Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
The Psalmist writes:
"Make a joyful noise to the Lord, all the earth. Worship the Lord with gladness; come into his presence with singing. Know that the Lord is God. It is he that made us, and we are his; we are his people, and the sheep of his pasture." (Psalm 100:1-3)
Friends, join me in prayer:
It is challenging, O Lord, to "make a joyful noise" when our feet are cold, when chilly winds blow, and when the gloom of winter time continues to come early. We offer to you our heartfelt concern for those in our State who suffer the adverse affects of these February days: especially the poor, the powerless, the lost. Whatever the reasons for their place in life, dear God, embrace them and give them hope. And help all of us to be mindful of their needs and willing to aid them in meaningful, realistic ways-that we all might truly worship you with gladness.
In your hopeful name we pray, Lord.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following were received and referred to the appropriate committees for consideration:
Document No. 3100
Agency: Department of Revenue
SUBJECT: Manufactured Homes and Modular Homes
Received by Lieutenant Governor February 8, 2007
Referred to Finance Committee
Legislative Review Expiration June 8, 2007
Document No. 3101
Agency: Department of Revenue
SUBJECT: Requirements for Protesting Beer and Wine Permits or Alcoholic Liquor Licenses
Received by Lieutenant Governor February 8, 2007
Referred to Judiciary Committee
Legislative Review Expiration June 8, 2007
The following was received:
Document No. 3080
Agency: Department of Labor, Licensing and Regulation, Board of Nursing
Subject: Nursing Programs
Received by Lieutenant Governor January 9, 2007
Referred to Medical Affairs Committee
Legislative Review Expiration May 9, 2007
120 Day Period Tolled
Withdrawn and Resubmitted February 2, 2007
Senator O'DELL introduced Dr. Gregory Tarasidis of Greenwood, S.C., Doctor of the Day.
S. 20 (Word version) -- Senators Elliott, Mescher, Cleary, Hutto, Lourie, Moore, Sheheen and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-280 SO AS TO REQUIRE INSURANCE COVERAGE FOR TREATMENT OF PERVASIVE DEVELOPMENTAL DISORDERS AND TO DEFINE "PERVASIVE DEVELOPMENTAL DISORDER" AS A NEUROLOGICAL CONDITION, INCLUDING AUTISM AND ASPERGER'S SYNDROME.
On motion of Senator KNOTTS, with unanimous consent, the names of Senators KNOTTS and LEVENTIS were added as co-sponsors of S. 20.
S. 65 (Word version) -- Senators Martin, Vaughn, McConnell, Knotts, Verdin, Fair and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-75, TO PROVIDE A RIGHT OF INGRESS AND EGRESS TO A CEMETERY, BURIAL GROUND, OR GRAVE LOCATED ON PRIVATE PROPERTY FOR FAMILY MEMBERS, CLOSE FRIENDS, DESCENDANTS OF DECEASED PERSONS, CEMETERY PLOT OWNERS, PERSONS PARTICIPATING IN A LAWFUL BURIAL, OR PERSONS ENGAGING IN GENEALOGY RESEARCH.
On motion of Senator ELLIOTT, with unanimous consent, the name of Senator ELLIOTT was added as a co-sponsor of S. 65.
S. 69 (Word version) -- Senators Rankin, Campsen, McConnell, Knotts, Cleary and Fair: A BILL TO AMEND SECTION 8-13-740 OF THE 1976 CODE, RELATING TO REPRESENTATION OF ANOTHER BY A PUBLIC OFFICIAL, MEMBER, OR EMPLOYEE BEFORE A GOVERNMENTAL ENTITY, TO PROVIDE THAT WHEN AN ASSOCIATE OR BUSINESS WITH WHICH A PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE IS ASSOCIATED REPRESENTS A PERSON BEFORE ANY GOVERNMENTAL AGENCY, UNIT, OR SUBUNIT FOR WHICH THE PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE HAS OFFICIAL RESPONSIBILITY, THE PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE DOES NOT HAVE TO RESIGN OR VACATE HIS SEAT OR POSITION IF HE DISCLOSES THE CONFLICT OF INTEREST AND RECUSES HIMSELF FROM THE VOTE ON THE MATTER THAT IS THE SUBJECT OF THE CONFLICT OF INTEREST.
On motion of Senator ELLIOTT, with unanimous consent, the name of Senator ELLIOTT was added as a co-sponsor of S. 69.
S. 243 (Word version) -- Senators Setzler, Leatherman and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46 TO TITLE 11 SO AS TO ESTABLISH THE "SOUTH CAROLINA HYDROGEN INFRASTRUCTURE DEVELOPMENT FUND", TO AUTHORIZE THE SOUTH CAROLINA RESEARCH AUTHORITY TO ADMINISTER SUBGRANTS FOR THE PURPOSE OF PROMOTING THE DEVELOPMENT OF HYDROGEN PRODUCTION, TO ALLOW THE FUND TO RECEIVE DONATIONS, GRANTS, AND OTHER FUNDING AS PROVIDED BY LAW, TO ALLOW A TAXPAYER WHO MAKES A CONTRIBUTION TO THE FUND TO RECEIVE A TAX CREDIT SUBJECT TO CERTAIN LIMITATIONS, TO REQUIRE THE GENERAL ASSEMBLY TO APPROPRIATE A SPECIFIC AMOUNT FROM THE GENERAL FUND OF THE STATE TO THE FUND, AND TO REQUIRE STATE AGENCIES TO CONSIDER PURCHASING EQUIPMENT AND MACHINERY OPERATED BY HYDROGEN OR FUEL CELLS OR BOTH OF THEM; BY ADDING SECTION 12-6-3630 SO AS TO ALLOW A CREDIT AGAINST THE INCOME TAX, LICENSE FEES, OR INSURANCE PREMIUM TAXES FOR QUALIFIED CONTRIBUTIONS MADE TO THE FUND; BY AMENDING SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO ALLOW A SALES TAX EXEMPTION FOR EQUIPMENT OR MACHINERY OPERATED BY HYDROGEN OR FUEL CELLS OR USED TO DISTRIBUTE HYDROGEN AND FOR EQUIPMENT AND MACHINERY USED PREDOMINATELY FOR RESEARCH AND DEVELOPMENT INVOLVING HYDROGEN OR FUEL CELL TECHNOLOGIES, AND TO ALLOW A SALES TAX EXEMPTION FOR BUILDING MATERIALS, MACHINERY, OR EQUIPMENT USED TO CONSTRUCT A NEW OR RENOVATED BUILDING LOCATED IN A RESEARCH DISTRICT.
On motion of Senator ELLIOTT, with unanimous consent, the name of Senator ELLIOTT was added as a co-sponsor of S. 243.
S. 280 (Word version) -- Senator Verdin: A CONCURRENT RESOLUTION TO REQUEST THE UNITED STATES DEPARTMENT OF INTERIOR AUTHORIZE THE PLACEMENT OF A MARKER OR MEMORIAL AT AN APPROPRIATE LOCATION AT THE BLOODY ANGLE IN THE MULE SHOE ON THE BATTLEFIELDS FOR THE SPOTSYLVANIA COURT HOUSE THAT RECOGNIZES THE SIGNIFICANT ROLE OF SOUTH CAROLINIAN SOLDIERS IN THE BATTLE AT SPOTSYLVANIA COURT HOUSE.
