Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear a word from Psalm 100:
"Make a joyful shout to the Lord, all you lands! Serve the Lord with gladness."
Let us pray.
Almighty God, Ruler of mankind and nations, we thank You for this good day and for the revelation of Your Law. Help us to incorporate Your Law into the fabric of our human laws.
Work through us to bring peace to our world. Make of us an obedient people so that the Kingdom of Love may come into our lives and bring us peace!
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
At 12:08 A.M., Senator SETZLER made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator SETZLER moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bryant Campsen Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews McConnell McGill Mescher O'Dell Patterson
Peeler Pinckney Rankin Richardson Ritchie Ryberg Scott Setzler Sheheen Short Thomas Verdin Williams
A quorum being present, the Senate resumed.
The following appointment was transmitted by the Honorable Mark C. Sanford:
Initial Appointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 2006, and to expire April 1, 2010
Patricia R. Thompson, 501 Devenger Rd., Greer, S.C. 29650 VICE Betty Henderson
Referred to the Committee on Medical Affairs.
At 12:28 P.M., Senator McCONNELL 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 1:30 P.M.
There was no objection and a message was sent to the House accordingly.
On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when the Senate adjourns today, it stand adjourned to meet Wednesday, May 24, 2006, at 11:00 A.M.
The following was received:
Document No. 3026
Agency: South Carolina Maritime Security Commission and Naval Militia
Subject: Maritime Security Commission and Naval Militia
Received by Lieutenant Governor January 10, 2006
Senator LOURIE introduced Dr. Chris Yeakel of Columbia, S.C., Doctor of the Day.
On motion of Senator MARTIN, at 12:05 P.M., Senator J. VERNE SMITH was granted a leave of absence for the week.
On motion of Senator SETZLER, at 12:05 P.M., Senator MOORE was granted a leave of absence for today.
H. 5123 (Word version) -- Reps. G.M. Smith, Weeks, Coates, J.H. Neal and G. Brown: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 15 IN SUMTER COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 378 TO ITS INTERSECTION WITH THE SUMTER/LEE COUNTY LINE THE "SOUTH CAROLINA CHIEF JUSTICE ERNEST A. FINNEY, JR. HIGHWAY", AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "SOUTH CAROLINA CHIEF JUSTICE ERNEST A. FINNEY, JR. HIGHWAY".
Senator RYBERG asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
The Resolution was recalled and ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 1439 (Word version) -- Senator McConnell: A SENATE RESOLUTION TO SALUTE AND THANK MR. DENNIS LEE OF CHARLESTON FOR HIS CONTRIBUTIONS TO THE SOUTH CAROLINA BEER
The Senate Resolution was adopted.
S. 1440 (Word version) -- Senators Cromer and Courson: A SENATE RESOLUTION TO CONGRATULATE THE DUTCH FORK "SILVER FOXES" GOLF TEAM ON ITS OUTSTANDING PERFORMANCE TO WIN THE 2006 CLASS AAAA STATE GOLF CHAMPIONSHIP AND TO HONOR THE PLAYERS AND THEIR COACHES, MARK GILES AND PATRICK SMALLWOOD, ON AN EXCEPTIONAL SEASON.
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The Senate Resolution was adopted.
S. 1441 (Word version) -- Senator Thomas: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE J. L. MANN HIGH SCHOOL GIRLS TRACK TEAM FOR WINNING THE STATE CLASS AAA CHAMPIONSHIP AND TO WISH EACH MEMBER OF THE TEAM GOOD LUCK IN ALL THEIR FUTURE ENDEAVORS.
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The Concurrent Resolution was adopted, ordered sent to the House.
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.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 5131 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SHELLFISH, DESIGNATED AS REGULATION DOCUMENT NUMBER 3002, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Medical Affairs.
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.
Read the first time and referred to the Committee on Judiciary.
Columbia, S.C., May 18, 2006
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Duncan, Pitts and Ott to the Committee of Conference on the part of the House on:
H. 3726 (Word version) -- Reps. Ott, Clark, J.E. Smith, McGee, Witherspoon, Branham, Cobb-Hunter, Duncan, Hayes, Lucas, M.A. Pitts, Taylor and R. Brown: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT "CHANDLER'S LAW" BY ADDING CHAPTER 26 SO AS TO PROVIDE FOR THE REGULATION, REGISTRATION, AND TITLING OF ALL-TERRAIN VEHICLES BY THE DEPARTMENT OF NATURAL RESOURCES, INCLUDING THE REQUIREMENT THAT A PERSON UNDER SIXTEEN MUST COMPLETE A DRIVING SAFETY COURSE BEFORE HE MAY OPERATE AN ALL-TERRAIN VEHICLE AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
Very respectfully,
Speaker of the House
Received as information.
