Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
We read in the first verse of Psalm 40 that:
"I waited patiently for the Lord; he inclined to me and heard my cry." (Psalm 40:1)
Please, friends, let us pray:
Our hearts grieve, O Lord. We ourselves are blown away by the overwhelming tragedies that have befallen so many of our sisters and brothers around the globe and across this land: the continuing saga of the human survivors and the enormity of loss of life in Myanmar; the devastation wrought by violent storms and roaring tornados here in the US; the major earthquake that has brought much of China to its knees. Blessed God, indeed, hear the cries of us in this Senate Chamber. Bestow Your mercy upon those who have suffered so greatly; care lovingly for those who themselves cry out for hope. It is in Your tender, merciful name, dear Lord, that we pray.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointment was transmitted by the Honorable Mark C. Sanford:
Reappointment, Scenic Highways Committee, with the term to commence July 14, 2008, and to expire July 14, 2010
Outdoor Advertising:
Douglas W. McFarland, 926 Trowman Lane, Mt. Pleasant, SC 29464
Referred to the Committee on Transportation.
The Honorable André Bauer
President of the Senate
State House, 1st Floor East Wing
Columbia, South Carolina 29202
Dear Mr. President and Members of the Senate:
I am vetoing and returning without my approval S. 990, R-206.
(R206, S990 (Word version)) -- Senators Martin, Ford, Ritchie, Knotts, Cleary and Malloy: AN ACT TO AMEND SECTION 2-19-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC HEARINGS BEFORE THE JUDICIAL MERIT SELECTION COMMISSION, 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 INSTEAD OF FORTY-EIGHT HOURS PRIOR TO THE DATE AND TIME SET FOR THE HEARING UNLESS SUFFICIENT CAUSE IS SHOWN BY THE SUBMITTING INDIVIDUAL.
This Bill mandates that any person who wants to testify before the Judicial Merit Selection Commission must submit a written statement of their proposed testimony to the Commission at least two weeks prior to the hearing date.
While I appreciate the desire to allow for more time to investigate claims before a witness testifies, we believe this legislation is problematic on two fronts.
First, it has the potential to deny citizens their ability to testify about problems they have with judicial candidates, and a citizen's right to speak out against their elected officials is the most fundamental right of any democracy. Arguably, a citizen's right to testify against judicial candidates is, in some ways, even more important because judges make decisions that have significant personal impacts on our lives. Whether it is a criminal sentencing, a divorce hearing, or a civil action, judges routinely make decisions that have a direct impact on citizens. Given
Second, we believe that there are less restrictive actions that can be taken by the Commission if they do not think they have enough information to go forward with testimony on the scheduled hearing date. For example, in the event that the Commission does not believe they have enough information to fully discuss an allegation raised by a witness, the Commission has the capacity to postpone the hearing for two weeks - or however long it takes - to further investigate the claim. This action can be taken by the Commission without jeopardizing future generations' ability to speak at judicial hearings.
For these reasons, I am vetoing and returning without my approval S. 990, R-206.
Sincerely,
Mark Sanford
(R206, S990 (Word version)) -- Senators Martin, Ford, Ritchie, Knotts, Cleary and Malloy: AN ACT TO AMEND SECTION 2-19-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC HEARINGS BEFORE THE JUDICIAL MERIT SELECTION COMMISSION, 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 INSTEAD OF FORTY-EIGHT HOURS PRIOR TO THE DATE AND TIME SET FOR THE HEARING UNLESS SUFFICIENT CAUSE IS SHOWN BY THE SUBMITTING INDIVIDUAL.
The veto of the Governor was taken up for immediate consideration.
Senator RITCHIE spoke on the veto.
Senator RITCHIE moved that the veto of the Governor be overridden.
The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Bryant Campbell Campsen Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Ryberg Scott Setzler Sheheen Short Thomas Vaughn Verdin Williams
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Senator LOURIE introduced Dr. Fatimah O. Ndiaye of Columbia, S.C., Doctor of the Day.
Senator HAWKINS rose for an Expression of Personal Interest.
S. 1297 (Word version) -- Senator Hawkins: A BILL TO AMEND ACT 890 OF 1976, AS AMENDED, RELATING TO THE HOLLY SPRINGS VOLUNTEER FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO CHANGE THE NAME OF THE DISTRICT TO THE "HOLLY SPRINGS FIRE-RESCUE DEPARTMENT".
Senator HAWKINS asked unanimous consent to make a motion to recall the Bill from the Spartanburg County Legislative Delegation.
There was no objection and the Bill was recalled from the Spartanburg County Legislative Delegation.
Senator HAWKINS asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator HAWKINS proposed the following amendment (1297R001.JDH), which was adopted:
Amend the bill, as and if amended, on page 1, by striking line 26 and inserting:
/ District." /
Renumber sections to conform.
Amend title to conform.
Senator HAWKINS explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
The following were introduced:
S. 1368 (Word version) -- Senator Cromer: A SENATE RESOLUTION TO RECOGNIZE AND HONOR THE CHAPIN GARDEN CLUB FOR ITS VOLUNTEER WORK IN THE CHAPIN COMMUNITY AND TO CONGRATULATE JUANITA MOTELY, SHOW CHAIRMAN, AND THE MEMBERS UPON THE OCCASION OF THEIR SEVENTIETH ANNIVERSARY.
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The Senate Resolution was adopted.