Senator ALEXANDER asked unanimous consent to make a motion to recall the Concurrent Resolution from the General Committee.
There was no objection.
The Resolution was recalled and ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 416 (Word version) -- Senator Fair: A CONCURRENT RESOLUTION REQUESTING THE CONGRESS OF THE UNITED STATES TO WITHDRAW THE UNITED STATES FROM THE SECURITY AND PROSPERITY PARTNERSHIP OF NORTH AMERICA AND ANY OTHER ACTIVITY THAT SEEKS TO CREATE A NORTH AMERICAN UNION, AND REQUESTING THE CONGRESSIONAL DELEGATION OF SOUTH CAROLINA TO WORK TO WITHDRAW THE UNITED STATES FROM THE SECURITY AND PROSPERITY PARTNERSHIP OF NORTH AMERICA AND ANY OTHER ACTIVITY THAT SEEKS TO CREATE A NORTH AMERICAN UNION.
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The Concurrent Resolution was introduced and referred to the Committee on Labor, Commerce and Industry.
S. 417 (Word version) -- Senator Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-13-240 SO AS TO PROVIDE THAT AN INMATE MAY RECEIVE A REDUCTION IN HIS SENTENCE FOR VOLUNTARILY DONATING BONE MARROW OR BLOOD-FORMING CELLS DURING HIS PERIOD OF INCARCERATION, AND TO PROVIDE THAT CERTAIN REGULATIONS MUST BE PROMULGATED BY THE DEPARTMENT OF CORRECTIONS AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ENSURE THAT THE HEALTH OF THE DONOR AND RECIPIENT ARE PROTECTED.
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Read the first time and referred to the Committee on Corrections and Penology.
S. 418 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTIONS 44-61-20, 44-61-30, 44-61-70, 44-61-80, 44-61-105, 44-61-130, AND 44-61-160, ALL AS AMENDED, AND SECTION 44-61-310, ALL RELATING TO THE CERTIFICATION AND REGULATION OF EMERGENCY MEDICAL TECHNICIANS, SO AS TO CHANGE THE AUTHORIZATION TO PERFORM THE DUTIES OF AN EMERGENCY MEDICAL TECHNICIAN FROM CERTIFICATION TO LICENSURE.
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Read the first time and referred to the Committee on Medical Affairs.
S. 419 (Word version) -- Senator Malloy: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND ORLANDO HUDSON, A NATIVE OF DARLINGTON COUNTY, FOR HIS OUTSTANDING SPORTS ACHIEVEMENTS IN THE FIELD OF BASEBALL.
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The Concurrent Resolution was adopted, ordered sent to the House.
Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable report on:
S. 132 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-390, TO PROVIDE THAT NO MORE THAN ONE ARKANSAS BLUE CATFISH OVER THIRTY-FOUR INCHES MAY BE TAKEN FROM THE WATERS OF LAKES MARION AND MOULTRIE BY ANY ONE PERSON IN ONE DAY, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION APPLY TO COMMERCIAL AS WELL AS RECREATIONAL FISHERMEN.
Ordered for consideration tomorrow.
Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:
S. 283 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 50-11-2200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF WILDLIFE MANAGEMENT AREAS, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF LAND LEASED OR ESTABLISHED AS WILDLIFE MANAGEMENT AREAS.
Ordered for consideration tomorrow.
Senator KNOTTS from the Committee on Invitations submitted a favorable report on:
An invitation from the Probate Judges to attend a reception at the Clarion Townhouse on Tuesday, February 13, 2007, from 6:00 until 8:00 P.M.
Knotts Alexander Patterson McGill Reese O'Dell Elliott Ford Grooms Verdin Campsen
Senator KNOTTS from the Committee on Invitations submitted a favorable report on:
An invitation from the SC School Counselors Association to attend a breakfast, in Room 221 Blatt Bldg. on Wednesday, February 14, 2007, from 8:00 until 10:00 A.M.
Knotts Alexander Patterson McGill Reese O'Dell Elliott Ford Grooms Verdin Campsen
Senator KNOTTS from the Committee on Invitations submitted a favorable report on:
An invitation from the SC Dietary Managers Association to attend a luncheon in Room 221 Blatt Bldg. on Wednesday, February 14, 2007, from 12:00 until 2:00 P.M.
Knotts Alexander Patterson McGill Reese O'Dell Elliott Ford Grooms Verdin Campsen
Senator KNOTTS from the Committee on Invitations submitted a favorable report on:
An invitation from the Prevent Child Abuse in South Carolina to attend a reception at the Columbia Metropolitan Convention Center on Wednesday, February 14, 2007, at 6:00 P.M.
Knotts Alexander Patterson McGill Reese O'Dell Elliott Ford Grooms Verdin Campsen
Senator KNOTTS from the Committee on Invitations submitted a favorable report on:
An invitation from the Credit Union League to attend a reception at Seawells on Wednesday, February 14, 2007, from 6:30 until 8:00 P.M.
Knotts Alexander Patterson McGill Reese O'Dell Elliott Ford Grooms Verdin Campsen
Senator KNOTTS from the Committee on Invitations submitted a favorable report on:
An invitation from the Transportaion Association of SC to attend a reception at Seawells on Wednesday, February 14, 2007, from 8:00 until 10:00 P.M.
Knotts Alexander Patterson McGill Reese O'Dell Elliott Ford Grooms Verdin Campsen
Senator KNOTTS from the Committee on Invitations submitted a favorable report on:
An invitation from the SC Nursery and Landscape Association to attend a breakfast in Room 221 Blatt Bldg. on Thursday, February 15, 2007, from 8:00 until 9:30 A.M.
Knotts Alexander Patterson McGill Reese O'Dell Elliott Ford Grooms Verdin Campsen
Senator KNOTTS from the Committee on Invitations submitted a favorable report on:
An invitation from the SC Association of Conservation Districts to attend a reception/dinner at Seawells on Tuesday, February 20, 2007, from 6:00 until 8:00 P.M.
Knotts Alexander Patterson McGill Reese O'Dell Elliott Ford Grooms Verdin Campsen
Senator KNOTTS from the Committee on Invitations submitted a favorable report on:
An invitation from the School Nutrition Association to attend a breakfast in Room 221 Blatt Bldg. on Wednesday, February 21, 2007, from 8:00 until 10:00 A.M.
Knotts Alexander Patterson McGill Reese O'Dell Elliott Ford Grooms Verdin Campsen
Senator KNOTTS from the Committee on Invitations submitted a favorable report on:
An invitation from the SC Athletic Trainers Association to attend a luncheon in Room 221 Blatt Bldg. on Wednesday, February 21, 2007, from 12:00 until 2:00 P.M.
Knotts Alexander Patterson McGill Reese O'Dell Elliott Ford Grooms Verdin Campsen
Senator KNOTTS from the Committee on Invitations submitted a favorable report on:
An invitation from the SC Association of Counties to attend a reception at the Embassy Suites Hotel on Wednesday, February 21, 2007, from 6:00 until 7:30 P.M.
Knotts Alexander Patterson McGill Reese O'Dell Elliott Ford Grooms Verdin Campsen
Senator KNOTTS from the Committee on Invitations submitted a favorable report on:
An invitation from the State Judges to attend a barbeque/reception at the National Guard Armory on Wednesday, February 21, 2007, from 7:00 until 9:30 P.M.
