section, SLED must issue a permit, which is no larger than three and one-half inches by three inches in size, to carry a concealable weapon to a resident or qualified non-resident who is at least twenty-one years of age and who is not prohibited by state law from possessing the weapon upon submission of:
(1) a completed application signed by the person;
(2) one current full face color photograph of the person, not smaller than one inch by one inch nor larger than three inches by five inches;
(3) proof of residence or if the person is a qualified non-resident, proof of ownership of real property in this State;
(4) proof of actual or corrected vision rated at 20/40 within six months of the date of application or, in the case of a person licensed to operate a motor vehicle in this State, presentation of a valid driver's license;
(5) proof of training;
(6) payment of a fifty-dollar application fee. This fee must be waived for disabled veterans and retired law enforcement officers; and
(7) a complete set of fingerprints unless, because of a medical condition verified in writing by a licensed medical doctor, a complete set of fingerprints is impossible to submit. In lieu of the submission of fingerprints, the applicant must submit the written statement from a licensed medical doctor specifying the reason or reasons why the applicant's fingerprints may not be taken. If all other qualifications are met, the Director of SLED may waive the fingerprint requirements of this item. The statement of medical limitation must be attached to the copy of the application retained by SLED. A law enforcement agency may charge a fee not to exceed five dollars for fingerprinting an applicant.
(B) Upon submission of the items required by subsection (A) of this section, SLED must conduct or facilitate a local, state, and federal fingerprint review of the applicant. SLED must also conduct a background check of the applicant through notification to and input from the sheriff of the county where the applicant resides or if the applicant is a qualified non-resident, where the applicant owns real property in this State. The sheriff must, within ten working days after notification by SLED, submit a recommendation on an application. Before making a determination whether or not to issue a permit under this article, SLED must consider the recommendation provided pursuant to this subsection. The failure of the sheriff to submit a recommendation within the ten-day period constitutes a favorable recommendation for the issuance of the permit to the applicant. If the fingerprint review and background check are favorable, SLED must issue the permit.
(C) SLED shall issue a written statement to an unqualified applicant specifying its reasons for denying the application within ninety days from the date the application was received; otherwise, SLED shall issue a concealable weapon permit. If an applicant is unable to comply with the provisions of Section 23-31-210(4), SLED shall offer the applicant a handgun training course that satisfies the requirements of Section 23-31-210(4)(a). The course shall cost fifty dollars. SLED shall use the proceeds to defray the training course's operating costs. If a permit is granted by operation of law because an applicant was not notified of a denial within the ninety-day notification period, the permit may be revoked upon written notification from SLED that sufficient grounds exist for revocation or initial denial.
(D) Denial of an application may be appealed. The appeal must be in writing and state the basis for the appeal. The appeal must be submitted to the Chief of SLED within thirty days from the date the denial notice is received. The chief shall issue a written decision within ten days from the date the appeal is received. An adverse decision shall specify the reasons for upholding the denial and may be reviewed by the Administrative Law Judge Division pursuant to Article 5, Chapter 23 of Title 1, upon a petition filed by an applicant within thirty days from the date of delivery of the division's decision.
(E) SLED must make permit application forms available to the public. A permit application form shall require an applicant to supply:
(1) name, including maiden name if applicable;
(2) date and place of birth;
(3) sex;
(4) race;
(5) height;
(6) weight;
(7) eye and hair color;
(8) current residence address, or if the applicant is a qualified non-resident, current residence address and where the applicant owns real property in this State; and
(9) all residence addresses for the three years preceding the application date.
(F) The permit application form shall require the applicant to certify that:
(1) he is not a person prohibited under state law from possessing a weapon;
(2) he understands the permit is revoked and must be surrendered immediately to SLED if the permit holder becomes a person prohibited under state law from possessing a weapon;
(3) he is a resident of this State, or he is military personnel on permanent change of station orders, or is a qualified non-resident; and
(4) all information contained in his application is true and correct to the best of his knowledge.
(G) Medical personnel, law enforcement agencies, organizations offering handgun education courses pursuant to Section 23-31-210(4)(a), and their personnel, who in good faith provide information regarding a person's application, must be exempt from liability that may arise from issuance of a permit; provided, however, a weapons instructor must meet the requirements established in Section 23-31-210(4)(b), (c), (d), (e), or (f) in order to be exempt from liability under this subsection.
(H) A permit application must be submitted in person or by mail to SLED headquarters which shall verify the legibility and accuracy of the required documents.
(I) SLED must maintain a list of all permit holders and the current status of each permit. Upon request, SLED must release the list of permit holders or verify an individual's permit status. SLED may charge a fee not to exceed its costs in releasing the information under this subsection.
(J) A permit is valid statewide unless revoked because the person has:
(1) become a person prohibited under state law from possessing a weapon;
(2) moved his permanent residence to another state and no longer owns real property in this State;
(3) voluntarily surrendered the permit; or
(4) been charged with an offense that, upon conviction, would prohibit the person from possessing a firearm. However, if the person subsequently is found not guilty of the offense, then his permit must be reinstated at no charge.
Once a permit is revoked, it must be surrendered to a sheriff, police department, a SLED agent, or by certified mail to the Chief of SLED. A person who fails to surrender his permit in accordance with this subsection is guilty of a misdemeanor and, upon conviction, must be fined twenty-five dollars.
(K) A permit holder must have his permit identification card in his possession whenever he carries a concealable weapon. When carrying a concealable weapon pursuant to Article 4 of Chapter 31 of Title 23, a permit holder must inform a law enforcement officer of the fact that he is a permit holder and present the permit identification card when an officer (1) identifies himself as a law enforcement officer and (2) requests identification or a driver's license from a permit holder. A permit holder immediately must report the loss or theft of a permit identification card to SLED headquarters. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined twenty-five dollars.
(L) SLED shall issue a replacement for lost, stolen, damaged, or destroyed permit identification cards after the permit holder has updated all information required in the original application and the payment of a five-dollar replacement fee. Any change of permanent address must be communicated in writing to SLED within ten days of the change accompanied by the payment of a fee of five dollars to defray the cost of issuance of a new permit. SLED shall then issue a new permit with the new address. A permit holder's failure to notify SLED in accordance with this subsection constitutes a misdemeanor punishable by a twenty-five dollar fine. The original permit shall remain in force until receipt of the corrected permit identification card by the permit holder, at which time the original permit must be returned to SLED.