S. 1369 (Word version) -- Senators McConnell and Ford: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR AMISTAD AMERICA, INCORPORATED FOR ITS OUTSTANDING WORK IN EDUCATING CURRENT AND FUTURE GENERATIONS ON
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1370 (Word version) -- Senator Hayes: A BILL TO AMEND ACT 449 OF 1975, RELATING TO THE LEVY OF TAXES FOR YORK COUNTY SCHOOL DISTRICT NUMBER ONE, ROCK HILL SCHOOL DISTRICT NUMBER THREE, AND FORT MILL SCHOOL DISTRICT NUMBER FOUR, SO AS TO DELETE THE LIMITATION ON THE INCREASE OF SCHOOL OPERATING MILLAGE ABOVE FOUR MILLS WITHOUT VOTER APPROVAL IN A REFERENDUM; TO AMEND ACT 825 OF 1978, AS AMENDED, RELATING TO THE LEVY OF TAXES FOR CLOVER SCHOOL DISTRICT NUMBER TWO, SO AS TO DELETE THE LIMITATION ON THE INCREASE OF SCHOOL OPERATING MILLAGE ABOVE FOUR MILLS WITHOUT VOTER APPROVAL IN A REFERENDUM; TO AMEND ACT 744 OF 1990, RELATING TO AN INCREASE IN THE SCHOOL OPERATING MILLAGE CAP FROM FOUR MILLS TO SIX MILLS FOR THE FOUR YORK COUNTY SCHOOL DISTRICTS, SO AS TO DELETE THE PROVISION IN ITS ENTIRETY; AND TO AMEND SECTION 2 OF ACT 799 OF 1988, RELATING TO A VOTER REFERENDUM FOR THE INCREASE OF SCHOOL OPERATING MILLAGE IN CLOVER SCHOOL DISTRICT NUMBER TWO ABOVE FOUR MILLS, SO AS TO DELETE THE PROVISION IN ITS ENTIRETY.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
On motion of Senator HAYES, with unanimous consent, S. 1370 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 1371 (Word version) -- Senator Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 11, TITLE 55, SO AS TO ESTABLISH THE GRAND STRAND AIRPORT DISTRICT, DEFINE ITS AREA, ESTABLISH
Read the first time and referred to the Committee on Transportation.
S. 1372 (Word version) -- Senator Land: A BILL TO DESIGNATE MAP DOCUMENT NUMBERS FOR MAPS DELINEATING THE BOUNDARY BETWEEN SCHOOL DISTRICTS NO. 1 AND 2 IN CLARENDON COUNTY AND TO PROVIDE THAT THE MAPS DELINEATING THIS BOUNDARY BE FILED AND MAINTAINED IN THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
On motion of Senator LAND, with unanimous consent, S. 1372 was ordered to receive a second and third reading on the next two consecutive legislative days.
H. 5139 (Word version) -- Reps. Neilson, Lucas and Williams: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE WORK OF THE SOUTH CAROLINA SPORTS CLASSIC WHICH FOR TWENTY-ONE YEARS HAS PROVIDED PREMIER RECREATIONAL EXPERIENCES FOR ADULTS OVER FIFTY YEARS OF AGE, AND TO CONGRATULATE THE SENIOR SPORTS CLASSIC FOR ESTABLISHING A SENIOR SPORTS HALL OF FAME INTO WHICH THE 2008 MEMBERS WILL BE INDUCTED AT A CEREMONY HELD AT FRANCIS MARION UNIVERSITY ON MAY 15, 2008.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5140 (Word version) -- Reps. Neilson, Lucas and Williams: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR LEON JOHNSON FOR HIS YEARS OF ACTIVE VOLUNTEER SERVICE ON THE
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5141 (Word version) -- Reps. Neilson, Lucas and Williams: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND COKER COLLEGE, IN DARLINGTON COUNTY, UPON THE OCCASION OF ITS ONE HUNDREDTH ANNIVERSARY, AND TO CONGRATULATE THE PRESIDENT, BOARD MEMBERS, STAFF, AND FACULTY FOR PROVIDING A CENTURY OF QUALITY EDUCATION IN SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 4980 (Word version) -- Reps. Herbkersman, Merrill, E.H. Pitts, Cato, Bedingfield, Haskins, Walker, D.C. Smith, J.R. Smith, Barfield, Crawford, Davenport, Lowe, Rice, Simrill, G.R. Smith, Young, Edge and Mulvaney: A BILL TO AMEND SECTION 59-40-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPROVAL, RENEWAL, REVOCATION, AND TERMINATION OF CHARTERS FOR CHARTER SCHOOLS, SO AS TO INCREASE THE CHARTER PERIOD FROM FIVE TO TEN YEARS.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 1367 (Word version) -- Senator Elliott: A BILL TO AMEND ACT 742 OF 1946, AS AMENDED, RELATING TO THE LORIS COMMUNITY
By prior motion of Senator ELLIOTT
H. 3058 (Word version) -- Reps. W.D. Smith, Haskins, Young, G.R. Smith, Cobb-Hunter, Kirsh, Mahaffey, Sandifer, Brady, Bedingfield, Funderburk, Mitchell, M.A. Pitts, Whipper and R. Brown: A BILL TO AMEND SECTION 16-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CRIMINAL DOMESTIC VIOLENCE, SO AS TO ADD THAT CRIMINAL DOMESTIC VIOLENCE CONVICTIONS IN OTHER STATES ARE TO BE CONSIDERED WHEN DETERMINING A PREVIOUS CONVICTION FOR PURPOSES OF ENHANCING THE PENALTY.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator MALLOY proposed the following amendment (JUD3058.002), which was adopted:
Amend the committee report, as and if amended, page [3058-3], by striking lines 10-15 and inserting:
/ including, but not limited to, good-time credits. For the purposes of subsections (A) and (B), a conviction within the previous ten years for a violation of subsection (A), Section 16-25-65, or a criminal domestic violence offense in another state which includes similar elements to the provisions of subsection (A) or Section 16-25-65, constitutes a prior offense. A conviction for a violation of a criminal domestic violence offense in another state does not constitute a prior offense if the offense is committed against a person other than a 'household member' as defined in Section 16-25-10. /
Renumber sections to conform.