Knotts Alexander Patterson McGill Reese O'Dell Elliott Ford Grooms Verdin Campsen
Senator KNOTTS from the Committee on Invitations submitted a favorable report on:
An invitation from the SC Cancer Alliance to attend a breakfast in Room 221 Blatt Bldg. on Thursday, February 22, 2007, from 8:00 until 10:00 A.M.
Knotts Alexander Patterson McGill Reese O'Dell Elliott Ford Grooms Verdin Campsen
S. 351 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO COMMEMORATE THE CENTENNIAL ANNIVERSARY OF THE UNITED PARCEL SERVICE OF AMERICA AND TO RECOGNIZE ITS MANY LASTING CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Joint Resolution was read the third time and ordered sent to the House of Representatives:
S. 144 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Vaughn, Campsen, Richardson, McGill, Elliott, Fair and Williams: A JOINT RESOLUTION TO CREATE A SENTENCING GUIDELINES COMMISSION TO REVIEW, STUDY, AND RECOMMEND LEGISLATION FOR SENTENCING GUIDELINES, THE PAROLE SYSTEM, AND ALTERNATIVE SENTENCING PROCEDURES FOR NON-VIOLENT OFFENDERS, AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION.
By prior motion of Senator MALLOY, with unanimous consent.
The following Bill, having been read the second time, was ordered placed on the Third Reading Calendar:
S. 14 (Word version) -- Senators Hayes, Campsen, Vaughn, Mescher, Knotts, Verdin, Alexander and Lourie: A BILL TO AMEND SECTION 7-13-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN UNAUTHORIZED PERSON NOT ALLOWED WITHIN THE GUARD RAIL OF A VOTING BOOTH, TO AUTHORIZE A DEPENDENT CHILD OF A QUALIFIED ELECTOR TO ACCOMPANY THE QUALIFIED ELECTOR IN THE VOTING BOOTH WHILE HE IS CASTING HIS BALLOT.
S. 65 (Word version) -- Senators Martin, Vaughn, McConnell, Knotts, Verdin, Fair, Alexander and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-75, TO PROVIDE A RIGHT OF INGRESS AND EGRESS TO A CEMETERY, BURIAL GROUND, OR GRAVE LOCATED ON PRIVATE PROPERTY FOR FAMILY MEMBERS, CLOSE FRIENDS, DESCENDANTS OF DECEASED PERSONS, CEMETERY PLOT OWNERS, PERSONS PARTICIPATING IN A LAWFUL BURIAL, OR PERSONS ENGAGING IN GENEALOGY RESEARCH.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
The Judiciary Committee proposed the following amendment (JUD0065.002), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Chapter 5, Title 27 of the 1976 Code is amended by adding:
"Section 27-5-75. (A) A landowner of private property on which a cemetery, burial ground, or grave is located must allow ingress and egress to the cemetery, burial ground, or grave by any of the following persons who have entered into a mutual agreement with a landowner of the private property, or an agent of a landowner of the private property, or an occupant of the private property acting on behalf of a landowner and with a landowner's permission, establishing reasonable terms of visitation:
(1) family members, close friends, or descendants of deceased persons buried on the property;
(2) persons lawfully participating in a burial;
(3) a cemetery or burial plot owner; or
(4) a person engaging in genealogy research.
(B) The right of ingress and egress granted to persons specified in subsection (A) is limited to the purposes of:
(1) visiting graves;
(2) maintaining the gravesite or cemetery;
(3) lawfully burying a deceased person in a cemetery or burial plot by those granted rights of burial to that plot; or
(4) conducting genealogy research.
(C) A person exercising ingress or egress to a cemetery, burial ground, or grave under the provisions of this section is responsible for conducting himself in a manner that does not damage the private property or the cemetery, burial ground, or grave, and is liable to the landowner of the private property for any damage caused as a result of the ingress or egress.
(D) The ingress or egress to a cemetery, burial ground, or grave on private property conferred by this section does not include the right to operate motor vehicles on the private property unless a road or adequate right-of-way exists that permits access by motor vehicles and the landowner has given written permission to use motor vehicles on the road or right-of-way.
(E) In the absence of a mutual agreement or if a person is denied ingress and egress under the provisions of this section, then a landowner, or his agent, or an occupant of the private property acting on behalf of a landowner and with a landowner's permission, or a person denied ingress and egress may institute a proceeding in the magistrate's court of the county in which the cemetery, burial ground, or grave is located. In granting relief to either party, the magistrate may deny the ingress and egress or set the frequency, hours, and duration of the ingress and egress. The provisions of this subsection do not authorize a magistrate to make determinations concerning the title of property or establish an easement across property.
(F) Except as specifically provided in this section or by a mutual agreement, the landowner who permits, without charge, any person who seeks permission to use the property for the limited purposes set out in subsection (B), does not thereby:
(1) extend any assurance that the premises are safe for any purpose;
(2) confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed; or
(3) assume responsibility for or incur liability for an injury to person or property caused by an act by or omission of a person using the property.
(G) Nothing in this section limits in any way any liability which otherwise exists for grossly negligent, willful, or malicious failure to guard or warn against a dangerous condition, use, structure, or activity.
(H) The provisions of this section do not apply to any deed or other written instrument executed prior to the effective date of this section which creates or reserves a cemetery, burial ground, or grave on private property, and which specifically sets forth terms of ingress and egress.
(I) The provisions of this section in no way abrogate, affect, or encumber the title to the landowner's private property and are exercisable only for a particular private property that is either the subject of a mutual agreement between the persons listed in subsection (A) or the subject of a magistrate's order as provided in subsection (E)."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator MARTIN explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 69 (Word version) -- Senators Rankin, Campsen, McConnell, Knotts, Cleary, Fair and Elliott: A BILL TO AMEND SECTION 8-13-740 OF THE 1976 CODE, RELATING TO REPRESENTATION OF ANOTHER BY A PUBLIC OFFICIAL, MEMBER, OR EMPLOYEE BEFORE A GOVERNMENTAL ENTITY, TO PROVIDE THAT WHEN AN ASSOCIATE OR BUSINESS WITH WHICH A PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE IS ASSOCIATED REPRESENTS A PERSON BEFORE ANY GOVERNMENTAL AGENCY, UNIT, OR SUBUNIT FOR WHICH THE PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE HAS OFFICIAL RESPONSIBILITY, THE PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE DOES NOT HAVE TO RESIGN OR VACATE HIS SEAT OR POSITION IF HE DISCLOSES THE CONFLICT OF INTEREST AND RECUSES HIMSELF FROM THE VOTE ON THE MATTER THAT IS THE SUBJECT OF THE CONFLICT OF INTEREST.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
The Judiciary Committee proposed the following amendment (JUD0069.005), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein:
/ TO AMEND SECTION 8-13-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPRESENTATION OF A PERSON BY A PUBLIC OFFICIAL BEFORE A GOVERNMENTAL BODY, SO AS TO REQUIRE A STATE, COUNTY, AND MUNICIPAL PUBLIC OFFICIAL INVOLVED IN A CONFLICT OF INTEREST TO COMPLY WITH RECUSAL REQUIREMENTS, TO ALLOW A PUBLIC OFFICIAL TO REMAIN IN OFFICE IF THE RECUSAL REQUIREMENTS ARE MET, TO PROHIBIT A GOVERNMENTAL BODY FROM REMOVING OR DISALLOWING A PERSON TO SERVE IN OFFICE OR EMPLOYMENT BASED ON RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, FAMILIAL STATUS, DISABILITY, OR OCCUPATION, AND TO ELIMINATE THE PROHIBITION AGAINST AN INDIVIDUAL OR BUSINESS WITH WHOM A MUNICIPAL OR COUNTY PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE IS ASSOCIATED FROM REPRESENTING A PERSON BEFORE AN AGENCY, UNIT, OR SUBUNIT OF THE MUNICIPALITY OR COUNTY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 8-13-740(A) of the 1976 Code is amended by adding the following numbered subsections to read:
"(8) A state, county, or municipal public official, public member, or public employee, including a person serving on an agency, unit, or subunit of a governmental entity shall not be required to resign or otherwise vacate his seat or position due to a conflict of interest that arises under this section as long as notice of the possible conflict of interest is given and he complies with the recusal requirements of Section 8-13-700(B). A governmental entity includes, but is not limited to, a planning board or zoning commission.
