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 Judges 6:12: "The Lord is with you."
Let us pray. Lord, open our hearts to what You are calling us to do here in Your kingdom for the people of this State. Use us as instruments of innovation and caring that we might be what You intended us to be. Guide us by Your hand. Bless our Nation, President, State, Governor, Speaker, this Honorable Assembly, and all who labor in these Halls of Government. Protect our defenders of freedom at home and abroad as they protect us. Hear our prayer, O 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. HARVIN moved that when the House adjourns, it adjourn in memory of David Bomar Smith of Conway, which was agreed to.
The following was received:
Columbia, S.C., February 5, 2008
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. 452:
S. 452 (Word version) -- Senators Grooms, McConnell, Campsen and Knotts: A BILL TO AMEND SECTION 50-15-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANAGEMENT OF NONGAME AND ENDANGERED WILDLIFE, SO AS TO DELETE A PROVISION PERMITTING THE DEPARTMENT OF NATURAL RESOURCES TO ISSUE PERMITS TO CERTAIN PERSONS ALLOWING THE REMOVAL AND DISPOSITION OF ALLIGATORS; TO ADD SECTION 50-15-65 SO AS TO AUTHORIZE THE DEPARTMENT TO ESTABLISH AN ALLIGATOR CONTROL PROGRAM FOR THE HUNTING AND FOR THE REMOVAL OF ALLIGATORS INCLUDING ALLIGATORS ON PRIVATE LAND, TO PROVIDE FOR THE TERMS, CONDITIONS, AND FEES AND COSTS OF THIS PROGRAM, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; TO AMEND SECTION 50-15-80, AS AMENDED, RELATING TO PENALTIES FOR CERTAIN VIOLATIONS OF THE NONGAME AND ENDANGERED SPECIES CONSERVATION ACT AND THE DISPOSITION OF CONFISCATED PROPERTY, SO AS TO FURTHER PROVIDE FOR WHAT ACTIONS GIVE RISE TO THE PENALTY PROVISIONS; AND TO REPEAL SECTION 50-15-60 RELATING TO COST OF SPECIFIED PROGRAMS AND ALLIGATOR PRODUCTS PERMITS.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., February 5, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Hutto, Hawkins and Bryant of the Committee of Conference on the part of the Senate on H. 3623:
H. 3623 (Word version) -- Rep. Thompson: A BILL TO AMEND SECTION 6-11-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF SPECIAL PURPOSE DISTRICTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, ALL AS AMENDED, RELATING TO MONETARY ASSESSMENTS LEVIED AGAINST FINES IMPOSED IN GENERAL SESSIONS, MAGISTRATES, AND MUNICIPAL COURTS, SO AS TO DELETE THE TERM "DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY"; TO AMEND SECTION 23-11-110, RELATING TO CERTAIN QUALIFICATIONS THAT A SHERIFF MUST POSSESS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 23-23-70, RELATING TO THE ISSUANCE OF LAW ENFORCEMENT OFFICER CERTIFICATES, SO AS TO DELETE REFERENCES TO SECTION 23-6-440 AND REPLACE IT WITH REFERENCES TO SECTION 23-23-60; TO AMEND SECTIONS 23-28-20, 23-28-60, AND 23-28-90, ALL RELATING TO THE APPOINTMENT OF RESERVE POLICE OFFICERS, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 23-47-20, AS AMENDED, RELATING TO 911 SYSTEM REQUIREMENTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-5-320, RELATING TO THE JAIL PRE-SERVICE TRAINING PROGRAM, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE THEM WITH REFERENCES TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-5-360, RELATING TO TRAINING OFFERED TO RESERVES WHO WISH TO BECOME FULL-TIME JAILERS OR DETENTION OFFICERS, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE THEM WITH REFERENCES TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 56-5-2950, RELATING TO A PERSON WHO DRIVES A MOTOR VEHICLE HAVING GIVEN CONSENT TO SUBMIT TO CHEMICAL TESTS OF HIS BREATH, BLOOD, OR URINE FOR CERTAIN PURPOSES, SO AS TO DELETE A REFERENCE TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE IT WITH A REFERENCE TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY; AND TO AMEND SECTION 40-18-30, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE STATE LAW ENFORCEMENT DIVISION, SO AS TO DELETE A REFERENCE TO THE LAW ENFORCEMENT TRAINING COUNCIL AND TO REPLACE IT WITH A REFERENCE TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., February 5, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
Sumter County Master-in-Equity
Term Commencing: December 31, 2004
Term Expiring: December 31, 2010
Seat: Master-in-Equity
Vice: Linwood S. Evans
Initial Appointment
Richard L. Booth, Esquire
Sumter County Courthouse
104 North Main St.
Sumter, South Carolina 29150
803-775-6232
Very respectfully,
President of the Senate
Received as information.
The following were received and referred to the appropriate committee for consideration:
Document No. 3195
Agency: Department of Transportation
Statutory Authority: 1976 Code Sections 57-3-110 and 57-5-1650
Prequalification of Bidders
Received by Speaker of the House of Representatives
February 5, 2008
Referred to Ways and Means Committee
Legislative Review Expiration June 4, 2008
Document No. 3164
Agency: Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320
Communications Services
Received by Speaker of the House of Representatives
February 5, 2008
Referred to Ways and Means Committee
Legislative Review Expiration June 4, 2008
Document No. 3163
Agency: Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320
Sales Tax
Received by Speaker of the House of Representatives
February 5, 2008
Referred to Ways and Means Committee
Legislative Review Expiration June 4, 2008
Document No. 3159
Agency: Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320
Accommodation
Received by Speaker of the House of Representatives
February 5, 2008
Referred to Ways and Means Committee
Legislative Review Expiration June 4, 2008
Document No. 3158
Agency: Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320
Sales Tax
Received by Speaker of the House of Representatives
February 5, 2008
Referred to Ways and Means Committee
Legislative Review Expiration June 4, 2008
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
S. 598 (Word version) -- Senators Campsen, McConnell, Moore, Fair, Grooms, Ritchie, Verdin, Malloy, Bryant and Knotts: A BILL TO AMEND CHAPTER 12, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CABLE TELEVISION, BY ADDING ARTICLE 4 SO AS TO ENACT THE "TELEVISION PROGRAMMING PROTECTION ACT" TO REQUIRE A CABLE OR VIDEO SERVICE PROVIDER TO BLOCK ALL VIDEO AND AUDIO ON ANY CHANNEL THAT A SUBSCRIBER HAS NOT PURCHASED.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
S. 964 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 34-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITION OF THE USE OF THE WORD "BANK" IN CONNECTION WITH A PURSUIT OTHER THAN BANKING, SO AS TO PROHIBIT THE USE OF A BANKING ENTITY'S LOGO OR NAME IN CONNECTION WITH A FINANCIAL TRANSACTION WITHOUT ITS WRITTEN CONSENT.
Ordered for consideration tomorrow.
The following was introduced:
H. 4651 (Word version) -- Reps. Cobb-Hunter, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, 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 EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF THE REVEREND DR. LEROY CAIN, SR., OF LEXINGTON COUNTY AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
Whereas, the members of the South Carolina House of Representatives were deeply saddened to learn of the death of the Reverend Dr. Leroy Cain, Sr., of Lexington County, on January 31, 2008, at the venerable age of seventy-nine; and
Whereas, Leroy Cain, born in Batesburg to the late Reverend O.C. and Annie Lue Craften Cain, graduated from Twin City High School, Allen University, and C.E. Graham Bible Institute, where he received his doctorate in theology; and
Whereas, young Cain answered the call of his country to serve in the United States Army during the Korean War, after which he served the Mayor of Columbia and in the Governor's Office for a number of years. In special session on December 6, 1976, Leroy Cain was elected Assistant Sergeant at Arms for the South Carolina House of Representatives, the first African American to be so honored. He retired from that office in 1990, having completed thirty-six years of dedicated service to the State of South Carolina; and
Whereas, his many devoted co-workers at the State House recall with happy memory the unfailing good humor, infectious laugh, and generous spirit that he shared in full measure; and
Whereas, as part of his lifelong commitment to the church and community, in 1956 the Reverend Dr. Cain was ordained to the gospel ministry of our Lord Jesus Christ at Olive Branch Baptist Church in Batesburg. He was pastor emeritus of Zion Pilgrim Baptist Church, where he served faithfully for forty-four years and earned the commendation of both his congregation and his God, "Well done, good and faithful servant...Enter thou into the joy of thy lord"; and
Whereas, he leaves his beloved wife, Shirley E. Cain, as well as five children, Reverend Leroy Cain, Jr., and his wife Clarissa; Paula Bridgett; Betty Logan and her husband, Michael; Michele Holmes; and Dawn Duke and her husband, Troy; siblings Fred, Calvin, Mattie, and Estell Cain; twelve grandchildren; five great-grandchildren; and other loving relatives; and
Whereas, his loyalty and devotion to his family, his friends, his work, and his country were admired by all who knew him and established him as a man to be trusted and respected. He will be sorely missed. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, express their profound sorrow upon the passing of the Reverend Dr. Leroy Cain, Sr., of Lexington County and extend the deepest sympathy to his family and many friends.
Be it further resolved that a copy of this resolution be forwarded to Mrs. Shirley E. Cain.
The Resolution was adopted.
The following was introduced:
H. 4652 (Word version) -- Reps. Williams, Ballentine, Haley, Breeland, Jefferson, Jennings, Knight, Neilson, Phillips, J. R. Smith and Weeks: A CONCURRENT RESOLUTION TO RECOGNIZE THE SOUTH CAROLINA SCHOOL IMPROVEMENT COUNCILS FOR THIRTY YEARS OF FOSTERING DIRECT CIVIC ENGAGEMENT IN PUBLIC EDUCATION.
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 committee:
S. 503 (Word version) -- Senators Knotts, Ford and Scott: A BILL TO AMEND SECTION 22-5-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED IN OTHER COUNTIES OR BY MUNICIPAL AUTHORITIES, SO AS TO PROVIDE A WARRANT IS NOT REQUIRED TO BE ENDORSED BY A MAGISTRATE IN THE COUNTY WHERE A PERSON CHARGED WITH A CRIME RESIDES OR WHERE HE IS LOCATED, TO PROVIDE PROCEDURES FOR SERVING A WARRANT, AND TO MAKE CONFORMING CHANGES.
Referred to Committee on Judiciary
S. 831 (Word version) -- Senators Campsen, Grooms, Sheheen, Bryant, McConnell, Cleary, Gregory, Hawkins and Malloy: A BILL TO AMEND SECTION 22-2-5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELIGIBILITY EXAMINATION FOR MAGISTRATES, SO AS TO EXTEND THE TIME PERIOD FOR THE VALIDITY OF THE EXAMINATION SCORES FROM SIX MONTHS BEFORE AND SIX MONTHS AFTER THE TIME THE APPOINTMENT IS TO BE MADE TO ONE YEAR BEFORE AND ONE YEAR AFTER THE TIME THE APPOINTMENT IS TO BE MADE.
Referred to Committee on Judiciary
S. 990 (Word version) -- Senators Martin, Ford, Ritchie, Knotts, Cleary and Malloy: A BILL TO AMEND SECTION 2-19-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC HEARINGS, SO AS TO REQUIRE THAT WRITTEN STATEMENTS OF PROPOSED TESTIMONY OF ANYONE WISHING TO TESTIFY BEFORE THE JUDICIAL MERIT SELECTION COMMISSION HEARING BE FURNISHED BY THE PERSON WISHING TO TESTIFY NO LESS THAN TWO WEEKS PRIOR TO THE DATE AND TIME SET FOR THE HEARING UNLESS EXIGENT CIRCUMSTANCES ARE SHOWN BY THE SUBMITTING INDIVIDUAL.
Referred to Committee on Judiciary
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 Chalk Clemmons Clyburn Cobb-Hunter Coleman Cooper Crawford Dantzler Delleney Duncan Edge Erickson Frye Funderburk Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hiott Hodges Hosey Howard Huggins Hutson Jefferson Kelly Kennedy Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mack Mahaffey McLeod Merrill Miller Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts Rice Sandifer Scarborough Scott Shoopman Skelton D. C. Smith F. N. Smith J. R. Smith W. D. Smith Spires Stavrinakis Talley Taylor Thompson Toole Umphlett Vick Walker Weeks White Whitmire Williams Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, February 6.
James E. Stewart Thad Viers Bill Cotty Gary Simrill G. R. Smith Ralph Davenport Harold Mitchell G. Murrell Smith Michael A. Pitts J. "Seth" Whipper Douglas Jennings Bakari Sellers
The SPEAKER granted Rep. STEWART a leave of absence for the remainder of the day.
The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the day.
Rep. VICK 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, February 5.
Announcement was made that Dr. Beverly Simons of Columbia was the Doctor of the Day for the General Assembly.
Rep. LITTLEJOHN presented to the House students and school officials of the South Carolina School for the Deaf and the Blind.
