Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 44:26: "Rise up, come to our help. Redeem us for the sake of your steadfast love."
Let us pray. Holy God, help us to live each day in You, because of Your love for us. Give to each the desire to prove adequate that those we represent and serve may reap the results of our duties and service. Keep each in Your protection and good health. Bless our Nation, President, State, Governor, Speaker and all who serve in government and private enterprise. Protect our defenders of freedom at home and abroad as they protect us. In the name of our Lord. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. MERRILL moved that when the House adjourns, it adjourn in memory of Milton Farley of Hanahan, which was agreed to.
The following was received:
Columbia, S.C., May 15, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 36, H. 3509 by a vote of 38 to 1:
(R36) H. 3509 (Word version) -- Reps. Mitchell, Whipper, Parks, Haley, Hodges, J. H. Neal, Bedingfield, F. N. Smith, Gullick, Pinson, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowen, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Funderburk, Gambrell, Govan, Hagood, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Moss, Neilson, Ott, Owens, Perry, Phillips, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Vick, Viers, Walker, Williams, Witherspoon, Young, Bowers, J. M. Neal, Loftis, Simrill, White, Mulvaney, Whitmire, Frye and Weeks: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 TO TITLE 31 TO ENACT THE "WILLIAM C. MESCHER LOCAL HOUSING TRUST FUND ENABLING ACT", TO MAKE CERTAIN FINDINGS BY THE GENERAL ASSEMBLY, TO DEFINE CERTAIN TERMS, AND TO ALLOW A LOCAL GOVERNMENT TO CREATE AND OPERATE A "LOCAL HOUSING TRUST FUND" OR A "REGIONAL HOUSING TRUST FUND".
Very respectfully,
President
Received as information.
Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:
S. 656 (Word version) -- Senators Leatherman, Moore, Leventis, McGill, Cleary, Setzler and Land: A BILL TO AMEND SECTION 12-36-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF THE STATE SALES AND USE TAX AND THE SPECIAL THREE PERCENT SALES AND USE TAX IMPOSED ON UNPREPARED FOOD, SO AS TO REDUCE THIS SPECIAL RATE ON UNPREPARED FOOD FROM THREE PERCENT TO TWO PERCENT EFFECTIVE JANUARY 1, 2008, TO DELETE AN OBSOLETE PROVISION, AND TO REDUCE THIS TWO PERCENT RATE IN INCREMENTS OF ONE-HALF OF ONE PERCENTAGE POINT IF THE FEBRUARY FIFTEENTH FORECAST OF ANNUAL GENERAL FUND GROWTH FOR THE UPCOMING FISCAL YEAR EQUALS AT LEAST FIVE PERCENT OF THE MOST RECENT ESTIMATE OF GENERAL FUND REVENUE FOR THE CURRENT FISCAL YEAR; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO PROVIDE A PERMANENT EXEMPTION FOR UNPREPARED FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS BEGINNING THE JULY FIRST THAT THE PHASE-DOWN OF THE STATE SALES TAX RATE ON UNPREPARED FOOD ATTAINS ZERO.
Ordered for consideration tomorrow.
Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
H. 3632 (Word version) -- Reps. Chalk, Haskins, Brantley, Bales, Harvin, Jefferson, Littlejohn, Mahaffey, Moss, Neilson, J. R. Smith and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-25 SO AS TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION MAY REQUIRE A CRIMINAL HISTORY BACKGROUND CHECK OF AN APPLICANT FOR LICENSURE TO PRACTICE NURSING AND TO PROVIDE THAT THE DEPARTMENT MAY REQUIRE SUCH A BACKGROUND CHECK IN CONNECTION WITH AN INVESTIGATION OR DISCIPLINARY PROCEEDING OF A LICENSEE.
Ordered for consideration tomorrow.
Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
H. 3380 (Word version) -- Reps. Viers, Brantley, Dantzler, Harvin and Brady: A BILL TO AMEND SECTIONS 44-7-2430 AND 44-7-2440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "HOSPITAL INFECTIONS DISCLOSURE ACT" AND TO THE REQUIREMENT THAT HOSPITALS COLLECT DATA AND SUBMIT REPORTS TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL ON HOSPITAL ACQUIRED INFECTION RATES, SO AS TO ALSO REQUIRE HOSPITALS TO COLLECT DATA AND SUBMIT REPORTS ON DEATHS RESULTING FROM HOSPITAL ACQUIRED INFECTIONS.
Ordered for consideration tomorrow.
Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
S. 95 (Word version) -- Senators Cleary and Ford: A BILL TO AMEND SECTION 40-15-172 OF THE 1976 CODE, RELATING TO MOBILE DENTAL FACILITIES, TO PROVIDE THAT A REGISTRANT MUST KEEP RECORDS AT A CENTRAL OFFICE LOCATION OR AT THE PORTABLE DENTAL OPERATION, AND TO PROVIDE THAT IN THE INSTANCE OF A FEE FOR SERVICE PATIENT, THE REGISTRANT MUST PROVIDE THE PATIENT WITH A DESCRIPTION OF THE FEES ASSOCIATED WITH THE TREATMENT.
Ordered for consideration tomorrow.
Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
S. 610 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 44-53-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTROLLED SUBSTANCES PRESCRIPTIONS, INCLUDING LIMITATIONS ON QUANTITIES PRESCRIBED, SO AS TO PROVIDE THAT PRESCRIPTIONS FOR CONTROLLED SUBSTANCES IN SCHEDULES III THROUGH V MUST NOT EXCEED A NINETY-DAY SUPPLY.
Ordered for consideration tomorrow.
Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
S. 481 (Word version) -- Senators Anderson and Fair: A BILL TO AMEND CHAPTER 1, TITLE 24 OF THE 1976 CODE, RELATING TO THE DEPARTMENT OF CORRECTIONS, TO ESTABLISH AN ORGAN AND TISSUE DONOR PROGRAM IN THE DEPARTMENT, TO PROVIDE WHO AND IN WHAT MANNER DONATIONS MAY BE MADE, TO PROVIDE THAT INFORMATION REGARDING BONE MARROW DONATIONS MUST BE PROVIDED TO PRISONERS, TO PROVIDE THAT THE DEPARTMENT IS NOT RESPONSIBLE FOR COSTS ASSOCIATED WITH TESTS OR PROCEDURES REQUIRED TO MAKE AN ORGAN DONATION, TO PROVIDE THAT THE DEPARTMENT IS RESPONSIBLE FOR COSTS ASSOCIATED WITH TRANSPORTATION OF A DONOR AND OPERATIONAL SECURITY, TO PROVIDE THAT PRISONERS MUST BE PROVIDED WITH DONOR FORMS IN COMPLIANCE WITH THE ANATOMICAL GIFT ACT, TO PROVIDE THAT THE DEPARTMENT, IN CONSULTATION WITH APPROPRIATE MEDICAL AUTHORITIES, MUST PROMULGATE REGULATIONS AND ESTABLISH PROCEDURES TO FACILITATE PRISONER DONATIONS OF ORGANS, TISSUE, OR BONE MARROW, AND TO PROVIDE THAT ALL ORGAN AND TISSUE DONATIONS MADE PURSUANT TO THIS SECTION MUST BE ON A VOLUNTARY BASIS.
Ordered for consideration tomorrow.
The following was introduced:
H. 4073 (Word version) -- Rep. Bowers: A HOUSE RESOLUTION TO HONOR AND CELEBRATE THE LIFE OF MR. GROVER FORD BOWERS, JR., OF ESTILL, A GOOD FRIEND TO MANY, WHO WILL BE MISSED.
The Resolution was adopted.
The following was introduced:
H. 4074 (Word version) -- Reps. Gambrell, Thompson, Agnew, Bowen, Cooper, White, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO CONGRATULATE ANDERSON COUNTY'S JENNIE ERWIN LIBRARY ON THE OCCASION OF ITS ONE HUNDREDTH ANNIVERSARY, TO COMMEND THE LIBRARY FOR THE OUTSTANDING JOB IT DOES IN SERVING THE CITIZENS OF HONEA PATH, AND TO WISH THIS VENERABLE INSTITUTION MUCH CONTINUED SUCCESS IN THE FUTURE.
The Resolution was adopted.
The following was introduced:
H. 4075 (Word version) -- Reps. Lucas and Neilson: A HOUSE RESOLUTION TO CONGRATULATE THE EMMANUEL CHRISTIAN SCHOOL BASEBALL TEAM OF DARLINGTON COUNTY ON ITS MOST IMPRESSIVE 2A SOUTH CAROLINA CHRISTIAN SCHOOLS ASSOCIATION STATE CHAMPIONSHIP WIN AND TO HONOR THE PLAYERS AND HEAD COACH BRENT HALL ON AN INCREDIBLE SEASON.
The Resolution was adopted.
The following was introduced:
H. 4076 (Word version) -- Reps. Cotty, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR DR. JEAN M. NORMAN, OF COLUMBIA, EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA SCHOOL IMPROVEMENT COUNCIL, FOR HER TIRELESS EFFORTS ON BEHALF OF OUR STATE'S SCHOOL CHILDREN, DURING A VERY DISTINGUISHED CAREER, UPON HER RETIREMENT FROM THIS POSITION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. LUCAS, with unanimous consent, the following was taken up for immediate consideration:
H. 4077 (Word version) -- Reps. Lucas and Neilson: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE EMMANUEL CHRISTIAN SCHOOL BASEBALL TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED ON THEIR MOST IMPRESSIVE 2A SOUTH CAROLINA CHRISTIAN SCHOOLS ASSOCIATION STATE CHAMPIONSHIP WIN AND THEIR INCREDIBLE SEASON.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to the Emmanuel Christian School baseball team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended on their most impressive 2A South Carolina Christian Schools Association State Championship win and their incredible season.
The Resolution was adopted.
The following was introduced:
H. 4078 (Word version) -- Reps. Knight, Chellis, Harrell and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE DORCHESTER ACADEMY VARSITY FOOTBALL TEAM OF ST. GEORGE FOR ITS OUTSTANDING SEASON AND FOR CAPTURING THE SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS A STATE CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM'S EXCEPTIONAL PLAYERS, COACHES, AND STAFF.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4079 (Word version) -- Reps. Funderburk, Cotty and Lucas: A CONCURRENT RESOLUTION TO COMMEND MRS. ANN MARIE TAYLOR, SPECIAL EDUCATION TEACHER AT PINE TREE HILL ELEMENTARY SCHOOL IN KERSHAW COUNTY, FOR HER COMMITMENT TO PROVIDING QUALITY EDUCATION FOR THE CHILDREN OF SOUTH CAROLINA, AND TO CONGRATULATE HER UPON BEING NAMED THE 2007 SOUTH CAROLINA TEACHER OF THE YEAR.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4080 (Word version) -- Rep. Moss: A BILL TO PROVIDE A MINIMUM DISTANCE WITHIN WHICH A COMMERCIAL CONSTRUCTION, DEMOLITION, AND LAND-CLEARING LANDFILL IN YORK COUNTY MAY BE LOCATED FROM BUCKHORN CREEK AND TO PROVIDE EXCEPTIONS AND DEFINITIONS.
On motion of Rep. MOSS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4081 (Word version) -- Rep. Cotty: A BILL TO AMEND ACT 930 OF 1970, AS AMENDED, RELATING TO THE SCHOOL BOARD OF TRUSTEES FOR KERSHAW COUNTY, SO AS TO PROVIDE COMPENSATION FOR MEMBERS OF THE BOARD IN THE AMOUNT OF TWO HUNDRED DOLLARS FOR THEIR ATTENDANCE AT EACH MEETING AND TO ALLOW THE SCHOOL BOARD TO ADJUST ITS SALARY AND EXPENSES, BY RESOLUTION, TO BE EFFECTIVE ON THE COMMENCEMENT DATE OF THE TERMS OF TWO OR MORE MEMBERS ELECTED AT THE NEXT GENERAL ELECTION FOLLOWING THE ADOPTION OF THE RESOLUTION.
Referred to Kershaw Delegation
H. 4089 (Word version) -- Rep. Haley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-1790 SO AS TO PROVIDE THAT A DEALER WHO SELLS MOPEDS MUST REGISTER WITH THE DEPARTMENT OF MOTOR VEHICLES BEFORE HE MAY SELL A MOPED IN THIS STATE, AND TO PROVIDE THAT THE DEPARTMENT SHALL ADOPT RULES AND PROMULGATE REGULATIONS TO ENSURE COMPLIANCE WITH THIS SECTION; AND TO AMEND SECTION 56-1-1710, RELATING TO THE DEFINITION OF THE TERM "MOPED", SO AS TO DELETE THE PROVISION THAT ESTABLISHES A MOPED'S MAXIMUM HORSEPOWER, AND TO INCREASE THE MAXIMUM SPEED THAT A MOPED MAY ATTAIN.
Referred to Committee on Education and Public Works
H. 4090 (Word version) -- Rep. Haley: A BILL TO AMEND SECTION 20-7-2700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN THE REGULATION OF CHILDCARE FACILITIES, SO AS TO REVISE THE DEFINITION OF "CHILDCARE FACILITIES" TO INCLUDE SCHOOL VACATION OR SCHOOL HOLIDAY DAY CAMPS THAT OPERATE FOR SESSIONS OF FIVE OR MORE DAYS AND TO INCLUDE FACILITIES OPERATED FOR MORE THAN FOUR HOURS A DAY IN CONNECTION WITH A SHOPPING CENTER; TO AMEND SECTIONS 20-7-2850, 20-7-2860, 20-7-2870, AND 20-7-2890, ALL AS AMENDED, ALL RELATING TO REGISTRATION PROCEDURES FOR FAMILY CHILDCARE HOMES, SO AS TO ALSO APPLY THESE PROCEDURES TO SCHOOL VACATION AND SCHOOL HOLIDAY DAY CAMPS; AND TO AMEND SECTION 20-7-2980, AS AMENDED, RELATING TO REGULATIONS FOR CHILDCARE FACILITIES AND SUGGESTED STANDARDS FOR FAMILY CHILDCARE HOMES, SO AS TO ALSO PROVIDE SUGGESTED STANDARDS FOR SCHOOL VACATION AND SCHOOL HOLIDAY DAY CAMPS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 588 (Word version) -- Senators McConnell, Lourie, Rankin, Land and Ritchie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-71-1345, 38-71-1355, 38-71-1365, AND 38-71-1445 SO AS TO PROVIDE REQUIREMENTS, POWERS, DUTIES, AND RESTRICTIONS OF A SMALL EMPLOYER HEALTH GROUP COOPERATIVE, AND PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF INSURANCE AND OFFICE OF RESEARCH AND STATISTICS OF THE BUDGET AND CONTROL BOARD SHALL SUBMIT A REPORT TO THE OFFICE OF THE GOVERNOR AND THE GENERAL ASSEMBLY BY JANUARY 1, 2010, ON THE EFFECTIVENESS OF THE HEALTH GROUP COOPERATIVE IN EXPANDING THE AVAILABILITY OF HEALTH INSURANCE COVERAGE FOR SMALL EMPLOYERS; AND BY AMENDING SECTIONS 38-71-1320, 38-71-1330, 38-71-1340, AND 38-71-1350, RELATING TO SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY, SO AS TO PROVIDE THAT SMALL EMPLOYERS MAY FORM A COOPERATIVE FOR THE PURPOSE OF PROVIDING HEALTH INSURANCE TO THEIR EMPLOYEES, PROVIDE FOR THE DEFINITION OF "HEALTH GROUP COOPERATIVE", AND PROVIDE FOR THE GROUP SIZE FOR A HEALTH GROUP COOPERATIVE.
Referred to Committee on Labor, Commerce and Industry
The following was introduced:
H. 4082 (Word version) -- Rep. Gullick: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE FORT MILL HIGH SCHOOL VARSITY BOYS BASKETBALL TEAM FOR ITS OUTSTANDING SEASON AND CAPTURING THE 2007 CLASS AAAA STATE CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM'S EXCEPTIONAL PLAYERS, COACH, AND STAFF.
The Resolution was adopted.
On motion of Rep. GULLICK, with unanimous consent, the following was taken up for immediate consideration:
H. 4083 (Word version) -- Rep. Gullick: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE FORT MILL HIGH SCHOOL WINTERGUARD AND PERCUSSION TEAMS, BAND DIRECTORS, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED ON CAPTURING THE 2007 SOUTH CAROLINA BAND DIRECTORS ASSOCIATION COLORGUARD OPEN CLASS CHAMPIONSHIP AND THE 2007 CONCERT PERCUSSION ENSEMBLE STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to the Fort Mill High School Winterguard and Percussion Teams, band directors, and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended on capturing the 2007 South Carolina Band Directors Association Colorguard Open Class Championship and the 2007 Concert Percussion Ensemble State Championship.
The Resolution was adopted.
The following was introduced:
H. 4084 (Word version) -- Rep. Gullick: A HOUSE RESOLUTION TO CONGRATULATE THE FORT MILL HIGH SCHOOL WINTERGUARD AND PERCUSSION TEAMS OF YORK COUNTY ON CAPTURING THE 2007 SOUTH CAROLINA BAND DIRECTORS ASSOCIATION COLORGUARD OPEN CLASS CHAMPIONSHIP AND THE 2007 CONCERT PERCUSSION ENSEMBLE STATE CHAMPIONSHIP.
The Resolution was adopted.
On motion of Rep. GULLICK, with unanimous consent, the following was taken up for immediate consideration:
H. 4085 (Word version) -- Rep. Gullick: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE FORT MILL HIGH SCHOOL VARSITY BOYS BASKETBALL TEAM, COACH, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM ON THEIR OUTSTANDING SEASON AND FOR CAPTURING THE 2007 CLASS AAAA STATE CHAMPIONSHIP TITLE.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to the Fort Mill High School varsity boys basketball team, coach, and school officials, at a date and time to be determined by the Speaker, for the purpose of recognizing and commending them on their outstanding season and for capturing the 2007 Class AAAA State Championship title.
The Resolution was adopted.
The following was introduced:
H. 4086 (Word version) -- Rep. Kelly: A HOUSE RESOLUTION RECOGNIZING SPARTANBURG COUNTY'S WOODRUFF HIGH SCHOOL GIRLS SOCCER TEAM ON ITS COME-FROM-BEHIND VICTORY TO TAKE THE CLASS AA-A UPPER STATE TITLE IN POSTING A 20-6 RECORD FOR THE 2007 SEASON.
The Resolution was adopted.
The following was introduced:
H. 4087 (Word version) -- Reps. G. Brown, Lowe, J. H. Neal, G. M. Smith and Weeks: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF UNITED STATES HIGHWAY 521 AND SOUTH CAROLINA HIGHWAY 441 IN SUMTER COUNTY THE "C. FRED MCLAUGHLIN MEMORIAL INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "C. FRED MCLAUGHLIN MEMORIAL INTERCHANGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4088 (Word version) -- Rep. Frye: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR COACH PATSY E. RHODES OF SALUDA COUNTY FOR OVER THIRTY-FIVE YEARS OF COACHING AND TEACHING PHYSICAL EDUCATION AT SALUDA HIGH SCHOOL AND TO COMMEMORATE HER MANY ACCOMPLISHMENTS DURING HER DISTINGUISHED TENURE AS A COACH AND TEACHER.
The Resolution was adopted.
The following was introduced:
H. 4091 (Word version) -- Rep. Huggins: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF MARY KAY FULFORD WARD AND TO CONVEY DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 4092 (Word version) -- Reps. Harrell, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO HONOR JUDGE CURTIS G. SHAW OF GREENWOOD AND TO EXPRESS THE GRATITUDE OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES FOR HIS COMMITTED SERVICE ON THE JUDICIAL MERIT SELECTION COMMISSION SINCE ITS INCEPTION.
The Resolution was adopted.
The following was introduced:
H. 4093 (Word version) -- Reps. Harrell, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO HONOR RICHARD S. FISHER, ESQUIRE, OF GREENVILLE AND EXPRESS THE GRATITUDE OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES FOR HIS COMMITTED SERVICE ON THE JUDICIAL MERIT SELECTION COMMISSION SINCE ITS INCEPTION.
The Resolution was adopted.
The Senate sent to the House the following:
S. 753 (Word version) -- Senator Malloy: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND SHERMAN A. JAMES, PH.D., THE DUKE UNIVERSITY "SUSAN B. KING PROFESSOR OF PUBLIC POLICY STUDIES", FOR HIS OUTSTANDING WORK IN THE AREAS OF EPIDEMIOLOGY, POVERTY AND PUBLIC POLICY, AND RACIAL AND ETHNIC HEALTH DISPARITIES, AND TO WELCOME HIM BACK TO SOUTH CAROLINA AS HE PRESENTS THE KEYNOTE ADDRESS AT THE SOUTH CAROLINA AFRICAN AMERICAN HERITAGE COMMISSION'S "PRESERVING OUR PLACES IN HISTORY IN THE PEE DEE".
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 758 (Word version) -- Senators Sheheen and Lourie: A CONCURRENT RESOLUTION TO COMMEND MRS. ANN MARIE TAYLOR, SPECIAL EDUCATION TEACHER AT PINE TREE HILL ELEMENTARY SCHOOL IN KERSHAW COUNTY, FOR HER COMMITMENT TO PROVIDING QUALITY EDUCATION FOR THE CHILDREN OF SOUTH CAROLINA, AND TO CONGRATULATE HER UPON BEING NAMED THE 2007 SOUTH CAROLINA TEACHER OF THE YEAR.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Alexander Allen Anderson Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Ceips Chalk Chellis Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Crawford Dantzler Davenport Delleney Duncan Edge Frye Funderburk Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hinson Hiott Hodges Hosey Jefferson Kelly Kennedy Kirsh Knight Limehouse Littlejohn Loftis Lowe Lucas Mack Mahaffey McLeod Merrill Mitchell Moss Mulvaney J. H. Neal J. M. Neal Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Sellers Shoopman Skelton F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Talley Taylor Thompson Toole Umphlett Walker Weeks Whipper White Whitmire Williams Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, May 16.
Chip Huggins Douglas Jennings Vida Miller Denny Neilson Gary Simrill Ted Vick John Scott James E. Stewart Jerry Govan Donald C. Smith Leon Howard Thad Viers Todd Rutherford
The SPEAKER granted Rep. LEACH a leave of absence for today and tomorrow.
Rep. VIERS signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, May 15.
Announcement was made that Dr. Lincoln M. McGinnis of Greenwood was the Doctor of the Day for the General Assembly.
Rep. PINSON presented to the House the Greenwood Christian School "Lady Hawks" Varsity Girls Basketball Team, the Class AA South Carolina Independent School Association Champions, their coaches and other school officials.
Rep. FUNDERBURK presented to the House the University of South Carolina 2007 Equestrian Team, the National Equestrian and Hunt Seat Champions, their coaches and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3451 (Word version)
Date: ADD:
05/16/07 LOFTIS
Bill Number: H. 3143 (Word version)
Date: ADD:
05/16/07 MAHAFFEY
Bill Number: H. 3528 (Word version)
Date: ADD:
05/16/07 MAHAFFEY
Bill Number: H. 3390 (Word version)
Date: ADD:
05/16/07 MAHAFFEY
Bill Number: H. 3008 (Word version)
Date: ADD:
05/16/07 LOWE
Bill Number: H. 3666 (Word version)
Date: ADD:
05/16/07 SCOTT
Bill Number: H. 3528 (Word version)
Date: ADD:
05/16/07 UMPHLETT
Bill Number: H. 4058 (Word version)
Date: ADD:
05/16/07 PARKS
Bill Number: H. 4058 (Word version)
Date: ADD:
05/16/07 HOWARD
Bill Number: H. 4058 (Word version)
Date: ADD:
05/16/07 J. H. NEAL
Bill Number: H. 3202 (Word version)
Date: ADD:
05/16/07 FRYE
The following Bill and Joint Resolutions were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:
S. 702 (Word version) -- Education Committee: A JOINT RESOLUTION TO PROVIDE THAT FOR THE PURPOSE OF TEACHER CONTRACTS NEGOTIATED FOR THE 2007-2008 SCHOOL YEAR, DATES FOR COMPLETING CERTAIN REQUIREMENTS ARE EXTENDED FOR ONE YEAR.
S. 389 (Word version) -- Senators Campsen, Bryant, Vaughn, Grooms, Martin, Verdin, Scott, Richardson, Fair, Ryberg, Thomas and Gregory: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 33, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO AGE OF CONSENT, SO AS TO DELETE THE PROVISION THAT NO UNMARRIED WOMAN SHALL LEGALLY CONSENT TO SEXUAL INTERCOURSE WHO SHALL NOT HAVE ATTAINED THE AGE OF FOURTEEN YEARS.
S. 266 (Word version) -- Senators Martin, Ford, Campsen and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA PRIORITY INVESTMENT ACT" BY AMENDING SECTION 6-29-510, RELATING TO COMPREHENSIVE PLANS OF LOCAL PLANNING COMMISSIONS, SO AS TO AMEND THE HOUSING ELEMENT AND TO PROVIDE FOR TRANSPORTATION 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 NONESSENTIAL HOUSING REGULATORY REQUIREMENTS TO ENCOURAGE PRIVATE DEVELOPMENT, TRADITIONAL NEIGHBORHOOD DESIGN, AND AFFORDABLE HOUSING IN PRIORITY INVESTMENT AREAS; TO AMEND SECTION 6-29-1110, RELATING TO DEFINITIONS, SO AS TO DEFINE "AFFORDABLE HOUSING", "MARKET BASED INCENTIVES", "TRADITIONAL NEIGHBORHOOD DESIGN", AND "NONESSENTIAL HOUSING REGULATORY REQUIREMENTS"; TO AMEND SECTION 6-29-1130, RELATING TO REGULATIONS OF A LOCAL GOVERNING BODY GOVERNING THE DEVELOPMENT OF LAND UPON THE RECOMMENDATION OF THE LOCAL PLANNING COMMISSION, SO AS TO FURTHER PROVIDE FOR THE CONTENT OF THESE REGULATIONS RELATING TO LAND DEVELOPMENT; AND TO PROVIDE THAT LOCAL GOVERNMENTS AMEND THEIR COMPREHENSIVE PLANS TO COMPLY WITH THESE PROVISIONS WITHIN TWENTY-FOUR MONTHS OF ENACTMENT.
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 4020 (Word version) -- Rep. Barfield: A BILL TO AMEND SECTION 59-136-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS OF THE BOARD OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY, SO AS TO DELETE THE REQUIREMENT THAT THE BOARD ONLY MEET IN CONWAY, AND TO ADD SECTION 59-136-160 SO AS TO PROVIDE THAT ALL PROPERTY, REAL AND PERSONAL, AND RIGHTS OF EVERY DESCRIPTION VESTED IN THE UNIVERSITY SHALL BE VESTED IN "COASTAL CAROLINA UNIVERSITY".
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 65 (Word version) -- Senators Martin, Vaughn, McConnell, Knotts, Verdin, Fair, Alexander and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-75, TO PROVIDE A RIGHT OF INGRESS AND EGRESS TO A CEMETERY, BURIAL GROUND, OR GRAVE LOCATED ON PRIVATE PROPERTY FOR FAMILY MEMBERS, CLOSE FRIENDS, DESCENDANTS OF DECEASED PERSONS, CEMETERY PLOT OWNERS, PERSONS PARTICIPATING IN A LAWFUL BURIAL, OR PERSONS ENGAGING IN GENEALOGY RESEARCH.
The following Bill was taken up:
S. 657 (Word version) -- Senators Peeler, Alexander, Lourie, Setzler, Matthews, Hayes, Land, Pinckney, Courson, Fair, McGill and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 110 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA CRITICAL NEEDS NURSING INITIATIVE ACT" INCLUDING PROVISIONS ESTABLISHING THE CRITICAL NEEDS NURSING INITIATIVE FUND, TO IMPROVE THE NUMBER OF QUALIFIED NURSES IN THIS STATE BY PROVIDING NURSING FACULTY SALARY ENHANCEMENTS, CREATING NEW FACULTY POSITIONS, PROVIDING FOR ADDITIONAL NURSING STUDENT SCHOLARSHIPS, LOANS, AND GRANTS, ESTABLISHING THE OFFICE FOR HEALTH CARE WORKFORCE RESEARCH TO ANALYZE HEALTH CARE WORKFORCE SUPPLY AND DEMAND, AND PROVIDING FOR THE USE OF SIMULATION TECHNOLOGY AND EQUIPMENT IN THE EDUCATION OF NURSES.
Rep. HOSEY proposed the following Amendment No. 2 (Doc Name COUNCIL\GGS\22898SSP07), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. This act is known and may be cited as the "South Carolina Critical Needs Health Care Manpower Initiative Act".
SECTION 2. Title 59 of the 1976 Code is amended by adding:
Section 59-110-10. The South Carolina Critical Needs Health Care Manpower Initiative Fund is hereby created under the Commission on Higher Education to provide incentives to retain faculty scholars, attract new faculty, provide loans, grants, and scholarships to in-state resident students, establish a research office to predict health care workforce needs, and provide technology to increase accessibility to clinical education needs.
Section 59-110-20. (A) The Commission on Higher Education shall administer the provisions of this chapter and the funding provided to the Critical Needs Health Care Manpower Initiative Fund to implement the initiatives provided in this chapter. The commission shall make disbursements from the Critical Needs Health Care Manpower Initiative Fund to the institutions or students in the manner and for the purposes provided by this chapter.
(B) To assist the commission in performing its duties related to this fund, the commission shall consult with appropriate educators and policy makers. For nursing education consultation will be obtained from members of the Advisory Committee on Academic Programs (ACAP) from institutions with accredited nursing programs and the chairperson, or designee, of the South Carolina Council of Deans and Directors in Nursing Education.
Section 59-110-30. Of the funds made available for the Critical Needs Health Care Manpower Initiative Fund, amounts must be used for the following nursing and health professional initiatives in recommended priority order:
(1) faculty salary enhancements;
(2) new faculty;
(3) student scholarship, loan, and grant programs;
(4) establishment of the Office for Health Care Workforce Research;
(5) use of simulation technology and equipment;
(6) establishment of facilities for colorectal cancer screening with a focus on participation by primary care providers; and
(7) measuring and monitoring the impact on disparities in colorectal cancer screening, incidence, and mortality.
Section 59-110-40. (A) From the Critical Needs Health Care Manpower Initiative Fund based on available funds, it is the intent of the General Assembly that faculty salary enhancements be provided for faculty at accredited programs at the public institutions of higher learning at the two-year, four-year, and graduate levels. This enhancement is intended to bring salaries for faculty within the average for the geographic area in which the State of South Carolina competes for the faculty. Salary enhancements shall be based on a twelve-month appointment and prorated for nine-month appointments.
(B) In regard to these faculty salary enhancements, the Commission on Higher Education, upon consultation with members of the Advisory Committee on Academic Programs (ACAP) from institutions with accredited programs and the chairperson, or designee, of the South Carolina Council of Deans and Directors in Nursing Education, shall determine and distribute funds from the Critical Needs Health Care Manpower Initiative Fund to the institutions where such faculty are employed. The governing body of the institution pursuant to its procedures shall then allocate these enhancements among its affected faculty in such amounts as it determines appropriate consistent with the guidelines of this chapter.
Section 59-110-50. (A) From the Critical Needs Health Care Manpower Initiative Fund, it is the intent of the General Assembly that new faculty positions be added to accredited programs at the public institutions of higher learning at the two-year, four-year, and graduate level based on available funds.
(B) The commission, upon consultation with members of the Advisory Committee on Academic Programs (ACAP) from institutions with accredited programs and the Chairperson, or designee, of the South Carolina Council of Deans and Directors in Nursing Education, shall establish guidelines and criteria for funding the new positions to the recipient institutions based on faculty need.
(C) In regard to these new faculty positions, the Commission on Higher Education shall determine and distribute funds from the Critical Needs Health Care Manpower Initiative Fund to the institutions where the new faculty positions are to be located. The governing body of the institution shall then create and fund these new positions in the manner it considers appropriate and consistent with the guidelines of this chapter.
Section 59-110-60. (A) The Critical Needs Health Care Manpower Initiative Scholarship, Loan, and Grant Program is established to provide incentives and stipends to enable candidates seeking a higher degree to become qualified to teach full-time at an accredited program at the public institutions of higher learning at the two-year, four-year, and graduate level in this State. Funding for this program shall be provided by the Commission on Higher Education from the Critical Needs Health Care Manpower Initiative Fund. Loans, scholarships, or grants within available funds shall be awarded to qualified in-state resident students in or entering into the teaching profession at an accredited program at a public institution of higher learning in South Carolina.
(B) Funds shall be allocated to four-year and graduate level institutions based on the institution's share of the total resident South Carolina student population in that category of student, full-time or part-time. Disbursements of the applicable funds shall be made by the commission to the institution, which in turn shall disburse the funds to the students.
(C) From the Critical Needs Health Care Manpower Scholarship, Loan, and Grant Program, if sufficient funds are available, the General Assembly declares and expresses its intent that the following scholarships, loans, or grants should be provided in the following recommended priority order and in the amount so specified:
(1) Funding for thirty loans not to exceed forty thousand dollars per loan for a term not to exceed twenty-four months to be provided for full-time students enrolled in Masters in Nursing graduate programs.
(2) Funding for thirty loans not to exceed thirty thousand dollars per loan for a term not to exceed thirty-six months to be provided for part-time students enrolled in Masters in Nursing graduate programs.
(3) Funding for five loans not to exceed two hundred fifty thousand dollars per loan for a term not to exceed forty-eight months to be provided for full-time doctoral education students enrolled in nursing or a related field that would prepare the person to teach in a program.
(4) Funding for five loans not to exceed one hundred twenty-five thousand dollars per loan for a term not to exceed sixty months to be provided for part-time doctoral education students in nursing or a related field that would prepare the person to teach in a program.
(5) Funding for ten scholarships at five thousand dollars each to be provided to increase the number and amount of awards for scholarships to students pursuing a Bachelor of Science in Nursing from an accredited program, including those students who have graduated from an associate degree program.
(6) In order to better recruit and retain a diverse faculty and student pool, funding for five grants of up to fifty thousand dollars each to be provided to four-year institutions of higher learning with an accredited program.
(D) For the purpose of this section, 'loan' shall be defined as cost of attendance, tuition, fees, room and board, or educational materials for those who desire to become nurse faculty.
(E) For the purpose of this section, the commission shall promulgate regulations relating to distribution and allocation of funding for the initiative. The regulations shall also provide a mechanism to recoup fees from those students who, once graduated from an accredited nursing program, do not become employed as a full-time faculty member in one of the qualifying institutions for a minimum of three years. Funds generated from any such repayments must be retained in a separate account and utilized for the purpose that the funds were originally appropriated.
(F) In regard to student loans, grants, and scholarship programs, the Commission on Higher Education may determine and distribute funds from the Critical Needs Health Care Manpower Initiative Fund to the institution for allocation to eligible students consistent with the guidelines of this chapter.
Section 59-110-70. (A) The Office for Health Care Workforce Research is hereby created within the South Carolina Area Health Education Consortium (SCAHEC). The purpose of the Office for Health Care Workforce Research is to analyze workforce supply and demand data and predict the need for registered nurses and other health care professionals.
(B) The Office for Health Care Workforce Research shall collaborate with the Office of Research and Statistics of the Budget and Control Board, the South Carolina Center for Nursing Leadership, health professional education programs, professional associations representing the various health profession disciplines, and the health care delivery system to monitor the need for and educational capacity for health care professionals in South Carolina. The SCAHEC shall establish a steering committee to determine priorities of the office. The steering committee shall be composed of representatives from various health care professions to include nursing, medicine, dentistry, pharmacy, and allied health.
(C) The Office for Health Care Workforce Research shall utilize and work to expand, when necessary, the existing health professions and educational program databases that are maintained by the Office of Research and Statistics for nursing, medicine, pharmacy, dentistry, and other health professions.
(D) The duties and functions of the office include, but are not limited to:
(1) collaborating with other appropriate entities to expand nursing workforce data collection and analysis;
(2) conducting an annual nursing workforce needs survey, using a manpower prediction model for staffing, to create a statewide database of nursing supply and demand statistics for health care employers in this State;
(3) studying and monitoring trends in the recruitment, retention, and education of associate, baccalaureate, masters, and doctorate-prepared nurses;
(4) soliciting information regarding current budgeted nursing positions, vacancies, projected staffing requirements, and turnover data;
(5) providing workforce data and analysis to assist in development of nursing workforce policy; and
(6) replicating a supply and demand workforce model for other health professions.
(E) In regard to funding for the Office for Health Care Workforce Research, the commission upon consultation with members of the Advisory Committee on Academic Programs (ACAP) from institutions with accredited nursing programs and the chairperson, or designee, of the South Carolina Council of Deans and Directors in Nursing Education, shall determine and distribute funds from the Critical Needs Health Care Manpower Initiative Fund directly to the Office for Health Care Workforce Research for its uses and purposes consistent with the guidelines of this chapter.
Section 59-110-80. (A) It is the intent of this section to encourage the utilization of technology for new education models at all public institutions of higher learning in this State as defined in Section 59-103-5 with an accredited program leading to an Associate Degree in Nursing, a Bachelor of Science in Nursing, or a Masters in Nursing degree or a primary care provider enrolled in colorectal cancer screening training. These new models shall utilize simulation technology and equipment to educate nurses from funds provided by the General Assembly in the Critical Needs Health Care Manpower Imitative Fund and allocated by the Commission on Higher Education for this purpose. These funds must be allocated to the institutions with an accredited nursing program by the Commission on Higher Education or to a specialized colorectal cancer training program with the endorsement from the South Carolina Cancer Alliance Colorectal Cancer Work Group. The commission upon consultation with members of the Advisory Committee on Academic Programs (ACAP) from institutions with accredited nursing programs and the chairperson, or designee, of the South Carolina Council of Deans and Directors in Nursing Education shall develop guidelines as to how these funds must be allocated.
(B) In regard to the use of simulation technology and equipment in education, the Commission on Higher Education shall determine and distribute funds from the Critical Needs Health Care Manpower Initiative Fund to the institutions where such funds will be used and the governing body of the institution shall determine how these funds shall be used consistent with the guidelines of this chapter.
(C) Funding for the use of simulation technology and equipment in nursing education shall be provided by the Commission on Higher Education from the Critical Needs Health Care Manpower Initiative Fund based on available funds.
Section 59-110-90. To meet the initiatives provided by this chapter, the Commission on Higher Education and public institutions of higher learning providing education also may use funds provided for use in these areas that are derived from private or federal government sources."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. HOSEY explained the amendment.
Rep. WHITE moved to table the amendment, which was agreed to.
Reps. WHITE and CRAWFORD proposed the following Amendment No. 3 (Doc Name COUNCIL\GJK\20342SD07), which was adopted:
Amend the bill, as and if amended, by striking Section 59-110-30 of the 1976 Code, as contained in SECTION 2, and inserting:
/ Section 59-110-30. (A) Of the funds made available for the Critical Needs Nursing Initiative Fund, amounts must be used for the following nursing initiatives in recommended priority order:
(1) faculty salary enhancements;
(2) new faculty;
(3) student scholarship, loan, and grant programs;
(4) establishment of the Office for Health Care Workforce Research; and
(5) use of simulation technology and equipment.
(B) Once the first priority for faculty salary enhancements has been provided in an amount not exceeding six million dollars in total funds for the program from each year funds are allocated for any year, the commission shall fund other priorities in such amounts as it considers appropriate within available funding. /
Amend the bill further, as and if amended, by striking Section 59-110-60(C)(3) of the 1976 Code, as contained in SECTION 2, and inserting:
/ (3) Funding for five loans not to exceed fifty thousand dollars per loan for a term not to exceed forty-eight months to be provided for full-time doctoral education students enrolled in nursing or a related field that would prepare the person to teach in a nursing program. /
Amend the bill further, as and if amended, by striking Section 59-110-60(E) of the 1976 Code, as contained in SECTION 2, and inserting:
/ (E) For the purpose of this section, the commission shall promulgate regulations relating to distribution and allocation of funding for the initiative. The regulations shall also provide a mechanism to recoup loans from those students who, once graduated from an accredited nursing program, do not become employed as a full-time faculty member in one of the qualifying institutions for a minimum of three years. Funds generated from any such repayments must be retained in a separate account and utilized for the purpose that the funds were originally appropriated. /
Amend the bill further, as and if amended, by striking Section 59-110-70 of the 1976 Code, as contained in SECTION 2, and inserting:
/ Section 59-110-70. (A) The Office for Health Care Workforce Research is hereby created within the South Carolina Area Health Education Consortium (SCAHEC). The purpose of the Office for Health Care Workforce Research is to analyze workforce supply and demand data and predict the need for registered nurses and must be located within the South Carolina Center for Nursing Leadership.
(B) The Office for Health Care Workforce Research shall collaborate with the Office of Research and Statistics of the Budget and Control Board, the South Carolina Center for Nursing Leadership, health professional education programs, professional associations representing the various health profession disciplines, and the health care delivery system to monitor the need for and educational capacity for nurses in South Carolina.
(C) The duties and functions of the office include, but are not limited to:
(1) collaborating with other appropriate entities to expand nursing workforce data collection and analysis;
(2) conducting an annual nursing workforce needs survey, using a manpower prediction model for staffing, to create a statewide database of nursing supply and demand statistics for health care employers in this State;
(3) studying and monitoring trends in the recruitment, retention, and education of associate, baccalaureate, masters, and doctorate-prepared nurses;
(4) soliciting information regarding current budgeted nursing positions, vacancies, projected staffing requirements, and turnover data; and
(5) providing workforce data and analysis to assist in development of nursing workforce policy.