(M) A permit issued pursuant to this section does not authorize a permit holder to carry a concealable weapon into a:
(1) police, sheriff, or highway patrol station or any other law enforcement office or facility;
(2) detention facility, prison, or jail or any other correctional facility or office;
(3) courthouse or courtroom;
(4) polling place on election days;
(5) office of or the business meeting of the governing body of a county, public school district, municipality, or special purpose district;
(6) school or college athletic event not related to firearms;
(7) daycare facility or pre-school facility;
(8) place where the carrying of firearms is prohibited by federal law;
(9) church or other established religious sanctuary unless express permission is given by the appropriate church official or governing body; or
(10) hospital, medical clinic, doctor's office, or any other facility where medical services or procedures are performed unless expressly authorized by the employer.
A person who wilfully violates a provision of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than one year, or both, at the discretion of the court and have his permit revoked for five years.
Nothing contained herein may be construed to alter or affect the provisions of Sections 10-11-320, 16-23-420, 16-23-430, 16-23-465, 44-23-1080, 44-52-165, 50-9-830, and 51-3-145.
(N) Valid out-of-state permits to carry concealable weapons held by a resident of a reciprocal state must be honored by this State. SLED shall make a determination as to those states which have permit issuance standards equal to or greater than the standards contained in this article and shall maintain and publish a list of those states as the states with which South Carolina has reciprocity.
(O) A permit issued pursuant to this article is not required for a person:
(1) specified in Section 16-23-20, items (1) through (5) and items (7) through (11);
(2) carrying a self-defense device generally considered to be nonlethal including the substance commonly referred to as 'pepper gas';
(3) carrying a concealable weapon in a manner not prohibited by law.
(P) A permit issued pursuant to this article is valid for four years. Subject to subsection (Q) of this section, SLED shall renew a currently valid permit upon:
(1) payment of a fifty-dollar renewal fee by the applicant. This fee must be waived for disabled veterans and retired law enforcement officers;
(2) completion of the renewal application; and
(3) submission of a photocopy of the applicant's valid South Carolina driver's license or South Carolina identification card, or if the applicant is a qualified non-resident, a photocopy of the applicant's valid driver's license or identification card issued by the state in which the applicant resides.
(Q) Upon submission of the items required by subsection (P) of this section, SLED must conduct or facilitate a local, state, and federal fingerprint review of the applicant. If the background check is favorable, SLED must renew the permit.
(R) No provision contained within this article shall expand, diminish, or affect the duty of care owed by and liability accruing to, as may exist at law immediately before the effective date of this article, the owner of or individual in legal possession of real property for the injury or death of an invitee, licensee, or trespasser caused by the use or misuse by a third party of a concealable weapon. Absence of a sign prohibiting concealable weapons shall not constitute negligence or establish a lack of duty of care.
(S) Once a concealed weapon permit holder is no longer a resident of this State or is no longer a qualified non-resident, his concealed weapon permit is void, and immediately must be surrendered to SLED."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was amended and ordered returned to the House with amendments.
S. 1165 (Word version) -- Senator Land: A BILL TO AMEND SECTION 56-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL RESTRICTED DRIVER'S LICENSES TO MINORS BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE RESTRICTIONS PLACED ON A DRIVER WHO IS ISSUED THIS LICENSE MAY BE MODIFIED OR WAIVED IF THE LICENSEE PROVES TO THE DEPARTMENT THAT THE RESTRICTIONS INTERFERE WITH TRAVEL BETWEEN THE LICENSEE'S HOME AND PLACE OF WORSHIP.
The House returned the Bill with amendments.
Senator RYBERG proposed the following amendment (1165R001.WGR), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 56-1-180(B)(1)(b) of the 1976 Code is amended to read:
"(b) travel between the licensee's home and place of employment, or school, church related activities, or for a medical emergency; or"
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator GROOMS explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was amended and ordered returned to the House with amendments.
H. 4800 (Word version) -- Reps. Bannister, Allen, Cato, Hamilton, Haskins, Leach, Loftis, Rice, F.N. Smith, G.R. Smith, Taylor, Tripp, Vaughn, Skelton, Duncan, Mitchell, Moody-Lawrence, Haley, E.H. Pitts, Martin, Huggins, Anderson, Anthony, Bailey, Ballentine, Battle, Cooper, Hardwick, Harrell, Harrison, Hiott, Limehouse, Mahaffey, Norman, Owens, Perry, Sandifer, Scarborough, Sinclair, W.D. Smith, Stewart, Young and Thompson: A BILL TO AMEND SECTIONS 12-6-3360, AS AMENDED, 12-6-3410, AS AMENDED, AND 12-6-3420, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO THE TARGETED JOBS TAX CREDIT, THE INCOME TAX CREDIT FOR ESTABLISHING OR ADDING TO A CORPORATE HEADQUARTERS IN THIS STATE, AND THE TAX CREDIT ALLOWED A CORPORATION FOR CONSTRUCTION OR IMPROVEMENT OF AN INFRASTRUCTURE PROJECT, SO AS TO ALLOW THESE CREDITS TO BE CLAIMED AGAINST THE BANK TAX AND TO MAKE CONFORMING AMENDMENTS.
The House returned the Bill with amendments.
On motion of Senator O'DELL, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 1107 (Word version) -- Senator Hawkins: A BILL TO AMEND SECTION 59-17-130(A) OF THE 1976 CODE, RELATING TO HIGH SCHOOL COURSES IN AMERICAN SIGN LANGUAGE, TO PROVIDE THAT A SCHOOL DISTRICT MAY GIVE CREDIT AS A FOREIGN LANGUAGE TO A PUPIL WHO SATISFACTORILY COMPLETES A HIGH SCHOOL COURSE IN AMERICAN SIGN LANGUAGE.
The House returned the Bill with amendments.
On motion of Senator COURSON, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 1243 (Word version) -- Senators Rankin, Bryant, Peeler, Setzler, Knotts, Land, Williams, Cromer, Hutto, Elliott, Scott, Richardson, Ritchie, Short, Thomas and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-32-260 SO AS TO PROVIDE FOR THE PREPARATION AND SUPERVISION OF THE CLOSING DOCUMENTS AND THE CLOSING OF A PURCHASE AND SALE OF AN INTEREST IN A VACATION TIME SHARING PLAN, AND TO EXEMPT THE TRANSACTION FROM THE ATTORNEY PREFERENCE REQUIREMENT IN THE CONSUMER PROTECTION CODE IF THE CLOSING DOCUMENTS CONTAIN A CONSPICUOUS DISCLOSURE TO A PARTY TO A PURCHASE AND SALE OF AN INTEREST IN A VACATION TIME SHARING PLAN OF THE NEED TO UNDERSTAND HIS RIGHTS AND OBLIGATIONS PURSUANT TO THE CLOSING DOCUMENTS; AND TO AMEND SECTION 27-32-10, AS AMENDED, RELATING TO DEFINITIONS IN CONNECTION WITH A VACATION TIME SHARING PLAN, SO AS TO REVISE THE DEFINITION OF "CONTRACT".