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. 3059 (Word version)
Date: ADD:
02/06/08 VIERS
Bill Number: H. 3094 (Word version)
Date: ADD:
02/06/08 FUNDERBURK
Bill Number: H. 4157 (Word version)
Date: ADD:
02/06/08 HART
Bill Number: H. 4157 (Word version)
Date: ADD:
02/06/08 GULLICK
Bill Number: H. 4157 (Word version)
Date: ADD:
02/06/08 BEDINGFIELD
Bill Number: H. 4474 (Word version)
Date: ADD:
02/06/08 SELLERS
Bill Number: H. 4552 (Word version)
Date: ADD:
02/06/08 MCLEOD
Bill Number: H. 4630 (Word version)
Date: ADD:
02/06/08 HART
Bill Number: H. 4596 (Word version)
Date: ADD:
02/06/08 JEFFERSON
Bill Number: H. 4596 (Word version)
Date: ADD:
02/06/08 G. BROWN
Bill Number: H. 4596 (Word version)
Date: ADD:
02/06/08 HARDWICK
Bill Number: H. 4596 (Word version)
Date: ADD:
02/06/08 HAYES
Bill Number: H. 4596 (Word version)
Date: ADD:
02/06/08 G. R. SMITH
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 4408 (Word version) -- Reps. Skelton, Harrell, Walker and Bedingfield: A BILL TO AMEND SECTIONS 59-104-25 AND 59-149-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP STIPEND FOR STUDENTS MAJORING IN MATHEMATICS OR SCIENCES AND THE LIFE SCHOLARSHIP STIPEND FOR STUDENTS MAJORING IN MATHEMATICS OR SCIENCES, RESPECTIVELY, BOTH SO AS TO REVISE THE COURSE REQUIREMENTS NECESSARY TO RECEIVE THE STIPEND DURING A STUDENT'S FRESHMAN YEAR.
H. 4372 (Word version) -- Rep. J. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 14 TO CHAPTER 53, TITLE 59, SO AS TO ESTABLISH THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION AND TO PROVIDE FOR ITS POWERS AND DUTIES.
H. 4316 (Word version) -- Reps. Lucas, Clyburn and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-104-28 SO AS TO ESTABLISH ALTERNATIVE CRITERIA FOR STUDENTS GRADUATING IN 2008 AND THEREAFTER WHO ATTEND A MAGNET SCHOOL, AS DEFINED, FOR THE AWARDING OF PALMETTO FELLOWS SCHOLARSHIPS.
H. 4328 (Word version) -- Reps. Harrison, Delleney, Haskins, G. M. Smith, Cotty, McLeod and Hart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-505 SO AS TO DEFINE CERTAIN TERMS; BY ADDING SECTION 1-23-535 SO AS TO PROVIDE THAT THE ADMINISTRATIVE LAW COURT SHALL HAVE AN OFFICIAL SEAL; TO AMEND SECTION 1-23-310, RELATING TO DEFINITIONS FOR PURPOSES OF ADMINISTRATIVE PROCEDURES, SO AS TO CHANGE A REFERENCE TO THE ADMINISTRATIVE LAW JUDGE DIVISION TO THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 1-23-320, RELATING TO CONTESTED CASE HEARINGS, SO AS TO DELETE A PROVISION REGARDING THE HANDLING OF ATTENDANCE AND TESTIMONY OF WITNESSES, PRODUCTION OF BOOKS, PAPERS, AND RECORDS, AND OTHER PROCEDURAL MATTERS AND TO PROVIDE FOR ENFORCEMENT OR RELIEF FROM AN AGENCY SUBPOENA BEFORE THE COURT; TO AMEND SECTION 1-23-380, AS AMENDED, RELATING TO JUDICIAL REVIEW AFTER EXHAUSTION OF ADMINISTRATIVE REMEDIES, SO AS TO DELETE REFERENCES TO THE ADMINISTRATIVE LAW COURT AND TO REVIEW BY AN ADMINISTRATIVE LAW JUDGE OF A FINAL DECISION IN A CONTESTED CASE TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT; TO AMEND SECTION 1-23-560, RELATING TO THE APPLICATION OF THE CODE OF JUDICIAL CONDUCT TO THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE THAT THE CODE OF JUDICIAL CONDUCT SERVES AS THE SOLE GROUNDS FOR DISCIPLINE OF ADMINISTRATIVE LAW JUDGES AND TO ALLOW ADMINISTRATIVE LAW JUDGES AND SPOUSES TO ACCEPT INVITATIONS TO CERTAIN JUDICIAL-RELATED FUNCTIONS; TO AMEND SECTION 1-23-600, AS AMENDED, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW COURT, SO AS TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT AND TO PROHIBIT THE HEARING OF CERTAIN INMATE APPEALS BY THE COURT; TO AMEND SECTION 1-23-610, AS AMENDED, RELATING TO REVIEW OF DECISIONS OF THE ADMINISTRATIVE LAW COURT, SO AS TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT AND TO DELETE THE PROVISION REQUIRING APPROPRIATED MONIES TO BE USED FOR THE SAME PURPOSE INDEFINITELY; AND TO AMEND SECTION 1-23-640, RELATING TO THE VENUE WHERE ADMINISTRATIVE LAW COURT CASES ARE HEARD, SO AS TO PROVIDE THAT CONTESTED CASES WILL BE HEARD AT THE PRINCIPAL OFFICES OR AT ANOTHER SUITABLE LOCATION UNDER CERTAIN CIRCUMSTANCES.
Rep. E. H. PITTS moved to adjourn debate upon the following Bill until Wednesday, February 13, which was adopted:
H. 3853 (Word version) -- Reps. Witherspoon, Walker, Bales, Harvin, Littlejohn, Lowe, Mahaffey, Miller, M. A. Pitts and Spires: A BILL TO AMEND SECTION 56-5-4630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PLACEMENT OF A RED LIGHT, LANTERN, OR FLAG UPON A LOAD THAT EXTENDS FOUR FEET OR MORE BEYOND THE BED OR BODY OF A VEHICLE, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH THE RED LIGHT, LANTERN, OR FLAG MUST BE PLACED UPON THE LOAD, AND TO PROVIDE THAT UNDER CERTAIN CIRCUMSTANCES AN AMBER STROBE LIGHT MUST BE AFFIXED TO THE LOAD.
Rep. E. H. PITTS moved to adjourn debate upon the following Bill until Wednesday, February 13, which was adopted:
H. 4357 (Word version) -- Reps. E. H. Pitts and Viers: A BILL TO AMEND SECTION 57-25-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUS SHELTERS AND ADVERTISING ALLOWED THEREON FOR SUCH SHELTERS LOCATED IN THE RIGHT-OF-WAY OF A STATE ROAD, SO AS TO ALLOW ADVERTISING ON A STAND-ALONE BUS BENCH LOCATED WITHIN THE RIGHT-OF-WAY OF A STATE ROAD.
Rep. TALLEY moved to adjourn debate upon the following Bill, which was adopted:
S. 453 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "FINANCIAL IDENTITY FRAUD AND IDENTITY THEFT PROTECTION ACT", BY ADDING CHAPTER 20 TO TITLE 37 PROVIDING FOR PROTECTIONS IN CONNECTION WITH CONSUMER CREDIT-REPORTING AGENCIES AND WITH THE USE AND COMMUNICATION OF A CONSUMER'S SOCIAL SECURITY NUMBER, IMPOSITION OF A SECURITY FREEZE ON A CONSUMER'S CREDIT REPORT, PRESCRIPTION OF MEASURES FOR DISPOSAL OF PERSONAL IDENTIFYING INFORMATION AND DISCLOSURE OF UNAUTHORIZED ACCESS TO PERSONAL IDENTIFYING INFORMATION, AND CIVIL DAMAGES, INCLUDING ATTORNEY'S FEES AND COSTS AND INJUNCTIVE RELIEF; BY REDESIGNATING THE FAMILY PRIVACY PROTECTION ACT OF CHAPTER 2, TITLE 30, AS ARTICLE 1 AND BY ADDING ARTICLE 3 PROVIDING FOR PROTECTION OF PERSONAL IDENTIFYING INFORMATION PRIVACY IN CONNECTION WITH A PUBLIC BODY AND ITS USE AND COMMUNICATION OF A RESIDENT'S SOCIAL SECURITY NUMBER, PRESCRIPTION FOR DISCLOSURE OF SOCIAL SECURITY INFORMATION AND IDENTIFYING INFORMATION BY AND TO CERTAIN PUBLIC BODIES, PROHIBITION OF REQUIRING THE USE OF PERSONAL IDENTIFYING INFORMATION ON A MORTGAGE AND IN PREPARATION OF DOCUMENTS FOR PUBLIC FILING, AND PROCEDURE FOR REDACTING CERTAIN PERSONAL IDENTIFYING INFORMATION FROM PUBLIC RECORDS; BY ADDING SECTION 1-11-490 SO AS TO PROVIDE FOR DISCLOSURE BY AN AGENCY OF THIS STATE OF UNAUTHORIZED ACCESS TO OR ACQUISITION OF THE PERSONAL IDENTIFYING INFORMATION OF A RESIDENT WHOSE INFORMATION THE AGENCY OWNS OR LICENSES AND TO PROVIDE FOR CIVIL DAMAGES, ATTORNEY'S FEES, AND INJUNCTIVE RELIEF; BY ADDING SECTION 16-11-725 SO AS TO MAKE IT UNLAWFUL TO USE ANOTHER PERSON'S HOUSEHOLD GARBAGE FOR THE PURPOSE OF COMMITTING FINANCIAL OR IDENTITY FRAUD; BY ADDING SECTION 16-13-512 SO AS TO REGULATE THE USE OF A CARDHOLDER'S SOCIAL SECURITY NUMBER ON A CREDIT OR DEBIT CARD RECEIPT; BY ADDING SECTION 39-1-90 SO AS TO PROVIDE FOR DISCLOSURE BY A PERSON CONDUCTING BUSINESS IN THIS STATE OF UNAUTHORIZED ACCESS TO OR ACQUISITION OF THE PERSONAL IDENTIFYING INFORMATION OF A RESIDENT WHOSE INFORMATION THE PERSON OWNS OF LICENSES AND TO PROVIDE FOR CIVIL DAMAGES, ATTORNEY'S FEES, AND INJUNCTIVE RELIEF; BY AMENDING SECTION 16-13-510, AS AMENDED, RELATING TO THE OFFENSE OF FINANCIAL IDENTITY FRAUD, SO AS TO ADD THE ELEMENTS OF WILFULNESS AND KNOWLEDGE AND TO INCLUDE THE OFFENSE OF IDENTITY FRAUD AS THE USE OF ANOTHER'S INFORMATION TO AVOID LEGAL CONSEQUENCES OR TO OBTAIN EMPLOYMENT AND TO FURTHER DEFINE "IDENTIFYING INFORMATION"; AND TO REPEAL SECTION 16-13-515, RELATING TO IDENTITY FRAUD; AND TO PROVIDE VARIOUS EFFECTIVE DATES.
Rep. YOUNG moved to adjourn debate upon the following Bill until Thursday, February 7, which was adopted:
H. 4520 (Word version) -- Reps. Cooper, Harrell, Cobb-Hunter, Walker, Perry, Battle, Skelton, Thompson, Alexander, Ballentine, Edge, Harrison, Hayes, Limehouse, J. H. Neal, Ott, Owens and Williams: A BILL TO AMEND SECTION 59-147-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF REVENUE BONDS BY COLLEGES AND UNIVERSITIES, SO AS TO CLARIFY AND FURTHER SPECIFY WHAT FACILITIES ARE ELIGIBLE TO BE FINANCED UNDER THE HIGHER EDUCATION REVENUE BOND ACT; AND TO REPEAL SECTION 59-147-120 RELATING TO CERTAIN LIMITATIONS ON THE ISSUANCE OF REVENUE BONDS.
The following Bill was taken up:
H. 3950 (Word version) -- Rep. Kennedy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 97 TO TITLE 44 SO AS TO CREATE THE CHRONIC KIDNEY DISEASE INITIATIVE GOVERNING BOARD AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES, INCLUDING MANAGING FUNDING AND IMPLEMENTING PROGRAMS TO EDUCATE THE PUBLIC AND HEALTH CARE PROFESSIONALS ABOUT KIDNEY DISEASE.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11990AC08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 44 of the 1976 Code is amended by adding:
Section 44-97-10. (A)(1) There is created the Chronic Kidney Disease Initiative Governing Board comprised of seventeen members; one of whom must be the Director of the Department of Health and Human Services, or a designee, who shall serve as chairman of the governing board, one of whom must be the Director of the Department of Health and Environmental Control, or a designee, and these members, who must be appointed by the Director of the Department of Health and Human Services:
(a) from recommendations submitted by the South Carolina Medical Association, two family medicine physicians and two pathologists;
(b) one representative of the National Kidney Foundation of South Carolina;
(c) from recommendations submitted by the National Kidney Foundation of South Carolina, one representative of the Department of Nephrology at the Medical University of South Carolina;
(d) from recommendations submitted by the National Kidney Foundation of South Carolina, one representative of the Department of Nephrology at the University of South Carolina School of Medicine;
(e) one representative of a private health insurance company or health maintenance organization;
(f) from recommendations submitted by the National Kidney Foundation of South Carolina, two nephrologists;
(g) two representatives of the faith-based community;
(h) from recommendations submitted by the South Carolina Diabetes Initiative, one representative from that organization;
(i) from recommendations submitted by the Palmetto Project, one representative from that organization;
(j) one representative from recommendations submitted by the South Carolina Children's Hospital Collaborative.
(2) Members shall serve terms of two years and until their successors are appointed and qualify. Vacancies on the board must be filled in the manner of the original appointment.