(9) Notwithstanding another provision of law, a governmental entity shall not prohibit a state, county, or municipal public official, public member, or public employee, including a person serving on an agency, unit, or subunit of a governmental entity from service in office or employment based solely on race, color, national origin, religion, sex, disability, or occupation."
SECTION 2. Section 8-13-740(A)(4) of the 1976 Code is amended to read:
"(4) A public official, public member, or public employee of a county, an individual with whom the public official, public member, or public employee is associated, or a business with which the public official, public member, or public employee is associated may not knowingly represent a person before an agency, unit, or subunit of that county for which the public official, public member, or public employee has official responsibility except:
(a) as required by law; or
(b) before a court under the unified judicial system."
SECTION 3. Section 8-13-740(A)(5) of the 1976 Code is amended to read:
"(5) A public official, public member, or public employee of a municipality, an individual with whom the public official, public member, or public employee is associated, or a business with which the public official, public member, or public employee is associated may not knowingly represent a person before any agency, unit, or subunit of that municipality for which the public official, public member, or public employee has official responsibility except as required by law."
SECTION 4. This act takes effect upon approval by the Governor./
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 96 (Word version) -- Senators Sheheen and Fair: A BILL TO AMEND CHAPTER 6, TITLE 61 OF THE 1976 CODE BY ADDING SECTION 61-6-4155, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO USE, OFFER FOR USE, PURCHASE, OFFER TO PURCHASE, SELL, OFFER TO SELL, OR POSSESS AN ALCOHOL WITHOUT LIQUID DEVICE, AND TO PROVIDE PENALTIES AND EXCEPTIONS.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
The Judiciary Committee proposed the following amendment (JUD0096.002), which was adopted:
Amend the bill, as and if amended, page 2, in Section 61-6-4155, as contained in SECTION 1, by striking lines 11 though 16 in their entirety and inserting therein the following:
/ (D) This section shall not apply to a health care provider that operates primarily for the purpose of conducting scientific research, a state institution conducting bona fide research, a private college or university conducting bona fide research, or to a pharmaceutical company or biotechnology company conducting bona fide research."/
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 366 (Word version) -- Senators Hayes, Land, Courson, Matthews, Grooms and Richardson: A BILL TO AMEND SECTION 6-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTING BY COUNTIES AND MUNICIPALITIES TO THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, SO AS TO CHANGE THE REPORTING DATE; TO AMEND SECTION 6-1-320, AS AMENDED, RELATING TO THE LIMIT ON PROPERTY TAX MILLAGE INCREASES, SO AS TO PROVIDE THAT A REDUCTION IN POPULATION AND A DECLINE IN THE CONSUMER PRICE INDEX DOES NOT DECREASE THE APPLICABLE LIMIT; TO AMEND SECTIONS 11-11-155 AND 11-11-156, RELATING TO THE HOMESTEAD EXEMPTION FUND AND THE MANNER IN WHICH THE SCHOOL DISTRICTS OF THE STATE RECEIVE REVENUES FROM THE HOMESTEAD EXEMPTION FUND, SO AS TO CLARIFY THE METHOD OF DETERMINING AND CALCULATING THESE PAYMENTS, PROVIDING THE SCHEDULE OF THE PAYMENTS TO SCHOOL DISTRICTS, SPECIFYING THE SOURCE OF THE TWO AND ONE-HALF MILLION DOLLAR MINIMUM PAYMENT TO A COUNTY FOR SCHOOL DISTRICTS IN THE COUNTY, AND SPECIFYING WHEN A REMAINING BALANCE IN THE HOMESTEAD EXEMPTION FUND IS REMITTED TO COUNTIES FOR PURPOSES OF THE COUNTY OPERATING MILLAGE PROPERTY TAX CREDIT FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY; TO AMEND SECTION 12-37-670, AS AMENDED, RELATING TO THE OPTIONAL ACCELERATION OF LISTING REAL PROPERTY FOR PROPERTY TAX, SO AS TO ALLOW A COUNTY ORDINANCE IMPLEMENTING THE ACCELERATION TO USE A MONTHLY, QUARTERLY, OR SEMI-ANNUAL SCHEDULE, PROVIDE FOR THE ASSESSOR TO DO THESE LISTINGS, ELIMINATE PROVISIONS PROVIDING FOR PAYMENT IN THE SUCCEEDING TAX YEAR, AND PROVIDE THAT ADDITIONAL TAX IS DUE ON THE VALUE OF THE IMPROVEMENTS LISTED WITHOUT REGARD TO A TAX RECEIPT ISSUED EARLIER FOR PAYMENT ON THE UNIMPROVED PROPERTY; TO AMEND SECTIONS 12-37-3130, 12-37-3140, AND 12-37-3150, RELATING TO DEFINITIONS, VALUATION, AND ASSESSABLE TRANSFER OF INTEREST, FOR PURPOSES OF THE SOUTH CAROLINA REAL PROPERTY VALUATION REFORM ACT, SO AS TO DELETE REFERENCES TO "BENEFICIAL USE", TO REVISE THE DEFINITION OF "CONVEYANCE", AND PROVIDE THAT TRANSFERS OCCUR WHEN INSTRUMENTS ARE EXECUTED WITHOUT REFERENCE TO THE DATE OF RECORDING AND TO PROVIDE THAT FAILURE TO RECORD GIVES RISE TO NO INFERENCE OR TO WHETHER OR NOT A TRANSFER HAS OCCURRED, TO CLARIFY THE DATE AND PROPERTY TAX YEAR FOR WHICH REVISED VALUES APPLY, DELETE UNIT VALUATION REAL PROPERTY FROM THE APPLICABLE LIMITS, AND PROVIDE THAT THE TRANSFER OF AN INTEREST IN A TIMESHARE UNIT DOES NOT RESULT IN AN ASSESSABLE TRANSFER OF INTEREST; AND TO AMEND SECTION 12-60-2510, AS AMENDED, RELATING TO PROPERTY TAX APPEALS, SO AS TO PROVIDE THAT IN NONREASSESSMENT YEARS, AN APPEAL MADE BEFORE THE FIRST PENALTY DATE FOR TAXES FOR THE YEAR APPLIES FOR THAT YEAR AND AN APPEAL FILED ON OR AFTER THAT DATE APPLIES FOR THE NEXT YEAR.
