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 Pro Tempore.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, on this day after Memorial Day 2006, hear the Psalmist in Psalms 77:5:
"I consider the days of old, I remember the years of long ago."
Let us pray.
Father, we need answers to so many questions in our national, international and statewide civil and spiritual lives.
We pause to give thanks for those who have gone on before us - who fought the good fight - and have given us a good and wonderful country - the United States of America!
We pray in the words from another day:
"God of our fathers, known of old -
Lord of our far-flung battle line -
Beneath whose awful hand we hold
Dominion over palm and pine -
Lord, God of Hosts, be with us yet,
Lest we forget!"
Amen!
The PRESIDENT Pro Tempore called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable Mark C. Sanford:
Reappointment, Horry County Board of Voter Registration, with term to commence March 15, 2006, and to expire March 15, 2010
At-Large:
Maurice Dewayne Jones, 4525 Canal Street, Loris, S.C. 29569
Reappointment, Horry County Board of Voter Registration, with term to commence March 15, 2006, and to expire March 15, 2008
At-Large:
J. Conrad Hetzer, 305 Ocean View Drive, Myrtle Beach, S.C. 29572
Reappointment, Horry County Board of Voter Registration, with term to commence March 15, 2006, and to expire March 15, 2008
At-Large:
James Michael Frazier, 731 Bucksport Rd., Conway, S.C. 29527
Reappointment, Horry County Board of Voter Registration, with term to commence March 15, 2006, and to expire March 15, 2008
At-Large:
Deborah A. Vrooman, 902 Hart Street, Conway, S.C. 29526
Reappointment, Horry County Board of Voter Registration, with term to commence March 15, 2006, and to expire March 15, 2008
At-Large:
Geneva S. Phillips, 8373 Ole Moore Dr., Conway, S.C. 29527
Reappointment, Myrtle Beach Air Force Base Redevelopment Authority, with term to commence July 1, 2006, and to expire June 30, 2010
Horry County Council:
Robert H. Reed, 715 Antigua Drive, Myrtle Beach, S.C. 29572
Reappointment, Beaufort County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010
Terry A. Finger, 25 McIntosh Rd., Hilton Head, S.C. 29926
Reappointment, Beaufort County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010
Darlene R. Smith, 56 Blacksmith Circle, Beaufort, S.C. 29903
Initial Appointment, Allendale County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010
Richard Brunson, 1278 Terry Road, Fairfax, S.C. 29827
Senator CROMER introduced Dr. Oscar Lovelace, along with his son, Spencer, of Prosperity, 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 this week.
At 12:50 P.M., Senator O'DELL requested a leave of absence beginning at 1:00 P.M. and lasting until 2:15 P.M. today.
S. 1415 (Word version) -- Senator Alexander: A SENATE RESOLUTION TO COMMEND MR. ROBERT W. JOHNS, DIRECTOR OF MARKETING FOR NUCOR STEEL CORPORATION, ON HIS DISTINGUISHED CAREER SERVING THE MEN AND WOMEN OF NUCOR STEEL, AND TO COMMEND HIM FOR HIS UNWAVERING ADVOCACY AND BELIEF IN THE AMERICAN MANUFACTURING SECTOR, AND TO EXTEND TO HIM EVERY BEST WISH FOR A HAPPY AND ENJOYABLE RETIREMENT.
On motion of Senator MALLOY, with unanimous consent, the name of Senator MALLOY was added as a co-sponsor of S. 1415.
S. 1447 (Word version) -- Senators Thomas, Pinckney, Drummond, Land, Leventis, Moore, Reese, Matthews, Patterson, Elliott, Rankin, O'Dell, Short, Hutto, Martin, Jackson, Anderson, Verdin, Malloy, Sheheen, 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 VERDIN, the names of Senators VERDIN and MARTIN were removed as co-sponsors of S. 1447.
On motion of Senator GROOMS, with unanimous consent, the Privilege of the Floor was extended to Janet K. Evans upon the occasion of her retirement. She was commended for her many years of dedication, expertise and loyal and devoted service.
At 12:36 P.M., Senator BRYANT assumed the Chair.
In commemoration of continuous service with the State of South Carolina, Senator McCONNELL, PRESIDENT Pro Tempore of the Senate, presented certificates and awarded service pins to the following Senate staff for their respective years of state service:
10 Year Pins
Kathryn Billing
John P. Hazzard V
Philip J. Land
Vivian B. McDowell
20 Year Pins
Elizabeth B. Dworjanyn
Debbie Love W. Griffin
Robin Moseley
Sharon Scholl
30 Year Pins
Marie Waller
Senators McCONNELL and DRUMMOND also presented certificates and service pins to the following Senators for their years of service:
10 Year Pins
Senator John D. Hawkins
Senator Brad Hutto
Senator Clementa C. Pinckney
Senator Scott Richardson
30 Year Pin
Senator Nikki G. Setzler
All were highly commended for their years of devoted and loyal service.
At 12:43 P.M., the PRESIDENT Pro Tempore assumed the Chair.
H. 4958 (Word version) -- Reps. R. Brown, Whipper, Hagood, Limehouse, Mack, Merrill, Scarborough, Young and Altman: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES RANTOWLES CREEK ALONG UNITED STATES HIGHWAY 17 IN CHARLESTON COUNTY THE "HISTORIC ST. PAUL'S PARISH BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "HISTORIC ST. PAUL'S PARISH BRIDGE".
Senator RYBERG asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Transportation.
There was no objection.
The Resolution was recalled from the Committee on Transportation and ordered placed on the Calendar for consideration tomorrow.
H. 4966 (Word version) -- Reps. Hinson, Merrill, Hodges, Jefferson, Thompson, McGee, Bailey, Cooper, Dantzler, Hagood, Harrell, Limehouse, Scarborough, J.R. Smith and Umphlett: A BILL TO AMEND SECTIONS 12-62-50 AND 12-62-60, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND BOTH RELATING TO TAX REBATES TO MOTION PICTURE PRODUCTION COMPANIES DOING BUSINESS IN SOUTH CAROLINA, SO AS TO INCREASE THE MAXIMUM PERCENTAGES OF THE TAX REBATES FROM FIFTEEN TO THIRTY PERCENT AND TO PROVIDE FOR PRE-EXISTING REBATE APPROVALS.
Senator LEATHERMAN asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
The Bill was recalled from the Committee on Finance and ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 1452 (Word version) -- Senators Hutto and Matthews: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND MRS. ADELE P. PALMIERI OF ORANGEBURG FOR HER OUTSTANDING SERVICE ON THE ORANGEBURG COUNTY VOTER REGISTRATION AND ELECTION COMMISSION FOR ALMOST TWENTY-TWO YEARS UPON HER RETIREMENT FROM THE COMMISSION AND TO ALSO COMMEND AND THANK HER FOR HER EXCELLENT SERVICE TO THE CITIZENS OF ORANGEBURG COUNTY AND THE STATE OF SOUTH CAROLINA IN OTHER PAID AND VOLUNTEER CAPACITIES.
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The Senate Resolution was adopted.
S. 1453 (Word version) -- Senators Bryant and Alexander: A SENATE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA STUDENT LEGISLATURE TO USE THE SENATE CHAMBER ON NOVEMBER 2, 2006, AND NOVEMBER 3, 2006, AND THE AVAILABLE MEETING SPACE IN THE GRESSETTE OFFICE BUILDING ON NOVEMBER 1, 2006, FOR THE ORGANIZATION'S ANNUAL MEETING, IN ACCORDANCE WITH THE BUILDING POLICY AS ADMINISTERED BY THE CLERK OF THE SENATE.
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The Senate Resolution was adopted.
S. 1454 (Word version) -- Senators Knotts, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, 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, J. Verne
The Senate Resolution was adopted.
S. 1455 (Word version) -- Senator Lourie: A SENATE RESOLUTION TO RECOGNIZE AND HONOR JAMES RICHARD JONES OF RICHLAND COUNTY FOR HIS EXTRAORDINARY COMMITMENT TO HIS COMMUNITY AND TO WISH HIM ALL THE BEST IN THE COMING YEARS.
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The Senate Resolution was adopted.
S. 1456 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE MOST WORSHIPFUL GRAND MASTER, THE HONORABLE ALONZO HAYNES, OF CHARLESTON COUNTY FOR HIS EXCEPTIONAL LEADERSHIP AND SERVICE TO THE COMMUNITY AND TO COMMEND HIM FOR ALL OF HIS GREAT ACCOMPLISHMENTS AS PART OF HIS EXTENSIVE INVOLVEMENT IN THE COMMUNITY.
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The Concurrent Resolution was adopted, ordered sent to the House.
H. 3343 (Word version) -- Reps. Hagood, Cotty, Harrison, Limehouse, Loftis, McLeod, Townsend, Merrill, Herbkersman, Pinson, Altman, Barfield, Battle, Branham, G. Brown, Ceips, Coleman, Davenport, Funderburk, Mack, McGee, Miller, J. H. Neal, Ott, Rivers, Scarborough, J. E. Smith, W. D. Smith, Young and Hodges: A BILL TO AMEND CHAPTER 22, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRETRIAL INTERVENTION PROGRAM BY DESIGNATING THE EXISTING SECTIONS AS ARTICLE 1 AND BY ADDING ARTICLE 3 SO AS TO CREATE THE TRAFFIC DIVERSION PROGRAM, TO PROVIDE THAT EACH SOLICITOR HAS THE AUTHORITY TO ESTABLISH A PROGRAM FOR PERSONS WHO COMMIT TRAFFIC-RELATED OFFENSES PUNISHABLE BY A FINE OR LOSS OF POINTS, TO PROVIDE THAT THE APPROPRIATE
Read the first time and referred to the Committee on Judiciary.
H. 4894 (Word version) -- Reps. Clyburn, Young, Cotty, Govan, Merrill, Davenport, Kennedy, Mitchell, J. H. Neal, Moody-Lawrence, Haskins, Allen, Mack, Hodges, W. D. Smith, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Delleney, Duncan, Edge, Frye, Funderburk, Hagood, Hamilton, Hardwick, Harrison, Herbkersman, J. Hines, Hinson, Hosey, Howard, Huggins, Jefferson, Leach, Limehouse, Mahaffey, Martin, McCraw, McGee, McLeod, Miller, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rutherford, Scarborough, Scott, Sinclair, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Talley, Taylor, Toole, Townsend, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, White, Whitmire, Witherspoon and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-1600 SO AS TO PROVIDE THAT A SCHOOL THAT HAS RECEIVED AN UNSATISFACTORY ACADEMIC PERFORMANCE RATING ON ITS MOST RECENT REPORT CARD SHALL OFFER AND PARENTS SHALL ATTEND AN ORIENTATION CLASS ON CERTAIN SCHOOL ISSUES.
Read the first time and referred to the Committee on Education.
H. 5209 (Word version) -- Reps. G. R. Smith, Witherspoon and Hardwick: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO ADOPT THE CORPS OF ENGINEERS' DEFINITION OF THE TERM "EPHEMERAL STREAM" IN OVERSEEING THE PROTECTION OF UNITED STATES WETLANDS.
The Concurrent Resolution was introduced and referred to the Committee on Agriculture and Natural Resources.
H. 5218 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA
Read the first time and referred to the Committee on Judiciary.
H. 5225 (Word version) -- Reps. Harrell and Cooper: A JOINT RESOLUTION TO CONTINUE THE PROVISIONS OF ACT 115 OF 2005, THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 2005-2006 AFTER JUNE 30, 2006, IF THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 2006-2007 IS NOT IN EFFECT AS OF JULY 1, 2006, AND TO APPROPRIATE AND TRANSFER REVENUE FROM THE GENERAL FUND OF THE STATE TO MEET CONSTITUTIONAL AND STATUTORY MANDATED PURPOSES, AND FOR OTHER PURPOSES.
Read the first time and referred to the Committee on Finance.
Senator COURSON from the Committee on Education submitted a favorable with amendment report on:
H. 3573 (Word version) -- Reps. Clark, Haley, Ballentine, Moody-Lawrence, Anthony, R. Brown, Clyburn, Frye, Hosey, Huggins, Mack, Mahaffey, J.H. Neal, J.M. Neal, Rice, D.C. Smith, J.R. Smith, Townsend, Vaughn, Walker, Vick, Duncan and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 63 OF TITLE 59 SO AS TO ENACT THE "SAFE SCHOOLS ACT" TO PREVENT SCHOOL HARASSMENT, INTIMIDATION, OR BULLYING, TO INSTRUCT LOCAL SCHOOL DISTRICTS TO ADOPT A POLICY PROHIBITING HARASSMENT, INTIMIDATION, OR BULLYING THAT INCLUDES CERTAIN THINGS, TO DEVELOP A TRAINING PROCESS, AND TO DEFINE CERTAIN TERMS.
Ordered for consideration tomorrow.
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.
Senator SETZLER asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
The following House Bills were read the third time and ordered returned to the House with amendments:
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.
Senator O'DELL explained the Bill.
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 following Joint Resolution was read the third time and ordered sent to the House of Representatives:
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.
Senator RYBERG explained the Joint Resolution.
The following Bills, having been read the second time, were ordered placed on the Third Reading Calendar:
H. 4485 (Word version) -- Rep. Littlejohn: A BILL TO AMEND ACT 898 OF 1966, AS AMENDED, RELATING TO THE PACOLET STATION FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BORROWING AUTHORITY OF THE BOARD OF FIRE CONTROL FROM TWENTY THOUSAND DOLLARS TO THREE HUNDRED THOUSAND DOLLARS.