S. 1425 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO MANDATE NEWBORN SCREENING TESTING FOR SEVERE COMBINED IMMUNODEFICIENCY TO REDUCE THE NUMBER OF SENSELESS DEATHS ASSOCIATED WITH A LATE DIAGNOSIS OF THIS OFTEN DEADLY DISEASE.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills and Joint Resolutions were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 4446 (Word version) -- Reps. Kennedy, Jennings, Lucas, Hayes, Rhoad, Hodges, Miller and Bales: A BILL 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.
H. 4491 (Word version) -- Rep. Herbkersman: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO REVISE THE DEFINITION OF "QUALIFYING SERVICE-RELATED FACILITY" WITH RESPECT TO COMPENSATION REQUIREMENTS.
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.
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.
H. 5049 (Word version) -- Reps. Bowers, R. Brown and Hodges: A BILL 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.
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
The following House Bills were read the third time and ordered returned to the House with amendments:
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.
H. 4404 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 TO CHAPTER 31, TITLE 5, SO AS TO REQUIRE MUNICIPALITIES FURNISHING ELECTRICITY OR NATURAL GAS TO THEIR CITIZENS TO ESTABLISH WRITTEN PROCEDURES FOR TERMINATION OF SERVICE DUE TO NONPAYMENT AND TO CONSIDER ESTABLISHING AND MAINTAINING THIRD-PARTY NOTIFICATION PROGRAMS; BY ADDING ARTICLE 17 TO CHAPTER 11, TITLE 6, SO AS TO REQUIRE SPECIAL PURPOSE AND PUBLIC SERVICE DISTRICTS TO ESTABLISH WRITTEN PROCEDURES FOR TERMINATION OF SERVICE DUE TO NONPAYMENT AND TO CONSIDER ESTABLISHING AND MAINTAINING THIRD-PARTY NOTIFICATION PROGRAMS; BY ADDING ARTICLE 17 TO CHAPTER 49, TITLE 33 SO AS TO REQUIRE ELECTRIC COOPERATIVES TO ESTABLISH WRITTEN PROCEDURES FOR TERMINATION OF SERVICE DUE TO NONPAYMENT AND TO CONSIDER ESTABLISHING AND MAINTAINING THIRD-PARTY NOTIFICATION PROGRAMS; BY ADDING ARTICLE 11 TO CHAPTER 5, TITLE 58, SO AS TO REQUIRE NATURAL GAS UTILITIES TO ESTABLISH WRITTEN PROCEDURES FOR
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.
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,
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
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.
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.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator O'DELL asked unanimous consent to make a motion to take up further amendments pursuant to the provisions of Rule 26B.
There was no objection.
Senator O'DELL proposed the following amendment (4312R004.WHO), which was adopted:
Amend the bill, as and if amended, page 1, by striking lines 30 through 31 and inserting:
/ Internal Revenue Code Section 30B, and the new qualified alternative fuel motor /
Renumber sections to conform.
Amend title to conform.
Senator O'DELL explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 1322 (Word version) -- Senator Thomas: A BILL TO PROVIDE THAT A COUNTY THAT POSTPONED IMPLEMENTATION OF A COUNTYWIDE ASSESSMENT AND EQUALIZATION PLAN, CONDUCTED IN 2004, MAY NOT IMPLEMENT THE VALUES UNTIL TAX YEAR 2007, UNLESS THE COUNTY COUNCIL ADOPTS AN ORDINANCE AFFIRMATIVELY IMPLEMENTING THE VALUES.
Senator HAYES explained the Bill.
S. 1437 (Word version) -- Senators Setzler, Knotts and Courson: A BILL TO AMEND SECTION 55-11-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RICHLAND-LEXINGTON AIRPORT DISTRICT AND COMMISSION, SO AS TO PROVIDE THAT THERE IS NO LIMITATION ON THE NUMBER OF TERMS MEMBERS OF THE COMMISSION MAY SERVE; AND TO AMEND SECTION 55-11-330, RELATING TO OFFICERS OF THE COMMISSION, SO AS TO REVISE THE MANNER IN WHICH THE CHAIRMANSHIP OF THE COMMISSION IS ROTATED.
By prior motion of Senator SETZLER, with unanimous consent
The following Bills and Joint Resolutions, having been read the second time, were ordered placed on the Third Reading Calendar:
H. 4672 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO PREVENTION AND CONTROL OF LEAD POISONING IN CHILDREN, DESIGNATED AS REGULATION DOCUMENT NUMBER 3004, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3899 (Word version) -- Reps. Cato, Cooper, Anthony, Duncan, Hayes, Jennings, M.A. Pitts and W.D. Smith: A BILL TO AMEND SECTION 44-75-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR ATHLETIC TRAINER CERTIFICATION, SO AS TO PROVIDE AN APPLICANT MUST PASS THE NATIONAL ATHLETIC TRAINER'S BOARD OF CERTIFICATION, INC., EXAMINATION AND TO DELETE PROVISIONS REQUIRING SPECIFIC BACHELOR OF SCIENCE OR FOUR YEAR COLLEGE DEGREE REQUIREMENTS.
Senator FAIR explained the Bill.