Amend title to conform.
Senator MALLOY explained the perfecting amendment.
The amendment was adopted.
The Committee on Judiciary proposed the following amendment (JUD3058.001), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 16-25-20 of the 1976 Code is further amended to read:
"Section 16-25-20. (A) It is unlawful to:
(1) cause physical harm or injury to a person's own household member; or
(2) offer or attempt to cause physical harm or injury to a person's own household member with apparent present ability under circumstances reasonably creating fear of imminent peril.
(B) Except as otherwise provided in this section, a person who violates subsection (A) is guilty of the misdemeanor of criminal domestic violence and, upon conviction, must be fined not less than one thousand dollars nor more than two thousand five hundred dollars or imprisoned not more than thirty days. The court may suspend the imposition or execution of all or part of the fine conditioned upon the offender completing, to the satisfaction of the court, and in accordance with the provisions of Section 16-25-20(I), a program designed to treat batterers. Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, an offense pursuant to the provisions of this subsection must be tried in summary court. Except as otherwise provided in this section, a person who violates the provisions of subsection (A) is guilty of the offense of criminal domestic violence and,
upon conviction, must be punished as follows:
(1) for a first offense, the person is guilty of a misdemeanor and must be fined not less than one thousand dollars nor more than two thousand five hundred dollars or imprisoned not more than thirty days. The court may suspend the imposition or execution of all or part of the fine conditioned upon the offender completing, to the satisfaction of the court, and in accordance with the provisions of Section 16-25-20(I), a program designed to treat batterers. Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, an offense pursuant to the provisions of this subsection must be tried in summary court;
(2) for a second offense, the person is guilty of a misdemeanor and must be fined not less than two thousand five hundred dollars nor more than five thousand dollars and imprisoned not less than a mandatory minimum of thirty days nor more than one year. The court
(3) for a third or subsequent offense, the person is guilty of a felony and must be imprisoned not less than a mandatory minimum of one year but not more than five years.
(C) A person who violates subsection (A) and who has been convicted of a violation of that subsection or of Section 16-25-65 within the previous ten years is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand five hundred dollars nor more than five thousand dollars and imprisoned not less than a mandatory minimum of thirty days nor more than one year. The court may suspend the imposition or execution of all or part of the sentence, except the thirty-day mandatory minimum sentence, conditioned upon the offender completing, to the satisfaction of the court, and in accordance with the provisions of Section 16-25-20(I), a program designed to treat batterers. If a person is sentenced to a mandatory minimum of thirty days pursuant to the provisions of this section, the judge may provide that the sentence be served two days during the week or on weekends until the sentence is completed and is eligible for early release based on credits he is able to earn during the service of his sentence, including, but not limited to, good-time credits. For the purposes of subsections (A) and (B), a conviction within the previous ten years for a violation of subsection (A), Section 16-25-65, or a criminal domestic violence offense in another state which includes similar elements to the provisions of subsection (A) or Section 16-25-65, constitutes a prior offense.
(D) A person who violates subsection (A) after previously having been convicted of two violations of subsection (A) within the previous ten years or two violations of Section 16-25-65 within the previous ten years or a violation of subsection (A) and a violation of Section 16-25-65 within the previous ten years is guilty of a felony and, upon conviction, must be imprisoned not less than a mandatory minimum of one year but not more than five years.
(E) A person who violates the terms and conditions of an order of protection issued in this State under Chapter 4, Title 20, the 'Protection from Domestic Abuse Act', or a valid protection order related to domestic or family violence issued by a court of another state, tribe, or territory is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than thirty days and fined not more than five hundred dollars.
(F)(E) Unless the complaint is voluntarily dismissed or the charge is dropped prior to the scheduled trial date, a person charged with a violation provided in this chapter must appear before a judge for disposition of the case.
(G)(F) When a person is convicted of a violation of Section 16-25-65 or sentenced pursuant to subsection (D), the court may suspend execution of all or part of the sentence, except for the mandatory minimum sentence, and place the offender on probation, conditioned upon:
(1) the offender completing, to the satisfaction of the court, a program designed to treat batterers;
(2) fulfillment of all the obligations arising under court order pursuant to this section and Section 16-25-65; and
(3) other reasonable terms and conditions of probation as the court may determine necessary to ensure the protection of the victim.
(H)(G) In determining whether or not to suspend the imposition or execution of all or part of a sentence as provided in this section, the court must consider the nature and severity of the offense, the number of times the offender has repeated the offense, and the best interests and safety of the victim.
(I)(H) An offender who participates in a batterer treatment program pursuant to this section, must participate in a program offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender must pay a reasonable fee for participation in the treatment program but no person may be denied treatment due to inability to pay. If the offender suffers from a substance abuse problem, the judge may order, or the batterer treatment program may refer, the offender to supplemental treatment coordinated through the Department of Alcohol and Other Drug Abuse Services with the local alcohol and drug treatment authorities pursuant to Section 61-12-20. The offender must pay a reasonable fee for participation in the substance abuse treatment program, but no person may be denied treatment due to inability to pay."