(D) In regard to funding for the Office for Health Care Workforce Research, the commission upon consultation with members of the Advisory Committee on Academic Programs (ACAP) from institutions with accredited nursing programs and the chairperson, or designee, of the South Carolina Council of Deans and Directors in Nursing Education, shall determine and distribute funds from the Critical Needs Nursing Initiative Fund directly to the Office for Health Care Workforce Research for its uses and purposes consistent with the guidelines of this chapter. /
Renumber sections to conform.
Amend title to conform.
Rep. WHITE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3451 (Word version) -- Reps. Cotty, Agnew, Anderson, Ballentine, Barfield, Battle, Bingham, Bowen, Bowers, Breeland, R. Brown, Cato, Chalk, Chellis, Clyburn, Cobb-Hunter, Cooper, Davenport, Edge, Funderburk, Hagood, Haley, Harrell, Harrison, Harvin, Herbkersman, Hinson, Hiott, Hosey, Howard, Jennings, Kennedy, Kirsh, Limehouse, McLeod, Miller, Moss, J. H. Neal, Neilson, Pinson, E. H. Pitts, Rice, Rutherford, Sandifer, Scott, J. E. Smith, J. R. Smith, Stavrinakis, Talley, Toole, Viers, Weeks, Whipper, Young and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 30 SO AS TO ENACT "THE UNIFORM REAL PROPERTY RECORDING ACT", PROVIDING FOR THE AUTHORITY OF THE REGISTER OF MESNE CONVEYANCES IN A COUNTY TO RECEIVE AND RECORD DOCUMENTS AND INFORMATION IN ELECTRONIC FORM, SETTING FORTH CERTAIN REQUIREMENTS IN ACCEPTANCE OF ELECTRONIC DOCUMENTS BY A REGISTER, CHARGING THE OFFICE OF THE SECRETARY OF STATE WITH THE RESPONSIBILITY OF IMPLEMENTING THE ACT AND ADOPTING STANDARDS FOR THE RECEIPT, RECORDING, AND RETRIEVAL OF ELECTRONIC DOCUMENTS, AND PROVIDING DEFINITIONS.
H. 3858 (Word version) -- Reps. Ceips and Clemmons: A BILL TO AMEND SECTION 7-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDUCTING SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO SPECIFY THAT IF THERE IS A VACANCY REQUIRING A PRIMARY ELECTION TO FILL THE VACANCY, THE PROVISIONS OF THIS SECTION APPLY.
Rep. CLEMMONS explained the Bill.
H. 3890 (Word version) -- Reps. Harvin and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-825 SO AS TO PROVIDE THAT THE TOWN OF SUMMERTON MAY MOW BEYOND THIRTY FEET FROM THE PAVEMENT ROADSIDE VEGETATION ADJACENT TO THE INTERCHANGES OF INTERSTATE HIGHWAY 95 AND S14-102 (EXIT 108) IN CLARENDON COUNTY.
Rep. HARVIN explained the Bill.
H. 3390 (Word version) -- Reps. Merrill, Herbkersman, Funderburk, Mulvaney and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3588 SO AS TO ALLOW A STATE INCOME TAX CREDIT EQUAL TO TWENTY PERCENT OF THE QUALIFIED EXPENDITURES OF PHOTOVOLTAIC, SOLAR, AND FUEL CELL PROPERTY CREDITS ALLOWED AGAINST A TAXPAYER'S FEDERAL INCOME TAX LIABILITY.
Rep. TAYLOR explained the Bill.
The following Bill was taken up:
S. 327 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTIONS 7-5-10, 7-5-35, AND 7-13-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF MEMBERS OF THE COUNTY BOARD OF REGISTRATION AND COUNTY COMMISSIONERS OF ELECTION AND THE COMPOSITIONS OF THESE BOARDS AND COMMISSIONS, SO AS TO REQUIRE THAT THE CERTIFICATION BE ISSUED WHEN A MEMBER OR DESIGNATED STAFF PERSON HAS COMPLETED A TRAINING PROGRAM AND TO REQUIRE THE GOVERNOR TO REMOVE A MEMBER OF THESE BOARDS OR COMMISSIONS, APPOINTED ON OR AFTER THE ACT'S EFFECTIVE DATE, WHO HAS NOT FULFILLED THE TRAINING REQUIREMENT WITHIN EIGHTEEN MONTHS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3309DW07), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 7-5-10 of the 1976 Code, as last amended by Act 304 of 1998, is further amended to read:
"Section 7-5-10. (A) Between the first day of January and the fifteenth day of March in every each even-numbered year the Governor shall appoint, by and with the advice and consent of the Senate, not less than three nor more than five competent and discreet persons in each county, who are qualified electors of that county and who must be known as the 'Board of Registration of __________ County'. The Governor shall notify the State Election Commission in writing of the appointments. The members appointed are subject to removal by the Governor for incapacity, misconduct, or neglect of duty.
(B) Members, and such the staff as designated by the board, must shall complete, within eighteen months after their appointment or reappointment, a training and certification program conducted by the State Election Commission. If, except for an exceptional reason, a member does not fulfill this training requirement, the Governor, upon notification, shall remove that member from the board. Following initial certification, each board member, and staff person designated by the board or commission, must shall take at least one training course each year."
SECTION 2. Section 7-5-35 of the 1976 Code, as last amended by Act 304 of 1998, is further amended to read:
"Section 7-5-35. (A) If a county operates its elections through a combined election and registration commission, the structure and composition are not affected or changed by the provisions of this section. However, the provisions for inclusion of majority and minority party representatives upon the combined commission and upon the expanded commission as constituted for primary elections and protests must be applied to the combined commission, mutatis mutandis.
(B) Commissioners, and such the staff as designated by the commission, must shall complete, within eighteen months after their appointment or reappointment, a training and certification program conducted by the State Election Commission. If, except for an exceptional reason, a member does not fulfill this training requirement, the Governor, upon notification, shall remove that member from the commission. Following initial certification, each commission member, and staff person designated by the commission, must shall take at least one training course each year."
SECTION 3. Section 7-13-70 of the 1976 Code, as last amended by Act 304 of 1998, is further amended to read:
"Section 7-13-70. (A) For the purpose of carrying on general or special elections provided for in Section 7-13-10, the Governor, at least ninety days before the election, must shall appoint for each county not less than three nor more than five commissioners of election upon the recommendation of the senatorial delegation and at least half of the members of the House of Representatives from the respective counties. The Governor must shall notify the State Election Commission in writing of the appointments. The State Election Commission must shall verify that at least one of the appointees represents the largest political party and one represents the second largest political party as determined by the composition of that county's delegation in the General Assembly or the makeup of the General Assembly as a whole if the county's delegation is composed of only one party's members. The commissioners shall continue in office until their successors are appointed and qualified. After their appointment, the commissioners must shall take and subscribe, before any officer authorized to administer oaths, the following oath of office prescribed by Section 26 of Article III of the Constitution: 'I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been appointed, and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect and defend the Constitution of this State and of the United States. So help me God'.
(B) The oath must be immediately filed immediately in the office of the clerk of court of common pleas of the county in which the commissioners are appointed, or if there is no clerk of court, in the office of the Secretary of State.
(C) Commissioners, and such the staff as designated by the commission, must shall complete, within eighteen months after their appointment or reappointment, a training and certification program conducted by the State Election Commission. If, except for an exceptional reason, a member does not fulfill this training requirement, the Governor, upon notification, shall remove that member from the commission. Following initial certification, each commission member, and staff person designated by the commission, must shall take at least one training course each year."
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. CLEMMONS explained the amendment.
The amendment was then adopted.
Rep. W. D. SMITH proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\11663AC07), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. A. (A) There is created the Spartanburg County Board of Election and Registration. There are seven members of the board who must be appointed by the Governor upon recommendation of a majority of the Spartanburg County Legislative Delegation for terms of four years and until their successors are appointed and qualify, except that initially in order to stagger terms, three members must be appointed for terms of two years. At the expiration of these two-year terms, successors must be appointed for terms of four years.
(B) A vacancy on the board must be filled by appointment in the manner of original appointment for the unexpired term.
(C) A member of the board may receive compensation and may receive per diem and mileage as may be appropriated by the Spartanburg County Council.
(D) Staff must be appointed and may be removed by a majority vote of the members of the board. Staff is subject to the county employee policies.
(E) The board must be headed by a chairman. The first chairman, vice chairman, and secretary must be appointed by a majority of both the members of the Senate and the House of Representatives. After that time, these officers must be elected bi-annually by the members of the board.
(F) If a member of the board does not attend three consecutive meetings of the board for an unexcused reason, his seat is declared vacated. The chairman of the board shall notify the Governor who shall appoint a successor as provided in subsection (B).
(G) The current members of the Spartanburg County Election Commission and the Spartanburg County Registration Board shall act as the governing body of the new Spartanburg County Board of Elections and Registration established in this section until such time as the seven members of this board appointed in the manner provided by this section take office. At that time, the terms of these former commissioners of election and registration board members expire.
B. The Spartanburg County Election Commission and the Spartanburg County Registration Board are abolished on the effective date of this section and the powers and duties of the commissioners of election and the registration board are devolved upon the new Spartanburg County Board of Elections and Registration pursuant to the provisions of Section 1(A)./
Renumber sections to conform.
Amend title to conform.
Rep. W. D. SMITH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
S. 661 (Word version) -- Senators Gregory, Campsen and Ford: A JOINT RESOLUTION TO EXTEND UNTIL MAY 31, 2007, THE TIME IN WHICH THE EMINENT DOMAIN STUDY COMMITTEE, ESTABLISHED TO FORMULATE RECOMMENDATIONS CONCERNING THE CONDEMNATION AUTHORITY OF ALL ENTITIES THAT POSSESS THE POWER OF EMINENT DOMAIN IN SOUTH CAROLINA, THE EFFECT OF GOVERNMENTAL POLICY ON THE VALUE AND OWNERSHIP OF PRIVATE PROPERTY, AND THE NEED FOR REVISION OF CURRENT SLUM CLEARANCE AND REDEVELOPMENT USES OF EMINENT DOMAIN IN SOUTH CAROLINA, HAS TO PRESENT ITS REPORT AND RECOMMENDATIONS TO THE CHAIRMAN OF THE SENATE JUDICIARY COMMITTEE, THE CHAIRMAN OF THE HOUSE JUDICIARY COMMITTEE, AND THE GOVERNOR.
Reps. EDGE, MERRILL and COLEMAN proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11653SD07), which was adopted:
Amend the joint resolution, as and if amended, by striking /May 31, 2007/ on line 8, page 2, as contained in SECTION 1 and inserting /January 31, 2008/ and by striking /MAY 31, 2007/ on line 11, page 1, as contained in the title and inserting /JANUARY 31, 2008/.
Renumber sections to conform.
Amend title to conform.
Rep. EDGE explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3666 (Word version) -- Reps. Clyburn, Loftis, J. H. Neal, Bales, G. M. Smith, Harvin, Jennings, Ott, Sellers, Funderburk, Branham, R. Brown, Frye, Spires, Agnew, Alexander, Anthony, Battle, Bowers, Brady, Brantley, Breeland, Ceips, Cobb-Hunter, Delleney, Duncan, Gambrell, Hardwick, Harrison, Hart, Hayes, Hodges, Hosey, Huggins, Jefferson, Knight, Lowe, Lucas, McLeod, Miller, Moss, J. M. Neal, E. H. Pitts, Rice, Sandifer, Simrill, Stavrinakis, Taylor, Thompson, Vick, Weeks, Williams and Scott: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 50 SO AS TO ENACT THE "SOUTH CAROLINA RURAL INFRASTRUCTURE ACT", TO ESTABLISH THE SOUTH CAROLINA RURAL INFRASTRUCTURE AUTHORITY, AND TO PROVIDE FOR ITS GOVERNANCE, POWERS, AND DUTIES; TO AUTHORIZE THE AUTHORITY TO PROVIDE LOANS AND OTHER FINANCIAL ASSISTANCE TO A MUNICIPALITY, COUNTY, SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICT, AND A PUBLIC WORKS COMMISSION TO FINANCE RURAL INFRASTRUCTURE FACILITIES; TO ALLOW STATE APPROPRIATIONS, GRANTS, LOAN REPAYMENTS, AND OTHER AVAILABLE AMOUNTS TO BE CREDITED TO THE FUND OF THE AUTHORITY; TO AUTHORIZE LENDING TO AND BORROWING BY ELIGIBLE ENTITIES THROUGH THE AUTHORITY; AND TO PROVIDE DEFINITIONS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7308HTC07), which was adopted:
Amend the bill, as and if amended, by striking Section 11-50-70 as contained in SECTION 1, page 4 and inserting:
/ Section 11-50-70. The board of directors is the governing board of the authority. The board consists of seven voting directors appointed as follows:
(1) six members who reside in counties designated as distressed or least developed pursuant to Section 12-6-3360 for 2007; two each appointed by the Speaker of the House, the President Pro Tempore of the Senate, and the Governor; and
(2) the Secretary of Commerce, ex officio, who shall serve as chairman.
Appointed members shall serve for terms of four years and until their successors are appointed and qualify except that of the two members first appointed by the Speaker of the House, President Pro Tempore of the Senate, and the Governor, one shall serve for a term of two years and the term must be noted on the appointment. Vacancies must be filled in the manner of original appointment for the unexpired portion of the term. Members shall serve without compensation but are allowed mileage, subsistence, and per diem allowed by law for members of state boards, committees, and commissions. /
Amend the bill further, as and if amended, in Section 11-50-90(A) as contained in SECTION 1, page 6, by striking item (1) and inserting:
/ (1) state general fund appropriations made by the General Assembly and for fiscal year 2007-2008, an appropriation equal to the amount appropriated to the authority in the general appropriations act for fiscal year 2007-2008; /
Renumber sections to conform.
Amend title to conform.
Rep. TAYLOR explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3008 (Word version) -- Reps. Ballentine, Haskins, Cotty and Lowe: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT REAL PROPERTY OWNED BY A CHARITABLE ORGANIZATION WHICH IS NOT USED FOR THE ORGANIZATION'S MEETINGS OR THE ORGANIZATION'S TAX EXEMPT PURPOSES BUT WHICH IS HELD FOR FUTURE USE BY THE ORGANIZATION IN PURSUIT OF ITS EXEMPT PURPOSES OR WHICH IS HELD BY THE ORGANIZATION FOR INVESTMENT IN PURSUIT OF THE ORGANIZATION'S EXEMPT PURPOSES IF THIS REAL PROPERTY WHILE HELD IS NOT RENTED OR LEASED FOR A PURPOSE UNRELATED TO THE ORGANIZATION'S EXEMPT PURPOSES AND THE USE OF THE REAL PROPERTY DOES NOT INURE TO THE BENEFIT OF ANY PRIVATE STOCKHOLDER OR INDIVIDUAL.
Rep. SCOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 367 (Word version) -- Senators Hayes, Setzler, Matthews, Short, Fair, Richardson and Vaughn: A BILL TO AMEND SECTIONS 11-11-155 AND 11-11-156, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION FUND AND THE MANNER IN WHICH THE SCHOOL DISTRICTS OF THE STATE RECEIVE REVENUES FROM THE HOMESTEAD EXEMPTION FUND, SO AS TO CLARIFY THE METHOD OF DETERMINING AND CALCULATING THESE PAYMENTS, PROVIDING THE SCHEDULE OF THE PAYMENTS TO SCHOOL DISTRICTS, SPECIFYING THE SOURCE OF THE TWO AND ONE-HALF MILLION DOLLAR MINIMUM PAYMENT TO A COUNTY FOR SCHOOL DISTRICTS IN A COUNTY, AND SPECIFYING WHEN A REMAINING BALANCE IN THE HOMESTEAD EXEMPTION FUND IS REMITTED TO COUNTIES FOR PURPOSES OF THE COUNTY OPERATING MILLAGE PROPERTY TAX CREDIT FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY; AND TO AMEND SECTION 6-1-320, AS AMENDED, RELATING TO THE LIMIT ON PROPERTY TAX MILLAGE INCREASES, SO AS TO PROVIDE THAT A REDUCTION IN POPULATION AND A DECLINE IN THE CONSUMER PRICE INDEX DOES NOT DECREASE THE APPLICABLE LIMIT AND TO PROVIDE THAT THIS MILLAGE INCREASE LIMIT DOES NOT AMEND OR REPEAL ANY MORE RESTRICTIVE LIMIT APPLICABLE IN OTHER LAW.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10075HTC07), which was adopted:
Amend the bill, as and if amended, by adding four sections appropriately numbered to read:
/ SECTION ____. Section 12-37-670 of the 1976 Code, as amended by Act 388 of 2006, is further amended to read:
"Section 12-37-670. (A) Each owner of land on which any new structures have been erected which shall not have been appraised for taxation shall list them for taxation with the county auditor of the county in which they may be situate on or before the first day of March next after they shall become subject to taxation. No new structure shall must be listed or assessed for property tax until it is completed and fit for the use for which it is intended.
(B)(1) Notwithstanding the provisions of subsection (A), a A county governing body may by ordinance may provide that an owner of land on which a new structure has been erected and that has not been appraised for taxation shall list the new structure previously untaxed improvements to real property must be listed for taxation with the county auditor assessor of the county in which it is located by the first day of the next month calendar quarter after a certificate of occupancy is issued for the structure. A new structure must not be listed or assessed until it is completed and fit for the use for which it is intended, as evidenced by the issuance of the certificate of occupancy or the structure actually is occupied if no certificate is issued.
(2) When an ordinance allowed pursuant to this subsection is enacted, additional property tax attributable to improvements listed with the county auditor assessor accrues beginning on the listing date and is due on or before June thirtieth is due for the period from July first to December thirty-first for that property year, and payable when taxes are due on the property for that property tax year. Additional property tax attributable to improvements listed with the county auditor after June thirtieth of the property tax year is due and payable when taxes are due on the property for the next property tax year. This additional tax is due and payable without regard to any tax receipt issued for that parcel for the tax year that does not reflect the value of the improvements.
(3) If a county governing body elects by ordinance to impose the provisions of this subsection, this election is also binding on all municipalities within the county imposing ad valorem property taxes."
SECTION ____. Section 12-60-2510(4) of the 1976 Code, as last amended by Act 388 of 2006, is further amended to read:
"(4) In years when there is no notice of property tax assessment, the property taxpayer must, within ninety days after the tax notice is mailed to the taxpayer, give the assessor written notice of objection to one or more of the following: may appeal the fair market value, the special use value, the assessment ratio, and the property tax assessment of a parcel of property at any time. The appeal must be submitted in writing to the assessor. An appeal submitted before the first penalty date applies for the property tax year for which that penalty would apply. An appeal submitted on or after the first penalty date applies for the succeeding property tax year. The failure to serve written notice of objection within ninety days after the tax notice is mailed to the taxpayer is a waiver of the taxpayer's right of protest for that tax year, and the assessor may not review any request filed after the ninetieth day that the tax notice was mailed to the taxpayer."
SECTION ____. Section 12-37-3160(B) of the 1976 Code, as added by Act 388 of 2006, is amended to read:
"(B) Each real property tax notice must contain Beginning in a year before 2013 that the governing body of the county shall determine by ordinance and every fifth year thereafter, the assessor, in the real property tax notice or in a separate mailing to real property owners, as the assessor determines appropriate, shall provide a certificate prescribed by the Department of Revenue which must be signed and returned by the property owner or the owner's agent certifying details of the ownership of the property. If the owner or owner's agent knowingly falsifies any detail on the certificate, then the owner or owner's agent is subject to a civil penalty imposed by the Department of Revenue, the county assessor, or an assessor appointed to handle multiple county assessments pursuant to an intergovernmental agreement, as applicable. The amount must not be less than twice the taxes lawfully due on the property or more than three times the taxes lawfully due on the property. This civil penalty is enforceable and collectable in the same manner as property tax."
SECTION ___. Subarticle 9, Article 9, Chapter 60, Title 12 of the 1976 Code is amended by adding:
"Section 12-60-2545. Notwithstanding Section 12-60-3350, if a taxpayer appeals a county assessor's decision to remove the agricultural use classification from a property, the county shall pay reasonable attorney's fees if the taxpayer prevails in the contested case hearing and the administrative law judge makes a finding that the county assessor's decision was not reasonable." /
Renumber sections to conform.
Amend title to conform.
Rep. COTTY explained the amendment.
The amendment was then adopted.
Reps. COTTY and KIRSH proposed the following Amendment No. 3 (Doc Name COUNCIL\BBM\10095HTC07), which was adopted:
Amend the bill, as and if amended, by striking Section 12-37-3160(B) as contained in the unnumbered SECTION beginning on page 367-2 and inserting:
/ (B)(1) Each real property tax notice must contain Except as provided pursuant to item (2) of this subsection, the county assessor annually shall send to each real property owner of record, or the owner's agent of record, to the address of record, a certificate prescribed by the Department of Revenue which must be signed and returned by the property owner or the owner's agent certifying details of the ownership of the property. If the owner or owner's agent knowingly falsifies any detail on the certificate, then the owner or owner's agent is subject to a civil penalty imposed by the Department of Revenue, the county assessor, or an assessor appointed to handle multiple county assessments pursuant to an intergovernmental agreement, as applicable. The amount must not be less than twice the taxes lawfully due on the property or more than three times the taxes lawfully due on the property. This civil penalty is enforceable and collectable in the same manner as property tax.
(2) The annual certificate requirement provided pursuant to item (1) of this subsection does not apply to a real property owner who is a natural person outside of any legal entity. However, the assessor periodically may send certificates to natural persons subject to the same requirements provided pursuant to item (1) of this subsection.
(C) For purposes of this section, a 'natural person' is an individual or group of individuals who directly owns real property. A natural person does not include a trustee, agent, officer, or member of a legal entity which has an ownership interest in real property. A legal entity includes, but is not limited to, a corporation, partnership, limited liability company, unincorporated association, or trust. /
Renumber sections to conform.
Amend title to conform.
Rep. COTTY explained the amendment.
The amendment was then adopted.
Rep. KENNEDY proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\10077HTC07), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. A. Chapter 17, Title 59 of the 1976 Code is amended by adding:
"Section 59-17-160. (A) On July 1, 2009, the area of each county of this State also must be constituted as a school district and a county may not have multiple school districts within its boundaries, provided that nothing in this section prevents a portion of a county from being a part of a school district in another county.
(B) The General Assembly by local law before July 1, 2009, shall provide for the governance, fiscal authority, and administrative and operational responsibilities for a countywide school district where no provisions of law now apply."
B. All acts or parts of acts relating to a school district that is not a countywide school district required by Section 59-17-160 of the 1976 Code are repealed on July 1, 2009. /
Renumber sections to conform.
Amend title to conform.
Rep. KENNEDY explained the amendment.
Rep. HAYES raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
Rep. KENNEDY argued contra.
SPEAKER PRO TEMPORE W. D. SMITH stated that while the Amendment dealt with consolidation of school districts statewide, the Bill dealt with taxation. He therefore sustained the Point of Order and ruled the Amendment out of order.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. OWENS asked unanimous consent to recall H. 4055 (Word version) from the Committee on Ways and Means.
Rep. CRAWFORD objected.
Rep. DUNCAN asked unanimous consent to recall H. 3148 (Word version) from the Committee on Judiciary.
Rep. SCOTT objected.
Rep. LOFTIS asked unanimous consent to recall S. 392 (Word version) from the Committee on Judiciary.
Rep. SCOTT objected.
On motion of Rep. EDGE, with unanimous consent, the following Bill was ordered recalled from the Horry Delegation:
H. 4072 (Word version) -- Rep. Edge: A BILL TO AMEND SECTION 7-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN HORRY COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF HORRY COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC REFERENCES.
Rep. DAVENPORT asked unanimous consent to recall H. 3141 (Word version) from the Committee on Judiciary.
Rep. SCOTT objected.
Rep. KIRSH asked unanimous consent to recall H. 3039 (Word version) from the Committee on Education and Public Works.
Rep. COTTY objected.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3456 (Word version) -- Reps. M. A. Pitts, Pinson and Parks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-150 SO AS TO AUTHORIZE A LOCAL OFFICIAL OR LANDOWNER TO SEEK TO REMOVE AND SELL OR REMOVE AND DESTROY A DERELICT MOBILE HOME BY APPLYING TO THE MAGISTRATES COURT AND TO ALLOW A LOCAL GOVERNING BODY TO IMPOSE A FEE TO DEFRAY THE COST OF LOCATION, IDENTIFICATION, AND INSPECTION OF DERELICT MOBILE HOMES; TO AMEND SECTION 12-49-85, RELATING TO UNCOLLECTIBLE REAL AND PERSONAL PROPERTY TAXES, SO AS TO ALLOW THE COUNTY AUDITOR TO WAIVE AND REMOVE FROM THE TAX DUPLICATE CURRENT AND DELINQUENT PROPERTY TAXES, ASSESSMENTS, COSTS, AND FEES FROM A MANUFACTURED HOME DEMOLISHED AND DISPOSED OF PURSUANT TO SECTION 6-1-150; AND TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-29-1145, SO AS TO CLARIFY THAT IF A LOCAL PLANNING AGENCY HAS NOTICE OF A RESTRICTIVE COVENANT ON A TRACT OR PARCEL OF LAND, THE LOCAL PLANNING AGENCY MUST NOT ISSUE A PERMIT FOR ACTIVITY THAT IS CONTRARY TO, CONFLICTS WITH, OR IS PROHIBITED BY THE RESTRICTIVE COVENANT UNLESS THE LOCAL PLANNING AGENCY RECEIVES CONFIRMATION FROM THE APPLICANT THAT THE RESTRICTIVE COVENANT HAS BEEN WAIVED FOR THE TRACT OR PARCEL OF LAND EITHER BY ACTION OF THE OTHER PROPERTY HOLDERS SUBJECT TO THE RESTRICTIVE COVENANT OR BY COURT ORDER.
Rep. M. A. PITTS proposed the following Amendment No. 1A (Doc Name COUNCIL\NBD\11660AB07), which was adopted:
Amend the bill, as and if amended, by deleting Section 6-29-1145, as contained in Section 3, beginning on page 5, beginning on line 29, and inserting:
/Section 6-29-1145. (A) In an application for a permit, the local planning agency must inquire if the tract or parcel of land is restricted by any recorded covenant that is contrary to, conflicts with, or prohibits the permitted activity.
(B) If a local planning agency has notice of a restrictive covenant on a tract or parcel of land, the local planning agency must not issue a permit for activity that is contrary to, conflicts with, or is prohibited by the restrictive covenant unless the local planning agency receives confirmation from the applicant that the restrictive covenant has been waived for the tract or parcel of land either by action of the other property holders subject to the restrictive covenant or by court order.
(C) As used in this section:
(1) 'permit' does not mean an authorization to build or place a structure on a tract or parcel of land; and
(2) 'restrictive covenant' does not mean a restriction concerning a type of structure that may be built or placed on a tract or parcel of land./
Renumber sections to conform.
Amend title to conform.
Rep. M. A. PITTS explained the amendment.
The amendment was then adopted.
The Senate Amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The motion period was dispensed with on motion of Rep. LIMEHOUSE.
The following Bill was taken up:
S. 332 (Word version) -- Senators Martin, Ritchie and Vaughn: A BILL TO AMEND SECTION 38-55-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO CLARIFY THAT "FALSE STATEMENT AND MISREPRESENTATION" INCLUDES A FALSE BUSINESS ACTIVITY REPORT, MISCOUNT OR MISCLASSIFICATION BY AN EMPLOYER OR EMPLOYEE, OR A FALSE CLAIM MADE BY AN EMPLOYEE TO OBTAIN AN ECONOMIC BENEFIT; TO AMEND SECTION 38-55-540, RELATING TO PENALTIES FOR A FALSE STATEMENT AND MISREPRESENTATION, SO AS TO INCREASE PENALTIES AND CREATE ADDITIONAL CATEGORIES; TO AMEND SECTION 38-55-560 BY ADDING SUBPARAGRAPH (E) AUTHORIZING THE ATTORNEY GENERAL TO HIRE A FORENSIC ACCOUNTANT TO BE ASSIGNED TO THE INSURANCE FRAUD DIVISION; TO AMEND SECTION 42-1-160, WHICH DEFINES "INJURY" AND "PERSONAL INJURY", SO AS TO ESTABLISH THE EMPLOYEE'S BURDEN OF PROOF AND FURTHER EXCLUDE CERTAIN CONDITIONS FROM "PERSONAL INJURY" AND EXCLUDE CERTAIN EVENTS FROM "ACCIDENT"; TO ADD SECTION 42-1-172, RELATING TO A REPETITIVE TRAUMA INJURY, SO AS TO ESTABLISH WHEN A REPETITIVE TRAUMA INJURY MAY BE COMPENSABLE; TO AMEND SECTION 42-1-375 SO AS TO EXEMPT AN OWNER-OPERATOR OF A VEHICLE LEASED TO A MOTOR CARRIER WHO HAS SIGNED AN INDEPENDENT CONTRACTOR AGREEMENT WITH A MOTOR CARRIER; TO AMEND SECTION 42-9-30 SO AS TO LIMIT THE DISABILITY AWARD TO TEN PERCENT GREATER THAN THE MEDICAL IMPAIRMENT RATING UNLESS THE COMMISSIONER FINDS EXTRAORDINARY CIRCUMSTANCES AND LISTS FACTORS TO BE CONSIDERED FOR EXTRAORDINARY CIRCUMSTANCES AND TO PRESUME FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK IS TOTAL AND PERMANENT DISABILITY; TO AMEND SECTION 42-11-10, RELATING TO OCCUPATIONAL DISEASE, SO AS TO ESTABLISH EMPLOYEE'S BURDEN OF PROOF, EXCLUDE CERTAIN TYPES OF CONDITIONS, AND PROVIDE THAT COMPENSATION IS NOT PAYABLE UNLESS CLAIMANT SUFFERS PERMANENT OR PARTIAL DISABILITY; TO AMEND SECTION 42-15-20, RELATING TO NOTICE FOR A REPETITIVE TRAUMA INJURY, SO AS TO REQUIRE NOTICE BE GIVEN NO LATER THAN NINETY DAYS AFTER EMPLOYEE COULD HAVE DISCOVERED THAT THE CONDITION IS COMPENSABLE; TO AMEND SECTION 42-15-40 SO AS TO BAR THE RIGHT TO COMPENSATION FOR A REPETITIVE TRAUMA INJURY UNLESS THE CLAIM IS FILED WITHIN TWO YEARS AFTER THE DEATH, DISABILITY, OR LAST DATE OF EMPLOYMENT; TO AMEND SECTION 42-15-60, RELATING TO EMPLOYER RESPONSIBILITY, SO AS TO ESTABLISH THAT AFTER TEN WEEKS AFTER DATE OF EMPLOYEE'S INJURY, EMPLOYEE MUST ESTABLISH BY MEDICAL RECORDS OR EXPERT MEDICAL TESTIMONY THAT ADDITIONAL TIME IS NEEDED TO LESSEN THE EMPLOYEE'S DEGREE OF IMPAIRMENT AND TO CLARIFY THAT AN EMPLOYER'S DUTY TO EMPLOYEE TERMINATES WHEN THERE IS NO FURTHER MEDICAL CARE THAT WOULD LESSEN THE DEGREE OF MEDICAL IMPAIRMENT AND IN NO CASE WOULD MEDICAL BENEFITS EXTEND FOR MORE THAN FIVE HUNDRED WEEKS AFTER THE DATE OF INJURY, EXCEPT IN CASES INVOLVING PARAPLEGIA, QUADRIPLEGIA AND PHYSICAL BRAIN DAMAGE; TO AMEND SECTION 42-15-95, RELATING TO THE RELEASE OF MEDICAL INFORMATION IN WORKERS' COMPENSATION CLAIMS, SO AS TO PROVIDE THAT AN EMPLOYEE SEEKING TREATMENT IS CONSIDERED TO HAVE GIVEN CONSENT FOR RELEASE OF MEDICAL RECORDS AND TO PROVIDE COMMUNICATION OPTIONS AMONG INTERESTED PARTIES; TO AMEND SECTION 42-17-90 SO AS TO ESTABLISH A ONE-YEAR PERIOD FOR CHANGE OF CONDITION IN CASES INVOLVING REPETITIVE TRAUMA OR OCCUPATIONAL DISEASE; TO AMEND SECTION 38-73-495 SO AS TO ACCOUNT FOR THIRD-PARTY REIMBURSEMENTS IN EXPERIENCE MODIFICATION; TO AMEND SECTION 42-7-310 SO AS TO REDUCE THE SECOND INJURY FUND ASSESSMENT FORMULA TO ONE HUNDRED AND THIRTY-FIVE PERCENT AND TO REQUIRE THE SECOND INJURY FUND DIRECTOR TO ANNUALLY SUBMIT INFORMATION TO THE NATIONAL COUNCIL ON COMPENSATION INSURANCE; TO AMEND SECTION 42-9-400, RELATING TO THE SECOND INJURY FUND, SO AS TO ELIMINATE "COMBINED EFFECTS OF PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY", TO FURTHER INCREASE THE NUMBER OF WEEKS TO ONE HUNDRED AND FOUR, TO INCREASE THE THRESHOLD FOR REIMBURSEMENT FOR MEDICAL PAYMENT FROM THREE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS, TO ELIMINATE "ARTHRITIS" AND "ANY OTHER PRE-EXISTING DISEASE, CONDITION OR IMPAIRMENT" FROM THE LIST OF PRESUMPTIONS FOR PERMANENT IMPAIRMENT, AND TO PROVIDE NOTICE PROVISIONS; TO AMEND SECTION 42-9-410 SO AS TO INCREASE THE NUMBER OF WEEKS TO ONE HUNDRED AND FOUR FOR SECOND INJURY FUND REIMBURSEMENT ELIGIBILITY; AND TO AMEND CHAPTER 73, TITLE 38.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\ 3307DW07), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 1, Title 42 of the 1976 Code is amended by adding:
"Section 42-1-172. (A) 'Repetitive trauma injury' means an injury which is gradual in onset and caused by the cumulative effects of repetitive traumatic events. Compensability of a repetitive trauma injury must be determined only under the provisions of this statute.
(B) An injury is not considered a compensable repetitive trauma injury unless a commissioner makes a specific finding of fact by a preponderance of the evidence of a causal connection that is established by medical evidence between the repetitive activities that occurred while the employee was engaged in the regular duties of his employment and the injury.
(C) As used in this section, 'medical evidence' means expert opinion or testimony stated to a reasonable degree of medical certainty, documents, records, or other material that is offered by a licensed and qualified medical physician.
(D) A 'repetitive trauma injury' is considered to arise out of employment only if it is established by medical evidence that there is a direct causal relationship between the condition under which the work is performed and the injury.
(E) Upon reaching maximum medical improvement, if the employee returns to work with the employer in whose employ the repetitive trauma injury was suffered, the employee is entitled only to benefits pursuant to Section 42-9-20, but not Section 42-9-30. Upon reaching maximum medical improvement, if the employee does not return to work with the employer in whose employ the repetitive trauma injury was suffered, the employee is entitled to benefits under either Section 42-9-10 or Section 42-9-30, but not both. Medical benefits for a compensable repetitive trauma injury is as provided elsewhere in this title."
SECTION 2. Chapter 1, Title 42 of the 1976 Code is amended by adding:
"Section 42-1-700. (A) An injured or affected body part and condition must be set forth with as much specificity as possible on the commission's 'Employee's Notice of Claim' or 'Request for Hearing' form, or both, referred to as 'Form 50'. A Form 50 shall not describe an injured body part or condition as 'whole person', 'whole body', 'all body parts', or other similar language unless the injured employee died as a result of the accident. No hearing may be held on a Form 50 which does not conform to the requirements of this subsection.
(B) Nothing in this section prohibits a commissioner from determining the compensability of a body part or condition not listed or described on a Form 50 if:
(1) the body part or condition is proved by a preponderance of the evidence to have arisen from the injury or injuries out of and in the course of employment as set forth on the Form 50;
(2) it is proven to the satisfaction of the commissioner that the employee had no knowledge of the injury or condition on the date of the completion of the Form 50. However, the employee is required to amend the Form 50 upon discovery of the injury or condition within a reasonable time period pursuant to regulation; or
(3) in the case of a represented employee, the body part or condition is set forth on the commission's Pre-Hearing Brief form, and the pre-hearing brief is filed timely with the commission and timely served upon the parties.
(C) A Form 50 must be signed by an attorney if the employee is represented, verifying that the contents of the form are accurate and true to the best of the attorney's knowledge. If the employee is not represented, the employee who signs a Form 50 shall verify that the contents of the form are accurate and true to the best of the employee's knowledge."
SECTION 3. Chapter 1, Title 42 of the 1976 Code is amended by adding:
"Section 42-1-705. (A) The commission's 'Employer's Answer to Request for Hearing' form, referred to as 'Form 51', must describe with as much specificity as possible the defenses to be relied upon by the defendants. A Form 51 shall not state that 'all defenses apply' or other similar language, unless such is actually the case. A Form 51 which does not conform to the requirements of this subsection may not be considered at a hearing.
(B) Nothing in this section prohibits a commissioner from considering a defense not listed on a Form 51 if:
(1) it is proven to the satisfaction of the commissioner that the defendants had no knowledge of the facts supporting the defense on the date of the completion of the Form 51; and
(2) in the case of represented defendants, the defense omitted on the Form 51 is set forth on the commission's Pre-Hearing Brief form, and the brief is filed timely with the commission and timely served upon the parties.
(C) A Form 51 must be signed by an attorney, verifying that the contents of the form are accurate and true to the best of the attorney's knowledge. If the employer is unrepresented and completes a Form 51, the employer shall sign the form, verifying that the contents are accurate and true to the best of the employer's knowledge."
SECTION 4. Chapter 9, Title 42 of the 1976 Code is amended by adding:
"Section 42-9-35. (A) The employee shall establish by a preponderance of the evidence, including medical evidence, that:
(1) the subsequent injury aggravated the preexisting condition or permanent physical impairment; or
(2) the preexisting condition or the permanent physical impairment aggravates the subsequent injury.
(B) The commission may award compensation benefits to an employee who has a permanent physical impairment or preexisting condition and who incurs a subsequent disability from an injury arising out of and in the course of his employment for the resulting disability of the permanent physical impairment or preexisting condition and the subsequent injury. However, if the subsequent injury is limited to a single body part or member scheduled in Section 42-9-30, except for total disability to the back as provided in Section 42-9-30(21), the subsequent injury must impair or affect another body part or system in order to obtain benefits in addition to those provided for in Section 42-9-30.
(C) As used in this section, 'medical evidence' means expert opinion or testimony stated to a reasonable degree of medical certainty, documents, records, or other material that is offered by a licensed health care provider.
(D) The provisions of this section apply whether or not the employer knows of the preexisting permanent disability.
(E) On and after the effective date of this section, an employee who suffers a subsequent injury which affects a single body part or member injury set forth in Section 42-9-30 is limited to the recovery set forth in that section."
SECTION 5. Section 1-23-600(D) of the 1976 Code, as last amended by Act 387 of 2006, is further amended to read:
"(D) An administrative law judge also shall preside over all appeals from final decisions of contested cases pursuant to the Administrative Procedures Act, Article I, Section 22, Constitution of the State of South Carolina, 1895, or another law, except that an appeal from a final order of the Public Service Commission and the State Ethics Commission is to the Supreme Court or the Court of Appeals as provided in the South Carolina Appellate Court Rules, an appeal from the Procurement Review Panel is to the circuit court as provided in Section 11-35-4410, an appeal from the Workers' Compensation Commission is to the circuit court Court of Appeals as provided in Section 42-17-60, and an appeal from the Employment Security Commission is to the circuit court as provided in Section 41-35-750."
SECTION 6. Section 14-8-200(a) of the 1976 Code, as last amended by Act 387 of 2006, is further amended to read:
"(a) Except as limited by subsection (b) and Section 14-8-260, the court has jurisdiction over any case in which an appeal is taken from an order, judgment, or decree of the circuit court, family court, a final decision of an agency, or a final decision of an administrative law judge, or the final decision of the Workers' Compensation Commission. This jurisdiction is appellate only, and the court shall apply the same scope of review that the Supreme Court would apply in a similar case. The court has the same authority to issue writs of supersedeas, grant stays, and grant petitions for bail as the Supreme Court would have in a similar case. The court, to the extent the Supreme Court may by rule provide for it to do so, has jurisdiction to entertain petitions for writs of certiorari in post-conviction relief matters pursuant to Section 17-27-100."
SECTION 7. Section 38-55-530(D) of the 1976 Code is amended to read:
"(D) 'False statement and misrepresentation' means a statement or representation made by a person that is false, material, made with the person's knowledge of the falsity of the statement, and made with the intent of obtaining or causing another to obtain or attempting to obtain or causing another to obtain an undeserved economic advantage or benefit or made with the intent to deny or cause another to deny any benefit or payment in connection with an insurance transaction and such shall constitute constitutes fraud. 'False statement and misrepresentation' specifically includes, but is not limited to, an intentional false report of business activities or the intentional miscount or misclassification by an employer of its employees to obtain a favorable insurance premium, payment schedule, or other economic benefit."