On motion of Senator RITCHIE, H. 4485 was ordered to receive a third reading on Wednesday, May 31, 2006.
H. 5064 (Word version) -- Reps. J.E. Smith, Cotty, Rutherford, J.H. Neal, Brady, Bales, Harrison and Ballentine: A BILL TO PROVIDE THAT THE AUTHORITY OF THE GOVERNING BODY OF THE RICHLAND COUNTY RECREATION COMMISSION TO LEVY AD VALOREM PROPERTY TAXES UPON ALL TAXABLE PROPERTY IN THE DISTRICT FOR OPERATING OR CAPITAL PURPOSES AND TO ISSUE GENERAL OBLIGATION BONDS OR REVENUE BONDS OF THE DISTRICT IS DELETED, AND TO PROVIDE THAT THIS AUTHORITY IS TRANSFERRED TO AND RESTS SOLELY WITH THE RICHLAND COUNTY COUNCIL.
On motion of Senator PATTERSON, H. 5064 was ordered to receive a third reading on Wednesday, May 31, 2006.
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.
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\12613AC06), which was adopted:
Amend the bill, as and if amended, Section 44-1-145, page 2, immediately after line 9 by inserting:
/(C) In order for an immediate consumer or purchaser, as used in this section, to request or order ground beef to be cooked to a temperature less than one hundred fifty-five degrees Fahrenheit (sixty-eight degrees Celsius), the individual must be eighteen years of age or older Senator Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the committee amendment.
The committee amendment was adopted.
Senator RYBERG proposed the following amendment (3640R001.WGR), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 44-76-40 of the 1976 Code is amended by adding at the end:
"(5) Any person or entity that teaches or provides a training program for cardiopulmonary resuscitation that includes training in the use of
Renumber sections to conform.
Amend title to conform.
Senator RYBERG 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. 4847 (Word version) -- Reps. Clemmons, Barfield, Edge, Hardwick, Hayes, Viers and Witherspoon: A BILL TO AMEND SECTION 16-17-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SELLING TICKETS TO AN ATHLETIC CONTEST, SPORTING, ENTERTAINMENT, OR AMUSEMENT EVENT FOR MORE THAN THE PRESCRIBED AMOUNT, SO AS TO PROVIDE AN EXCEPTION FOR THE SALE OR OFFER FOR SALE OF A TICKET WHEN AUTHORIZED BY AN OPERATOR OF THE EVENT OR THE VENUE.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
Senators McCONNELL, FORD, HUTTO, KNOTTS and SHEHEEN proposed the following amendment (JUD4847.002), which was adopted:
Amend the committee report, as and if amended, page [4847-2], by striking SECTION 2 in its entirety and inserting:
/ SECTION 2. Section 16-17-710 of the 1976 Code is amended to read:
"Section 16-17-710. (1) It shall be unlawful to sell or offer for sale any ticket good for admission to any athletic contest, sporting, entertainment or amusement event where an admission price is charged, and request or receive a price in excess of one dollar of the
(B) This section does not apply to an open market event ticket offered for resale through an internet website or at a permitted physical location when the person or entity reselling the ticket guarantees to the ticket buyer a full refund of the amount paid for the ticket if:
(1) the event is cancelled, except that ticket delivery and processing charges are not required to be refunded if disclosed in the guarantee;
(2) the buyer is denied admission to the event, unless the denial is due to the act or omission of the buyer; or
(3) the ticket is not delivered to the buyer and the failure results in the buyer's inability to use the ticket to attend the event.
(C) For purposes of this section, the term 'open market event ticket' means a ticket to an event other than an event sponsored by or taking place at a venue owned by an institution of higher education. An institution of higher education may designate a ticket as an open market event ticket if the institution approves the resale of the ticket prior to the initial sale or delivery of the ticket and issues a public statement or notice authorizing the resale of the ticket.
(D) For purposes of this section, the term 'permitted physical location' is a physical geographic location that is either:
(1) on property not owned by the owner of the venue of the ticketed event or on public property even if the property is the venue of the ticketed event subject to reasonable restrictions or conditions imposed by the owner to protect the safety and welfare of attendees of the ticketed event; or
(2) on private property owned by the owner of the venue of the ticketed event if the owner expressly authorizes in writing such resales to occur on the property. The owner may provide specific locations on the property for resales to occur and provide for any conditions for resales on the property.
(2) (E) Any A person or entity violating who violates the provisions of this section shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not more than one hundred dollars or be imprisoned for not more than thirty days.
(F) The sale resale or offer for sale resale of each ticket shall constitute constitutes a separate offense." /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
The Committee on Judiciary proposed the following amendment (JUD4847.001), which was adopted:
Amend the bill, as and if amended, pages 1-2, by striking SECTION 1 and SECTION 2 in their entirety and inserting:
/ SECTION 1. Chapter 5, Title 39 of the 1976 Code is amended by adding:
"Section 39-5-36. (A) A person or firm who knowingly purchases a quantity of tickets for admission to an event which exceeds the maximum quantity posted by or on behalf of the original ticket seller at the point of original sale or printed on the tickets and intends to resell the tickets in excess of one dollar above the price charged by the original ticket seller violates the South Carolina Unfair Trade Practices Act and is subject to its provisions, penalties, and damages.
(B) A person or firm who violates the provisions of Section 16-17-710(A) is subject to the provisions, penalties, and damages of the South Carolina Unfair Trade Practices Act.
(C) A person or firm is not liable pursuant to this section with respect to tickets for which the person or firm is the original ticket seller.
(D) For purposes of this section, the term 'original ticket seller' means the issuer of the tickets or a person or firm who provides ticket distribution services or ticket sales service under a contract with the issuer."
SECTION 2. Section 16-17-710 of the 1976 Code is amended to read:
"Section 16-17-710. (1) It shall be unlawful to sell or offer for sale any ticket good for admission to any athletic contest, sporting, entertainment or amusement event where an admission price is charged, and request or receive a price in excess of one dollar of the price charged by the original seller. (A) A person or entity who offers for resale or resells a ticket for admission to an event must request or receive no more than one dollar above the price charged by the original ticket seller.
(B) The provisions of this section do not apply to an open market event ticket offered for resale through an internet website that guarantees to the ticket purchaser a full refund of the amount paid for the ticket if:
(1) the event is cancelled, except that ticket delivery and processing charges are not required to be refunded if disclosed in the guarantee;
(2) the buyer is denied admission to the event, unless the denial is due to the act or omission of the buyer; or
(3) the ticket is not delivered to the buyer and the failure results in the buyer's inability to use the ticket to attend the event.
(C) For purposes of this section, the term 'open market event ticket' means a ticket to an event other than an event sponsored by or taking place at a venue owned by an institution of higher education. An institution of higher education may designate a ticket as an open market event ticket if the institution approves the resale of the ticket prior to the initial sale or delivery of the ticket and issues a public statement or notice authorizing the resale of the ticket.
(2)(D) Any A person or entity violating who violates the provisions of this section shall be deemed subsection (A) is guilty of a misdemeanor and, upon conviction, shall must be fined not more than one hundred dollars or be imprisoned for not more than thirty days.
(E) The sale resale or offer for sale resale of each ticket shall constitute constitutes a separate offense." /
Renumber sections to conform.
Amend title to conform.
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. 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:
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 (JUD4723.003), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:
TO CREATE A SOUTH CAROLINA AFFORDABLE HOUSING STUDY COMMITTEE COMPRISED OF INDIVIDUALS FROM A VARIETY OF DISCIPLINES WHO ARE TRAINED AND KNOWLEDGEABLE IN AFFORDABLE HOUSING NEEDS, AND TO RECOMMEND LEGISLATIVE CHANGES, IF APPROPRIATE, RELATED TO AFFORDABLE HOUSING ISSUES IN THE STATE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) A South Carolina Affordable Housing Study Committee is created to recommend legislative changes, if appropriate, related to affordable housing issues in the State.
(B) In a report filed with the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives and made available to the public through the Governor's and General Assembly's websites, the study committee shall make recommendations for the development of:
(1) strategies that promote effective responses to the need for low income affordable housing;
(2) a statewide strategy to educate South Carolinians on the issues related to affordable housing;
(3) a uniform system of reporting and collecting statistical data related to affordable housing issues in South Carolina;
(4) an assessment of current housing programs and best practice models; and
(5) affordable housing elements to be considered and included in local government planning.
(C) The study committee must be composed of seventeen members consisting of:
(1) the Lieutenant Governor or his designee, who shall serve as the chairman of the study committee;
(2) one member appointed by the Governor;
(3) one member appointed by the Chairman of the Senate General Committee;
(4) one member appointed by the Chairman of the House of Representatives Medical, Military, Public and Municipal Affairs Committee;
(5) one member appointed by the Secretary of the South Carolina Department of Commerce;
(6) one member appointed by the Chairman of the South Carolina Housing and Finance Authority;
(7) one member appointed by the Chairman of the South Carolina Human Affairs Commission;
(8 ) the following members appointed by the Lieutenant Governor:
(a) a member appointed upon the recommendation of the United States Housing and Urban Development State Office;
(b) a member appointed upon the recommendation of the South Carolina Housing Authority Executive Director Association;
(c) a member appointed upon the recommendation of the United States Department of Agriculture Rural Development South Carolina State Office;
(d) a member appointed upon the recommendation of the South Carolina Association of Counties;
(e) a member appointed upon the recommendation of the Municipal Association of South Carolina;
(f) a member appointed upon the recommendation of the South Carolina Homebuilders Association;
(g) a member appointed upon the recommendation of the Affordable Housing Coalition of South Carolina;
(h) a member appointed upon the recommendation of the Manufactured Housing Institute of South Carolina;
(i) a member appointed upon the recommendation of the South Carolina Association of Realtors; and
(j) a member appointed upon the recommendation of the South Carolina Appleseed Legal Justice Center.
(D) The study committee shall render its report and recommendations to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives no later than January 15, 2009, at which time the study committee must be dissolved.
(E) 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.
(F) Notwithstanding the provisions of Section 8-13-770 of the 1976 Code, members of the General Assembly may be appointed to serve on the study committee.
(G) The Lieutenant Governor's office shall provide and coordinate staffing for the study committee.
(H) Members of the study committee shall serve without compensation, but shall receive mileage and subsistence authorized by law for members of boards, commissions, and committees.
(I) The members appointed upon the recommendations of the United States Housing and Urban Development State Office and the United States Department of Agriculture Rural Development South Carolina State Office are ex officio nonvoting members.
(J) The study committee shall meet at least once each quarter and special meetings may be called at the discretion of the Lieutenant Governor or his designee. The study committee may organize and collect information in the manner it determines to be best suited to accomplish its objectives.
SECTION 2. This act takes effect January 15, 2007, and the study committee established in SECTION 1 of this act dissolves upon the filing of its report. /
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Senators RITCHIE and JACKSON 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. 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 previously proposed amendment by Senator ELLIOTT. The amendment is as follows:
Senator ELLIOTT proposed the following amendment (JUD4410.011), which was withdrawn:
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
(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." /
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Senator ELLIOTT spoke on the amendment.
On motion of Senator ELLIOTT, the amendment was withdrawn.
On motion of Senator RANKIN, with unanimous consent, the Bill was read the second time and ordered placed on the third reading Calendar for consideration tomorrow.
Senator RANKIN asked unanimous consent to give H. 4410 a third reading tomorrow.
Senator KNOTTS objected.
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.
The Senate proceeded to a consideration of the Joint Resolution, the question being the second reading of the Resolution.
Senators MARTIN and CAMPSEN proposed the following amendment (JUD3457.005):
Amend the joint resolution, as and if amended, by striking the joint resolution in its entirety and inserting therein the following:
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 BECAUSE HUNTING AND FISHING ARE IMPORTANT FOR CONSERVATION AND VALUABLE PARTS OF SOUTH CAROLINA'S HERITAGE, THE CITIZENS OF SOUTH CAROLINA SHALL HAVE THE RIGHT TO HUNT, FISH, AND HARVEST WILDLIFE SUBJECT TO SUCH RESTRICTIONS AND REGULATIONS AS THE GENERAL ASSEMBLY PRESCRIBES BY LAW AND TO SPECIFY THAT THIS
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Article I of the Constitution of this State be amended by adding:
"Section 25. Because hunting and fishing are important for conservation and valuable parts of South Carolina's heritage, the citizens of South Carolina shall have the right to hunt, fish, and harvest wildlife subject to such restrictions and regulations as the General Assembly prescribes by law. This section must not be construed to abrogate any private property rights, existing state laws or regulations, or the state's sovereignty over its natural resources."
SECTION 2. The proposed amendment in Section 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article I of the Constitution of this State, relating to the declaration of rights under the state's Constitution, be amended by adding Section 25 so as to provide that because hunting and fishing are important for conservation and valuable parts of South Carolina's heritage, the citizens of South Carolina shall have the right to hunt, fish, and harvest wildlife subject to such restrictions and regulations as the General Assembly prescribes by law and to specify that this section must not be construed to abrogate any private property rights, existing state laws or regulations, or the State's sovereignty over its natural resources?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /
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Senator CAMPSEN explained the amendment.
Senator LEVENTIS objected to further consideration of the Joint Resolution.