The House returned the Bill with amendments.
On motion of Senator RANKIN, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 148 (Word version) -- Senators Campsen and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-39-112 ENACTING THE "SOUTH CAROLINA RELEASED TIME CREDIT ACT", SO AS TO PROVIDE THAT A SCHOOL DISTRICT BOARD OF TRUSTEES MAY AWARD HIGH SCHOOL STUDENTS ELECTIVE CARNEGIE UNITS FOR THE COMPLETION OF RELEASED TIME CLASSES IN RELIGIOUS INSTRUCTION AND TO PROVIDE THAT THE RELEASED TIME CLASSES MUST BE EVALUATED ON THE BASIS OF PURELY SECULAR CRITERIA.
The House returned the Bill with amendments.
On motion of Senator COURSON, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 1032 (Word version) -- Senator Lourie: A BILL TO AMEND SECTION 44-63-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DELAYED BIRTH CERTIFICATES, SO AS TO FURTHER SPECIFY THE PROCEDURES FOR OBTAINING A COURT-ORDERED BIRTH CERTIFICATE, INCLUDING REQUIRING ATTACHMENT OF A CERTIFICATION TO THE PETITION FROM THE STATE REGISTRAR OF VITAL STATISTICS STATING THAT NO BIRTH RECORD HAS BEEN LOCATED AND ADDITIONAL INFORMATION REQUIRED TO BE INCLUDED IN THE ORDER ESTABLISHING THE RECORD OF BIRTH.
The House returned the Bill with amendments.
On motion of Senator HAYES, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 66 (Word version) -- Senators Short, Ford, Lourie, Cleary, Malloy and Ryberg: A BILL TO AMEND SECTIONS 44-61-120, AS AMENDED, 44-61-130, AS AMENDED, AND 44-61-330 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO EMERGENCY MEDICAL SERVICES, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO INCLUDE GUIDELINES FOR THE ADMINISTRATION OF EPINEPHRINE IN A COMPREHENSIVE STATEWIDE EMERGENCY MEDICAL SERVICES PLAN; TO AUTHORIZE EMERGENCY MEDICAL TECHNICIANS TO POSSESS EPINEPHRINE; AND TO REQUIRE GUIDELINES FOR THE ADMINISTRATION OF EPINEPHRINE TO A CHILD SUFFERING FROM A SEVERE ALLERGIC REACTION.
The House returned the Bill with amendments.
On motion of Senator FAIR, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
S. 1030 (Word version) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis, Ford and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 1 TO TITLE 28 SO AS TO ENACT THE SOUTH CAROLINA PRIVATE PROPERTY RIGHTS PROTECTION ACT; TO AMEND SECTIONS 28-2-60 AND 28-2-210, RELATING TO EMINENT DOMAIN BY SUBSTITUTING "PUBLIC USE" FOR "PUBLIC PURPOSE"; TO AMEND SECTION 28-11-30, RELATING TO ACQUISITIONS OF REAL PROPERTY BY STATES AND POLITICAL SUBDIVISIONS, SO AS TO SUBSTITUTE "PUBLIC BODY" FOR "ENTITY"; TO AMEND SECTION 4-9-30, AS AMENDED, RELATING TO A COUNTY'S POWERS UNDER THE ALTERNATE FORMS OF GOVERNMENT, SO AS TO REQUIRE A COUNTY TO ADHERE TO STATEWIDE STANDARDS OF EXERCISING EMINENT DOMAIN AND DELETE PROVISIONS CONCERNING THE USE OF EMINENT DOMAIN TO UNDERTAKE AND CARRY OUT CLEARANCE AND REDEVELOPMENT OF BLIGHTED OR SLUM PROPERTY; AND TO AMEND SECTION 5-7-50, RELATING TO A MUNICIPALITY'S POWER OF EMINENT DOMAIN, SO AS TO REQUIRE A MUNICIPALITY TO ADHERE TO STATEWIDE STANDARDS OF EXERCISING EMINENT DOMAIN AND DELETE PROVISIONS CONCERNING USE OF EMINENT DOMAIN TO UNDERTAKE AND CARRY OUT CLEARANCE AND REDEVELOPMENT OF BLIGHTED OR SLUM PROPERTY.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
H. 4503 (Word version) -- Reps. Edge, Harrison, Harrell, Merrill, Bingham, Young, Loftis, Perry, Haskins, Witherspoon, Bailey, Cato, Vaughn, Altman, Sandifer, G.R. Smith, Walker, Jefferson, Mack, Vick, Hardwick, Clemmons, Bales, Neilson, Mahaffey, Clark, Simrill, Viers, Duncan, Thompson, G.M. Smith, Lucas, M.A. Pitts, Rice, Hinson and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REFORM CERTAIN EMINENT DOMAIN PROCEDURES BY ADDING SECTION 4-9-32 SO AS TO PROVIDE FOR PROCEDURES REQUIRED OF A COUNTY BEFORE IT MAY EXERCISE EMINENT DOMAIN; BY ADDING SECTIONS 28-2-65 AND 28-2-67 SO AS TO PROVIDE THAT THE OWNER OF CONDEMNED PROPERTY HAS THE RIGHT OF FIRST REFUSAL TO REDEEM HIS PROPERTY IF THE CONDEMNING ENTITY DOES NOT USE THE PROPERTY FOR THE INTENDED PUBLIC USE OR IT CONTEMPLATES A SALE TO ANOTHER PARTY; BY ADDING SECTION 28-3-25 SO AS TO REQUIRE WRITTEN APPROVAL BEFORE CERTAIN PUBLIC BODIES MAY EXERCISE EMINENT DOMAIN; BY ADDING CHAPTER 4 TO TITLE 28 SO AS TO ENACT THE "JUST COMPENSATION FOR LAND USE RESTRICTIONS ACT" PROVIDING A PROCESS FOR CALCULATING AND OBTAINING JUST COMPENSATION WHEN A LAND USE REGULATION AFFECTS A LAND'S VALUE; BY ADDING SECTION 31-7-26 SO AS TO PROVIDE THAT THE TAX INCREMENT FINANCING ACT (TIF) FOR COUNTIES DOES NOT APPLY TO AGRICULTURAL REAL PROPERTY; TO AMEND SECTION 4-9-30, RELATING TO A COUNTY'S AUTHORITY TO EXERCISE EMINENT DOMAIN, SO AS TO LIMIT THE EXERCISE OF EMINENT DOMAIN FOR SLUM CLEARANCE AND REDEVELOPMENT OF A BLIGHTED AREA BY A COUNTY; TO AMEND SECTION 5-7-50, RELATING TO A MUNICIPALITY'S AUTHORITY TO EXERCISE EMINENT DOMAIN, SO