SECTION 8. Section 38-55-540 of the 1976 Code is amended to read:
"Section 38-55-540. (A) Any A person or an insurer who makes a false statement or misrepresentation, and any other person knowingly, with an intent to injure, defraud, or deceive, who assists, abets, solicits, or conspires with such a person or an insurer to make a false statement or misrepresentation, is guilty of a:
(1) misdemeanor, for a first offense violation, if the amount of the economic advantage benefit received is less than one thousand dollars. Upon conviction, the person must be punished by a fine fined not to exceed less than one hundred nor more than five hundred dollars or by imprisonment imprisoned not to exceed more than thirty days;
(2) misdemeanor, for a first offense violation, if the amount of the economic advantage benefit received is one thousand dollars or more but less than ten thousand dollars. Upon conviction, the person must be punished by a fine fined not to exceed less than two thousand nor more than fifty ten thousand dollars or by imprisonment for a term imprisoned not to exceed more than three years, or by both, such fine and imprisonment and shall pay the amount of restitution and tax owed;
(3) felony, for a first offense violation, if the amount of the economic advantage benefit received is ten thousand dollars or more but less than fifty thousand dollars. Upon conviction, the person must be fined not less than ten thousand nor more than fifty thousand dollars or imprisoned not more than five years, or both, and shall pay the amount of restitution and tax owed;
(4) felony, for a first offense violation, if the amount of the economic advantage benefit received is fifty thousand dollars or more. Upon conviction, the person must be fined not less than twenty thousand nor more than one hundred thousand dollars or imprisoned not more than ten years, or both, and shall pay the amount of restitution and tax owed;
(5) felony, for a second or subsequent violation, regardless of the amount of the economic advantage benefit received. Upon conviction, the person must be punished by a fine fined not to exceed less than ten thousand nor more than fifty thousand dollars or by imprisonment for a term imprisoned not to exceed more than ten years, or by both, such fine and imprisonment and shall pay the amount of restitution and tax owed.
(B) Any A person or an insurer convicted under pursuant to the provisions of this section must be ordered to make full restitution to the a victim or victims for any economic advantage or benefit which has been obtained by the person or insurer as a result of that violation."
SECTION 9. Section 38-55-560(E) of the 1976 Code is amended by adding at the end:
"(E) The Attorney General is authorized to hire, employ, and reasonably equip one forensic accountant, and this forensic accountant must be assigned to the Insurance Fraud Division of the Attorney General's Office. A person is not qualified to be hired and the Insurance Fraud Division may not hire a forensic accountant unless he possesses and maintains a current license to engage in the practice of accounting pursuant to the provisions of Chapter 2, Title 40."
SECTION 10. Section 42-1-10 of the 1976 Code is amended to read:
"Section 42-1-10. This title shall be known and cited as 'The South Carolina Workers' Compensation Law'. All references in this title to "workmen's compensation" shall mean "workers' compensation"; provided, however, all state agencies and departments and all political subdivisions of the State must exhaust the use of all current forms, stationery, and any other printed material before using, printing, or preparing any new forms, stationery, or printed material reflecting the change effected by this section. (A) This title may be cited as the 'South Carolina Workers' Compensation Law'.
(B) This title must be strictly construed and applied to promote its underlying purposes as provided in this section. Any case law inconsistent with the purposes provided in this title is specifically overruled.
(C) The purposes of this title and of the Workers' Compensation Law are to:
(1) pay timely temporary and permanent benefits to all legitimately injured workers that suffer an injury or disease arising out of and in the course and scope of their employment;
(2) pay reasonable and necessary medical expenses resulting from these injuries or diseases;
(3) improve workplace safety;
(4) encourage the return to work of injured workers;
(5) deter and punish fraud of agents, employers, employees, or any other party in the procurement of workers' compensation coverage, the providing of or denial of benefits, or the providing of medical treatment;
(6) promote the equitable and efficient resolution of workers' compensation claims; and
(7) ensure an economically viable workers' compensation system in South Carolina."
SECTION 11. Section 42-1-160 of the 1976 Code, as last amended by Act 424 of 1996, is further amended to read:
"Section 42-1-160. (A) 'Injury' and 'personal injury' shall mean only injury by accident arising out of and in the course of the employment that occurred while the employee was engaged in the regular duties of his employment and shall does not include a disease in any form, except when it results naturally and unavoidably from the accident and except such diseases as are compensable under the provisions of Chapter 11 of this title. In construing this section, an accident arising out of and in the course of employment shall include includes employment of an employee of a municipality outside the corporate limits of the municipality when the employment was ordered by a duly an authorized employee of the municipality.
(B) Stress, mental injuries, and mental illness arising out of and in the course of employment unaccompanied by physical injury and resulting in mental illness or injury is are not considered a personal injury unless it is established the employee establishes, by a preponderance of the evidence:
(1) that the stressful employee's employment conditions causing the stress, mental injury, or mental illness were extraordinary and unusual in comparison to the normal conditions of the particular employment; and
(2) the medical causation between the stress, mental injury, or mental illness, and the stressful employment conditions by medical evidence.
(C) Stress, mental injuries, heart attacks, strokes, embolisms, or aneurisms arising out of and in the course of employment unaccompanied by physical injury is are not considered compensable if it results they result from any event or series of events which is are incidental to normal employer/employee relations including, but not limited to, personnel actions by the employer such as disciplinary actions, work evaluations, transfers, promotions, demotions, salary reviews, or terminations, except when these actions are taken in an extraordinary and unusual manner.
(D) Stress, mental injuries, and mental illness alleged to have been aggravated by a work-related physical injury may not be found compensable unless the aggravation is:
(1) admitted by the employer/carrier;
(2) noted in a medical record of an authorized physician that, in the physician's opinion, the condition is at least in part causally-related or connected to the injury or accident, whether or not the physician refers the employee for treatment of the condition;
(3) found to be causally-related or connected to the accident or injury after evaluation by an authorized psychologist or psychiatrist; or
(4) noted in a medical record or report of the employee's physician as causally-related or connected to the injury or accident.
(E) In medically complex cases, an employee shall establish by medical evidence that the injury arose in the course of employment. If the medical evidence is conflicting or inconclusive, the commissioner may seek additional competent evidence, including lay testimony, to determine causation. The commissioner may not rely only on lay testimony to determine causation in medically complex cases, and the commissioner may not rely on any lay testimony that conflicts with expert medical evidence to determine causation. For purposes of this subsection, 'medically complex cases' means sophisticated cases requiring highly scientific procedures or techniques for diagnosis or treatment excluding MRI's, CAT scans, x-rays, or other similar diagnostic techniques.
(F) The word 'accident' as used in this title must not be construed to mean a series of events in employment, of a similar or like nature, occurring regularly, continuously, or at frequent intervals in the course of such employment, over extended periods of time. Any injury or disease attributable to such causes must be compensable only if culminating in a compensable repetitive trauma injury pursuant to Section 42-1-172 or an occupational disease pursuant to the provisions of Chapter 11 of this title.
(G) As used in this section, 'medical evidence' means expert opinion or testimony stated to a reasonable degree of medical certainty, documents, records, or other material that is offered by a licensed and qualified medical physician."
SECTION 12. Section 42-1-360 of the 1976 Code is amended to read:
"Section 42-1-360. This title shall does not apply to:
(1) a casual employees employee, as defined in Section 42-1-130, and Federal employees in this State;
(2) any person who has regularly employed in service less than four employees in the same business within the State or who had a total annual payroll during the previous calendar year of less than three thousand dollars regardless of the number of persons employed during that period;
(3) Textile Hall Corporation, an eleemosynary corporation whose principal object is the organizing and production of the Southern Textile Exposition;
(4) a state and county fair associations association;, unless any such the employer voluntarily elects to be bound by this title, as provided by Section 42-1-380.;
(4) an agricultural employees employee;, unless the agricultural employer voluntarily elects to be bound by this title, as provided by Section 42-1-380.;
(5) a railroad, railroad employee, railway express company, or railway express company employee; nor may this title be construed to repeal, amend, alter, or affect in any way the laws of this State relating to the liability of a railroad or railway express company for an injury to a respective employee;
(6) a person engaged in selling any agricultural product for a producer of them on commission or for other compensation, paid by a producer, when the product is prepared for sale by the producer;
(7) a licensed real estate sales person engaged in the sale, leasing, or rental of real estate for a licensed real estate broker on a straight commission basis and who has signed a valid independent contractor agreement with the broker;
(8) a federal employee in this State;
(9) an individual who owns or holds under a bona fide lease agreement a tractor-trailer, tractor, or other vehicle, referred to as 'vehicle', and who, under an independent contractor contract, pursuant to 49 C.F.R. Part 376, provides that vehicle and the individual's services as a driver to a motor carrier. For purposes of this item, any lease, lease-purchase, or installment-purchase of the vehicle may not be between the individual and the motor carrier referenced in this title, but it may be between the individual and an affiliate, subsidiary, or related entity or person of the motor carrier, or any other lessor or seller. Where the lease, lease-purchase, or installment-purchase is between the individual and an affiliate, subsidiary, or related entity or person of the motor carrier, or any other lessor or seller, the vehicle acquisition or financing transaction must be on terms equal to terms available in customary and usual retail transactions generally available in the State. This individual is considered an independent contractor and not an employee of the motor carrier under this title. The individual and the motor carrier to whom the individual contracts or leases the vehicle mutually may agree that the individual or workers, or both, is covered under the motor carrier's workers' compensation policy or authorized self-insurance if the individual agrees to pay the contract amounts requested by the motor carrier. Under any such agreement, the independent contractor or workers, or both, must be considered an employee of the motor carrier only for the purposes of this title and for no other purposes."
SECTION 13. Section 42-3-20 of the 1976 Code is amended to read:
"Section 42-3-20. (A) The commission shall consist of seven eleven members appointed by the Governor with the advice and consent of the Senate for terms of six years and until their successors are appointed and qualify. If the Governor does not fill a vacancy within sixty days after the vacancy occurs, the commission by majority vote shall deputize a person with suitable experience, training, and knowledge to serve as a deputy commissioner to serve until such time as the Governor fills the vacancy. As soon as the Governor appoints a replacement who is confirmed by the Senate, the deputy commissioner immediately ceases to serve in that office. While serving as a deputy commissioner, the deputy commissioner has the power and authority to swear or cause the witnesses to be sworn and shall transmit all testimony and shall make a recommendation to the commission for an award. The commission shall determine the award based upon testimony received by the deputy commissioner and may consider the deputy commissioner's recommendation.
(B) The Governor, with the advice and consent of the Senate, shall designate one commissioner as chairman for a term of two years, and the chairman may serve two terms in during his six-year term but not consecutively. At the conclusion of a commissioner's two-year term as chairman, the Governor shall appoint another chairman. If the Governor does not appoint another chairman at the expiration of the two-year term, a majority of the commission shall elect from among their members an interim chairman who shall serve until the Governor appoints another chairman other than the one last appointed. A deputy commissioner is not eligible to serve as chairman.
(C) The commissioners, other than the chairman, shall hear and determine all contested cases, conduct informal conferences when necessary, approve settlements, hear applications for full Commission reviews and handle such other matters as may come before the department for judicial disposition. Full Commission reviews shall review hearings must be conducted by six commissioners only, with the original hearing commissioner not sitting at such reviews. When one commissioner is temporarily incapacitated or a vacancy exists on the Commission, reviews may be conducted by the five remaining commissioners but in such cases decisions of the hearing commissioner shall not be reversed except on the vote of at least four commissioners; provided, however, that effective July 1, 1981 full Commission reviews may be conducted by three-member panels composed of three commissioners appointed by the chairman excluding the original hearing commissioner. The chairman, with unanimous approval the other commissioners, shall determine which full commission reviews shall be assigned to panels. The decisions of such panels shall have the same force and effect as nonpanel full commission reviews an appellate panel, made up of three commissioners, other than the chairman, with the most seniority on the commission. If there is the absence of one or more of the appellate panel members, the chairman of the commission shall serve as a member of the appellate panel. The commissioners who are designated as members of the appellate panel must not be assigned as hearing commissioners, but shall hear and decide petitions for review of single commissioner decisions on a full-time basis."
SECTION 14. Section 42-9-30 of the 1976 Code, as last amended by Act 412 of 1988, is further amended to read:
"Section 42-9-30. In cases included in the following schedule, the disability in each case shall be deemed is considered to continue for the period specified and the compensation so paid for such the injury shall be is as specified therein, to wit:
(1) for the loss of a thumb sixty-six and two-thirds percent of the average weekly wages during sixty-five weeks;
(2) for the loss of a first finger, commonly called the index finger, sixty-six and two-thirds percent of the average weekly wages during forty weeks;
(3) for the loss of a second finger, sixty-six and two-thirds percent of the average weekly wages during thirty-five weeks;
(4) for the loss of a third finger, sixty-six and two-thirds percent of the average weekly wages during twenty-five weeks;
(5) for the loss of a fourth finger, commonly called the little finger, sixty-six and two-thirds percent of the average weekly wages during twenty weeks;
(6) the loss of the first phalange of the thumb or any finger shall be is considered to be equal to the loss of one half of such thumb or finger and the compensation shall must be for one half of the periods of time above specified;
(7) the loss of more than one phalange shall be is considered the loss of the entire finger or thumb; provided, however, that in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand;
(8) for the loss of a great toe, sixty-six and two-thirds percent of the average weekly wages during thirty-five weeks;
(9) for the loss of one of the toes other than a great toe, sixty-six and two-thirds percent of the average weekly wages during ten weeks;
(10) the loss of the first phalange of any toe shall be is considered to be equal to the loss of one half of such toe and the compensation shall must be for one half the periods of time above specified;
(11) the loss of more than one phalange shall be is considered as the loss of the entire toe;
(12) for the loss of a hand, sixty-six and two-thirds percent of the average weekly wages during one hundred and eighty-five weeks;
(13) for the loss of an arm, sixty-six and two-thirds percent of the average weekly wages during two hundred twenty weeks;
(14) for the loss of a shoulder, sixty-six and two-thirds percent of the average weekly wages during three hundred weeks;
(15) for the loss of a foot, sixty-six and two-thirds percent of the average weekly wages during one hundred forty weeks;
(15)(16) for the loss of a leg, sixty-six and two-thirds percent of the average weekly wages during one hundred ninety-five weeks;
(17) for the loss of a hip, sixty-six and two-thirds percent of the average weekly wages during two hundred eighty weeks;
(16)(18) for the loss of an eye, sixty-six and two-thirds percent of the average weekly wages during one hundred forty weeks;
(17)(19) for the complete loss of hearing in one ear, sixty-six and two-thirds percent of the average weekly wages during eighty weeks; and for the complete loss of hearing in both ears, sixty-six and two-thirds percent of the average weekly wages during one hundred sixty-five weeks, and the commission, shall by regulation, shall provide for the determination of proportional benefits for total or partial loss of hearing based on accepted national medical standards.;
(18)(20) total loss of use of a member or loss of vision of an eye shall be is considered as equivalent to the loss of such the member or eye. The compensation for partial loss of or for partial loss of use of a member or for partial loss of vision of an eye shall be such is the proportion of the payments herein provided in this section for total loss as such partial loss bears to total loss.;
(19)(21) for the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three hundred weeks. The compensation for partial loss of use of the back shall be such is the proportions of the periods of payment herein provided in this section for total loss as such partial loss bears to total loss, except that in cases where there is fifty percent or more loss of use of the back, in which event the injured employee shall be deemed to have suffered total and permanent disability and compensated therefor under paragraph two of section 42-9-10.;
(20)(22) for the total or partial loss of, or loss of use of, a member, organ, or part of the body not covered herein in this section and not covered under Sections Section 42-9-10 or 42-9-20, sixty-six and two- thirds of the average weekly wages not to exceed five hundred weeks. The commission, shall by regulations regulation, shall prescribe the ratio which the partial loss or loss or partial loss of use of a particular member, organ, or body part bears to the whole man, basing such these ratios on accepted medical standards and such these ratios shall determine the benefits payable under this subsection.;
(21)(23) proper and equitable benefits shall must be paid for serious permanent disfigurement of the face, head, neck, or other area normally exposed in employment, not to exceed fifty weeks. Where benefits are paid or payable for injury to or loss of a particular member or organ under other provisions of this title, no additional benefits shall must not be paid under this paragraph item, except that disfigurement shall also include includes compensation for serious burn scars or keloid scars on the body resulting from injuries, in addition to any other compensation.
The weekly compensation payments referred to in this section shall all be are subject to the same limitations as to maximum and minimum as set out in Section 42-9-10."
SECTION 15. Section 42-9-150 of the 1976 Code is amended to read:
"Section 42-9-150. If an employee has a permanent disability or has sustained a permanent injury in service in the Army or Navy of the that resulted from serving in the United States Armed Forces or in another employment other than that in which he receives a subsequent permanent injury by accident, such as specified in Section 42-9-30 or the second paragraph of Section 42-9-10, he shall be is entitled to compensation only for the degree of disability which would have resulted from the later accident if the earlier disability or injury had not existed, except that such the employee may receive further benefits as provided by Sections 42-7-310, 42-9-400 and 42-9-410 Title if his subsequent injury qualifies for additional benefits provided therein under Section 42-9-35."
SECTION 16. Section 42-9-170 of the 1976 Code is amended to read:
"Section 42-9-170. (A) If an employee receives a permanent injury as specified in Section 42-9-30 or the second paragraph of Section 42-9-10 after having sustained another permanent injury in the same employment, he shall be is entitled to compensation for both injuries, but the total compensation shall must be paid by extending the period and not by increasing the amount of weekly compensation, and in no case exceeding five hundred weeks. If an employee has previously has incurred permanent partial disability through the loss of a hand, arm, shoulder, foot, leg, hip, or eye and by subsequent accident incurs total permanent disability through the loss of another member, the employer's liability is for the subsequent injury only, except that such the employee may receive further benefits as provided by Sections 42-7-310, 42-9-400, and 42-9-410 if his subsequent injury qualifies for additional benefits provided therein in those sections. This subsection is effective until June 30, 2008.
(B) If an employee receives a permanent injury as specified in Section 42-9-30 or the second paragraph of Section 42-9-10 after having sustained another permanent injury in the same employment, he is entitled to compensation for both injuries, but the total compensation must be paid by extending the period and not by increasing the amount of weekly compensation, and in no case exceeding five hundred weeks. If an employee previously has incurred permanent partial disability through the loss of a hand, arm, shoulder, foot, leg, hip, or eye and by subsequent accident incurs total permanent disability through the loss of another member, the employer's liability is for the subsequent injury only, except that the employee may receive further benefits as provided under the provisions of Section 42-9-35. This subsection is effective on July 1, 2008."
SECTION 17. A. Section 42-9-400(d) of the 1976 Code is amended to read:
"(d)(1) As used in this section, 'permanent physical impairment' means any permanent condition, whether congenital or due to injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining reemployment if the employee should become unemployed.
When an employer establishes his prior knowledge of the permanent impairment, then there shall be a presumption that the condition is permanent and that a hindrance or obstacle to employment or reemployment exists when the condition is one of the following impairments:
(1) Epilepsy
(2) Diabetes
(3) Cardiac disease
(4) Arthritis
(5) Amputated foot, leg, arm or hand
(6) Loss of sight of one or both eyes or partial loss of uncorrected vision of more than seventy-five percent bilateral
(7) Residual disability from Poliomyelitis
(8) Cerebral palsy
(9) Multiple sclerosis
(10) Parkinson's disease
(11) Cerebral vascular accident
(12) Tuberculosis
(13) Silicosis
(14) Psychoneurotic disability following treatment in a recognized medical or mental institution
(15) Hemophilia
(16) Chronic ostemyelitis
(17) Ankylosis of joints
(18) Hyperinsulinism
(19) Muscular dystrophy
(20) Arteriosclerosis
(21) Thrombophlebitis
(22) Varicose Veins
(23) Heavy metal poisoning
(24) Ionizing radiation injury
(25) Compressed air sequelae
(26) Ruptured intervertebral disc
(27) Hodgkins disease
(28) Brain damage
(29) Deafness
(30) Cancer
(31) Sickle-cell anemia
(32) Pulmonary disease
(33) Mental retardation provided the employee's intelligence quotient is such that he falls within the lowest percentile of the general population. However, it shall not be necessary for the employer to know the employee' s actual intelligence quotient or actual relative ranking in relation to the intelligence quotient of the general population.
(34) Any other pre-existing disease, condition or impairment which is permanent in nature and which:
(a) Would qualify for payment of weekly disability benefits of seventy-eight weeks or more under Section 42-9-30 exclusive of benefits payable for disfigurement; or
(b) Would support a rating of seventy-eight or more weeks of weekly disability benefits when evaluated according to the standards applied to Workers' Compensation claims in South Carolina, or combines with a subsequent injury to cause a permanent impairment rated at seventy-eight weeks or more under Section 42-9-30
(i) amputated foot, leg, arm, or hand;
(ii) loss of sight of one or both eyes or partial loss of uncorrected vision of more than seventy-five percent bilateral;
(iii) ruptured intervertebral disc.
(2) If the paid claims of the fund for the fiscal year ending June 30, 2012, equal or exceed the total sum of eight million dollars, the Second Injury Fund shall not reimburse an employer or insurance carrier for an otherwise qualifying injury that occurs after June 30, 2012, but shall continue reimbursing employers and insurance carriers for qualifying claims resulting from injuries occurring on or before June 30, 2012. The Budget and Control Board shall provide for the efficient and expeditious closure of the fund with the orderly winding down of the affairs of the fund so that the remaining liabilities of the fund are paid utilizing assessments, accelerated assessments, annuities, loss portfolio transfers, or such other mechanisms as determined necessary to fund any remaining liabilities of the fund.
(3) If the paid claims of the fund for the fiscal year ending June 30, 2012, do not exceed the total sum of eight million dollars, the Budget and Control Board shall require an audit to be conducted of fund liabilities on June 30, 2012. Funding for this audit must be obtained from funds deposited in the fund's trust fund. Based on the information in the audit, the Budget and Control Board shall prepare a report to the Speaker of the House of Representatives and to the President Pro Tempore of the Senate, not later than January 1, 2013. The report must include its evaluation of the fund's operations."
B. On or after the effective date of this act, the Second Injury Fund shall not accept a claim for reimbursement from any employer or insurance carrier for any subsequent impairment unless the preexisting impairment is one of the permanent physical impairments enumerated in Section 42-9-400(d)(1).
C. The amendment to Section 42-9-400(d) of the 1976 Code as contained in this section is not intended to effect workers' compensation benefits to injured employees provided in any other provision of law."
SECTION 18. Section 42-11-10 of the 1976 Code is amended to read:
"Section 42-11-10. (A) The words 'Occupational disease' mean means a disease arising out of and in the course of employment which that is due to hazards in excess of those ordinarily incident to employment and is peculiar to the occupation in which the employee is engaged. A disease shall be deemed is considered an occupational disease only if caused by a hazard recognized as peculiar to a particular trade, process, occupation, or employment as a direct result of continuous exposure to the normal working conditions thereof of that particular trade, process, occupation, or employment. In a claim for an occupational disease, the employee shall establish that the occupational disease arose directly and naturally from exposure in this State to the hazards peculiar to the particular employment with clear and convincing evidence.
(B) No A disease shall be deemed is not considered an occupational disease when if it:
(1) It does not result directly and naturally from exposure in this State to the hazards peculiar to the particular employment;
(2) It results from exposure to outside climatic conditions;
(3) It is a contagious disease resulting from exposure to fellow employees or from a hazard to which the workman would have been equally exposed outside of his employment;
(4) It is one of the ordinary diseases of life to which the general public is equally exposed, unless such disease follows as a complication and a natural incident of an occupational disease or unless there is a constant exposure peculiar to the occupation itself which makes such disease a hazard inherent in such occupation;
(5) It is any disease of the cardiac, pulmonary, or circulatory system not resulting directly from abnormal external gaseous pressure exerted upon the body or the natural entrance into the body through the skin or natural orifices thereof of the body of foreign organic or inorganic matter under circumstances peculiar to the employment and the processes utilized therein in that particular trade, process, occupation, or employment; or
(6) It is any a chronic disease of the skeletal joints; or
(7) is a condition of the neck, back, or spinal column.
(C) Compensation is not payable for any occupational disease unless the claimant suffers disability as described in Section 42-9-10 or 42-9-20, and disability from an occupational disease is not compensable pursuant to the provisions of Section 42-9-30."
SECTION 19. Section 42-15-60 of the 1976 Code is amended to read:
"Section 42-15-60. (A) The employer shall provide medical, surgical, hospital, and other treatment, including medical and surgical supplies as may reasonably may be required, for a period not exceeding ten weeks from the date of an injury, to effect a cure or give relief and for such an additional time as in the judgment of the commission will tend to lessen the period of disability and, degree of medical impairment, as evidenced by expert medical evidence stated to a reasonable degree of medical certainty. In addition thereto to it, such the original artificial members as may be reasonably may be necessary at the end of the healing period shall must be provided by the employer. In case of a controversy arising between employer and employee, the commission may order such further medical, surgical, hospital or other treatment as may in the discretion of the Commission be necessary. During the whole or any part of the remainder any period of disability resulting from the injury, the employer may, at his own option, may continue to furnish or cause to be furnished, free of charge to the employee, and the employee shall accept, an attending physician, unless otherwise ordered by the commission and, in addition, such surgical and hospital service and supplies as may be deemed and any medical care or treatment that is considered necessary by such the attending physician, or the commission unless otherwise ordered by the commission for good cause shown. The refusal of an employee to accept any medical, hospital, surgical, or other treatment or evaluation when provided by the employer or ordered by the commission shall bar such bars the employee from further compensation until such the refusal ceases and no compensation shall at any time be is not paid for the period of suspension refusal unless in the opinion of the commission the circumstances justified the refusal, in which case the commission may order a change in the medical or hospital service. If in an emergency, on account of the employer's failure to provide the medical care as specified in this section, a physician other than provided by the employer is called to treat the injured employee, the reasonable cost of such the service shall must be paid by the employer, if so ordered by the commission.
(B) In cases in which total and permanent disability results, reasonable and necessary nursing services, medicines, prosthetic devices, sick travel, medical, hospital, and other treatment or care shall be paid during the life of the injured employee, without regard to any limitation in this title including the maximum compensation limit. In cases of partial permanent disability, prosthetic devices shall be also furnished during the life of the injured employee or so long as they are necessary. In a case that does not involve an award of permanent and total disability benefits provided by Section 42-9-10, the employee has the burden of proving by clear and convincing evidence that all medical benefits claimed following the date of last payment of disability benefits or, in cases where no disability benefits were paid, the date of the accident, were reasonably necessary to lessen the employee's causally-related medical impairment. After an employee has reached maximum medical improvement, the employee's entitlement to additional medical benefits is limited to that provided in this section, unless the employee files a timely petition for review of the order or award on grounds of change of condition provided by Section 42-17-90. In a case involving an award of total disability benefits provided by Section 42-9-10, the employee has the burden of proving by a preponderance of the evidence that all medical benefits claimed more than ten weeks after the accident were proximately caused by the accident."
SECTION 20. Section 42-15-80 of the 1976 Code is amended to read:
"Section 42-15-80. (A) After an injury and so long as he claims compensation, the employee, if so requested by his employer or ordered by the commission, shall submit himself to examination, at reasonable times and places, by a duly qualified physician or surgeon designated and paid by the employer or the commission. The employee shall have has the right to have present at such the examination any duly qualified physician or surgeon provided and paid by him. No A fact communicated to or otherwise learned by any physician or surgeon who may have attended or examined the employee, or who may have been present at any examination, shall be is not privileged, either in hearings provided for by this title or any action at law brought to recover damages against any an employer who may have accepted the compensation provisions of this title. If the employee refuses to submit himself to or in any way obstructs such the examination requested by and provided for by the employer, his right to compensation and his right to take or prosecute any proceedings a proceeding under this title shall must be suspended until such the refusal or objection ceases and no compensation shall is not payable at any time be payable for the period of suspension unless in the opinion of the commission the circumstances justify the refusal or obstruction. The employer or the commission may require in any case of death require an autopsy at the expense of the person requesting it.
(B) A physician, surgeon, or other health care provider may discuss and otherwise communicate an employee's medical history, diagnosis, causation, course of treatment, prognosis, work restrictions, and impairments with the representative of the insurance carrier, the employer, the employee, their respective attorney, or the commission without the employee's permission. A discussion, disclosure, or communication made by a physician, surgeon, or other health care provider pursuant to this section is not a violation of physician-patient confidentiality.
(C) The commission shall promulgate regulations establishing the role of rehabilitation professionals and other similarly situated professionals in workers' compensation cases with consideration given to these person's duties to both the employer and the employee and the standards of care applicable to the rehabilitation professional or other similarly situated professional as the case may be."
SECTION 21. Section 42-15-95 of the 1976 Code, as last amended by Act 468 of 1994, is further amended to read:
"Section 42-15-95. (A) As used in this section, 'medical and vocational information' means information collected in the process of assessing, planning, coordinating, monitoring, or evaluating the services required to address a claimant's health care needs through quality care promoting optimal recovery and rehabilitation.
(B) All existing information compiled by A health care facility, as defined in Section 44-7-130, or a health care provider licensed pursuant to Title 40 shall furnish all medical and vocational information pertaining directly to a workers' compensation claim must be provided to the insurance carrier, the employer, the employee, their attorneys, or the South Carolina Workers' Compensation Commission, within fourteen days after receipt of written request.
(C) A health care facility and a health care provider may charge a fee for the search and duplication of a medical record, but the fee may not exceed sixty-five cents per for each page for the first thirty pages and fifty cents per for each page for all other pages, and a clerical fee for searching and handling not to exceed fifteen dollars per for each request plus actual postage and applicable sales tax. The facility or provider may charge a patient or the patient's representative no more than the actual cost of reproduction of an x-ray. 'Actual cost' means the cost of materials and supplies used to duplicate the x-ray and the labor and overhead costs associated with the duplication.
(D) If a treatment facility or physician fails to send furnish the requested information within forty-five days after receipt of the request, the person or entity making the request may apply to the commission for an appropriate penalty payable to the commission, not to exceed two hundred dollars."
SECTION 22. Section 42-17-60 of the 1976 Code, as last amended by Act 439 of 1990, is further amended to read:
"Section 42-17-60. The award of the commission, as provided in Section 42-17-40, if not reviewed in due time, or an award of the commission upon such the review, as provided in Section 42-17-50, is conclusive and binding as to all questions of fact. However, either party to the dispute, within thirty days from the date of the award or within thirty days after receipt of notice to be sent by registered mail of the award, but not thereafter whichever is the longest, may appeal from the decision of the commission to the Court of common pleas of the county in which the alleged accident happened, or in which the employer resides or has his principal office, for errors of law under the same terms and conditions as govern appeals in ordinary civil actions Appeals. Notice of appeal must state the grounds of the appeal or the alleged errors of law. In case of an appeal from the decision of the commission on questions of law, the appeal does not operate as a supersedeas and thereafter after that the employer is required to make payment of the award involved in the appeal or certification until the questions at issue have been fully determined in accordance with the provisions of this title."
SECTION 23. Section 42-17-90 of the 1976 Code is amended to read:
"Section 42-17-90. Upon On its own motion or upon on the application of any a party in interest on the ground of a change in condition, the commission may review any an award and on such that review may make an award ending, diminishing, or increasing the compensation previously awarded, on proof by clear and convincing evidence that there has been a physical change of condition caused by the original injury, after the last payment of compensation. An award is subject to the maximum or minimum provided in this title, and shall the commission immediately shall send to the parties a copy of the order changing the award. No such The review shall does not affect such the award as regards any moneys monies paid and no such the review shall must not be made after twelve months from the date of the last payment of compensation pursuant to an award under provided by this title. In occupational disease cases, a review must not be made after twelve months from the date of the last payment of compensation provided by Section 42-9-10 or 42-9-20."
SECTION 24. Sections 42-1-350, 42-1-370, 42-1-375, and 42-9-80 of the 1976 Code are repealed.
SECTION 25. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 26. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. CATO explained the amendment.
Rep. CATO spoke in favor of the amendment.
The amendment was then adopted.
Rep. G. M. SMITH moved that the House recede until 1:45 p.m., which was agreed to.
Further proceedings were interrupted by the House receding, the pending question being consideration of amendments.
At 1:45 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
Rep. JEFFERSON moved that the House recur to the Morning Hour, which was agreed to.
The following was received:
Columbia, S.C., May 15, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Courson, Matthews and Hayes of the Committee of Conference on the part of the Senate on S. 139:
S. 139 (Word version) -- Senators Knotts and Elliott: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR HOMES WHICH QUALIFY AS A PRIMARY OR SECONDARY RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAX, SO AS TO INCLUDE TRAILERS USED FOR CAMPING AND RECREATIONAL TRAVEL PULLED BY A MOTOR VEHICLE.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 16, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 174:
S. 174 (Word version) -- Senator Elliott: A BILL TO AMEND ACT 452 OF 2000, RELATING TO PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE HORRY COUNTY TRANSPORTATION COMMITTEE, SO AS TO PROVIDE THAT THE CHAIRMAN OF THE HORRY COUNTY TRANSPORTATION COMMITTEE MUST BE PAID AN ADDITIONAL SEVENTY-FIVE DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3934 (Word version) -- Reps. McLeod, Jennings, Allen, Haskins, G. M. Smith and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "JUDICIAL ENHANCEMENT ACT", BY ADDING SECTION 14-17-380 SO AS TO DIRECT EACH COUNTY CLERK OF COURT TO REPORT CERTAIN INFORMATION TO COURT ADMINISTRATION REGARDING INDICTMENTS; BY ADDING ARTICLE 3 TO CHAPTER 27, TITLE 15 SO AS TO PROVIDE A PROCEDURE FOR THE ASSIGNMENT OF A SINGLE CIRCUIT COURT JUDGE TO COMPLEX CIVIL ACTIONS; BY ADDING SECTION 20-7-405 SO AS TO EMPOWER A FAMILY COURT JUDGE TO APPOINT A HEARING OFFICER TO HEAR MATTERS INSTITUTED IN THE FAMILY COURT; BY ADDING SECTION 20-7-425 SO AS TO FACTORS FOR THE FAMILY COURT TO CONSIDER WHEN DETERMINING ATTORNEY'S FEES; TO AMEND SECTION 8-21-1010, AS AMENDED, RELATING TO THE SCHEDULE OF FEES AND COSTS TO BE COLLECTED BY MAGISTRATES, SO AS TO INCREASE THE FEE IN ALL CIVIL ACTIONS, FOR ISSUING A SUMMONS AND COPY FOR THE DEFENDANT, AND FOR FILING JUDGMENT WITH OR WITHOUT A HEARING FROM FORTY-FIVE DOLLARS TO ONE HUNDRED TWENTY DOLLARS; TO AMEND SECTION 17-27-70, RELATING TO POST-CONVICTION RELIEF PROCEDURES, SO AS TO REVISE THE PROCEDURE FOR JUDICIAL REVIEW OF POST-CONVICTION RELIEF FILINGS TO INCLUDE THE ISSUANCE OF A CERTIFICATE OF PROBABLE CAUSE; TO AMEND SECTION 22-3-10, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES COURTS, SO AS TO INCREASE THE CIVIL JURISDICTION FROM SEVEN THOUSAND FIVE HUNDRED DOLLARS TO FIFTEEN THOUSAND DOLLARS; TO AMEND SECTION 22-3-545, RELATING TO TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATES COURT, SO AS TO DELETE THE EXISTING PROVISIONS AND PROVIDE THAT A CASE MAY BE TRANSFERRED TO MAGISTRATES COURT IF THE PENALTY FOR THE CRIME DOES NOT EXCEED ONE YEAR OR IS A CRIME CLASSIFIED AS A MISDEMEANOR; AND TO AMEND SECTION 24-13-150, RELATING TO SERVICE OF A SENTENCE BY A PERSON WHO COMMITS A "NO PAROLE OFFENSE", SO AS TO ALLOW THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO FURTHER REDUCE AN OFFENDER'S SENTENCE BELOW THE MANDATED EIGHTY-FIVE PERCENT REQUIREMENT DOWN TO SEVENTY-FIVE PERCENT UNDER CERTAIN CIRCUMSTANCES.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3176 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND SECTION 61-6-4550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON OFFERING DISCOUNT PRICES FOR THE SALE OF ALCOHOLIC LIQUORS FOR ON-PREMISES CONSUMPTION AT CERTAIN TIMES, SO AS TO ALSO PERMIT DISCOUNT SALES ON ONE FULL DAY OF THE WEEK.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3827 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 61-6-4160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNDAY AND ELECTION DAY SALES OF ALCOHOLIC LIQUORS, SO AS TO DELETE THE PROHIBITION ON THE SALE OF ALCOHOLIC LIQUORS ON STATEWIDE ELECTION DAYS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3852 (Word version) -- Reps. Harrison and McLeod: A BILL TO AMEND SECTION 44-4-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S EMERGENCY HEALTH POWERS, SO AS TO REVISE THE DEFINITION OF "QUALIFYING HEALTH CONDITION" AND "TRIAL COURT"; TO AMEND SECTION 44-4-320, RELATING TO POWERS AND DUTIES REGARDING SAFE DISPOSAL OF HUMAN REMAINS, SO AS TO SPECIFY THAT EXISTING PROVISIONS IN THE STATE EMERGENCY OPERATIONS PLAN GOVERN THE DISPOSAL OF REMAINS AND IF THE PLAN IS NOT SUFFICIENT, MEASURES MAY BE ADOPTED RELATING TO, AMONG OTHER THINGS, DEATH CERTIFICATE AND AUTOPSY PROCEDURES; TO AMEND SECTION 44-4-530, RELATING TO ISOLATION AND QUARANTINE OF INDIVIDUALS OR GROUPS AND PENALTIES FOR NONCOMPLIANCE, SO AS TO CHANGE A MISDEMEANOR OFFENSE TO A FELONY OFFENSE FOR FAILING TO COMPLY WITH THE DEPARTMENT'S ISOLATION AND QUARANTINE RULES AND ORDERS AND TO PROHIBIT AN EMPLOYER FROM FIRING, DEMOTING, OR DISCRIMINATING AGAINST AN EMPLOYEE COMPLYING WITH AN ISOLATION OR QUARANTINE ORDER; TO AMEND SECTION 44-4-540, RELATING TO ISOLATION AND QUARANTINE PROCEDURES, SO AS TO PROVIDE THAT THE ISOLATION AND QUARANTINING OF INDIVIDUALS AND GROUPS UNDER OTHER PROVISIONS OF LAW MUST BE CARRIED OUT PURSUANT TO THIS SECTION; AND TO AMEND SECTION 44-4-570, RELATING TO ADDITIONAL EMERGENCY HEALTH POWERS AND PROCEDURES REGARDING LICENSING OF HEALTH PERSONNEL, SO AS TO FURTHER SPECIFY THE USE OF IN-STATE AND OUT-OF-STATE VOLUNTEER HEALTH CARE PROVIDERS, TO PROVIDE THAT IMMUNITY FROM LIABILITY FOR VOLUNTEER HEALTH CARE PROVIDERS IN A STATE OF PUBLIC HEALTH EMERGENCY APPLIES WHETHER OR NOT THE VOLUNTEER RECEIVES FINANCIAL GAIN FOR THE VOLUNTEER SERVICES, AND TO PROVIDE SUCH IMMUNITY TO EMERGENCY ASSISTANT MEDICAL EXAMINERS OR CORONERS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 182 (Word version) -- Senators Fair, Campsen, Richardson, Hayes and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-1-285 SO AS TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS IN CONJUNCTION WITH THE DEPARTMENT OF COMMERCE SHALL DEVELOP AND MAINTAIN A MARKETING PLAN TO ATTRACT PRIVATE SECTOR BUSINESSES FOR THE EMPLOYMENT OF INMATES THROUGH THE PRISON INDUSTRIES PROGRAM; AND BY ADDING SECTION 24-1-290 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS SHALL DEDUCT CERTAIN AMOUNTS FROM THE GROSS EARNINGS OF THE INMATES ENGAGED IN PRISON INDUSTRY SERVICE WORK.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 391 (Word version) -- Senators Knotts, Elliott, Grooms, Drummond, Ford, Anderson, McGill and Mescher: A BILL TO AMEND SECTION 17-5-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACANCIES IN THE OFFICE OF CORONER, SO AS TO REVISE THE MANNER IN WHICH A VACANCY IS FILLED AND FOR THE MANNER IN WHICH THE DUTIES OF THE CORONER SHALL BE PERFORMED; TO AMEND SECTION 17-5-70, AS AMENDED, RELATING TO THE APPOINTMENT OF DEPUTIES BY THE COUNTY CORONER, SO AS TO PERMIT THE COUNTY CORONER TO ALSO APPOINT INVESTIGATORS AS WELL AS DEPUTIES AND TO MAKE THESE APPOINTMENTS DISCRETIONARY RATHER THAN MANDATORY; TO AMEND SECTION 17-7-10, RELATING TO ORDERING OF AUTOPSIES, SO AS TO REQUIRE THE CORONER AND MEDICAL EXAMINER TO IMMEDIATELY REQUEST AN AUTOPSY IF A CHILD'S DEATH IS UNATTENDED; TO AMEND SECTION 20-7-5915, AS AMENDED, RELATING TO THE PURPOSES AND DUTIES OF THE STATE LAW ENFORCEMENT DIVISION IN REGARD TO INVESTIGATING CHILD DEATHS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AUTOPSIES ARE PERFORMED IN THESE CIRCUMSTANCES; TO AMEND SECTION 20-7-5920, AS AMENDED, RELATING TO THE DUTIES OF THE STATE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO PROVIDE THAT THE COMMITTEE ALSO SHALL MEET WITH THE CORONER FROM THE COUNTY IN WHICH CHILD DEATHS OCCUR; AND TO REPEAL SECTION 17-5-80 RELATING TO A MAGISTRATE ACTING AS A CORONER IN CERTAIN CASES.