SECTION 2. 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 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 3326 (Word version) -- Reps. Harrison and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-23-120 SO AS TO PROVIDE A PROCEDURE WHEREBY A GOVERNMENTAL ENTITY WHICH HAS ASSUMED THE COST OF TRAINING A LAW ENFORCEMENT OFFICER MAY BE REIMBURSED FOR THESE COSTS BY A GOVERNMENTAL ENTITY THAT SUBSEQUENTLY HIRES THE LAW ENFORCEMENT OFFICER.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD3326.001), which was adopted:
Amend the bill, as and if amended, page 1, by striking lines 35-41 and inserting:
/ (C) If a law enforcement officer has satisfactorily completed his mandatory training while employed by a governmental entity of this
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.
H. 4328 (Word version) -- Reps. Harrison, Delleney, Haskins, G.M. Smith, Cotty, McLeod and Hart: A BILL TO AMEND CHAPTER 23, TITLE 1, OF THE 1976 CODE, RELATING TO STATE AGENCY RULE MAKING AND ADJUDICATION OF CONTESTED CASES, TO MAKE TECHNICAL CHANGES, TO PROVIDE THAT THE ADMINISTRATIVE LAW COURT SHALL HAVE A SEAL, TO PROVIDE FOR ENFORCEMENT OR RELIEF FROM AN AGENCY SUBPOENA, TO PROVIDE THAT THE CODE OF JUDICIAL CONDUCT SERVES AS THE SOLE GROUNDS FOR DISCIPLINE OF ADMINISTRATIVE LAW JUDGES, TO ALLOW ADMINISTRATIVE LAW JUDGES AND SPOUSES TO ACCEPT INVITATIONS TO CERTAIN JUDICIAL-RELATED FUNCTIONS, AND TO PROVIDE THAT CONTESTED CASES WILL BE HEARD AT THE PRINCIPAL OFFICES OR AT ANOTHER SUITABLE LOCATION UNDER CERTAIN CIRCUMSTANCES.
(Abbreviated Title.)
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD4328.002), which was adopted:
Amend the bill, as and if amended, page 10, by striking lines 11-15 and inserting:
/ for which the license is a prerequisite; however, matters not affected by the request may not be stayed by the filing of the request and matters for which a license has already been issued and a request is filed for a subsequent license related to the previously licensed matter may not be stayed by the filing of the request. Requests for contested case hearings challenging only the amount of fines or penalties must be deemed not to affect those portions of orders imposing substantive requirements. /
Amend the bill further, as and if amended, page 10, by striking line 22 and inserting:
/ to this subsection. Upon motion by any party, the court shall lift the stay for good cause shown or if no irreparable harm will occur, then the stay shall be lifted. A hearing must be held within three days after the motion is filed with the court and served upon the parties. The judge must issue an order no later than three business days after the hearing is concluded. /
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.
H. 4363 (Word version) -- Reps. Harrison, G.M. Smith, Delleney, Bales, McLeod, Hart and Weeks: A BILL TO AMEND CHAPTER 23, TITLE 1, OF THE 1976 CODE, RELATING TO STATE AGENCY RULE MAKING AND ADJUDICATION OF CONTESTED CASES, TO MAKE TECHNICAL CHANGES RELATING TO THE DIVISION OF MOTOR VEHICLES; AND TO AMEND TITLE 56, RELATING TO MOTOR VEHICLES, 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, TO PROVIDE THAT A HOLDER OF THE LICENSE MAY REQUEST A HEARING
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD4363.009), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 1-23-660 of the 1976 Code, as last amended by Act 387 of 2006, is further amended to read:
"Section 1-23-660. (A) There is created within the Administrative Law Court the Division Office of Motor Vehicle Hearings. The chief judge of the Administrative Law Court shall serve as the Director of the Division Office of Motor Vehicle Hearings. The duties, functions, and responsibilities of all hearing officers and associated staff of the Department of Motor Vehicles are devolved upon the Administrative Law Court effective January 1, 2006. The hearing officers and staff positions, together with the appropriations relating to these positions, are transferred to the Division Office of Motor Vehicle Hearings of the Administrative Law Court on January 1, 2006. The hearing officers and staff shall be appointed, hired, contracted, and supervised by the chief judge of the court and shall continue to exercise their present Department of Motor Vehicle adjudicatory functions, duties, and responsibilities under the auspices of the Administrative Law Court as directed by the chief judge and shall perform such other functions and duties as the chief judge of the court prescribes. All employees of the division office shall serve at the will of the chief judge. The chief judge is solely responsible for the administration of the division office, the assignment of cases, and the administrative duties and responsibilities of the hearing officers and staff. Notwithstanding another provision of law, the chief judge also has the authority to promulgate rules governing practice and procedures before the division Office of Motor Vehicle Hearings. These rules are subject to review as are the rules of procedure promulgated by the Supreme Court pursuant
The Budget and Control Board shall assist with all necessary actions to be taken to accomplish this transfer in consultation with the agency head of the transferring and receiving agencies.