H. 3921 (Word version) -- Reps. Clemmons and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-172 SO AS TO PROVIDE THAT MOBILE DENTAL FACILITIES OR PORTABLE DENTAL OPERATIONS MUST BE REGISTERED WITH THE STATE BOARD OF DENTISTRY, TO PROVIDE REGISTRATION CRITERIA, AND TO ESTABLISH FACILITY OPERATION REQUIREMENTS.
Senator FAIR explained the Bill.
H. 4856 (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 HAZARDOUS WASTE MANAGEMENT REGULATIONS, DESIGNATED AS
Senator FAIR explained the Joint Resolution.
S. 1435 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO PROFESSIONAL EMPLOYER ORGANIZATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3060, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1436 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, RELATING TO PRIVATE SECURITY AND PRIVATE INVESTIGATION BUSINESSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3064, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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.
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
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator LEVENTIS proposed the following amendment (LEV.1), which was adopted:
Amend the committee report, as and if amended, SECTION 2, page 2 , by striking line 8 and inserting the following:
/ dollars in accommodations or hospitality taxes is are collected annually pursuant to /
Renumber sections to conform.
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.
H. 3803 (Word version) -- Reps. Edge and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15, CHAPTER 53, TITLE 44 SO AS TO ENACT THE "SOUTH CAROLINA PRESCRIPTION MONITORING ACT" AUTHORIZING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, BUREAU OF DRUG CONTROL TO ESTABLISH A PROGRAM TO MONITOR THE PRESCRIBING AND DISPENSING OF SCHEDULE II-V CONTROLLED SUBSTANCES AND TO PROVIDE THE MANNER AND PROCEDURES UNDER WHICH DISPENSERS ARE TO PROVIDE SUCH INFORMATION, TO PROVIDE FOR THE USE AND CONFIDENTIALITY OF THIS INFORMATION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Committee on Medical Affairs proposed the following amendment (NBD\12596AC06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 53, Title 44 of the 1976 Code is amended by adding:
Prescription Monitoring Program
Section 44-53-1610. This article may be cited as the 'South Carolina Prescription Monitoring Act'.
Section 44-53-1620. This article is intended to improve the state's ability to identify and stop diversion of prescription drugs in an efficient and cost effective manner that will not impede the appropriate medical utilization of licit controlled substances.
Section 44-53-1630. As used in this section:
(1) 'Controlled substances' means those substances listed in Schedules II, III, and IV of the schedules provided for in Sections 44-53-210, 44-53-230, 44-53-250, and 44-53-270.
(2) 'Dispenser' means a person who delivers a Schedule II-IV controlled substance to the ultimate user, but does not include:
(a) a licensed hospital pharmacy that distributes controlled substances for the purpose of inpatient hospital care or dispenses prescriptions for controlled substances at the time of discharge from the hospital;
(b) a practitioner or other authorized person who administers these controlled substances; or
(c) a wholesale distributor of a Schedule II-IV controlled substance.
(3) 'Drug control' means the Department of Health and Environmental Control, Bureau of Drug Control.
(4) 'Patient' means the person or animal who is the ultimate user of a drug for whom a prescription is issued or for whom a drug is dispensed, or both.
Section 44-53-1640. (A) The Department of Health and Environmental Control, Bureau of Drug Control may establish and maintain a program to monitor the prescribing and dispensing of all Schedule II, III, and IV controlled substances by professionals licensed to prescribe or dispense these substances in this State.
(B)(1) A dispenser shall submit to drug control, by electronic means, information regarding each prescription dispensed for a controlled
(a) dispenser DEA registration number;
(b) date drug was dispensed;
(c) prescription number;
(d) whether prescription is new or a refill;
(e) NDC code for drug dispensed;
(f) quantity dispensed;
(g) approximate number of days supplied;
(h) patient name;
(i) patient address;
(j) patient date of birth;
(k) prescriber DEA registraion number;
(l) date prescription issued by prescriber.
(2) A dispenser shall submit the information required pursuant to subsection (B)(1) in accordance with transmission methods and protocols provided in the 'ASAP Telecommunications Format for Controlled Substances, May 1995 Version', developed by the American Society for Automation in Pharmacy, and frequency established by drug control, but shall report at least every thirty days, between the 1st and the 15th of the month following the month the prescription was dispensed.
(3) Drug control may issue a waiver to a dispenser who is unable to submit prescription information by electronic means. The waiver may permit the dispenser to submit prescription information by paper form or other means if all information required pursuant to subsection (B)(1) is submitted in this alternative format.
Section 44-53-1650. (A) Prescription information submitted to drug control is confidential and not subject to public disclosure under the Freedom of Information Act or any other provision of law, except as provided in subsections (C) and (D).
(B) Drug control shall maintain procedures to ensure that the privacy and confidentiality of patients and patient information collected, recorded, transmitted, and maintained is not disclosed, except as provided for in subsections (C) and (D).
(C) If there is reasonable cause to believe a violation of law or breach of professional standards may have occurred, drug control shall notify the appropriate law enforcement or professional licensure, certification, or regulatory agency or entity and shall provide prescription information required for an investigation.