(B) The governing board shall manage funding and implementation of programs to educate the public and health care professionals about the advantages and methods of early screening, diagnosis, and treatment of chronic kidney disease and its complications based on Kidney Disease Outcomes Quality Initiative Clinical Practice Guidelines for chronic kidney disease or other medically recognized clinical practice guidelines.
(C) The Department of Health and Human Services shall provide all necessary staff, research, and meeting facilities for the governing board."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. HARVIN 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. 3957 (Word version) -- Rep. Harvin: A BILL TO AMEND SECTION 44-39-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF THE DIABETES INITIATIVE OF SOUTH CAROLINA, SO AS TO DELETE THE REQUIREMENT THAT THE PRESIDENT OF THE SOUTH CAROLINA AFFILIATE OF THE AMERICAN DIABETES ASSOCIATION BE A MEMBER OF THE BOARD, AND TO PROVIDE THAT THE VICE PRESIDENT OF THE SOUTHEASTERN DIVISION OF THE AMERICAN DIABETES ASSOCIATION BE A MEMBER OF THE BOARD.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22045AB08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 44-39-20(B) of the 1976 Code is amended to read:
"(B) The board consists of:
(1) the following officials or their designees;
(a) the President of the Medical University of South Carolina;
(b) the Director of the Department of Health and Environmental Control;
(c) the Director of the State Department of Health and Human Services;
(d) the President of the South Carolina Medical Association;
(e) the President of the South Carolina Affiliate of the American Diabetes Association Vice President of the Southeastern Division of the American Diabetes Association;
(f) the President of the American Association of Diabetes Educators;
(g) the President of the South Carolina Academy of Family Physicians;
(h) the head of the Office of Minority Health in the Department of Health and Environmental Control;
(i) the Governor of South Carolina Chapter of the American College of Physicians;
(2) a representative of the Governor's office, to be appointed by the Governor;
(3) a member of the Joint Legislative Committee on Health Care Planning and Oversight, to be appointed by the chairman;
(4) four representatives appointed by the President of the Medical University of South Carolina for terms of four years, two of whom must be from the general public and one each from the Centers of Excellence Advisory Committees, all of whom must be persons knowledgeable about diabetes and its complications and whose term of office is four years."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. HARVIN 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. 3723 (Word version) -- Reps. Neilson, Anthony, Bales, Clyburn, Hodges, Hosey, Howard, Jefferson, Mack, Moss and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-155 SO AS TO REQUIRE EACH SCHOOL DISTRICT IN THIS STATE TO DEVELOP AND IMPLEMENT AN EXTERNAL DEFIBRILLATOR PROGRAM FOR EACH HIGH SCHOOL IN THE DISTRICT WHICH REQUIRES THAT SUCH A DEFIBRILLATOR IS PROVIDED ON THE GROUNDS OF EACH HIGH SCHOOL, THAT DISTRICT EMPLOYEES AND VOLUNTEERS REASONABLY EXPECTED TO USE THE DEVICE ARE TRAINED IN ITS USE, AND THAT THESE DEVICES ARE PERIODICALLY INSPECTED AND ANNUALLY MAINTAINED.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10346HTC08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 17, Title 59 of the 1976 Code is amended by adding:
"Section 59-17-155. Each school district shall develop and implement an automated external defibrillator program meeting the requirements of Chapter 76 of Title 44 of the 1976 Code for each high school in the district. The program must include provisions that:
(1) require an operational automatic external defibrillator on the grounds of the high school;
(2) require all employees or volunteers who are reasonably expected to use the device to obtain appropriate training, including completion of a course in cardiopulmonary resuscitation or a basic first aid course that includes cardiopulmonary resuscitation training and demonstrated proficiency in the use of an automated external defibrillator;
(3) establish guidelines for periodic inspections and annual maintenance of these devices."
SECTION 2. This act takes effect upon approval by the Governor and first applies for the 2008-2009 school year. /
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 Joint Resolutions were taken up, read the second time, and ordered to a third reading:
S. 775 (Word version) -- Senators Scott and Lourie: A JOINT RESOLUTION TO ESTABLISH THE MULTIPLE SCLEROSIS HEALTHCARE ACCESS STUDY COMMITTEE, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES, AND TO DIRECT THE COMMITTEE TO STUDY THE AVAILABILITY OF HEALTH CARE SERVICES TO MULTIPLE SCLEROSIS PATIENTS IN THIS STATE AND REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BY JANUARY 1, 2009, AT WHICH TIME THE STUDY COMMITTEE IS ABOLISHED.
Rep. HARVIN explained the Joint Resolution.
H. 4630 (Word version) -- Reps. Scott and Hart: A JOINT RESOLUTION TO CREATE A NEW GANG PREVENTION STUDY COMMITTEE TO CONTINUE THE WORK OF THE INITIAL GANG PREVENTION STUDY COMMITTEE TO ASSESS AND COMBAT THE STATE'S ONGOING GANG PROBLEM BY BRINGING TOGETHER STATE AGENCIES TO COORDINATE GANG REDUCTION PLANS AND MAKE FURTHER RECOMMENDATIONS ADDRESSING GANG-RELATED ACTIVITY IN THE STATE.
Rep. HARRISON explained the Joint Resolution.
On motion of Rep. WALKER, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Education and Public Works:
S. 1034 (Word version) -- Senator Courson: A JOINT RESOLUTION TO EXTEND THE DATE BY WHICH THE HIGHER EDUCATION TASK FORCE MUST SUBMIT RECOMMENDATIONS FOR THE HIGHER EDUCATION STATEWIDE STRATEGIC PLAN TO THE GENERAL ASSEMBLY UNTIL SEPTEMBER 15, 2008.
The motion period was dispensed with on motion of Rep. HAGOOD.
The following Bill was taken up:
S. 360 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-52-215 TO DEFINE "RENEWABLE ENERGY RESOURCES" FOR PURPOSES OF THE SOUTH CAROLINA ENERGY EFFICIENCY ACT.
Reps. HAGOOD, LOFTIS, DUNCAN, OTT, ERICKSON and SCARBOROUGH proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\12005AC08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 48-52-210(4) of the 1976 Code is amended to read:
"(4) encourage the development and use of nuclear energy and indigenous, renewable energy resources;"
SECTION 2. Section 48-52-210 of the 1976 Code is amended by adding at the end:
"(12) ensure that any future energy strategy that promotes carbon-free, nongreenhouse gas emitting sources includes nuclear energy and renewable energy resources."
SECTION 3. Article 2, Chapter 52, Title 48 of the 1976 Code is amended by adding:
"Section 48-52-215. For purposes of this chapter, 'renewable energy resources' means solar photovoltaic energy, solar thermal energy, wind power, hydroelectric, geothermal energy, tidal energy, recycling, hydrogen fuel derived from renewable resources, biomass energy, and landfill gas."
SECTION 4. Section 48-52-420 of the 1976 Code is amended by adding at the end:
"(12) ensure that any future energy strategy that promotes carbon-free, nongreenhouse gas emitting sources includes nuclear energy and renewable energy resources."
SECTION 5. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. HAGOOD explained the amendment.
Rep. HAGOOD spoke in favor of the amendment.
Rep. PERRY spoke against the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Anderson Anthony Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Crawford Dantzler Davenport Delleney Duncan Edge Erickson Frye Funderburk Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hiott Hosey Howard Huggins Hutson Jefferson Kelly Kennedy Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mack Mahaffey McLeod Merrill Miller Mitchell Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith F. N. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Talley Taylor Thompson Toole Umphlett Vick Viers Walker Weeks Whipper 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.
Rep. SCARBOROUGH moved that the House recur to the Morning Hour, which was agreed to.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4641 (Word version) -- Rep. Jennings: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE MARLBORO COUNTY DEPARTMENT OF TRANSPORTATION MAINTENANCE AND ENGINEERING OFFICE BUILDING LOCATED ON SOUTH CAROLINA HIGHWAY 38, IN THE CITY OF BENNETTSVILLE, THE "WADE R. CROW MAINTENANCE AND ENGINEERING OFFICE BUILDING", AND PLACE APPROPRIATE MARKERS OR SIGNS AT THIS BUILDING THAT CONTAIN THE WORDS "WADE R. CROW MAINTENANCE AND ENGINEERING OFFICE BUILDING".
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3059 (Word version) -- Reps. M. A. Pitts, Haskins, Umphlett, Mahaffey, Sandifer, Haley and Viers: A BILL TO AMEND SECTION 16-17-725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GIVING FALSE INFORMATION TO A LAW ENFORCEMENT OFFICER OR A MEMBER OF THE FIRE DEPARTMENT OR RESCUE SQUAD, SO AS TO ADD THAT IT IS UNLAWFUL TO GIVE FALSE INFORMATION OR IDENTIFICATION TO A LAW ENFORCEMENT OFFICER FOR THE PURPOSE OF AVOIDING ARREST OR CRIMINAL CHARGES.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3816 (Word version) -- Reps. G. M. Smith, Weeks and G. Brown: A BILL TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM ATTACHMENT, LEVY, AND SALE, SO AS TO INCREASE THE AMOUNT OF DEBTOR'S INTEREST IN CERTAIN DELINEATED PROPERTIES THAT ARE EXEMPT FROM ATTACHMENT, LEVY, AND SALE UNDER ORDER OF A COURT OR AS A RESULT OF A BANKRUPTCY PROCEEDING.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4363 (Word version) -- Reps. Harrison, G. M. Smith, Delleney and Bales: A BILL TO AMEND SECTION 1-23-660, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE DIVISION OF MOTOR VEHICLE HEARINGS WITHIN THE ADMINISTRATIVE LAW COURT, SO AS TO MAKE TECHNICAL CHANGES, DELETE THE PROVISION THAT REQUIRES THE ADMINISTRATIVE LAW COURT TO HIRE AND SUPERVISE A LAW CLERK TO ASSIST THE JUDGES WHO HEAR DEPARTMENT OF MOTOR VEHICLE HEARING APPEALS WITH THE ADMINISTRATION OF THOSE APPEALS, TO PROVIDE THAT IF THE DEPARTMENT OF MOTOR VEHICLES ELECTS TO NOT APPEAR AT CERTAIN HEARINGS, IT WAIVES ITS RIGHT TO APPEAL A FINAL DECISION OF A HEARING OFFICER, TO DELETE THE PROVISION THAT REQUIRES THE DEPARTMENT OF MOTOR VEHICLES TO PROVIDE FACILITIES FOR CERTAIN ADMINISTRATIVE HEARINGS, TO PROVIDE THAT THE STATE ETHICS COMMISSION IS RESPONSIBLE FOR THE ENFORCEMENT AND ADMINISTRATION OF CERTAIN APPELLATE COURT RULES AND FOR THE ISSUANCE OF CERTAIN ADVISORY OPINIONS, TO PROVIDE THAT CERTAIN PERSONS MAY ATTEND CERTAIN JUDICIAL-RELATED OR BAR-RELATED FUNCTIONS, AND TO DELETE THE PROVISION THAT ALLOWS THE CHIEF ADMINISTRATIVE LAW JUDGE TO ADJUDICATE CASES UNDER SECTION 1-23-600; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO THE DEFINITION OF TERMS RELATING TO MOTOR VEHICLES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-1-170, RELATING TO THE ISSUANCE OF RESTRICTED DRIVER'S LICENSE, SO AS TO DELETE THE PROVISION THAT PROVIDES THAT A HOLDER OF A RESTRICTED DRIVER'S LICENSE IS ENTITLED TO A HEARING UPON A SUSPENSION OR REVOCATION OF HIS LICENSE, AND TO PROVIDE THAT A HOLDER OF THE LICENSE MAY REQUEST A HEARING BEFORE THE OFFICE OF MOTOR VEHICLE HEARINGS UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 56-1-820, RELATING TO A DRIVER'S LICENSE HOLDER'S REQUEST FOR A HEARING AFTER HAVING RECEIVED A NOTICE OF SUSPENSION, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-1-1030, AS AMENDED, RELATING TO THE REVOCATION OF THE LICENSE OF A HABITUAL OFFENDER, SO AS TO MAKE TECHNICAL CHANGES, AND TO PROVIDE THAT THE OFFICE OF MOTOR VEHICLE HEARINGS HAS EXCLUSIVE JURISDICTION TO CONDUCT A HABITUAL OFFENDER DRIVER'S LICENSE REVOCATION HEARING; TO AMEND SECTION 56-1-1090, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE TO A HABITUAL OFFENDER, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-5-2942, RELATING TO THE IMMOBILIZATION OF A VEHICLE OWNED BY A PERSON WHO HAS BEEN CONVICTED OF CERTAIN DRIVING OFFENSES, SO AS TO REVISE THE PROCEDURE WHEREBY THE DEPARTMENT OF MOTOR VEHICLES PERMITS OR DENIES THE RELEASE OF AN IMMOBILIZED VEHICLE, AND WHEREBY AN OWNER OF A VEHICLE MAY SEEK RELIEF FROM A DECISION TO HAVE A VEHICLE IMMOBILIZED; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON WHO REFUSES TO SUBMIT TO TESTING TO DETERMINE HIS LEVEL OF ALCOHOL CONCENTRATION, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-5-2952, AS AMENDED, RELATING TO THE FILING FEE TO REQUEST AN ADMINISTRATIVE HEARING, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-9-60, AS AMENDED, RELATING TO SELF-INSURER'S FOR MOTOR VEHICLES, SO AS TO MAKE TECHNICAL CHANGES RELATING TO THE CANCELLATION OF A SELF-INSURER'S STATUS; TO AMEND SECTION 56-9-363, AS AMENDED, RELATING TO CERTAIN FORMS PRESCRIBED BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-10-510, RELATING TO THE REGISTRATION OF AN UNINSURED MOTOR VEHICLE, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-10-530, RELATING TO AN UNINSURED VEHICLE INVOLVED IN CERTAIN ACCIDENTS, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-15-350 AND SECTION 56-16-180, BOTH AS AMENDED, RELATING TO THE DENIAL OF, THE ISSUANCE OF, SUSPENSION, AND REVOCATION OF A DRIVER'S LICENSE, SO AS TO MAKE TECHNICAL CHANGES.