Senator THOMAS objected to consideration.
S. 66 (Word version) -- Senators Martin, Cromer, Vaughn, Knotts, Cleary, Leatherman, Verdin, Fair and Alexander: A BILL TO AMEND SECTIONS 61-4-90 AND 61-6-4070 OF THE 1976 CODE, RELATING TO THE TRANSFER OF AN ALCOHOLIC BEVERAGE TO A MINOR, TO PROVIDE THAT IT IS UNLAWFUL TO TRANSFER AN ALCOHOLIC BEVERAGE TO A PERSON UNDER THE AGE OF TWENTY-ONE YEARS REGARDLESS OF THE MINOR'S INTENT.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
The Judiciary Committee proposed the following amendment (JUD0066.002), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 61-4-80 of the 1976 Code is amended to read:
"Section 61-4-80. It is unlawful for a person who purchases beer or wine while on licensed premises to give the beer or wine to a person to whom beer or wine cannot lawfully be sold, for consumption on the premises. A person who violates this section must, upon conviction, be fined not less than fifty nor more than one hundred dollars or imprisoned for not more than thirty days."
SECTION 2. The first unnumbered paragraph of Section 61-4-90 of the 1976 Code is amended to read:
"Section 61-4-90. It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption beer or wine at any place in the State. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. A person found guilty of a violation of Section 61-6-4070 and this section may not be sentenced under both sections for the same offense."
SECTION 3. The first unnumbered paragraph of Section 61-6-4070 of the 1976 Code is amended to read:
"Section 61-6-4070. It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption alcoholic liquors at any place in the State. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. A person found guilty of a violation of Section 61-4-90 and this section may not be sentenced under both sections for the same offense."
SECTION 4. Section 56-1-746(A) of the 1976 Code is amended to read:
"Section 56-1-746. (A) The Department of Motor Vehicles shall suspend the driver's license of any a person convicted of the offenses contained in Sections 56-1-510(2), 56-1-510(5), 56-1-515, 61-4-50, 61-4-60, 61-4-80, 61-4-90, 61-6-4070, 61-6-4080, 20-7-8920, and 20-7-8925 as follows:
(1) for a conviction for a first offense, for a period of ninety days;
(2) for a conviction for a second or subsequent offense, for a period of six months."
SECTION 5. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
Senator LEVENTIS objected to further consideration of the Bill.
S. 59 (Word version) -- Senators Ford and Knotts: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO PROVIDE THAT A QUALIFIED ELECTOR MEETING CERTAIN REQUIREMENTS MUST BE PERMITTED TO VOTE BY ABSENTEE BALLOT BY MAIL, AND THAT ANY QUALIFIED ELECTOR MUST BE PERMITTED TO VOTE BY ABSENTEE BALLOT IN ANY ELECTION IN WHICH HE IS ENTITLED TO VOTE FOR ANY REASON IF THE QUALIFIED ELECTOR APPEARS IN PERSON TO CAST AN ABSENTEE BALLOT AS PROVIDED BY LAW.
On motion of Senator SETZLER, with unanimous consent, the Bill was carried over.
S. 196 (Word version) -- Senators Ritchie, McConnell, Richardson, Mescher and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "FAMILY COURT REFORM ACT OF 2007", BY AMENDING SECTION 15-36-10, AS AMENDED, RELATING TO LIABILITY FOR ATTORNEY'S FEES AND COSTS OF FRIVOLOUS SUITS, TO CLARIFY THAT AN ACTION IN FAMILY COURT IS SUBJECT TO THE SOUTH CAROLINA FRIVOLOUS CIVIL PROCEEDINGS SANCTIONS ACT AND MANDATE SANCTIONS FOR MULTIPLE FINDINGS OF FRIVOLOUS SUITS; TO AMEND SECTION 20-3-130, RELATING TO THE AWARD OF ALIMONY AND OTHER ALLOWANCES IN DIVORCE CASES, TO ELIMINATE ADULTERY AS A PROHIBITION TO AN AWARD OF ALIMONY, TO CREATE A CATEGORY OF "LIMITED ALIMONY", TO CREATE A REBUTTABLE PRESUMPTION OF FINITE ALIMONY FOR SHORT-TERM MARRIAGES AND DEFINE SHORT-TERM MARRIAGES, TO MODIFY THE TIME PERIOD FOR MARITAL MISCONDUCT AS AN ALIMONY FACTOR TO THE DATE OF FILING AN ACTION FOR DIVORCE OR SEPARATE SUPPORT AND MAINTENANCE AND RELATING TO THE PAYMENT OF ALIMONY AND SEPARATE MAINTENANCE AND SUPPORT IN DIVORCE PROCEEDINGS, TO REQUIRE THAT ALL PAYMENTS MADE BY THE PAYOR MUST BE MADE THROUGH THE CLERK OF COURT UNLESS THE PAYOR SPOUSE DEMONSTRATES THAT HE WILL NOT DEFAULT ON THE OBLIGATION OR PROVIDE ADEQUATE SECURITY FOR THE PAYMENT OF THE SUPPORT, AND TO REQUIRE THAT IF THE PAYOR SPOUSE IS EVER TEN DAYS OR MORE LATE IN PAYING HIS OBLIGATION, THEN, UPON THE FILING OF AN AFFIDAVIT BY THE PAYEE SPOUSE, ALL FUTURE PAYMENTS, ALONG WITH A SERVICE FEE, MUST BE MADE THROUGH THE CLERK OF COURT; TO AMEND TITLE 20, RELATING TO THE CHILDREN'S CODE, BY ADDING CHAPTER 6, ENTITLED THE "SOUTH CAROLINA FAMILY COURT HEARING OFFICER ACT", TO ESTABLISH FAMILY COURT HEARING OFFICERS; TO AMEND CHAPTER 7 OF TITLE 20, RELATING TO THE PAYMENT OF CHILD SUPPORT, BY ADDING SECTION 20-7-93, TO REQUIRE THAT IN CHILD SUPPORT ORDERS, THE PAYMENT MUST BE MADE THROUGH THE CLERK OF COURT UNLESS THE PAYOR SPOUSE DEMONSTRATES THAT HE WILL NOT DEFAULT ON THE OBLIGATION OR PROVIDES ADEQUATE SECURITY FOR THE PAYMENT OF THE SUPPORT; TO AMEND SECTION 20-7-420, RELATING TO THE JURISDICTION OF FAMILY COURT IN DOMESTIC MATTERS, TO ADD A SUBSECTION CONCERNING FAMILY COURT JURISDICTION IN FRIVOLOUS MATTERS AND TO MANDATE THAT JUDGES SANCTION PARTIES WITH TWO OR MORE PRIOR DETERMINATIONS OF FILING A FRIVOLOUS CLAIM OR MOTION; TO AMEND SECTION 20-7-472, RELATING TO THE EQUITABLE APPORTIONMENT AND CRITERIA OF MARITAL PROPERTY, TO MODIFY THE TIME PERIOD FOR MARITAL MISCONDUCT AS AN EQUITABLE DISTRIBUTION FACTOR TO THE DATE OF FILING AN ACTION FOR DIVORCE OR SEPARATE SUPPORT AND MAINTENANCE; TO AMEND SECTION 20-7-570, RELATING TO A FALSE REPORT OF SUSPECTED CHILD ABUSE OR NEGLECT MADE MALICIOUSLY OR IN BAD FAITH, TO MANDATE THAT JUDGES SANCTION THE REPORTING PARTY UPON A SECOND OR SUBSEQUENT DETERMINATION OF MAKING A FALSE REPORT MALICIOUSLY OR IN BAD FAITH; AND TO AMEND TITLE 20, BY ADDING CHAPTER 8, ENTITLED THE "SOUTH CAROLINA FAMILY LAW MEDIATION ACT", TO MANDATE MEDIATION IN ALL DOMESTIC RELATIONS ACTIONS IN FAMILY COURT, TO PROVIDE FOR EXCEPTIONS WHERE MEDIATION IS NOT REQUIRED AND EXCEPTIONAL CIRCUMSTANCES WHERE MEDIATION MAY BE WAIVED, TO PROVIDE A TIMEFRAME WITHIN WHICH MEDIATION MUST BE ACCOMPLISHED, AND TO PROVIDE THAT NO FINAL HEARING IN A DOMESTIC RELATIONS ACTION SHALL BE SCHEDULED UNTIL MEDIATION IS COMPLETED IN THE MATTER, UNLESS IT IS EXEMPTED OR EXCEPTED FROM MEDIATION.