H. 4913 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO PROVIDE FOR A THREE PERCENT SURCHARGE ON A RENTAL CONTRACT FOR HEAVY EQUIPMENT, TO PROVIDE FOR THE RETURN BY A BUSINESS OF A LICENSE ISSUED BY THE DEPARTMENT OF REVENUE, TO PROVIDE FOR A PENALTY FOR A RETAILER COLLECTING AN EXCESSIVE STATE OR LOCAL SALES TAX, TO PROVIDE FOR ROYALTIES TREATED AS PERSONAL HOLDING COMPANY INCOME AND AMOUNTS PAID AS GUARANTEED PAYMENTS REASONABLY RELATED TO PERSONAL SERVICES, TO DELETE THE REQUIREMENT THAT THE TAXPAYER HAVE ONE HUNDRED OR MORE EMPLOYEES FOR THE JOB TAX CREDIT, TO REVISE THE DEFINITION OF "DISTRIBUTION FACILITY", TO PROVIDE FOR DETERMINATION OF THE BASE PORT CARGO VOLUME WITH REGARD TO THE STATE INCOME TAX, TO SUSPEND THE FOUR-YEAR REFUNDABLE INCOME TAX CREDIT FOR TUTITION IF THE STUDENT IS DEPLOYED, TO FURTHER PROVIDE FOR THE COMPUTATION OF A NONRESIDENT PARTICIPANT'S PRO RATA SHARE OF SOUTH CAROLINA INCOME TAX, TO AMEND THE TAX ON LICENSED HOSPITALS FOR INDIGENT HEALTH CARE, TO AMEND PROVISIONS RELATING TO THE USER FEE, TO PROVIDE FOR SALES MADE AT A LOCATION HOLDING A TEMPORARY LICENSE OR PERMIT FOR THE EXCISE TAX ON ALCOHOLIC LIQUOR BY THE DRINK, TO MAKE CERTAIN SALES TAX EXEMPTIONS, TO PROVIDE FOR A MAXIMUM PENALTY FOR A THIRD AND SUBSEQUENT OFFENSE FOR FAILURE TO PAY PERSONAL PROPERTY TAX ON A VEHICLE, TO PROVIDE A PENALTY FOR A PERSON WHO FAILS TO PAY THE MOTOR CARRIER PROPERTY TAX ON A VEHICLE, TO AMEND PROVISIONS RELATING TO PENALTIES FOR SUBSTANTIAL UNDERSTATEMENT OF TAXES, TO PROVIDE FOR THE LIMITED CIRCUMSTANCES UNDER WHICH A PERSON OTHER THAN THE TAXPAYER LEGALLY LIABLE FOR THE TAX MAY
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.
Senators CAMPSEN and COURSON proposed the following amendment (BBM\9536HTC06):
Amend the committee report, as and if amended, page 4913-3, by striking lines 10 and 11 and inserting:
/ Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
// SECTION _____. Section 12-6-3515(B)(1)(c) of the 1976 Code, as added by Act 145 of 2005, is amended to read:
"(c) No credit is allowed pursuant to this section unless the contribution meets the requirements of Section 170 of the Internal Revenue Code, this section, and Section 12-6-5590. Property used for or associated with the playing of golf, or is planned to be so used or associated, is not eligible for the credits allowed by this section." // /
Renumber sections to conform.
Amend title to conform.
Senator CAMPSEN explained the amendment.
On motion of Senator ELLIOTT, with unanimous consent, the Bill was carried over.
S. 499 (Word version) -- Senator Verdin: A BILL TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF VETERINARY MEDICINE, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE STATE BOARD OF VETERINARY MEDICINE INCLUDING, BUT NOT LIMITED TO, REVISING PROCEDURES FOR CONDUCTING HEARINGS, PROVIDING FOR LICENSURE BY ENDORSEMENT, AUTHORIZING STUDENT PRECEPTOR PROGRAMS, AND ESTABLISHING
On motion of Senator VERDIN, with unanimous consent, the Bill was recommitted to the Committee on Labor, Commerce and Industry.
There was no objection and the Bill was recommitted.
H. 4656 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY PERMITS UPON A FAVORABLE REFERENDUM VOTE ALLOWING THE POSSESSION, SALE, AND ON-PREMISES CONSUMPTION OF ALCOHOLIC LIQUORS BY THE DRINK OR ALLOWING THE SALE OF BEER AND WINE FOR OFF-PREMISES CONSUMPTION, SO AS TO PROVIDE THAT IN ADDITION TO THE PETITION METHOD OF CALLING THE REFERENDUM, A COUNTY OR MUNICIPAL GOVERNING BODY BY ORDINANCE MAY ALSO CALL THE REQUIRED REFERENDUM.
Senator FORD asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator RANKIN proposed the following Amendment No. P-1 (JUD4656.011), which was adopted:
Amend the committee report, as and if amended, by striking it in its entirety and inserting:
// Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 61-4-10 of the 1976 Code, as added by Act 415 of 1996, is further amended to read:
"Section 61-4-10. All beers, ales, porter, and other similar malt or fermented beverages containing not in excess of five fourteen percent of alcohol by weight and all wines containing not in excess of twenty-one percent of alcohol by volume are declared to be nonalcoholic and nonintoxicating beverages."
SECTION 2. Section 61-6-20(2) of the 1976 Code is amended to read:
"(2) 'Bona fide engaged primarily and substantially in the preparation and serving of meals' means a business which has been
SECTION 3. Section 61-6-50 of the 1976 Code is amended to read:
"Section 61-6-50. The wilful violation of any rule or regulation made under the provisions of the ABC Act constitutes a violation of the act. The determination of what action constitutes a wilful violation shall be made pursuant to the terms within the provisions of the ABC Act and no regulation shall be promulgated or enforced that exceeds the requirements of the ABC Act."
SECTION 4. Section 61-6-510 of the 1976 Code, as added by Act 415 of 1996, is redesignated as Section 61-6-2015 in Subarticle 5, Article 5, Chapter 6 of Title 61.
SECTION 5. Section 61-6-1610 of the 1976 Code, as last amended by Act 139 of 2005, is further amended to read:
"Section 61-6-1610. (A) Except on Sunday, it is lawful to sell and consume alcoholic liquors sold by the drink in a business establishment between the hours of ten o'clock in the morning and two o'clock the following morning if the establishment meets the following requirements:
(1) the business is bona fide engaged primarily and substantially in the preparation and serving of meals or furnishing of lodging; and
(2) the business has a license from the department authorizing the sale and consumption of alcoholic liquors by the drink, which is displayed conspicuously on the main entrance to the premises and clearly visible from the outside.
(B) Notwithstanding another provision of this article, the licensed premises of a business establishment which is bona fide engaged primarily and substantially in the preparation and service of meals and which holds a valid license for the sale and consumption of alcoholic liquors by the drink do not extend to any portion of the business establishment or the property upon which it is located which is designed as or used for a parking area even though food may be served in the area.
(C) An establishment licensed pursuant to the provisions of this article may use alcoholic liquors in the preparation of food without obtaining the license provided for in Section 61-6-700.
(D) Any licensee, employee, or agent of an establishment licensed as a food service establishment or place of lodging is prohibited from selling, making available for sale, or permitting the consumption of
(E)(1) It is unlawful for a person licensed to sell alcoholic liquor by the drink pursuant to the provisions of this section to knowingly and wilfully refill, partially refill, or reuse a bottle of lawfully purchased alcoholic liquor, or otherwise tamper with the contents of the bottle.
(2) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction:
(a) for a first offense, must be fined five hundred dollars or imprisoned for not more than thirty days, or both;
(b) for a second or subsequent offense, must be fined one thousand dollars or imprisoned for not more than six months, or both.
(F) In addition to the penalties provided in subsection (E), a violation of this section may subject the licensee or permit holder to revocation or suspension of the license or permit by the department.
(G) The possession of a refilled or reused bottle or other container of alcoholic liquors is prima facie evidence of a violation of this section. A person who violates this provision must, upon conviction, have his license revoked permanently.
(H) An establishment licensed pursuant to the provisions of Section 61-6-20(2) as a business that is bona fide engaged primarily and substantially in the preparation and serving of meals is authorized to continue to operate as the licensed establishment so long as the licensed establishment maintains a Grade A retail food establishment permit from the Department of Health and Environmental Control. Upon notice by the Department of Health and Environmental Control to the licensed establishment and to the Department of Revenue that the retail food establishment permit has been reduced to a grade below Grade A, the licensed establishment has thirty days within which to request a subsequent inspection by the Department of Health and Environmental Control. If a subsequent inspection is not requested within thirty days after the reduction in a grade below Grade A, or the subsequent inspection results in a grade below Grade A, then the Department of Revenue shall suspend the license of the licensed establishment until
SECTION 6. Section 61-6-1620 of the 1976 Code, as last amended by Act 139 of 2005, is further amended by adding at the end:
"(C) A licensee may not permit a person to possess or consume liquor on his premises which was not sold by the licensee; except that a person may possess or consume liquor on licensed premises when the liquor was not purchased from the licensee so long as the liquor is possessed and consumed in a separate and private area of the establishment which area a specific individual has leased for a function not open to the general public, and the person is complying with the department's regulations concerning private parties.
(D) A licensee may not permit liquor on the licensed premises other than liquor that the licensee purchased from a retail liquor store that also holds a wholesaler's basic permit pursuant to the Federal Alcohol Administration Act; except that a licensee may permit a person to posses liquor on the premises in accordance with Subsection (C) so long as the liquor was purchased from a licensed South Carolina retail liquor store.
(E) A licensee may not sell liquor by the filled or partially filled bottle, other than a fifty milliliter container, and may not permit a customer to remove liquor by the filled or partially filled bottle from the premises, other than a fifty milliliter container."
SECTION 7. Section 61-6-2010(C) of the 1976 Code, as last amended by Act 259 of 2006, is further amended by adding the following new subsection at the end to read:
"(4) In addition to the petition method of calling the referendum provided for in item (1) of this subsection, a county or municipal governing body by ordinance may also call the referendum. Upon receipt of a copy of the ordinance filed with the county or municipal election commission at least sixty days before the date of the next general election, the commission shall conduct the referendum in the manner provided in this section at that general election. The provisions of this item are in addition to the authority of a municipal governing body to call for a referendum under the circumstances enumerated in subsection (D)."
SECTION 8. Section 61-6-4310 of the 1976 Code, as added by Act 415 of 1996, is further amended to read:
"Section 61-6-4310. Alcoholic liquors seized by the department, its agents, or by the division must be sold by the department division at public auction to the highest bidder after advertisement. The proceeds
SECTION 9. This act takes effect upon approval by the Governor./ //
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Senator RANKIN explained the amendment.
The amendment was adopted.
Senator ELLIOTT spoke on the Bill.
Senator PEELER objected to further consideration of the Bill.
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 second reading of the Bill.
Senator MALLOY proposed the following Amendment No. 1A (JUD3700.006), which was ruled out of order:
Amend the bill, as and if amended, page 2, by striking lines 1-13 in their entirety.
Amend the bill further, as and if amended, page 2, after line 25, 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,
(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
(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
(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
(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
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
(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
(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
(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
(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
(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
(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.
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 MALLOY rose for an Expression of Personal Interest.
Senator CLEARY 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.
Senator RITCHIE spoke on the Point of Order.
Senator SHEHEEN spoke on the Point of Order.
The PRESIDENT Pro Tempore sustained the Point of Order.
The amendment was ruled out of order.
Senator MALLOY objected to further consideration of the Bill.
On motion of Senator MARTIN, with unanimous consent, the Senate agreed that, when the Senate adjourns today, it stand adjourned to meet tomorrow at 10:00 A.M.
At 1:34 P.M., on motion of Senator MARTIN, the Senate receded from business until 3:00 P.M.
The Senate reassembled at 3:15 P.M. and was called to order by the PRESIDENT.
On motion of Senator MARTIN, with unanimous consent, Senators GROOMS, RYBERG and SHEHEEN were granted leave to attend a meeting of a conference committee and be granted leave to vote from the balcony.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
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 that the Bill be made a Special Order.
At 3:20 P.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator LEVENTIS 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 Gregory Grooms Hawkins Hayes Hutto
Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin McConnell McGill Mescher Moore O'Dell Patterson Peeler Pinckney Rankin Reese Richardson Ritchie Ryberg Scott Setzler Sheheen Short Thomas Verdin Williams
A quorum being present, the Senate resumed.
Senator FORD recorded his presence subsequent to the Call of the Senate.
The question then was the motion to make the Bill 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 Mescher Moore Peeler Rankin Richardson Ritchie Ryberg Scott Setzler Sheheen Thomas Verdin
Anderson Drummond Elliott Ford Hutto Jackson Knotts Land Leventis
Malloy McConnell McGill O'Dell Patterson Pinckney Reese Short Williams
Having failed to receive the necessary vote, the motion to make the Bill a Special Order failed.
I voted against setting H. 5057 for Special Order because there are only two days left in the legislative session, and this is too important a piece of legislation to consider in such a short amount of time.
H. 3923 (Word version) -- Reps. Limehouse, Altman, Harrell, Merrill, Scarborough, Hinson, Dantzler, Chellis, Hagood and Ceips: A BILL TO AMEND CHAPTER 3, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE PORTS AUTHORITY, BY ADDING ARTICLE 12 SO AS TO REQUIRE A FINGERPRINT-BASED CRIMINAL HISTORY CHECK OF EMPLOYEES OF THE PORTS AUTHORITY AND OTHER PERSONS ON TERMINALS ENGAGED IN ACTIVITIES RELATING TO CARGO MOVEMENT AT PORTS AUTHORITY FACILITIES, TO PROHIBIT THE EMPLOYMENT OF CERTAIN PERSONS AT PORTS AUTHORITY FACILITIES, AND TO PROVIDE FOR THE PROCEDURES NECESSARY TO IMPLEMENT THE ABOVE PROVISIONS.