Ordered for consideration tomorrow.
The following was introduced:
H. 4653 (Word version) -- Reps. Scott, Govan, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, 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, 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 AND REMEMBER THE LIFE AND SERVICE OF LANCE CORPORAL JAMES DARRYL HAYNES II, OF THE SOUTH CAROLINA HIGHWAY PATROL, AND TO EXPRESS TO HIS WIDOW AND FAMILY THE APPRECIATION OF THE GRATEFUL CITIZENS OF THIS STATE FOR HIS LIFE, SACRIFICE, AND SERVICE.
The Resolution was adopted.
The following was introduced:
H. 4654 (Word version) -- Reps. Stavrinakis, Whipper, Breeland, R. Brown, Hagood, Harrell, Limehouse, Mack, Merrill, Miller, Scarborough and Young: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF SOUTH CAROLINA HIGHWAYS 7 AND 171 IN CHARLESTON COUNTY THE "BARRETT S. LAWRIMORE MEMORIAL INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "BARRETT S. LAWRIMORE MEMORIAL INTERSECTION".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4655 (Word version) -- Reps. R. Brown, Stavrinakis, Breeland, Hagood, Harrell, Limehouse, Mack, Merrill, Miller, Scarborough, Whipper and Young: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT APPROPRIATE MARKERS OR SIGNS AT THE INTERSECTION OF UNITED STATES HIGHWAY 17 AND SOUTH CAROLINA HIGHWAY 165 IN CHARLESTON COUNTY THAT CONTAIN THE WORDS "CURTIS B. INABINETT, SR. INTERSECTION".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4656 (Word version) -- Reps. Hosey, Breeland, Clyburn and Jefferson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-11-435 SO AS TO PROVIDE THAT IF A GENERAL CONTRACTOR OR SPECIALTY CONTRACTOR LICENSED BY THIS STATE PROVIDES CONSTRUCTION OR OTHER BUILDING SERVICES TO A CLIENT WHICH IS A STATE OR LOCAL GOVERNMENT AGENCY, DEPARTMENT, OR ENTITY, THE CONTRACTOR MUST SEND COPIES OF ALL BILLS OR DRAW REQUESTS TO EACH AGENCY OR DEPARTMENT OCCUPYING OR TO OCCUPY THE BUILDING OR STRUCTURE AS WELL AS TO THE AGENCY OR DEPARTMENT RESPONSIBLE FOR PAYING THE BILL OR DRAW REQUEST IF DIFFERENT FOR THE PURPOSE OF VERIFYING THE WORK PERFORMED.
Referred to Committee on Judiciary
H. 4657 (Word version) -- Reps. Hosey, Brantley, Breeland and Jefferson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-1-195 SO AS TO PROVIDE THAT IF AN EMPLOYEE OF A STATE OR LOCAL GOVERNMENTAL ENTITY OR DEPARTMENT IS CONTACTED BY A MEMBER OF THE GENERAL PUBLIC OR AN EMPLOYEE OF ANOTHER AGENCY OR DEPARTMENT NOT A PART OF THAT ENTITY OR ORGANIZATION FOR THE PURPOSE OF PROVIDING A SERVICE OR PERFORMING A FUNCTION WITHIN THE SCOPE OF HIS PUBLIC EMPLOYMENT, THE EMPLOYEE OR ANY OTHER INDIVIDUAL IN HIS DEPARTMENT PROVIDING THE SERVICE TO OR PERFORMING THE FUNCTION FOR THE BENEFIT OF THE OTHER PERSON OR HIS COMPANY OR EMPLOYEE SHALL PROVIDE HIM UPON REQUEST WITH THE NAME AND PHONE NUMBER OF HIS IMMEDIATE SUPERVISOR IN ORDER TO VERIFY THE TIMELINESS AND QUALITY OF THE SERVICE OR FUNCTION PROVIDED.
Referred to Committee on Judiciary
H. 4658 (Word version) -- Reps. Hosey, Brantley, Breeland, Jefferson and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-30-12 SO AS TO REQUIRE A STATE AGENCY TO COMMUNICATE ITS RESOLUTION OF A COMPLAINT RECEIVED FROM A MEMBER OF THE PUBLIC TO ITS GOVERNING BOARD AND THE MEMBER OF THE PUBLIC WHO MADE THE COMPLAINT, TO REQUIRE THE AGENCY MONTHLY TO PROVIDE STATUS UPDATES OF ITS INVESTIGATION TO ITS GOVERNING BOARD AND THE MEMBER OF THE PUBLIC WHO MADE THE COMPLAINT, AND TO PROVIDE FOR THE DEVELOPMENT OF CERTAIN FORMS A STATE AGENCY MUST USE TO FACILITATE THESE REPORTING REQUIREMENTS, AMONG OTHER THINGS.
Referred to Committee on Judiciary
H. 4659 (Word version) -- Reps. Hosey, Breeland, G. Brown, Clyburn and Jefferson: A BILL TO AMEND SECTION 16-3-1565, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAUSES OF ACTION AGAINST PUBLIC EMPLOYEES OR AGENCIES FOR FAILURE TO PROPERLY NOTIFY VICTIMS, SO AS TO CREATE A FINE WHEN FAILURE TO NOTIFY A VICTIM IS WILFUL AND INTENTIONAL.
Referred to Committee on Judiciary
H. 4660 (Word version) -- Reps. Hosey, Brantley, Breeland, Jefferson and Williams: A BILL TO AMEND SECTION 61-4-520, AS AMENDED, RELATING TO THE REQUIREMENTS FOR APPLICANTS SEEKING A RETAIL PERMIT AUTHORIZING THE SALE OF BEER OR WINE, SO AS TO REQUIRE THAT THE BUILDING OR PREMISES TO BE USED FOR THE SALE OF BEER OR WINE BE INSPECTED AND CERTAIN DOCUMENTS BE ON FILE WITH THE DEPARTMENT OF REVENUE, INCLUDING THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY AND A FIRE INSPECTION REPORT, BEFORE THE DEPARTMENT OF REVENUE MAY ISSUE OR RENEW A RETAIL BEER OR WINE PERMIT.
Referred to Committee on Judiciary
H. 4661 (Word version) -- Reps. Funderburk, McLeod and Hardwick: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF COMMERCE, DIVISION OF PUBLIC RAILWAYS, TO IMPLEMENT AND OVERSEE A STATEWIDE RAIL PLAN, ON OR BEFORE MARCH 31, 2009, IN ACCORDANCE WITH EXISTING FEDERAL STATUTES, RULES, AND GUIDELINES.
Referred to Committee on Labor, Commerce and Industry
H. 4662 (Word version) -- Reps. Walker, Harrell, Whitmire, Clemmons, Toole, Gullick, Spires, Hiott, Bannister, J. R. Smith, Loftis, Ballentine, Pinson, Cotty, Brady, Bedingfield, Hardwick, Edge, Herbkersman, Lowe, Crawford, Limehouse, Hamilton, G. R. Smith, Harrison, Duncan, Bowen, Huggins, Mahaffey, Erickson, Leach, Owens, Frye, Rice, Hutson, Bingham, Haskins, Littlejohn, Cato, Chalk, Clyburn, Cooper, Dantzler, Davenport, Delleney, Gambrell, Kelly, Lucas, Merrill, Moss, Neilson, E. H. Pitts, Sandifer, Scarborough, Shoopman, Skelton, D. C. Smith, G. M. Smith, W. D. Smith, Talley, Taylor, Thompson, Umphlett, Viers, White, Witherspoon and Young: A BILL TO AMEND CHAPTER 18, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION ACCOUNTABILITY ACT, SO AS TO REVISE THE MANNER IN WHICH SCHOOLS ARE ASSESSED AND ACCREDITED, TO PROVIDE FOR DESIGNATION TO SIGNIFY VARYING LEVELS OF SCHOOL ACADEMIC PERFORMANCE, AND TO REVISE AND FURTHER PROVIDE FOR OTHER RELATED PROVISIONS REGARDING EDUCATION ACCOUNTABILITY.
Referred to Committee on Education and Public Works
The following Bill was taken up:
S. 453 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "FINANCIAL IDENTITY FRAUD AND IDENTITY THEFT PROTECTION ACT", BY ADDING CHAPTER 20 TO TITLE 37 PROVIDING FOR PROTECTIONS IN CONNECTION WITH CONSUMER CREDIT-REPORTING AGENCIES AND WITH THE USE AND COMMUNICATION OF A CONSUMER'S SOCIAL SECURITY NUMBER, IMPOSITION OF A SECURITY FREEZE ON A CONSUMER'S CREDIT REPORT, PRESCRIPTION OF MEASURES FOR DISPOSAL OF PERSONAL IDENTIFYING INFORMATION AND DISCLOSURE OF UNAUTHORIZED ACCESS TO PERSONAL IDENTIFYING INFORMATION, AND CIVIL DAMAGES, INCLUDING ATTORNEY'S FEES AND COSTS AND INJUNCTIVE RELIEF; BY REDESIGNATING THE FAMILY PRIVACY PROTECTION ACT OF CHAPTER 2, TITLE 30, AS ARTICLE 1 AND BY ADDING ARTICLE 3 PROVIDING FOR PROTECTION OF PERSONAL IDENTIFYING INFORMATION PRIVACY IN CONNECTION WITH A PUBLIC BODY AND ITS USE AND COMMUNICATION OF A RESIDENT'S SOCIAL SECURITY NUMBER, PRESCRIPTION FOR DISCLOSURE OF SOCIAL SECURITY INFORMATION AND IDENTIFYING INFORMATION BY AND TO CERTAIN PUBLIC BODIES, PROHIBITION OF REQUIRING THE USE OF PERSONAL IDENTIFYING INFORMATION ON A MORTGAGE AND IN PREPARATION OF DOCUMENTS FOR PUBLIC FILING, AND PROCEDURE FOR REDACTING CERTAIN PERSONAL IDENTIFYING INFORMATION FROM PUBLIC RECORDS; BY ADDING SECTION 1-11-490 SO AS TO PROVIDE FOR DISCLOSURE BY AN AGENCY OF THIS STATE OF UNAUTHORIZED ACCESS TO OR ACQUISITION OF THE PERSONAL IDENTIFYING INFORMATION OF A RESIDENT WHOSE INFORMATION THE AGENCY OWNS OR LICENSES AND TO PROVIDE FOR CIVIL DAMAGES, ATTORNEY'S FEES, AND INJUNCTIVE RELIEF; BY ADDING SECTION 16-11-725 SO AS TO MAKE IT UNLAWFUL TO USE ANOTHER PERSON'S HOUSEHOLD GARBAGE FOR THE PURPOSE OF COMMITTING FINANCIAL OR IDENTITY FRAUD; BY ADDING SECTION 16-13-512 SO AS TO REGULATE THE USE OF A CARDHOLDER'S SOCIAL SECURITY NUMBER ON A CREDIT OR DEBIT CARD RECEIPT; BY ADDING SECTION 39-1-90 SO AS TO PROVIDE FOR DISCLOSURE BY A PERSON CONDUCTING BUSINESS IN THIS STATE OF UNAUTHORIZED ACCESS TO OR ACQUISITION OF THE PERSONAL IDENTIFYING INFORMATION OF A RESIDENT WHOSE INFORMATION THE PERSON OWNS OF LICENSES AND TO PROVIDE FOR CIVIL DAMAGES, ATTORNEY'S FEES, AND INJUNCTIVE RELIEF; BY AMENDING SECTION 16-13-510, AS AMENDED, RELATING TO THE OFFENSE OF FINANCIAL IDENTITY FRAUD, SO AS TO ADD THE ELEMENTS OF WILFULNESS AND KNOWLEDGE AND TO INCLUDE THE OFFENSE OF IDENTITY FRAUD AS THE USE OF ANOTHER'S INFORMATION TO AVOID LEGAL CONSEQUENCES OR TO OBTAIN EMPLOYMENT AND TO FURTHER DEFINE "IDENTIFYING INFORMATION"; AND TO REPEAL SECTION 16-13-515, RELATING TO IDENTITY FRAUD; AND TO PROVIDE VARIOUS EFFECTIVE DATES.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\19066MM08), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. This act may be cited as the "Financial Identity Fraud and Identity Theft Protection Act".
SECTION 2. Title 37 of the 1976 Code is amended by adding:
Section 37-20-110. For purposes of this chapter:
(1) 'Consumer' means an individual residing in the State of South Carolina who undertakes a transaction for personal, family, or household purposes.