On motion of Senator RITCHIE, with unanimous consent, the Bill was carried over.
S. 40 (Word version) -- Senators Ford, Knotts and Jackson: A BILL TO AMEND SECTION 2-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO MAKE A TECHNICAL CHANGE AND PROVIDE THAT NO MEMBER IS ELIGIBLE TO SEEK JUDICIAL OFFICE WHILE SERVING ON THE COMMISSION AND FOR ONE YEAR THEREAFTER; TO AMEND SECTION 2-19-20, AS AMENDED, RELATING TO THE RESPONSIBILITY OF THE COMMISSION TO INVESTIGATE THE QUALIFICATIONS OF CANDIDATES AND TO PUBLICIZE VACANCIES IN JUDICIAL OFFICES, SO AS TO MAKE TECHNICAL CHANGES TO CLARIFY THAT PERSONS DO NOT SEEK TO BE NOMINATED BY THE COMMISSION BUT, RATHER, SEEK JUDICIAL OFFICE; TO AMEND SECTION 2-19-30, AS AMENDED, BY ADDING A PROVISION THAT, WHEN THE COMMISSION FINDS A CANDIDATE UNQUALIFIED, THE CANDIDATE MUST BE FURNISHED A COPY OF THE COMMISSION'S REPORT CONCERNING HIS QUALIFICATIONS, AND TO PROVIDE FURTHER THAT THE REPORT MUST BE KEPT CONFIDENTIAL; TO AMEND SECTION 2-19-35, AS AMENDED, RELATING TO THE CRITERIA CONSIDERED BY THE COMMISSION IN DETERMINING THE QUALIFICATIONS OF CANDIDATES FOR JUDICIAL OFFICE, SO AS TO MAKE A TECHNICAL CHANGE BY CHANGING THE TERM "MAKING NOMINATIONS" TO "DETERMINING QUALIFICATIONS"; TO AMEND SECTION 2-19-70, AS AMENDED, RELATING TO THE PRIVILEGE OF THE FLOOR IN EITHER HOUSE OF THE GENERAL ASSEMBLY AND RELATING TO THE SEEKING OF PLEDGES OF MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THE JUDICIAL CANDIDATE IS NOT PERMITTED ON THE FLOOR DURING THE TIME HE IS LISTED AS A QUALIFIED CANDIDATE AND THE ELECTION IS PENDING, AND TO FURTHER PROVIDE THAT THE COMMISSION SHALL RELEASE A LIST OF QUALIFIED CANDIDATES RATHER THAN RELEASING ITS NOMINEES; TO AMEND SECTION 2-19-80, AS AMENDED, RELATING TO THE COMMISSION SELECTING THE THREE BEST QUALIFIED CANDIDATES FOR A JUDICIAL OFFICE AS ITS NOMINEES, SO AS TO REQUIRE THE COMMISSION TO RELEASE A LIST OF ALL QUALIFIED CANDIDATES FOR THE OFFICE, AND TO FURTHER PROVIDE THAT THE LIST OF CANDIDATES IS BINDING ON THE GENERAL ASSEMBLY, AND TO PROVIDE FURTHER CONFORMING CHANGES; AND TO AMEND SECTION 2-19-90, RELATING TO THE JOINT SESSION OF THE GENERAL ASSEMBLY HELD FOR THE ELECTION OF JUDGES, SO AS TO PROVIDE THE CHAIRMAN OF THE COMMISSION SHALL ANNOUNCE THE LIST OF QUALIFIED CANDIDATES FOR EACH JUDICIAL ELECTION.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
The Judiciary Committee proposed the following amendment (JUD0040.004), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 2-19-10(G) of the 1976 Code is amended to read:
"(G) No member of the Judicial Merit Selection Commission is eligible for nomination and appointment to seek judicial office as a judge or justice of the state court system or administrative law judge division while serving on the commission and for a period of one year thereafter."
SECTION 2. Section 2-19-20 of the 1976 Code is amended to read:
"Section 2-19-20. (A) It is the responsibility of the Judicial Merit Selection Commission to determine when judicial vacancies are to will occur in the administrative law judge division court and on the family court, circuit court, court of appeals, or Supreme Court and to expeditiously investigate in advance the qualifications of those who seek nomination judicial office. For purposes of this chapter, a vacancy is created in the administrative law judge division court or on the family court, circuit court, court of appeals, or Supreme Court when any of the following occurs:
(1) a term expires;
(2) a new judicial position is created; or
(3) a judge can no longer serve due to resignation, retirement, disciplinary action, disability, or death.
(B) The commission, upon receiving notice of a judicial vacancy, ascertaining that a judicial vacancy shall will occur, or receiving the decision of an incumbent judge regarding his seeking re-election, shall notify the Supreme Court of the vacancy for publication in the advance sheets provided by the Clerk of the Supreme Court at least thirty days prior to closing applications for the vacancy. The commission also shall, if practicable, also notify the South Carolina Bar, if practicable, other professional legal organizations it considers appropriate, and each newspaper of this State with daily circulation of the vacancy at least thirty days prior to closing applications for the vacancy. This notice must include, but not be limited to, the judicial office in which the vacancy occurs, the address to which, and the date by which interested candidates may apply.
(C) The Judicial Merit Selection Commission shall announce and publicize vacancies and forthcoming vacancies in the administrative law judge division court, on the family court, circuit court, court of appeals, and Supreme Court. A person who desires to be considered for nomination as justice or judge may make application to the commission. No person may concurrently seek more than one judicial vacancy. The commission shall announce the names of those persons who have applied.
(D) Any person wishing to seek a judicial office, which is elected by the General Assembly, shall file a notice of intention to seek the office with the Judicial Merit Selection Commission. Upon receipt of the notice of intention, the commission shall begin to conduct the investigation of the candidate as it considers appropriate and may in the investigation may utilize the services of any agency of state government. This Upon request, the agency shall, upon request, cooperate fully with the commission."