(B) Notwithstanding another provision of law, the hearing officers shall conduct hearings in accordance with Chapter 23 of Title 1, the Administrative Procedures Act, and the rules of procedure for the Administrative Law Court Office of Motor Vehicle Hearings, at suitable locations as determined by the chief judge. For purposes of this section, any law enforcement agency that employs an officer who requested a breath test and any law enforcement agency that employs a person who acted as a breath test operator resulting in a suspension pursuant to Section 56-1-286 or 56-5-2951 is a party to the hearing and shall be served with appropriate notice, afforded the opportunity to request continuances and participate in the hearing, and provided a copy of all orders issued in the action. Representatives of the Department of Motor Vehicles are not required to appear at implied consent, habitual offender, financial responsibility, or point suspension hearings. However, if the Department of Motor Vehicles elects not to appear through a representative at any implied consent hearing, or through the submission of documentary evidence at any habitual offender, financial responsibility, or point suspension hearing, and it wishes to appeal the decision, it must first file a motion for reconsideration with the Office of Motor Vehicle Hearings within ten days after receipt of the hearing officer's decision. The hearing officer must issue a written order upon the motion for reconsideration within thirty days. The Department of Motor Vehicles may file a notice of appeal with the Administrative Law Court within thirty days after receipt of the hearing officer's order on the motion for reconsideration. The Administrative Law Court must dismiss any appeal which does not meet the requirements of this subsection. The Department of Motor
(C) The hearing officers are bound by the Code of Judicial Conduct, as contained in Rule 501 of the South Carolina Appellate Court Rules. The State Ethics Commission is responsible for the enforcement and administration of those rules and for the issuance of advisory opinions on the requirements of those rules for administrative law judges and hearing officers pursuant to the procedures contained in Section 8-13-320. Notwithstanding another provision of law, an administrative law judge or hearing officer, and the judge's or hearing officer's spouse or guest, may accept an invitation to and attend a judicial-related or bar-related function, or an activity devoted to the improvement of the law, the legal system, or the administration of justice.
(D) Appeals from decisions of the hearing officers must be taken to the Administrative Law Court pursuant to the court's appellate rules of procedure. Tape recordings Recordings of all hearings will be made part of the record on appeal, along with all evidence introduced at hearings, and copies will be provided to parties to those appeals at no charge. The chief judge shall not hear any appeals from these decisions. Nonetheless, the chief judge is not disqualified from, and remains responsible for, adjudicating cases under Section 1-23-600."
SECTION 2. Section 56-1-10(23) of the 1976 Code, as last amended by Act 381 of 2006, is further amended to read:
"(23) 'Division Office of Motor Vehicle Hearings' means the Division Office of Motor Vehicle Hearings created by Section 1-23-660. The Division Office of Motor Vehicle Hearings conducts has exclusive jurisdiction to conduct all contested case hearings or administrative hearings arising from department actions."
SECTION 3. Section 56-1-170(A) of the 1976 Code is amended to read:
"(A) The Department of Motor Vehicles upon issuing a driver's license has authority, whenever good cause appears, to impose restrictions suitable to the licensee's driving ability with respect to the type of or special mechanical control devices required on a motor vehicle which the licensee may operate or other restrictions applicable to the licensee as the department determines to be appropriate to assure the safe operation of a motor vehicle by the licensee. The department may either issue a special restricted license or may set forth the restrictions on the usual license form. The department shall not discriminate against a handicapped person by treating him in a different manner than it treats a nonhandicapped person. A handicapped person
The department may, upon receiving satisfactory evidence of any violation of the restrictions of the license, suspend or revoke the license, but the licensee shall be entitled to a hearing as upon a suspension or revocation under this article. A licensee aggrieved by the action of the department may request a contested case hearing before the Office of Motor Vehicle Hearings in accordance with its rules of procedure.
Any person who operates a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days."
SECTION 4. Section 56-1-820 of the 1976 Code is amended to read:
"Section 56-1-820. The licensee may, within ten days after notice of suspension, request in writing an administrative hearing a contested case hearing before the Office of Motor Vehicle Hearings, and upon receipt of the request the Department of Motor Vehicles Office of Motor Vehicle Hearings shall afford him a hearing in accordance with the State Administrative Procedures Act and the rules of procedure for the Office of Motor Vehicle Hearings."
SECTION 5. Section 56-1-1030 of the 1976 Code, as last amended by Act 381 of 2006, is further amended to read:
"Section 56-1-1030. (A) When a person is convicted of one or more of the offenses listed in Section 56-1-1020(a), (b), or (c), the Department of Motor Vehicles must review its records for that person. If the department determines after review of its records that the person is an habitual offender as defined in Section 56-1-1020, the department must revoke or suspend the person's driver's license.
(B) If the department finds determines the person to be is an habitual offender, the department shall give notice of its determination to the person and direct the person not to operate a motor vehicle on the highways of this State and to surrender his driver's license or permit to the department. A resident of South Carolina found to be an habitual offender The notice must provide that a person aggrieved by the
SECTION 6. Section 56-1-1090 of the 1976 Code, as last amended by Act 381 of 2006, is further amended to read:
"Section 56-1-1090. (A) No license to operate motor vehicles in this State may be issued to an habitual offender nor shall a nonresident habitual offender operate a motor vehicle in this State:
(a) for a period of five years from the date of a final decision determination by the Department of Motor Vehicles that a person is an habitual offender and if, upon appeal, the finding is sustained upheld by a magistrate, unless the period is reduced to two years as permitted in item (c); item (1) or (2).
(b) until financial responsibility requirements are met;
(c) until, upon petition
(1) Upon request to the Division of Motor Vehicle Hearings department on a form prescribed by it and for good cause shown, the hearing officer department may restore to the person the privilege to operate a motor vehicle in this State upon terms and conditions as the department may prescribe, subject to other provisions of law relating to the issuance of drivers' licenses. The petition request permitted by this item may be filed after two years have expired from the beginning date of the decision of the department finding the person to be an habitual offender. suspension and if the following conditions are met:
(a) the person must not have had a previous habitual offender suspension in this or another state;
(b) the person must not have driven a motor vehicle during the habitual offender suspension period;
(c) the person must not have been convicted of or have charges pending for any alcohol or drug violations committed during the habitual offender suspension period;
(d) the person must not have been convicted of or have charges pending for any offense listed in Section 56-1-1020 committed during the habitual offender suspension period; and
(e) the person must not have any other mandatory driver's license suspension that has not yet reached its end date. At this time and after hearing, the hearing officer may reduce the five-year period of item (a) to a two-year period for good cause shown. If the two-year period is granted, it must run from the date of the final decision of the
The department will issue its decision within thirty days after receipt of the request.