Senator MARTIN moved that the Bill be made a Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryant Campsen Cleary Courson Cromer Drummond Fair Gregory Grooms Hawkins Hayes Hutto Knotts Land
Leatherman Lourie Martin McGill Mescher Moore O'Dell Peeler Rankin Reese Richardson Ritchie Ryberg Scott Setzler Thomas Verdin Williams
Elliott Ford Jackson Leventis Malloy McConnell Patterson Pinckney
The Bill was made a Special Order.
I voted against setting H. 3923 for Special Order because there are only two days left in the legislative session, and this is too important a piece of legislation to consider in such a short amount of time.
H. 3881 (Word version) -- Reps. Hagood, Brady, Altman, Limehouse, Scarborough, Taylor, R. Brown, Mack, Miller, Whipper, Bailey, Weeks and Funderburk: A BILL TO ENACT THE "SOUTH CAROLINA PRIORITY INVESTMENT ACT" BY AMENDING SECTION 6-29-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPREHENSIVE PLANS OF LOCAL PLANNING COMMISSIONS, SO AS TO AMEND THE HOUSING ELEMENT AND TO PROVIDE FOR TRANSPORTATION, INTERGOVERNMENTAL COORDINATION, AND PRIORITY INVESTMENT ELEMENTS OF COMPREHENSIVE PLANS; TO AMEND SECTION 6-29-720, RELATING TO THE REGULATION OF ZONING DISTRICTS, SO AS TO ALLOW LOCAL GOVERNMENTS TO DEVELOP MARKET-BASED INCENTIVES AND ELIMINATION OF UNNECESSARY HOUSING REGULATORY REQUIREMENTS TO ENCOURAGE PRIVATE DEVELOPMENT, TRADITIONAL NEIGHBORHOOD DESIGN, AND AFFORDABLE HOUSING IN PRIORITY INVESTMENT
Senator MARTIN made a motion to set the Bill for Special Order.
The Bill was made a Special Order.
Senators McCONNELL and FORD desired to be recorded as voting against the motion to make the Bill a Special Order.
I voted against setting H. 3881 for Special Order because there are only two days left in the legislative session, and this is too important a piece of legislation to consider in such a short amount of time.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
Columbia, S.C., May 30, 2006
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.311, H. 3977 by a vote of 95 to 10:
(R311, H3977 (Word version)) -- Reps. Thompson, Simrill, Sandifer, Cobb-Hunter, Wilkins, Leach, Hosey, Altman, Emory, Hamilton, Harrison, Lucas, Martin, McGee, Merrill, J.M. Neal, Ott, Perry, M.A. Pitts,
Received as information.
(R311, H3977 (Word version)) -- Reps. Thompson, Simrill, Sandifer, Cobb-Hunter, Wilkins, Leach, Hosey, Altman, Emory, Hamilton, Harrison, Lucas, Martin, McGee, Merrill, J.M. Neal, Ott, Perry, M.A. Pitts, Scarborough, G.R. Smith, Taylor, Townsend, White, Whitmire, Mitchell, Coates, McLeod, Umphlett, Mahaffey, Battle, Ballentine, Clark and Clemmons: AN ACT TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY BY ADDING CHAPTER 23, SO AS TO ESTABLISH THE LAW ENFORCEMENT TRAINING COUNCIL, TO ESTABLISH A PROGRAM OF TRAINING FOR LAW ENFORCEMENT OFFICERS AND OTHER PERSONS EMPLOYED IN THE CRIMINAL JUSTICE SYSTEM, AND TO PROVIDE THAT THE COUNCIL SHALL OVERSEE THE ACTIVITIES OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY; TO AMEND SECTION 6-11-340, RELATING TO PROTECTION OF SPECIAL PURPOSE DISTRICTS, SO AS TO SUBSTITUTE "CRIMINAL JUSTICE ACADEMY" FOR "CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY"; TO AMEND SECTION 23-28-30, AS AMENDED, RELATING TO TRAINING COURSES FOR RESERVE OFFICERS, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL" FOR "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY"; TO AMEND SECTION 23-28-40, AS AMENDED, RELATING TO TRAINING PROVIDED FOR RESERVE OFFICERS, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL" FOR "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY" AND "TRAINING COUNCIL" FOR "TRAINING ADVISORY COUNCIL"; TO AMEND SECTION 23-47-20, AS AMENDED, RELATING TO 911 SYSTEM REQUIREMENTS, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL (CRIMINAL JUSTICE ACADEMY)" FOR "CRIMINAL JUSTICE ACADEMY DIVISION
Senator ALEXANDER asked unanimous consent to make a motion that the veto of the Governor be taken up for immediate consideration.
There was no objection.
Senator ALEXANDER moved to override the veto by the Governor.
The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryant Cromer Drummond Elliott Fair Grooms Hawkins Hutto Jackson Knotts Land Leatherman Lourie Malloy Martin McGill Mescher Moore O'Dell Patterson Pinckney Rankin Reese Richardson Ryberg Scott Setzler Short Thomas Verdin Williams
Campsen Cleary Courson Gregory Hayes McConnell Peeler Sheheen
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Having been absent at the time the roll call was taken, Senator FORD desired to be recorded as voting against the motion to override the veto by the Governor.
HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF REPORTS OF COMMITTEES OF CONFERENCE AND FREE CONFERENCE.
H. 4450 (Word version) -- Reps. Cotty, Harrell, Merrill, Walker, Ballentine, Haley, Chellis, E.H. Pitts, Townsend, Clark, Altman, Bailey, Bales, Bingham, Bowers, Brady, Cato, Ceips, Clyburn, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Hagood, Harrison, Haskins, Herbkersman, Hinson, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mahaffey, Martin, Phillips, Pinson, M.A. Pitts, Rhoad, Sandifer, Scarborough, G.M. Smith, J.R. Smith, Thompson, Toole, Tripp, Umphlett, Vaughn, White, Whitmire, Young, W.D. Smith, Kirsh, Huggins, Hamilton, McGee and Stewart: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 29, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO PROVIDE THAT TAXES UPON REAL PROPERTY MUST BE ASSESSED IN ACCORDANCE WITH THE METHODS AS PROVIDED BY THE GENERAL ASSEMBLY IN ARTICLE X OF THE STATE CONSTITUTION; TO AMEND SECTIONS 1 AND 3 OF ARTICLE X, RELATING TO FINANCE AND TAXATION, SO AS TO PROVIDE THAT THE REQUIREMENT THAT TAXATION OF REAL PROPERTY MUST BE UNIFORM APPLIES TO
On motion of Senator MARTIN, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator MARTIN spoke on the report.
Senator MARTIN requested Free Conference Powers be granted.
Senator LEVENTIS argued contra to the motion.
At 4:25 P.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was present.
The Senate resumed.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryant Campsen Cleary Courson Elliott Fair Gregory Grooms
Hawkins Hayes Knotts Leatherman Lourie Martin McConnell Mescher O'Dell Peeler Rankin Richardson Ritchie Ryberg Scott Setzler Short Thomas Verdin Williams
Anderson Drummond Ford Hutto Jackson Land Leventis Malloy Patterson Pinckney Reese Sheheen
Having failed to receive the necessary vote, the motion requesting Free Conference Powers failed.
H. 3831 (Word version) -- Reps. Talley and Harrison: A BILL TO AMEND SECTION 7-7-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES WHERE ELECTORS ARE REGISTERED AND VOTE, SO AS TO PROVIDE THAT IN AN EMERGENCY SITUATION ELECTORS MAY VOTE IN A LOCATION OR AT A POLLING PLACE NOT WITHIN THE PRECINCT WHERE THE ELECTOR IS REGISTERED TO VOTE, AND TO PROVIDE CONDITIONS WHEN AN ALTERNATE POLLING PLACE MAY BE DESIGNATED.
On motion of Senator MARTIN, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator MARTIN spoke on the report.
On motion of Senator MARTIN, the Report of the Committee of Conference to H. 3831 (S-JUD/Amend/CRJUD3831) was adopted as follows:
The Committee of Conference, to whom was referred:
H. 3831 (Word version) -- Reps. Talley and Harrison: A BILL TO AMEND SECTION 7-7-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES WHERE ELECTORS ARE REGISTERED AND VOTE, SO AS TO PROVIDE THAT IN AN EMERGENCY SITUATION ELECTORS MAY VOTE IN A LOCATION OR AT A POLLING PLACE NOT WITHIN THE PRECINCT WHERE THE ELECTOR IS REGISTERED TO VOTE, AND TO PROVIDE CONDITIONS WHEN AN ALTERNATE POLLING PLACE MAY BE DESIGNATED.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 7-7-910 of the 1976 Code, as last amended by Act 466 of 1996, is further amended to read:
"Section 7-7-910. (A) Subject to the provisions of Section 7-7-920 and Section 7-5-440 and except as provided in subsection (B) of this section, every each elector must be registered and, unless otherwise specified on his voting certificate, shall vote at the designated polling place within the precinct of his residence, but in incorporated municipalities in which officers are elected by wards or other municipal subdivisions, electors must be registered and shall vote at their designated polling places.
(B)(1) For purposes of this subsection, an 'emergency situation' means the designated polling place is not available for use as a polling place on the election day after the first notice of the election is published.
(2) If a designated polling place in a precinct is unavailable for use during an election as a result of an emergency situation, the authority charged by law with conducting the election shall designate an alternative polling place to be used for the electors in that precinct for any election occurring during the emergency situation. An alternative polling place for an emergency situation must be approved by the majority of the legislative delegation if the designation occurs more than seven days prior to the election. If an alternative polling place for an emergency situation is designated seven days or less prior
(3) The alternative polling place is not required to be within the precinct of the elector's residence; however, the authority charged by law with conducting the election may designate an alternative polling place outside the precinct only if no other location within the precinct is available for use as a polling place. If an alternative polling place is outside the precinct, it must be located in an adjoining precinct. The alternative polling place must be selected with consideration of the distance the electors would be required to travel in order to vote.
(4) Every attempt must be made to notify electors of the alternative polling place before the election and on the day of the election through the media and by posted notice at the designated polling place.
(C) If an alternative polling place outside of the precinct is selected pursuant to subsection (B) of this section, the authority charged by law with conducting the election shall certify in writing to the State Election Commission that no other location within the precinct is available for use as a polling place and that the selection of a polling place was made with consideration of the distance electors would have to travel to vote."
SECTION 2. This act takes effect upon approval by the Governor and must not be put into practice until it receives preclearance by the United States Department of Justice. /
Amend title to conform.
/s/Sen. Larry A. Martin /s/Rep. Scott Talley /s/Sen. Vincent A. Sheheen /s/Rep. James Todd Rutherford /s/Sen. G.E. "Chip" Campsen III /s/Rep. Thad T. Viers On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
H. 4165 (Word version) -- Reps. M.A. Pitts, Rhoad, Umphlett, E.H. Pitts, Loftis, Whipper, Witherspoon, Haley, Hardwick, Agnew, Anderson, Vaughn, Mahaffey, Leach, Bales, Clemmons, Cooper, Littlejohn, Owens, Taylor, Weeks, Whitmire, Duncan and Toole: A BILL TO AMEND SECTION 50-3-316, AS AMENDED, CODE OF LAWS OF SOUTH
On motion of Senator GREGORY, with unanimous consent, the Report of the Committee of Conference (GJK/21266SD06) was taken up for immediate consideration.
Senator GREGORY spoke on the report.
On motion of Senator GREGORY, the Report of the Committee of Conference to H. 4165 was adopted as follows:
The Committee of Conference, to whom was referred:
H. 4165 (Word version) -- Reps. M.A. Pitts, Rhoad, Umphlett, E.H. Pitts, Loftis, Whipper, Witherspoon, Haley, Hardwick, Agnew, Anderson, Vaughn, Mahaffey, Leach, Bales, Clemmons, Cooper, Littlejohn, Owens, Taylor, Weeks, Whitmire, Duncan and Toole: A BILL TO AMEND SECTION 50-3-316, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRITERIA FOR HIRING NATURAL RESOURCES ENFORCEMENT OFFICERS, SO AS TO REVISE THE RESIDENCY REQUIREMENTS FOR THESE ENFORCEMENT OFFICERS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 50-3-316 of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:
"Section 50-3-316. In employing enforcement officers, the department shall use the criteria as required by the Office of Human Resources and the department. The criteria must include, but are not limited to, a written examination, physical examination, and interview. Each applicant is required to perform at minimal levels as required by the Office of Human Resources and the department. The department shall employ the most qualified applicants. An enforcement officer
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to read:
/TO AMEND SECTION 50-3-316, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRITERIA FOR HIRING NATURAL RESOURCES ENFORCEMENT OFFICERS, SO AS TO REVISE THE RESIDENCY REQUIREMENTS FOR THESE ENFORCEMENT OFFICERS, AND TO DELETE PROVISIONS PERTAINING TO THE FUNDING OF THE COMPENSATION OF THESE ENFORCEMENT OFFICERS./
/s/Hon. Chauncey K. Gregory /s/Hon. Michael A. Pitts /s/Hon. Kevin L. Bryant Hon. Thomas N. Rhoad /s/Hon. Vincent A. Sheheen /s/Hon. C. David Umphlett, Jr. On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
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 RYBERG, with unanimous consent, the Report of the Committee of Conference (NBD/12634AC06) was taken up for immediate consideration.
Senator RYBERG spoke on the report.