Ordered for consideration tomorrow.
The following was introduced:
H. 4094 (Word version) -- Reps. Huggins, Ott, Haley, Bingham, McLeod, Spires, Toole, E. H. Pitts, Frye and Ballentine: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND MR. BILL HARMON OF LEXINGTON COUNTY FOR RECEIVING COLONIAL SUPPLEMENTAL INSURANCE'S FRANK SUMMER SMITH, JR., VOLUNTEER OF THE YEAR AWARD FOR 2007.
The Resolution was adopted.
The following was introduced:
H. 4095 (Word version) -- Reps. J. M. Neal, Mulvaney and Lucas: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND ANDREW JACKSON HIGH SCHOOL LADY VOLS SOFTBALL TEAM OF KERSHAW ON ITS OUTSTANDING SEASON AND IMPRESSIVE WIN OF THE 2007 CLASS AA STATE GIRLS SOFTBALL CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM'S EXCEPTIONAL PLAYERS, COACH, AND STAFF.
The Resolution was adopted.
On motion of Rep. J. M. NEAL, with unanimous consent, the following was taken up for immediate consideration:
H. 4096 (Word version) -- Reps. J. M. Neal, Mulvaney and Lucas: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE ANDREW JACKSON HIGH SCHOOL LADY VOLS SOFTBALL TEAM, COACH, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THE TEAM ON ITS OUTSTANDING SEASON AND FOR CAPTURING THE 2007 CLASS AA STATE GIRLS SOFTBALL CHAMPIONSHIP TITLE.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to the Andrew Jackson High School Lady Vols softball team, coach, and school officials, at a date and time to be determined by the Speaker, for the purpose of recognizing and commending the team on its outstanding season and for capturing the 2007 Class AA State Girls Softball Championship title.
The Resolution was adopted.
The following was introduced:
H. 4097 (Word version) -- Reps. Ballentine, Huggins, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF OLD TAMAH ROAD IN RICHLAND COUNTY FROM ITS INTERSECTION WITH KOON ROAD TO ITS INTERSECTION WITH OLD BRICKYARD ROAD "CORPORAL DAVID G. WEIMORTZ MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "CORPORAL DAVID G. WEIMORTZ MEMORIAL HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4098 (Word version) -- Rep. Kirsh: A CONCURRENT RESOLUTION TO CONGRATULATE WILLIAM DURHAM HOPPER OF YORK COUNTY ON THE OCCASION OF HIS SIXTY-FIFTH BIRTHDAY AND TO WISH HIM MUCH HAPPINESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was taken up for immediate consideration:
S. 759 (Word version) -- Senator Hawkins: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE JUSTICE E. C. BURNETT III UPON THE OCCASION OF HIS RETIREMENT FROM THE SOUTH CAROLINA SUPREME COURT, THANKING HIM FOR HIS DEDICATION TO THE PEOPLE OF SOUTH CAROLINA AND THE PURSUIT OF JUSTICE, AND WISHING HIM WELL IN THE FUTURE.
Whereas, Justice E. C. Burnett III was born in Spartanburg County, South Carolina on January 26, 1942 to Mr. E. C. Burnett, Jr. and Mrs. Lucy Byars Burnett; and
Whereas, Justice Burnett, a public school student, graduated from Spartanburg High School in 1960. In 1964, he earned a Bachelor of Arts degree in English from Wofford University, and in 1969, he earned a Juris Doctorate from the University of South Carolina School of Law; and
Whereas, Justice Burnett was a Major in the United States Army Reserve, actively serving his country in Vietnam from August 1965 through August 1966; and
Whereas, Justice Burnett engaged in a private law practice in Spartanburg, and represented Spartanburg County in the South Carolina House of Representatives in 1973-1974; and
Whereas, he served as Spartanburg County Probate Judge from 1976-1980; Clerk of Court for Spartanburg County from February to June 1978; Seventh Judicial Circuit Family Court Judge 1980-1981; and Seventh Judicial Circuit Court Judge from 1981-1995; and
Whereas, Justice Burnett assumed his duties as Justice of the Supreme Court on April 10, 1995; and
Whereas, Justice Burnett is a member of the South Carolina Bar Association, Spartanburg County Bar Association, and the American Bar Association. He is admitted to practice in all South Carolina Courts, the United States District Court for the District of South Carolina, the Fourth Circuit Court of Appeals, and the United States Supreme Court; and
Whereas, he is a Life Member of Sertoma International and past president of Downtown Sertoma Club, where he received the Distinguished Honor Club President Award. He is also an Elder at Mount Calvary Presbyterian Church. Justice Burnett is married to Jami Grant Burnett, and together they have three children E. C. IV, Sharon, and Jeffrey, as well as three grandchildren; and
Whereas, Justice Burnett will retire from the South Carolina Supreme Court on September 1, 2007; and
Whereas, it is with great appreciation that the South Carolina Senate recognizes Justice Burnett for his thirty years of service to the people of South Carolina, his demonstrated vision in judicial administration, his excellent character and integrity, and his renowned legal acumen and analytical skill. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly, by this resolution, congratulate Justice E. C. Burnett III upon the occasion of his retirement, thank him for his dedication to the people of South Carolina and the pursuit of justice, and wish him well in the future.
Be it further resolved that a copy of this resolution be forwarded to the Honorable E. C. Burnett III.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 760 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. HORACE E. HARMON, JR., FOR THIRTY-THREE YEARS OF DEDICATED SERVICE AS DIRECTOR OF THE LEXINGTON COUNTY MUSEUM UPON HIS RETIREMENT, AND TO WISH HIM MANY YEARS OF HEALTH AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4099 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO OFFICE BASED SURGERY, DESIGNATED AS REGULATION DOCUMENT NUMBER 3079, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 4100 (Word version) -- Reps. J. R. Smith, Cobb-Hunter, Kirsh, Merrill, Littlejohn, Kennedy, Haskins, Bales, Harvin, Neilson and G. R. Smith: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 75 SO AS TO ENACT THE SOUTH CAROLINA SCHOOL FACILITIES INFRASTRUCTURE ACT, TO ESTABLISH THE SOUTH CAROLINA SCHOOL FACILITIES INFRASTRUCTURE AUTHORITY, AND TO PROVIDE FOR ITS GOVERNANCE, POWERS, AND DUTIES, TO AUTHORIZE THE AUTHORITY TO PROVIDE LOANS AND OTHER FINANCIAL ASSISTANCE TO SCHOOL DISTRICTS TO FINANCE SCHOOL FACILITIES, TO ALLOW STATE APPROPRIATIONS, GRANTS, LOAN REPAYMENTS, AND OTHER AVAILABLE AMOUNTS TO BE CREDITED TO THE FUND OF THE AUTHORITY, AND TO AUTHORIZE LENDING TO AND BORROWING BY SCHOOL DISTRICTS THROUGH THE AUTHORITY.
Referred to Committee on Ways and Means
H. 4101 (Word version) -- Reps. Moss, Anthony, Littlejohn, Cotty, Brantley, Coleman, Knight, Bedingfield, J. R. Smith, Haley, Huggins, Owens, Hiott, Gambrell, Bowen, Agnew, Gullick, Jennings, Kirsh, Miller, Phillips and Vick: A JOINT RESOLUTION TO PROVIDE THAT NO STATE FUNDS MAY BE APPROPRIATED TO ANY OUT-OF-STATE MEDICAID TRANSPORTATION BROKERING SYSTEM UNTIL THE LEGISLATIVE AUDIT COUNCIL COMPLETES AN INVESTIGATION AND REPORTS ITS FINDINGS TO THE SOUTH CAROLINA SENATE AND HOUSE OF REPRESENTATIVES.
Rep. MOSS asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. E. H. PITTS objected.
Referred to Committee on Ways and Means
H. 4102 (Word version) -- Reps. Merrill, Haley, Frye, Spires, Kennedy, Davenport, Talley, Bowen, Dantzler, Hagood, Kelly, Loftis, Shoopman, Williams and Witherspoon: A BILL TO AMEND SECTIONS 4-9-30, AS AMENDED, AND 5-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF COUNTIES AND MUNICIPALITIES AND PARTICULARLY THE POWERS TO IMPOSE A BUSINESS LICENSE TAX, SO AS TO REQUIRE THAT THESE IMPOSITIONS APPLY TO NET RATHER THAN GROSS INCOME AND TO PROVIDE THAT HOME-BASED BUSINESSES ARE NOT SUBJECT TO A COUNTY OR MUNICIPAL BUSINESS LICENSE TAX.
Referred to Committee on Ways and Means
The following Bill was taken up:
S. 322 (Word version) -- Senators Hayes, Hawkins, Vaughn, Peeler, Leatherman, Leventis, O'Dell, McConnell, Cromer, Patterson, Knotts, Land, Mescher, Martin and Alexander: A BILL TO AMEND CHAPTER 114, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA NATIONAL GUARD TUITION ASSISTANCE ACT, SO AS TO ENACT THE "SOUTH CAROLINA NATIONAL GUARD COLLEGE ASSISTANCE PROGRAM ACT", TO DEFINE CERTAIN TERMS, TO PROVIDE FOR COLLEGE ASSISTANCE PROGRAM GRANTS TO BE ADMINISTERED BY THE COMMISSION ON HIGHER EDUCATION, TO PROVIDE ELIGIBILITY REQUIREMENTS TO QUALIFY FOR THE GRANTS, TO PROVIDE FOR FUNDING TO BE APPROPRIATED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL PROMULGATE REGULATIONS; TO AMEND SECTION 59-111-75, RELATING TO THE LOAN REPAYMENT PROGRAM FOR MEMBERS OF THE NATIONAL GUARD SERVING IN AREAS OF CRITICAL NEED, SO AS TO PROVIDE THAT THE LOAN REPAYMENT PROGRAM MAY NOT ACCEPT NEW PARTICIPANTS AND PROVIDE THAT MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD WHO HAVE RECEIVED LOANS BEFORE THE 2007-08 ACADEMIC YEAR MAY CONTINUE TO RECEIVE THEIR LOANS AND HAVE THEIR LOANS FORGIVEN PURSUANT TO THE PROVISIONS UNDER WHICH THE LOAN PROGRAM BEGAN; AND TO REPEAL ARTICLE 6, CHAPTER 111, TITLE 59, RELATING TO ONE-HALF TUITION FOR MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7305SD07), which was adopted:
Amend the bill, as and if amended, Section 59-111-75(A), as contained in SECTION 2, page 6, line 10, by striking / ten / and inserting / five /.
When amended, Section 59-111-75(A) will read:
/ (A) The Commission on Higher Education, in consultation with the staff of the South Carolina Student Loan Corporation, shall develop a loan repayment program through which talented and qualified state residents may attend state public or private colleges and universities for the purpose of providing incentives for enlisting or remaining in the South Carolina National Guard in areas of critical need. Areas of critical need must be defined annually for that purpose by the Commission on Higher Education in consultation with the State Adjutant General. The Commission on Higher Education shall promulgate appropriate regulations to set forth the terms of the loan repayment program. The regulations must define limitations on monetary repayment amounts, successful participation within the National Guard, successful school matriculation, and other requirements for participation in the loan repayment program. In case of failure to complete the term of enlistment, failure to participate successfully in the National Guard, noncompliance by a borrower with the terms of the loan, or failure to comply with regulations of the program, the borrowers participation in the loan repayment program may be terminated and the borrower remains subject to those provisions as provided in the loan documents. The borrower shall execute the necessary legal documents to reflect his obligation to the lending entity and the terms and conditions of the loan. The loan program, as implemented in this section, must be administered by a separate student loan provider. Of the funds appropriated by the General Assembly for the loan repayment program, these funds must be retained in a separate account and used on a revolving basis for purposes of the loan repayment program and its administration. The State Treasurer shall disburse funds from this account as requested by the Commission on Higher Education and upon warrant of the Comptroller General; provided, however, that no more than ten five percent of the funds annually appropriated to the Commission on Higher Education for this program may be used for the cost of administering the program. Funds in the account and earnings from it may be carried forward in succeeding fiscal years and used for the purposes of the loan repayment program. The Commission on Higher Education shall review the loan program annually and report to the General Assembly on its progress and results. /
Renumber sections to conform.
Amend title to conform.
Rep. NEILSON explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. LOFTIS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Brady Branham G. Brown Chellis Clemmons Coleman Cooper Cotty Crawford Dantzler Davenport Duncan Edge Frye Funderburk Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Herbkersman Hinson Hiott Hodges Hosey Huggins Jefferson Kelly Kennedy Kirsh Limehouse Loftis Lowe Lucas Mack Mahaffey McLeod Merrill Miller Mitchell Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rice Rutherford Sandifer Scarborough Scott Sellers Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Talley Taylor Thompson Toole Umphlett Vick Walker Weeks White Whitmire Williams Witherspoon Young
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 282 (Word version) -- Senators Leatherman and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-3005 SO AS TO AUTHORIZE CERTAIN PROJECT DELIVERY METHODS FOR STATE PROCUREMENTS RELATING TO INFRASTRUCTURE FACILITIES; BY ADDING SECTION 11-35-3015 SO AS TO SPECIFY THE SOURCE SELECTION METHODS FOR THE TYPES OF AUTHORIZED PROJECT DELIVERY METHODS; BY ADDING SECTION 11-35-3021 SO AS TO PROVIDE FOR SUBCONTRACTOR SUBSTITUTION; BY ADDING SECTION 11-35-3023 SO AS TO PROVIDE FOR PREQUALIFICATION ON STATE CONSTRUCTION; BY ADDING SECTION 11-35-3024 SO AS TO PROVIDE FOR CONTENTS OF A REQUEST FOR PROPOSALS AND EVALUATION FACTORS APPLICABLE TO CERTAIN PROJECT DELIVERY METHODS; BY ADDING SECTION 11-35-3035 SO AS TO PROVIDE FOR THE REQUIREMENT OF ERRORS AND OMISSIONS INSURANCE TO COVER CERTAIN SERVICES DELIVERED PURSUANT TO CERTAIN PROJECT DELIVERY METHODS; BY ADDING SECTION 11-35-3037 SO AS TO PROVIDE FOR OTHER FORMS OF SECURITY TO ENSURE PERFORMANCE; BY ADDING SECTION 11-35-3070 SO AS TO ALLOW THE GOVERNING BODY TO APPROVE NONMATERIAL CHANGE ORDERS; TO AMEND SECTION 11-35-310, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO REDEFINE "CONSTRUCTION"; TO AMEND SECTION 11-35-1510, AS AMENDED, RELATING TO METHODS OF SOURCE SELECTION, SO AS TO PROVIDE FOR SELECTION METHODS IN CONNECTION WITH PROJECT DELIVERY METHODS; TO AMEND SECTION 11-35-1530, AS AMENDED, RELATING TO COMPETITIVE SEALED PROPOSALS, SO AS TO REQUIRE COMPETITIVE SEALED PROPOSALS FOR CONTRACTS FOR CERTAIN PROJECT DELIVERY METHODS AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 11-35-2410, AS AMENDED, RELATING TO FINALITY OF DETERMINATIONS IN CONNECTION WITH COMPETITIVE SEALED BIDDING, SO AS TO INCLUDE REFERENCES TO CHOICE OF DELIVERY METHOD AND PREQUALIFICATION ON STATE CONSTRUCTION; TO AMEND SECTION 11-35-2910, AS AMENDED, RELATING TO CERTAIN SERVICES, SO AS TO INCLUDE DEFINITIONS PERTAINING TO THE VARIOUS AUTHORIZED PROJECT DELIVERY METHODS INCLUDING "DESIGN REQUIREMENTS", "INDEPENDENT PEER REVIEWER SERVICE", AND "INFRASTRUCTURE FACILITY"; TO AMEND SECTION 11-35-3010, AS AMENDED, RELATING TO ADMINISTRATION OF CONSTRUCTION CONTRACTING, SO AS TO SUBSTITUTE PROJECT DELIVERY METHOD FOR THE PROCESS AND "GOVERNMENTAL BODY" FOR "USING AGENCY"; TO AMEND SECTION 11-35-3020, AS AMENDED, RELATING TO CONSTRUCTION PROCUREMENT PROCEDURES, SO AS TO DELETE SOURCE SELECTION LANGUAGE, TO INCORPORATE NEW PROVISIONS ADDED IN EARLIER SECTIONS AND TO DELETE LANGUAGE DUPLICATIVE OF NEW PROVISIONS ADDED; TO AMEND SECTION 11-35-3030, AS AMENDED, RELATING TO BOND AND SECURITY SO AS TO PROVIDE THAT THE CONTRACT PRICE FOR PURPOSES OF A PAYMENT BOND OR PERFORMANCE BOND DOES NOT INCLUDE THE COST OF OPERATION, MAINTENANCE, AND FINANCE, AND TO ALLOW FOR NO SURETY DURING PRECONSTRUCTION OR DESIGN PHASES; TO AMEND SECTION 11-35-3210, AS AMENDED, RELATING TO APPLICABILITY AND POLICY IN CONNECTION WITH CERTAIN SERVICES, SO AS TO DELETE THE PROVISIONS REFERRING TO APPLICABILITY TO THOSE SERVICES; TO AMEND SECTION 11-35-3220, AS AMENDED, RELATING TO PROCUREMENT PROCEDURES, SO AS TO SUBSTITUTE "GOVERNMENTAL BODY" FOR "USING AGENCY"; TO AMEND SECTION 11-35-3230, AS AMENDED, RELATING TO SMALL ARCHITECT-ENGINEERING AND LAND SURVEYING CONTRACTS, SO AS TO SUBSTITUTE "GOVERNMENTAL BODY" FOR "USING AGENCY"; TO AMEND SECTION 11-35-3245, AS AMENDED, RELATING TO PERFORMING OTHER WORK, SO AS TO LIMIT ITS APPLICATION TO PROCUREMENTS FOR CONSTRUCTION USING THE DESIGN-BID-BUILD PROJECT DELIVERY METHODS; TO AMEND SECTION 11-35-3310, AS AMENDED, RELATING TO INDEFINITE DELIVERY CONSTRUCTION CONTRACTS, SO AS TO ADD A CROSS REFERENCE; AND TO REPEAL SECTION 11-35-1825, RELATING TO PREQUALIFICATION OF CONSTRUCTION BIDDERS.
Rep. CLEMMONS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 484 (Word version) -- Senators Fair and Jackson: A BILL TO AMEND SECTION 59-113-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF INDEPENDENT INSTITUTION OF HIGHER LEARNING FOR PURPOSES OF PROVIDING TUITION GRANTS, SO AS TO INCLUDE IN THE DEFINITION AN INDEPENDENT BACHELOR'S LEVEL INSTITUTION CHARTERED BEFORE 1962 WHOSE MAJOR CAMPUS AND HEADQUARTERS ARE LOCATED WITHIN SOUTH CAROLINA.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22880SD07), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. NEILSON explained the amendment.
The amendment was then adopted.
Rep. NEILSON explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3825 (Word version) -- Reps. Limehouse and Ceips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-9-60 SO AS TO REQUIRE THE ASSESSMENT OF A FEE BY THE DEPARTMENT OF AGRICULTURE FOR AN OWNER OF A MARSH TACKY HORSE TO REGISTER HIS HORSE WITH THE DEPARTMENT FOR THE PURPOSE OF PRESERVING AND TRACKING MARSH TACKYS IN THE STATE, TO REQUIRE THE FEES COLLECTED TO BE USED TO OFFSET THE DEPARTMENT'S COSTS OF MAINTAINING A REGISTRY, AND TO REQUIRE THE UNUSED PORTION OF THE FEES TO BE REMITTED TO THE GENERAL FUND OF THE STATE.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11658AB07):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 1, Chapter 9, Title 47 of the 1976 Code is amended by adding:
"Section 47-9-60. (A) The General Assembly finds:
(1) The Marsh Tacky is a horse with a unique history in South Carolina.
(2) The Marsh Tacky is an almost forgotten breed of horse in our State. Once existing in feral herds on the barrier islands and mainland of South Carolina's Lowcountry, they have played a unique and pivotal role in the history of our State.
(3) Modern development of this State's barrier islands slowly forced the Marsh Tacky's removal from these islands where their breed had lived for more than three hundred years. Once existing by the hundreds on Hilton Head Island during the 1940's and 1950's, they are virtually unknown to the present day inhabitants.
(4) The pure Marsh Tacky now exist only in small numbers, and presently, there is only one known herd being carefully preserved in our State.
(B) The Marsh Tacky is designated as the official South Carolina Heritage Horse."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. NEILSON explained the amendment.
Rep. WITHERSPOON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3143 (Word version) -- Reps. Kirsh, Haskins, E. H. Pitts, Mulvaney, Gullick, Hayes, Huggins, M. A. Pitts, Miller, Bowen, Limehouse, G. Brown, Toole and Mahaffey: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO PROVIDE AN EXEMPTION FOR HOSPITAL BEDS, WALKERS, AND WHEELCHAIRS SOLD OR RENTED TO AN INDIVIDUAL UNDER THE WRITTEN PRESCRIPTION OF A HEALTH CARE PROFESSIONAL.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20332SD07), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/ SECTION ____. Section 12-36-2120 of the 1976 Code, is amended by adding a new item (70) to read:
"(70) (A) Beginning July 1, 2007, one third of the gross proceeds of the sale of legend or prescription drugs or medicines, legend or prescription biologicals, and legend or prescription bioabsorbable implant devices dispensed or administered to a patient or otherwise used in the treatment of a patient in the office of a medical doctor licensed pursuant to Chapter 47 of Title 40 or of a dentist licensed pursuant to Chapter 15 of Title 40, and not otherwise exempted.
(B) Beginning July 1, 2007, all gross proceeds of the sales described in subsection (A) are exempt from local sales and use taxes administered by the Department of Revenue.
(C) Eighty percent of the revenues of the state sales taxes raised after the exemption allowed pursuant to subsection (A) of this section must be credited to the general fund of the State and used as sales taxes are used and the remainder must be credited to the Education Improvement Act Fund." /
Amend the bill further, as and if amended, by adding a new Section to be appropriately numbered to read:
/ SECTION ____. Section 12-36-2120(28) of the 1976 Code is amended by adding a new subitem appropriately lettered to read:
"(__) Prescription drugs dispensed to Medicare Part A patients residing in a nursing home are not considered sales to the nursing home and are not subject to the sales tax." /
Renumber sections to conform.
Amend title to conform.
Rep. LITTLEJOHN explained the amendment.
Rep. HAMILTON raised the Point of Order that Amendment No. 1 was out of order in that it was not germane to the Bill.
Rep. LITTLEJOHN argued contra.
SPEAKER HARRELL stated that both the Amendment and the Bill dealt with sales tax exemption on medical products and he overruled the Point of Order.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3496 (Word version) -- Reps. G. M. Smith, Harrison, Cotty, Shoopman, Duncan, Davenport, Leach, Haley, Huggins, McLeod, G. R. Smith, F. N. Smith, Allen, Bales, Ballentine, Barfield, Bingham, Bowen, Brady, Cato, Ceips, Chalk, Chellis, Clemmons, Cooper, Crawford, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Hamilton, Hardwick, Harrell, Harvin, Haskins, Herbkersman, Hinson, Hiott, Jefferson, Kirsh, Knight, Littlejohn, Loftis, Lucas, Merrill, Moss, Neilson, Ott, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Sandifer, Scarborough, Scott, Simrill, Skelton, D. C. Smith, J. R. Smith, Spires, Stewart, Talley, Taylor, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A BILL TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS WITH REGARD TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO REVISE THE DEFINITION OF THE TERMS "OPERATOR", "MOTOR VEHICLE", AND "DRIVER"; TO AMEND SECTION 56-1-286, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OR PERMIT, OR THE DENIAL OF THE ISSUANCE OF A LICENSE OR A PERMIT TO A PERSON UNDER THE AGE OF TWENTY-ONE WHO HAS OPERATED A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, SO AS TO SUBSTITUTE THE TERM "OPERATES" FOR THE TERM "DRIVES", THE TERM "REASONABLE SUSPICION" FOR THE TERM "PROBABLE CAUSE TO BELIEVE", AND THE TERM "INFORMED" FOR THE TERM "NOTIFIED IN WRITING", TO DELETE A REFERENCE TO SECTION 56-5-2933, TO DELETE THE PROVISION THAT REQUIRES THE RECORDING OF THE PERIOD PRIOR TO THE ADMINISTRATION OF A BREATH TEST, TO REVISE THE PERIOD OF TIME A PERSON'S PRIVILEGE TO DRIVE MUST BE SUSPENDED WHEN HE REFUSES TO SUBMIT TO A CHEMICAL TEST TO DETERMINE WHETHER HE WAS OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE OR SUBMITS TO THE TEST AND THE TEST RESULTS INDICATE CERTAIN LEVELS OF ALCOHOL CONCENTRATION, TO MAKE TECHNICAL CHANGES, TO REVISE THE CONTENT OF THE INFORMATION THAT MUST BE PROVIDED TO A PERSON BEFORE A BREATH TEST MAY BE ADMINISTERED, TO DELETE THE PROVISION THAT REQUIRES A PERSON'S PRIVILEGES TO OPERATE A VEHICLE BE REINSTATED WHEN THE DIVISION OF MOTOR VEHICLE HEARINGS DOES NOT ISSUE A WRITTEN ORDER OR FAILS TO NOTIFY A PERSON OF A NEW HEARING DATE, TO DELETE THE PROVISION THAT REQUIRES THE DIVISION OF MOTOR VEHICLE HEARINGS TO ISSUE ITS WRITTEN ORDERS WITHIN THIRTY DAYS AFTER THE CONCLUSION OF AN ADMINISTRATIVE HEARING, AND TO REVISE THE DEFINITION OF THE TERM "INFORMED"; TO AMEND SECTION 56-1-748, RELATING TO PERSONS WHO ARE INELIGIBLE TO RECEIVE A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT A PERSON WHO IS ISSUED A RESTRICTED LICENSE PURSUANT TO SECTION 56-5-2951 MAY NOT OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE UNDER THIS PROVISION, AND TO SUBSTITUTE THE TERM "RESTRICTED DRIVER'S LICENSE" FOR THE TERM "SPECIAL RESTRICTED DRIVER'S LICENSE"; TO AMEND SECTION 56-5-2930, AS AMENDED, RELATING TO THE UNLAWFUL OPERATION OF A MOTOR VEHICLE BY A PERSON UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO SUBSTITUTE THE TERM "OPERATE A MOTOR VEHICLE" FOR THE TERM "DRIVE A MOTOR VEHICLE", TO PROVIDE FOR THE PROSECUTION OF AND PENALTIES FOR PERSONS CONVICTED OF DRIVING WHILE IMPAIRED AT VARIOUS LEVELS OF ILLEGAL ALCOHOL CONCENTRATIONS; TO AMEND SECTION 56-5-2934, RELATING TO THE RIGHT TO COMPULSORY PROCESS, SO AS TO DELETE A REFERENCE TO SECTION 56-5-2933, TO DELETE THE DEFINITION OF THE TERM "DOCUMENTS", AND TO DELETE CERTAIN DUTIES THAT A LAW ENFORCEMENT OFFICER MUST PERFORM WHEN HE ARRESTS A PERSON FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE; TO AMEND SECTION 56-5-2942, RELATING TO THE IMMOBILIZATION OF A MOTOR VEHICLE OWNED BY A PERSON WHO HAS BEEN CONVICTED OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE, SO AS TO DELETE A REFERENCE TO SECTION 56-5-2933, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MUST DETERMINE THE VEHICLES THAT MUST BE IMMOBILIZED INSTEAD OF THE COURT, TO MAKE TECHNICAL CHANGES, TO DELETE THE OFFENSE OF FALSIFYING A REPORT CONCERNING VEHICLES OWNED OR REGISTERED TO A PERSON, TO INCREASE THE FEE FOR REREGISTERING AN IMMOBILIZED MOTOR VEHICLE, AND TO PROVIDE A DEFINITION FOR THE TERM "PRIOR OFFENSE"; TO AMEND SECTION 56-5-2945, RELATING TO THE OFFENSE OF CAUSING GREAT BODILY INJURY OR DEATH BY OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL, SO AS TO SUBSTITUTE THE TERM "OPERATING A MOTOR VEHICLE" FOR THE TERM "DRIVING A MOTOR VEHICLE", TO MAKE TECHNICAL CHANGES, AND TO PROVIDE THAT A PERSON CONVICTED UNDER THIS PROVISION IS GUILTY OF THE OFFENSE OF DRIVING WHILE IMPAIRED; TO AMEND SECTION 56-5-2950, RELATING TO A DRIVER'S IMPLIED CONSENT TO TESTING FOR ALCOHOL OR DRUGS, SO AS TO SUBSTITUTE THE TERM "OPERATES" FOR THE TERM "DRIVES", TO MAKE TECHNICAL CHANGES, TO DELETE THE PROVISION THAT PROHIBITS AN OFFICER FROM REQUIRING ADDITIONAL BREATH TESTS AND THE PROVISION THAT ALLOWS AN OFFICER TO ADMINISTER A BREATH TEST IF THE ARRESTEE'S CONDUCT DURING THE PRETEST PERIOD IS VIDEOTAPED, TO REVISE THE CONTENT OF THE INFORMATION THAT MUST BE PROVIDED TO A PERSON WHO IS SCHEDULED TO UNDERGO A BREATH TEST, TO PROVIDE THAT EVIDENCE REGARDING THE QUALIFICATION OF A PERSON WHO WITHDRAWS A BLOOD SAMPLE MAY BE PROVIDED AT TRAIL BY TESTIMONY OF THE OFFICER WHO HAS CHARGED A DEFENDANT OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, TO DELETE A REFERENCE TO SECTION 56-5-2933, TO SUBSTITUTE THE TERM "IMPAIRED BY ALCOHOL" FOR THE TERM "UNDER THE INFLUENCE OF ALCOHOL", AND TO REVISE THE PROCEDURE FOR THE EXCLUSION FROM EVIDENCE OF TEST RESULTS; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S PRIVILEGE TO OPERATE A MOTOR VEHICLE, SO AS TO SUBSTITUTE THE TERM "OPERATES" FOR THE TERM "DRIVES", TO DELETE A REFERENCE TO SECTION 56-5-2933, TO MAKE TECHNICAL CHANGES, TO DELETE THE PROVISION THAT CONTAINS THE DUTIES OF THE DIVISION OF MOTOR VEHICLE HEARINGS WHEN IT FAILS TO HOLD CERTAIN HEARINGS WITHIN A THIRTY-FIVE DAY PERIOD, TO SUBSTITUTE THE TERM "INFORMED" FOR THE TERM "ADVISED IN WRITING", TO DELETE THE PROVISION THAT PROVIDES A DEADLINE FOR THE ISSUANCE OF AN ORDER BY THE DIVISION OF MOTOR VEHICLE HEARINGS, TO DELETE THE PROVISION THAT RESTRICTS THE CLASS OF PERSON WHOSE PRIVILEGE TO OPERATE A MOTOR VEHICLE MUST BE DENIED FOR REFUSING TO SUBMIT TO A BREATH TEST OR DRIVING WITH AN ILLEGAL ALCOHOL CONCENTRATION, TO INCREASE THE PERIOD OF TIME THE PERSON'S PRIVILEGE IS DENIED, AND TO REVISE THE LEVEL OF ALCOHOL CONCENTRATION WHICH IS CONSIDERED ILLEGAL; TO AMEND SECTION 56-5-2953, RELATING TO VIDEOTAPING OF A PERSON CHARGED WITH DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE AT THE INCIDENT SITE AND THE BREATH TESTING SITE , SO AS TO DELETE A REFERENCE TO SECTION 56-5-2933, TO MAKE TECHNICAL CHANGES, TO DELETE THE PROVISION THAT PROVIDES WHEN THE VIDEO RECORDINGS MUST END AND BE COMPLETED, AND TO REVISE THE SUBJECT MATTER THAT MUST BE CONTAINED IN THE RECORDINGS; TO AMEND SECTION 56-5-2954, RELATING TO BREATH TESTING SITES, SO AS TO PROVIDE WHEN THE PROVISIONS OF THIS SECTION ARE SATISFIED, AND TO PROVIDE WHEN CERTAIN MOTIONS RELATING TO MATTERS CONTAINED UNDER ARTICLE 23, CHAPTER 5, TITLE 56 MUST BE MADE; AND TO REPEAL SECTIONS 56-5-2933, 56-5-2940, AND 56-5-3000 RELATING TO DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, PENALTIES FOR OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE, AND THE PUBLICATION OF THE NAMES OF DRIVER'S WHOSE LICENSES HAVE BEEN SUSPENDED.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5299CM07), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 56-1-10 of the 1976 Code, as last amended by Act 381 of 2006, is further amended to read:
"Section 56-1-10. For the purpose of this title, unless otherwise indicated, the following words, phrases, and terms are defined as follows:
(1) 'Driver' means every person who drives or is in actual physical control of a vehicle.
(2) 'Operator' means every person who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle.
(3) 'Owner' means a person, other than a lienholder, having the property or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security.
(4) 'Department' means the Department of Motor Vehicles when the term refers to the duties, functions, and responsibilities of the former Motor Vehicle Division of the Department of Public Safety and means the Department of Public Safety otherwise and in Section 56-3-840.
(5) 'State' means a state, territory, or possession of the United States and the District of Columbia.
(6) 'Highway' means the entire width between the boundary lines of every way publicly maintained when any part of it is open to the use of the public for purposes of vehicular travel.
(7) 'Motor vehicle' means every vehicle which is self- propelled, except 'moped' as defined in Article 9 of this chapter, and every vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails.
(8) 'Motorcycle' means every motor vehicle having no more than two permanent functional wheels in contact with the ground or trailer and having a saddle for the use of the rider, but excluding a tractor.
(9) 'Nonresident' means every person who is not a resident of this State.
(10) 'Nonresident's operating privilege' means the privilege conferred upon a nonresident by the laws of this State pertaining to the operation by the person of a motor vehicle, or the use of a vehicle owned by the person, in this State.
(11) 'Conviction' includes the entry of any plea of guilty, the entry of any plea of nolo contendere, and the forfeiture of any bail or collateral deposited to secure a defendant's appearance in court.
(12) 'Cancellation of driver's license' means the annulment or termination by formal action of the Department of Motor Vehicles of a person's driver's license because of some error or defect in the license or because the licensee is no longer entitled to the license; the cancellation of a license is without prejudice, and application for a new license may be made at any time after the cancellation.
(13) 'Revocation of driver's license' means the termination by formal action of the Department of Motor Vehicles of a person's driver's license or privilege to operate a motor vehicle on the public highways, which privilege to operate is not subject to renewal or restoration, except that an application for a new license may be presented and acted upon by the department.
(14) 'Suspension of driver's license' means the temporary withdrawal by formal action of the Department of Motor Vehicles of a person's driver's license or privilege to operate a motor vehicle on the public highways, which temporary withdrawal shall be as specifically designated.
(15) 'Automotive three-wheel vehicle' means every motor vehicle having no more than three permanent functional wheels in contact with the ground, having a bench seat for the use of the operator, and having an automotive type steering device, but excluding a tractor or motorcycle three-wheel vehicle.
(16) 'Alcohol' means a substance containing any form of alcohol including, but not limited to, ethanol, methanol, propanol, and isopropanol.
(17) 'Alcohol concentration' means:
(a) the number of grams of alcohol for each one hundred milliliters of blood by weight; or
(b) as determined by the South Carolina Law Enforcement Division for other bodily fluids.
(18) 'Motorcycle three-wheel vehicle' means every motor vehicle having no more than three permanent functional wheels in contact with the ground to include motorcycles with detachable side cars, having a saddle type seat for the operator, and having handlebars or a motorcycle type steering device but excluding a tractor or automotive three-wheel vehicle.
(19) 'Low speed vehicle' or 'LSV' means a four-wheeled motor vehicle, other than an all terrain vehicle, whose speed attainable in one mile is more than twenty miles an hour and not more than twenty-five miles an hour on a paved level surface.
(20) 'All terrain vehicle' or 'ATV' means a motor vehicle measuring fifty inches or less in width, designed to travel on three or more wheels and designed primarily for off-road recreational use, but not including farm tractors or equipment, construction equipment, forestry vehicles, or lawn and grounds maintenance vehicles.
(21) 'Operator' or 'driver' means a person who is in actual physical control of a motor vehicle upon a highway.
(22) 'Person' means every natural person, firm, partnership, trust, company, firm, association, or corporation. Where the term 'person' is used in connection with the registration of a motor vehicle, it includes any corporation, association, partnership, trust, company, firm, or other aggregation of individuals which owns or controls the motor vehicle as actual owner, or for the purpose of sale or for renting, as agent, salesperson, or otherwise.
(23) 'Division of Motor Vehicle Hearings' means the Division of Motor Vehicle Hearings created by Section 1-23-660. The Division of Motor Vehicle Hearings conducts all hearings or administrative hearings arising from department actions.
(24) 'Administrative hearing' means a "contested case hearing" as defined in Section 1-23-310. It is a hearing conducted pursuant to the South Carolina Administrative Procedures Act."
SECTION 2. Section 56-1-286 of the 1976 Code, as last amended by Act 381 of 2006, is further amended to read:
"Section 56-1-286. (A) The Department of Motor Vehicles must suspend the driver's license, permit, or nonresident operating privilege of, or deny the issuance of a license or permit to a person under the age of twenty-one who drives a motor vehicle and has an alcohol concentration of two one-hundredths of one percent or more. In cases in which a law enforcement officer initiates suspension proceedings for a violation of this section, the officer has elected to pursue a violation of this section and is subsequently prohibited from prosecuting the person for a violation of Section 20-7-8920, 20-7-8925, or 56-5-2930, or 56-5-2933 arising from the same incident.
(B) A person under the age of twenty-one who drives a motor vehicle in this State is considered to have given consent to chemical tests of his breath or blood for the purpose of determining the presence of alcohol.
(C) A law enforcement officer who has arrested a person under the age of twenty-one for a violation of Chapter 5 of this title (Uniform Act Regulating Traffic on Highways), or any other traffic offense established by a political subdivision of this State, and has probable cause to believe reasonable suspicion that the person under the age of twenty-one has consumed alcoholic beverages and driven a motor vehicle may order the testing of the person arrested to determine the person's alcohol concentration.
A law enforcement officer may detain and order the testing of a person to determine the person's alcohol concentration if the officer has probable cause to believe reasonable suspicion that a motor vehicle is being driven by a person under the age of twenty-one who has consumed alcoholic beverages.
(D) A test must be administered at the direction of the primary investigating law enforcement officer. At the direction of the officer, the person first must be offered a breath test to determine the person's alcohol concentration. If the person physically is unable to provide an acceptable breath sample because he has an injured mouth or is unconscious or dead, or for any other reason considered acceptable by licensed medical personnel, a blood sample may be taken. The breath test must be administered by a person trained and certified by the State Law Enforcement Division, using methods approved by the division. The primary investigating officer may administer the test if the person's conduct during the twenty-minute pre-test waiting period is videotaped pursuant to Section 56-5-2953(A)(2)(d). Blood samples must be obtained by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, or other medical personnel trained to obtain these samples in a licensed medical facility. Blood samples must be obtained and handled in accordance with procedures approved by the division. The division shall administer the provisions of this subsection and shall promulgate regulations necessary to carry out its provisions. The costs of the tests administered at the direction of the officer must be paid from the general fund of the State.
The person tested or giving samples for testing may have a qualified person of his choice conduct additional tests at the person's expense and must be notified in writing of that right. A person's request or failure to request additional blood tests is not admissible against the person in any proceeding. The failure or inability of the person tested to obtain additional tests does not preclude the admission of evidence relating to the tests or samples taken at the direction of the officer. The officer must provide affirmative assistance to the person to contact a qualified person to conduct and obtain additional tests. Affirmative assistance shall, at a minimum, include providing transportation for the person to the nearest medical facility which provides blood tests to determine a person's alcohol concentration. If the medical facility obtains the blood sample but refuses or fails to test the blood to determine the person's alcohol concentration, SLED must test the blood and provide the result to the person and to the officer. Failure to provide affirmative assistance upon request to obtain additional tests bars the admissibility of the breath test result in any judicial or administrative proceeding.
(E) A qualified person and his employer who obtain samples or administer the tests or assist in obtaining samples or administering of tests at the direction of the primary investigating officer are immune from civil and criminal liability unless the obtaining of samples or the administering of tests is performed in a negligent, reckless, or fraudulent manner. A person may not be required by the officer ordering the tests to obtain or take any sample of blood or urine.