(2) 'Consumer credit-reporting agency' or 'consumer reporting agency' means a person that, for monetary fees or dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information about consumers for the purpose of furnishing consumer reports to third parties.
(3) 'Consumer report' or 'credit report' means any written, oral, electronic, or
other communication of information by a consumer credit-reporting agency regarding a consumer's creditworthiness, credit standing, credit capacity, character, debts, general reputation, personal characteristics, or mode of living that is used or expected to be used or collected in whole or in part for the purpose of establishing a consumer's eligibility for any of the following:
(a) credit or insurance to be used primarily for personal, family, or household purposes;
(b) employment purposes, meaning the use of a consumer report for the purpose of evaluating a consumer for employment, promotion, reassignment, or retention as an employee;
(c) any other purpose authorized pursuant to 15 U.S.C. Section 168lb.
'Consumer report' or 'credit report' does not include a report containing information as to a transaction between the consumer and the person making the report; an authorization or approval by the issuer of a credit card or similar device, directly or indirectly, of a specific extension of credit; a communication of information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among those persons and the consumer has the opportunity, to direct that the information not be communicated among them, or a report in which a person conveys an adverse decision in response to a request from a third party to make a specific extension of credit, directly or indirectly, to the consumer, if the third party advises the consumer of the name and address of the person to whom the request was made and the person makes the required disclosures to the consumer pursuant to the provisions of the federal 'Fair Credit Reporting Act'.
(4) 'Credit card' has the same meaning as in Section 103 of the Truth in Lending Act, 15 U.S.C. Section 160 and includes a lender credit card, as defined in Section 37-1-301(16) and a seller credit card, as defined in Section 37-1-301(26).
(5) 'Creditworthiness' means an entry in a consumer's credit file that affects the ability of a consumer to obtain and retain credit, employment, business or professional licenses, investment opportunities, or insurance. Entries affecting creditworthiness include, but are not limited to, payment information, defaults, judgments, liens, bankruptcies, collections, records of arrest and indictments, and multiple credit inquiries.
(6) 'Debit card' means a card or device issued by a financial institution to a consumer for use in initiating an electronic fund transfer from the account holding assets of the consumer at that financial institution, for the purpose of transferring money between accounts or obtaining money, property, labor, or services.
(7) 'Disposal' means the:
(a) discarding or abandonment of records containing personal identifying information; or
(b) sale, donation, discarding, or transfer of any medium, including computer equipment or computer media, containing records of personal identifying information, other nonpaper media upon which records of personal identifying information are stored, or other equipment for nonpaper storage of information.
(8) 'File' means all information on a consumer that is recorded and retained by a consumer credit-reporting agency, regardless of how the information is stored.
(9) 'Financial identity fraud' and 'identity fraud' are as defined in Section 16-13-510 and include the term 'identity theft'.
(10) 'Person' means a natural person, an individual, or an organization as defined in Section 37-1-301(20).
(11)(a) For purposes of this chapter, 'personal identifying information' means personal identifying information as defined in Section 16-13-510(D).
(b) 'Personal identifying information' does not mean information about vehicular accidents, driving violations, and driver's status.
(12) 'Proper identification' means information generally considered sufficient to identify a person. If a person is reasonably unable to identify himself or herself with the information described in item (11), a consumer reporting agency may require additional information concerning the consumer's employment and personal or family history in order to verify the consumer's identity.
(13) 'Publicly post' or 'publicly display' means to exhibit in a place of public view.
(14) 'Records' means material on which written, drawn, spoken, visual, or electromagnetic information is recorded or preserved, regardless of physical form or characteristics.
(15) 'Security breach' means an incident of unauthorized access to, and acquisition of, records or data containing personal identifying information that compromises the security, confidentiality, or integrity of personal identifying information maintained by a person when illegal use of the information has occurred or is reasonably likely to occur or use of the information creates a material risk of harm to the consumer. Good faith acquisition of personal identifying information by an employee or agent of the person for a legitimate purpose is not a security breach, if the personal identifying information is not used for a purpose other than a lawful purpose of the person and is not subject to further unauthorized disclosure.
(16) 'Security freeze' means a notice placed in a consumer credit report, at the request of the consumer and subject to certain exceptions, that prohibits the consumer credit-reporting agency from releasing a credit report containing all or any part of the consumer's credit report or any information derived from it without the express authorization of the consumer.
Section 37-20-120. (A) A consumer credit reporting agency must give notice to each creditor who uses a consumer report if the agency becomes aware that an application to a card issuer to open a new seller or lender credit card account bears an address for the consumer that is different from the address in its file of the consumer.
(B) A seller or lender credit card issuer that mails an offer or solicitation to receive a credit card and, in response, receives a completed application for a seller or lender credit card listing an address that is substantially different from the address on the offer or solicitation shall verify the change of address by contacting the person to whom the solicitation or offer was mailed, or by using other reasonable means of verifying the account holder's identity.
(C) When a seller or lender credit card issuer receives a written or oral request for a change of the cardholder's billing address and within a period not to exceed thirty days after the requested address change receives a written or oral request for an additional credit card, the credit card issuer may not mail the requested additional credit card to the new address or activate the requested additional credit card unless the issuer has verified the change of address.
(D) This section does not apply to a person that sends or receives address discrepancy notices in compliance with 15 U.S.C. 1681c(h) or regulations promulgated pursuant to it.
Section 37-20-130. A person who learns or reasonably suspects that he is the victim of identity theft may initiate a law enforcement investigation by reporting to a local law enforcement agency that has jurisdiction over his actual legal residence. The law enforcement agency shall take the report, provide the complainant with a copy of the report, and begin an investigation or refer the matter to the law enforcement agency where the crime was committed for an investigation.
Section 37-20-140. (A) If a person is convicted of unlawfully obtaining the personal identifying information of another person without the other person's authorization and using that information to commit a crime, the court records must reflect that the person whose identity was falsely used to commit the crime did not commit the crime.
(B) A person who reasonably believes that he is the victim of identity theft may petition the circuit court or have the County Office of Victims' Assistance petition the circuit court on his behalf, for an expedited judicial determination of his factual innocence, if the identity thief was arrested for and convicted of a crime under the victim's identity, or if the victim's identity has been mistakenly associated with a record of criminal conviction. A judicial determination of factual innocence made pursuant to this section may be heard and determined upon declarations, affidavits, police reports, or other material, relevant, and reliable information submitted by the parties. If the court determines that the petition is meritorious and that there is no reasonable cause to believe that the petitioner committed the offense for which the identity thief was arrested and convicted, the court shall find the petitioner factually innocent of that offense and issue an order certifying the determination and ordering the expunction of the erroneous conviction.
(C) A court may at any time vacate the determination of factual innocence if information submitted in support of the petition is found to contain material misrepresentation or fraud.
Section 37-20-150. (A) The State Law Enforcement Division shall establish and maintain appropriate records of individuals who have been the victims of identity theft. The records will be maintained in a computerized database at such time that funds are appropriated to the State Law Enforcement Division. Access to the records is limited to criminal justice agencies, except that a victim of identity theft, or his authorized representative, shall have access to the records in order to establish that he is a victim of identity theft.
(B) A victim of identity theft must submit to the State Law Enforcement Division a copy of the police report, a full set of fingerprints, or other relevant information required by the State Law Enforcement Division for the inclusion in the records of identity theft victims. The State Law Enforcement Division shall verify the identity of the victim against a driver's license or other identification records maintained by the Department of Motor Vehicles or by other agencies.
Section 37-20-160. (A) On written request sent by certified mail or electronic mail that includes proper identification provided by a consumer, the consumer's attorney-in-fact, or the consumer's legal guardian, if the consumer has not been a victim of identity theft or if the consumer has reason to believe that he is the victim of financial identity fraud, as evidenced by a copy of a valid police report, investigative report, or complaint made pursuant to Section 16-13-510, a consumer reporting agency shall place a security freeze on the consumer's consumer file not later than the fifth business day after the date the agency receives the request.
(B) On written request for a security freeze from a consumer pursuant to subsection (A), a consumer reporting agency shall disclose to the consumer the process of placing, removing, and temporarily lifting a security freeze and the process for allowing access to information from the consumer's consumer file for a specific requester or period while the security freeze is in effect.
(C) A consumer reporting agency, not later than the tenth business day after the date the agency receives the request for a security freeze shall:
(1) send a written confirmation of the security freeze to the consumer; and
(2) provide the consumer with a unique personal identification number or password to be used by the consumer to authorize a removal or temporary lifting of the security freeze.
(D) A consumer may request in writing a replacement personal identification number or password. The request must comply with the requirements for requesting a security freeze pursuant to subsection (A). The consumer reporting agency, not later than the third business day after the date the agency receives the request for a replacement personal identification number or password, shall provide the consumer with a new unique personal identification number or password to be used by the consumer instead of the number or password that was provided earlier.
(E) If a security freeze is in place, a consumer reporting agency shall notify the consumer in writing of a change in the consumer file to the consumer's name, date of birth, social security number, or address not later than thirty calendar days after the date the change is made. The agency shall send notification of a change of address to the new address and former address. This section does not require notice of an immaterial change, including a street abbreviation change or correction of a transposition of letters or misspelling of a word.
(F) A consumer reporting agency shall notify a person who requests a consumer report if a security freeze is in effect for the consumer file involved in that report and the consumer report may not be released without express authorization by the consumer.
(G)(1) On a request electronically, in writing, or by telephone and with proper identification provided by a consumer, including the consumer's personal identification number or password provided pursuant to subsection (C)(2), a consumer reporting agency shall remove a security freeze not later than the third business day after the date the agency receives the request at a point designated by the agency to receive the request.
(2)(a) On a request electronically or by telephone and with proper identification provided by a consumer, including the consumer's personal identification number or password provided pursuant to subsection (C)(2), a consumer reporting agency, within fifteen minutes of receiving the request, shall lift the security freeze temporarily for:
(i) a certain properly designated period; or
(ii) a certain properly identified requester.
(b) It is not a violation of this item if the consumer reporting agency is prevented from timely lifting the freeze by an act of God, a fire, a storm, an earthquake, an accident, or other event beyond the agency's control.
(H) A consumer reporting agency may develop procedures involving the use of a telephone, a facsimile machine, the Internet, or another electronic medium to receive and process a request from a consumer pursuant to this section.
(I) A consumer reporting agency shall remove a security freeze placed on a consumer file if the security freeze was placed due to a material misrepresentation of fact by the consumer. The consumer reporting agency shall notify the consumer in writing before removing the security freeze pursuant to this subsection.
(J) A consumer reporting agency may not charge a fee for a freeze, removal of a freeze, temporary lifting of a freeze, or reinstatement of a freeze.
(K) A security freeze does not apply to the use of a consumer report provided to:
(1) a state or local governmental entity, including a law enforcement agency or court or private collection agency, if the entity, agency, or court is acting pursuant to a court order, warrant, subpoena, or administrative subpoena;
(2) a child support agency acting to investigate or collect child support payments or acting pursuant to Title IV-D of the Social Security Act (42 U.S.C. Section 651 et seq.);
(3) the Department of Social Services acting to investigate fraud;
(4) the Department of Revenue acting to administer state tax laws;
(5) a local official authorized to investigate or collect delinquent amounts owed to a public entity;
(6) a person for the purposes of prescreening as provided by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.), as amended;
(7) a person with whom the consumer has an account or contract or to whom the consumer has issued a negotiable instrument, or the person's subsidiary, affiliate, agent, assignee, prospective assignee, subcontractor, or private collection agency, for purposes related to that account, contract, or instrument;
(8) a subsidiary, affiliate, agent, assignee, or prospective assignee of a person to whom access has been granted pursuant to subsection (G)(2);
(9) a person who administers a credit file monitoring subscription service to which the consumer has subscribed;
(10) a person for the purpose of providing a consumer with a copy of the consumer's report on the consumer's request;
(11) a depository financial institution for checking, savings, and investment accounts;
(12) an insurance company for the purpose of conducting its ordinary business; or
(13) a consumer reporting agency that:
(a) acts only to resell credit information by assembling and merging information contained in a database of another consumer reporting agency or multiple consumer reporting agencies; and
(b) does not maintain a permanent database of credit information from which new consumer reports are produced.
(L) The requirement of this section to place a security freeze on a consumer file does not apply to:
(1) a check service or fraud prevention service company that issues consumer reports:
(a) to prevent or investigate fraud; or
(b) for purposes of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payment;
(2) a deposit account information service company that issues consumer reports related to account closures caused by fraud, substantial overdrafts, automated teller machine abuses, or similar negative information regarding a consumer to an inquiring financial institution for use by the financial institution only in reviewing a consumer request for a deposit account with that institution; or
(3) a consumer reporting agency's database or file that consists of information concerning, and used for, one or more of the following, but not for credit granting purposes:
(a) criminal record information;
(b) fraud prevention or detection;
(c) personal loss history information; and
(d) employment, tenant, or individual background screening.
(M) A consumer reporting agency shall honor a security freeze placed on a consumer file by another consumer reporting agency.
(N) If a third party requests access to a consumer report on which a security freeze is in effect, this request is in connection with an application for credit or another use, and the consumer does not allow his credit report to be accessed, the third party may treat the application as incomplete. The presence of a security freeze on the file of a consumer must not be considered an adverse factor in the consumer's creditworthiness, credit standing, or credit capacity.