On motion of Senator RYBERG, the Report of the Committee of Conference to S. 680 was adopted as follows:
The COMMITTEE OF CONFERENCE, to whom was referred:
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.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 41, Title 39 of the 1976 Code is amended by adding:
"Section 39-41-295. Notwithstanding Section 39-41-260, or any other provision of law, motor fuel, as defined in Section 12-28-110(39), may be dispensed at an unattended service station if the dispensing device has an automatic shut-off valve that is activated when the sale of the motor fuel reaches thirty gallons. In addition, the dispensing device shall be equipped with emergency controls pursuant to Chapter 22 Section 2204.3.3 of the International Fire Code. The service station shall be equipped with a 2A-20B-C fire extinguisher within seventy-five feet of the pump as required in Chapter 22 Section 2205.5 of the International Fire Code."
SECTION 2. This act takes effect upon approval by the Governor./
Amend the bill, further by striking all before the enacting words and inserting:
/TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-295 SO AS TO PROVIDE THAT MOTOR FUEL MAY BE DISPENSED AT UNATTENDED SERVICE STATIONS IF THE DISPENSING DEVICE HAS AN AUTOMATIC SHUT-OFF VALVE THAT IS ACTIVATED WHEN THE SALE REACHES THIRTY GALLONS AND TO REQUIRE THE DISPENSING DEVICE TO BE EQUIPPED WITH EMERGENCY CONTROLS AND THE SERVICE STATION WITH FIRE EXTINGUISHERS./
/s/Sen. W. Greg Ryberg /s/Rep. C. David Umphlett /s/Sen. Lawrence K. Grooms /s/Rep. Jeffrey D. Duncan /s/Sen. Vincent A. Sheheen /s/Rep. Laurie Slade Funderburk On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
S. 1267 (Word version) -- Senators Hawkins and Knotts: A BILL TO AMEND SECTION 23-3-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTRONIC MONITORING OF SEX OFFENDERS, SO AS TO ESTABLISH THE PERSONS WHO MUST BE ELECTRONICALLY MONITORED AND TO ESTABLISH THE PROCEDURES FOR MONITORING SUCH PERSONS.
The House returned the Bill with amendments.
Senator KNOTTS proposed the following amendment (JUD1267.001), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. This act may be cited as the "Sex Offender Accountability and Protection of Minors Act of 2006".
SECTION 2. Section 16-3-20(C)(a) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) The murder was committed by a person deemed a sexually violent predator pursuant to the provisions of Chapter 48, Title 44, or a person deemed a sexually violent predator who is released pursuant to Section 44-48-120."
SECTION 3. Section 16-3-655 of the 1976 Code is amended to read:
"Section 16-3-655. (A) A person is guilty of criminal sexual conduct with a minor in the first degree if:
(1) the actor engages in sexual battery with the a victim who is less than eleven years of age; or
(2) the actor engages in sexual battery with a victim who is less than sixteen years of age and the actor has previously been convicted of, pled guilty or nolo contendere to, or adjudicated delinquent for an offense listed in Section 23-3-430(C) or has been ordered to be included in the sex offender registry pursuant to Section 23-3-430(D).
Upon conviction, the actor must be punished by imprisonment for not less than ten years nor more than thirty years, no part of which may be suspended or probation granted.
(B) A person is guilty of criminal sexual conduct with a minor in the second degree if:
(1) the actor engages in sexual battery with a victim who is fourteen years of age or less but who is at least eleven years of age.; or
(C) A person is guilty of criminal sexual conduct in the second degree if
(2) the actor engages in sexual battery with a victim who is at least fourteen years of age but who is less than sixteen years of age and the actor is in a position of familial, custodial, or official authority to coerce the victim to submit or is older than the victim.
(C)(1) A person convicted of a violation of subsection (A)(1) is guilty of a felony and, upon conviction, must be imprisoned for a mandatory minimum of twenty-five years, no part of which may be suspended or probation granted, or must be imprisoned for life. In the case of a person pleading guilty or nolo contender to a violation of subsection (A)(1), the judge must make a specific finding on the record regarding whether the type of conduct that constituted the sexual battery involved sexual or anal intercourse by a person or intrusion by an object. In the case of a person convicted at trial for of a violation of subsection (A)(1), the judge or jury, whichever is applicable, must designate as part of the verdict whether the conduct that constituted the sexual battery involved sexual or anal intercourse by a person or intrusion by an object. If the person has previously been convicted of, pled guilty or nolo contendere to, or adjudicated delinquent for first degree criminal sexual conduct with a minor who is less than eleven years of age or a federal or out-of-state offense that would constitute first degree criminal sexual conduct with a minor who is less than eleven years of age, he must be punished by death or by imprisonment for life, as provided by this section. For the purpose of determining a prior conviction under this subsection, the person must have been convicted of, pled guilty or nolo contendre to, or adjudicated delinquent on a separate occasion, prior to the instant adjudication, for first degree criminal sexual conduct with a minor who is less than eleven years of age or a federal or out-of-state offense that would constitute first degree criminal sexual conduct with a minor who is less than eleven years of age. In order to be eligible for the death penalty pursuant to this section, the sexual battery constituting the current offense and any prior offense must have involved sexual or anal intercourse by a person or
(2) A person convicted of a violation of subsection (A)(2) is guilty of a felony and, upon conviction, must be imprisoned for not less than ten years nor more than thirty years, no part of which may be suspended or probation granted.
(3) A person convicted of a violation of subsection (B) is guilty of a felony and, upon conviction, must be imprisoned for not more than twenty years according to the discretion of the court.
(D) If the State seeks the death penalty, upon conviction or adjudication of guilt of a defendant pursuant to this section, a statutory aggravating circumstance is found beyond a reasonable doubt pursuant to subsections (D)(1) and (D)(2), and a recommendation of death is not made, the trial judge must impose a sentence of life imprisonment. For purposes of this section, 'life imprisonment' means until death of the offender without the possibility of parole, and when requested by the State or the defendant, the judge must charge the jury in his instructions that life imprisonment means until the death of the defendant without the possibility of parole. No person sentenced to life imprisonment, pursuant to this subsection, is eligible for parole, community supervision, or any early release program, nor is the person eligible to receive any work credits, education credits, good conduct credits, or any other credits that would reduce the mandatory life imprisonment required by this section. Under no circumstances may a female who is pregnant be executed, so long as she is pregnant or for a period of at least nine months after she is no longer pregnant. When the Governor commutes a sentence of death imposed pursuant to this section to life imprisonment under the provisions of Section 14 of Article IV of the
(1) When the State seeks the death penalty, upon conviction or adjudication of guilt of a defendant pursuant to this section, the court shall conduct a separate sentencing proceeding. In the proceeding, if a statutory aggravating circumstance is found, the defendant must be sentenced to either death or life imprisonment. The proceeding must be conducted by the trial judge before the trial jury as soon as practicable after the lapse of twenty-four hours unless waived by the defendant. If trial by jury has been waived by the defendant and the State, or if the defendant pleaded guilty, the sentencing proceeding must be conducted before the judge. In the sentencing proceeding, the jury or judge shall hear additional evidence in extenuation, mitigation, or aggravation of the punishment. Only such evidence in aggravation as the State has informed the defendant in writing before the trial is admissible. This section must not be construed to authorize the introduction of any evidence secured in violation of the Constitution of the United States, or the State of South Carolina, or the applicable laws of either. The State, the defendant, and his counsel are permitted to present arguments for or against the sentence to be imposed. The defendant and his counsel shall have the closing argument regarding the sentence to be imposed.
(2) In sentencing a person upon conviction or adjudication of guilt of a defendant pursuant to this section, the judge shall consider, or he shall include in his instructions to the jury for it to consider, mitigating circumstances otherwise authorized or allowed by law and the following statutory aggravating and mitigating circumstances which may be supported by the evidence:
(a) Statutory aggravating circumstances:
(i) the victim's resistance was overcome by force;
(ii) the victim was prevented from resisting the act because the actor was armed with a dangerous weapon;
(iii) the victim was prevented from resisting the act by threats of great and immediate bodily harm, accompanied by an apparent power to inflict bodily harm;
(iv) the victim is prevented from resisting the act because the victim suffers from a physical or mental infirmity preventing his resistance;
(v) the crime was committed by a person with a prior conviction for murder.
(vi) the offender committed the crime for himself or another for the purpose of receiving money or a thing of monetary value;
(vii) the offender caused or directed another to commit the crime or committed the crime as an agent or employee of another person;
(viii) the crime was committed against two or more persons by the defendant by one act, or pursuant to one scheme, or course of conduct.
(ix) the crime was committed during the commission of burglary in any degree or kidnapping.
(b) Mitigating circumstances:
(i) the defendant has no significant history of prior criminal convictions involving the use of violence against another person;
(ii) the crime was committed while the defendant was under the influence of mental or emotional disturbance;
(iii) the defendant was an accomplice in the crime committed by another person and his participation was relatively minor;
(iv) the defendant acted under duress or under the domination of another person;
(v) the capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired;
(vi) the age or mentality of the defendant at the time of the crime;
(vii) the defendant was below the age of eighteen at the time of the crime.
The statutory instructions as to statutory aggravating and mitigating circumstances must be given in charge and in writing to the jury for its deliberation. The jury, if its verdict is a recommendation of death, shall designate in writing, and signed by all members of the jury, the statutory aggravating circumstance or circumstances, which it found beyond a reasonable doubt. The jury, if it does not recommend death, after finding a statutory aggravating circumstance or circumstances beyond a reasonable doubt, shall designate in writing, and signed by all members of the jury, the statutory aggravating circumstance or circumstances it found beyond a reasonable doubt. In nonjury cases, the judge shall make the designation of the statutory aggravating circumstance or circumstances. Unless at least one of the statutory
Where a statutory aggravating circumstance is found and a recommendation of death is made, the trial judge shall sentence the defendant to death. The trial judge, before imposing the death penalty, shall find as an affirmative fact that the death penalty was warranted under the evidence of the case and was not a result of prejudice, passion, or any other arbitrary factor. Where a statutory aggravating circumstance is found and a sentence of death is not recommended by the jury, the trial judge shall sentence the defendant to life imprisonment as provided in subsection (D)(4). Before dismissing the jury, the trial judge shall question the jury as to whether or not it found a statutory aggravating circumstance or circumstances beyond a reasonable doubt. If the jury does not unanimously find any statutory aggravating circumstances or circumstances beyond a reasonable doubt, it shall not make a sentencing recommendation. Where a statutory aggravating circumstance is not found, the trial judge shall sentence the defendant to life imprisonment. No person sentenced to life imprisonment under this section is eligible for parole or to receive any work credits, good conduct credits, education credits, or any other credits that would reduce the sentence required by this section. If the jury has found a statutory aggravating circumstance or circumstances beyond a reasonable doubt, the jury shall designate this finding, in writing, signed by all the members of the jury. The jury shall not recommend the death penalty if the vote for such penalty is not unanimous as provided. If members of the jury after a reasonable deliberation cannot agree on a recommendation as to whether or not the death sentence should be imposed on a defendant upon conviction or adjudication of guilt of a defendant pursuant to this section, the trial judge shall dismiss such jury and shall sentence the defendant to life imprisonment, as provided in subsection (D)(4).
(3) Notwithstanding the provisions of Section 14-7-1020, in cases involving capital punishment a person called as a juror must be examined by the attorney for the defense.
(4) In a criminal action pursuant to this section, which may be punishable by death, a person may not be disqualified, excused, or excluded from service as a juror by reason of his beliefs or attitudes against capital punishment unless such beliefs or attitudes would render him unable to return a verdict according to law.
(E)(1) In all cases in which an individual is sentenced to death pursuant to this section, the trial judge shall, before the dismissal of the
(2) The verbal instruction shall include:
(a) the right of the juror to refuse to discuss the verdict;
(b) the right of the juror to discuss the verdict to the extent that the juror so chooses;
(c) the right of the juror to terminate any discussion pertaining to the verdict at any time the juror so chooses;
(d) the right of the juror to report any person who continues to pursue a discussion of the verdict or who continues to harass the juror after the juror has refused to discuss the verdict or communicated a desire to terminate discussion of the verdict; and
(e) the name, address, and phone number of the person or persons to whom the juror should report any harassment concerning the refusal to discuss the verdict or the juror's decision to terminate discussion of the verdict.
(3) In addition to the verbal instruction of the trial judge, each juror, upon dismissal from jury service, shall receive a copy of the written jury instruction set forth in subsection (1).
(F)(1) Whenever the death penalty is imposed pursuant to this section, and upon the judgment becoming final in the trial court, the sentence shall be reviewed on the record by the Supreme Court of South Carolina. The clerk of the trial court, within ten days after receiving the transcript, shall transmit the entire record and transcript to the Supreme Court of South Carolina together with a notice prepared by the clerk and a report prepared by the trial judge. The notice shall set forth the title and docket number of the case, the name of the defendant and the name and address of his attorney, a narrative statement of the judgment, the offense, and the punishment prescribed. The report shall be in the form of a standard questionnaire prepared and supplied by the Supreme Court of South Carolina.
(2) The Supreme Court of South Carolina shall consider the punishment as well as any errors by way of appeal.
(3) With regard to the sentence, the court shall determine:
(a) whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor;
(b) whether the evidence supports the jury's or judge's finding of a statutory aggravating circumstance as enumerated in subsection (D)(2)(a); and
(c) whether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant.
(4) Both the defendant and the State shall have the right to submit briefs within the time provided by the court and to present oral arguments to the court.