(F) If a person refuses upon the request of the primary investigating officer to submit to chemical tests as provided in subsection (C), the department must suspend his license, permit, or any nonresident operating privilege, or deny the issuance of a license or permit to him for:
(1) six months; or
(2) one year if the person, within the five years preceding the violation of this section, has been previously convicted of violating Sections 56-5-2930, 56-5-2933, or 56-5-2945 or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or another drug or has had a previous suspension imposed pursuant to Sections 56-1-286, 56-5-2950, or 56-5-2951 one year.
(G) If a person submits to a chemical test and the test result indicates an alcohol concentration of two one-hundredths of one percent or more, the department must suspend his license, permit, or any nonresident operating privilege, or deny the issuance of a license or permit to him for:
(1) three six months; or
(2) six months if the person, within the five years preceding the violation of this section, has been previously convicted of violating Sections 56-5-2930, 56-5-2933, or 56-5-2945 or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug or has had a previous suspension imposed pursuant to Sections 56-1-286, 56-5-2950 , or 56-5-2951.
(H) A person's driver's license, permit, or nonresident operating privilege must be restored when the person's period of suspension under subsection (F) or (G) has concluded, even if the person has not yet completed the Alcohol and Drug Safety Action Program in which he is enrolled. After the person's driving privilege is restored, he must continue to participate in the Alcohol and Drug Safety Action Program in which he is enrolled. If the person withdraws from or in any way stops making satisfactory progress toward the completion of the Alcohol and Drug Safety Action Program, the person's license shall must be suspended until he completes the Alcohol and Drug Safety Action Program. A person must be attending or have completed an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 before his driving privilege can be restored at the conclusion of the suspension period.
(I) A test may not be administered or samples taken unless, following the activation of the video recording equipment, the person has been given a written copy of and informed in writing that:
(1) he does not have to take the test or give the samples but that his privilege to drive must be suspended or denied for at least six months one year if he refuses to submit to the tests and that his refusal may be used against him in court;
(2) his privilege to drive must be suspended for at least three six months if he takes the test or gives the samples and has an alcohol concentration of two one-hundredths of one percent or more;
(3) he has the right to have a qualified person of his own choosing conduct additional independent tests at his expense;
(4) he has the right to request an administrative hearing within thirty days of the issuance of the notice of suspension; and
(5) he must enroll in an Alcohol and Drug Safety Action Program within thirty days of the issuance of the notice of suspension if he does not request an administrative hearing or within thirty days of the issuance of notice that the suspension has been upheld at the administrative hearing.
The primary investigating officer must notify promptly the department of the refusal of a person to submit to a test requested pursuant to this section as well as the test result of any person who submits to a test pursuant to this section and registers an alcohol concentration of two one-hundredths of one percent or more. The notification must be in a manner prescribed by the department.
(J) If the test registers an alcohol concentration of two one-hundredths of one percent or more or if the person refuses to be tested, the primary investigating officer must issue a notice of suspension, and the suspension is effective beginning on the date of the alleged violation of this section. The person, within thirty days of the issuance of the notice of suspension, must enroll in an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 if he does not request an administrative hearing. If the person does not request an administrative hearing and does not enroll in an Alcohol and Drug Safety Action Program within thirty days, the suspension remains in effect, and a temporary alcohol restricted license must not be issued. If the person drives a motor vehicle during the period of suspension without a temporary alcohol restricted license, the person must be penalized for driving while his license is suspended pursuant to Section 56-1-460.
(K) Within thirty days of the issuance of the notice of suspension the person may:
(1) obtain a temporary alcohol restricted license by filing with the department a form for this purpose. A one-hundred-dollar fee must be assessed for obtaining a temporary alcohol restricted license. Twenty-five dollars of the fee must be retained by the Department of Public Safety for supplying and maintaining all necessary vehicle videotaping equipment. The remaining seventy-five dollars must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray its expenses. The temporary alcohol restricted license allows the person to drive a motor vehicle without any restrictive conditions pending the outcome of the administrative hearing provided for in this section or the final decision or disposition of the matter; and
(2) request an administrative hearing.
At the administrative hearing if:
(a) the suspension is upheld, the person must enroll in an Alcohol and Drug Safety Action Program and his driver's license, permit, or nonresident operating privilege must be suspended or the person must be denied the issuance of a license or permit for the remainder of the suspension periods provided for in subsections (F) and (G);
(b) the suspension is overturned, the person must have his driver's license, permit, or nonresident operating privilege reinstated.
(L) The periods of suspension provided for in subsections (F) and (G) begin on the day the notice of suspension is issued, or at the expiration of any other suspensions, and continue until the person applies for a temporary alcohol restricted license and requests an administrative hearing.
(M) If a person does not request an administrative hearing, he shall have waived his right to the hearing and his suspension must not be stayed but shall continue for the periods provided for in subsections (F) and (G).
(N) The notice of suspension must advise the person of the requirement to enroll in an Alcohol and Drug Safety Action Program and of his right to obtain a temporary alcohol restricted driver's license and to request an administrative hearing. The notice of suspension also must advise the person that, if he does not request an administrative hearing within thirty days of the issuance of the notice of suspension, he must enroll in an Alcohol and Drug Safety Action Program, and he waives his right to the administrative hearing, and the suspension continues for the periods provided for in subsections (F) and (G).
(O) An administrative hearing must be held within thirty days after the request for the hearing is received by the Division of Motor Vehicle Hearings. If the Division of Motor Vehicle Hearings does not hold the hearing within thirty days, the Division of Motor Vehicle Hearings must issue a written order within thirty days stating the reasons why the hearing was not held within thirty days and providing a schedule date for the hearing. If the Division of Motor Vehicle Hearings does not issue a written order within thirty days or fails within thirty days to notify the person of a new hearing date, the person shall have his driver's license, permit, or nonresident operating privilege reinstated. The scope of the hearing is limited to whether the person:
(1) was lawfully arrested or detained;
(2) was advised in writing given a written copy of and informed of the rights enumerated in subsection (I);
(3) refused to submit to a test pursuant to this section; or
(4) consented to taking a test pursuant to this section, and the:
(a) reported alcohol concentration at the time of testing was two one- hundredths of one percent or more;
(b) individual who administered the test or took samples was qualified pursuant to this section;
(c) test administered and samples taken were conducted pursuant to this section; and
(d) the machine was operating properly.
Nothing in this section prohibits the introduction of evidence at the administrative hearing on the issue of the accuracy of the breath test result.
A written order must be issued to all parties either reversing or upholding the suspension of the person's license, permit, or nonresident's operating privilege, or denying the issuance of a license or permit within thirty days after the conclusion of the administrative hearing. If the suspension is upheld, the person must receive credit for the number of days his license was suspended before he received a temporary alcohol restricted license and requested the administrative hearing.
(P) An administrative hearing is a contested proceeding under the Administrative Procedures Act, and a person has a right to appeal the decision of the hearing officer pursuant to that act to the Administrative Law Court in accordance with its appellate rules. The filing of an appeal shall stay the suspension until a final decision is issued.
(Q) A person who is unconscious or otherwise in a condition rendering him incapable of refusal is considered to be informed and not to have withdrawn the consent provided for in subsection (B) of this section.
(R) When a nonresident's privilege to drive a motor vehicle in this State has been suspended under the procedures of this section, the department shall give written notice of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he has a license or permit.
(S) A person required to submit to a test must be provided with a written report including the time of arrest, the time of the tests, and the results of the tests before any proceeding in which the results of the tests are used as evidence. A person who obtains additional tests shall furnish a copy of the time, method, and results of any additional tests to the officer before any trial, hearing, or other proceeding in which the person attempts to use the results of the additional tests as evidence.
(T) A person whose driver's license or permit is suspended under this section is not required to file proof of financial responsibility.
(U) The department shall administer the provisions of this section, not including subsection (D), and shall promulgate regulations necessary to carry out its provisions.
(V) Notwithstanding any other provision of law, no suspension imposed pursuant to this section is counted as a demerit or result in any insurance penalty for automobile insurance purposes if at the time he was stopped, the person whose license is suspended had an alcohol concentration that was less than eight one-hundredths of one percent."
SECTION 3. Section 56-1-748 of the 1976 Code is amended to read:
"Section 56-1-748. No person issued a restricted driver's license under the provisions of Section 56-1-170(B), Section 56-1-320(A), Section 56-1-740(B), Section 56-1-745(C), Section 56-1-746(D), Section 56-5-750(G), Section 56-9-430(B), Section 56-10-260(B), or Section 56-10-270(C), or Section 56-5-2951 shall subsequently be eligible for issuance of a special restricted driver's license under these provisions."
SECTION 4. Section 56-5-2930 of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:
"Section 56-5-2930. (A) It is unlawful for a person to drive a motor vehicle within this State while:
(1) under the influence of alcohol to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired;,
(2) under the influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired;, or
(3) under the combined influence of alcohol and any other drug or drugs or substances which cause impairment to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired. A person who violates the provisions of this subsection is guilty of the offense of driving while impaired and, upon conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail must be punished as follows:
(1) for a first offense, by a fine of four hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days. However, in lieu of the forty-eight hour minimum imprisonment, the court may provide for forty-eight hours of public service employment. The minimum forty-eight hour imprisonment or public service employment must be served at a time when the person is not working and does not interfere with his regular employment under terms and conditions the court considers proper. However, the court may not compel an offender to perform public service employment in lieu of the minimum sentence;
(2) for a second offense, by a fine of not less than two thousand one hundred dollars nor more than five thousand one hundred dollars, and imprisonment for not less than five days nor more than one year. However, the fine imposed by this item must not be suspended in an amount less than one thousand one hundred dollars. In lieu of service of imprisonment, the court may require that the individual complete an appropriate term of public service employment of not less than thirty days upon terms and conditions the court considers proper;
(3) for a third offense, by a fine of not less than three thousand eight hundred dollars nor more than six thousand three hundred dollars, and imprisonment for not less than sixty days nor more than three years; or
(4) for a fourth or subsequent offense, by imprisonment for not less than one year nor more than five years.
(B) It is unlawful for a person to drive a motor vehicle within this State while his alcohol concentration is at least eight one-hundredths of one percent, but less than ten one-hundredths of one percent. A person who violates the provisions of this subsection is guilty of the offense of driving with an unlawful alcohol concentration and, upon conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail must be punished as follows:
(1) for a first offense, by a fine of four hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days. However, in lieu of the forty-eight hour minimum imprisonment, the court may provide for forty-eight hours of public service employment. The minimum forty-eight hour imprisonment or public service employment must be served at a time when the person is not working and does not interfere with his regular employment under terms and conditions as the court considers proper. However, the court may not compel an offender to perform public service employment in lieu of the minimum sentence;
(2) for a second offense, by a fine of not less than two thousand one hundred dollars nor more than five thousand one hundred dollars and imprisonment for not less than five days nor more than one year. However, the fine imposed by this item must not be suspended in an amount less than one thousand one hundred dollars. In lieu of service of imprisonment, the court may require that the individual complete an appropriate term of public service employment of not less than thirty days upon terms and conditions the court considers proper;
(3) for a third offense, by a fine of not less than three thousand eight hundred dollars nor more than six thousand three hundred dollars and imprisonment for not less than sixty days nor more than three years; or
(4) for a fourth or subsequent offense, by imprisonment for not less than one year nor more than five years.
(C) It is unlawful for a person to drive a motor vehicle within this State while his alcohol concentration is at least ten one-hundredths of one percent but less than sixteen one-hundredths of one percent. A person who violates the provisions of this subsection is guilty of the offense of operating a motor vehicle with an unlawful and high alcohol concentration and, upon conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail must be punished as follows:
(1) for a first offense, by a fine of five hundred dollars or imprisonment for not less than seventy-two hours nor more than thirty days. However, in lieu of the seventy-two hour minimum imprisonment, the court may provide for seventy-two hours of public service employment. The minimum seventy-two hour imprisonment or public service employment must be served at a time when the person is not working and does not interfere with his regular employment under terms and conditions as the court considers proper. However, the court may not compel an offender to perform public service employment in lieu of the minimum sentence;
(2) for a second offense, by a fine of not less than two thousand five hundred dollars nor more than five thousand five hundred dollars and imprisonment for not less than thirty days nor more than two years. However, the fine imposed by this item must not be suspended in an amount less than one thousand one hundred dollars. In lieu of service of imprisonment, the court may require that the individual complete an appropriate term of public service employment of not less than thirty days upon terms and conditions the court considers proper;
(3) for a third offense, by a fine of not less than five thousand dollars nor more than seven thousand five hundred dollars and imprisonment for not less than ninety days nor more than four years; or
(4) for a fourth or subsequent offense, by imprisonment for not less than two years nor more than six years.
(D) It is unlawful for a person to drive a motor vehicle within this State while his alcohol concentration is sixteen one-hundredths of one percent or more. A person who violates the provisions of this subsection is guilty of the offense of driving a motor vehicle with an unlawful and gross alcohol concentration and, upon conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail must be punished as follows:
(1) for a first offense, by a fine of one thousand dollars or imprisonment for not less than thirty days nor more than ninety days. However, in lieu of the thirty day minimum imprisonment, the court may provide for thirty days of public service employment. The minimum thirty days imprisonment or public service employment must be served at a time when the person is not working and does not interfere with his regular employment under terms and conditions as the court considers proper. However, the court may not compel an offender to perform public service employment instead of the minimum sentence. Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, a first offense charged under this item may be tried in magistrate's court;
(2) for a second offense, by a fine of not less than three thousand five hundred dollars nor more than six thousand five hundred dollars and imprisonment for not less than ninety days nor more than three years. However, the fine imposed by this item must not be suspended in an amount less than one thousand one hundred dollars. Instead of service of imprisonment, the court may require that the individual complete an appropriate term of public service employment of not less than ninety days upon terms and conditions the court considers proper;
(3) for a third offense, by a fine of not less than seven thousand five hundred dollars nor more than ten thousand dollars and imprisonment for not less than six months nor more than five years; or
(4) for a fourth or subsequent offense, by imprisonment for not less than three years nor more than seven years.
(E) No part of the minimum sentences provided in this section may be suspended. Instead of public service employment the court may invoke another sentence provided in this section. For a third or subsequent offense of this section, the service of the minimum sentence is mandatory. However, the judge may provide for the sentence to be served upon terms and conditions as he considers proper including, but not limited to, weekend service or nighttime service in any fashion he considers necessary.
(F) The fine for a first offense must not be suspended. The court is prohibited from suspending a monetary fine below that of the next preceding minimum monetary fine.
(G) For the purposes of this chapter a conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail for the violation of a law or ordinance of this or another state or a municipality of this or another state that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics, including, but not limited to, subsections (A), (B), (C), and (D), or prohibits a person from operating a motor vehicle with an unlawful alcohol concentration, including but not limited to the former Section 56-5-2933 constitutes a prior offense of subsections (A), (B), (C), and (D) of this section.
Only those violations which occurred within a period of ten years including and immediately preceding the date of the last violation constitute prior violations within the meaning of this section.
(H) Upon imposition of a sentence of public service, the defendant may apply to the court to be allowed to perform his public service in his county of residence if he has been sentenced to public service in a county where he does not reside.
(I) One hundred dollars of each fine imposed pursuant to this section must be placed by the Comptroller General into a special restricted account to be used by the Department of Public Safety for the Highway Patrol.
(J) Two hundred dollars of the fine imposed pursuant to subsections (A)(3), (B)(3), (C)(3), and (D)(3) must be placed by the Comptroller General into a special restricted account to be used by the State Law Enforcement Division to offset the costs of administration of the breath testing devices, breath testing site video program, ignition interlock provisions, and toxicology laboratory.
(K) A person convicted of violating this section, whether for a first offense or subsequent offense, must enroll in and successfully complete an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services. An assessment of the extent and nature of the alcohol and drug abuse problem of the applicant must be prepared and a plan of education or treatment, or both, must be developed for the applicant. The Alcohol and Drug Safety Action Program shall determine if the applicant successfully has completed the services. The applicant must attend the first Alcohol and Drug Safety Action Program available after the date of enrollment. The Department of Alcohol and Other Drug Abuse Services shall determine the cost of services provided by each certified Alcohol and Drug Safety Action Program. Each applicant shall bear the cost of services recommended in the applicant's plan of education or treatment. The cost may not exceed five hundred dollars for education services, two thousand dollars for treatment services, and two thousand five hundred dollars in total for all services. An applicant may not be denied services due to an inability to pay. Inability to pay for services may not be used as a factor in determining if the applicant successfully has completed services. An applicant who is unable to pay for services shall perform fifty hours of community service as arranged by the Alcohol and Drug Safety Action Program, which may use the completion of this community service as a factor in determining if the applicant successfully has completed services. For a first offense, the court must be notified whether an offender failed to enroll in a certified program within thirty days or failed to participate in the plan of education or treatment. The court may hold the individual in contempt of court if the individual cannot show cause as to why no enrollment occurred within the mandated thirty days or why no progress has been made on the plan of education or treatment.
(L) A person charged for a violation of subsection (A) may be prosecuted pursuant to subsection (B), (C), or (D) if the original testing of the person's breath or collection of other bodily fluids was performed within two hours of the time of arrest and reasonable suspicion existed to justify the traffic stop. A person may not be prosecuted for both a violation of subsection (A) and a violation of subsection (B), (C), or (D) for the same incident. A person who violates the provisions of this section is entitled to a jury trial and is afforded the right to challenge certain factors including the following:
(1) whether or not the person was lawfully arrested or detained;
(2) the period of time between arrest and testing;
(3) whether or not the person was given a written copy of and informed of the rights enumerated in Section 56-5-2950;
(4) whether the person consented to taking a test pursuant to Section 56-5-2950, and whether the:
(a) reported alcohol concentration at the time of testing was eight one-hundredths of one percent or more;
(b) individual who administered the test or took samples was qualified pursuant to Section 56-5-2950;
(c) tests administered and samples obtained were conducted pursuant to Section 56-5-2950 and regulations adopted pursuant to Section 56-5-2951(Q) and Section 56-5-2953(F); and
(d) machine was working properly.
(M) The provisions of this section must not be construed as limiting the introduction of any evidence bearing upon the case on behalf of the State or defendant.
(N) A person charged with a violation of this section must be given notice of intent to prosecute under the provisions of this section at least thirty calendar days before his trial date.
(O) Nothing contained in this section prohibits the introduction of:
(1) the results of any additional tests of the person's breath or other bodily fluids;
(2) any evidence that may corroborate or question the validity of the breath or bodily fluid test result including, but not limited to:
(a) evidence of field sobriety tests;
(b) evidence of the amount of alcohol consumed by the person; and
(c) evidence of the person's driving;
(3) a videotape of the person's conduct at the incident site and breath testing site taken pursuant to Section 56-5-2953 which is subject to redaction under the South Carolina Rules of Evidence; or
(4) any other evidence of the State of a person's faculties to operate a motor vehicle which would call into question the results of a breath or bodily fluid test.
At trial, a person charged with a violation of this section is allowed to present evidence relating to the factors enumerated above and the totality of the evidence produced at trial may be used by the jury to determine guilt or innocence. A person charged with a violation of this section must be given notice of intent to prosecute under the provisions of this section at least thirty calendar days before his trial date.
(P) For the purpose of Section 56-5-2930, any offense carrying a penalty of imprisonment of ninety days or less may be tried in magistrate's court."
SECTION 5. Section 56-5-2934 of the 1976 Code is amended to read:
"Section 56-5-2934. Notwithstanding any other provision of law, a person charged with a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 who is being tried in any court of competent jurisdiction in this State has the right to compulsory process for obtaining witnesses, documents, or both, including, but not limited to, state employees charged with the maintenance of breath testing devices in this State and the administration of breath testing pursuant to this article. This process may be issued under the official signature of the magistrate, judge, clerk, or other officer of the court of competent jurisdiction. The term 'documents' includes, but is not limited to, a copy of the computer software program of breath testing devices. The portion of compulsory process provided for in this section that requires the attendance, at any administrative hearing or court proceeding, of state employees charged with the maintenance of breath testing devices in this State and the administration of breath testing pursuant to this article, takes effect once the compulsory process program at the State Law Enforcement Division is specifically, fully, and adequately funded.
In addition, at the time of arrest for a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, the arresting officer, in addition to other notice requirements, must inform the defendant of his right to all hearings provided by law to include those if a breath test is refused or taken with a result that would require license suspension. The arresting officer, if the defendant wishes to avail himself of any such hearings, depending on the choices made or the breath test results obtained, must provide the defendant with the appropriate form to request the hearing or hearings. The defendant must acknowledge receipt of the notice requirements and receipt of the hearing form if such a hearing or hearings are desired."
SECTION 6. Section 56-5-2942 of the 1976 Code is amended to read:
"Section 56-5-2942. (A) A person who is convicted of or pleads guilty or nolo contendere to a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 must have all motor vehicles owned by or registered to him immobilized if the person is a resident of this State, unless the vehicle has been confiscated pursuant to Section 56-5-6240.
(B) For purposes of this section, 'immobilized' and 'immobilization' mean suspension and surrender of the registration and motor vehicle license plate.
(C) Upon sentencing receipt of a conviction by the department from the court for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, the court department must ascertain the registration numbers or other information to determine the identity of the vehicles to be immobilized. The court must notify the Department of Motor Vehicles of a person's conviction for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 and the identity of the vehicles to be immobilized. determine all vehicles registered to the convicted person, both solely and jointly, and suspend all vehicles registered to the person.
(D) Upon notification by a court in this State or by any other state of a conviction for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, the department must require the person convicted to surrender all license plates and vehicle registrations subject to immobilization pursuant to this section. The immobilization is for a period of thirty days to take place during the driver's license suspension pursuant to a conviction for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945. The department must maintain a record of all vehicles immobilized pursuant to this section.
(E) An immobilized motor vehicle must be released to the holder of a bona fide lien on the motor vehicle when possession of the motor vehicle is requested, as provided by law, by the lienholder for the purpose of foreclosing on and satisfying the lien.
(F) An immobilized motor vehicle may be released by the department without legal or physical restraints to a person who has not been convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, if that person is a registered owner of the motor vehicle or a member of the household of a registered owner. The vehicle must be released if an affidavit is submitted by that person to the department stating that:
(1) he regularly drives the motor vehicle subject to immobilization;
(2) the immobilized motor vehicle is necessary to his employment, transportation to an educational facility, or for the performance of essential household duties;
(3) no other motor vehicle is available for the use of the person person's use;
(4) the person will not authorize the use of the motor vehicle by any other person known by him to have been convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945; or
(5) the person will report immediately to a local law enforcement agency any unauthorized use of the motor vehicle by a person known by him to have been convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945.
(G) The department may conduct a hearing and receive testimony regarding the veracity of an affidavit submitted pursuant to subsection (F) or issue an agency decision to permit or deny the release of the vehicle based on the affidavit. A person may seek relief pursuant to the provisions of the Administrative Procedures Act from an agency action immobilizing a motor vehicle or denying the release of the motor vehicle.
(H) A person who operates an immobilized motor vehicle except as provided in subsections (E) and (F) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.
(I) A person who falsifies a report concerning vehicles owned by or registered to that person, or who fails to surrender registrations and license plates pursuant to this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.
(J) The court must assess a fee of forty A fee of fifty dollars for each motor vehicle owned by or registered to the person convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 must be paid to the department for each motor vehicle that was suspended before any of the suspended registrations and license plates may be registered or before the motor vehicle may be released pursuant to subsection (F). This fee must be placed by the Comptroller General into a special restricted interest bearing account to be used by the Department of Motor Vehicles to defray the its expenses of the Department of Motor Vehicles.
(K) For purposes of this article, a conviction of or plea of nolo contendere to former Section 56-5-2933 is considered a prior offense of Section 56-5-2930.
SECTION 7. Section 56-5-2945(A) and (B) of the 1976 Code is amended to read:
"(A) A person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, drives a motor vehicle and when driving a motor vehicle does any act forbidden by law or neglects any duty imposed by law in the driving of the motor vehicle, which act or neglect proximately causes great bodily injury or death to a person other than himself, is guilty of a felony the offense of felony driving while impaired and upon conviction must be punished:
(1) by a mandatory fine of not less than five thousand one hundred dollars nor more than ten thousand one hundred dollars and mandatory imprisonment for not less than thirty days nor more than fifteen years when great bodily injury results;
(2) by a mandatory fine of not less than ten thousand one hundred dollars nor more than twenty-five thousand one hundred dollars and mandatory imprisonment for not less than one year nor more than twenty-five years when death results.
A part of the mandatory sentences required to be imposed by this section must not be suspended, and probation must not be granted for any portion.
(B) As used in this section, 'great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. The Department of Motor Vehicles must suspend the driver's license of a person who is convicted or who receives sentence upon a plea of guilty or nolo contendere pursuant to this section for a period to include a term period of imprisonment incarceration plus three years for a conviction of Section 56-5-2945 when 'great bodily injury' occurs and five years when a death occurs. This period of incarceration shall not include any portion of a suspended sentence such as probation, parole, or supervised furlough community supervision. For suspension purposes of this Section, convictions arising out of a single incident shall run concurrently."
SECTION 8. Section 56-5-2950 of the 1976 Code is amended to read:
"Section 56-5-2950. (a)(A) A person who drives a motor vehicle in this State is considered to have given consent to chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol or drugs or the combination of alcohol and drugs if arrested for an offense arising out of acts alleged to have been committed while the person was driving a motor vehicle while under the influence of alcohol, drugs, or a combination of alcohol and drugs. A breath test must be administered at the direction of a law enforcement officer who has arrested a person for driving a motor vehicle in this State while under the influence of alcohol, drugs, or a combination of alcohol and drugs. At the direction of the arresting officer, the person first must be offered a breath test to determine the person's alcohol concentration. If the person is physically unable to provide an acceptable breath sample because he has an injured mouth, is unconscious or dead, or for any other reason considered acceptable by the licensed medical personnel, the arresting officer may request a blood sample to be taken. If the officer has reasonable grounds to believe suspicion that the person is under the influence of drugs other than alcohol, or is under the influence of a combination of alcohol and drugs, the officer may order that a urine sample be taken for testing. A breath sample taken for testing must be collected within two hours of the arrest. Any additional tests to collect other samples must be collected within three hours of the arrest. If the alcohol concentration is eight one-hundredths of one percent or above, the officer may not require additional tests of the person as provided in this chapter. The breath test must be administered by a person trained and certified by the Department of Public Safety, pursuant to SLED policies. The arresting officer may administer the tests if the person's conduct during the twenty-minute pre-test waiting period is videotaped pursuant to Section 56-5-2953(A)(2)(d). Before the breath test is administered, an eight one- hundredths of one percent simulator test must be performed and the result must reflect a reading between 0.076 percent and 0.084 percent. Blood and urine samples must be obtained by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, and other medical personnel trained to obtain the samples in a licensed medical facility. Blood and urine samples must be obtained and handled in accordance with procedures approved by SLED.
(B) No tests may be administered or samples obtained unless, following the activation of the video recording equipment, the person has been given a copy of and informed in writing that:
(1) he does not have to take the test or give the samples, but that his privilege to drive must be suspended or denied for at least ninety days six months if he refuses to submit to the tests and that his refusal may be used against him in court;
(2) his privilege to drive must be suspended for at least thirty days two months if he takes the tests or gives the samples and has an alcohol concentration of fifteen eight one-hundredths of one percent or more;
(3) he has the right to have a qualified person of his own choosing conduct additional independent tests at his expense;
(4) he has the right to request an administrative hearing within thirty days of the issuance of the notice of suspension; and
(5) if he does not request an administrative hearing or if his suspension is upheld at the administrative hearing, he must enroll in an Alcohol and Drug Safety Action Program.
(C) A hospital, physician, qualified technician, chemist, or registered nurse who obtains the samples or conducts the test or participates in the process of obtaining the samples or conducting the test in accordance with this section is not subject to a cause of action for assault, battery, or another cause alleging that the drawing of blood or taking samples at the request of the arrested person or a law enforcement officer was wrongful. This release from liability does not reduce the standard of medical care required of the person obtaining the samples or conducting the test. This qualified release also applies to the employer of the person who conducts the test or obtains the samples.
(D) The person tested or giving samples for testing may have a qualified person of his own choosing conduct additional tests at his expense and must be notified in writing of that right. A person's request or failure to request additional blood or urine tests is not admissible against the person in the criminal trial. The failure or inability of the person tested to obtain additional tests does not preclude the admission of evidence relating to the tests or samples obtained at the direction of the law enforcement officer.
(E) The arresting officer must provide affirmative assistance to the person to contact a qualified person to conduct and obtain additional tests. Affirmative assistance, at a minimum, includes providing transportation for the person to the nearest medical facility which provides performs blood tests to determine a person's alcohol concentration. If the medical facility obtains the blood sample but refuses or fails to test the blood sample to determine the person's alcohol concentration, SLED must test the blood sample and provide the result to the person and to the arresting officer. Failure to provide affirmative assistance upon request to obtain additional tests bars the admissibility of the breath test result in any judicial or administrative proceeding.
SLED must administer the provisions of this subsection and must make regulations necessary to carry out its provisions. The costs of the tests administered at the direction of the law enforcement officer must be paid from the general fund of the State.
(F) A qualified person who obtains samples or administers the tests or assists in obtaining samples or the administration of tests at the direction of a law enforcement officer is released from civil and criminal liability unless the obtaining of samples or tests is performed in a negligent, reckless, or fraudulent manner. No person may be required by the arresting officer, or by another law enforcement officer, to obtain or take any sample of blood or urine.
(b)(G) In the criminal prosecution for a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, relating to driving a vehicle under the influence of alcohol, drugs, or a combination of alcohol and drugs, the alcohol concentration at the time of the test, as shown by chemical analysis of the person's breath or other body fluids, gives rise to the following:
(1) If if the alcohol concentration was at that time five one-hundredths of one percent or less, it is conclusively presumed that the person was not under the influence of alcohol. impaired by alcohol;
(2) If if the alcohol concentration was at that time in excess of five one-hundredths of one percent but less than eight one-hundredths of one percent, this fact does not give rise to any inference that the person was or was not under the influence of impaired by alcohol, but this fact may be considered with other evidence in determining the guilt or innocence of the person.; or
(3) If if the alcohol concentration was at that time eight one-hundredths of one percent or more, it may be inferred that the person was under the influence of impaired by alcohol.
(4) If the alcohol concentration was at that time eight one-hundredths of one percent or more and the original testing of the person's breath or collection of other bodily fluids was performed within two hours of the time of arrest, the person has violated Section 56-5-2933.
The provisions of this section must not be construed as limiting the introduction of any other evidence bearing upon the question of whether or not the person was under the influence of impaired by alcohol, drugs, or a combination of them.
(c)(H) A person who is unconscious or otherwise in a condition rendering him incapable of refusal is considered to be informed and not to have withdrawn the consent provided by subsection (a) (A) of this section.
(d)(I) A person required to submit to tests by the arresting law enforcement officer must be provided with a written report including the time of arrest, the time of the tests, and the results of the tests before any trial or other proceeding in which the results of the tests are used as evidence. A person who obtains additional tests must furnish a copy of the time, method, and results of any test to the officer before any trial, hearing, or other proceeding in which the person attempts to use the results of the additional tests as evidence.
(e)(J) Policies, procedures, and regulations promulgated by SLED may be reviewed by the trial judge or hearing officer on motion of either party. The failure to follow any of these policies, procedures, and regulations, or the provisions of this section, shall may result in the exclusion from evidence of any tests results, if the trial judge or hearing officer finds that such this failure materially affected the accuracy or reliability of the tests results or the fairness of the testing procedure and the court rules specifically as to the manner in which the failure materially affected the accuracy or reliability of the test results or the fairness of the procedure.
(f)(K) If a state employee charged with the maintenance of breath testing devices in this State and the administration of breath testing policy is required to testify at an administrative hearing or court proceeding, the entity employing the witness may charge a reasonable fee to the defendant for these services."
SECTION 9. Section 56-5-2951 of the 1976 Code, as last amended by Act 381 of 2006, is further amended to read:
"Section 56-5-2951. (A) The Department of Motor Vehicles must suspend the driver's license, permit, or nonresident operating privilege of or deny the issuance of a license or permit to a person who drives a motor vehicle and refuses to submit to a test provided for in Section 56-5-2950 or has an alcohol concentration of fifteen eight one-hundredths of one percent or more. The arresting officer must issue a notice of suspension which is effective beginning on the date of the alleged violation of Section 56-5-2930, 56-5-2933, or 56-5-2945.
(B) Within thirty days of the issuance of the notice of suspension, the person may:
(1) obtain a temporary alcohol restricted license by filing with the Department of Motor Vehicles a form for this purpose. A one hundred-dollar fee must be assessed for obtaining a temporary alcohol restricted license. Twenty-five dollars of the fee must be retained by the Department of Public Safety for supplying and maintaining all necessary vehicle videotaping equipment. The remaining seventy-five dollars must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray the its expenses of the Department of Motor Vehicles. The temporary alcohol restricted license allows the person to drive without any restrictive conditions pending the outcome of the administrative hearing provided for in subsection (F) or the final decision or disposition of the matter. If the suspension is upheld at the administrative hearing, the temporary alcohol restricted license remains in effect until the Department of Motor Vehicles issues the hearing officer's decision and sends notice to the person that he is eligible to receive a special restricted license pursuant to subsection (H); and
(2) request an administrative hearing.
At the administrative hearing if:
(a) the suspension is upheld, the person's driver's license, permit, or nonresident operating privilege must be suspended or the person must be denied the issuance of a license or permit for the remainder of the suspension period provided for in subsection (I). Within thirty days of the issuance of the notice that the suspension has been upheld, the person must enroll in an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990;
(b) the suspension is overturned, the person must have his driver's license, permit, or nonresident operating privilege reinstated.
The provisions of this subsection do not affect the trial for a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945.
(C) The period of suspension provided for in subsection (I) begins on the day the notice of suspension is issued, or at the expiration of any other suspensions, and continues until the person applies for a temporary alcohol restricted license and requests an administrative hearing.
(D) If a person does not request an administrative hearing, he waives his right to the hearing, and his suspension must not be stayed but continues for the period provided for in subsection (I).
(E) The notice of suspension must advise the person of his right to obtain a temporary alcohol restricted driver's license and to request an administrative hearing. The notice of suspension also must advise the person that, if he does not request an administrative hearing within thirty days of the issuance of the notice of suspension, he waives his right to the administrative hearing, and the suspension continues for the period provided for in subsection (I). The notice of suspension must also advise the person that if the suspension is upheld at the administrative hearing or if he does not request an administrative hearing, he must enroll in an Alcohol and Drug Safety Action Program.
(F) An administrative hearing must be held within thirty days after the request for the hearing is received by the Division of Motor Vehicle Hearings. If the Division of Motor Vehicle Hearings does not hold the hearing within thirty days, the Division of Motor Vehicle Hearings must issue a written order within thirty days, stating the reasons why the hearing was not held within thirty days, and providing a schedule date for the hearing. If the Division of Motor Vehicle Hearings does not issue a written order within thirty days or fails within thirty days to notify the person of a hearing date, the person must have his driver's license, permit, or nonresident operating privilege reinstated. The scope of the hearing is limited to whether the person:
(1) was lawfully arrested or detained;
(2) was advised in writing given a written copy of and informed of the rights enumerated in Section 56-5-2950;
(3) refused to submit to a test pursuant to Section 56-5-2950; or
(4) consented to taking a test pursuant to Section 56-5-2950, and the:
(a) reported alcohol concentration at the time of testing was fifteen eight one-hundredths of one percent or more;
(b) individual who administered the test or took samples was qualified pursuant to Section 56-5-2950;
(c) tests administered and samples obtained were conducted pursuant to Section 56-5-2950; and
(d) the machine was working properly.
Nothing in this section prohibits the introduction of evidence at the administrative hearing on the issue of the accuracy of the breath test result.
A written order must be issued to all parties either reversing or upholding the suspension of the person's license, permit, or nonresident's operating privilege, or denying the issuance of a license or permit within thirty days after the conclusion of the administrative hearing. If the suspension is upheld, the person must receive credit for the number of days his license was suspended before he received a temporary alcohol restricted license and requested the administrative hearing.
(G) An administrative hearing is a contested case proceeding under the Administrative Procedures Act, and a person has a right to appeal the decision of the hearing officer pursuant to that act to the Administrative Law Court in accordance with its appellate rules. The filing of an appeal stays the suspension until a final decision is issued on appeal.
(H)(1) If the suspension is upheld at the administrative hearing, the person must enroll in an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 and may apply for a special restricted driver's license if he is employed or enrolled in a college or university. The special restricted license permits him to drive only to and from work and his place of education and in the course of his employment or education during the period of suspension. The special restricted license also permits him to drive to and from the Alcohol Drug Safety Action Program classes or to a court-ordered drug program. The department may issue the special restricted driver's license only upon showing by the individual that he is employed or enrolled in a college or university, that he lives further than one mile from his place of employment, place of education, or location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program, and that there is no adequate public transportation between his residence and his place of employment, his place of education, the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program.
(2) If the department issues a special restricted driver's license, it must designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance of Alcohol and Drug Safety Action Program classes, status of attendance of his court-ordered drug program, or residence must be reported immediately to the department by the licensee.
(3) The fee for a special restricted driver's license is one hundred dollars, but no additional fee may be charged because of changes in the place and hours of employment, education, or residence. Twenty dollars of this fee must be deposited in the state general fund, and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the Department of Motor Vehicles.
(4) The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460.
(I)(1) The period of a driver's license, permit, or nonresident operating privilege suspension for, or denial of issuance of a license or permit to, an arrested person who has no previous convictions for violating Section 56-5-2930, 56-5-2933, or 56-5-2945, or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug within the ten years preceding a violation of this section, and who has had no previous suspension imposed pursuant to Section 56-5-2950 or 56-5-2951 within the ten years preceding a violation of this section is (a) ninety days six months for a person who refuses to submit to a test pursuant to Section 56-5-2950; or (b) thirty days two months for a person who takes a test pursuant to Section 56-5-2950 and has an alcohol concentration of fifteen eight one-hundredths of one percent or more.
(2) The period of a driver's license, permit, or nonresident operating privilege suspension for, or denial of issuance of a license or permit to, an arrested person who has been convicted previously for violating Section 56-5-2930, 56-5-2933, or 56-5-2945, or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug within the ten years preceding a violation of this section, or who has had a previous suspension imposed pursuant to Section 56-5-2950 or 56-5-2951 within the ten years preceding a violation of this section is one hundred eighty days if he refuses to submit to a test pursuant to Section 56-5-2950 or sixty days if he takes a test pursuant to Section 56-5-2950 and has an alcohol concentration of fifteen one-hundredths of one percent or more.
(J) A person's driver's license, permit, or nonresident operating privilege must be restored when the person's period of suspension under subsection (I) has concluded, even if the person has not yet completed the Alcohol and Drug Safety Action Program in which he is enrolled. After the person's driving privilege is restored, he must continue the services of the Alcohol and Drug Safety Action Program in which he is enrolled. If the person withdraws from or in any way stops making satisfactory progress toward the completion of the Alcohol and Drug Safety Action Program, the person's license must be suspended until the completion of the Alcohol and Drug Safety Action Program. A person must be attending or have completed an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 before his driving privilege can be restored at the conclusion of the suspension period.
(K) When a nonresident's privilege to drive a motor vehicle in this State has been suspended under the provisions of this section, the department must give written notice of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he has a license or permit.
(L) The department must not suspend the privilege to drive of a person under the age of twenty-one pursuant to Section 56-1-286 if the person's privilege to drive has been suspended under this section arising from the same incident.
(M) A person whose driver's license or permit is suspended pursuant to this section is not required to file proof of financial responsibility.
(N) An insurer may not increase premiums on, or add surcharges to, or cancel the automobile insurance of a person charged with a violation of Section 56-1-286, 56-5-2930, 56-5-2933, or 56-5-2945, or any other another law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug unless he is convicted of the violation.
(O) The department must administer the provisions of this section and must promulgate regulations necessary to carry out its provisions.
(P) If a person does not request an administrative hearing within the thirty-day period as authorized pursuant to this section, the person may file with the department a form after enrolling in an approved a certified Alcohol and Drug Safety Action Program to apply for a special restricted driver's license. The special restricted license permits him to drive only to and from work and his place of education and in the course of his employment or education during the period of suspension. The special restricted license also permits him to drive to and from Alcohol and Drug Safety Action Program classes or a court-ordered drug program. The department may issue the special restricted driver's license at any time following the suspension upon a showing by the individual that he is employed or enrolled in a college or university, that he lives further than one mile from his place of employment, place of education, the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program, and that there is no adequate public transportation between his residence and his place of employment, his place of education, the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program. The department must designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance of Alcohol and Drug Safety Action Program classes, status of his court-ordered drug program, or residence must be reported immediately to the department by the licensee. The route restrictions, requirements, and fees imposed by the department for the issuance of the special restricted driver's license issued pursuant to this item are the same as those provided in this section had the person requested an administrative hearing. A special restricted driver's license is valid until the person successfully completes an approved a certified Alcohol and Drug Safety Action Program, unless the person fails to complete or make satisfactory progress to complete the program."
SECTION 10. Section 56-5-2953 of the 1976 Code is amended to read:
"Section 56-5-2953. (A) A person who violates Section 56-5-2930, 56-5-2933, or 56-5-2945 must have his conduct at the incident site and the breath test site videotaped video recorded.