SECTION 3. Section 2-19-25 of the 1976 Code is amended to read:
"Section 2-19-25. The Judicial Merit Selection Commission is authorized to investigate and obtain information relative to any candidate for an administrative law judgeship or a court, family court, circuit court, court of appeals, or Supreme Court judgeship from any state agency or other group including, but not limited to, court administration and any law enforcement agency, to the extent permitted by law. The chairman of the commission shall notify the President of the South Carolina Bar of the judgeships to be filled and of the candidates for those judgeships no later than four weeks before the scheduled date for the public hearing. The chairman of the commission shall also shall request the South Carolina Bar to offer the commission an assessment of each candidate's qualifications for the judgeship sought, and the date by which the assessment must be returned to the commission. This assessment must specify the bar's finding as to whether each candidate is qualified or unqualified for the judgeship sought and the reasons for that finding. The commission may receive the bar's assessment in that form and at that time it desires but shall attach the assessments to its findings of fact in such a form as that the commission considers appropriate. Failure of the bar to return the assessment by the date requested is not a ground for delaying the applicable hearings or election."
SECTION 4. Section 2-19-30 of the 1976 Code is amended to read:
"Section 2-19-30. (A) Upon completion of the investigation, the Chairman of the Judicial Merit Selection Commission shall schedule a public hearing concerning the qualifications of the candidates. Any person who desires to testify at the hearing, including candidates, shall furnish a written statement of his proposed testimony to the commission. The statements must be furnished no later than forty-eight hours before the date and time set for the hearing. The commission shall determine the persons who shall to testify at the hearing. All testimony, including documents furnished to the commission, must be submitted under oath and persons knowingly furnishing false information either orally or in writing are subject to the penalties provided by law for perjury and false swearing.
(B) During the course of the investigation, the commission may schedule an executive session at which each candidate, and other persons whom the commission wishes to interview, may be interviewed by the commission on matters pertinent to the candidate's qualification for the office to be filled.
(C) A After a reasonable time thereafter, the commission shall render its tentative findings as to whether the candidate is qualified for the office to be filled and its reasons therefor for the findings as to each candidate.
(D) As soon as possible after the completion of the hearing, a verbatim copy of the testimony, documents submitted at the hearing, and findings of fact must be transcribed and published or otherwise made available in a reasonable number of copies to the members of both houses prior to the date of the scheduled election, and a copy thereof shall must be furnished to each candidate and anyone else upon request. A charge for these copies may be made as authorized in the Freedom of Information Act.
(E) A candidate may withdraw at any stage of the proceedings and in this event no further inquiry or consideration of his candidacy shall be made. All materials concerning that candidate including his report, transcript, application, materials, and other information gathered during the commission's investigation must be kept confidential and destroyed as soon as possible after the candidate's written notification to the commission of his withdrawal. The information concerning a withdrawn candidate also shall be is exempt from disclosure pursuant to Chapter 4 of Title 30."
SECTION 5. Section 2-19-35 of the 1976 Code is amended to read:
"Section 2-19-35. (A) The responsibility of the Judicial Merit Selection Commission is to investigate and consider the qualifications of the candidates for judicial office in the administrative law judge division court or on the family court, circuit court, court of appeals, or Supreme Court. Investigations and consideration of the commission should include, but are not limited to, the following areas:
(1) constitutional qualifications;
(2) ethical fitness;
(3) professional and academic ability;
(4) character;
(5) reputation;
(6) physical health;
(7) mental stability;
(8) experience; and
(9) judicial temperament.
(B) In making nominations, race, gender, national origin, and other demographic factors should be considered by the commission to ensure nondiscrimination to the greatest extent possible as to all segments of the population of the State."
SECTION 6. Section 2-19-70 of the 1976 Code is amended to read:
"Section 2-19-70. (A) No A member of the General Assembly may not be elected to a judicial office while he is serving in the General Assembly nor shall that person be elected to a judicial office for a period of one year after he either:
(1) ceases to be a member of the General Assembly; or
(2) fails to file for election to the General Assembly in accordance with Section 7-11-15.
(B) The privilege of the floor in either house of the General Assembly may must not be granted to any candidate or any immediate family member of a candidate unless the family member is serving in the General Assembly, during the time the candidate's:
(1) application is pending before the commission and during the time his nomination is pending;
(2) determination of qualification by the commission for election to a particular judicial office is pending before the commission; or
(3) election is pending in the General Assembly.
(C)(1) No A person who plans to seek judicial office or a candidate for judicial office may must not:
(a) seek, directly or indirectly, the pledge of a member of the General Assembly's vote; or,
(b) contact, directly or indirectly, contact a member of the General Assembly regarding screening for the judicial office until the qualifications of all candidates for that office have been determined by the Judicial Merit Selection Commission and the commission has formally released its report as to the qualifications of all candidates for the vacancy to the General Assembly.
(2) No A member of the General Assembly may must not directly or indirectly offer his pledge to any person who plans to seek any judicial office or to any candidate until:
(a) the qualifications of all candidates for that office have been determined by the Judicial Merit Selection Commission; and until
(b) the commission has formally released its report as to the qualifications of its nominees to the General Assembly.
(3) The formal release of the report of qualifications shall occur no earlier than forty-eight hours after the nominees have been initially released to members of the General Assembly. For purposes of this section, 'indirectly seeking a pledge' means the candidate, or someone acting on behalf of and at the request of the candidate, requesting requests a person to contact a member of the General Assembly on behalf of the candidate before nominations for that office are formally made by the commission. The prohibitions of this section do not extend to an announcement of candidacy by the candidate and statements by the candidate detailing the candidate's qualifications.
(D) No A member of the General Assembly may must not trade anything of value, including pledges to vote for legislation or for other candidates, in exchange for another member's pledge to vote for a candidate for judicial office.
(E) Violations of this section may must be considered by the merit selection commission when it considers the candidate's qualifications. Violations of this section by members of the General Assembly shall must be reported by the commission to the House or Senate Ethics Committee, as may be applicable. Violations of this section by nonlegislative commission members shall must be reported by the commission to the State Ethics Commission. A violation of this section is a misdemeanor and, upon conviction, the violator must be fined not more than one thousand dollars or imprisoned not more than ninety days. Cases tried under this section may must not be transferred from general sessions court pursuant to notwithstanding the provisions of Section 22-3-545."
SECTION 7. Section 2-19-80 of the 1976 Code is amended to read:
"Section 2-19-80. (A) The commission shall make nominations to the General Assembly of candidates and their qualifications for election to the Supreme Court, court of appeals, circuit court, family court, and the administrative law judge division. It shall review the qualifications of all applicants for a judicial office and select therefrom and submit to the General Assembly the names and qualifications of the three candidates whom it considers best qualified for the judicial office under consideration. If fewer than three persons apply to fill a vacancy or if the commission concludes there are fewer than three candidates qualified for a vacancy, it shall submit to the General Assembly only the names and qualifications of those who are considered to be qualified, with a written explanation for submitting fewer than three names.
(B) The nominations of the commission for any judgeship are binding on the General Assembly, and it shall not elect a person not nominated by the commission. Nothing shall prevent the General Assembly from rejecting all persons nominated. In this event, the commission shall submit another group of names and qualifications for that position. Further nominations in the manner required by this chapter must be made until the office is filled.
(C)(1) If the commission does not find the incumbent justice or judge qualified for the judicial office held and sought, his name shall not be submitted to the General Assembly for re-election and upon expiration of his then current term of office, he shall cease serving in that judicial position.