(D) Drug control may provide data in the prescription monitoring program to the following persons:
(1) a practitioner or pharmacist who requests information and certifies that the requested information is for the purpose of providing medical or pharmaceutical treatment to a bona fide patient;
(2) an individual who requests the individual's own prescription monitoring information in accordance with procedures established pursuant to state law;
(3) a designated representative of the South Carolina Department of Labor, Licensing and Regulation responsible for the licensure, regulation, or discipline of practitioners, pharmacists, or other persons authorized to prescribe, administer, or dispense controlled substances and who is involved in a bona fide specific investigation involving a designated person;
(4) a local, state, or federal law enforcement or prosecutorial official engaged in the administration, investigation, or enforcement of the laws governing licit drugs and who is involved in a bona fide specific drug related investigation involving a designated person;
(5) the South Carolina Department of Health and Human Services regarding Medicaid program recipients;
(6) a properly convened grand jury pursuant to a subpoena properly issued for the records;
(7) personnel of drug control for purposes of administration and enforcement of this article;
(8) qualified personnel for the purpose of bona fide research or education; however, data elements that would reasonably identify a specific recipient, prescriber or dispenser must be deleted or redacted from such information prior to disclosure. Further, release of the information only may be made pursuant to a written agreement between qualified personnel and the department in order to ensure compliance with this subdivision.
Section 44-53-1660. Drug control may contract with another agency of this State or with a private vendor, as necessary, to ensure the effective operation of the prescription monitoring program. A contractor shall comply with the provisions regarding confidentiality of prescription information in Section 44-53-1650 and is subject to the penalties specified in Section 44-53-1680 for unlawful acts.
Section 44-53-1670. Drug control may promulgate regulations setting forth the procedures and methods for implementing this article.
Section 44-53-1680. (A) A dispenser who knowingly fails to submit prescription monitoring information to drug control as required
(B) A person or persons authorized to have prescription monitoring information pursuant to this article who knowingly discloses this information in violation of this article is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both.
(C) A person or persons authorized to have prescription monitoring information pursuant to this article who uses this information in a manner or for a purpose in violation of this article is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both.
(D) Nothing in this chapter requires a pharmacist or practitioner to obtain information about a patient from the prescription monitoring program. A pharmacist or practitioner does not have a duty and must not be held liable in damages to any person in any civil or derivative criminal or administrative action for injury, death, or loss to person or property on the basis that the pharmacist or practitioner did or did not seek or obtain information from the prescription monitoring program. A pharmacist or practitioner acting in good faith is immune from any civil, criminal, or administrative liability that might otherwise be incurred or imposed for requesting or receiving information from the prescription monitoring program."
SECTION 2. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 3. 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. 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.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Committee on Medical Affairs proposed the following amendment (JUD4348.003), which was adopted:
Amend the bill, as and if amended, pages 7 through 9, by striking Section 44-43-350 in its entirety and inserting therein the following:
/ Section 44-43-350. (a)(A) A gift of all or part of the body under Section 44-43-330(a)(A) may be made by will. The gift becomes
(b)(B) A gift of all or part of the body under Section 44-43-330(a)(A) may also be made by document other than a will. The gift becomes effective upon the death of the donor. The document, which may be a card designed to be carried on the person, must be signed by the donor, in the presence of two witnesses who must sign the document in his the donor's presence. If the donor cannot sign, the document may be signed for him the donor at his direction and in his the donor's presence, and in the presence of two witnesses who must sign the document in his the donor's presence. Delivery of the document of gift during the donor's lifetime is not necessary to make the gift valid.
(c)(C) The gift may be made to a specified donee or without specifying a donee. If the latter, the gift may be accepted by the attending physician as donee upon or following death. If the gift is made to a specified donee who is not available at the time and place of death, the attending physician upon or following death, in the absence of any expressed indication that the donor desired otherwise, may accept the gift as donee. The physician who becomes a donee under this subsection shall must not participate in the procedures for removing or transplanting a part.
(d)(D) Notwithstanding Section 44-43-380(b)(B), the donor may designate in his will, card, or other document of gift the surgeon or physician to carry out the appropriate procedures. In the absence of a designation, or if the designee is not available, the donee or other person authorized to accept the gift may employ or authorize any surgeon or physician for the purpose.
(e)(E) Any A gift by a person designated in Section 44-43-330(b)(B) shall must be made by:
(1) a document signed by him, that person or made by his an oral designation witnessed by at least two people; or
(2) that person's telegraphic, telephonic or recorded telephonic or other recorded message.
(f)(F) If an organ and tissue donor card, donor driver's license, living will, durable power of attorney, or other document of gift evidencing a gift of organs, or tissue, or eyes, or any combination of these, has been executed, the consent required pursuant to Section 44-43-330 is not required to render the gift valid and effective.