(2) If the department denies the request referenced in item (1), the person may seek relief from the department's determination by filing a request for a de novo contested case hearing with the Office of Motor Vehicle Hearings pursuant to the Administrative Procedures Act and the rules of procedure for the Office of Motor Vehicle Hearing. For good cause shown, the Office of Motor Vehicle Hearings may restore to the person the privilege to operate a motor vehicle in this State subject to other provisions of law relating to the issuance of driver's licenses. The provisions of item (1) shall not be construed to limit the discretion or authority of the Office of Motor Vehicle Hearings in considering the person's request for a reduction of the five-year suspension period; however, those provisions may be used as guidelines for determinations of good cause for relief from the normal five-year suspension period.
(B) If a reduction is granted, it will begin on the date of the department's decision or on the date of the final decision by the Office of Motor Vehicle Hearings. If a reduction is not granted, no request for reduction may be filed again.
(C) If a person's privilege to operate a motor vehicle is restored pursuant to this section but the department subsequently determines that the person failed to give the required or correct information in his request or during a hearing, or committed any fraud in making the request or during his hearing, the department must suspend the person's driver's license pursuant to Section 56-1-240 for the remaining balance of the habitual offender suspension period. The person may seek relief from the department's determination by filing a request for a contested case hearing with the Office of Motor Vehicle Hearings pursuant to the Administrative Procedures Act and the rules of procedure for the Office of Motor Vehicle Hearings.
(D) If a person's privilege to operate a motor vehicle is restored pursuant to subsection (A)(1) or (A)(2), and if the person is convicted of a violation of any offense listed in Section 56-1-1020(A) that occurred during the original five-year habitual offender suspension
SECTION 7. Section 56-5-2952 of the 1976 Code, as last amended by Act 387 of 2006, is further amended to read:
"Section 56-5-2952. The filing fee to request any administrative contested case hearing before the Division Office of Motor Vehicle Hearings of the Administrative Law Court, is one hundred fifty dollars, or as otherwise prescribed by the rules of procedure for the Administrative Law Court. Funds generated from the collection of this fee shall be retained by the Administrative Law Court."
SECTION 8. Section 56-9-60(A) of the 1976 Code is amended to read:
"(A) A person or company who has more than twenty-five motor vehicles registered in his name may qualify as a self-insurer provided that the department is satisfied that the person or company is able to pay any judgments obtained against the person or company. Upon not less than ten days' notice and a hearing pursuant to the notice, the department may cancel issue a staff determination canceling self-insurer status when the requirements for the status no longer are met. The notice must provide that a person aggrieved by the staff determination may file a request for a contested case hearing with the Office of Motor Vehicle Hearings in accordance with its rules of procedure. The person or company must submit the following information to the department for it to determine financial responsibility:
(1) a copy of the applicant's latest financial statement prepared by a certified public accountant licensed to do business in South Carolina, indicating that the applicant has a positive net worth;
(2) a current list of all vehicles registered in applicant's name;
(3) the applicant's procedural guidelines for processing claims; and
(4) the applicant must have a net worth of at least twenty million dollars or the department may require the applicant to deposit in a segregated self-insured claims account the sum of three thousand dollars for each vehicle to be covered by the self-insurer's certificate. Eighty percent must be cash or an irrevocable letter of credit issued by
SECTION 9. Section 56-9-363 of the 1976 Code, as last amended by Act 381 of 2006, is further amended to read:
"Section 56-9-363. The Department of Motor Vehicles may in the administration of this article prescribe such form as it may deem necessary and require individuals to file sworn affidavits substantiating any claims for damages should the need arise. Any person whose driving privilege becomes subject to suspension or is suspended under the provisions of this article may request an administrative a contested case hearing with the Division Office of Motor Vehicle Hearings prior to the suspension or within thirty days after written notice of the suspension in order that he might prove that no reasonable possibility exists that a civil court might enter a judgment against him as a result of the accident in question. Any person aggrieved by the decision of the hearing officer following the hearing may file an appeal with the Administrative Law Court in accordance with its appellate rules."
SECTION 10. Section 56-10-510(2) of the 1976 Code is amended to read:
"(2) furnishes proof of financial responsibility for the future in the manner prescribed in Section 56-10-10, et seq. of this chapter. An order of suspension required by this section is not effective until the director has offered the person an opportunity for an administrative a contested case hearing before the Office of Motor Vehicle Hearings to show cause why the order should not be enforced. Notice of the opportunity for an administrative hearing may must be included in the order of suspension. When three years have elapsed from the effective date of the suspension required in this section, the director may relieve the person of the requirement of furnishing proof of future financial responsibility. If the director determines that the fee applicable to the registration of an uninsured motor vehicle has been paid on the vehicle in question on or before the date that the insurance certificate was requested, no suspension action must be taken. The director shall suspend the driver's license and all registration certificates and license plates of any person on receiving a record of his conviction of a violation of any provisions of Section 56-10-520, but the director shall dispense with the suspension when the person is convicted for a
SECTION 11. Section 56-10-530 of the 1976 Code is amended to read:
"Section 56-10-530. When it appears to the director from the records of his office that an uninsured motor vehicle as defined in Section 56-9-20, subject to registration in the State, is involved in a reportable accident in the State resulting in death, injury, or property damage with respect to which motor vehicle the owner thereof has not paid the uninsured motor vehicle fee as prescribed in Section 56-10-510, the director shall, in addition to enforcing the applicable provisions of Section 56-10-10, et seq. of this chapter, suspend such owner's driver's license and all of his license plates and registration certificates until such person has complied with those provisions of law and has paid to the director of the Department of Motor Vehicles a reinstatement fee as provided by Section 56-10-510, to be disposed of as provided by Section 56-10-550, with respect to the motor vehicle involved in the accident and furnishes proof of future financial responsibility in the manner prescribed in Section 56-9-350, et seq. However, no order of suspension required by this section must become effective until the director has offered the person an opportunity for an administrative a contested case hearing before the Office of Motor Vehicle Hearings to show cause why the order should not be enforced. Notice of the opportunity for an administrative a contested case hearing may must be included in the order of suspension. Notice of such suspension shall be made in the form provided for in Section 56-1-465. However, when three years have elapsed from the effective date of the suspension herein required, the director may relieve such person of the requirement of furnishing proof of future financial responsibility. The presentation by a person subject to the provisions of this section of a certificate of insurance, executed by an agent or representative of an insurance company qualified to do business in this State, showing that on the date and at the time of the accident the vehicle was an insured motor vehicle as herein defined or, presentation by such person of evidence that the additional fee applicable to the registration of an uninsured motor vehicle had been paid to the department before the date and time of the accident, is sufficient bar to the suspension provided for in this section."