(O) The provisions of this section are cumulative, and an action taken pursuant to this section is not an election to take that action to the exclusion of other action authorized by law.
Section 37-20-170. (A) A consumer credit-reporting agency must remove information from a credit report when it receives a written or oral notification that includes proper identification provided by a consumer, the consumer's attorney-in-fact, or the consumer's legal guardian that erroneous information is contained in the report and shall not place that information on the credit report until it can demonstrate that is has sufficient proof that determines the information is true and accurate information of the consumer.
(B) In addition to all other penalties that may be imposed, a consumer credit-reporting agency or other person that violates a provision of this chapter is liable for three times the amount of actual damages or five thousand dollars for each incident, whichever is greater, as well as reasonable attorney's fees and costs.
(C) In addition to all other penalties that may be imposed, a consumer credit-reporting agency or other person that negligently violates this chapter is liable for the greater of actual damages or three thousand dollars for each incident, as well as reasonable attorney's fees and costs.
(D) In addition to the damages assessed pursuant to subsections (B) and (C), if the injury is to the consumer's creditworthiness, credit standing, credit capacity, character, general reputation, employment options, or eligibility for insurance, and results from the failure to take inaccurate information off of a credit report provided for in subsection (A) and the failure is not corrected by the consumer credit-reporting agency within ten days after the entry of a judgment for damages, the assessed damages must be increased to one thousand dollars each day until the security freeze is imposed.
(E) A consumer seeking damages pursuant to this section also may institute a civil action to enjoin and restrain future acts constituting a violation of this chapter.
(F) The remedial provisions of this chapter are cumulative of and in addition to any other action at law and any action taken by the Department of Consumer Affairs pursuant to Chapter 6 of this title.
(G) This section is not intended, and must not be construed, to confer liability on a person who acts reasonably and who does not act wilfully or negligent.
Section 37-20-180. (A) Except as provided in subsection (B) of this section, a person may not:
(1) publicly post or publicly display or otherwise intentionally communicate or make available to the general public a consumer's social security number or a portion of it containing six digits or more;
(2) intentionally print or imbed a consumer's social security number or any portion of it containing six digits or more on any card required for the consumer to access products or services provided by the person;
(3) require a consumer to transmit his social security number or a portion of it containing six digits or more over the Internet, unless the connection is secure or the social security number is encrypted;
(4) require a consumer to use his social security number or a portion of it containing six digits or more to access an Internet web site, unless a password or unique personal identification number or other authentication device is also required to access the Internet web site;
(5) print a consumer's social security number or a portion of it containing six digits or more on materials that are mailed to the individual, unless state or federal law requires the social security number to be on the document to be mailed;
(6) sell, lease, loan, trade, rent, or otherwise intentionally disclose a consumer's social security number or a portion of it containing six digits or more to a third party without written consent to the disclosure from the consumer, unless the third party seeking disclosure of the social security number does so for a legitimate business or government purpose or unless authorized or specifically permitted by law to do so or unless the disclosure is otherwise imperative for the performance of the person's duties and responsibilities as prescribed by law. A legitimate business purpose of the third party includes, but is not limited to, locating an individual to provide a benefit to that individual, such as a pension, insurance, or unclaimed property benefit, or to find an individual who is missing or a lost relative, or to serve civil process. A legitimate purpose of the third party does not include the bulk purchase or rental of social security numbers or use in marketing.
(B) This section does not apply:
(1) if a social security number is included in an application or in documents related to an enrollment process, or to establish, amend, or terminate an account, contract, or policy, or to confirm the accuracy of the social security number for the purpose of obtaining a credit report pursuant to the federal Fair Credit Reporting Act. A social security number that is permitted to be mailed pursuant to this section may not be printed, in whole or in part, on a postcard or other mailer not requiring an envelope or may not be visible on or through the envelope;
(2) to the collection, use, or release of a social security number for internal verification or administrative purposes;
(3) to the opening of an account or the provision of or payment for a product or service authorized by a consumer;
(4) to the collection, use, or release of a social security number to investigate or prevent fraud, conduct background checks, conduct social or scientific research, collect a debt, including a debt collected pursuant to the Setoff Debt Collection Act, Section 12-56-10, and the Governmental Enterprise Accounts Receivable Collections program, Section 12-4-580, or obtain a credit report from or furnish data to a consumer reporting agency, pursuant to the federal Fair Credit Reporting Act or to undertake a purpose permissible pursuant to the Gramm-Leach-Bliley Act or Driver's Privacy Protection Act;
(5) to a person acting pursuant to a court order, warrant, subpoena, or other legal process;
(6) to a person providing the social security number to a federal, state, or local government entity, including a law enforcement agency or court, or their agents or assigns;
(7) to a financial institution as defined in the Gramm-Leach-Bliley Act;
(8) to the submission and use of a social security number or other personal identifying information as part of the maintenance and reporting of employment records, employment verification, or in the course of the administration or provision of employee benefits programs, claims, and procedures related to employment including, but not limited to, termination from employment, retirement from employment, injuries suffered during the course of employment, and other such claims, benefits, and procedures;
(9) to a recorded document in the official records of a county;
(10) to a document filed in the official records of the court.
Section 37-20-190. (A) When a business disposes of a business record that contains personal identifying information of a customer of a business, the business shall modify, by shredding, erasing, or other means, the personal identifying information to make it unreadable or undecipherable.
(B) A business is considered to comply with subsection (A) if it contracts with a person engaged in the business of disposing of records for the modification of personal identifying information on behalf of the business in accordance with subsection (A).
Section 37-20-200. (A) In addition to all other penalties that may be imposed, a consumer credit-reporting agency or other person that wilfully violates a provision of this chapter is liable for three times the amount of actual damages or not more than one thousand dollars for each incident, whichever is greater, as well as reasonable attorney's fees and costs.
(B) In addition to all other penalties that may be imposed, a consumer credit-reporting agency or other person that negligently violates this chapter is liable for the greater of actual damages or not more than one thousand dollars for each incident, as well as reasonable attorney's fees and costs.
(C) In addition to the damages assessed pursuant to subsections (A) and (B), if the injury is to the consumer's creditworthiness, credit standing, credit capacity, character, general reputation, employment options, or eligibility for insurance, and results from the failure to place and enforce the security freeze provided for in Section 37-2-160 and the failure is not corrected by the consumer credit-reporting agency within ten days after the entry of a judgment for damages, the assessed damages must be increased to not more than one thousand dollars each day until the security freeze is imposed.
(D) A consumer seeking damages pursuant to this section also may institute a civil action to enjoin and restrain future acts constituting a violation of this chapter.
(E) The remedial provisions of this chapter are cumulative of and in addition to any other action at law and any action taken by the Department of Consumer Affairs pursuant to Chapter 6 of this title.
(F) This section is not intended, and must not be construed, to confer liability on a person who acts reasonably and who does not act wilfully or grossly negligent."
SECTION 3.A. The Family Privacy Protection Act, Sections 30-2-10 through 30-2-50, is redesignated as Article 1, Chapter 2, Title 30.
B. Chapter 2 of Title 30 of the 1976 Code is amended by adding:
Section 30-2-300. The General Assembly finds:
(1) The social security number can be used as a tool to perpetuate fraud against an individual and to acquire sensitive personal, financial, medical, and familial information, the release of which could cause great financial or personal harm to the individual. While the social security number was intended to be used solely for the administration of the federal Social Security System, over time this unique numeric identifier has been used extensively for identity verification purposes and other legitimate consensual purposes.
(2) Although there are legitimate reasons for state and local government entities to collect social security numbers and other personal identifying information from individuals, government entities should collect the information only for legitimate purposes or when required by law. An entity that provides employee benefits has a legitimate need to collect and use social security numbers and personal identifying information as part of its administration and provision of employee benefits programs.
(3) When state and local government entities possess social security numbers or other personal identifying information, the governments should minimize the instances this information is disseminated either internally within government or externally with the general public.
Section 30-2-310. (A)(1) Except as provided in Sections 30-2-320 and 30-2-330 of this article, a public body, as defined in Section 30-1-10(B), may not:
(a) collect a social security number or any portion of it containing six digits or more from an individual unless authorized by law to do so or unless the collection of the social security number is otherwise imperative for the performance of that body's duties and responsibilities as prescribed by law. Social security numbers collected by a public body must be relevant to the purpose for which collected and must not be collected until and unless the need for social security numbers has been clearly documented;
(b) fail, when collecting a social security number or portion of it containing six digits or more from an individual, to segregate that number on a separate page from the rest of the record, or as otherwise appropriate, so that the social security number may be easily redacted pursuant to a public records request;
(c) fail, when collecting a social security number or any portion of it containing six digits or more from an individual, to provide, at the time of or before the actual collection of the social security number by that public body, upon request of the individual, a statement of the purpose or purposes for which the social security number is being collected and used;
(d) use the social security number or a portion of it containing six digits or more for any purpose other than the purpose stated;
(e) intentionally communicate or otherwise make available to the general public an individual's social security number or a portion of it containing six digits or more or other personal identifying information. 'Personal identifying information', as used in this section, has the same meaning as 'personal identifying information' in Section 16-13-510, except that it does not include electronic identification names, including electronic mail addresses, or parent's legal surname before marriage;
(f) intentionally print or imbed an individual's social security number or a portion of it containing six digits or more on any card required for the individual to access government services;
(g) require an individual to transmit the individual's social security number or a portion of it containing six digits or more over the Internet, unless the connection is secure or the social security number is encrypted;
(h) require an individual to use the individual's social security number or a portion of it containing six digits or more to access an Internet web site, unless a password or unique personal identification number or other authentication device is also required to access the Internet web site; or
(i) print an individual's social security number or a portion of it containing six digits or more on materials that are mailed to the individual, unless state or federal law requires the social security number be on the mailed document.
(2) An entity that collects and uses social security numbers or other personal identifying information as part of the maintenance and reporting of employment records or the administration or provision of employee benefits programs is exempt from the prohibitions in this subsection.
(B) Before a public body, as defined in Section 30-1-10(B), may transfer or dispose of information technology hardware or storage media owned or leased by it, all personal and confidential information must be removed and the hardware and storage media must be sanitized in accordance with standards and policies adopted by the Budget and Control Board, Division of the State Chief Information Officer. The director or appropriate information technology manager of the public body owning or leasing the information technology hardware or storage media shall verify that all personal and confidential information is removed and the information technology hardware and storage media is sanitized in accordance with those standards and policies before the transfer or disposal occurs.
Section 30-2-320. Social security numbers and identifying information may be disclosed:
(1) to another governmental entity or its agents, employees, or contractors, if disclosure is necessary for the receiving entity to perform its duties and responsibilities, including a debt collected pursuant to the Setoff Debt Collection Act, Section 12-56-10, and the Governmental Enterprise Accounts Receivable Collections program, Section 12-4-580. The receiving governmental entity and its agents, employees, and contractors shall maintain the confidential and exempt status of those numbers;
(2) pursuant to a court order, warrant, or subpoena;
(3) for public health purposes;
(4) on certified copies of vital records issued by the Director of the Department of Health and Environmental Control as the State Registrar, pursuant to Section 44-63-30 and authorized officials pursuant to Section 44-63-40. The State Registrar may disclose personal identifying information other than social security number on an uncertified vital record;
(5) on a recorded document in the official records of the county;
(6) on a document filed in the official records of the courts;
(7) to an employer for employment verification or in the course of administration or provision of employee benefit programs, claims, and procedures related to employment including, but not limited to, termination from employment, retirement from employment, injuries suffered during the course of employment, and other such claims, benefits, and procedures.
Section 30-2-330. (A) A person preparing or filing a document to be recorded or filed in the official records by the register of deeds or the clerk of court of a county may not include an individual's social security, driver's license, state identification, passport, checking account, savings account, credit card, or debit card number, or personal identification (PIN) code, or passwords in that document, unless otherwise expressly required by law or court order or rule adopted by the State Registrar on records of vital events. A loan closing instruction that requires the inclusion of an individual's social security number on a document to be recorded is void. A person who violates this subsection is guilty of a misdemeanor, punishable by a fine not to exceed five hundred dollars for each violation.
(B) Notwithstanding Section 30-1-30, or another provision of law, an individual or his attorney-in-fact or legal guardian may request that a register of deeds or clerk of court remove, from an image or copy of an official record placed on a publicly available Internet web site or a publicly available Internet web site used by a register of deeds or court to display public records by the register of deeds or clerk of court, the individual's social security, driver's license, state identification, passport, checking account, savings account, credit card, or debit card number, or personal identification (PIN) code, or passwords contained in that official record. The request must be made in writing, legibly signed by the requester, and delivered by mail, facsimile, or electronic transmission, or delivered in person to the register of deeds or clerk of court. The request must specify the identification page number that contains the social security, driver's license, state identification, passport, checking account, savings account, credit card, or debit card number, or personal identification (PIN) code, or passwords to be redacted. The register of deeds or clerk of court has no duty to inquire beyond the written request to verify the identity of an individual requesting redaction. A fee must not be charged for the redaction pursuant to the request.