(G) A gift of all or part of the body, regardless of the document making such gift or donation, that is not revoked by the donor before death, is irrevocable and does not require the consent or concurrence of any person after the donor's death to render the gift of the donor valid and effective.
(g)(H) Coroners, law enforcement officers, and emergency personnel responding to the scene of an accident or trauma shall take reasonable steps to ensure that the driver's license, organ and tissue donor card, or other evidence that the individual is an organ, or tissue, or eye donor and a medical alert bracelet, if any, of the individuals involved in the accident or trauma, accompany the individuals to the hospital or other health care facility. /
Renumber sections to conform.
Amend title to conform.
Senator FAIR 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. 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.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator VERDIN proposed the following amendment (4307R005.DBV), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 in its entirety and inserting:
/ SECTION 2. Section 12-37-220(B) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) a motor vehicle licensed and registered as an antique motor vehicle pursuant to Article 23, Chapter 3 of Title 56."
SECTION 3. This act takes effect upon approval by the Governor and applies with respect to motor vehicle tax years beginning after the last day of the second month following the month in which this act was approved by the Governor except that SECTION 2 applies to motor vehicle antique property tax years beginning after June 30, 2006. /
Renumber sections to conform.
Amend title to conform.
Senator VERDIN explained the amendment.
The amendment was adopted.
On motion of Senator HUTTO, the Bill was carried over.
H. 4808 (Word version) -- Reps. Harrison and McLeod: A BILL TO AMEND SECTION 44-4-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE "EMERGENCY HEALTH POWERS ACT", SO AS TO REVISE THE DEFINITIONS OF "QUALIFYING HEALTH CONDITION" AND "TRIAL COURT"; TO AMEND SECTION 44-4-530, RELATING TO ISOLATION AND QUARANTINE OF INDIVIDUALS AND PENALTIES FOR NONCOMPLIANCE, SO AS TO ESTABLISH PENALTIES OF A MAXIMUM FINE OF ONE THOUSAND DOLLARS OR THIRTY DAYS IN PRISON, OR BOTH, FOR NONCOMPLIANCE, TO PROVIDE THAT AN EMPLOYER MAY NOT FIRE OR DISCRIMINATE AGAINST AN EMPLOYEE SUBJECT TO ISOLATION OR QUARANTINE ORDERS, AND TO PROVIDE THAT AN EMPLOYER MAY REQUIRE AN EMPLOYEE SUBJECT TO ISOLATION OR QUARANTINE TO USE ANNUAL OR SICK LEAVE TO COMPLY WITH SUCH AN ORDER; TO AMEND SECTION 44-4-540, RELATING TO ISOLATION AND QUARANTINE PROCEDURES, SO AS TO PROVIDE THAT BEFORE THE DECLARATION OF A PUBLIC HEALTH EMERGENCY ISOLATION AND QUARANTINE ORDERS ISSUED MUST BE UNDERTAKEN IN ACCORDANCE WITH THE EMERGENCY HEALTH POWERS ACT; TO AMEND SECTION 44-4-570, RELATING TO APPOINTMENT AND USE OF IN-STATE AND OUT-OF-STATE HEALTH PERSONNEL IN A
On motion of Senator SETZLER, the Bill was carried over.
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 HAYES explained the Bill.
On motion of Senator HAYES, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
Senator RYBERG renewed his motion of Thursday, May 18, 2006, which was carried over, that it be the Sense of the Senate that the Senate's conferees on the Budget Conference Committee to H. 4810 (the General Appropriation Bill) be requested to return the $180 million realized by the BEA yesterday to the taxpayers of South Carolina through either property tax relief or a suspension of the tax on gasoline.
Senator LEVENTIS spoke on the motion.
Senator LEVENTIS moved to dispense with the balance of the Motion Period.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Drummond Elliott Gregory Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews McConnell McGill O'Dell Patterson Pinckney Rankin Scott Setzler Sheheen Short Williams
Bryant Campsen Cleary Courson Cromer Fair Grooms Hawkins Mescher Peeler Richardson Ryberg Verdin
The Senate agreed to dispense with the Motion Period.
HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.
S. 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
The House returned the Bill with amendments.
On motion of Senator LEATHERMAN, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
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,
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
With Senator RANKIN retaining the floor, Senator MARTIN asked unanimous consent to make a motion to carry over the Bill.