SECTION 12. Section 56-15-350(h) of the 1976 Code, as last amended by Act 381 of 2006, is further amended to read:
"(h) given, loaned, or sold a dealer license plate to any person or otherwise to have allowed the use of any dealer license plate in any way not authorized by Section 56-3-2320. Any dealer license plate issued to a dealer or wholesaler pursuant to Section 56-3-2320 which is determined by the department to be improperly displayed on any vehicle or in the possession of any unauthorized person is prima facie evidence of a violation of this section by the dealer or wholesaler to whom the license plate was originally issued.
The department shall notify the licensee or applicant in writing at the mailing address provided in his application of its intention to deny, suspend, or revoke his license at least twenty days in advance and shall inform the licensee of his right to request an administrative a contested case hearing with the Division Office of Motor Vehicle Hearings in accordance with the rules of procedure for the Administrative Law Court and pursuant to the Administrative Procedures Act of this State. A licensee desiring a hearing shall file a request in writing with the Division Office of Motor Vehicle Hearings within ten days of receiving notice of the proposed denial, suspension, or revocation of his dealer's or wholesaler's license.
Upon a denial, suspension, or revocation of a license, the licensee shall immediately return to the department the license and all dealer license plates."
SECTION 13. Section 56-16-180(h) of the 1976 Code is amended to read:
"(h) Given, loaned, or sold a dealer license plate to any person or otherwise to have allowed the use of any dealer license plate in any way not authorized by Section 56-3-2320. Any dealer license plate issued to a dealer or wholesaler pursuant to Section 56-3-2320 which is determined by the Department department to be improperly displayed on any motorcycle or in the possession of any unauthorized person is prima facie evidence of a violation of this section by the dealer or wholesaler to whom the license plate was originally issued.
The Department department shall notify the licensee or applicant in writing at the mailing address provided in his application of its intention to deny, suspend, or revoke his license at least twenty days in advance and shall provide the licensee an opportunity for a contested case hearing before the Office of Motor Vehicle Hearings pursuant to its rules of procedure and the Administrative Procedures Act of this State. A licensee desiring a hearing shall request it in writing within
Upon the denial, suspension, or revocation of a license, the licensee shall immediately return to the Department department the license and all dealer license plates."
SECTION 14. This act takes effect October 1, 2008. /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
Senator KNOTTS proposed the following amendment (SWB\5537CM08), which was adopted:
Amend the bill, as and if amended, adding the following appropriately numbered SECTIONS:
/ SECTION __. Chapter 21, Title 27 of the 1976 Code, is amended by adding:
"Section 27-21-22. A sheriff, police chief, or a designee may sell at public action recovered property not reclaimed as provided by Section 27-21-20. At least ten days prior to the sale, the property must be advertised by publication in a local newspaper of general circulation where the property will be sold. A notice by publication may contain multiple listings of property to be sold."
SECTION __. Section 27-21-20 of the 1976 Code, as last amended by Act 195 of 2002, is further amended to read:
"Section 27-21-20. (A) If property has been recovered by a sheriff of a county or chief of police of a municipality and ownership is ascertained, the sheriff or chief of police must notify its owner as provided in Section 56-5-5630 by subsection (B).
(B) If after sixty days the property is not reclaimed, the sheriff, or his designee, or the police chief, or his designee, may sell the property as provided by Section 56-5-5640 A sheriff or chief of police must provide notice:
(1) within fifteen days;
(2) by registered mail, return receipt requested;
(3) describing the property and including an identifying serial number if available; and
(4) advising the owner that the property may be sold at auction pursuant to Section 27-21-22 if not reclaimed within sixty days of mailing of the notice.
(C) If after diligent efforts the owner of the property cannot be ascertained or if the property is not reclaimed or sold at public auction, the sheriff of a county or chief of police of a municipality may dispose of any recovered stolen or abandoned property as provided in this subsection.
(1) Property that is not suitable for sale, including, but not limited to, clothing, food, prescription drugs, weapons, household cleaning products, chemicals, or items that appear nonusable, including, but not limited to:
(a) electric components that appear to have been skeletonized, where parts have been removed and are no longer in working order; or
(b) items that have been broken up and only pieces exist may be destroyed by the jurisdiction holding the property.
(2) The sheriff or chief of police may use any property recovered by his jurisdiction if the property is placed on the jurisdiction's inventory as property of the jurisdiction.