AS TO LIMIT THE EXERCISE OF EMINENT DOMAIN FOR SLUM CLEARANCE AND REDEVELOPMENT OF A BLIGHTED AREA AND TO PROVIDE REQUIRED PROCEDURES BEFORE THE EXERCISE; TO AMEND SECTION 28-2-30, RELATING TO DEFINITIONS FOR PURPOSES OF EXERCISING EMINENT DOMAIN, SO AS TO DEFINE "BLIGHTED", "JUST COMPENSATION", AND "PUBLIC USE"; TO AMEND SECTIONS 28-3-20 AND 28-3-30, BOTH RELATING TO STATE AUTHORITIES WITH EMINENT DOMAIN POWER, SO AS TO SPECIFY PUBLIC ENTITIES OTHER THAN COUNTIES AND MUNICIPALITIES INCLUDING CERTAIN INSTITUTIONS OF HIGHER LEARNING, THE STATE PORTS AUTHORITY, AND THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 31-7-30, AS AMENDED, RELATING TO TIF FOR COUNTIES, SO AS TO DEFINE "AGRICULTURAL REAL PROPERTY" AND "BLIGHTED"; BY ADDING SECTION 6-33-25, RELATING TO TIF FOR MUNICIPALITIES, SO AS TO EXCLUDE AGRICULTURAL PROPERTY FROM ITS PROVISIONS; TO AMEND SECTION 6-33-30, RELATING TO TIF FOR MUNICIPALITIES, SO AS TO DEFINE "AGRICULTURAL REAL PROPERTY" AND "BLIGHTED"; BY ADDING SECTION 31-6-25, RELATING TO TIF FOR REDEVELOPMENT PROJECTS, SO AS TO EXCLUDE AGRICULTURAL PROPERTY FROM ITS PROVISIONS; AND TO AMEND SECTION 31-6-30, AS AMENDED, RELATING TO TIF FOR REDEVELOPMENT PROJECTS, SO AS TO REDEFINE "AGRICULTURAL REAL PROPERTY" AND "BLIGHTED" AREAS.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator MARTIN proposed the following amendment (4503R001.LAM), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Title 28 of the 1976 Code is amended by adding:
PRIVATE PROPERTY RIGHTS PROTECTION
Section 28-1-10. This chapter may be cited as the 'South Carolina Private Property Rights Protection Act'.
Section 28-1-20. As used in this title:
(1) 'Condemnation date' means either (a) the date the condemnation action is filed, or (b) the date the document transferring ownership is recorded, whichever occurs first.
(2) 'Condemnor' means a person or other entity empowered by the General Assembly or federal government to condemn property by eminent domain.
(3) 'Date of taking' means the date when the condemnor files formal notice with the clerk of court.
(4) 'Assignee' means a person or entity that has been assigned, gifted, granted, bequested, or devised a right of first refusal.
(5) 'Public use' means the standard in the State Constitution by which private property may be condemned by eminent domain.
Section 28-1-30. Notwithstanding any other provision of law to the contrary, a condemnor's acquisition of property by eminent domain must comply with the following requirements:
(1) Except as provided in the State Constitution, private property shall not be taken for private use without the consent of the owner, or for public use without just compensation being first made for the property. Private property shall not be condemned by eminent domain for any purpose or benefit, including, but not limited to, the purpose or benefit of economic development, unless the condemnation is for public use.
(2) Only a condemnor shall exercise the power of eminent domain in this State, and a condemnor must not delegate his authority to a person or other entity that has not been empowered by the General Assembly or federal government to condemn private property by eminent domain.
(3) The condemnor must:
(a) provide written notice to the condemnee in substantially the following form: THIS IS AN EMINENT DOMAIN CONDEMNATION AND IS A LEGAL PROCESS THAT INVOLVES VALUATION OF PROPERTY DESCRIBED HEREIN. YOU MAY NEED TO CONSULT AN ATTORNEY AND/OR A REAL ESTATE PROFESSIONAL IN ORDER TO PROTECT YOUR LEGAL RIGHTS;
(b) file the notice with the formal condemnation notice with the clerk of court; and
(c) maintain a publicly available document that states the public use for property that has been condemned.
Section 28-1-40. (A) This section does not apply:
(1) if its provisions are otherwise contrary to the State or Federal Constitution or federal law;
(2) when condemned property is sold, leased, exchanged, transferred, or otherwise conveyed by one condemnor to another condemnor who may exercise eminent domain authority for the same or similar public use;
(3) to an uneconomic remainder acquired pursuant to Section 28-2-100;
(4) to the lease of property by the condemnor for additional uses not in conflict with a planned or ongoing public use of the property;
(5) if the condemnee expressly waives a right of first refusal in the conveyance document; or
(6) if a condemnee fails to appear and claim a right of first refusal in the condemnation proceedings.
(B) When a fee simple interest in property is condemned after the effective date of this section, a condemnor must inform a condemnee that he may choose to exercise or to decline a right of first refusal to repurchase the condemned property, as provided in this section, if the condemned property is sold less than twenty years after the condemnation date.