The Bill was carried over, with Senator RANKIN retaining the floor.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on May 23, 2006, at 1:15 P.M. and the following Acts and Joint Resolutions were ratified:
(R321, S. 1082 (Word version)) -- Senators Moore, Rankin, Alexander and McConnell: AN ACT TO AMEND SECTIONS 58-3-100 AND 58-3-240, BOTH AS AMENDED; SECTIONS 58-3-310 AND 58-3-320; SECTIONS 58-5-10, 58-5-30, AND 58-5-40, ALL AS AMENDED; SECTIONS 58-5-220 AND 58-5-230; SECTION 58-5-240, AS AMENDED; SECTIONS 58-5-270, 58-5-300, 58-5-310, 58-5-320, 58-5-340, AND 58-5-350; SECTIONS 58-5-710 AND 58-5-720, BOTH AS AMENDED; SECTIONS 58-5-730, 58-5-920 AND 58-5-930; SECTION 58-5-940, AS AMENDED; SECTIONS 58-5-950, 58-5-960, 58-5-970, 58-5-980, 58-5-990, 58-5-1000, 58-5-1010, 58-5-1040, AND 58-5-1050; SECTIONS 58-9-10 AND 58-9-230, BOTH AS AMENDED; SECTION 58-9-270; SECTION 58-9-280, AS AMENDED; SECTIONS 58-9-290 AND 58-9-300; SECTION 58-9-320, AS AMENDED; SECTIONS 58-9-340, 58-9-370, 58-9-380, 58-9-390, AND 58-9-510; SECTIONS 58-9-520 AND 58-9-540, BOTH AS AMENDED; SECTION 58-9-575; SECTION 58-9-576, AS AMENDED; SECTIONS 58-9-577 AND 58-9-585, BOTH AS AMENDED; ARTICLE 7, CHAPTER 9, TITLE 58; SECTIONS 58-9-1010, 58-9-1020, 58-9-1030, 58-9-1040,
(R322, S. 925 (Word version)) -- Senators Pinckney and Ford: AN ACT TO AMEND CHAPTER 61, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-61-25, RELATING TO PARTITIONS, SO AS TO GIVE ONE OR MORE OF THE JOINT TENANTS OR TENANTS IN COMMON THE RIGHT OF FIRST REFUSAL TO PURCHASE THE SUBJECT PROPERTY BEFORE ITS JUDICIAL PARTITION.
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(R323, S. 1038 (Word version)) -- Senators Martin, Gregory, Cleary, Knotts, Richardson, Ryberg, Mescher, Scott, Grooms, Elliott, Verdin and Williams: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 135 TO TITLE 44 TO ENACT THE "ASBESTOS AND SILICA CLAIMS PROCEDURE ACT OF 2006", SO AS TO PROVIDE THAT NO PERSON MAY RECEIVE A TRIAL DATE IN AN ASBESTOS OR SILICA CLAIM WITHOUT FIRST MAKING A PRIMA FACIE SHOWING THAT A QUALIFIED PHYSICIAN HAS DIAGNOSED THE PERSON WITH
(R324, S. 1100 (Word version)) -- Senator Ryberg: AN ACT TO AMEND SECTIONS 56-15-350, 56-16-180, AND 56-19-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DENIAL, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE, AND AN APPLICATION FOR A CERTIFICATE OF TITLE FOR A MOTOR VEHICLE, SO AS TO REVISE A REFERENCE TO A PROVISION OF FEDERAL LAW.
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(R325, S. 1154 (Word version)) -- Senators Fair, Peeler, Verdin, Land, O'Dell, Mescher, Short, Martin, Alexander and Scott: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SUBARTICLE 22 TO ARTICLE 30, CHAPTER 7, TITLE 20 OF THE 1976 CODE SO AS TO ENACT THE "INTERSTATE COMPACT FOR JUVENILES" WHICH, AMONG OTHER THINGS, PROVIDES FOR AN INDEPENDENT COMPACT OPERATING AUTHORITY TO ADMINISTER ONGOING COMPACT ACTIVITY, GUBERNATORIAL APPOINTMENTS OF REPRESENTATIVES FOR ALL MEMBER STATES ON A NATIONAL GOVERNING COMMISSION, RULE-MAKING AUTHORITY, A MANDATORY FUNDING MECHANISM SUFFICIENT TO SUPPORT ESSENTIAL COMPACT OPERATIONS, AND COLLECTION OF
(R326, S. 1205 (Word version)) -- Senators Grooms, Verdin, Hutto, Peeler, Williams, Land, Bryant, O'Dell, Jackson, Cromer, Ford, Knotts and Setzler: AN ACT TO AMEND CHAPTER 45 OF TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUISANCE SUITS PERTAINING TO AGRICULTURAL OPERATIONS, SO AS TO PROVIDE THAT WITH CERTAIN EXCEPTIONS LOCAL COUNTY ORDINANCES IN CONFLICT WITH STATE LAW OR REGULATIONS GOVERNING OR REGULATING AN AGRICULTURAL FACILITY OR OPERATION ARE NULL AND VOID, TO DEFINE OR FURTHER DEFINE SPECIFIC TERMS, TO PERMIT A COUNTY TO DETERMINE WHETHER AN AGRICULTURAL USE IS A PERMITTED USE UNDER THE COUNTY'S LAND USE AND ZONING AUTHORITY, TO FURTHER PROVIDE FOR THE MANNER IN WHICH SETBACK DISTANCES FOR AGRICULTURE ANIMAL FACILITIES ARE DETERMINED, AND TO PROVIDE THAT THESE PROVISIONS DO NOT APPLY TO ANY LICENSE OR PERMIT APPLICATION FOR WHICH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL HAS MADE A DECISION PRIOR TO THE EFFECTIVE DATE OF THESE PROVISIONS.