(5) The court shall include in its decision a reference to those similar cases which it took into consideration. In addition to its authority regarding correction of errors, the court, with regard to review of death sentences, shall be authorized to:
(a) affirm the sentence of death; or
(b) set the sentence aside and remand the case for resentencing by the trial judge based on the record and argument of counsel. The records of those similar cases referred to by the Supreme Court of South Carolina in its decision, and the extracts prepared as hereinafter provided for, shall be provided to the resentencing judge for his consideration. If the court finds error prejudicial to the defendant in the sentencing proceeding conducted by the trial judge before the trial jury as outlined under subsection (D)(1), the court may set the sentence aside and remand the case for a resentencing proceeding to be conducted by the same or a different trial judge and by a new jury impaneled for such purpose. In the resentencing proceeding, the new jury, if the defendant does not waive the right of a trial jury for the resentencing proceeding, shall hear evidence in extenuation, mitigation or aggravation of the punishment in addition to any evidence admitted in the defendant's first trial relating to guilt for the particular crime for which the defendant has been found guilty.
(6) The sentence review shall be in addition to direct appeal, if taken, and the review and appeal shall be consolidated for consideration. The court shall render its decision on all legal errors, the factual substantiation of the verdict, and the validity of the sentence.
(G)(1) Whenever the solicitor seeks the death penalty pursuant to this section, he shall notify the defense attorney of his intention to seek such penalty at least thirty days prior to the trial of the case. At the request of the defense attorney, the defense attorney shall be excused from all other trial duties ten days prior to the term of court in which the trial is to be held.
(2)(a) Whenever any person is charged with first degree criminal sexual conduct with a minor who is less than eleven years and the death penalty is sought, the court, upon determining that such person is unable financially to retain adequate legal counsel, shall appoint two
(b) Notwithstanding any other provision of law, the court shall order payment of all fees and costs from funds available to the Office of Indigent Defense for the defense of indigent. Any attorney appointed shall be compensated at a rate not to exceed fifty dollars per hour for time expended out of court and seventy-five dollars per hour for time expended in court. Compensation shall not exceed twenty-five thousand dollars and shall be paid from funds available to the Office of Indigent Defense for the defense of indigent represented by court-appointed, private counsel.
(3)(a) Upon a finding in ex parte proceedings that investigative, expert, or other services are reasonably necessary for the representation of the defendant, whether in connection with issues relating to guilt or sentence, the court shall authorize the defendant's attorneys to obtain such services on behalf of the defendant and shall order the payment, from funds available to the Office of Indigent Defense, of fees and expenses not to exceed twenty thousand dollars as the court shall deem appropriate. Payment of such fees and expenses may be ordered in cases where the defendant is an indigent represented by either court-appointed, private counsel or the public defender.
(b) Court-appointed counsel seeking payment for fees and expenses shall request these payments from the Office of Indigent Defense within thirty days after the completion of the case. For the purposes of this statute, exhaustion of the funds shall occur if the funds administered by the Office of Indigent Defense and reserved for death penalty fees and expenses have been reduced to zero. If either the Death Penalty Trial Fund or the Conflict Fund has been exhausted in a month and the other fund contains money not scheduled to be disbursed in that month, then the Indigent Defense Commission must transfer a sufficient amount from the fund with the positive fund balance to the fund with no balance and pay the obligation to the extent possible.
(4) Payment in excess of the hourly rates and limit in subsection (2) or (3) is authorized only if the court certifies, in a written order with
(5) After completion of the trial, the court shall conduct a hearing to review and validate the fees, costs, and other expenditures on behalf of the defendant.
(6) The Supreme Court shall promulgate guidelines on the expertise and qualifications necessary for attorneys to be certified as competent to handle death penalty cases brought pursuant to this section.
(7) The Office of Indigent Defense shall maintain a list of death penalty qualified attorneys who have applied for and received certification by the Supreme Court as provided for herein. In the event the court appointed counsel notifies the chief administrative judge in writing that he or she does not wish to provide representation in a death penalty case, the chief administrative judge shall advise the Office of Indigent Defense which shall forward a name or names to the chief administrative judge for consideration. The appointment power is vested in the chief administrative judge. The Office of Indigent Defense shall establish guidelines as are necessary to ensure that attorneys' names are presented to the judges on a fair and equitable basis, taking into account geography and previous assignments from the list. Efforts shall be made to present an attorney from the area or region where the action is initiated.
(8) The payment schedule set forth herein, as amended by Act 164 of 1993, shall apply to any case for which trial occurs on or after July 1, 1993.
(9) Notwithstanding another provision of law, only attorneys who are licensed to practice in this State and residents of this State may be appointed by the Court and compensated with funds appropriated to the Death Penalty Trial Fund in the Office of Indigent Defense. This proviso shall not pertain to any case in which counsel has been appointed on the effective date of this act.
(10) The Judicial Department biennially shall develop and make available to the public a list of standard fees and expenses associated with the defense of an indigent person in a death penalty case.
(H) Notwithstanding any other provision of law, in any trial pursuant to this section where the maximum penalty is death or in a separate sentencing proceeding following such trial, the defendant and his counsel shall have the right to make the last argument. "
SECTION 4. Section 23-3-460 of the 1976 Code is amended to read:
"Section 23-3-460. (A) A person required to register under pursuant to this article is required to register bi-annually for life. For purposes of this article, 'bi-annually' means each year within thirty days after the anniversary date of the offender's last registration during the month of his birthday and again during the sixth month following his birth month. The offender person required to register shall register and must re-register at the sheriff's department in each county where he resides, owns real property, or attends any public or private school, including, but not limited to, a secondary school, adult education school, college or university, and any vocational, technical, or occupational school. A person determined by a court to be a sexually violent predator pursuant to state law is required to verify registration and be photographed every ninety days by the sheriff's department in the county in which he resides unless the person is committed to the custody of the State, whereby and verification shall will be held in abeyance until his release.
(B) If a person required to register under pursuant to this article changes his address within the same county, that person must send written notice of the change of address to the sheriff within ten days of establishing the new residence. If a person required to register under this article owns or acquires real property within a county in this State, or attends any public or private school, including, but not limited to, a secondary school, adult education school, college or university, and any vocational, technical, or occupational school, he must register with the sheriff in each county where the real property or the public or private school is located within ten days of acquiring the real property or attending the public or private school.
(C) If a person required to register under pursuant to this article changes his address into another county in South Carolina, the person must register with the county sheriff in the new county within ten days of establishing the new residence. The person must also provide written notice within ten days of the change of address in the previous county to the sheriff with whom the person last registered.
(D) A person required to register under pursuant to this article and who is employed by, attends, is enrolled at, or carries on a vocation at
(E) If a person required to register under pursuant to this article moves outside of South Carolina, the person must provide written notice within ten days of the change of address to a new state to the county sheriff with whom the person last registered.
(F) A person required to register under pursuant to this article who moves to South Carolina from another state, establishes residence, acquires real property, attends or is enrolled at, or is employed by or carries on a vocation at any a public or private school, including, but not limited to, a kindergarten, elementary school, middle school or junior high, high school, secondary school, adult education school, college or university, and any a vocational, technical, or occupational school in South Carolina, and is not under the jurisdiction of the Department of Corrections, the Department of Probation, Parole and Pardon Services, the Department of Juvenile Justice, or the Juvenile Parole Board at the time of moving to South Carolina must register within ten days of establishing residence, acquiring real property, attending or enrolling at, or being employed by or carrying on a vocation at any a public or private school in this State.
(G) The sheriff of the county in which the person resides must forward all changes to any information provided by a person required to register under pursuant to this article to SLED within five business days.
(H) A sheriff who receives registration information, notification of change of address, or notification of change in attendance, enrollment,
(I) The South Carolina Department of Motor Vehicles, shall inform, in writing, any new resident who applies for a driver's license, chauffeur's license, vehicle tag, or state identification card of the obligation of sex offenders to register. The department also shall inform, in writing, a person renewing a driver's license, chauffeur's license, vehicle tag, or state identification card of the requirement for sex offenders to register."
SECTION 5. Section 23-3-530 of the 1976 Code is amended to read:
"Section 23-3-530. The State Law Enforcement Division shall develop and maintain a protocol manual to be used by contributing agencies in the administration of the sex offender registry. The protocol manual must include, but is not limited to, the following:
(1) procedures for the verification of addresses by the sheriff's department in the county where the person resides; and
(2) specific requirements for registration and re-registration including, but not limited to, the following:
(a) the name, social security number, age, race, sex, date of birth, height, weight, hair and eye color, address of permanent residence, address of current temporary residence, within the State or out of state, including rural route address and post office box, which may not be provided instead of a physical residential address, date and place of employment, vehicle make, model, color, and license tag number, fingerprints, and photograph;
(b) the name, address, and county of each institution of higher learning, including the specific campus location, if the person is enrolled, employed, or carries on a vocation there;
(c) the vehicle identification number, license tag number, registration number, and a description, including the color scheme, if the person lives in a motor vehicle, trailer, mobile home, or manufactured home; and
(d) the hull identification number, the manufacturer's serial number, the name of the vessel, live-aboard vessel, or houseboat, the registration number, and a description of the color scheme, if the person lives in a vessel, live-aboard vessel, or houseboat."
SECTION 6. Section 23-3-540 of the 1976 Code is amended to read:
"Section 23-3-540. (A) Prior to an offender's release after completion of a term of imprisonment, being placed on parole, being placed under community supervision, being placed under a community supervision program, or when an offender is sentenced to probation, the Department of Probation, Parole and Pardon Services shall place the offender under a system of active electronic monitoring that identifies the location of the offender and that can produce, upon request, reports or records of the offender's presence near or within a crime scene or prohibited area or the offender's departure from a specified geographic location Upon conviction, adjudication of delinquency, guilty plea, or plea of nolo contendere of a person for committing criminal sexual conduct with a minor in the first degree, pursuant to Section 16-3-655(A)(1), or committing or attempting a lewd act upon a child under sixteen, pursuant to Section 16-15-140, the court must order that the person, upon release from incarceration, confinement, commitment, institutionalization, or when placed under the supervision of the Department of Probation, Parole and Pardon Services shall be monitored by the Department of Probation, Parole and Pardon Services with an active electronic monitoring device.
(B) Upon conviction, adjudication of delinquency, guilty plea, or plea of nolo contendere of a person for any other offense listed in subsection (G), the court may order that the person upon release from incarceration, confinement, commitment, institutionalization, or when placed under the supervision of the Department of Probation, Parole and Pardon Services shall be monitored by the Department of Probation, Parole and Pardon Services with an active electronic monitoring device.
(B)(C) An offender A person who is required to register pursuant to this article for committing criminal sexual conduct with a minor in the first degree, pursuant to Section 16-3-655(A)(1), or committing or attempting a lewd act upon a child under sixteen, pursuant to Section 16-15-140, and who violates a term of probation, parole, community supervision, or a community supervision program must be ordered by the court or agency with jurisdiction to be placed monitored by the Department of Probation, Parole and Pardon Services under a system of
(D) A person who is required to register pursuant to this article for any other offense listed in subsection (G), and who violates a term of probation, parole, community supervision, or a community supervision program, may be ordered by the court or agency with jurisdiction to be monitored by the Department of Probation, Parole and Pardon Services with an active electronic monitoring device.
(E) A person who is required to register pursuant to this article for committing criminal sexual conduct with a minor in the first degree, pursuant to Section 16-3-655(A)(1), or committing or attempting a lewd act upon a child under sixteen, pursuant to Section 16-15-140, and who violates a provision of this article, must be ordered by the court to be monitored by the Department of Probation, Parole and Pardon Services with an active electronic monitoring device.
(F) A person who is required to register pursuant to this article for any other offense listed in subsection (G), and who violates a provision of this article, may be ordered by the court to be monitored by the Department of Probation, Parole and Pardon Services with an active electronic monitoring device.
(C)(G) This section applies to an offender a person who has been:
(1) convicted of, pled guilty or nolo contendere to, or been adjudicated delinquent for any of the following offenses:
(a) criminal sexual conduct with minors, a minor in the first degree (Section 16-3-655(1)(A));
(b) criminal sexual conduct with minors, a minor in the second degree (Section 16-3-655(B)). If evidence is presented at the criminal proceeding and the court makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct, as contained in Section 16-3-655(3)(B), provided the offender is eighteen years of age or less, or consensual sexual conduct between persons under sixteen years of age, then the convicted person is not an offender and is not required to register be electronically monitored pursuant to the provisions of this article section;
(c) engaging a child for sexual performance (Section 16-3-810);
(d) producing, directing, or promoting sexual performance by a child (Section 16-3-820);
(e) criminal sexual conduct: assaults with intent to commit (Section 16-3-656) involving a minor;
(f) committing or attempting lewd act upon child under sixteen (Section 16-15-140);
(g) violations of Article 3, Chapter 15 of Title 16 involving a minor;
(h) kidnapping (Section 16-3-910) of a person under eighteen years of age except when the offense is committed by a parent;
(i) criminal solicitation of a minor if the purpose or intent of the solicitation or attempted solicitation was to:
(i) persuade, induce, entice, or coerce the person solicited to engage or participate in sexual activity as defined in Section 16-15-375(5);
(ii) perform a sexual activity in the presence of the person solicited (Section 16-15-342); or
(2) ordered as a condition of sentencing to be included in the sex offender registry pursuant to Section 23-3-430(D) for an offense involving a minor.