(C) Except as provided in subsection (A) or unless a failure to receive the current appraised value would result in a loss of federal funding for a project, if the condemned property is sold by the condemnor less than twenty years after the condemnation date, the condemnor must offer the condemnee the right of first refusal to purchase the condemned property as follows:
(1) if the sale occurs up to five years after the condemnation date, the purchase price is no more than the price paid as just compensation for the condemnation;
(2) if the sale occurs more than five years after and up to six years after the condemnation date, then the purchase price is no more than sixty percent of the fair market value of the property or the condemnation price, whichever is greater;
(3) if the sale occurs more than six years after and up to seven years after the condemnation date, then the purchase price is no more than seventy percent of the fair market value of the property or the condemnation price, whichever is greater;
(4) if the sale occurs more than seven years after and up to eight years after the condemnation date, then the purchase price is no more than eighty percent of the fair market value of the property or the condemnation price, whichever is greater;
(5) if the sale occurs more than eight years after and up to nine years after the condemnation date, then the purchase price is no more than ninety percent of the fair market value of the property or the condemnation price, whichever is greater;
(6) if the sale occurs more than nine years after the condemnation date, then the purchase price is no more than one hundred percent of the fair market value of the property.
(D) If the condemnee declines the right of first refusal at the time the property is condemned, then the conveyance document transferring the condemned property from the condemnee to the condemnor shall explicitly state that such right of first refusal has been declined and does not exist.
(E) If the condemnee does not decline the right of first refusal at the time the property is condemned, the conveyance document transferring the property from the condemnee to the condemnor must contain provisions that:
(1) grant the condemnee the right of first refusal if the condemned property is sold by the condemnor less than twenty years after the condemnation date;
(2) provide that the right of first refusal is transferable by way of gift, bequest, or devise to an assignee only if:
(a) the condemnee files with the clerk of court or register of deeds in the county where the property is located a notice of the gift, bequest, or devise as provided in subsection (F); and
(b) the gift, bequest, or devise vests as provided by the law of this State; and
(3) provide for service of notice to the condemnee, his agent, or an assignee to whom the right of first refusal has been transferred if the property is sold pursuant to the requirements of subsection (G).
(F) The condemnee, his agent, or an assignee to whom the right of first refusal has been transferred:
(1) must file with the clerk of court or register of deeds and with the condemnor a permanent address for service of notice if the property is sold;
(2) must file with the clerk of court or register of deeds and with the condemnor of any change in the permanent address for service of notice;
(3) is conclusively considered to have declined the right of first refusal if a permanent address or change of permanent address for service of notice is not provided to the condemnor; and
(4) is conclusively considered to have waived any right of first refusal if he fails to appear and claim a right of first refusal in the condemnation proceedings.
(G)(1) If the condemnor provides notice by certified letter, including the name and address of the person to be notified of the intent to exercise the right of first refusal, to the permanent address for service of notice to the condemnee, his agent, or an assignee to whom the right of first refusal has been transferred and the condemnor receives no reply within sixty days of the postmarked date, then the right of first refusal is considered declined, and the condemnor may sell the property as provided by law. If the condemnor receives a written reply, the condemnor must file the reply with the clerk of court or register of deeds.
(2) The right of first refusal expires if the condemnee, his agent, or an assignee fails to pay the amount required by subsection (C) and stated in the condemnor's letter by one hundred and twenty days of the letter's postmarked date.
(3) If a dispute occurs over the purchase price or fair market value of the property, the right of first refusal expires if the condemnee fails to pay the amount:
(a) agreed upon by the parties pursuant to a written agreement; or
(b) determined by a court to be the amount owed within one hundred and twenty days of the date of the parties' written agreement or the court decision is rendered.
(H) Where the property interest condemned is an easement or other property interest less than fee simple, an offer of first refusal to acquire the condemned property that is no longer needed for a public use shall be made to the current owner of the parent tract.
(I) Prior to the sale, lease, or transfer of the property acquired as an uneconomic remainder, the condemnor must notify owners of land contiguous to the economic remainder and offer an opportunity to bid to purchase or lease the property."
SECTION 2. Section 28-2-20 of the 1976 Code is amended to read:
"Section 28-2-20. (A) This act amends chapter establishes the law of this State relating to procedures for acquisitions of property and to the exercise of the power of eminent domain.
(B) It is the intention of the General Assembly that this act chapter is designed to create a uniform procedure for all exercise of eminent domain power in this State.
(C) It is not intended by the creation of The General Assembly does not intend through this act chapter to alter the substantive law of condemnation, and any uncertainty as to construction which might arise must be resolved in a manner consistent with this declaration.
(D) In the event of conflict between this act chapter and any other law with respect to any subject governed by this act chapter, this act shall chapter must prevail."
SECTION 3. Section 28-2-30(7) of the 1976 Code is amended to read:
"(7) 'Condemnor' means a person or other entity empowered by the General Assembly or federal government to condemn private property by eminent domain."
SECTION 4. Section 28-2-60 of the 1976 Code is amended to read:
"Section 28-2-60. A condemnor may commence an action under pursuant to this chapter for the acquisition of an interest in any real property necessary for any a public purpose use. The provisions of this chapter shall constitute title are the exclusive procedure whereby by which condemnation may be undertaken in this State."
SECTION 5. Section 28-2-210 of the 1976 Code is amended to read:
"Section 28-2-210. Any A condemnor may institute an action under pursuant to this chapter for the acquisition of an interest in any real property necessary for any a public purpose use. The provisions of this act title constitute the exclusive procedure whereby by which condemnation may be undertaken in this State."
SECTION 6. Section 28-11-30 of the 1976 Code is amended to read:
"Section 28-11-30. To the extent that Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 91-646) makes certain requirements pertaining to the acquisition of real property by states prerequisites to federal aid to such states in programs or projects involving the acquisition of real property for public uses, State agencies and instrumentalities and political subdivisions and local government agencies and instrumentalities involved in such programs or projects are empowered to expend available public funds as provided hereafter, whether or not the program or project is federally aided.
(1) Any person, agency or other entity condemnor acquiring real property for public use in any project or program shall as soon as practicable after the date of payment of the purchase price or the date of deposit into court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is the earlier, reimburse the owner, to the extent the State deems fair and reasonable, for expenses he necessarily incurred for (a) recording fees, transfer taxes and similar expenses incidental to conveying such real property to the State; (b) penalty costs for prepayment for preexisting recorded mortgage entered into in good faith encumbering such real property; and (c) the pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the agency concerned, or the effective date of possession of such real property by such agency, whichever is the earlier.
(2) Where a condemnation proceeding is instituted by the agency to acquire real property for such use and (i) the final judgment is that the real property cannot be acquired by condemnation or (ii) the proceeding is abandoned, the owner of any right, title, or interest in such real property shall be paid such sum as will, in the opinion of the agency, reimburse such owner for his reasonable attorney, appraisal, and engineering fees actually incurred because of the condemnation proceedings. The award of such sums will be paid by the person, agency or other entity which sought to condemn the property condemnor.