(1) The videotaping video recording at the incident site must:
(a) not begin not later than the activation of the officer's blue lights; and conclude after the arrest of the person for a violation of Section 56-5-2930, 56-5-2933, or a probable cause determination that the person violated Section 56-5-2945; and
(b) include the officer advising the person that he is not under arrest, that the person is not required to perform field sobriety tests, and that the person is being investigated for the offense of driving under the influence of alcohol or another illegal substance;
(c) include the person being advised of his Miranda rights before any field sobriety tests are administered, if the tests are administered.; and
(d) include the arrest of a person for a violation of Section 56-5-2930 or a probable cause determination in that the person violated Section 56-5-2945, and show the person being advised of his Miranda rights.
(2) The videotaping video recording at the breath test site must:
(a) must be completed within three hours of the person's arrest for a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 or a probable cause determination that the person violated Section 56-5-2945, unless compliance is not possible because the person needs emergency medical treatment considered necessary by licensed medical personnel;
(b) must include the reading of Miranda rights, the entire breath test procedure, the person being informed that he is being videotaped video recorded, and that he has the right to refuse the test;
(c)(b) must include the person taking or refusing the breath test and the actions of the breath test operator while conducting the test; and
(d)(c) must also include the person's conduct during the required twenty-minute pre-test waiting period, unless the officer submits a sworn affidavit certifying that it was physically impossible to videotape video record this waiting period. However, if the arresting officer administers the breath test, the person's conduct during the twenty-minute pre-test waiting period must be videotaped.
(3) The videotapes video recordings of the incident site and of the breath test site are admissible pursuant to the South Carolina Rules of Evidence in a criminal, administrative, or civil proceeding by any party to the action.
(B) Nothing in this section may be construed as prohibiting the introduction of other relevant evidence in the trial of a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945. Failure by the arresting officer to produce the videotapes video records required by this section is not alone a ground for dismissal of any charge made pursuant to Section 56-5-2930, 56-5-2933, or 56-5-2945 if the arresting officer submits a sworn affidavit certifying that the videotape video recording equipment at the time of the arrest, or probable cause determination, or video equipment at the breath test device facility was in an inoperable condition, stating which reasonable efforts have been made to maintain the equipment in an operable condition, and certifying that there was no other operable breath test facility available in the county or, in the alternative, submits a sworn affidavit certifying that it was physically impossible to produce the videotape video recording because the person needed emergency medical treatment, or exigent circumstances existed. Further, in In circumstances including, but not limited to, road blocks, traffic accident investigations, and citizens' arrests, where an arrest has been made and the videotaping video recording equipment has not been activated by blue lights, the failure by the arresting officer to produce the videotapes video recordings required by this section is not alone a ground for dismissal. However, as soon as videotaping video recording is practicable in these circumstances, videotaping must begin and conform with the provisions of this section. Nothing in this section prohibits the court from considering any other valid reason for the failure to produce the videotape video recording based upon the totality of the circumstances; nor do the provisions of this section prohibit the person from offering evidence relating to the arresting law enforcement officer's failure to produce the videotape video recording.
(C) A videotape video recording must not be disposed of in any manner except for its transfer to a master tape recording for consolidation purposes until the results of any legal proceeding in which it may be involved are finally determined.
(D) SLED is responsible for purchasing, maintaining, and supplying all necessary videotaping video recording equipment for use at the breath test sites. SLED also is responsible for monitoring all breath test sites to ensure the proper maintenance of videotaping video recording equipment. The Department of Public Safety is responsible for purchasing, maintaining, and supplying all videotaping equipment for use in all law enforcement vehicles used for traffic enforcement. The Department of Public Safety also is responsible for monitoring all law enforcement vehicles used for traffic enforcement to ensure proper maintenance of videotaping video recording equipment.
(E) Beginning one month from the effective date of this act section, all of the funds received in accordance with Section 14-1-208(C)(9) must be expended by SLED to equip all breath test sites with videotaping video recording devices and supplies. Once all breath test sites have been equipped fully with videotaping video recording devices and supplies, eighty-seven and one-half percent of the funds received in accordance with Section 14-1-208(C)(9) must be expended by the Department of Public Safety to purchase, maintain, and supply videotaping video recording equipment for vehicles used for traffic enforcement. The remaining twelve and one-half percent of the funds received in accordance with Section 14-1-208(C)(9) must be expended by SLED to purchase, maintain, and supply videotaping video recording equipment for the breath test sites. Funds must be distributed by the State Treasurer to the Department of Public Safety and SLED on a monthly basis. The Department of Public Safety and SLED are authorized to carry forward any unexpended funds received in accordance with Section 14-1-208(C)(9) as of June thirtieth of each year and to expend these carried forward funds for the purchase, maintenance, and supply of videotaping video recording equipment. The Department of Public Safety and SLED must report the revenue received under this section and the expenditures for which the revenue was used as required in the department's and SLED's annual appropriation request to the General Assembly.
(F) The Department of Public Safety and SLED must promulgate regulations necessary to implement the provisions of this section.
(G) The provisions contained in Section 56-5-2953(A), (B), and (C) take effect for each law enforcement vehicle used for traffic enforcement once the law enforcement vehicle is equipped with a videotaping video recording device. The provisions contained in Section 56-5-2953(A), (B), and (C) take effect for a breath test site once the breath test site is equipped with a videotaping video recording device."
SECTION 11. Section 56-5-2954 of the 1976 Code is amended to read:
"Section 56-5-2954. The State Law Enforcement Division and each law enforcement agency with a breath testing site is required to maintain a detailed record of malfunctions, repairs, complaints, or other problems regarding breath testing devices at each site. These records must be electronically recorded. These records, including any and all remarks, must be entered into a breath testing device and subsequently made available on the State Law Enforcement Division website. The records required by this section are subject to compulsory process issued by any court of competent jurisdiction in this State and are public records under the Freedom of Information Act."
SECTION 12. Section 1-23-600 of the 1976 Code, as last amended by Act 387 of 2006, is further amended to read:
"Section 1-23-600. (A) A full and complete record must be kept of all contested cases and regulation hearings before an administrative law judge. All testimony must be reported, but need not be transcribed unless a transcript is requested by any party. The party requesting a transcript is responsible for the costs involved. Proceedings before administrative law judges are open to the public unless confidentiality is allowed or required by law. The presiding administrative law judge must render the decision in a written order. The decisions or orders of administrative law judges are not required to be published but are available for public inspection unless confidentiality is allowed or required by law.
(B) An administrative law judge shall preside over all hearings of contested cases as defined in Section 1-23-310 or Article I, Section 22, Constitution of the State of South Carolina, 1895, involving the departments of the executive branch of government as defined in Section 1-30-10 in which a single hearing officer, or an administrative law judge, is authorized or permitted by law or regulation to hear and decide these cases, except those arising under the Occupational Safety and Health Act, those matters arising under the Consolidated Procurement Code, those matters heard by the Public Service Commission, the Employment Security Commission, the Workers' Compensation Commission, or other cases or hearings which are prescribed for or mandated by federal law or regulation, unless otherwise by statute or regulation specifically assigned to the jurisdiction of the Administrative Law Court. Unless otherwise provided by statute, the standard of proof in a contested case is by a preponderance of the evidence.
(C) All requests for a hearing before the Administrative Law Court must be filed in accordance with the court's rules of procedure. Any party that files a request for a hearing with the Administrative Law Court must simultaneously serve a copy of the request on the affected agency. Upon the filing of the request, the chief judge shall assign an administrative law judge to the case.
(D) An administrative law judge also shall preside over all appeals from final decisions of contested cases pursuant to the Administrative Procedures Act, Article I, Section 22, Constitution of the State of South Carolina, 1895, or another law, except that an appeal from a final order of the Public Service Commission and the State Ethics Commission is to the Supreme Court or the court of appeals as provided in the South Carolina Appellate Court Rules, an appeal from the Procurement Review Panel is to the circuit court as provided in Section 11-35-4410, an appeal from the Workers' Compensation Commission is to the circuit court as provided in Section 42-17-60, and an appeal from the Employment Security Commission is to the circuit court as provided in Section 41-35-750.
(E) Notwithstanding another provision of law, a state agency authorized by law to seek injunctive relief may apply to the Administrative Law Court for injunctive or equitable relief pursuant to Section 1-23-630. The provisions of this section do not affect the authority of an agency to apply for injunctive relief as part of a civil action filed in the court of common pleas.
(F) Notwithstanding another provision of law, the Administrative Law Court has jurisdiction to review and enforce an administrative process issued by a department of the executive branch of government, as defined in Section 1-30-10, such as a subpoena, administrative search warrant, cease and desist order, or other similar administrative order or process. A department of the executive branch of government authorized by law to seek an administrative process may apply to the chief administrative law judge or his designee to issue or enforce an administrative process. A party aggrieved by an administrative process issued by a department of the executive branch of government may apply to the chief administrative law judge for relief from the process as provided in the Rules of the Administrative Law Court.
(G)(1) This subsection applies to timely requests for a contested case hearing pursuant to this section of decisions by departments governed by a board or commission authorized to exercise the sovereignty of the State.
(2) A request for a contested case hearing for an agency order stays the order. A request for a contested case hearing for an order to revoke or suspend a license stays the revocation or suspension. A request for a contested case hearing for a decision to renew a license for an ongoing activity stays the renewed license, the previous license remaining in effect pending completion of administrative review. A request for a contested case hearing for a decision to issue a new license stays all actions for which the license is a prerequisite; matters not affected by the request may not be stayed by the filing of the request. Requests for contested case hearings challenging only the amount of fines or penalties must be deemed not to affect those portions of orders imposing substantive requirements.
(3) The general rule of subsection (G)(2) does not stay emergency actions taken by an agency pursuant to an applicable statute or regulation.
(4) After a contested case is initiated before the Administrative Law Court, any party may move before the presiding administrative law judge to lift the stay imposed pursuant to this subsection.
(5) A final decision issued by the Administrative Law Court in a contested case may not be stayed except by order of the Administrative Law Court, the court of appeals, or in cases when Section 1-23-610(A) applies, the appropriate board or commission.
(6) Nothing contained in this subsection constitutes a limitation on the authority of the Administrative Law Court to impose a stay as otherwise provided by statute or by rule of court.
(H) If a petition for judicial review of a final order of the Administrative Law Court is not filed appealed in accordance with the provisions of Section 1-23-600, upon request of a party to the proceedings, the clerk of the Administrative Law Court must file a certified copy of the final order with a clerk of the circuit court, as requested, or court of competent jurisdiction, as requested. After filing, the certified order has the same effect as a judgment of the court where filed and may be recorded, enforced, or satisfied in the same manner as a judgment of that court."
SECTION 13. Section 1-23-660 of the 1976 Code, as last amended by Act 387 of 2006, is further amended to read:
"Section 1-23-660. There is created within the Administrative Law Court the Division of Motor Vehicle Hearings. The Chief Judge of the Administrative Law Court shall serve as the Director of the Division of Motor Vehicle Hearings. The duties, functions, and responsibilities of all hearing officers and associated staff of the Department of Motor Vehicles are devolved upon the Administrative Law Court effective January 1, 2006. The hearing officers and staff positions, together with the appropriations relating to these positions, are transferred to the Division of Motor Vehicle Hearings of the Administrative Law Court on January 1, 2006. The hearing officers and staff shall be appointed, hired, contracted, and supervised by the chief judge of the court and shall continue to exercise their present Department of Motor Vehicle functions, duties, and responsibilities under the auspices of the Administrative Law Court as directed by the chief judge and shall perform such other functions and duties as the chief judge of the court shall prescribe. All employees of the division shall serve at the will of the chief judge. The chief judge is solely responsible for the administration of the division, the assignment of cases, and the administrative duties and responsibilities of the hearing officers and staff. Notwithstanding another provision of law, the chief judge also has the authority to promulgate rules governing practice and procedures before the division. These rules are subject to review as are the rules of procedure promulgated by the Supreme Court pursuant to Article V of the South Carolina Constitution. Notwithstanding the foregoing, and in addition to the assistant provided for in Section 1-23-580(B), the Administrative Law Court must hire and supervise a law clerk or other assistant solely to assist the judges who hear Department of Motor Vehicle Hearing appeals with the administration of those appeals. The law clerk or other assistant must be selected by a majority of the judges who hear Department of Motor Vehicle Hearing appeals. The position must be funded from the appropriations to hear cases from the Department of Motor Vehicles and shall be filled before the support staff of the division shall assume their functions and duties with the court.
The Budget and Control Board shall assist with all necessary actions to be taken to accomplish this transfer in consultation with the agency head of the transferring and receiving agencies.
Notwithstanding another provision of law, the hearing officers shall conduct hearings in accordance with Chapter 23 of Title 1, the Administrative Procedures Act, and the rules of procedure for the Administrative Law Court, at suitable locations as determined by the chief judge. For purposes of this section, any law enforcement agency that employs and officer who requested a breath test and any law enforcement agency that employs a person who acted as a breath test operator resulting in a suspension pursuant to Section 56-1-286 or 56-5-2951 is a party to the hearing and shall be served with appropriate notice, afforded the opportunity to request continuances and participate in the hearing, and provided a copy of all orders issued in the action. Representatives of the Department of Motor Vehicles are not required to appear at implied consent, habitual offender, financial responsibility, or point suspension hearings. The Department of Motor Vehicles shall continue to provide the existing locations within their facilities for such hearings as prescribed by the chief judge. The hearing officers are bound by the Code of Judicial Conduct, as contained in Rule 501 of the South Carolina Appellate Court Rules. The State Ethics Commission is responsible for enforcement and administration of those rules and for the issuance of advisory opinions on the requirements of those rules for administrative law judges and hearing officers pursuant to the procedures contained in Section 8-13-230. Notwithstanding another provision of law, an administrative law judge or hearing officer, and the judge's or hearing officer's spouse or guest, may accept an invitation to and attend a judicial-related or bar-related function, or an activity devoted to the improvement of the law, the legal system, or the administration of justice. Appeals from decisions of the hearing officers must be taken to the Administrative Law Court pursuant to the court's appellate rules of procedure. Tape recordings of all hearings will be made part of the record on appeal, along with all evidence introduced at hearings, and copies will be provided to parties to those appeals at no charge. The chief judge shall not hear any appeals from these decisions. Nonetheless, the chief judge is not disqualified from, and remains responsible for, adjudicating cases under Section 1-23-600."
SECTION 14. Section 38-77-140 of the 1976 Code, as last amended by Act 395 of 2006, is further amended to read:
"Section 38-77-140. (A) An automobile insurance policy may not be issued or delivered in this State to the owner of a motor vehicle or may not be issued or delivered by an insurer licensed in this State upon a motor vehicle then principally garaged or principally used in this State, unless it contains a provision insuring the persons defined as insured against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of these motor vehicles within the United States or Canada, subject to limits exclusive of interest and costs, with respect to each motor vehicle, as follows:
(1) twenty-five thousand dollars because of bodily injury to one person in any one accident and, subject to the limit for one person;
(2) fifty thousand dollars because of bodily injury to two or more persons in any one accident; and
(3) twenty-five thousand dollars because of injury to or destruction of property of others in any one accident.
(B) However, when a person has been convicted of a second or subsequent offense of a crime contained in Section 56-5-2930, the automobile insurance policy must provide liability protection with the following minimum limits:
(1) one hundred thousand dollars because of bodily injury to one person in any one accident;
(2) three hundred thousand dollars because of bodily injury to two or more persons in any one accident; and
(3) three hundred thousand dollars because of an aggregate of bodily injury and destruction of property of others.
(C) Nothing in this article prevents an insurer from issuing, selling, or delivering a policy providing liability coverage in excess of these requirements."
SECTION 15. Section 56-1-400 of the 1976 Code is amended to read:
"Section 56-1-400. The Department of Motor Vehicles, upon suspending or revoking a license, shall require that such license shall be surrendered to the department. At the end of the period of suspension, other than suspension for reckless driving, driving under the influence of intoxicants or pursuant to the point system such license so surrendered shall be returned to the licensee, or in the discretion of the department, a new license issued to him. The department shall not return nor restore a license which has been suspended for reckless driving, driving under the influence of intoxicants, or for violations under the point system until the person has filed an application for a new license, submitted to an examination as upon an original application, and has satisfied the department, after an investigation of the character, habits, and driving ability of the person, that it would be safe to grant him the privilege of driving a motor vehicle on the public highways. Provided However, the department, in its discretion, where the suspension is for violation under the point system may waive such examination, application, and investigation. A record of suspension shall be endorsed on the license returned to the licensee, or the new license issued to the licensee, showing grounds of such suspension. In the case of a license suspended for driving under the influence of intoxicants, the endorsement on the license returned to the licensee, or the new license issued to the licensee, conspicuously must identify the licensee as a person who may only operate a motor vehicle with an ignition interlock device installed and the endorsement must be maintained on the license for the duration of the period for which the ignition interlock device must be maintained pursuant to Section 56-5-2941. After five years from the date of conviction or suspension, the driver may apply for a new identical license, and the department shall issue such identical license without any notation of suspension endorsed thereon. But this provision shall not affect nor bar the reckoning of prior offenses for reckless driving and driving under the influence of intoxicating liquor or narcotic drugs, as provided in Article 23 of Chapter 5 of this title.
Any person whose license has been suspended or revoked for an offense within the jurisdiction of the court of general sessions shall provide the department with proof that the fine owed by the person has been paid before the department may return or issue the person a license. Proof that the fine has been paid may be a receipt from the clerk of court of the county in which the conviction occurred stating that the fine has been paid in full."
SECTION 16. Section 56-1-1090 of the 1976 Code, as last amended by Act 381 of 2006, is further amended to read:
"Section 56-1-1090. No license to operate motor vehicles in this State may be issued to an habitual offender nor shall a nonresident habitual offender operate a motor vehicle in this State:
(a) for a period of five years from the date of a final decision by the Department of Motor Vehicles that a person is an habitual offender and if, upon appeal, the finding is sustained by a magistrate hearing officer of the Division of Motor Vehicle Hearings unless the period is reduced to two years as permitted in item (c);
(b) until financial responsibility requirements are met;
(c) until, upon petition to the Division of Motor Vehicle Hearings and for good cause shown, the hearing officer may restore to the person the privilege to operate a motor vehicle in this State upon terms and conditions as the department may prescribe in accordance with regulations promulgated pursuant to this section, subject to other provisions of law relating to the issuance of drivers' licenses. The petition permitted by this item may be filed after two years have expired from the date of the decision of the department finding the person to be an habitual offender. At this time and after hearing, the hearing officer may reduce the five-year period of item (a) to a two-year period for good cause shown. If the two-year period is granted, it must run from the date of the final decision of the hearing officer. If the two-year period is not granted, no petition may be filed again until after five years have expired from the date of the decision of the hearing officer. However, a petition or court order is not required for the restoration of driving privileges, and the issuance of a license after the five-year waiting period has expired and all financial responsibilities have been fulfilled. The department must promulgate regulations to implement the provisions of this section as provided by Article 1, Chapter 23 of Title 1. The regulations must set forth the terms and conditions under which the habitual offender suspension period may be reduced."
SECTION 17. Section 56-5-2941 of the 1976 Code is amended to read:
"Section 56-5-2941. (A)(1) In Except as otherwise provided in this section, in addition to the penalties required and authorized to be imposed against a person violating the provisions of Section 56-5-2930 , 56-5-2933, or 56-5-2945, the court may must require such the person, whether or not he is a first or subsequent offender and if he is a resident of this State, to have installed on the any vehicle he was operating if it is registered and licensed in his name or in the name of a member of his immediate family an ignition interlock device designed to prevent the operation of the motor vehicle if the operator has consumed alcoholic beverages. The court may waive the requirements of this section if it finds that the offender has a medical condition that makes him incapable of properly operating the installed device. The court in imposing the requirements of this section shall specify the length of time which the interlock device is required to be affixed to the vehicle, shall provide that the cost of the interlock device must be borne by the offender, and shall require the offender to periodically report to appropriate law enforcement or probation authorities for the purpose of verifying that the interlock device is affixed to the vehicle and operational during the time required by the court. The State Law Enforcement Division, in consultation with the Department of Public Safety, shall develop regulations including, but not limited to, regulations governing the use, maintenance, and operation of ignition interlock devices.
If the offender is determined to be indigent by the court and cannot afford the cost of the ignition interlock device, the court may order an interlock device to be affixed to the vehicle and paid for by the jurisdiction making the arrest from fines paid pursuant to Sections 56-5-2930, 56-5-2933, and 56-5-2945.
(2) The court, when imposing the requirements of this section, shall:
(a) specify that the length of time that an interlock device is required to be affixed to a vehicle pursuant to this section following the completion of a period of license suspension imposed on the offender is one year for the first offense, two years for the second offense, three years for the third offense, and the remainder of the offender's life for a fourth or subsequent offense;
(b) provide that the cost of the interlock device must be borne by the offender. However, if the offender is determined to be indigent by the court and cannot afford the cost of the ignition interlock device, the court may order an interlock device to be affixed to the vehicle and paid for by the jurisdiction making the arrest from fines paid pursuant to Sections 56-5-2930, 56-5-2933, and 56-5-2945; and
(c) require the offender to have the interlock device inspected every sixty days to verify that the device is affixed to the vehicle and properly operating. Only a service provider authorized by the department to perform inspections on interlock devices may conduct inspections. The service provider immediately must report any devices that fail inspection to the department. The report must contain the name of the offender, identify the vehicle upon which the failed device is installed, and the reason for the failed inspection.
(B) An order of the court imposing the requirements of this section must be transmitted to the Department of Probation, Parole and Pardon Services in the manner provided in Section 56-5-2970.
(C) Ten years from the date of his last conviction and every ten years thereafter, a fourth or subsequent offender may apply to the department for removal of the ignition interlock device and the removal of the endorsement from his driver's license. The department for good cause shown may remove the device and remove the endorsement from the offender's license.
(D) Except as otherwise provided in this section, it is unlawful for a person issued a driver's license with an ignition interlock endorsement to operate a vehicle that is not equipped with a properly operating, certified ignition interlock device. A person who violates this section must be punished in the manner provided in Section 56-5-2940.
(E) An offender that is required in the course and scope of his employment to operate a motor vehicle owned by the offender's employer, may operate his employer's motor vehicle without installation of an ignition interlock device. However, the offender's use of the employer's vehicle is solely for the employer's business purposes.
(F) It is unlawful for a person to tamper with or disable, or attempt to tamper with or disable, an ignition interlock system installed on a vehicle pursuant to this section. a person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than thirty days, or both.
(G) It is unlawful for a person to knowingly rent, lease, or otherwise provide an offender with a vehicle without a properly operating, certified ignition interlock device. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than thirty days, or both.
(H) It is unlawful for an offender to solicit or request another person, or for a person to solicit or request another person on behalf of an offender, to engage an ignition interlock system to start a motor vehicle with a device installed pursuant to this section. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than thirty days, or both.
(I) It is unlawful for another person to engage an ignition interlock device to start a motor vehicle with a device installed pursuant to this section. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than thirty days, or both.
(J) Only ignition interlock devices certified by the department may be used to fulfill the requirements of this section.
(K) The department must certify whether a device meets the accuracy requirements and specifications provided in guidelines or regulations adopted by the National Highway Traffic Safety Administration, as amended from time to time.
(L) The department shall maintain a current list of certified devices and their manufacturer. The list must be updated at least quarterly. If a particular certified device fails to continue to meet federal requirements, the device must be decertified, may not be used until it is compliant with federal requirements, and must be replaced with a device that meets federal requirements. The cost for removal and replacement must be borne by the manufacturer of the non-certified device.
(M) Only ignition interlock installers certified by the department may install and service ignition interlock devices required pursuant to this section. The department shall maintain a current list of vendors that are certified to install the devices.
(N) In addition to availability under the Freedom of Information Act, any Department of Probation, Parole and Pardon Services policy, procedure, or regulation concerning ignition interlock devices must be made publicly accessible on the department's internet web site.
(O) The Department of Probation, Parole and Pardon Services shall promulgate regulations including, but not limited to, regulations governing the certification, use, maintenance, and operation of ignition interlock devices."
SECTION 18. Section 56-5-2949 of the 1976 Code is amended to read:
"Section 56-5-2949. In addition to availability under the Freedom of Information Act, any South Carolina Law Enforcement Division policy, procedure, or regulation concerning breath alcohol testing, or breath site videotaping, or ignition interlock which is in effect on or after July 1, 2000, shall must be made publicly accessible on the SLED internet web site. A policy, procedure, or regulation may be removed from the SLED web site only after five years from the effective date of the subsequent revision.
SECTION 19. Section 56-9-550 of the 1976 Code is amended to read:
"Section 56-9-550. (A) Proof of financial responsibility may be furnished by filing with the Department of Motor Vehicles the written certificate or notice by magnetic or electronic media in a manner satisfactory to the department of any insurance carrier authorized to do business in this State certifying that there is in effect a motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility. The certificate or notice shall give the date of the motor vehicle liability policy, which must be the same as the effective date of the certificate or notice and shall designate by explicit description or by appropriate reference all motor vehicles covered, unless the policy is issued to a person who is not the owner of a motor vehicle. The policy must be written for a minimum term of six months. A certificate or notice of insurance shall remain in full force and effect for a period of at least ninety days unless the certificate or notice is canceled by the insurance company for some reason other than nonpayment of premium. Should a certificate or notice of insurance be canceled after ninety days for nonpayment of premium, the insurance company issuing the certificate or notice immediately shall notify the department that the reason for cancellation is for nonpayment of premium. Should a certificate or notice of insurance be canceled for any reason other than for nonpayment of premium, the insurance company issuing the certificate or notice immediately shall notify the department that the cancellation is not for nonpayment of premium. The department may refuse acceptance of the certificate or notice of insurance required under this section if the certificate or notice is filed:
(1) by an agent or company found to be in violation of any of the provisions of this chapter; or
(2) for a person who previously has had a certificate or notice canceled for nonpayment of premium, unless the policy under which the certificate or notice is issued is certified to be noncancellable for a period of one year for nonpayment of premium.
No motor vehicle may be or may continue to be registered in the name of a person required to file proof of financial responsibility unless the motor vehicle is designated in the certificate or notice.
(B) When a person has been convicted of a second or subsequent offense of Section 56-5-2930, the person must provide proof that a motor vehicle liability policy for the benefit of the person is in effect with the following minimum limits:
(1) one hundred thousand dollars because of bodily injury to one person in any one accident;
(2) three hundred thousand dollars because of bodily injury to two or more persons in any one accident; and
(3) three hundred thousand dollars because of an aggregate of bodily injury and destruction of property of others.
Nothing in this article prevents an insurer from issuing, selling, or delivering a policy providing liability coverage in excess of these requirements."
SECTION 20. Title 56 of the 1976 Code is amended by adding:
Section 56-6-10. For the purposes of this chapter:
(1) 'continuous alcohol monitoring' means the ability to automatically test and periodically transmit alcohol consumption levels and tamper attempts at least every hour, regardless of the location of the person who is being monitored; and
(2) 'continuous alcohol-monitoring device' means a portable device capable of automatically and periodically testing and recording alcohol consumption levels and automatically and periodically transmitting this information and tamper attempts regarding the device, regardless of the location of the person being monitored.
Section 56-6-20. (A) If a person has been convicted of a second or subsequent offense of a violation of the provisions contained in Section 56-5-2930 or if a person has been convicted of a provision contained in Section 56-5-2945, the court also may order the use of a continuous alcohol-monitoring device and abstention from alcohol use at all times. The device, without tampering or the intervention of another person, shall test and record the alcohol consumption level of the offender on a periodic basis and transmit this information to the appropriate authorities at the Department of Probation, Parole and Pardon Services.
(B) The court, in imposing the requirements of this section, shall specify the length of time that the continuous alcohol-monitoring device is required to be in effect, shall provide that the cost of the continuous alcohol-monitoring device must be borne by the offender, and shall require the offender to periodically report to appropriate authorities of the Department of Probation, Parole and Pardon Services for the purpose of verifying that the continuous alcohol-monitoring device is attached to the offender and is operational during the time required by the court.
(C) If the offender fails to periodically report to the appropriate authorities of the Department of Probation, Parole and Pardon Services for the purposes of verifying that the continuous alcohol-monitoring device is attached to the offender and is operational during the time required, this failure alone is not sufficient basis for incarceration for a probation violation.
(D) If the offender is determined to be indigent by the court and cannot afford the cost of the continuous alcohol-monitoring device, the court may order the device to be paid for by the jurisdiction making the arrest from fines paid pursuant to Sections 56-5-2930 or 56-5-2945.
Section 56-6-30. The Department of Probation, Parole and Pardon Services shall promulgate regulations with respect to continuous alcohol monitoring including, but not limited to, regulations governing the use, maintenance, and operation of the continuous alcohol-monitoring device."
SECTION 21. Sections 56-5-2933, 56-5-2940, and 56-5-3000 are repealed.
SECTION 22. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 23. 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 24. This act takes effect at 12:00 p.m. on the first Tuesday following sixty days after the signature of the Governor, or August 21, 2007, whichever is later. /
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.
Rep. G. M. SMITH proposed the following Amendment No. 2 (Doc Name COUNCIL\MS\7327AHB07), which was adopted:
Amend the bill, as and if amended, by deleting Section 56-5-2953(A), as contained in SECTION 10, beginning on page 3496-30 and line 39, and inserting:
/ (A) A person who violates Section 56-5-2930, 56-5-2933, or 56-5-2945 must have his conduct at the incident site and the breath test site videotaped video recorded.
(1) The videotaping video recording at the incident site must:
(a) not begin not later than the activation of the officer's blue lights; and conclude after the arrest of the person for a violation of Section 56-5-2930, 56-5-2933, or a probable cause determination that the person violated Section 56-5-2945; and
(b) include the person being advised of his Miranda rights before any field sobriety tests are administered, if the tests are administered. ; and
(c) include the arrest of a person for a violation of Section 56-5-2930 or a probable cause determination in that the person violated Section 56-5-2945, and show the person being advised of his Miranda rights.
(2) The videotaping video recording at the breath test site must:
(a) must be completed within three hours of the person's arrest for a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 or a probable cause determination that the person violated Section 56-5-2945, unless compliance is not possible because the person needs emergency medical treatment considered necessary by licensed medical personnel;
(b) must include the reading of Miranda rights, the entire breath test procedure, the person being informed that he is being videotaped video recorded, and that he has the right to refuse the test;
(c)(b) must include the person taking or refusing the breath test and the actions of the breath test operator while conducting the test; and
(d)(c) must also include the person's conduct during the required twenty-minute pre-test waiting period, unless the officer submits a sworn affidavit certifying that it was physically impossible to videotape video record this waiting period. However, if the arresting officer administers the breath test, the person's conduct during the twenty-minute pre-test waiting period must be videotaped.
(3) The videotapes video recordings of the incident site and of the breath test site are admissible pursuant to the South Carolina Rules of Evidence in a criminal, administrative, or civil proceeding by any party to the action. /
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.
Rep. G. M. SMITH proposed the following Amendment No. 3 (Doc Name COUNCIL\SWB\5309CM07), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 5 and inserting:
/ SECTION 5. Section 56-5-2934 of the 1976 Code is amended to read:
"Section 56-5-2934. Notwithstanding any other provision of law, a person charged with a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 who is being tried in any court of competent jurisdiction in this State has the right to compulsory process for obtaining witnesses, documents, or both, including, but not limited to, state employees charged with the maintenance of breath testing devices in this State and the administration of breath testing pursuant to this article. This process may be issued under the official signature of the magistrate, judge, clerk, or other officer of the court of competent jurisdiction. The portion of compulsory process provided for in this section that requires the attendance, at any administrative hearing or court proceeding, of state employees charged with the maintenance of breath testing devices in this State and the administration of breath testing pursuant to this article, takes effect once the compulsory process program at the State Law Enforcement Division is specifically, fully, and adequately funded.
In addition, at the time of arrest for a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, the arresting officer, in addition to other notice requirements, must inform the defendant of his right to all hearings provided by law to include those if a breath test is refused or taken with a result that would require license suspension. The arresting officer, if the defendant wishes to avail himself of any such hearings, depending on the choices made or the breath test results obtained, must provide the defendant with the appropriate form to request the hearing or hearings. The defendant must acknowledge receipt of the notice requirements and receipt of the hearing form if such a hearing or hearings are desired." /
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3528 (Word version) -- Reps. M. A. Pitts, Stewart, G. M. Smith, Merrill, Bedingfield, Perry, Davenport, Bingham, Brantley, Chellis, Delleney, Hinson, Jefferson, Knight, Lowe, Mulvaney, J. M. Neal, Ott, Owens, Stavrinakis, Toole, Vick, White, Williams, Young, Mahaffey and Umphlett: A BILL TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO RESTRICT THE CIRCUMSTANCES UPON WHICH THE STATE LAW ENFORCEMENT DIVISION MAY RELEASE ITS LIST OF PERMIT HOLDERS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5302CM07), which was adopted:
Amend the bill, as and if amended, Section 23-31-215(I) as contained in SECTION 1, page 1, by inserting /, or if the list is required to be released pursuant to a subpoena or court order / before the period on line 28.
When amended, Section 23-31-215(I) shall read:
/ "(I) SLED must maintain a list of all permit holders and the current status of each permit. Upon request, SLED must may release the list of permit holders or verify an individual's permit status only if the request is made by a law enforcement agency to aid in an official investigation, or if the list is required to be released pursuant to a subpoena or court order. SLED may charge a fee not to exceed its costs in releasing the information under this subsection." /
Renumber sections to conform.
Amend title to conform.
Rep. TALLEY explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. M. A. PITTS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Anderson Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham G. Brown R. Brown Cato Chalk Cooper Cotty Crawford Dantzler Davenport Delleney Duncan Edge Frye Funderburk Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Harvin Haskins Hayes Herbkersman Hinson Hodges Hosey Huggins Jefferson Jennings Kelly Kennedy Kirsh Knight Limehouse Littlejohn Loftis Lowe Lucas Mahaffey McLeod Merrill Miller Mitchell Moss Mulvaney J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Vick Viers Walker Weeks White Whitmire Williams Witherspoon Young
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
I was out of the Chamber temporarily on constituent business when the vote was taken on H. 3528. Had I been present, I would have voted in favor of the Bill.
Rep. Christopher R. Hart
I was out of the Chamber temporarily on constituent business when the vote was taken on H. 3528. Had I been present, I would have voted in favor of the Bill.
Rep. Converse Chellis
The following Bill was taken up:
S. 446 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Anderson, Vaughn, Hawkins, Scott, Williams, Drummond, Mescher, Thomas, Short, Hutto, Leatherman, Richardson, Leventis, Elliott, Patterson, Pinckney, Land, Lourie, Jackson, Peeler, Sheheen, Moore and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "INDIGENT DEFENSE ACT" BY ADDING SECTION 17-3-5 SO AS TO DEFINE CERTAIN TERMS FOR PURPOSES OF THE CHAPTER; BY ADDING ARTICLE 5, CHAPTER 3, TITLE 17 SO AS TO ESTABLISH CIRCUIT PUBLIC DEFENDER SELECTION PANELS, PROVIDE FOR THEIR MEMBERSHIP AND RESPONSIBILITIES RELATED TO THE APPOINTMENT OF CIRCUIT PUBLIC DEFENDERS, PROVIDE ELIGIBILITY REQUIREMENTS FOR CIRCUIT PUBLIC DEFENDERS AND ESTABLISH THEIR DUTIES, AND AUTHORIZE THE CIRCUIT PUBLIC DEFENDERS TO EMPLOY CHIEF COUNTY PUBLIC DEFENDERS AND OTHER NECESSARY PERSONNEL; TO AMEND SECTION 17-3-30, RELATING TO THE AFFIDAVIT REGARDING A PERSON'S INABILITY TO EMPLOY COUNSEL AND PAYMENT OF AN INDIGENT PERSON'S ASSETS TO THE STATE, SO AS TO PROVIDE THOSE ASSETS ARE TO BE PAID TO THE GENERAL FUND OF THE STATE; TO AMEND SECTION 17-3-50, RELATING TO FEES FOR APPOINTED COUNSEL AND PUBLIC DEFENDERS, SO AS TO DELETE OBSOLETE LANGUAGE REGARDING THE APPOINTMENT OF COUNSEL IN ACCORDANCE WITH A PLAN PROMULGATED BY THE BAR OF EACH COUNTY; TO AMEND SECTION 17-3-90, RELATING TO PAYMENT VOUCHERS FOR PRIVATE, APPOINTED COUNSEL, SO AS TO MAKE CONFORMING CHANGES AND TO AUTHORIZE THE OFFICE OF INDIGENT DEFENSE TO PRESENT THE VOUCHER TO THE TRIAL JUDGE FOR APPROVAL; BY REVISING ARTICLE 3, CHAPTER 3, TITLE 17, SO AS TO MAKE CONFORMING CHANGES TO THE ARTICLE IN RELATION TO THE ADDITION OF ARTICLE 5; AND TO REPEAL SECTION 17-3-60 RELATING TO PROCEDURES FOR ESTABLISHING PUBLIC DEFENDER SYSTEMS IN COUNTIES AND SECTION 17-3-70 RELATING TO APPROPRIATIONS FOR MAINTENANCE OF DEFENDER CORPORATIONS AND COMPENSATION OF APPOINTED COUNSEL.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7316AHB07), which was adopted:
Amend the bill, as and if amended, by deleting Section 17-3-520(B)(6), as contained in SECTION 3, page 5, lines 36 and 37, and inserting:
/ (6) developing and presenting for the commission's approval a circuit plan for the delivery of criminal indigent defense services; /
Amend the bill further, by deleting Section 17-3-520(B)(8), as contained in SECTION 3, beginning on page 5, beginning on line 42, and inserting:
/ (8) negotiating and entering into contracts, as appropriate and when authorized by the commission, with independent counsel actively practicing within the circuit for the provision of indigent defense services in cases in which a conflict of interest exists in the circuit public defender office and in other criminal cases in the circuit in which indigent defense representation by independent counsel is necessary or advisable; /
Amend the bill further, by deleting Section 17-3-310, as contained in SECTION 7, beginning on page 15, beginning on line 6, and inserting:
/ Section 17-3-310. (A) There is created the Commission on Indigent Defense consisting of thirteen members.
(B) Seven members shall be appointed by the Governor as follows:
(1) One member from each of the four judicial regions of the State appointed upon recommendation of the South Carolina Public Defender Association. Members shall serve for terms of four years and until their successors are appointed and qualify. Vacancies must be filled in the manner of original appointment for the unexpired portion of the term. A person may not be appointed to the commission pursuant to the provisions of this item or, once appointed pursuant to the provisions of this item, may not continue to serve on the commission unless the person is a public defender.
(2) A member of the South Carolina Bar whose practice is principally in family law, appointed upon recommendation by the South Carolina Bar membership for a term of two years and who may be reappointed.
(3) Two members of the South Carolina Bar whose practice is principally in criminal defense law, appointed upon recommendation of the South Carolina Bar membership, who shall serve for a term of two years and may be reappointed.
(C) The remaining six members must be appointed as follows:
(1) two members appointed by the Chief Justice of the South Carolina Supreme Court, one of whom must be a retired circuit court judge and one of whom must be either a retired family court judge or a retired appellate court judge, each of whom shall serve for a term of four years and until a successor is appointed and qualifies;
(2) the Chairmen of the Senate and House Judiciary Committees, or their legislative designees, for the terms for which they are elected; and
(3) the Chairmen of the Senate Finance Committee and the House Ways and Means Committee, or their legislative designees, for the terms for which they are elected.
(D) The chairman must be elected by the commission from its membership and shall serve for a term of two years. A chairman may be reelected.
(E) Members currently serving as of July 1, 2005, shall continue to serve until the expiration of their term and may be reappointed as provided in subsection (B)(1).
(F) The commission may adopt an appropriate seal and promulgate regulations consistent with the provisions of this article to govern its operations and procedures and shall supervise the operations of the Office of Indigent Defense including all the divisions of the office.
(G) The commission:
(1) may establish divisions within the office to administer the services and programs as it considers necessary to fulfill the purposes of this article;
(2) shall develop rules, policies, procedures, regulations, and standards as it considers necessary to carry out the provisions of the article and comply with state law or regulations and the rules of the Supreme Court, including the nature and scope of services to be provided, the clientele to be served, and the establishment of criteria to be used in the determination of indigency and qualifications for services for indigent legal representation;
(3) shall cooperate and consult with state agencies, professional associations, and other groups concerning the causes of criminal conduct, the rehabilitation and correction of persons charged with and convicted of crimes, the administration of criminal justice, and the improvement and expansion of defender services;
(4) shall assist the public defenders throughout the State in their efforts to provide adequate legal defense to the indigent. This assistance includes, but is not limited to:
(a) the preparation and distribution of a basic defense manual and other educational materials;
(b) the preparation and distribution of model forms and documents employed in indigent defense;
(c) the promotion of and assistance in the training of indigent defense attorneys;
(d) the provision of legal research assistance to public defenders; and
(e) the provision of other assistance to public defenders as may be authorized by law;
(5) shall collect, maintain, review, and publish records and statistics for the purpose of evaluating the delivery of indigent defense representation in the State; and
(6) shall have the authority to negotiate and enter into contracts, as appropriate, with independent counsel for the provision of indigent defense services in cases in which a conflict of interest exists in a public defender office and in other cases in which indigent representation by independent counsel is necessary or advisable. This authority may be delegated by the commission to a circuit public defender, but is at all times subject to standards established by the commission.