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(R327, S. 1208 (Word version)) -- Senator Land: AN ACT TO AMEND ARTICLE 7, CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT AND OPERATION OF SHOOTING PRESERVES, SO AS TO REVISE THE MANNER OF THEIR ESTABLISHMENT AND LICENSING, THE LEGAL SHOOTING PRESERVES SPECIES, AND OTHER PROVISIONS PERTAINING TO THE OPERATION OF SHOOTING PRESERVES.
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(R328, S. 1263 (Word version)) -- Senators Ritchie, Peeler and Martin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-165 SO AS TO ESTABLISH WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL THE EXPEDITED REVIEW PROGRAM TO PROVIDE A VOLUNTARY EXPEDITED PROCESS FOR REVIEW OF PERMIT APPLICATIONS; TO REQUIRE THE DEPARTMENT TO PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF THE PROGRAM, INCLUDING EXPEDITED PROCESS APPLICATION FEES; TO CREATE A PILOT PROGRAM TO TEST AND EVALUATE THE ECONOMIC AND ADMINISTRATIVE BENEFITS OF A STATEWIDE REVIEW PROGRAM; AND TO CREATE AN EXPEDITED REVIEW FUND THROUGH THE IMPOSITION OF THE EXPEDITED PROCESS APPLICATION FEES AND TO PROVIDE FOR THE ADMINISTRATION AND USE OF THIS FUND.
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(R329, S. 1353 (Word version)) -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO CHILD SUPPORT GUIDELINES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3044, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R330, H. 3402 (Word version)) -- Reps. M.A. Pitts, Taylor, Owens, Duncan, Vick, Hardwick, Hagood, Ott, Ceips, Haley, Hiott, Limehouse, E.H. Pitts, G.R. Smith, Toole, Umphlett, Witherspoon, Chellis, Stewart, Mahaffey, Barfield, Huggins, Loftis, White, Clemmons, Walker, Littlejohn and Sinclair: AN ACT TO AMEND SECTION 2-17-10 AND SECTION 8-13-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS IN MATTERS RELATING TO CAMPAIGN PRACTICES AND IN MATTERS RELATING TO LOBBYISTS AND LOBBYING, RESPECTIVELY, INCLUDING THE DEFINITION OF LEGISLATIVE CAUCUS COMMITTEE, SO AS TO PROVIDE THAT SUCH A CAUCUS MAY BE CREATED BASED UPON A SPECIAL LEGISLATIVE INTEREST; TO AMEND SECTION 8-13-1333, RELATING TO CAMPAIGN FINANCE, TO PROHIBIT SOLICITATION OF CONTRIBUTIONS BY LEGISLATIVE
(R331, H. 4912 (Word version)) -- Reps. Lucas, Neilson and J. Hines: AN ACT TO AMEND ACT 748 OF 1978, AS AMENDED, RELATING TO THE DARLINGTON COUNTY BOARD OF EDUCATION, SO AS TO CHANGE THE CANDIDATE FILING DEADLINE FROM SEPTEMBER FIRST TO AUGUST FIFTEENTH AND CHANGE THE DATE THE FIRST NOTICE MUST BE PUBLISHED.
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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
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator ELLIOTT proposed the following Amendment No. P-1 (JUD1030.017), which was tabled:
Amend the committee report, as and if amended, before SECTION 7, by adding an appropriately numbered new SECTION to read:
/ SECTION ___. Chapter 3, Title 28 of the 1976 Code is amended by adding:
"Section 28-3-40. (A) An easement must be provided at no cost to a condemnor if the easement is across property held in trust, including, but not limited to, a property:
(1) purchased with any combination of local, state, and federal tax dollars;
(2) donated into a conservation trust; or
(3) donated into a conservation trust fee simple where the tax credits allowed were related to the donation.
(B) All costs related to surveys and legal fees must be borne by the condemnor.
(C) Guidelines established in the National Environmental Policy Act or similar guidelines must be followed in order to reduce environmental concerns." /
Renumber sections to conform.
Amend title to conform.
Senator ELLIOTT explained the amendment.
Senator RICHARDSON argued contra to the adoption of the amendment.
Senator RICHARDSON moved to lay the amendment on the table.
The amendment was laid on the table.
Senator KNOTTS proposed the following Amendment No. P-2 (JUD1030.018), which was tabled:
Amend the committee report, as and if amended, before SECTION 7, by adding an appropriately numbered SECTION to read:
/ SECTION ____. Chapter 3, Title 28 of the 1976 Code is amended by adding:
"Section 28-3-40. (A) For purposes of this section, a 'governmental entity' means a county or municipal government agency, commission, council, department, district, or political subdivision empowered by the General Assembly to condemn property by eminent domain.
(B) An easement must be provided at no cost to a governmental entity if the easement is across property held in trust, including, but not limited to, a property:
(1) purchased with any combination of local, state, and federal tax dollars;
(2) donated into a conservation trust; or
(3) donated into a conservation trust fee simple where the tax credits allowed were related to the donation.