(3) Where an inverse condemnation proceeding is instituted by the owner of any right, title, or interest in real property because of use of his property in any program or project, the court, rendering a judgment for the plaintiff in such proceeding and awarding compensation for the taking of property, or the attorney effecting a settlement of any such proceeding, shall determine and award or allow to such plaintiff, as a part of such judgment or settlement, such sum as will, in the opinion of the court or the agency's attorney, reimburse such plaintiff for his reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of such proceeding."
SECTION 7. (A) A South Carolina Eminent Domain Study Committee is created to review the condemnation authority exercised by any state agency, local government, joint agency, regional authority, political subdivision, or other entity that possesses the power of eminent domain in this State. The study committee shall evaluate if each entity's exercise of its condemnation authority meets or exceeds the constitutional, statutory, and case law requirements concerning eminent domain in this State and make a report of its findings to the General Assembly. In addition, the study committee shall consider the provisions of the State Constitution concerning use of eminent domain for slum clearance and redevelopment, and recommend to the General Assembly if these provisions need to be deleted or amended. The report may include recommendations, if appropriate, for legislative changes to conform or restrict the condemnation authority the entities exercise. In preparing its report, the study committee must request, receive, and consider (1) testimony and written materials submitted by the entities that possess the power of eminent domain, and (2) information solicited from or provided by experts and interested persons in the fields of property rights and eminent domain.
(B) The study committee must be composed of nine members: the Chairman of the Senate Judiciary Committee shall appoint three members, two of whom must be Senators; the Chairman of the House Judiciary Committee shall appoint three members, two of whom must be members of the House of Representatives; and the Governor shall appoint three members.
(C) The study committee shall render its report and recommendations to the Chairman of the Senate Judiciary Committee, the Chairman of the House Judiciary Committee, and the Governor no later than February 20, 2007, at which time the study committee must be dissolved.
(D) Members of the study committee shall serve until their successors are appointed and qualify, and vacancies must be filled for the remainder of the unexpired term in the manner of original appointment.
(E) The study committee must be co-chaired by the senior member of the Senate and the senior member of the House of Representatives serving on the study committee. Notwithstanding the provisions of Section 8-13-770 of the 1976 Code, members of the General Assembly may be appointed to serve on this study committee.
(F) The Chairman of the Senate Judiciary Committee and the Chairman of the House Judiciary Committee shall provide staffing for the study committee.
(G) Members of the study committee may receive per diem, subsistence, and mileage as provided by law for members of state boards, committees, and commissions.
(H) Upon the filing of its report, the study committee is dissolved.
(I) The General Assembly is aware that comparable provisions relating to the study committee herein created also are contained in S. 1029, and the General Assembly hereby expresses its legislative intent that the provisions of this act supersede and control the provisions relating to this study committee, including those contained in S. 1029.
SECTION 8. 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 9. All provisions contained in this act take effect July 1, 2006, and apply to any exercise of eminent domain in this State where the date of taking is on or after July 1, 2006. For purposes of this section, "date of taking" means the date when the condemnor files the formal condemnation notice with the clerk of court. /
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 second time, passed and ordered to a third reading.
On motion of Senator MARTIN, with unanimous consent, H. 4503 was ordered to receive a third reading on Friday, May 26, 2006.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on May 25, 2006, at 3:30 P.M. and the following Acts and Joint Resolutions were ratified:
(R332, S. 991 (Word version)) -- Senators Ryberg, Land and Moore: AN ACT TO AMEND SECTION 34-21-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SECURING OF FUNDS RECEIVED OR HELD IN TRUST BY A BANK OR TRUST COMPANY, SO AS TO FURTHER PROVIDE FOR ACCEPTABLE FORMS OF SECURITY.
L:\COUNCIL\ACTS\991MM06.DOC
(R333, S. 1045 (Word version)) -- Senators Ritchie, Bryant, Campsen and Knotts: AN ACT TO AMEND SECTION 20-1-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A MARRIAGE LICENSE, SO AS TO PROVIDE A ONE-TIME FIFTY-DOLLAR NON-REFUNDABLE TAX CREDIT FOR COUPLES THAT COMPLETE A QUALIFYING PREMARITAL PREPARATION COURSE AND TO PROVIDE CERTAIN REQUIREMENTS FOR A PREMARITAL PREPARATION COURSE; AND BY ADDING SECTION 12-6-3381 SO AS TO CREATE THE TAX CREDIT FOR COUPLES THAT COMPLETE A QUALIFYING PREMARITAL PREPARATION COURSE.
L:\COUNCIL\ACTS\1045AHB06.DOC
(R334, S. 1147 (Word version)) -- Senators O'Dell, McGill and Knotts: AN ACT TO AMEND SECTION 40-79-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR LICENSURE TO ENGAGE IN AN ALARM SYSTEM BUSINESS, SO AS TO SPECIFY THE NATIONAL TRAINING COURSE REQUIREMENTS TO BE LICENSED TO ENGAGE IN THE BURGLAR ALARM BUSINESS OR THE FIRE ALARM BUSINESS.
L:\COUNCIL\ACTS\1147MM06.DOC
(R335, S. 1318 (Word version)) -- Senators Anderson and Fair: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 20 TO CHAPTER 7, TITLE 44 SO AS TO ENACT THE "HOSPITAL INFECTIONS DISCLOSURE ACT" AND TO REQUIRE HOSPITALS TO COLLECT DATA AND SUBMIT REPORTS TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL ON HOSPITAL ACQUIRED INFECTION RATES, TO PROVIDE FOR AN ADVISORY COMMITTEE TO ASSIST THE DEPARTMENT IN DEVELOPING THE METHODOLOGY FOR DATA COLLECTION AND ANALYSIS, TO PROVIDE FOR PATIENT PRIVACY, TO PROVIDE FOR PUBLICATION AND AVAILABILITY OF THESE REPORTS TO THE PUBLIC AND TO PROVIDE THAT COMPLIANCE WITH THIS ARTICLE IS A CONDITION OF HOSPITAL LICENSURE.