(2) If the commission finds an incumbent judge not qualified for the office sought, or if an incumbent judge dies, withdraws, or becomes otherwise disqualified for the office sought between the time he makes application for the office and the date of the election therefor, the election for the office may not be held at that scheduled time, and the commission shall proceed in accordance with the provisions of this chapter to make other nominations for the office as though a new vacancy without an incumbent exists in that office, including reopening the application process with all required notices. Nothing prevents the commission from including in its new nominations the names and qualifications of persons other than the incumbent judge it included in its previous nominations.
(D) The commission shall accompany its nominations to the General Assembly with reports or recommendations as to the qualifications of particular candidates.
(E) A period of at least two weeks must elapse between the date of the commission's nominations to the General Assembly and the date the General Assembly conducts the election for these judgeships.
(A)(1) The commission shall make nominations and reports of judicial candidates for election to the Supreme Court, court of appeals, circuit court, family court, and the administrative law court, only as provided in this section, and shall make its nominations based upon the candidates' qualifications.
(2) Prior to making nominations, the commission shall review the qualifications of all applicants for a judicial office and select therefrom and submit to the General Assembly the names of no more than three candidates, except as provided in item (3).
(3) In the event the commission finds by a vote of two-thirds of the members physically present and voting without using a proxy that nominating only three candidates would deprive the General Assembly of the opportunity to consider for election a candidate or candidates whose qualifications are of substantially the same level as those three qualified candidates receiving the highest number of votes for nomination, the commission may nominate additional candidates meeting these criteria not to exceed a total of five nominations.
(4) If fewer than three persons apply to fill a vacancy or if the commission concludes there are fewer than three candidates qualified for a vacancy, the commission shall submit to the General Assembly:
(a) only the names found to be qualified for nomination;
(b) the report of those candidates who are considered to be qualified; and
(c) a written explanation for submitting fewer than three names.
(5) Any vote by the commission concerning the qualifications and nomination of the candidates must be in open session with each member's vote recorded separately.
(B) The nominations of the commission for any judgeship are binding on the General Assembly, and the General Assembly shall not elect a person not nominated by the commission. Nothing shall prevent the General Assembly from rejecting all persons nominated. In this event, the commission shall submit another report of qualifications of candidates for that position. Further nominations in the manner required by this chapter must be made until the office is filled.
(C)(1) If the commission does not find the incumbent justice or judge qualified for the judicial office held and sought, the incumbent's name shall not be submitted to the General Assembly for re-election and upon expiration of his then current term of office, he shall cease serving in that judicial position.
(2) If the commission finds an incumbent judge not qualified for the office sought, or if an incumbent judge dies, withdraws, or becomes otherwise disqualified for the office sought between the time he makes application for the office and the date of the election therefor, the election for the office must not be held at that scheduled time, and the commission shall proceed in accordance with the provisions of this chapter to make other nominations for the office as though a new vacancy without an incumbent exists in that office, including reopening the application process with all required notices. Nothing prevents the commission from including in its new nominations the names and qualifications of persons other than the incumbent judge it included in its previous nominations.
(D) The commission shall accompany its nominations to the General Assembly with reports or recommendations as to the qualifications of particular candidates.
(E) A period of at least two weeks must elapse between the date of the commission's release of the report of qualifications of candidates to the General Assembly and the date the General Assembly conducts the election for these judgeships."
SECTION 8. Section 20-7-1370A of the 1976 Code is amended to read:
"Section 20-7-1370. A. No person shall be eligible for election to the office of family court judge who is not, at the time of his assuming the duties of such office, a citizen of the United States and of this State, and has not attained the age of thirty-two years, has not been a licensed attorney at law for at least eight years, and has not been a resident of this State for five years next preceding his election, and is not a resident of the circuit for at least one year wherein the family court of which he is a judge is located. Notwithstanding any other provision of law, any former member of the General Assembly may be elected to the office of family court judge.
Any family court judge serving in office on the effective date of the provisions of this section requiring a family court judge to be at least thirty-two years of age and to have at least eight years of service as a licensed attorney at law who is not of that age or who has not been licensed for this required period of time may continue to serve for the remainder of his current term and is considered to have the requisite age and years of service as a licensed attorney at law for purposes of future re-elections to the office of family court judge."
SECTION 9. If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 10. This act takes effect upon approval by the Governor. /
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
On motion of Senator RITCHIE, the Bill was carried over, as amended.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
Senator MARTIN rose for an Expression of Personal Interest.
S. 50 (Word version) -- Senators Ford and Knotts: A BILL TO AMEND SECTION 61-2-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION AND ENFORCEMENT OF THE ALCOHOLIC BEVERAGE CONTROL ACT AND THE ADMINISTRATION AND ENFORCEMENT OF LAWS AND REGULATIONS RELATING TO BEER, ALE, PORTER, AND WINE, SO AS TO PROVIDE THAT THE ADMINISTRATION AND ENFORCEMENT OF THESE LAWS IS RESERVED TO THE STATE AND TO PROVIDE THAT LOCAL ORDINANCES ATTEMPTING TO REGULATE THESE MATTERS ARE UNENFORCEABLE, AND TO AMEND SECTION 61-4-120, AS AMENDED, RELATING TO THE PROHIBITION ON SUNDAY BEER AND WINE SALES AND THE EXCEPTIONS TO THIS PROHIBITION, SO AS TO PROVIDE THAT BEER AND WINE MAY BE SOLD OR OFFERED FOR SALE AT ALL HOURS EXCEPT THOSE HOURS WHEN SUCH SALES ARE PROHIBITED BY STATE LAW AND TO PROVIDE THAT CONFLICTING MUNICIPAL AND COUNTY ORDINANCES ARE UNENFORCEABLE.
Senator LEATHERMAN moved that the Bill be recalled from the Committee on Finance.
The Bill was recalled from the Committee on Finance.
On motion of Senator LEATHERMAN, the Bill was committed to the Committee on Judiciary.
S. 55 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 12-33-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE TAXES GRANTED PURSUANT TO THE PROVISIONS OF TITLE 61, THE ALCOHOL BEVERAGE CONTROL ACT, SO AS TO PROVIDE A TAX ON A LICENSED RETAIL DEALER WITH A WHOLESALER'S BASIC PERMIT ISSUED PURSUANT TO THE FEDERAL ALCOHOLIC ADMINISTRATION ACT; TO AMEND SECTION 12-33-245, AS AMENDED, RELATING TO THE EXCISE TAX ON THE GROSS PROCEEDS OF THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK, SO AS TO REPLACE THE EXCISE TAX WITH A LICENSE TAX ON WHOLESALERS IMPOSED AT THE RATE OF SIXTY-SIX CENTS A LITER; AND TO AMEND SECTION 12-36-90, AS AMENDED, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SOUTH CAROLINA SALES TAX ACT, SO AS TO DELETE AN OBSOLETE REFERENCE TO THE FORMER EXCISE TAX ON THE GROSS PROCEEDS OF THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK.
Senator LEATHERMAN moved that the Bill be recalled from the Committee on Finance.
The Bill was recalled from the Committee on Finance.
On motion of Senator LEATHERMAN, the Bill was committed to the Committee on Judiciary.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
At 11:57 A.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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