(7) The commission shall establish and administer the rules and procedures for selection of members to serve on the Circuit Public Defender Selection Panels, and shall establish the rules and procedures under which the selection panels shall operate. /
Amend the bill further, by deleting SECTION 8 in its entirety, beginning on page 22, beginning on line 21, and inserting:
/ SECTION 8. A. Section 9-8-10(13) and (18) of the 1976 Code, as last amended by Act 249 of 2004, are further amended to read:
"(13) 'Compensation' means the total salary paid to a judge, or solicitor, or circuit public defender for service rendered to the State.
(18) 'Earned service' means paid employment as a judge, or solicitor, or circuit public defender where the judge, or solicitor, or circuit public defender makes regular contributions to the system."
B. Section 9-8-10 of the 1976 Code, as last amended by Act 249 of 2004, is further amended by adding at the end:
"(19) 'Circuit public defender' means a person holding the office defined in Section 17-3-5(4)."
C. Section 9-8-20 of the 1976 Code is amended to read:
"Section 9-8-20. A retirement system is hereby created and placed under the administration of the board to provide retirement allowances and other benefits for judges, and solicitors, and circuit public defenders commencing July 1, 1979. It shall have has the power and privileges of a corporation and shall must be known as the Retirement System for Judges and Solicitors of the State of South Carolina, and by such this name all of its business shall must be transacted, all of its funds invested, and all of its cash, securities and other property held."
D. Section 9-8-40 of the 1976 Code is amended to read:
"Section 9-8-40. (1) All persons who are judges or solicitors on July 1, 1979, and who have not attained age seventy-two shall become members of the system as of such that date. All other persons shall become members of the system on their taking office as judge, or solicitor, or circuit public defender prior to before attaining age seventy-two.
(2) If a member of the system ceases to be a judge, or solicitor, circuit public defender for reasons other than death or retirement, he shall thereupon cease then ceases to be a member of the system, whether or not he withdraws his accumulated contributions."
E. Section 9-8-50(A) of the 1976 Code, as last amended by Act 249 of 2004, is further amended to read:
"(A) An active contributing member of the system may establish service credit in the system for the same types of service, and under the same conditions, that members of the South Carolina Retirement System may establish service credit in the South Carolina Retirement System pursuant to Section 9-1-1140. With the exception of nonqualified service, as defined in Section 9-1-10(20), an active contributing member may establish service credit under this section by making a payment to the system equal to the current member contribution required for earned service pursuant to Section 9-8-130 for each year of service purchased, prorated for periods of less than a year. The cost to establish nonqualified service under this section is the same as the cost for a member to establish nonqualified service in the South Carolina Retirement System pursuant to Section 9-1-1140. A member may not establish more than sixteen years of service credit in the system under this section. A judge may not establish additional service credit under this section after attaining twenty-five years of creditable service. A solicitor or circuit public defender may not establish additional service credit under this section after attaining twenty-four years of creditable service."
F. Section 9-8-50(D)(2)(a) of the 1976 Code, as last amended by Act 249 of 2004, is further amended to read:
"(a) return to employment as a judge, or solicitor, or circuit public defender and once again become an active contributing member of the system;"
G. Section 9-8-50(E)(1) and (3) of the 1976 Code, as last amended by Act 249 of 2004, are further amended to read:
"(1) A judge is vested in the system after attaining ten years of earned service in the position of judge, and a solicitor is vested in the system after attaining eight years of earned service as a solicitor, and a circuit public defender is vested in the system after attaining eight years of earned service as a circuit public defender.
(3) If a vested member who began service as a judge, or solicitor, or circuit public defender after June 30, 2004, has terminated service and left contributions on deposit with the system, the member is eligible for a monthly benefit beginning at age sixty-five. The member's benefit under this section is calculated by multiplying the member's monthly benefit determined in accordance with Section 9-8-60 or 9-8-70, by a fraction in which the member's total credited service in the system is the numerator and twenty-four is the denominator. The monthly benefit under this section may not exceed the member's benefit as calculated pursuant to Section 9-8-60 or 9-8-70."
H. Section 9-8-60(1) and (5) of the 1976 Code, as last amended by Act 249 of 2004, are further amended to read:
"(1) A member of the system may retire upon written application to the board setting forth at what time, not later than the end of the calendar year in which the member attains age seventy-two and not more than ninety days prior nor more than six months subsequent to the execution and filing thereof, the member desires to be retired, if the member at the time so specified for retirement is no longer in the service of the State, except as a member of the General Assembly or as allowed pursuant to subsection (7), and has completed ten years of earned service as a judge or eight years of earned service as a solicitor or circuit public defender or was in service as a judge or solicitor on July 1, 1984, and has either:
(a) attained the age of sixty-five and completed at least twenty years of credited service; or
(b) attained age seventy and completed at least fifteen years of credited service; or
(c) completed at least twenty-five years of credited service in the system for a judge, or twenty-four years of credited service in the system for a solicitor or circuit public defender, regardless of age. A member may retire under this section if the member was a member of this system as of June 30, 2004; attained age sixty- five with at least four years' earned service in the position of judge, or solicitor, or circuit public defender; and, as of June 30, 2004, had a total of twenty-five years of credited service with the State in the South Carolina Retirement System, the Police Officers Retirement System, or the Retirement System for Members of the General Assembly.
A person is not eligible to receive a retirement allowance under this system while under employment covered by the South Carolina Retirement System and the South Carolina Police Officers Retirement System except as provided in Section 9-8-65.
A person receiving retirement allowances under this system who is elected to the General Assembly continues to receive the retirement allowances while serving in the General Assembly and must also be a member of the General Assembly Retirement System unless the person files a statement with the State Budget and Control Board on a form prescribed by the board electing not to participate in the General Assembly Retirement System while a member of the General Assembly. A person making this election shall not make contributions to the General Assembly Retirement System nor shall the State make contributions on the member's behalf and the person is not entitled to benefits from the General Assembly Retirement System after ceasing to be a member of the General Assembly.
(5) A member who retires, who has completed at least twenty-five years of credited service, or twenty-four years in the case of a solicitor or circuit public defender, shall receive a monthly retirement allowance which must be equal to one-twelfth of seventy-one and three-tenths percent of the current active salary of the respective position plus one-twelfth of two and sixty-seven hundredths percent of the current active salary of the respective position for each additional year of earned service over twenty-five, or twenty-four in the case of a solicitor or circuit public defender. The monthly retirement allowance may not exceed one-twelfth of ninety percent of the current active salary of the respective position."
I. Section 9-8-60 of the 1976 Code, as last amended by Act 249 of 2004, is further amended by adding a new subsection at the end to read:
"(7) A member eligible to retire and receive the maximum monthly benefit of one-twelfth of ninety percent of the current active salary of a judge, solicitor, or circuit public defender as provided in subsection (5) may retire and receive a retirement benefit while continuing to serve as judge, solicitor, or circuit public defender. The employee and employer contributions must continue to be paid as if the judge, solicitor, or circuit public defender continuing to serve pursuant to this subsection was an active contributing member, but no additional service credit accrues on account of these contributions. A judge, solicitor, or circuit public defender who retires pursuant to this subsection is not subject to the provisions of Section 9-8-120 unless he has vacated his office."
J. Section 9-8-110(3) and (5) of the 1976 Code are amended to read:
"(3) If a member dies while in the service of the State, whether as a judge, or a solicitor, or circuit public defender or otherwise, and either is not married or has designated a beneficiary other than his surviving spouse, an allowance in lieu of the lump sum provided in subsection (1) shall be is payable to such the person as he shall have nominated by written designation in accordance with subsection (1) equal to the amount which would have been payable to such the person as if the deceased member had retired at the time of his death and had made an effective election under Section 9-8-70 nominating such the person as his contingent beneficiary.
(5) Upon receipt of proof, satisfactory to the board, of the death of a member in service as a judge, or solicitor, or circuit public defender who had completed at least one full year of credited service in the system or of the death of a member in service as a result of an injury arising out of and in the course of the performance of his duties regardless of length of membership, there must be paid to his spouse unless he has nominated a beneficiary by written designation filed with the board, if the person is living at the time of the member's death, otherwise to the member's estate, a death benefit equal to the annual compensation of the member at the time his death occurs. The benefit must be payable apart and separate from the payment of the allowance, or the lump sum amount in lieu thereof, pursuant to the provisions of subsection (1), (2), or (3) above of this section. A member may designate his estate to receive this death benefit in lieu of his spouse, or other beneficiary nominated in subsection (1). For purposes of this subsection, a member is considered to be in service at the date of his death if his last day of earned service credit as a judge, or solicitor, or circuit public defender occurred not more than ninety days before his death and he has not retired or withdrawn contributions."
K. Section 9-8-120(1) and (2) of the 1976 Code, as last amended by Act 497 of 1994, are further amended to read:
"(1) If such the return is as a solicitor or circuit public defender, he shall must be a contributing member of the system and shall must be credited with all service standing to his credit at the time of his retirement. The retirement allowance payable upon his subsequent retirement shall must be based on the total of his credited service rendered before and after his return to service.
(2) Except as otherwise provided below, if this return is in a position other than as a solicitor or circuit public defender, the beneficiary, upon cessation of service in the position, is entitled to apply for a retirement allowance at the same rate to which the beneficiary was previously entitled, disregarding any reduction therein resulting from a previous election of an option. If the beneficiary's return is as a member of the General Assembly, retirement allowances continue as provided by pursuant to Section 9-8-60(1)."
L. Section 9-8-125 of the 1976 Code, as added by Act 63 of 1995, is amended to read:
"Section 9-8-125. A member of the system who is at least sixty-five years of age and eligible to receive benefits pursuant to Chapter 9 of this title but for the member's current employment as a judge, or solicitor, or circuit public defender may elect to receive retirement benefits from the Retirement System for members of the General Assembly by written notice to the board." /
Amend the bill further, by adding an appropriately numbered SECTION on page 27, immediately after line 18, to read:
/ SECTION __. Section 9-11-25 of the 1976 Code, as last amended by Act 336 of 1992, is further amended to read:
"Section 9-11-25. (A) Probate judges may elect to participate in the South Carolina Police Officers Retirement System or they may elect to remain under regular state retirement the South Carolina Retirement System.
(B)(1) Active contributing members of the South Carolina Retirement System employed before July 1, 2007, as assistant solicitors and assistant public defenders may irrevocably elect to participate in the South Carolina Police Officers Retirement System.
(2) Persons hired as assistant solicitors and assistant public defenders after June 30, 2007, shall participate in the South Carolina Police Officers Retirement System.
(3) If the South Carolina Police Officers Retirement System employer contributions exceed South Carolina Retirement System employer contributions for assistant solicitors and assistant public defenders, the difference must be paid from state funds appropriated for the operations of the office of the solicitor or public defender in which the member serves." /
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.
Rep. G. M. SMITH proposed the following Amendment No. 2 (Doc Name COUNCIL\MS\7326AHB07), which was adopted:
Amend the bill, as and if amended, by deleting Section 17-3-310(A) and (B), page 446-2, lines 6-26, and inserting:
/ Section 17-3-310. (A) There is created the Commission on Indigent Defense consisting of fifteen members.
(B) Seven members shall be appointed by the Governor as follows:
(1) One member from each of the four judicial regions of the State appointed upon recommendation of the South Carolina Public Defender Association. Members shall serve for terms of four years and until their successors are appointed and qualify. Vacancies must be filled in the manner of original appointment for the unexpired portion of the term. A person may not be appointed to the commission pursuant to the provisions of this item or, once appointed pursuant to the provisions of this item, may not continue to serve on the commission unless the person is a public defender.
(2) A member of the South Carolina Bar whose practice is principally in family law, appointed upon recommendation by the South Carolina Bar membership for a term of two years and who may be reappointed.
(3) Two members of the South Carolina Bar whose practice is principally in criminal defense law, appointed upon recommendation of the South Carolina Bar membership, who shall serve for a term of two years and may be reappointed.
(4) Two members of the South Carolina Bar whose practice is principally neither criminal defense nor family law, appointed upon recommendation of the South Carolina Bar membership, who shall serve for two-year terms and who may be reappointed. /
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.
Rep. G. M. SMITH proposed the following Amendment No. 3 (Doc Name COUNCIL\MS\7328AHB07), which was adopted:
Amend the bill, as and if amended, by deleting in its entirety the unnumbered new SECTION added in the Judiciary Committee Report which amends Section 9-11-25, page 446-9, lines 11-32.
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3649 (Word version) -- Reps. Witherspoon, Merrill, Agnew, Anthony, Brady, R. Brown, Duncan, Funderburk, Hagood, Hardwick, Herbkersman, Hiott, Kelly, Loftis, Moss, Ott, E. H. Pitts, Scott, Talley, Toole, Umphlett, Cobb-Hunter, Leach, Cato, Clemmons, Barfield, Ceips, Dantzler, Hamilton, Howard, Jefferson, Lowe, Phillips, G. R. Smith, J. R. Smith, Stavrinakis, Bannister, J. H. Neal, Stewart, Sellers, Mitchell, Williams, G. M. Smith and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 63 TO TITLE 12 SO AS TO ENACT THE "ENERGY FREEDOM AND RURAL DEVELOPMENT ACT" TO ALLOW A SALES TAX REBATE FOR THE PURCHASE OF CERTAIN FUEL EFFICIENT VEHICLES AND EQUIPMENT USED TO CONVERT A HYBRID VEHICLE INTO A HYBRID PLUG-IN VEHICLE, TO ALLOW AN INCENTIVE PAYMENT FOR ALTERNATIVE FUEL PURCHASES, AND TO ESTABLISH THE SOUTH CAROLINA RENEWABLE ENERGY INFRASTRUCTURE DEVELOPMENT FUND; BY ADDING SECTION 12-6-3376 SO AS TO ALLOW AN INCOME TAX CREDIT FOR THE PURCHASE OR LEASE OF A PLUG-IN HYBRID VEHICLE; BY ADDING SECTION 12-6-3630 SO AS TO ALLOW AN INCOME TAX CREDIT FOR QUALIFIED EXPENDITURES FOR RESEARCH AND DEVELOPMENT OF FEEDSTOCKS AND PROCESSES FOR CELLULOSIC ETHANOL AND FOR ALGAE-DERIVED BIODIESEL; BY AMENDING SECTION 12-6-3587, RELATING TO TAX CREDITS FOR SOLAR ENERGY HEATING AND COOLING SYSTEMS, SO AS TO ALLOW A TAX CREDIT EQUAL TO THREE THOUSAND FIVE HUNDRED DOLLARS FOR EACH BUILDING THAT IS INSTALLED WITH A SOLAR ENERGY SYSTEM; BY AMENDING SECTION 12-6-3600, RELATING TO TAX CREDITS FOR AN ETHANOL AND BIODIESEL FACILITY, SO AS TO ALLOW A TAX CREDIT FOR A CORN-BASED ETHANOL AND SOY-BASED BIODIESEL FACILITY AND A NONCORN ETHANOL AND NONSOY OIL BIODIESEL FACILITY; BY AMENDING SECTION 12-6-3610, RELATING TO TAX CREDITS FOR THE COST OF PURCHASING AND INSTALLING PROPERTY TO DISTRIBUTE AND DISPENSE RENEWABLE FUELS, SO AS TO LIMIT THE CREDIT TO ONE MILLION DOLLARS, TO DEFINE THE TERM "RENEWABLE FUEL", AND TO ADD CLARIFYING LANGUAGE; BY AMENDING SECTION 12-6-3620, RELATING TO TAX CREDITS FOR THE COST OF METHANE GAS USE, SO AS TO ALLOW A TAX CREDIT FOR THE COST OF EQUIPMENT TO CREATE A FORM OF ENERGY FROM A BIOMASS RESOURCE AND TO LIMIT THE CREDIT TO ONE MILLION DOLLARS; AND BY AMENDING SECTION 12-28-110, AS AMENDED, RELATING TO THE MOTOR FUEL FEES, SO AS TO CHANGE THE DEFINITION OF "BIODIESEL".
Rep. COOPER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER PRO TEMPORE sustained the Point of Order.
The following Bill was taken up:
S. 91 (Word version) -- Senators Campsen, Ritchie and Knotts: A BILL TO ENACT THE RESEARCH AND DEVELOPMENT TAX CREDIT REFORM ACT BY AMENDING SECTION 12-6-3415, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORPORATE INCOME TAX AND CORPORATE LICENSE TAX CREDIT ALLOWED TAXPAYERS CLAIMING A FEDERAL INCOME TAX CREDIT FOR RESEARCH ACTIVITY, SO AS TO ALLOW THE CREDIT AGAINST ANY INCOME TAX IMPOSED PURSUANT TO THE SOUTH CAROLINA INCOME TAX ACT.
Rep. COOPER proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10093HTC07), which was adopted:
Amend the bill, as and if amended, in SECTION 1, page 1, by adding a new subsection at the end to read:
/ C. This section takes effect upon approval of this act by the Governor and applies for taxable years beginning after 2006. /
Amend further, as and if amended, by striking SECTION 2 and inserting:
/ SECTION 2. A. Chapter 14, Title 12 of the 1976 Code is amended by adding:
"Section 12-14-80. (A) There is allowed an economic impact zone tax credit pursuant to Section 12-14-60 for qualifying investments made by a manufacturer which:
(1) is engaged in this State in at least one economic impact zone, as defined in Section 12-14-30(1), in an activity or activities listed under the North American Industry Classification System Manual (NAICS) Section 326;
(2) is employing five thousand or more full-time workers in this State and having a total capital investment in this State of not less than eight hundred fifty million dollars; and
(3) invests an additional three hundred fifty million dollars in this State before July 1, 2011.
(B) A taxpayer that qualifies for the tax credit allowed by this section may claim the credit earned pursuant to this section and credits earned pursuant to Section 12-6-3360 in the manner provided pursuant to Sections 12-6-3360 and 12-14-60, or as a credit in an amount equal to not more than fifty percent of the employee's withholding on the taxpayer's quarterly withholding tax returns. To claim the credit against the employee's withholding, the taxpayer must be in compliance with its withholding tax and other taxes due to the State."
B. This section takes effect July 1, 2007, and applies for capital investments placed in service outside of an economic impact zone after June 30, 2007, and for quarterly state withholding returns due on and after that date.
SECTION 3. A. Section 12-36-2120 of the 1976 Code, as last amended by Act 386 of 2006, is further amended by adding an appropriately numbered item at the end to read:
"( ) an amusement park ride and any parts, machinery, and equipment used to assemble, operate, and make up an amusement park ride or performance venue facility located in a qualifying amusement park or theme park and any related or required machinery, equipment, and fixtures located in the same qualifying amusement park or theme park.
(a) To qualify for the exemption, the taxpayer shall meet the investment and job requirements provided in subsubitem (i) of subitem (b) over a five-year period beginning on the date of the taxpayer's first use of this exemption. The taxpayer shall notify the Department of Revenue of its intent to qualify and use this exemption and upon receipt of the notification, the department shall issue an appropriate exemption certificate to the taxpayer to be used for qualifying purposes under this item. Within six months after the fifth anniversary of the taxpayer's first use of this exemption, the taxpayer shall notify the department, in writing, that it has or has not met the investment and job requirements of this item. If the taxpayer fails to meet the investment and job requirements, the taxpayer shall pay to the State the amount of the tax that would have been paid but for this exemption. The running of the periods of limitations for assessment of taxes provided in Section 12-54-85 is suspended for this time period beginning with the taxpayer's first use of this exemption and ending with notice to the department that the taxpayer has or has not met the investment and job requirements of this item.
(b) For purposes of this item:
(i) 'Qualifying amusement park or theme park' means a park that is constructed and operated by a taxpayer who makes a capital investment of at least two hundred fifty million dollars at a single site and creates at least two hundred fifty full-time jobs and five hundred part-time or seasonal jobs.
(ii) 'Related or required machinery, equipment, and fixtures' means an ancillary apparatus used for or in conjunction with an amusement park ride or performance venue facility, or both, including, but not limited to, any foundation, safety fencing and equipment, ticketing, monitoring device, computer equipment, lighting, music equipment, stage, queue area, housing for a ride, electrical equipment, power transformers, and signage.
(iii) 'Performance venue facility' means a facility for a live performance, nonlive performance, including any animatronics and computer-generated performance, and firework, laser, or other pyrotechnic show.
(iv) 'Taxpayer' means a single taxpayer or, collectively, a group of one or more affiliated taxpayers. An 'affiliated taxpayer' means a person or entity related to the taxpayer that is subject to common operating control and that is operated as part of the same system or enterprise. The taxpayer is not required to own a majority of the voting stock of the affiliate."
B. Notwithstanding the general effective date of this act, subsection A. of this section takes effect on the first day of the month succeeding the month in which this act is approved by the Governor.
SECTION 4. A. Section 11-45-30(10) and (15) of the 1976 Code, as last amended by Act 125 of 2005, is further amended to read:
"(10) 'Lender' means a banking institution subject to the income tax on banks under Chapter 11 of Title 12, an insurance company subject to a state premium tax liability under pursuant to Chapter 7 of Title 38, a captive insurance company regulated under pursuant to Chapter 90 of Title 38, a utility regulated under pursuant to Title 58, or any other person approved by the authority pursuant to guidelines and regulations established by the authority pursuant to Section 11-45-100 a financial institution with proven experience in state-based venture capital transactions.
(15) 'Designated investor group' means any a person who enters into a designated investor contract with the authority pursuant to Section 11-45-50.
(16) 'Interest' means interest on the outstanding balance owed or owing to a lender by a designated investor group under such calculations, terms, or conditions as determined by the authority, provided that the method of calculating interest may be included in the tax credit certificates to the extent that the authority considers the information necessary or appropriate."
B. Section 11-45-50(B)(1) of the 1976 Code, as last amended by Act 125 of 2005, is further amended to read:
"(1) Each designated investor group selected pursuant to subsection (A)(3) of this section shall enter into a designated investor contract with the authority, which designated investor contract shall must contain those any investment guidelines and those other terms and conditions as the authority may deem considers necessary, advisable, or appropriate.
C. Section 11-45-55(B) of the 1976 Code, as last amended by Act 125 of 2005, is further amended to read:
"(B) The authority shall issue tax credit certificates to each lender contemporaneously with each loan made pursuant to this chapter in accordance with any guidelines and regulations established by the authority pursuant to Section 11-45-100. These guidelines and regulations shall relate to and govern, among other things, The tax credit certificates must describe procedures for the issuance, transfer and redemption of the certificates, and related tax credits. These certificates shall state also must describe the amounts, year, and conditions for redemption of the tax credits reflected on the certificates. Once a loan is made by a lender, the certificate issued to the lender shall be binding on the authority and this State and may not be modified, terminated, or rescinded."
D. Section 11-45-70(2)(a) of the 1976 Code, as last amended by Act 125 of 2005, is further amended to read:
"(a) While each designated investor group shall give preference to investors, otherwise qualified, that agree to maintain either a headquarters or an office staffed by an investment professional in South Carolina, investments may be made with investors not principally located in South Carolina; provided, that if the investors are otherwise qualified under pursuant to this chapter and, together with related companies, have other venture capital investments in South Carolina or in South Carolina based companies or can provide evidence to the authority of prior investments in South Carolina or South Carolina based companies at least equal to the total amount of monies placed with that investor by the designated investor group."
SECTION 5. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 6. Except as otherwise provided elsewhere in this act, this act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. COOPER explained the amendment.
The amendment was then adopted.
Rep. COOPER explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. DUNCAN asked unanimous consent to recall H. 3148 (Word version) from the Committee on Judiciary.
Rep. COBB-HUNTER objected.
Rep. LOFTIS asked unanimous consent to recall S. 392 (Word version) from the Committee on Judiciary.
Rep. SCOTT objected.
The motion period was dispensed with on motion of Rep. CATO.
Debate was resumed on the following Bill, the pending question being the consideration of amendments:
S. 332 (Word version) -- Senators Martin, Ritchie and Vaughn: A BILL TO AMEND SECTION 38-55-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO CLARIFY THAT "FALSE STATEMENT AND MISREPRESENTATION" INCLUDES A FALSE BUSINESS ACTIVITY REPORT, MISCOUNT OR MISCLASSIFICATION BY AN EMPLOYER OR EMPLOYEE, OR A FALSE CLAIM MADE BY AN EMPLOYEE TO OBTAIN AN ECONOMIC BENEFIT; TO AMEND SECTION 38-55-540, RELATING TO PENALTIES FOR A FALSE STATEMENT AND MISREPRESENTATION, SO AS TO INCREASE PENALTIES AND CREATE ADDITIONAL CATEGORIES; TO AMEND SECTION 38-55-560 BY ADDING SUBPARAGRAPH (E) AUTHORIZING THE ATTORNEY GENERAL TO HIRE A FORENSIC ACCOUNTANT TO BE ASSIGNED TO THE INSURANCE FRAUD DIVISION; TO AMEND SECTION 42-1-160, WHICH DEFINES "INJURY" AND "PERSONAL INJURY", SO AS TO ESTABLISH THE EMPLOYEE'S BURDEN OF PROOF AND FURTHER EXCLUDE CERTAIN CONDITIONS FROM "PERSONAL INJURY" AND EXCLUDE CERTAIN EVENTS FROM "ACCIDENT"; TO ADD SECTION 42-1-172, RELATING TO A REPETITIVE TRAUMA INJURY, SO AS TO ESTABLISH WHEN A REPETITIVE TRAUMA INJURY MAY BE COMPENSABLE; TO AMEND SECTION 42-1-375 SO AS TO EXEMPT AN OWNER-OPERATOR OF A VEHICLE LEASED TO A MOTOR CARRIER WHO HAS SIGNED AN INDEPENDENT CONTRACTOR AGREEMENT WITH A MOTOR CARRIER; TO AMEND SECTION 42-9-30 SO AS TO LIMIT THE DISABILITY AWARD TO TEN PERCENT GREATER THAN THE MEDICAL IMPAIRMENT RATING UNLESS THE COMMISSIONER FINDS EXTRAORDINARY CIRCUMSTANCES AND LISTS FACTORS TO BE CONSIDERED FOR EXTRAORDINARY CIRCUMSTANCES AND TO PRESUME FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK IS TOTAL AND PERMANENT DISABILITY; TO AMEND SECTION 42-11-10, RELATING TO OCCUPATIONAL DISEASE, SO AS TO ESTABLISH EMPLOYEE'S BURDEN OF PROOF, EXCLUDE CERTAIN TYPES OF CONDITIONS, AND PROVIDE THAT COMPENSATION IS NOT PAYABLE UNLESS CLAIMANT SUFFERS PERMANENT OR PARTIAL DISABILITY; TO AMEND SECTION 42-15-20, RELATING TO NOTICE FOR A REPETITIVE TRAUMA INJURY, SO AS TO REQUIRE NOTICE BE GIVEN NO LATER THAN NINETY DAYS AFTER EMPLOYEE COULD HAVE DISCOVERED THAT THE CONDITION IS COMPENSABLE; TO AMEND SECTION 42-15-40 SO AS TO BAR THE RIGHT TO COMPENSATION FOR A REPETITIVE TRAUMA INJURY UNLESS THE CLAIM IS FILED WITHIN TWO YEARS AFTER THE DEATH, DISABILITY, OR LAST DATE OF EMPLOYMENT; TO AMEND SECTION 42-15-60, RELATING TO EMPLOYER RESPONSIBILITY, SO AS TO ESTABLISH THAT AFTER TEN WEEKS AFTER DATE OF EMPLOYEE'S INJURY, EMPLOYEE MUST ESTABLISH BY MEDICAL RECORDS OR EXPERT MEDICAL TESTIMONY THAT ADDITIONAL TIME IS NEEDED TO LESSEN THE EMPLOYEE'S DEGREE OF IMPAIRMENT AND TO CLARIFY THAT AN EMPLOYER'S DUTY TO EMPLOYEE TERMINATES WHEN THERE IS NO FURTHER MEDICAL CARE THAT WOULD LESSEN THE DEGREE OF MEDICAL IMPAIRMENT AND IN NO CASE WOULD MEDICAL BENEFITS EXTEND FOR MORE THAN FIVE HUNDRED WEEKS AFTER THE DATE OF INJURY, EXCEPT IN CASES INVOLVING PARAPLEGIA, QUADRIPLEGIA AND PHYSICAL BRAIN DAMAGE; TO AMEND SECTION 42-15-95, RELATING TO THE RELEASE OF MEDICAL INFORMATION IN WORKERS' COMPENSATION CLAIMS, SO AS TO PROVIDE THAT AN EMPLOYEE SEEKING TREATMENT IS CONSIDERED TO HAVE GIVEN CONSENT FOR RELEASE OF MEDICAL RECORDS AND TO PROVIDE COMMUNICATION OPTIONS AMONG INTERESTED PARTIES; TO AMEND SECTION 42-17-90 SO AS TO ESTABLISH A ONE-YEAR PERIOD FOR CHANGE OF CONDITION IN CASES INVOLVING REPETITIVE TRAUMA OR OCCUPATIONAL DISEASE; TO AMEND SECTION 38-73-495 SO AS TO ACCOUNT FOR THIRD-PARTY REIMBURSEMENTS IN EXPERIENCE MODIFICATION; TO AMEND SECTION 42-7-310 SO AS TO REDUCE THE SECOND INJURY FUND ASSESSMENT FORMULA TO ONE HUNDRED AND THIRTY-FIVE PERCENT AND TO REQUIRE THE SECOND INJURY FUND DIRECTOR TO ANNUALLY SUBMIT INFORMATION TO THE NATIONAL COUNCIL ON COMPENSATION INSURANCE; TO AMEND SECTION 42-9-400, RELATING TO THE SECOND INJURY FUND, SO AS TO ELIMINATE "COMBINED EFFECTS OF PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY", TO FURTHER INCREASE THE NUMBER OF WEEKS TO ONE HUNDRED AND FOUR, TO INCREASE THE THRESHOLD FOR REIMBURSEMENT FOR MEDICAL PAYMENT FROM THREE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS, TO ELIMINATE "ARTHRITIS" AND "ANY OTHER PRE-EXISTING DISEASE, CONDITION OR IMPAIRMENT" FROM THE LIST OF PRESUMPTIONS FOR PERMANENT IMPAIRMENT, AND TO PROVIDE NOTICE PROVISIONS; TO AMEND SECTION 42-9-410 SO AS TO INCREASE THE NUMBER OF WEEKS TO ONE HUNDRED AND FOUR FOR SECOND INJURY FUND REIMBURSEMENT ELIGIBILITY; AND TO AMEND CHAPTER 73, TITLE 38.
Reps. CATO, THOMPSON and CHELLIS proposed the following Amendment No. 18 (Doc Name COUNCIL\BBM\10098SD07), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 1, Title 42 of the 1976 Code is amended by adding:
"Section 42-1-172. (A) 'Repetitive trauma injury' means an injury which is gradual in onset and caused by the cumulative effects of repetitive traumatic events. Compensability of a repetitive trauma injury must be determined only under the provisions of this statute.
(B) An injury is not considered a compensable repetitive trauma injury unless a commissioner makes a specific finding of fact by a preponderance of the evidence of a causal connection that is established by medical evidence between the repetitive activities that occurred while the employee was engaged in the regular duties of his employment and the injury.
(C) As used in this section, 'medical evidence' means expert opinion or testimony stated to a reasonable degree of medical certainty, documents, records, or other material that is offered by a licensed and qualified medical physician.
(D) A 'repetitive trauma injury' is considered to arise out of employment only if it is established by medical evidence that there is a direct causal relationship between the condition under which the work is performed and the injury.
(E) Upon reaching maximum medical improvement, if the employee returns to work with the employer in whose employ the repetitive trauma injury was suffered, the employee is entitled only to benefits pursuant to Section 42-9-20, but not Section 42-9-30. Upon reaching maximum medical improvement, if the employee does not return to work with the employer in whose employ the repetitive trauma injury was suffered, the employee is entitled to benefits under either Section 42-9-10 or Section 42-9-30, but not both. Medical benefits for a compensable repetitive trauma injury is as provided elsewhere in this title."
SECTION 2. Chapter 1, Title 42 of the 1976 Code is amended by adding:
"Section 42-1-700. (A) An injured or affected body part and condition must be set forth with as much specificity as possible on the commission's 'Employee's Notice of Claim' or 'Request for Hearing' form, or both, referred to as 'Form 50'. A Form 50 shall not describe an injured body part or condition as 'whole person', 'whole body', 'all body parts', or other similar language unless the injured employee died as a result of the accident. No hearing may be held on a Form 50 which does not conform to the requirements of this subsection.
(B) Nothing in this section prohibits a commissioner from determining the compensability of a body part or condition not listed or described on a Form 50 if:
(1) the body part or condition is proved by a preponderance of the evidence to have arisen from the injury or injuries out of and in the course of employment as set forth on the Form 50;
(2) it is proven to the satisfaction of the commissioner that the employee had no knowledge of the injury or condition on the date of the completion of the Form 50. However, the employee is required to amend the Form 50 upon discovery of the injury or condition within a reasonable time period pursuant to regulation; or
(3) in the case of a represented employee, the body part or condition is set forth on the commission's Pre-Hearing Brief form, and the pre-hearing brief is filed timely with the commission and timely served upon the parties.
(C) A Form 50 must be signed by an attorney if the employee is represented, verifying that the contents of the form are accurate and true to the best of the attorney's knowledge. If the employee is not represented, the employee who signs a Form 50 shall verify that the contents of the form are accurate and true to the best of the employee's knowledge."
SECTION 3. Chapter 1, Title 42 of the 1976 Code is amended by adding:
"Section 42-1-705. (A) The commission's 'Employer's Answer to Request for Hearing' form, referred to as 'Form 51', must describe with as much specificity as possible the defenses to be relied upon by the defendants. A Form 51 shall not state that 'all defenses apply' or other similar language, unless such is actually the case. A Form 51 which does not conform to the requirements of this subsection may not be considered at a hearing.
(B) Nothing in this section prohibits a commissioner from considering a defense not listed on a Form 51 if:
(1) it is proven to the satisfaction of the commissioner that the defendants had no knowledge of the facts supporting the defense on the date of the completion of the Form 51; and
(2) in the case of represented defendants, the defense omitted on the Form 51 is set forth on the commission's Pre-Hearing Brief form, and the brief is filed timely with the commission and timely served upon the parties.
(C) A Form 51 must be signed by an attorney, verifying that the contents of the form are accurate and true to the best of the attorney's knowledge. If the employer is unrepresented and completes a Form 51, the employer shall sign the form, verifying that the contents are accurate and true to the best of the employer's knowledge."
SECTION 4. Chapter 9, Title 42 of the 1976 Code is amended by adding:
"Section 42-9-35. (A) The employee shall establish by a preponderance of the evidence, including medical evidence, that:
(1) the subsequent injury aggravated the preexisting condition or permanent physical impairment; or
(2) the preexisting condition or the permanent physical impairment aggravates the subsequent injury.
(B) The commission may award compensation benefits to an employee who has a permanent physical impairment or preexisting condition and who incurs a subsequent disability from an injury arising out of and in the course of his employment for the resulting disability of the permanent physical impairment or preexisting condition and the subsequent injury. However, if the subsequent injury is limited to a single body part or member scheduled in Section 42-9-30, except for total disability to the back as provided in Section 42-9-30(21), the subsequent injury must impair or affect another body part or system in order to obtain benefits in addition to those provided for in Section 42-9-30.
(C) As used in this section, 'medical evidence' means expert opinion or testimony stated to a reasonable degree of medical certainty, documents, records, or other material that is offered by a licensed health care provider.
(D) The provisions of this section apply whether or not the employer knows of the preexisting permanent disability.
(E) On and after the effective date of this section, an employee who suffers a subsequent injury which affects a single body part or member injury set forth in Section 42-9-30 is limited to the recovery set forth in that section."
SECTION 5. Section 1-23-600(D) of the 1976 Code, as last amended by Act 387 of 2006, is further amended to read:
"(D) An administrative law judge also shall preside over all appeals from final decisions of contested cases pursuant to the Administrative Procedures Act, Article I, Section 22, Constitution of the State of South Carolina, 1895, or another law, except that an appeal from a final order of the Public Service Commission and the State Ethics Commission is to the Supreme Court or the Court of Appeals as provided in the South Carolina Appellate Court Rules, an appeal from the Procurement Review Panel is to the circuit court as provided in Section 11-35-4410, an appeal from the Workers' Compensation Commission is to the circuit court Court of Appeals as provided in Section 42-17-60, and an appeal from the Employment Security Commission is to the circuit court as provided in Section 41-35-750."
SECTION 6. Section 14-8-200(a) of the 1976 Code, as last amended by Act 387 of 2006, is further amended to read:
"(a) Except as limited by subsection (b) and Section 14-8-260, the court has jurisdiction over any case in which an appeal is taken from an order, judgment, or decree of the circuit court, family court, a final decision of an agency, or a final decision of an administrative law judge, or the final decision of the Workers' Compensation Commission. This jurisdiction is appellate only, and the court shall apply the same scope of review that the Supreme Court would apply in a similar case. The court has the same authority to issue writs of supersedeas, grant stays, and grant petitions for bail as the Supreme Court would have in a similar case. The court, to the extent the Supreme Court may by rule provide for it to do so, has jurisdiction to entertain petitions for writs of certiorari in post-conviction relief matters pursuant to Section 17-27-100."
SECTION 7. Section 38-55-530(D) of the 1976 Code is amended to read:
"(D) 'False statement and misrepresentation' means a statement or representation made by a person that is false, material, made with the person's knowledge of the falsity of the statement, and made with the intent of obtaining or causing another to obtain or attempting to obtain or causing another to obtain an undeserved economic advantage or benefit or made with the intent to deny or cause another to deny any benefit or payment in connection with an insurance transaction and such shall constitute constitutes fraud. 'False statement and misrepresentation' specifically includes, but is not limited to, an intentional false report of business activities or the intentional miscount or misclassification by an employer of its employees to obtain a favorable insurance premium, payment schedule, or other economic benefit."
SECTION 8. Section 38-55-540 of the 1976 Code is amended to read:
"Section 38-55-540. (A) Any A person or an insurer who makes a false statement or misrepresentation, and any other person knowingly, with an intent to injure, defraud, or deceive, who assists, abets, solicits, or conspires with such a person or an insurer to make a false statement or misrepresentation, is guilty of a:
(1) misdemeanor, for a first offense violation, if the amount of the economic advantage benefit received is less than one thousand dollars. Upon conviction, the person must be punished by a fine fined not to exceed less than one hundred nor more than five hundred dollars or by imprisonment imprisoned not to exceed more than thirty days;
(2) misdemeanor, for a first offense violation, if the amount of the economic advantage benefit received is one thousand dollars or more but less than ten thousand dollars. Upon conviction, the person must be punished by a fine fined not to exceed less than two thousand nor more than fifty ten thousand dollars or by imprisonment for a term imprisoned not to exceed more than three years, or by both, such fine and imprisonment and shall pay the amount of restitution and tax owed;
(3) felony, for a first offense violation, if the amount of the economic advantage benefit received is ten thousand dollars or more but less than fifty thousand dollars. Upon conviction, the person must be fined not less than ten thousand nor more than fifty thousand dollars or imprisoned not more than five years, or both, and shall pay the amount of restitution and tax owed;
(4) felony, for a first offense violation, if the amount of the economic advantage benefit received is fifty thousand dollars or more. Upon conviction, the person must be fined not less than twenty thousand nor more than one hundred thousand dollars or imprisoned not more than ten years, or both, and shall pay the amount of restitution and tax owed;
(5) felony, for a second or subsequent violation, regardless of the amount of the economic advantage benefit received. Upon conviction, the person must be punished by a fine fined not to exceed less than ten thousand nor more than fifty thousand dollars or by imprisonment for a term imprisoned not to exceed more than ten years, or by both, such fine and imprisonment and shall pay the amount of restitution and tax owed.
(B) Any A person or an insurer convicted under pursuant to the provisions of this section must be ordered to make full restitution to the a victim or victims for any economic advantage or benefit which has been obtained by the person or insurer as a result of that violation."
SECTION 9. Section 38-55-560(E) of the 1976 Code is amended by adding at the end:
"(E) The Attorney General is authorized to hire, employ, and reasonably equip one forensic accountant, and this forensic accountant must be assigned to the Insurance Fraud Division of the Attorney General's Office. A person is not qualified to be hired and the Insurance Fraud Division may not hire a forensic accountant unless he possesses and maintains a current license to engage in the practice of accounting pursuant to the provisions of Chapter 2, Title 40."
SECTION 10. Section 42-1-10 of the 1976 Code is amended to read:
"Section 42-1-10. This title shall be known and cited as 'The South Carolina Workers' Compensation Law'. All references in this title to "workmen's compensation" shall mean "workers' compensation"; provided, however, all state agencies and departments and all political subdivisions of the State must exhaust the use of all current forms, stationery, and any other printed material before using, printing, or preparing any new forms, stationery, or printed material reflecting the change effected by this section. (A) This title may be cited as the 'South Carolina Workers' Compensation Law'.