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(R336, H. 3615 (Word version)) -- Reps. Dantzler, Frye, Scarborough, Bailey, Hinson, Jefferson, Perry, Rhoad and Mahaffey: AN ACT TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF VETERINARY MEDICINE, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF VETERINARIANS AND VETERINARY TECHNICIANS INCLUDING, BUT NOT LIMITED TO, ESTABLISHING AN INVESTIGATIVE REVIEW COMMITTEE, REVISING PROCEDURES FOR CONDUCTING HEARINGS, AUTHORIZING STUDENT PRECEPTOR PROGRAMS, PROVIDING PROCEDURES FOR VETERINARIANS IF AN ANIMAL IS ABANDONED IN THEIR CUSTODY, PROVIDING FOR A LIEN ON AN ANIMAL WHEN PAYMENT FOR CARE IS NOT MADE, AND ESTABLISHING CERTAIN REQUIREMENTS FOR EMERGENCY VETERINARY CARE FACILITIES AND MOBILE VETERINARY FACILITIES.
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(R337, H. 3665 (Word version)) -- Rep. Altman: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-166 SO AS TO DECLARE DECEMBER FIFTEENTH OF EACH YEAR AS BILL OF RIGHTS DAY IN SOUTH CAROLINA, AND TO ENCOURAGE ALL GOVERNMENTAL BODIES TO OBSERVE THE ANNUAL BILL OF RIGHTS DAY IN A MANNER THAT EMPHASIZES THE DOCUMENT'S MEANING AND IMPORTANCE.
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(R338, H. 3922 (Word version)) -- Reps. Witherspoon, Ott, Umphlett, Barfield, Cato, Bailey, Hagood, Bowers, Hardwick and Neilson: AN ACT TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 96 SO AS TO PROVIDE THAT EVERY AUTOMOBILE MANUFACTURER THAT HAS USED MERCURY SWITCHES ANY TIME SINCE 1996 SHALL DEVELOP AND BEAR THE COST OF OPERATING, IN CONJUNCTION WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, AN END-OF-LIFE VEHICLE SOLUTIONS PROGRAM TO ADVANCE THE EFFORTS OF VEHICLE RECYCLABILITY AND COLLECTION AND DISPOSAL OF MERCURY SWITCHES FROM VEHICLES THAT ARE BEING RECYCLED; AND TO PROVIDE FURTHER FOR THE REQUIREMENTS OF THIS PROGRAM, INCLUDING, PROGRAM OVERSIGHT, EDUCATIONAL AND OUTREACH MATERIALS, MERCURY SWITCH COLLECTION CONTAINERS AND A COLLECTION SYSTEM, AND REPORTING REQUIREMENTS; TO AUTHORIZE THE DEPARTMENT TO UTILIZE FUNDS FROM THE SOLID WASTE MANAGEMENT TRUST FUND; AND TO AUTHORIZE FINES FOR VIOLATIONS; AND TO ADD SECTION 12-6-3525 SO AS TO PROVIDE A TWO DOLLARS AND FIFTY CENTS TAX CREDIT FOR EACH MERCURY SWITCH COLLECTED AND SUBMITTED FOR DISPOSAL AND TO PROVIDE THAT THIS CREDIT MAY BE USED TO REDUCE CORPORATE TAX LIABILITY OR CORPORATE LICENSE FEES.
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(R339, H. 4446 (Word version)) -- Reps. Kennedy, Jennings, Lucas, Hayes, Rhoad, Hodges, Miller and Bales: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3367 SO AS TO ALLOW A TEN-YEAR MORATORIUM ON STATE CORPORATE INCOME TAXES OR INSURANCE PREMIUM TAXES TO A TAXPAYER THAT MAKES AT LEAST NINETY PERCENT OF THE TAXPAYER'S TOTAL INVESTMENT IN THIS STATE AND CREATES JOBS IN THE MORATORIUM COUNTY OR TO ALLOW THE MORATORIUM WHEN THAT TAXPAYER CREATES AT LEAST ONE HUNDRED NEW JOBS AND INVESTS AT LEAST ONE HUNDRED FIFTY MILLION DOLLARS IN A MANUFACTURING FACILITY IN A SECOND COUNTY DESIGNATED AS DISTRESSED, LEAST DEVELOPED, OR UNDERDEVELOPED WITH THE NINETY PERCENT OVERALL LIMITATION APPLYING TO INVESTMENT IN ONE OR BOTH OF THESE COUNTIES, TO PROVIDE FOR A FIFTEEN-YEAR MORATORIUM, TO PROVIDE THAT A CHANGE IN BUSINESS FORM DURING THE MORATORIUM PERIOD DOES NOT AFFECT THE MORATORIUM, AND TO DEFINE "TAXPAYER" TO INCLUDE A GROUP OF AFFILIATED TAXPAYERS.
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(R340, H. 4481 (Word version)) -- Reps. Martin, Townsend, J.H. Neal, McLeod, Clark, Agnew, Bales, Ballentine, Bannister, Barfield, Bingham, Brady, Cato, Coates, Cobb-Hunter, Dantzler, Frye, Harrison, Herbkersman, J. Hines, Hosey, Huggins, Jefferson, Miller, Ott, Parks, Pinson, Rhoad, Scott, Sinclair, Umphlett, Vaughn, Walker and White: AN ACT TO AMEND SECTION 57-23-800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF TRANSPORTATION'S MANAGEMENT OF VEGETATION ALONG INTERSTATE HIGHWAY MEDIANS, ROADSIDES, AND INTERCHANGES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY UNDERTAKE THIS ACTIVITY AT ITS DISCRETION, AND TO PROVIDE THAT WHEN THE DEPARTMENT IMPLEMENTS A NEW VEGETATION MANAGEMENT POLICY, IT MUST CONSIDER COMMENTS FROM THE LOCAL GOVERNMENTAL AUTHORITY THAT HAS JURISDICTION OVER THE PORTION OF HIGHWAY SUBJECT TO THE VEGETATION MANAGEMENT POLICY.
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(R341, H. 4532 (Word version)) -- Reps. Coates, McGee and Townsend: AN ACT TO AMEND SECTION 56-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE DEALER AND WHOLESALER LICENSES, SO AS TO INCREASE THE AMOUNT OF THE SURETY BOND AN APPLICANT FOR LICENSURE AS A DEALER OR WHOLESALER MUST PROVIDE TO THE DEPARTMENT OF MOTOR VEHICLES AND TO INCREASE THE AGGREGATE LIABILITY OF THE SURETY FOR CLAIMS ON EACH BOND AND THE AMOUNT OF THE ACTUAL LOSS INCURRED.