(D)(H) The offender person shall remain under the system of be monitored by the Department of Probation, Parole and Pardon Services with an active electronic monitoring device for the duration of the time the offender person is required to remain on the sex offender registry pursuant to the provisions of this article, unless the offender person is committed to the custody of the State. Ten years from the date the person begins to be electronically monitored, the person may petition the chief administrative judge of the general sessions court for the county in which the person was ordered to be electronically monitored for an order to be released from the electronic monitoring requirements of this section. The person shall serve a copy of the petition upon the solicitor of the circuit and the Department of Probation, Parole and Pardon Services. The court must hold a hearing before ordering the person to be released from the electronic monitoring requirements of this section, unless the court denies the petition because the person is not eligible for release or based on other procedural grounds. The solicitor of the circuit, the Department of Probation, Parole and Pardon Services, and any victims, as defined in Article 15, Chapter 3, Title 16, must be notified of any hearing pursuant to this subsection and must be given an opportunity to testify or submit affidavits in response to the petition. If the court finds that there is clear and convincing evidence that the person has complied with the terms and conditions of the electronic monitoring and that there is no longer a need to
(E)(I) The offender person shall follow instructions provided by the Department of Probation, Parole and Pardon Services to maintain the active electronic monitoring device in working order. Incidental damage or defacement of the active electronic monitoring device must be reported to the Department of Probation, Parole and Pardon Services within two hours. An offender A person who fails to comply with the reporting requirement of this subsection is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years.
(F)(J) The offender person shall abide by any other terms and conditions set forth by the Department of Probation, Parole and Pardon Services with regard to the active electronic monitoring device and electronic monitoring program.
(G)(K) The offender person must be charged a fee in accordance with Section 24-21-85 for the cost of the active electronic monitoring device and the operation of the active electronic monitoring device for the duration of the time the person is required to be electronically monitored. The Department of Probation, Parole and Pardon Services may exempt a person from the payment of a part or all of the cost during a part or all of the duration of the time the person is required to be electronically monitored, if the Department of Probation, Parole and Pardon Services determines that exceptional circumstances exist such that these payments cause a severe hardship to the person. The payment of the cost must be a condition of supervision of the person and a delinquency of two months or more in making payments may operate as a violation of a term or condition of the electronic monitoring. All fees generated by this subsection must be retained by the Department of Probation, Parole and Pardon Services, carried forward, and applied to support the active electronic monitoring of sex offenders.
(H)(L) A person who intentionally removes, tampers with, defaces, alters, damages, or destroys an active electronic monitoring device is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years. This subsection does not apply to a person or agent authorized by the Department of Probation, Parole and Pardon Services to perform maintenance and repairs to the active electronic monitoring devices.
(M)(1) In addition to other penalties provided in this section, if the Department of Probation, Parole and Pardon Services determines that a person has violated a term or condition of electronic monitoring, a probation agent must initiate a proceeding in circuit court. The proceeding must be initiated pursuant to a warrant or a citation issued by a probation agent setting forth the person's violations. The court shall determine if the:
(a) the terms and conditions of the electronic monitoring set forth by the Department of Probation, Parole and Pardon Services are fair and reasonable;
(b) the person has complied with the terms and conditions of electronic monitoring;
(c) the person should continue under electronic monitoring under the current terms and conditions;
(d) the person should continue under electronic monitoring under other terms and conditions as the court considers appropriate; and
(e) person has wilfully violated a term or condition of electronic monitoring.
(2) If the court determines that a person has wilfully violated a term or condition of electronic monitoring, then the court may impose other terms and conditions considered appropriate and may continue the person on electronic monitoring, or the court may revoke the electronic monitoring and impose a sentence of up to ten years for the violation. A person who is incarcerated for a revocation is eligible to earn work credits, education credits, good conduct credits, and other credits which would reduce the sentence for the violation to the same extent he would have been eligible to earn credits on a sentence of incarceration for the underlying conviction. A person who is incarcerated for a revocation pursuant to the provisions of this subsection is not eligible for parole.
(3) If a person's electronic monitoring is revoked by the court and the court imposes a period of incarceration for the revocation, then
(4) A person may be sentenced for successive revocations, with each revocation subject to a ten-year sentence. The maximum aggregate amount of time the person may be required to serve when sentenced for successive revocations may not exceed the period of time the person is required to remain on the sex offender registry.
(N) The Department of Corrections shall notify the Department of Probation, Parole and Pardon Services of the projected release date of an inmate serving a sentence, as described in this section, at least one hundred eighty days in advance of the person's release from incarceration. For a person sentenced to one hundred eighty days or less, the Department of Corrections shall immediately notify the Department of Probation, Parole and Pardon Services.
(O) Victims, as defined in Article 15, Chapter 3, Title 16, and the sheriff's office in the county where the person is to be released must be notified by the Department of Probation, Parole and Pardon Services when an inmate serving a sentence as described in this section is released on electronic monitoring.
(P) As used in this section, 'active electronic monitoring device' means a mechanism utilized by the Department of Probation, Parole and Pardon Services in conjunction with a system that actively monitors and identifies a person's location and that timely reports or records the person's presence near or within a crime scene or prohibited area or the person's departure from a specified geographic location."
SECTION 7. Section 23-3-550 of the 1976 Code is amended to read:
"Section 23-3-550. (A) A person who has reason to believe that a person required to register pursuant to the provisions of this article is not complying or has not complied with the requirements of this article, with the intent to assist or harbor the person required to register in eluding a law enforcement agency, is guilty of the offense of assisting or harboring an unregistered sex offender, if the person:
(1) withholds information from or does not notify the law enforcement agency of the noncompliance of the provisions of this article by the person required to register, and, if known, the location of this person;
(2) harbors, attempts to harbor, or assists another person in harboring or attempting to harbor the person required to register;
(3) conceals, attempts to conceal, or assists another in concealing or attempting to conceal the person required to register; or
(4) provides information known to be false to a law enforcement agency regarding the person required to register.
(B) A person who knowingly and wilfully protects, harbors, or conceals an offender who the person knows is not in compliance with the requirements of this article, violates the provisions of subsection (A) is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years."
SECTION 8. Chapter 23, Title 17 of the 1976 Code is amended by adding:
"Section 17-23-175. (A) Unless otherwise admissible, an out-of court statement made to a third party by a child victim or child witness is admissible in a general sessions court proceeding or a delinquency proceeding in family court if:
(1) the child testifies at the proceeding; and
(2) the court finds, in a hearing conducted outside the presence of the jury, that the time, content, and circumstances of the statement provide sufficient guarantees of trustworthiness.
(B) For purposes of this section, a 'child victim' or 'child witness' is a person who:
(1) is under the age of twelve at the time of the making of the statement or who functions cognitively, adaptively, or developmentally under the age of twelve at the time of the making of the statement; and
(2) is the child victim of or child witness to the following offenses:
(a) criminal sexual conduct in the first degree as defined in Section 16-3-652;
(b) criminal sexual conduct in the second degree as defined in Section 16-3-653;
(c) criminal sexual conduct in the third degree as defined in Section 16-3-654;
(d) criminal sexual conduct with minors as defined in Section 16-3-655;
(e) assault with intent to commit criminal sexual conduct as defined in Section 16-3-656;
(f) kidnapping or conspiracy to kidnap as defined in Sections 16-3-910 and 16-3-920;
(g) committing or attempting a lewd act upon a child as defined in Section 16-15-140;
(h) knowingly disseminating obscene material to a minor twelve years of age or younger as defined in Section 16-15-355;
(i) first degree sexual exploitation of a minor as defined in Section 16-15-395;
(j) second degree sexual exploitation of a minor as defined in Section 16-15-405;
(k) third degree sexual exploitation of a minor as defined in Section 16-15-410;
(l) promoting prostitution of a minor as defined in Section 16-15-415;
(m) participating in the prostitution of a minor as defined in Section 16-15-425;
(n) contributing to the delinquency of a minor as defined in Section 16-17-490;
(o) homicide by child abuse as defined in Section 16-3-85;
(p) infliction or allowing infliction of great bodily injury upon a child as defined in Section 16-3-95;
(q) physical harm or injury as defined in Sections 16-25-20 or 16-25-40;
(r) criminal domestic violence of a high and aggravated nature as defined in Section 16-25-65;
(s) unlawful conduct toward a child as defined in Section 20-7-50;
(t) cruelty to children as defined in Section 20-7-70; or
(u) the common law offense of assault and battery of a high and aggravated nature.
(C) In determining whether a statement possesses sufficient guarantees of trustworthiness under item (A)(2), the court may consider, but is not limited to, the following factors:
(1) the child's personal knowledge of the event;
(2) the age and maturity of the child;
(3) the certainty that the statement was made, including the credibility of the person testifying about the statement;
(4) any apparent motive the child may have to falsify or distort the event, including bias, corruption, or coercion;
(5) whether more than one person heard the statement;
(6) whether the child was suffering pain or distress when making the statement;
(7) the nature and duration of any alleged abuse;
(8) whether the child's young age makes it unlikely that the child fabricated a statement that represents a graphic, detailed account beyond the child's knowledge and experience;
(9) whether the statement has a ring of verity, has internal consistency or coherence, and uses terminology appropriate to the child's age;
(10) whether extrinsic evidence exists to show the defendant's opportunity to commit the act complained of in the child's statement;
(11) whether there is pending litigation between the parents of the child; and
(12) any inculpatory statement of the defendant that corroborates the child's statement.
(D)(1) The proponent of the statement must inform the adverse party of the proponent's intention to offer the statement at least thirty days prior to the proceeding at which it is to be offered. If a statement is made or discovered within thirty days of the proceeding, the proponent must inform the adverse party of the proponent's intention to offer the statement within forty-eight hours of when the proponent knows of the existence of the statement.
(2) The contents of a statement offered under this section are subject to discovery pursuant to Rule 5 of the Rules of Criminal Procedure.
(3) If the declarant is twelve years of age or older, the adverse party may challenge the decision that the child functions cognitively, adaptively, or developmentally under the age of twelve."
SECTION 9. Section 17-25-45(F) of the 1976 Code, as amended, is further amended to read:
"(F) For the purpose of determining a prior or previous conviction under this section only and section 17-25-50, a prior or previous conviction shall mean the defendant has been convicted of a most serious or serious offense, as may be applicable, on a separate occasion, prior to the instant adjudication. There is no requirement that the sentence for the prior or previous conviction must have been served or completed before a sentence of life without parole can be imposed under this section."
SECTION 10. 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,
SECTION 11. 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 12. It is the intent of the General Assembly that one of the purposes of this act is to provide for the death penalty for a subsequent offense of first degree criminal sexual conduct with a minor who is less than eleven years of age and that this act does not alter or amend and is separate and distinct from the provisions of Section 16-3-20, providing for the imposition of the death penalty for murder.
SECTION 13. This act takes effect on July 1, 2006. /
Renumber sections to conform.
Amend title to conform.
Senator KNOTTS explained the amendment.
At 5:16 P.M., Senator THOMAS assumed the Chair.
Senator LEVENTIS spoke on the amendment.
At 5:23 P.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was present.
The Senate resumed.
Senator LEVENTIS resumed speaking on the amendment.
At 5:38 P.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator LEVENTIS 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 McConnell Mescher O'Dell Patterson Peeler Pinckney Rankin Reese Richardson Ritchie Ryberg Scott Setzler Sheheen Short Thomas Verdin Williams
A quorum being present, the Senate resumed.
Senator LEVENTIS resumed arguing contra to the adoption of the amendment.
At 6:01 P.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was present.
The Senate resumed.
Senator LEVENTIS argued contra to the adoption of the amendment.
At 6:18 P.M., Senator KNOTTS moved under the provisions of Rule 15A to set a time certain of 6:33 P.M. to vote on the entire matter of S. 1267.
Senator LEVENTIS resumed arguing contra to the adoption of the amendment.
The time had arrived to vote on the motion under Rule 15A.
At 6:33 P.M., the "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryant Campsen Cleary Courson Cromer Fair Gregory Grooms Hawkins Hayes Knotts Leatherman Martin McConnell Mescher O'Dell Peeler Richardson Ritchie Ryberg Scott Thomas Verdin
Anderson Drummond Elliott Ford Hutto Jackson Land Leventis Malloy Patterson Pinckney Reese Sheheen Williams
Having received the necessary vote, the motion under Rule 15A was adopted.
The question then was the adoption of the amendment.
The amendment was adopted.
Senators LEVENTIS and FORD desired to be recorded as voting against the adoption of the amendment.
The Bill was ordered returned to the House of Representatives with amendments.
H. 4449 (Word version) -- Reps. Cotty, Harrell, Merrill, Walker, Ballentine, Limehouse, E.H. Pitts, Haley, Clark, Townsend, Altman, Anthony, Bailey, Bingham, Bowers, Cato, Ceips, Chellis, Clyburn, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Hagood, Harrison, Haskins, Herbkersman, Hinson, Leach, Littlejohn, Loftis, Mahaffey, Martin, Phillips, Pinson, M.A. Pitts, Rhoad, Sandifer, Scarborough, F.N. Smith, G.M. Smith, J.R. Smith, Thompson, Toole, Tripp, Umphlett, Vaughn, White, Whitmire, Young, Bales, Lucas, Kirsh, Huggins, Brady, Hamilton, McGee and Stewart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-36-1110, 12-36-1120, AND 12-36-1130 SO AS TO IMPOSE AN ADDITIONAL TWO PERCENT SALES AND USE TAX; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE SALE OF UNPREPARED FOOD; TO ADD SECTION 11-11-155 SO AS TO CREATE THE HOMESTEAD EXEMPTION FUND AND RESERVE FUND; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE AN ADDITIONAL EXEMPTION EQUAL TO ONE HUNDRED PERCENT OF THE FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY FROM THE PROPERTY TAX, AND TO PROVIDE THAT THIS EXEMPTION WITH CERTAIN EXCEPTIONS DOES NOT APPLY WITH RESPECT TO PROPERTY TAX IMPOSED FOR PAYMENT OF GENERAL OBLIGATION DEBT; TO ADD SECTION 12-37-932 SO AS TO PROVIDE THAT THE FAIR MARKET VALUE OF REAL PROPERTY FOR PURPOSES OF THE PROPERTY TAX IS ITS FAIR MARKET VALUE AS APPRAISED IN THE MANNER PROVIDED BY LAW WHEN OWNERSHIP OF THE REAL PROPERTY LAST WAS TRANSFERRED, INCREASED BY THE FAIR MARKET VALUE OF IMPROVEMENTS MADE TO THE REAL PROPERTY SINCE OWNERSHIP OF THE REAL PROPERTY LAST WAS TRANSFERRED, TO PROVIDE THAT ON THE FIRST DAY OF JANUARY IMMEDIATELY FOLLOWING THE EFFECTIVE DATE OF THIS PROVISION THE DUTIES, POWERS, AND FUNCTIONS OF LOCAL COUNTY PROPERTY TAX ASSESSORS ARE TRANSFERRED TO AND DEVOLVED UPON THE PROPERTY TAX DIVISION OF THE STATE DEPARTMENT OF REVENUE, TO PROVIDE THAT THE SALES
On motion of Senator LEATHERMAN, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator RITCHIE spoke on the report.