(B) This title must be strictly construed and applied to promote its underlying purposes as provided in this section. Any case law inconsistent with the purposes provided in this title is specifically overruled.
(C) The purposes of this title and of the Workers' Compensation Law are to:
(1) pay timely temporary and permanent benefits to all legitimately injured workers that suffer an injury or disease arising out of and in the course and scope of their employment;
(2) pay reasonable and necessary medical expenses resulting from these injuries or diseases;
(3) improve workplace safety;
(4) encourage the return to work of injured workers;
(5) deter and punish fraud of agents, employers, employees, or any other party in the procurement of workers' compensation coverage, the providing of or denial of benefits, or the providing of medical treatment;
(6) promote the equitable and efficient resolution of workers' compensation claims; and
(7) ensure an economically viable workers' compensation system in South Carolina."
SECTION 11. Section 42-1-160 of the 1976 Code, as last amended by Act 424 of 1996, is further amended to read:
"Section 42-1-160. (A) 'Injury' and 'personal injury' shall mean only injury by accident arising out of and in the course of the employment that occurred while the employee was engaged in the regular duties of his employment and shall does not include a disease in any form, except when it results naturally and unavoidably from the accident and except such diseases as are compensable under the provisions of Chapter 11 of this title. In construing this section, an accident arising out of and in the course of employment shall include includes employment of an employee of a municipality outside the corporate limits of the municipality when the employment was ordered by a duly an authorized employee of the municipality.
(B) Stress, mental injuries, and mental illness arising out of and in the course of employment unaccompanied by physical injury and resulting in mental illness or injury is are not considered a personal injury unless it is established the employee establishes, by a preponderance of the evidence:
(1) that the stressful employee's employment conditions causing the stress, mental injury, or mental illness were extraordinary and unusual in comparison to the normal conditions of the particular employment; and
(2) the medical causation between the stress, mental injury, or mental illness, and the stressful employment conditions by medical evidence.
(C) Stress, mental injuries, heart attacks, strokes, embolisms, or aneurisms arising out of and in the course of employment unaccompanied by physical injury is are not considered compensable if it results they result from any event or series of events which is are incidental to normal employer/employee relations including, but not limited to, personnel actions by the employer such as disciplinary actions, work evaluations, transfers, promotions, demotions, salary reviews, or terminations, except when these actions are taken in an extraordinary and unusual manner.
(D) Stress, mental injuries, and mental illness alleged to have been aggravated by a work-related physical injury may not be found compensable unless the aggravation is:
(1) admitted by the employer/carrier;
(2) noted in a medical record of an authorized physician that, in the physician's opinion, the condition is at least in part causally-related or connected to the injury or accident, whether or not the physician refers the employee for treatment of the condition;
(3) found to be causally-related or connected to the accident or injury after evaluation by an authorized psychologist or psychiatrist; or
(4) noted in a medical record or report of the employee's physician as causally-related or connected to the injury or accident.
(E) In medically complex cases, an employee shall establish by medical evidence that the injury arose in the course of employment. If the medical evidence is conflicting or inconclusive, the commissioner may seek additional competent evidence, including lay testimony, to determine causation. The commissioner may not rely only on lay testimony to determine causation in medically complex cases, and the commissioner may not rely on any lay testimony that conflicts with expert medical evidence to determine causation. For purposes of this subsection, 'medically complex cases' means sophisticated cases requiring highly scientific procedures or techniques for diagnosis or treatment excluding MRI's, CAT scans, x-rays, or other similar diagnostic techniques.
(F) The word 'accident' as used in this title must not be construed to mean a series of events in employment, of a similar or like nature, occurring regularly, continuously, or at frequent intervals in the course of such employment, over extended periods of time. Any injury or disease attributable to such causes must be compensable only if culminating in a compensable repetitive trauma injury pursuant to Section 42-1-172 or an occupational disease pursuant to the provisions of Chapter 11 of this title.
(G) As used in this section, 'medical evidence' means expert opinion or testimony stated to a reasonable degree of medical certainty, documents, records, or other material that is offered by a licensed health care provider."
SECTION 12. Section 42-1-360 of the 1976 Code is amended to read:
"Section 42-1-360. This title shall does not apply to:
(1) a casual employees employee, as defined in Section 42-1-130, and Federal employees in this State;
(2) any person who has regularly employed in service less than four employees in the same business within the State or who had a total annual payroll during the previous calendar year of less than three thousand dollars regardless of the number of persons employed during that period;
(3) Textile Hall Corporation, an eleemosynary corporation whose principal object is the organizing and production of the Southern Textile Exposition;
(4) a state and county fair associations association;, unless any such the employer voluntarily elects to be bound by this title, as provided by Section 42-1-380.;
(4) an agricultural employees employee;, unless the agricultural employer voluntarily elects to be bound by this title, as provided by Section 42-1-380.;
(5) a railroad, railroad employee, railway express company, or railway express company employee; nor may this title be construed to repeal, amend, alter, or affect in any way the laws of this State relating to the liability of a railroad or railway express company for an injury to a respective employee;
(6) a person engaged in selling any agricultural product for a producer of them on commission or for other compensation, paid by a producer, when the product is prepared for sale by the producer;
(7) a licensed real estate sales person engaged in the sale, leasing, or rental of real estate for a licensed real estate broker on a straight commission basis and who has signed a valid independent contractor agreement with the broker;
(8) a federal employee in this State;
(9) an individual who owns or holds under a bona fide lease agreement a tractor-trailer, tractor, or other vehicle, referred to as 'vehicle', and who, under an independent contractor contract, pursuant to 49 C.F.R. Part 376, provides that vehicle and the individual's services as a driver to a motor carrier. For purposes of this item, any lease, lease-purchase, or installment-purchase of the vehicle may not be between the individual and the motor carrier referenced in this title, but it may be between the individual and an affiliate, subsidiary, or related entity or person of the motor carrier, or any other lessor or seller. Where the lease, lease-purchase, or installment-purchase is between the individual and an affiliate, subsidiary, or related entity or person of the motor carrier, or any other lessor or seller, the vehicle acquisition or financing transaction must be on terms equal to terms available in customary and usual retail transactions generally available in the State. This individual is considered an independent contractor and not an employee of the motor carrier under this title. The individual and the motor carrier to whom the individual contracts or leases the vehicle mutually may agree that the individual or workers, or both, is covered under the motor carrier's workers' compensation policy or authorized self-insurance if the individual agrees to pay the contract amounts requested by the motor carrier. Under any such agreement, the independent contractor or workers, or both, must be considered an employee of the motor carrier only for the purposes of this title and for no other purposes."
SECTION 13. Section 42-3-20 of the 1976 Code is amended to read:
"Section 42-3-20. (A) The commission shall consist of seven eleven members appointed by the Governor with the advice and consent of the Senate for terms of six years and until their successors are appointed and qualify. If the Governor does not fill a vacancy within sixty days after the vacancy occurs, the commission by majority vote shall deputize a person with suitable experience, training, and knowledge to serve as a deputy commissioner to serve until such time as the Governor fills the vacancy. As soon as the Governor appoints a replacement who is confirmed by the Senate, the deputy commissioner immediately ceases to serve in that office. While serving as a deputy commissioner, the deputy commissioner has the power and authority to swear or cause the witnesses to be sworn and shall transmit all testimony and shall make a recommendation to the commission for an award. The commission shall determine the award based upon testimony received by the deputy commissioner and may consider the deputy commissioner's recommendation.
(B) The Governor, with the advice and consent of the Senate, shall designate one commissioner as chairman for a term of two years, and the chairman may serve two terms in during his six-year term but not consecutively. At the conclusion of a commissioner's two-year term as chairman, the Governor shall appoint another chairman. If the Governor does not appoint another chairman at the expiration of the two-year term, a majority of the commission shall elect from among their members an interim chairman who shall serve until the Governor appoints another chairman other than the one last appointed. A deputy commissioner is not eligible to serve as chairman.
(C) The commissioners, other than the chairman, shall hear and determine all contested cases, conduct informal conferences when necessary, approve settlements, hear applications for full Commission reviews and handle such other matters as may come before the department for judicial disposition. Full Commission reviews shall review hearings must be conducted by six commissioners only, with the original hearing commissioner not sitting at such reviews. When one commissioner is temporarily incapacitated or a vacancy exists on the Commission, reviews may be conducted by the five remaining commissioners but in such cases decisions of the hearing commissioner shall not be reversed except on the vote of at least four commissioners; provided, however, that effective July 1, 1981 full Commission reviews may be conducted by three-member panels composed of three commissioners appointed by the chairman excluding the original hearing commissioner. The chairman, with unanimous approval the other commissioners, shall determine which full commission reviews shall be assigned to panels. The decisions of such panels shall have the same force and effect as nonpanel full commission reviews an appellate panel, made up of three commissioners, other than the chairman, with the most seniority on the commission. If there is the absence of one or more of the appellate panel members, the chairman of the commission shall serve as a member of the appellate panel. The commissioners who are designated as members of the appellate panel must not be assigned as hearing commissioners, but shall hear and decide petitions for review of single commissioner decisions on a full-time basis."
SECTION 14. Section 42-9-30 of the 1976 Code, as last amended by Act 412 of 1988, is further amended to read:
"Section 42-9-30. In cases included in the following schedule, the disability in each case shall be deemed is considered to continue for the period specified and the compensation so paid for such the injury shall be is as specified therein, to wit:
(1) for the loss of a thumb sixty-six and two-thirds percent of the average weekly wages during sixty-five weeks;
(2) for the loss of a first finger, commonly called the index finger, sixty-six and two-thirds percent of the average weekly wages during forty weeks;
(3) for the loss of a second finger, sixty-six and two-thirds percent of the average weekly wages during thirty-five weeks;
(4) for the loss of a third finger, sixty-six and two-thirds percent of the average weekly wages during twenty-five weeks;
(5) for the loss of a fourth finger, commonly called the little finger, sixty-six and two-thirds percent of the average weekly wages during twenty weeks;
(6) the loss of the first phalange of the thumb or any finger shall be is considered to be equal to the loss of one half of such thumb or finger and the compensation shall must be for one half of the periods of time above specified;
(7) the loss of more than one phalange shall be is considered the loss of the entire finger or thumb; provided, however, that in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand;
(8) for the loss of a great toe, sixty-six and two-thirds percent of the average weekly wages during thirty-five weeks;
(9) for the loss of one of the toes other than a great toe, sixty-six and two-thirds percent of the average weekly wages during ten weeks;
(10) the loss of the first phalange of any toe shall be is considered to be equal to the loss of one half of such toe and the compensation shall must be for one half the periods of time above specified;
(11) the loss of more than one phalange shall be is considered as the loss of the entire toe;
(12) for the loss of a hand, sixty-six and two-thirds percent of the average weekly wages during one hundred and eighty-five weeks;
(13) for the loss of an arm, sixty-six and two-thirds percent of the average weekly wages during two hundred twenty weeks;
(14) for the loss of a shoulder, sixty-six and two-thirds percent of the average weekly wages during three hundred weeks;
(15) for the loss of a foot, sixty-six and two-thirds percent of the average weekly wages during one hundred forty weeks;
(15)(16) for the loss of a leg, sixty-six and two-thirds percent of the average weekly wages during one hundred ninety-five weeks;
(17) for the loss of a hip, sixty-six and two-thirds percent of the average weekly wages during two hundred eighty weeks;
(16)(18) for the loss of an eye, sixty-six and two-thirds percent of the average weekly wages during one hundred forty weeks;
(17)(19) for the complete loss of hearing in one ear, sixty-six and two-thirds percent of the average weekly wages during eighty weeks; and for the complete loss of hearing in both ears, sixty-six and two-thirds percent of the average weekly wages during one hundred sixty-five weeks, and the commission, shall by regulation, shall provide for the determination of proportional benefits for total or partial loss of hearing based on accepted national medical standards.;
(18)(20) total loss of use of a member or loss of vision of an eye shall be is considered as equivalent to the loss of such the member or eye. The compensation for partial loss of or for partial loss of use of a member or for partial loss of vision of an eye shall be such is the proportion of the payments herein provided in this section for total loss as such partial loss bears to total loss.;
(19)(21) for the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three hundred weeks. The compensation for partial loss of use of the back shall be such is the proportions of the periods of payment herein provided in this section for total loss as such partial loss bears to total loss, except that in cases where there is fifty percent or more loss of use of the back, in which event the injured employee shall be deemed to have suffered total and permanent disability and compensated therefor under paragraph two of section 42-9-10.;
(20)(22) for the total or partial loss of, or loss of use of, a member, organ, or part of the body not covered herein in this section and not covered under Sections Section 42-9-10 or 42-9-20, sixty-six and two- thirds of the average weekly wages not to exceed five hundred weeks. The commission, shall by regulations regulation, shall prescribe the ratio which the partial loss or loss or partial loss of use of a particular member, organ, or body part bears to the whole man, basing such these ratios on accepted medical standards and such these ratios shall determine the benefits payable under this subsection.;
(21)(23) proper and equitable benefits shall must be paid for serious permanent disfigurement of the face, head, neck, or other area normally exposed in employment, not to exceed fifty weeks. Where benefits are paid or payable for injury to or loss of a particular member or organ under other provisions of this title, no additional benefits shall must not be paid under this paragraph item, except that disfigurement shall also include includes compensation for serious burn scars or keloid scars on the body resulting from injuries, in addition to any other compensation.
The weekly compensation payments referred to in this section shall all be are subject to the same limitations as to maximum and minimum as set out in Section 42-9-10."
SECTION 15. Section 42-9-150 of the 1976 Code is amended to read:
"Section 42-9-150. If an employee has a permanent disability or has sustained a permanent injury in service in the Army or Navy of the that resulted from serving in the United States Armed Forces or in another employment other than that in which he receives a subsequent permanent injury by accident, such as specified in Section 42-9-30 or the second paragraph of Section 42-9-10, he shall be is entitled to compensation only for the degree of disability which would have resulted from the later accident if the earlier disability or injury had not existed, except that such the employee may receive further benefits as provided by Sections 42-7-310, 42-9-400 and 42-9-410 Title if his subsequent injury qualifies for additional benefits provided therein under Section 42-9-35."
SECTION 16. Section 42-9-170 of the 1976 Code is amended to read:
"Section 42-9-170. (A) If an employee receives a permanent injury as specified in Section 42-9-30 or the second paragraph of Section 42-9-10 after having sustained another permanent injury in the same employment, he shall be is entitled to compensation for both injuries, but the total compensation shall must be paid by extending the period and not by increasing the amount of weekly compensation, and in no case exceeding five hundred weeks. If an employee has previously has incurred permanent partial disability through the loss of a hand, arm, shoulder, foot, leg, hip, or eye and by subsequent accident incurs total permanent disability through the loss of another member, the employer's liability is for the subsequent injury only, except that such the employee may receive further benefits as provided by Sections 42-7-310, 42-9-400, and 42-9-410 if his subsequent injury qualifies for additional benefits provided therein in those sections. This subsection is effective until June 30, 2008.
(B) If an employee receives a permanent injury as specified in Section 42-9-30 or the second paragraph of Section 42-9-10 after having sustained another permanent injury in the same employment, he is entitled to compensation for both injuries, but the total compensation must be paid by extending the period and not by increasing the amount of weekly compensation, and in no case exceeding five hundred weeks. If an employee previously has incurred permanent partial disability through the loss of a hand, arm, shoulder, foot, leg, hip, or eye and by subsequent accident incurs total permanent disability through the loss of another member, the employer's liability is for the subsequent injury only, except that the employee may receive further benefits as provided under the provisions of Section 42-9-35. This subsection is effective on July 1, 2008."
SECTION 17. A. Section 42-9-400(d) of the 1976 Code is amended to read:
"(d)(1) As used in this section, 'permanent physical impairment' means any permanent condition, whether congenital or due to injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining reemployment if the employee should become unemployed.
When an employer establishes his prior knowledge of the permanent impairment, then there shall be a presumption that the condition is permanent and that a hindrance or obstacle to employment or reemployment exists when the condition is one of the following impairments:
(1) Epilepsy
(2) Diabetes
(3) Cardiac disease
(4) Arthritis
(5) Amputated foot, leg, arm or hand
(6) Loss of sight of one or both eyes or partial loss of uncorrected vision of more than seventy-five percent bilateral
(7) Residual disability from Poliomyelitis
(8) Cerebral palsy
(9) Multiple sclerosis
(10) Parkinson's disease
(11) Cerebral vascular accident
(12) Tuberculosis
(13) Silicosis
(14) Psychoneurotic disability following treatment in a recognized medical or mental institution
(15) Hemophilia
(16) Chronic ostemyelitis
(17) Ankylosis of joints
(18) Hyperinsulinism
(19) Muscular dystrophy
(20) Arteriosclerosis
(21) Thrombophlebitis
(22) Varicose Veins
(23) Heavy metal poisoning
(24) Ionizing radiation injury
(25) Compressed air sequelae
(26) Ruptured intervertebral disc
(27) Hodgkins disease
(28) Brain damage
(29) Deafness
(30) Cancer
(31) Sickle-cell anemia
(32) Pulmonary disease
(33) Mental retardation provided the employee's intelligence quotient is such that he falls within the lowest percentile of the general population. However, it shall not be necessary for the employer to know the employee' s actual intelligence quotient or actual relative ranking in relation to the intelligence quotient of the general population.
(34) Any other pre-existing disease, condition or impairment which is permanent in nature and which:
(a) Would qualify for payment of weekly disability benefits of seventy-eight weeks or more under Section 42-9-30 exclusive of benefits payable for disfigurement; or
(b) Would support a rating of seventy-eight or more weeks of weekly disability benefits when evaluated according to the standards applied to Workers' Compensation claims in South Carolina, or combines with a subsequent injury to cause a permanent impairment rated at seventy-eight weeks or more under Section 42-9-30
(i) amputated foot, leg, arm, or hand;
(ii) loss of sight of one or both eyes or partial loss of uncorrected vision of more than seventy-five percent bilateral;
(iii) ruptured intervertebral disc.
(2) If the paid claims of the fund for the fiscal year ending June 30, 2012, equal or exceed the total sum of eight million dollars, the Second Injury Fund shall not reimburse an employer or insurance carrier for an otherwise qualifying injury that occurs after June 30, 2012, but shall continue reimbursing employers and insurance carriers for qualifying claims resulting from injuries occurring on or before June 30, 2012. The Budget and Control Board shall provide for the efficient and expeditious closure of the fund with the orderly winding down of the affairs of the fund so that the remaining liabilities of the fund are paid utilizing assessments, accelerated assessments, annuities, loss portfolio transfers, or such other mechanisms as determined necessary to fund any remaining liabilities of the fund.
(3) If the paid claims of the fund for the fiscal year ending June 30, 2012, do not exceed the total sum of eight million dollars, the Budget and Control Board shall require an audit to be conducted of fund liabilities on June 30, 2012. Funding for this audit must be obtained from funds deposited in the fund's trust fund. Based on the information in the audit, the Budget and Control Board shall prepare a report to the Speaker of the House of Representatives and to the President Pro Tempore of the Senate, not later than January 1, 2013. The report must include its evaluation of the fund's operations."
B. On or after the effective date of this act, the Second Injury Fund shall not accept a claim for reimbursement from any employer or insurance carrier for any subsequent impairment unless the preexisting impairment is one of the permanent physical impairments enumerated in Section 42-9-400(d)(1).
C. The amendment to Section 42-9-400(d) of the 1976 Code as contained in this section is not intended to effect workers' compensation benefits to injured employees provided in any other provision of law."
SECTION 18. Section 42-11-10 of the 1976 Code is amended to read:
"Section 42-11-10. (A) The words 'Occupational disease' mean means a disease arising out of and in the course of employment which that is due to hazards in excess of those ordinarily incident to employment and is peculiar to the occupation in which the employee is engaged. A disease shall be deemed is considered an occupational disease only if caused by a hazard recognized as peculiar to a particular trade, process, occupation, or employment as a direct result of continuous exposure to the normal working conditions thereof of that particular trade, process, occupation, or employment. In a claim for an occupational disease, the employee shall establish that the occupational disease arose directly and naturally from exposure in this State to the hazards peculiar to the particular employment by a preponderance of the evidence.
(B) No A disease shall be deemed is not considered an occupational disease when if it:
(1) It does not result directly and naturally from exposure in this State to the hazards peculiar to the particular employment;
(2) It results from exposure to outside climatic conditions;
(3) It is a contagious disease resulting from exposure to fellow employees or from a hazard to which the workman would have been equally exposed outside of his employment;
(4) It is one of the ordinary diseases of life to which the general public is equally exposed, unless such disease follows as a complication and a natural incident of an occupational disease or unless there is a constant exposure peculiar to the occupation itself which makes such disease a hazard inherent in such occupation;
(5) It is any disease of the cardiac, pulmonary, or circulatory system not resulting directly from abnormal external gaseous pressure exerted upon the body or the natural entrance into the body through the skin or natural orifices thereof of the body of foreign organic or inorganic matter under circumstances peculiar to the employment and the processes utilized therein in that particular trade, process, occupation, or employment; or
(6) It is any a chronic disease of the skeletal joints; or
(7) is a condition of the neck, back, or spinal column.
(C) Compensation is not payable for any occupational disease unless the claimant suffers disability as described in Section 42-9-10 or 42-9-20, and disability from an occupational disease is not compensable pursuant to the provisions of Section 42-9-30."
SECTION 19. Section 42-15-60 of the 1976 Code is amended to read:
"Section 42-15-60. (A) The employer shall provide medical, surgical, hospital, and other treatment, including medical and surgical supplies as may reasonably may be required, for a period not exceeding ten weeks from the date of an injury, to effect a cure or give relief and for such an additional time as in the judgment of the commission will tend to lessen the period of disability and, as evidenced by expert medical evidence stated to a reasonable degree of medical certainty. In addition thereto to it, such the original artificial members as may be reasonably may be necessary at the end of the healing period shall must be provided by the employer. In case of a controversy arising between employer and employee, the commission may order such further medical, surgical, hospital or other treatment as may in the discretion of the Commission be necessary. During the whole or any part of the remainder any period of disability resulting from the injury, the employer may, at his own option, may continue to furnish or cause to be furnished, free of charge to the employee, and the employee shall accept, an attending physician, unless otherwise ordered by the commission and, in addition, such surgical and hospital service and supplies as may be deemed and any medical care or treatment that is considered necessary by such the attending physician, or the commission unless otherwise ordered by the commission for good cause shown. The refusal of an employee to accept any medical, hospital, surgical, or other treatment or evaluation when provided by the employer or ordered by the commission shall bar such bars the employee from further compensation until such the refusal ceases and no compensation shall at any time be is not paid for the period of suspension refusal unless in the opinion of the commission the circumstances justified the refusal, in which case the commission may order a change in the medical or hospital service. If in an emergency, on account of the employer's failure to provide the medical care as specified in this section, a physician other than provided by the employer is called to treat the injured employee, the reasonable cost of such the service shall must be paid by the employer, if so ordered by the commission.
(B) In cases in which total and permanent disability results, reasonable and necessary nursing services, medicines, prosthetic devices, sick travel, medical, hospital, and other treatment or care shall be paid during the life of the injured employee, without regard to any limitation in this title including the maximum compensation limit. In cases of partial permanent disability, prosthetic devices shall be also furnished during the life of the injured employee or so long as they are necessary. In a case that does not involve an award of permanent and total disability benefits provided by Section 42-9-10, the employee has the burden of proving by a preponderance of the evidence that all medical benefits claimed following the date of last payment of disability benefits or, in cases where no disability benefits were paid, the date of the accident, were reasonably necessary to lessen the period of disability. After an employee has reached maximum medical improvement, the employee's entitlement to additional medical benefits is limited to that provided in this section, unless the employee files a timely petition for review of the order or award on grounds of change of condition provided by Section 42-17-90. In a case involving an award of total disability benefits provided by Section 42-9-10, the employee has the burden of proving by a preponderance of the evidence that all medical benefits claimed more than ten weeks after the accident were proximately caused by the accident."
SECTION 20. Section 42-15-80 of the 1976 Code is amended to read:
"Section 42-15-80. (A) After an injury and so long as he claims compensation, the employee, if so requested by his employer or ordered by the commission, shall submit himself to examination, at reasonable times and places, by a duly qualified physician or surgeon designated and paid by the employer or the commission. The employee shall have has the right to have present at such the examination any duly qualified physician or surgeon provided and paid by him. No A fact communicated to or otherwise learned by any physician or surgeon who may have attended or examined the employee, or who may have been present at any examination, shall be is not privileged, either in hearings provided for by this title or any action at law brought to recover damages against any an employer who may have accepted the compensation provisions of this title. If the employee refuses to submit himself to or in any way obstructs such the examination requested by and provided for by the employer, his right to compensation and his right to take or prosecute any proceedings a proceeding under this title shall must be suspended until such the refusal or objection ceases and no compensation shall is not payable at any time be payable for the period of suspension unless in the opinion of the commission the circumstances justify the refusal or obstruction. The employer or the commission may require in any case of death require an autopsy at the expense of the person requesting it.
(B) A physician, surgeon, or other health care provider may discuss and otherwise communicate an employee's medical history, diagnosis, causation, course of treatment, prognosis, work restrictions, and impairments with the representative of the insurance carrier, the employer, the employee, their respective attorney, or the commission without the employee's permission. A discussion, disclosure, or communication made by a physician, surgeon, or other health care provider pursuant to this section is not a violation of physician-patient confidentiality.
(C) The commission shall promulgate regulations establishing the role of rehabilitation professionals and other similarly situated professionals in workers' compensation cases with consideration given to these person's duties to both the employer and the employee and the standards of care applicable to the rehabilitation professional or other similarly situated professional as the case may be."
SECTION 21. Section 42-15-95 of the 1976 Code, as last amended by Act 468 of 1994, is further amended to read:
"Section 42-15-95. (A) As used in this section, 'medical and vocational information' means information collected in the process of assessing, planning, coordinating, monitoring, or evaluating the services required to address a claimant's health care needs through quality care promoting optimal recovery and rehabilitation.
(B) All existing information compiled by A health care facility, as defined in Section 44-7-130, or a health care provider licensed pursuant to Title 40 shall furnish all medical and vocational information pertaining directly to a workers' compensation claim must be provided to the insurance carrier, the employer, the employee, their attorneys, or the South Carolina Workers' Compensation Commission, within fourteen days after receipt of written request.
(C) A health care facility and a health care provider may charge a fee for the search and duplication of a medical record, but the fee may not exceed sixty-five cents per for each page for the first thirty pages and fifty cents per for each page for all other pages, and a clerical fee for searching and handling not to exceed fifteen dollars per for each request plus actual postage and applicable sales tax. The facility or provider may charge a patient or the patient's representative no more than the actual cost of reproduction of an x-ray. 'Actual cost' means the cost of materials and supplies used to duplicate the x-ray and the labor and overhead costs associated with the duplication.
(D) If a treatment facility or physician fails to send furnish the requested information within forty-five days after receipt of the request, the person or entity making the request may apply to the commission for an appropriate penalty payable to the commission, not to exceed two hundred dollars."
SECTION 22. Section 42-17-60 of the 1976 Code, as last amended by Act 439 of 1990, is further amended to read:
"Section 42-17-60. The award of the commission, as provided in Section 42-17-40, if not reviewed in due time, or an award of the commission upon such the review, as provided in Section 42-17-50, is conclusive and binding as to all questions of fact. However, either party to the dispute, within thirty days from the date of the award or within thirty days after receipt of notice to be sent by registered mail of the award, but not thereafter whichever is the longest, may appeal from the decision of the commission to the Court of common pleas of the county in which the alleged accident happened, or in which the employer resides or has his principal office, for errors of law under the same terms and conditions as govern appeals in ordinary civil actions Appeals. Notice of appeal must state the grounds of the appeal or the alleged errors of law. In case of an appeal from the decision of the commission on questions of law, the appeal does not operate as a supersedeas and thereafter after that the employer is required to make payment of the award involved in the appeal or certification until the questions at issue have been fully determined in accordance with the provisions of this title."
SECTION 23. Section 42-17-90 of the 1976 Code is amended to read:
"Section 42-17-90. Upon On its own motion or upon on the application of any a party in interest on the ground of a change in condition, the commission may review any an award and on such that review may make an award ending, diminishing, or increasing the compensation previously awarded, on proof by a preponderance of the evidence that there has been a physical change of condition caused by the original injury, after the last payment of compensation. An award is subject to the maximum or minimum provided in this title, and shall the commission immediately shall send to the parties a copy of the order changing the award. No such The review shall does not affect such the award as regards any moneys monies paid and no such the review shall must not be made after twelve months from the date of the last payment of compensation pursuant to an award under provided by this title. In occupational disease cases, a review must not be made after twelve months from the date of the last payment of compensation provided by Section 42-9-10 or 42-9-20."
SECTION 24. A. The General Assembly declares that in enacting this section it intends to further provide for provisions of law relating to the Loss Cost Multiplier.
B. Section 38-73-520 of the 1976 Code is amended to read:
"Section 38-73-520. Every insurer shall must file with the department, except as to exempt commercial policies, every manual of classifications, rules, and rates, every rating plan, and every modification of any of these which it proposed to use. The filing exemption shall not apply to loss cost filings by advisory or rating organizations or to the multiplier for expenses, assessments, profit, and contingencies and any modifications to loss costs used by a workers' compensation insurer to be applied to approved loss costs to develop the insurer's rates as provided in Section 38-73-525. Every filing shall must state the proposed effective date and shall indicate the character and extent of the coverage contemplated."
C. Chapter 73, Title 38 of the 1976 Code is amended by adding:
"Section 38-73-525. At least thirty days prior to using new rates, every insurer writing workers' compensation must file its multiplier for expenses, assessments, profit, and contingencies and any information relied upon by the insurer to support the multiplier and any modifications to loss costs. A copy of the filing must be provided simultaneously to the Consumer Advocate. The filing must contain, at a minimum, the following information: commission expense; other acquisition expense; general expense; expenses associated with recoveries from the Second Injury Fund; guaranty fund assessments; other assessments; premium taxes; miscellaneous taxes, licenses, or fees; and provision for profit and contingencies. Rate filings must be reviewed by an actuary employed or retained by the department who is a member of the American Academy of Actuaries or an associate or fellow of the Casualty Actuarial Society. Within the thirty-day period, if the director or his or her designee believes the information filed is not complete, the director or his or her designee must notify the insurer of additional information to be provided. Within fifteen days of receipt of the notification, the insurer must provide the requested information or file for a hearing challenging the reasonableness of the director's or his or her designee's request. The burden is on the insurer to justify the denial of the additional information. Unless a hearing has been requested, upon expiration of the thirty-day period or the fifteen-day period, whichever is later, the insurer may use the rates developed using the multiplier of expenses, assessments, profit, and contingencies."
D. Section 38-73-960 of the 1976 Code is amended to read:
"Section 38-73-960. The director or his or her designee shall must review filings as soon as reasonably possible after they have been made in order to determine whether they meet the requirements of this chapter. Subject to the exceptions specified in Sections 38-73-965, 38-73-970, and 38-73-980, each filing must be on file for a waiting period of sixty days before it becomes effective. This period may be extended by the director or his or her designee for an additional period not to exceed sixty days if he or she gives written notice within the waiting period to the insurer or rating organization which made the filing that he or she needs additional time for the consideration of the filing. Upon written application by the insurer or rating organization, the director or his or her designee may authorize a filing which he or she has reviewed to become effective before the expiration of the waiting period or any extension thereof. A filing meets the requirements of this chapter unless disapproved by the director or his or her designee within the waiting period or any extension thereof."
E. Chapter 73, Title 38 of the 1976 Code is amended by adding:
"Section 38-73-965. A filing made pursuant to Section 38-73-525 is governed by the effective dates specified in that section."
F. Section 38-73-990 of the 1976 Code is amended to read:
"Section 38-73-990. If Except as provided in Section 38-73-995, if within the waiting period or any extension thereof as provided in Section 38-73-960 the director or his or her designee finds that a filing or a part of a filing does not meet the requirements of this chapter, he shall or she must send to the insurer or rating organization which made the filing written notice of disapproval of the filing or part of a filing specifying therein in what respects he or she finds the filing or part thereof fails to meet the requirements of this chapter and stating that the filing or the part may not become effective."
G. Chapter 73, Title 38 of the 1976 Code is amended by adding:
"Section 38-73-995. An insurer's workers' compensation rates developed using its most recent multiplier for expenses, assessments, profit, and contingencies and any modifications to loss costs may be disapproved at any time after they become effective if the director or his or her designee determines that they do not meet the requirements of this chapter."
H. Chapter 73, Title 38 of the 1976 Code is amended by adding:
"Section 38-73-526. The director or his or her designee must issue a report to the General Assembly by the first of January each year that evaluates the state of the workers' compensation insurance market in this State. The report must contain an analysis of the availability and affordability of workers' compensation coverage and document that the department has complied with the provisions of Sections 38-73-430 and 38-73-525 with regard to both workers' compensation loss cost filings submitted by an advisory or rating organization and multiplier filings submitted by every insurer writing workers' compensation insurance."
SECTION 25. Sections 42-1-350, 42-1-370, 42-1-375, and 42-9-80 of the 1976 Code are repealed.
SECTION 26. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 27. Except as otherwise provided for in this act, this act takes effect July 1, 2007 or, if ratified after July 1, 2007 and except otherwise stated, upon approval by the Governor and applies to injuries that occur on or after this date. /
Renumber sections to conform.
Amend title to conform.
Rep. CATO explained the amendment.
The question then recurred to the adoption of the amendment.
Rep. MERRILL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Anderson Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Breeland G. Brown R. Brown Cato Chalk Chellis Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Crawford Dantzler Davenport Delleney Duncan Edge Frye Funderburk Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hinson Hiott Hodges Hosey Howard Huggins Jefferson Jennings Kelly Kennedy Kirsh Knight Limehouse Littlejohn Loftis Lowe Lucas Mack Mahaffey McLeod Merrill Miller Mitchell Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Vick Viers Walker Weeks White Whitmire Williams Witherspoon Young
Those who voted in the negative are:
So, the amendment was adopted.
Rep. CRAWFORD proposed the following Amendment No. 17 (Doc Name COUNCIL\NBD\11673AC07), which was tabled:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. Article 1, Chapter 1, Title 42 of the 1976 Code is amended by adding:
"Section 42-1-180. 'Professional sports team player' means a person who participates in the game of professional sports for wages, earnings, or salary, within the meaning of this title, as an employee of an employer."
SECTION __. Section 42-1-360 of the 1976 Code is amended by adding an appropriately numbered subsection at the end:
"( ) Professional sports team player, as defined in Section 42-1-180, unless the employer voluntarily elects to be bound by this title."/
Renumber sections to conform.
Amend title to conform.
Rep. CRAWFORD explained the amendment.
Rep. SCOTT moved to table the amendment, which was agreed to.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Anderson Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Breeland G. Brown R. Brown Cato Chalk Chellis Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Crawford Dantzler Davenport Delleney Duncan Edge Frye Funderburk Gambrell Govan Gullick Hagood Haley Hamilton Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hinson Hiott Hodges Hosey Jefferson Jennings Kelly Kennedy Kirsh Knight Limehouse Littlejohn Loftis Lowe Lucas Mack Mahaffey McLeod Merrill Miller Mitchell Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Perry Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Vick Viers Walker Weeks White Whitmire Williams Witherspoon Young
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
My voting machine malfunctioned during the vote on S. 332. My vote should have been recorded as voting in favor of the Bill.
Rep. Chip Huggins
I was out of the Chamber temporarily on constituent business when the vote was taken on S. 332. Had I been present, I would have voted in favor of the Bill.
Rep. Anne Parks
I was out of the Chamber temporarily on constituent business when the vote was taken on S. 332. Had I been present, I would have voted in favor of the Bill.
Rep. Mike Anthony
Rep. BREELAND moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 4103 (Word version) -- Reps. Mulvaney and J. M. Neal: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF MR. HEATH SUTTON OF LANCASTER COUNTY AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 4104 (Word version) -- Reps. Williams, Neilson, Jefferson and Lucas: A CONCURRENT RESOLUTION TO CONGRATULATE THE MEMBERS OF THE LAMAR HIGH SCHOOL GIRLS TRACK TEAM AND THEIR COACHES FOR WINNING THE 2007 STATE CLASS A GIRLS TRACK CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4105 (Word version) -- Reps. W. D. Smith, Davenport, Kelly, Littlejohn, Talley and Walker: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM TO BE CONDUCTED AT THE SAME TIME AS THE NEXT PARTY PRIMARIES TO DETERMINE IF THE QUALIFIED ELECTORS OF SPARTANBURG COUNTY FAVOR LEGISLATION WHICH WOULD MAKE IT EASIER FOR MUNICIPALITIES TO ANNEX UNINCORPORATED AREAS.
On motion of Rep. TALLEY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4106 (Word version) -- Reps. Stavrinakis and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-170 SO AS TO AUTHORIZE WARRANTLESS SEARCHES OF PERSONS ON PAROLE OR PROBATION; TO AMEND SECTION 16-3-620, RELATING TO ASSAULT AND BATTERY WITH INTENT TO KILL, SO AS TO INCREASE THE PENALTY OF THE OFFENSE; TO AMEND SECTION 17-15-30, AS AMENDED, RELATING TO MATTERS TO BE CONSIDERED IN DETERMINING CONDITIONS OF RELEASE ON BOND, SO AS TO INCLUDE THE ACCUSED'S CURRENT BOND STATUS FOR ANOTHER FELONY OFFENSE AND TO PROVIDE THAT BOND MAY NOT BE SET AT LESS THAN FIFTY THOUSAND DOLLARS FOR THESE PERSONS; TO AMEND SECTION 24-13-100, RELATING TO THE DEFINITION OF A "NO PAROLE OFFENSE" SO AS TO EXPAND THE DEFINITION TO INCLUDE THOSE OFFENSES FOR WHICH THE ACTUAL TERM OF IMPRISONMENT IMPOSES IS TEN YEARS OR MORE; AND TO AMEND SECTION 24-21-460, RELATING TO PROBATION VIOLATION HEARINGS, SO AS TO CLARIFY THAT A PROBATION VIOLATION HEARING MUST BE HELD IMMEDIATELY BY THE COURT UPON THE PERSON'S ARREST.
Referred to Committee on Judiciary
The following was introduced:
H. 4107 (Word version) -- Reps. Clyburn, D. C. Smith, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION HONORING DR. SHARON W. KEESLEY OF EDGEFIELD COUNTY FOR HER COMMITMENT TO EXCELLENCE IN EDUCATION AND HER DISTINGUISHED SERVICE AS SUPERINTENDENT OF THE EDGEFIELD COUNTY SCHOOL DISTRICT AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN HER RETIREMENT AND IN ALL HER FUTURE ENDEAVORS.
The Resolution was adopted.
Rep. BREELAND moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4062 (Word version) -- Reps. Crawford, Lowe, Alexander, Branham and Williams: A CONCURRENT RESOLUTION APPLAUDING THE WEST FLORENCE HIGH SCHOOL TENNIS TEAM ON ITS 22-2 RECORD FOR 2007, CAPPED BY CAPTURING THE AAAA STATE TENNIS TITLE WITH A WIN OVER THE DEFENDING STATE CHAMPIONS OF LEXINGTON HIGH SCHOOL.
H. 4063 (Word version) -- Reps. Jennings, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND MAYOR BENJY ROGERS OF BENNETTSVILLE FOR HIS LIFETIME OF DEDICATED PUBLIC SERVICE, CONGRATULATE HIM UPON HIS RETIREMENT AS MAYOR OF BENNETTSVILLE AFTER TWO SUCCESSFUL TERMS, AND WISH HIM CONTINUED SUCCESS AS HE ACCEPTS THE CHALLENGE OF SERVING AS MARLBORO COUNTY AUDITOR.
H. 4076 (Word version) -- Reps. Cotty, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR DR. JEAN M. NORMAN OF COLUMBIA EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA SCHOOL IMPROVEMENT COUNCIL, FOR HER TIRELESS EFFORTS ON BEHALF OF OUR STATE'S SCHOOL CHILDREN, DURING A VERY DISTINGUISHED CAREER, UPON HER RETIREMENT FROM THIS POSITION.
H. 4078 (Word version) -- Reps. Knight, Chellis, Harrell and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE DORCHESTER ACADEMY VARSITY FOOTBALL TEAM OF ST. GEORGE FOR ITS OUTSTANDING SEASON AND FOR CAPTURING THE SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS A STATE CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM'S EXCEPTIONAL PLAYERS, COACHES, AND STAFF.
H. 4079 (Word version) -- Reps. Funderburk, Cotty and Lucas: A CONCURRENT RESOLUTION TO COMMEND MRS. ANN MARIE TAYLOR, SPECIAL EDUCATION TEACHER AT PINE TREE HILL ELEMENTARY SCHOOL IN KERSHAW COUNTY, FOR HER COMMITMENT TO PROVIDING QUALITY EDUCATION FOR THE CHILDREN OF SOUTH CAROLINA, AND TO CONGRATULATE HER UPON BEING NAMED THE 2007 SOUTH CAROLINA TEACHER OF THE YEAR.
At 4:42 p.m. the House, in accordance with the motion of Rep. MERRILL, adjourned in memory of Milton Farley of Hanahan, to meet at 10:00 a.m. tomorrow.
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