(C) A register of deeds or clerk of court immediately and conspicuously shall post signs throughout his offices for public viewing and a notice on any Internet web site or remote electronic site made available by the register of deeds or clerk of court and used for the ordering or display of official records or images or copies of official records a notice, stating, in substantially similar form, the following:
'A person preparing or filing a document for recordation or filing in the official records may not include a social security, driver's license, state identification, passport, checking account, savings account, credit card, or debit card number, or personal identification (PIN) code, or passwords in the document, unless expressly required by law. An individual has a right to request a register of deeds or clerk of court to remove, from an image or copy of an official record placed on a publicly available Internet web site or on a publicly available Internet web site used by a register of deeds or clerk of court to display public records, any social security, driver's license, state identification, passport, checking account, savings account, credit card, or debit card number, or personal identification (PIN) code, or passwords contained in an official record. The request must be made in writing and delivered by mail, facsimile, or electronic transmission or in person, to the register of deeds or clerk of court. The request must specify the identification page number that contains the social security, driver's license, state identification, passport, checking account, savings account, credit card, debit card number, or personal identification (PIN) code, or passwords to be redacted. There is no fee for the redaction pursuant to request.'
Section 30-2-340. Any affected individual may petition the court for an order directing compliance with this section. Liability may not accrue to a register of deeds or clerk of court or to his agents for claims or damages that arise from a social security number or other identifying information on the public record."
SECTION 4. Article 1, Chapter 1 of Title 11 of the 1976 Code is amended by adding:
"Section 1-11-490. (A) An agency of this State owning or licensing computerized data that includes personal identifying information shall disclose a breach of the security of the system following discovery or notification of the breach in the security of the data to a resident of this State whose unencrypted and unredacted personal identifying information was, or is reasonably believed to have been, acquired by an unauthorized person when the illegal use of the information has occurred or is reasonably likely to occur or use of the information creates a material risk of harm to the resident. The disclosure must be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subsection (C), or with measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
(B) An agency maintaining computerized data that includes personal identifying information that the agency does not own shall notify the owner or licensee of the information of a breach of the security of the data immediately following discovery, if the personal identifying information was, or is reasonably believed to have been, acquired by an unauthorized person.
(C) The notification required by this section may be delayed if a law enforcement agency determines that the notification impedes a criminal investigation. The notification required by this section must be made after the law enforcement agency determines that it no longer compromises the investigation.
(D) For purposes of this section:
(1) 'Agency' means any agency, department, board, commission, committee, or institution of higher learning of the State or a political subdivision of it.
(2) 'Breach of the security of the system' means unauthorized access to, and acquisition of, unencrypted or unredacted computerized data that compromises the security, confidentiality, or integrity of personal identifying information maintained by the agency, when illegal use of the information has occurred or is reasonably likely to occur or use of the information creates a material risk of harm to the consumer. Good faith acquisition of personal identifying information by an employee or agent of the agency for the purposes of the agency is not a breach of the security of the system if the personal identifying information is not used or subject to further unauthorized disclosure.
(3) 'Personal identifying information' has the same meaning as 'personal identifying information' in Section 16-13-510(D).
(E) The notice required by this section may be provided by:
(1) written notice;
(2) electronic notice, if the person's primary method of communication with the individual is by electronic means or is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 U.S.C. and Chapter 6 of Title 26 of the 1976 Code;
(3) telephonic notice; or
(4) substitute notice, if the agency demonstrates that the cost of providing notice exceeds two hundred fifty thousand dollars or that the affected class of subject persons to be notified exceeds five hundred thousand or the agency has insufficient contact information. Substitute notice consists of:
(a) e-mail notice when the agency has an e-mail address for the subject persons;
(b) conspicuous posting of the notice on the agency's web site page, if the agency maintains one;
(c) notification to major statewide media.
(F) Notwithstanding subsection (E), an agency that maintains its own notification procedures as part of an information security policy for the treatment of personal identifying information and is otherwise consistent with the timing requirements of this section is considered to be in compliance with the notification requirements of this section if it notifies subject persons in accordance with its policies in the event of a breach of security of the system.
(G) A resident of this State who is injured by a violation of this section, in addition to and cumulative of all other rights and remedies available at law, may:
(1) institute a civil action to recover damages;
(2) seek an injunction to enforce compliance;
(3) recover attorney's fees and court costs, if successful.
(H) An agency that violates this section is subject to an administrative fine up to one thousand dollars for each resident whose information was accessible by reason of the breach, the amount to be decided by the department.
(I) If the agency provides notice to more than one thousand persons at one time pursuant to this section, the business shall notify, without unreasonable delay, the Consumer Protection Division of the Department of Consumer Affairs and all consumer reporting agencies that compile and maintain files on a nationwide basis, as defined in 15 U.S.C. Section 1681a(p), of the timing, distribution, and content of the notice."
SECTION 5. Article 7, Chapter 11, Title 16 of the 1976 Code is amended by adding:
"Section 16-11-725. (A) It is unlawful for a person to rummage through or steal another person's household garbage or litter, as defined in Section 44-67-30(4), for the purpose of committing financial identity fraud or identity fraud or identity theft as defined in Sections 16-13-510 and 37-20-110.
(B)(1) A person that violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more that two hundred fifty dollars for the first violation and one thousand dollars for each subsequent violation.
(2) A person who knowingly and wilfully violates the provisions of this section is guilty of a Class F felony and, upon conviction, must be imprisoned not more than five years and fined not more than one thousand dollars, or both.
(C) A conviction pursuant to the provisions of this section and the possession of identifying information as defined in Section 16-13-510 is prima facie evidence of financial identity fraud, identity fraud, or identity theft pursuant to Sections 16-13-510 and 37-20-110.
(D) This section does not prohibit a duly constituted officer of the law from performing his official duties in ferreting out offenders or suspected offenders against violating the laws of this State or a county or municipality for the purpose of apprehending the suspected violator. The provisions of this section must not be construed to give an officer any additional rights or powers upon private property but must be construed as preserving only his previous powers."
SECTION 6. Article 2, Chapter 13 of Title 16 of the 1976 Code is amended by adding:
"Section 16-13-512. (A) Except as provided in this section, a person, firm, partnership, association, corporation, limited liability company, or any other entity which accepts credit cards or debit cards for the transaction of business must not print on a receipt provided to the cardholder at the point of sale:
(1) more than five digits of the credit card or debit card account number; and
(2) the expiration date of the credit card or debit card.
(B) This section does not apply to transactions in which the sole means of recording the cardholder's credit card or debit card account number is by handwriting or by an imprint or copy of the credit card or debit card.
(C)(1) A person that violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more that two hundred fifty dollars for the first violation and one thousand dollars for each subsequent violation.
(2) A person that knowingly and wilfully violates the provisions of this section is guilty of a Class F felony and, upon conviction, must be imprisoned not more than five years and fined not more than one thousand dollars, or both.
(D) This section, in compliance with Public Law 108-159, Section 113 of Title 1, is effective:
(1) three years after its enactment as to a cash register or other machine or device that electronically prints receipts for credit card or debit card transactions and that is in use before January 1, 2005;
(2) one year after its enactment for those machines and devices first put into use on or after January 1, 2005."
SECTION 7. Chapter 1 of Title 39 of the 1976 Code is amended by adding:
"Section 39-1-90. (A) A person conducting business in this State, and owning or licensing computerized data that includes personal identifying information, shall disclose a breach of the security of the system following discovery or notification of the breach in the security of the data to a resident of this State whose personal identifying information that was not rendered unusable through encryption, redaction, or other methods was, or is reasonably believed to have been, acquired by an unauthorized person when the illegal use of the information has occurred or is reasonably likely to occur or use of the information creates a material risk of harm to the resident. The disclosure must be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subsection (C), or with measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
(B) A person conducting business in this State and maintaining computerized data that includes personal identifying information that the person does not own shall notify the owner or licensee of the information of a breach of the security of the data immediately following discovery, if the personal identifying information was, or is reasonably believed to have been, acquired by an unauthorized person.
(C) The notification required by this section may be delayed if a law enforcement agency determines that the notification impedes a criminal investigation. The notification required by this section must be made after the law enforcement agency determines that it no longer compromises the investigation.
(D) For purposes of this section:
(1) 'Breach of the security of the system' means unauthorized access to, or acquisition of, computerized data that was not rendered unusable through encryption, redaction, or other methods that compromises the security, confidentiality, or integrity of personal identifying information maintained by the person when illegal use of the information has occurred or is reasonably likely to occur or if use of the information creates a material risk of harm to a resident. Good faith acquisition of personal identifying information by an employee or agent of the person for the purposes of its business is not a breach of the security of the system if the personal identifying information is not used or subject to further unauthorized disclosure.
(2) 'Person' has the same meaning as in Section 37-20-110(10).
(3) 'Personal identifying information' has the same meaning as 'personal identifying information' in Section 16-13-510(D).
(E) The notice required by this section may be provided by:
(1) written notice;
(2) electronic notice, if the person's primary method of communication with the individual is by electronic means or is consistent with the provisions regarding electronic records and signatures in Section 7001 of Title 15 U.S.C. and Chapter 6 of Title 11 of the 1976 Code;
(3) telephonic notice;
(4) substitute notice, if the person demonstrates that the cost of providing notice exceeds two hundred fifty thousand dollars or that the affected class of subject persons to be notified exceeds five hundred thousand or the person has insufficient contact information. Substitute notice consists of:
(a) e-mail notice when the person has an e-mail address for the subject persons;
(b) conspicuous posting of the notice on the web site page of the person, if the person maintains one;
(c) notification to major statewide media.
(F) Notwithstanding subsection (E), a person that maintains its own notification procedures as part of an information security policy for the treatment of personal identifying information and is otherwise consistent with the timing requirements of this section is considered to be in compliance with the notification requirements of this section if the person notifies subject persons in accordance with its policies in the event of a breach of security of the system.
(G) A resident of this State who is injured by a violation of this section, in addition to and cumulative of all other rights and remedies available at law, may:
(1) institute a civil action to recover damages;
(2) seek an injunction to enforce compliance;
(3) recover attorney's fees and court costs, if successful.
(H) A person who violates this section is subject to an administrative fine in the amount of one thousand dollars for each resident whose information was accessible by reason of the breach, the amount to be decided by the department.
(I) This section does not apply to a bank or financial institution that is subject to and in compliance with the privacy and security provision of the Gramm-Leach-Bliley Act.
(J) A financial institution that is subject to and in compliance with the federal Interagency Guidance Response Programs for Unauthorized Access to Consumer Information and Customer Notice, issued March 7, 2005, by the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, and the Office of Thrift Supervision, as amended, is considered to be in compliance with this section.
(K) If a business provides notice to more than one thousand persons at one time pursuant to this section, the business shall notify, without unreasonable delay, the Consumer Protection Division of the Department of Consumer Affairs and all consumer reporting agencies that compile and maintain files on a nationwide basis, as defined in 15 U.S.C. Section 1681a(p), of the timing, distribution, and content of the notice."
SECTION 8. Section 16-13-510 of the 1976 Code, as last amended by Act 350 of 2006, is further amended to read:
"Section 16-13-510. (A) It is unlawful for a person to commit the offense of financial identity fraud or identity fraud.
(B) A person is guilty of financial identity fraud when he, without the authorization or permission of another person and with the intent of unlawfully appropriating the financial resources of that person to his own use or the use of a third party knowingly and willingly:
(1) obtains or records identifying information which would assist in accessing the financial records of the other person; or
(2) accesses or attempts to access the financial resources of the other person through the use of identifying information as defined in subsection (C) (D).
(C) A person is guilty of identity fraud when he uses identifying information, as defined in subsection (D), of another person for the purpose of obtaining employment or avoiding identification by a law enforcement officer, criminal justice agency, or another governmental agency including, but not limited to, law enforcement, detention, and correctional agencies or facilities.
(D) Identifying information includes, but is not limited to:
(1) social security numbers;
(2) driver's license numbers;
(3) checking account numbers;
(4) savings account numbers;
(5) credit card numbers;
(6) debit card numbers;
(7) personal identification numbers;
(8) electronic identification numbers;
(9) digital signatures; or
(10) other numbers or information which may be used to access a person's financial resources;
(11) identifying documentation that defines a person other than the person presenting the document. This includes, but is not limited to, passports, driver's licenses, birth certificates, immigration documents, and state-issued identification cards. 'Personal identifying information' means the first name or first initial and last name in combination with and linked to any one or more of the following data elements that relate to a resident of this state, when the data elements are neither encrypted nor redacted:
(1) social security number;
(2) driver's license number or state identification card number issued instead of a driver's license;
(3) financial account number, or credit card or debit card number in combination with any required security code, access code, or password that would permit access to a resident's financial account; or
(4) other numbers or information which may be used to access a person's financial resources or to identify an individual.
The term does not include information that is lawfully obtained from publicly available information, or from federal, state, or local government records lawfully made available to the general public.
(D)(E) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both. The court may order restitution to the victim pursuant to the provisions of Section 17-25-322."
SECTION 9. Section 16-13-515 of the 1976 Code, as added by Act 350 of 2006, is repealed.
SECTION 10. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, 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 11. 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 12. This act is effective December 31, 2008. /
Renumber sections to conform.
Amend title to conform.
Rep. TALLEY explained the amendment.
The amendment was then adopted.