(C) All costs related to surveys and legal fees must be borne by the governmental entity. If the condemnation is contested, upon entry of judgment, the court shall award the prevailing party any costs incurred in the condemnation proceeding.
(D) Guidelines established in the National Environmental Policy Act or similar guidelines must be followed in order to reduce environmental concerns." /
Renumber sections to conform.
Amend title to conform.
Senator KNOTTS explained the amendment.
Senator KNOTTS moved that the amendment be adopted.
Senator RICHARDSON argued contra to the adoption of the amendment.
Senator RICHARDSON moved to lay the amendment on the table.
The amendment was laid on the table.
Senator LOURIE proposed the following Amendment No. P-3 (JUD1030.019), which was ruled out of order:
Amend the committee report, as and if amended, before SECTION 7, by adding an appropriately numbered SECTION to read:
/ SECTION ___. A. Chapter 2, Title 28 of the 1976 Code is amended by adding:
"Section 28-2-25. Notwithstanding the provisions of Section 28-2-20(D), if property subject to the Clean Indoor Air Act as provided in Sections 44-95-10 et seq. and Section 16-17-504 is condemned under the provisions of this chapter, the property remains subject to the Clean Indoor Air Act as provided in Sections 44-95-10 et seq. and Section 16-17-504."
B. Section 16-17-504 of the 1976 Code is amended to read:
"Section 16-17-504. (A) Sections 16-17-500, 16-17-502, and 16-17-503 must be implemented in an equitable and uniform manner throughout the State and enforced to ensure the eligibility for and receipt of federal funds or grants the State receives or may receive relating to the sections. Any laws, ordinances, or rules enacted pertaining to tobacco products, except for smoking ordinances, may not supersede state law or regulation. Nothing herein shall affect the right of any person having ownership or otherwise controlling private property to allow or prohibit the use of tobacco products on such property, unless such property is open to the general public. Nothing in this section affects the provisions of the Clean Indoor Air Act as provided in Sections 44-95-10 et seq.
(B) Smoking ordinances in effect before the effective date of this act are exempt from the requirements of subsection (A)." /
Renumber sections to conform.
Amend title to conform.
Senator LOURIE explained the amendment.
Senator CAMPSEN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator LOURIE spoke on the Point of Order.
Senator McCONNELL spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
Senator CAMPSEN proposed the following Amendment No. P-4 (JUD1030.020), which was adopted:
Amend the committee report, as and if amended, page [1030-8], SECTION 7, by striking lines 15-16 and inserting:
/ (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. /
Renumber sections to conform.
Amend title to conform.
Senator CAMPSEN explained the amendment.
The amendment was adopted.
Senators HUTTO and CAMPSEN proposed the following Amendment No. P-5 (JUD1030.021), which was adopted:
Amend the committee report, as and if amended, beginning on page [1030-1], by striking SECTION 1 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 condemnor 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
(2) The right of first refusal expires if the condemnee 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." /
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 (JUD1030.016), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting the following:
/ 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 the when the condemnor files the formal condemnation notice with the clerk of court.
(4) 'Immediate family member' means a condemnee's spouse, children, grandchildren, parents, or siblings.
(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) no later than the date of taking, provide written notice to the condemnee by letter or other document in substantially the following form: BECAUSE CONDEMNATION IS A LEGAL PROCESS AND INVOLVES VALUATION OF YOUR PROPERTY, YOU MAY NEED TO RETAIN AN ATTORNEY AND/OR A REAL ESTATE PROFESSIONAL IN ORDER TO PROTECT YOUR LEGAL RIGHTS;
(b) maintain a publicly available document that states the public use for property that has been condemned; and
(c) if requested by a home or business owner whose residence or place of business is being condemned in fee simple, hold a public hearing in advance of the institution of condemnation proceedings to receive and provide information concerning the effects of the
Section 28-1-40. (A) This section does not apply:
(1) if its provisions are otherwise contrary to the State 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; or
(5) if the condemnee expressly waives a right of first refusal in the conveyance document.
(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 immediate family member, only if:
(a) the condemnor is notified 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 immediate family member 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 immediate family member to whom the right of first refusal has been transferred:
(1) must provide to the condemnor a permanent address for service of notice if the property is sold;
(2) must inform the condemnor of any change in the permanent address for service of notice; and
(3) is 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.
(G) If the condemnor provides notice by certified letter to the permanent address for service of notice to the condemnee, his agent, or an immediate family member 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.
(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
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,
(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.
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.
The committee amendment was adopted, as amended.
There being no further amendments, the question then was the second reading of the Bill.
Senator KNOTTS spoke on the Bill.
On motion of Senator PEELER, with unanimous consent, debate was adjourned on the Bill, with Senator KNOTTS retaining the floor.
On motion of Senators MATTHEWS and HUTTO, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Henry Clay "Munchy" Berry of Bowman, S.C.
At 1:59 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.
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