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(R342, H. 4595 (Word version)) -- Reps. Cato, Walker, Jennings, Battle, Cobb-Hunter, Sandifer, Haley, Kennedy, Bales, Ballentine, Branham, Emory, Hayes, J. Hines, Littlejohn, Mahaffey, Miller, Neilson, Rivers, Sinclair, Umphlett, Vick and Bingham: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-35 SO AS TO PROHIBIT PROVIDING A POTENTIAL BUYER A CONTRACT OR PROPOSAL FOR SALE OR INSTALLATION OF RESIDENTIAL HEATING AND AIR CONDITIONING, OTHER THAN A WRITTEN ESTIMATE, BEFORE THE SPECIFICATIONS FOR THE SYSTEM HAVE BEEN REVIEWED AND APPROVED BY A LICENSED EMPLOYEE OF THE RETAIL SELLER; TO REQUIRE THE PERSON INSTALLING THE SYSTEM TO BE LICENSED PURSUANT TO CHAPTER 59, TITLE 40; TO FURTHER SPECIFY CONTRACT REQUIREMENTS FOR THE SALE AND INSTALLATION OF A HEATING AND AIR CONDITIONING SYSTEM; AND TO AUTHORIZE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO PROMULGATE REGULATIONS ESTABLISHING A CIVIL PENALTY FOR VIOLATIONS.
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(R343, H. 4840 (Word version)) -- Reps. Harrell, Cooper, Merrill, Ott, Haley, Funderburk, J.R. Smith, Limehouse, Davenport, Bales, Sinclair, Leach, Branham, Kirsh, Bannister, Battle, R. Brown, Cato, Ceips, Clark, Hosey, Littlejohn, Martin, Miller, Neilson, M.A. Pitts, Rivers, D.C. Smith, G.R. Smith, Vaughn, Mitchell, White, Brady and Hodges: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "INDUSTRY PARTNERS ACT" BY ADDING SECTION 13-17-88, PROVIDING FOR A TARGET PROGRAM OF EXCELLENCE WITHIN EACH OF THE THREE SOUTH CAROLINA RESEARCH INNOVATION CENTERS AND TO FOCUS ON THE APPLICATION, DEVELOPMENT, AND COMMERCIALIZATION OF THE BASIC RESEARCH BEING UNDERTAKEN BY THE CENTERS, FOR FUNDING OF THE PROGRAMS WITH A VIEW TOWARD ATTRACTING INDUSTRY PARTNERS IN THEIR EFFORTS, FOR AN INDUSTRY PARTNERSHIP FUND OFFERING TAX CREDITS TO CONTRIBUTORS TOWARD THE EFFORTS, AND ADMINISTRATION AND IMPLEMENTATION BY THE SOUTH CAROLINA RESEARCH AUTHORITY; BY ADDING SECTION 12-6-3585 SO AS TO PROVIDE FOR THE PARAMETERS OF THE STATE INCOME TAX, INSURANCE PREMIUM TAX, OR LICENSE FEE CREDIT FOR CONTRIBUTIONS TO THE INDUSTRY PARTNERSHIP FUND; TO AMEND SECTION 13-17-40, AS AMENDED, RELATING TO MEMBERS OF THE BOARD OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO ADD THE DIRECTOR OF THE SAVANNAH RIVER NATIONAL LABORATORY TO THE BOARD AND TO PROVIDE FOR AN EXECUTIVE COMMITTEE AND DIRECTOR; TO AMEND SECTION 13-17-83, RELATING TO THE OPERATION OF EXISTING RESEARCH PARKS SO AS TO ALLOW, BUT NOT REQUIRE, THE STATE RESEARCH DIVISION TO OPERATE THEM; AND TO AMEND SECTION 13-17-87, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RESEARCH INNOVATION CENTERS, SO AS TO AUTHORIZE THE SCRIC TO FINANCE QUALIFIED COMPANIES, AND TO CLARIFY MATTERS OF LOCATION OF CENTERS AND APPOINTMENT OF DIRECTORS.
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(R344, H. 4858 (Word version)) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3025, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R345, H. 4962 (Word version)) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE OFFICE OF THE ATTORNEY GENERAL, RELATING TO SECURITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3045, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R346, H. 4965 (Word version)) -- Reps. Loftis, Pinson, Hardwick, Barfield, Bannister, Ceips, Clark, Clemmons, Coates, Davenport, Duncan, Edge, Frye, Hamilton, Harrison, Haskins, Hiott, Mahaffey, Merrill, Norman, Owens, Perry, M.A. Pitts, Sandifer, Scarborough, F.N. Smith, Stewart, Talley, Walker, Witherspoon, Young, Mitchell, McLeod, Leach, Altman and Harrell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-525 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO WILFULLY, KNOWINGLY, OR MALICIOUSLY DISTURB OR INTERRUPT A FUNERAL SERVICE AND TO MAKE IT UNLAWFUL TO UNDERTAKE AN ACTIVITY AT A CEMETERY, OTHER THAN DECOROUS PARTICIPATION IN A SERVICE OR VISITATION AT A BURIAL SPACE, AND TO PROVIDE PENALTIES.
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(R347, H. 5049 (Word version)) -- Reps. Bowers, R. Brown and Hodges: AN ACT TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERFORMANCE OF THE REGISTER OF DEEDS' DUTIES BY A CLERK OF COURT IN CERTAIN COUNTIES, SO AS TO ADD COLLETON COUNTY TO THE LIST OF THOSE COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT; AND TO AMEND SECTION 30-5-12, AS AMENDED, RELATING TO THE APPOINTMENT OF A REGISTER OF DEEDS, SO AS TO ADD COLLETON COUNTY TO THE LIST OF COUNTIES IN WHICH THE GOVERNING BODY APPOINTS THE REGISTER OF DEEDS.
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(R348, H. 5085 (Word version)) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO BOILER SAFETY PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 3034, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Having received a favorable report from the Committee on Corrections and Penology, the following appointment was confirmed in open session:
Initial Appointment, South Carolina Board of Probation, Parole and Pardon Services, with term to commence March 15, 2006, and to expire March 15, 2012
At-Large:
Karen Walto, 29040 Snapper Point, Tega Cay, S.C. 29708 VICE Marlene McClain
On motion of Senator MALLOY, with unanimous consent, the Senate stood adjourned out of respect to the memory of Ms. Ruth Ridgeway Shafer of West Columbia, S.C. Ms. Shafer worked for more than 20 years at the South Carolina Trial Lawyers Association.
At 3:48 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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