Rep. TALLEY proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\12007MM08), which was adopted:
Amend the bill, as and if amended, Section 37-20-190 as found in SECTION 2, page 453-12, by inserting after line 30 the following:
/ (C) This section does not apply to:
(1) a bank or financial institution that is subject to and in compliance with the privacy and security provision of the Gramm-Leach-Bliley Act;
(2) a health insurer that is subject to and in compliance with the standards for privacy of individually identifiable health information and the security standards for the protection of electronic health information of the Health Insurance Portability and Accountability Act of 1996; or
(3) a consumer credit reporting agency that is subject to and in compliance with the federal Fair Credit Reporting Act. /
Amend the bill further, Section 37-20-110(15) as found in SECTION 2, pages 453-3 and 453-4, by deleting item (15) in its entirety and inserting:
/ (15) 'Security breach' means an incident of unauthorized access to and acquisition of records or data that was not rendered unusable through encryption, redaction, or other methods containing personal identifying information that compromises the security, confidentiality, or integrity of personal identifying information maintained by a person when illegal use of the information has occurred or is reasonably likely to occur or use of the information creates a material risk of harm to the consumer. Good faith acquisition of personal identifying information by an employee or agent of the person for a legitimate purpose is not a security breach, if the personal identifying information is not used for a purpose other than a lawful purpose of the person and is not subject to further unauthorized disclosure. /
Amend the bill further, Section 1-11-490(D)(2) as found in SECTION 4, page 453-18, lines 33-43, by deleting item (2) in its entirety and inserting:
/ (2) 'Breach of the security of the system' means unauthorized access to and acquisition of computerized data that was not rendered unusable through encryption, redaction, or other methods that compromises the security, confidentiality, or integrity of personal identifying information maintained by the agency, when illegal use of the information has occurred or is reasonably likely to occur or use of the information creates a material risk of harm to the consumer. Good faith acquisition of personal identifying information by an employee or agent of the agency for the purposes of the agency is not a breach of the security of the system if the personal identifying information is not used or subject to further unauthorized disclosure. /
Amend the bill further, Section 39-1-90(D)(1) as found in SECTION 7, page 453-22, lines 7-18, by deleting item (1) in its entirety and inserting:
/ (1) 'Breach of the security of the system' means unauthorized access to and acquisition of computerized data that was not rendered unusable through encryption, redaction, or other methods that compromises the security, confidentiality, or integrity of personal identifying information maintained by the agency, when illegal use of the information has occurred or is reasonably likely to occur or use of the information creates a material risk of harm to the consumer. Good faith acquisition of personal identifying information by an employee or agent of the agency for the purposes of the agency is not a breach of the security of the system if the personal identifying information is not used or subject to further unauthorized disclosure. /
Amend the bill further, Section 37-20-170 as found in SECTION 2, by deleting Section 37-20-170 in its entirety and inserting:
/ (A) If a consumer disputes the accuracy of an item in the consumer's records with a consumer reporting agency, the consumer may give notice in writing to the consumer reporting agency specifying in what manner the report is inaccurate and the consumer reporting agency shall reinvestigate the inaccuracy at no charge to the consumer and record the current status of the disputed information. The consumer reporting agency shall provide forms for that notice and shall assist a consumer in preparing the notice when requested.
(B) Within thirty days after receiving a notice of inaccuracy, a consumer reporting agency shall deny or admit the inaccuracy to the consumer in writing. If the consumer reporting agency denies the inaccuracy, the consumer reporting agency shall include the following information with the written results of the reinvestigation:
(1) the basis for the denial;
(2) a copy of the consumer's file that is based on the consumer's file as revised as a result of the reinvestigation, including the business name and address of any furnisher of information who was contacted in connection with that information and, if reasonably available, the telephone number of the furnisher; and
(3) a notice that, if requested by the consumer, the consumer reporting agency shall provide the consumer with a description of the procedure used by the consumer reporting agency to determine the accuracy and completeness of the information.
(C) If the consumer reporting agency admits that the item is inaccurate, it shall correct the item in its records and, on request by the consumer, it shall inform any person who within the last six months has previously received a report containing that inaccurate information./
Renumber sections to conform.
Amend title to conform.
Rep. TALLEY explained the amendment.
The amendment was then adopted.
Rep. CLEMMONS proposed the following Amendment No. 2 (Doc Name COUNCIL\AGM\19073MM08):
Amend the bill, as and if amended, Section 37-20-160(J) as found in SECTION 2, page 453-7, lines 33-35, by deleting subsection (J) in its entirety and inserting:
/ (J) A consumer reporting agency may not charge a consumer who has reason to believe that he is the victim of financial identity fraud, as evidenced by a copy of a valid police report, investigative report, or complaint made pursuant to Section 16-13-510, a fee for a request pursuant to subsections (A) and (G). A consumer reporting agency may charge a consumer who is not the victim of financial identity fraud a fee of no more than three dollars for a freeze or a removal of a freeze. /
Renumber sections to conform.
Amend title to conform.
Rep. CLEMMONS explained the amendment.
Rep. TALLEY moved to adjourn debate on the Bill until Thursday, February 7, which was agreed to.
Further proceedings were interrupted by the Joint Assembly.
At 12:00 noon the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 4416 (Word version) -- Reps. Delleney, W.D. Smith and F.N. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 6, 2008, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUSTICE OF THE SUPREME COURT, SEAT 3, WHOSE TERM EXPIRES JULY 31, 2008; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 6, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2009, AND THE SUBSEQUENT FULL TERM WHICH EXPIRES ON JUNE 30, 2015; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 2, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2012; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 11, WHOSE TERM EXPIRES JUNE 30, 2008; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 12, WHOSE TERM EXPIRES JUNE 30, 2008; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 13, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2008, AND THE SUBSEQUENT FULL TERM WHICH EXPIRES ON JUNE 30, 2014; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FOURTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2008; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 3, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE SIXTH JUDICIAL CIRCUIT, SEAT 2, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2008, AND THE SUBSEQUENT FULL TERM WHICH EXPIRES ON JUNE 30, 2014; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2008; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE TWELFTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2008; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 2, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2008; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW COURT, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2008.
The PRESIDENT recognized Rep. DELLENEY, Chairman of the Judicial Merit Selection Commission.
The PRESIDENT announced that nominations were in order for a Supreme Court Justice, Seat 3.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: the Honorable John C. Few, the Honorable Kaye G. Hearn, and the Honorable John W. Kittredge.
Rep. DELLENEY stated that the Honorable John C. Few and the Honorable Kaye G. Hearn had withdrawn from the race, and placed the name of the remaining candidate, the Honorable John W. Kittredge in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable John W. Kittredge was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Court of Appeals Judge, Seat 6.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: the Honorable John D. Geathers, the Honorable J. Mark Hayes II, and the Honorable Aphrodite Konduros.
Rep. DELLENEY stated that the Honorable John D. Geathers and the Honorable J. Mark Hayes II had withdrawn from the race, and placed the name of the remaining candidate, the Honorable Aphrodite K. Konduros in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Aphrodite K. Konduros was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Ninth Judicial Circuit, Seat 2.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: Kristi Lea Harrington, the Honorable Jack A. Landis, and William J. Thrower.
Rep. DELLENEY stated that the Honorable Jack A. Landis and William J. Thrower had withdrawn from the race, and placed the name of the remaining candidate, Kristi Lea Harrington in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation resulting in the election of the nominee.
Whereupon, the Honorable Kristi Lea Harrington was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Circuit Court Judge, At-Large, Seat 11.
Representative DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Alison Renee Lee had been screened, found qualified, and placed her name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Alison Renee Lee was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Circuit Court Judge, At-Large, Seat 12.
Representative DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Thomas A. Russo had been screened, found qualified, and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Thomas A. Russo was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Circuit Court Judge, At-Large, Seat 13.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: Allen O. Fretwell, Eugene C. Griffith, Jr., and Larry B. Hyman, Jr.
Rep. DELLENEY stated that Allen O. Fretwell and Eugene C. Griffith, Jr., had withdrawn from the race, and placed the name of the remaining candidate, Larry B. Hyman, Jr., in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation resulting in the election of the nominee.
Whereupon, the Honorable Larry B. Hyman, Jr., was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Fourth Judicial Circuit, Seat 3.
Representative DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable James A. Spruill III had been screened, found qualified, and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable James A. Spruill III was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Fifth Judicial Circuit, Seat 3.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: Dana A. Morris and the Honorable Jeffrey M. Tzerman.
Rep. DELLENEY stated that the Honorable Jeffrey M. Tzerman had withdrawn from the race, and placed the name of the remaining candidate, Dana A. Morris, in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation resulting in the election of the nominee.
Whereupon, the Honorable Dana A. Morris was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Ninth Judicial Circuit, Seat 5.
Representative DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Jocelyn B. Cate had been screened, found qualified, and placed her name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Jocelyn B. Cate was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Twelfth Judicial Circuit, Seat 1.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: Robert H. Corley and Timothy H. Pogue.
Rep. DELLENEY stated that Robert H. Corley had withdrawn from the race, and placed the name of the remaining candidate, Timothy H. Pogue, in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation resulting in the election of the nominee.
Whereupon, the Honorable Timothy H. Pogue was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Thirteenth Judicial Circuit, Seat 5.
Representative DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Robert N. Jenkins, Sr., had been screened, found qualified, and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Robert N. Jenkins, Sr., was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Fourteenth Judicial Circuit, Seat 2.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: Catherine D. Badgett, Sally G. Calhoun, and Peter L. Fuge.
Rep. DELLENEY stated that Catherine D. Badgett and Sally G. Calhoun had withdrawn from the race, and placed the name of the remaining candidate, Peter L. Fuge, in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation resulting in the election of the nominee.
Whereupon, the Honorable Peter L. Fuge was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Fifteenth Judicial Circuit, Seat 3.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: Melissa Johnson Emery, Anita R. Floyd, and Ronald R. Norton.
Rep. DELLENEY stated that Melissa Johnson Emery and Anita R. Floyd had withdrawn from the race, and placed the name of the remaining candidate, Ronald R. Norton, in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation resulting in the election of the nominee.
Whereupon, the Honorable Ronald R. Norton was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Sixth Judicial Circuit, Seat 2.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: Betsy White Burton, Coreen B. Khoury, and W. Thomas Sprott, Jr.
Rep. DELLENEY stated that Betsy White Burton had withdrawn from the race, and placed the name of the remaining candidates, Coreen B. Khoury and W. Thomas Sprott, Jr., in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Khoury:
Alexander Bryant Ceips Cromer Elliott Gregory Hawkins Knotts Malloy Rankin Ritchie Ryberg Scott Sheheen Thomas
The following named Senators voted for Sprott:
Anderson Campbell Campsen Cleary Courson Drummond Fair Ford Grooms Hayes Hutto Jackson Land Leventis Lourie Martin Massey Matthews McConnell McGill O'Dell Peeler Pinckney Reese Setzler Short Verdin Williams
On motion of Rep. Scott, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Khoury:
Ballentine Barfield Bedingfield Bowen Bowers R. Brown Clemmons Clyburn Cobb-Hunter Cooper Crawford Dantzler Duncan Erickson Frye Funderburk Gambrell Govan Gullick Haley Harrell Hayes Hiott Hosey Howard Jefferson Jennings Leach Littlejohn Lowe Lucas McLeod Miller Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks E. H. Pitts M. A. Pitts Scott Shoopman Skelton D. C. Smith G. R. Smith Spires Thompson Umphlett Viers Walker Weeks Whipper White Williams Young
The following named Representatives voted for Sprott:
Agnew Alexander Allen Anderson Anthony Bales Bannister Battle Bingham Brady Branham Brantley Breeland G. Brown Cato Chalk Coleman Cotty Davenport Delleney Edge Hagood Hamilton Harrison Harvin Haskins Herbkersman Huggins Hutson Kelly Kirsh Knight Limehouse Loftis Mack Mahaffey Merrill Mitchell Perry Phillips Pinson Rice Sandifer Scarborough Sellers Simrill F. N. Smith G. M. Smith J. R. Smith W. D. Smith Stavrinakis Toole Whitmire
RECAPITULATION
Total number of Senators voting 43
Total number of Representatives voting 111
Grand Total 154
Necessary to a choice 78
Of which Khoury received 73
Of which Sprott received 81
Whereupon, the PRESIDENT announced that the Honorable W. Thomas Sprott, Jr., was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for an Administrative Law Court Judge, Seat 5.
Representative DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Paige J. Gossett had been screened, found qualified, and placed her name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Paige J. Gossett was duly elected for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:30 p.m. the House resumed, the SPEAKER in the Chair.
Rep. HAYES moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4626 (Word version) -- Rep. Sellers: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE UNITED STATES SENATOR FROM ILLINOIS, BARACK OBAMA, FOR HIS VICTORY IN THE SOUTH CAROLINA DEMOCRATIC PRIMARY HELD ON JANUARY 26, 2008.
H. 4643 (Word version) -- Rep. Gullick: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE CHARLES POWERS OF YORK COUNTY FOR HIS OUTSTANDING ACHIEVEMENTS AS MAYOR OF FORT MILL, HIS COMMITMENT TO THE CITIZENS OF FORT MILL, AND HIS SUPPORT OF THE BUSINESS COMMUNITY.
At 12:32 p.m. the House, in accordance with the motion of Rep. HARVIN, adjourned in memory of David Bomar Smith of Conway, to meet at 10:00 a.m. tomorrow.
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