Senator RITCHIE requested that Free Conference Powers be granted.
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 Rankin Reese Richardson Ritchie Ryberg Scott Setzler Sheheen Short Thomas Verdin Williams
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
Whereupon, Senators LEATHERMAN, SHORT and RITCHIE were appointed to the Committee of Free 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. 229 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-655 SO AS TO CREATE THE OFFENSE OF ENGAGING IN A HOG-DOG FIGHTING EVENT OR A HOG-DOG RODEO, TO DEFINE THE TERMS "HOG-DOG FIGHTING EVENT" AND "HOG-DOG RODEO", AND TO PROVIDE A PENALTY FOR A VIOLATION.
The House returned the Bill with amendments.
Senator HUTTO proposed the following amendment (JUD0229.004), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 16-27-50 of the 1976 Code is amended to read:
"Section 16-27-50. Whenever an indictment is returned charging a violation of any provision of this chapter, or if an indictment is waived, the court shall order the animal or animals involved seized and held until final disposition of the charges and shall provide for the appropriate and humane care or disposition of the animal or animals. The provisions of this section may not be construed as a limitation on the authority under law to seize any animal as evidence at the time of the arrest. If any animal seized pursuant to the provision of this section or otherwise seized in accordance with law is unable to survive humanely the final disposition of the charges, in the opinion of the court, the court may order the termination of the animal's life. Upon the conviction of the person charged, or upon a plea of guilty or of nolo contendere, any animal involved, whose life has not been terminated, becomes the property of the State and the court shall order a humane disposition of the animal.
(A) The provisions of Section 47-1-150 apply to this chapter.
(B) For purposes of a hearing to determine whether the owner is able to provide adequately for the animal and is fit to have custody of the animal, any animal found to be owned, trained, possessed, purchased, sold, transported, or bred in violation of this chapter must be considered cruelly treated and the owner must be deemed unfit."
SECTION 2. Chapter 27, Title 16 of the 1976 Code is amended by adding:
"Section 16-27-55. (A) A person who violates a provision of this chapter is subject to forfeiture of:
(1) property, both real and personal, which is knowingly used to engage in a violation or to further a violation of this chapter; and
(2) monies, negotiable instruments, securities, or other things of value furnished or intended to be furnished by a person to engage in or further a violation of this chapter.
(B) Property subject to forfeiture pursuant to the provisions of this chapter may be seized by the appropriate law enforcement
agency with a warrant properly issued by a court with jurisdiction over the property. Property may be seized without a warrant if the:
(1) seizure is incident to an arrest or a search with a search warrant or an inspection under an administrative inspection warrant;
(2) property subject to seizure was the subject of a prior judgment in favor of the State in a criminal injunction or forfeiture proceeding pursuant to the provisions of this chapter;
(3) law enforcement agency has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or
(4) law enforcement agency has probable cause to believe that the property was used or is intended to be used in violation of the provisions of this chapter.
(C) Forfeiture proceedings instituted pursuant to the provisions of this section are subject to the procedures and requirements for forfeiture as set out in Section 44-53-530.
(D) Property taken or detained pursuant to the provisions of this section is not subject to replevin but is considered to be in the custody of the law enforcement agency making the seizure subject only to an order of the court having jurisdiction over the forfeiture proceedings.
(E) For purposes of this section, when the seizure of property subject to forfeiture is accomplished as a result of a joint effort by more than one law enforcement agency, the law enforcement agency initiating the investigation is considered to be the agency making the seizure.
(F) A law enforcement agency seizing property pursuant to the provisions of this section shall take reasonable steps to maintain the property. Equipment and conveyances seized must be removed to an appropriate place for storage. Monies seized must be deposited in an interest bearing account pending final disposition by the court unless the seizing agency determines the monies to be of an evidential nature and provides for appropriate security in another manner.
(G) When property, monies, negotiable instruments, securities, or other things of value are seized pursuant to the provisions of subsection (A), the law enforcement agency making the seizure, within ten days or a reasonable period of time after the seizure, shall submit a report to the appropriate prosecuting agency.
(1) The report must include the following information:
(a) a description of the property seized;
(b) the circumstances of the seizure;
(c) the present custodian and where the property is being stored or its location;
(d) the name of the owner of the property;
(e) the name of any lienholders of the property; and
(f) the seizing agency.
(2) If the property is a conveyance, the report must include the:
(a) make, model, serial number, and year of the conveyance;
(b) person in whose name the conveyance is registered; and
(c) name of any lienholders.
(3) In addition to the report provided for in items (1) and (2) of this subsection, the appropriate law enforcement agency shall prepare for dissemination to the public, upon request, a report providing the following information:
(a) a description of the quantity and nature of the property and money seized;
(b) the seizing agency;
(c) the make, model, and year of a conveyance; and
(d) the law enforcement agency responsible for the property or conveyance seized.
(H) Property or conveyances seized by a law enforcement agency may not be used by officers or employees of the agency for personal purposes.
(I)(1) An innocent owner or a manager or owner of a licensed rental agency or a common carrier or carrier of goods for hire may apply to the court of common pleas for the return of an item seized pursuant to the provisions of this chapter. Notice of hearing or rule to show cause
(2) The court may return a seized item to the owner if the owner demonstrates to the court by a preponderance of the evidence:
(a) in the case of an innocent owner, that the person or entity was not a consenting party to, or privy to, or did not have knowledge of, the use of the property which made it subject to seizure and forfeiture; or
(b) in the case of a manager or an owner of a licensed rental agency, a common carrier, or a carrier of goods for hire, that an agent, servant, or employee of the rental agency or of the common carrier or carrier of goods for hire was not a party to, or privy to, or did not have knowledge of, the use of the property which made it subject to seizure and forfeiture.
(3) If the licensed rental agency demonstrates to the court that it has rented the seized property in the ordinary course of its business and that the tenant or tenants were not related within the third degree of kinship to the manager or owner, or any agents, servants, or employees of the rental agency, then it is presumed that the licensed rental agency was not a party to, or privy to, or did not have knowledge of, the use of the property which made it subject to seizure and forfeiture.
(4) The lien of an innocent person or other legal entity, recorded in public records, continues in force upon transfer of title of a forfeited item, and a transfer of title is subject to the lien, if the lienholder demonstrates to the court by a preponderance of the evidence that he was not a consenting party to, or privy to, or did not have knowledge of, the involvement of the property which made it subject to seizure and forfeiture."
SECTION 3. Section 16-27-80 of the 1976 Code is amended to read:
"Section 16-27-80. (A) This chapter shall not apply to dogs used for the purpose of hunting or for dogs used in field trials in more commonly known as 'water races', 'Treeing Contests', 'Coon on a log', 'Bear Baying', or 'Fox pen trials'. Such 'Fox pen trials' must be approved by permit for field trials by the South Carolina Department of Natural Resources.
(B) This chapter shall apply to events more commonly known as 'hog-dog fights', 'hog-dog rodeos', or 'hog-dogging' in which bets are placed, or cash, points, titles, trophies, or other awards are given based
SECTION 4. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 5. If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 6. This act takes effect 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 ordered returned to the House with amendments.
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,
The House returned the Bill with amendments.
On motion of Senator LEATHERMAN, 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. 1287 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 56-23-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVER INSTRUCTOR PERMITS, SO AS TO
The House returned the Bill with amendments.
On motion of Senator VERDIN, 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. 766 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 58-23-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSPORTATION OF PERSONS OR PROPERTY FOR COMPENSATION ON ANY IMPROVED PUBLIC HIGHWAY OF THIS STATE, SO AS TO PROHIBIT ANY MOTOR VEHICLE CARRIER FROM ADVERTISING OR HOLDING HIMSELF OUT AS AN OPERATOR FOR THE TRANSPORTATION OF PERSONS OR PROPERTY WITHOUT FIRST HAVING OBTAINED A CERTIFICATE FROM THE OFFICE OF REGULATORY STAFF; TO AMEND SECTION 58-23-80, RELATING TO PENALTIES FOR VIOLATING THE PROVISIONS CONTAINED IN ARTICLES 1 THROUGH 12 OF CHAPTER 23 IN TITLE 58, SO AS TO PROVIDE THAT ANY PERSON VIOLATING THOSE PROVISIONS MAY BE IMPRISONED FOR A TERM NOT TO EXCEED THIRTY DAYS; AND TO AMEND SECTION 58-23-590, RELATING TO THE REGULATION OF HOUSEHOLD GOODS AND HAZARDOUS WASTE CARRIERS, SO AS TO PROVIDE THAT A CARRIER OPERATING IN VIOLATION OF THE PROVISIONS CONTAINED IN ARTICLES 1 THROUGH 12 OF CHAPTER 23 IN TITLE 58 MAY BE IMPRISONED FOR A TERM NOT TO EXCEED THIRTY DAYS.
The House returned the Bill with amendments.
On motion of Senator VERDIN, 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. 103 (Word version) -- Senators Hayes and Elliott: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO ENACT THE "SOUTH CAROLINA DIETETICS LICENSURE ACT" SO AS TO ESTABLISH THE SOUTH CAROLINA BOARD OF DIETETICS AND TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO PROVIDE FOR THE LICENSURE AND REGULATION OF PERSONS ENGAGING IN THE PRACTICE OF DIETETICS OR NUTRITION, INCLUDING ESTABLISHING CRITERIA FOR LICENSURE AND LICENSE RENEWAL; TO ESTABLISH THE SCOPE OF PRACTICE FOR DIETITIANS; AND TO PROVIDE GROUNDS FOR MISCONDUCT AND PENALTIES FOR MISCONDUCT, INCLUDING CRIMINAL PENALTIES.
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.
Senator FAIR desired to be recorded as voting against the motion to concur.
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.
The House returned the Bill with amendments.
Senator THOMAS explained the House amendment.
On motion of Senator THOMAS, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
H. 3882 (Word version) -- Reps. Harrell and Clark: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ALLOW YEAR OF MANUFACTURE LICENSE PLATES TO SERVE AS THE OFFICIAL LICENSE PLATES FOR CERTAIN MOTOR VEHICLES.
The House returned the Bill with amendments.
On motion of Senator FAIR, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
Having received a favorable report from the Horry County Delegation, the following appointments were confirmed in open session:
Reappointment, Horry County Board of Voter Registration, with term to commence March 15, 2006, and to expire March 15, 2010
At-Large:
Maurice Dewayne Jones, 4525 Canal Street, Loris, S.C. 29569
Reappointment, Horry County Board of Voter Registration, with term to commence March 15, 2006, and to expire March 15, 2008
At-Large:
J. Conrad Hetzer, 305 Ocean View Drive, Myrtle Beach, S.C. 29572
Reappointment, Horry County Board of Voter Registration, with term to commence March 15, 2006, and to expire March 15, 2008
At-Large:
James Michael Frazier, 731 Bucksport Rd., Conway, S.C. 29527
Reappointment, Horry County Board of Voter Registration, with term to commence March 15, 2006, and to expire March 15, 2008
At-Large:
Deborah A. Vrooman, 902 Hart Street, Conway, S.C. 29526
Reappointment, Horry County Board of Voter Registration, with term to commence March 15, 2006, and to expire March 15, 2008
At-Large:
Geneva S. Phillips, 8373 Ole Moore Dr., Conway, S.C. 29527
Reappointment, Myrtle Beach Air Force Base Redevelopment Authority, with term to commence July 1, 2006, and to expire June 30, 2010
Horry County Council:
Robert H. Reed, 715 Antigua Drive, Myrtle Beach, S.C. 29572
Having received a favorable report from the Beaufort County Delegation, the following appointments were confirmed in open session:
Reappointment, Beaufort County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010
Terry A. Finger, 25 McIntosh Rd., Hilton Head, S.C. 29926
Reappointment, Beaufort County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010
Darlene R. Smith, 56 Blacksmith Circle, Beaufort, S.C. 29903
Having received a favorable report from the Allendale County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Allendale County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010
Richard Brunson, 1278 Terry Road, Fairfax, S.C. 29827
On motion of Senator LEVENTIS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Louie M. Phipps. Mr. Phipps was the beloved husband of Romaine Phipps, father of Mrs. Joan Hubbard and grandfather of Ms. Kimberly Hubbard (page/intern in the Office of Senator Phil P. Leventis) of Sumter. He attended Bible Fellowship Church and was retired from Caterpillar Company in York, Pennsylvania. Mr. Phipps will be deeply missed by the members of his family, his many friends and the countless people whose lives he touched over the years.
At 7:41 P.M., on motion of Senator PEELER, the Senate adjourned to meet tomorrow at 10:00 A.M.
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