(3) The sheriff or chief of police, with the consent of the appropriate governing body, may turn over to any organization exempt from tax under Section 501(c)3 of the Internal Revenue Code of 1986, items of abandoned or recovered property that may be used for the betterment of that organization. However, the accrued value of the items given to an individual organization as provided above by a sheriff or chief of police shall not exceed a value of one thousand dollars in the respective government entity's fiscal year.
(D) A jurisdiction recovering property pursuant to the provisions of this section shall maintain a permanent record of all property recovered and its disposition."
SECTION __. 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,
Renumber sections to conform.
Amend title to conform.
Senator KNOTTS explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 4601 (Word version) -- Reps. W.D. Smith, Cobb-Hunter, Talley, Hagood, Scott, Viers, Mitchell, Clemmons and Whipper: A BILL TO AMEND SECTION 16-3-1180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VICTIMS' COMPENSATION AWARDS, SO AS TO ALLOW THE CRIME VICTIM'S ADVISORY BOARD TO AUTHORIZE ADDITIONAL COUNSELING FOR VICTIMS BASED ON DOCUMENTED NEED; TO AMEND SECTION 16-3-1230, AS AMENDED, RELATING TO CRIME VICTIMS' COMPENSATION CLAIMS, SO AS TO ALLOW CLAIM SUBMISSION VIA FACSIMILE OR OTHER ELECTRONIC MEANS; TO AMEND ARTICLE 14, CHAPTER 3 OF TITLE 16, RELATING TO THE VICTIM/WITNESS ASSISTANCE PROGRAM, SO AS TO RESTRUCTURE THE PROGRAM SO AS TO EMPOWER THE STATE OFFICE OF VICTIM ASSISTANCE TO PROVIDE CERTAIN SERVICES CURRENTLY PROVIDED BY THE VICTIM COMPENSATION FUND, TO RESTRUCTURE THE VICTIMS' SERVICES TO BE PROVIDED, TO CREATE THE VICTIM SERVICES COORDINATING COUNCIL AND PROVIDE FOR ITS MEMBERSHIP, AND TO CREATE THE OFFICE OF VICTIM SERVICES EDUCATION AND CERTIFICATION WITHIN THE OFFICE OF THE CRIME VICTIMS' OMSBUDSMAN AND ESTABLISH CERTIFICATION AND CONTINUING EDUCATION REQUIREMENTS FOR VICTIM SERVICE PROVIDERS; AND BY ADDING SECTION 16-3-1680 SO AS TO AUTHORIZE THE CRIME VICTIMS' OMSBUDSMAN TO PROMULGATE NECESSARY REGULATIONS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD4601.001), which was adopted:
Amend the bill, as and if amended, page 2, by striking lines 36-38 and inserting:
/ (1) 'victim service provider' means a person:
(a) who is employed by a local government or state agency and whose job duties involve providing victim assistance as mandated by South Carolina law; or
(b) whose job duties involve providing direct services to victims and who is employed by an organization that is incorporated in South Carolina, holds a certificate of authority in South Carolina, or is registered as a charitable organization in South Carolina, and the organization's mission is victim assistance or advocacy and the organization is privately funded or receives funds from federal, state, or local governments to provide services to victims; and /
Amend the bill further, as and if amended, page 4, by striking lines 30-43, and page 5, by striking lines 1-28, and inserting:
/ (B) The Victim Services Coordinating Council shall consist of the following twenty-two members:
(1) the director of the State Office of Victim Assistance, or his designee;
(2) the director of the South Carolina Department of Probation, Parole and Pardon Services, or his designee;
(3) the director of the South Carolina Department of Corrections, or his designee;
(4) the director of the South Carolina Department of Juvenile Justice, or his designee;
(5) the director of the South Carolina Commission on Prosecution Coordination, or his designee;
(6) the Governor's Crime Victims' Ombudsman, or his designee;
(7) the director of the South Carolina Sheriffs' Association, or his designee;
(8) the president of the South Carolina Police Chiefs Association, or his designee;
(9) the president of the South Carolina Jail Administrators' Association, or his designee;
(10) the president of the Solicitors' Advocate Forum, or his designee;
(11) the president of the Law Enforcement Victim Advocate Association, or his designee;
(12) the director of the South Carolina Coalition Against Domestic Violence and Sexual Assault, or his designee;
(13) the Attorney General, or his designee;
(14) the administrator of the Office of Justice Programs, Department of Public Safety, or his designee;
(15) four representatives appointed by the State Office of Victim Assistance for a term of two years and until their successors are appointed and qualified for each of the following categories:
(a) one representative of university or campus services; (b) one representative of a statewide crime victim organization;
(c) one representative of a statewide child advocacy organization; and
(d) one crime victim; and
(16) four at-large seats elected upon two-thirds vote of the other thirteen members of the Victim Services Coordinating Council for a term of two years and until their successors are appointed and qualified, at least one of whom must be a crime victim and two of which must be representatives of community-based nongovernmental organizations.
The Victim Services Coordinating Council shall solicit input on issues affecting relevant stakeholders when those stakeholders are not explicitly represented. The Victim Services Coordinating Council shall meet at least four times per year. /
Amend the bill further, as and if amended, page 7, by striking line 7 and inserting:
/ victims' ombudsman, may not exceed twelve hours.
(4) Nothing in this section shall prevent an entity from requiring or an individual from seeking additional certification credits beyond the basic required hours." /
Amend the bill further, as and if amended, page 7, by striking line 43 and inserting:
/ SECTION 8. This act takes effect on January 1, 2009. /
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.
H. 4930 (Word version) -- Reps. G.M. Smith, Cato and Bannister: A BILL TO AMEND SECTION 16-17-680, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL PURCHASE OF COPPER, SO AS TO PROVIDE THAT THE PURCHASER OF CERTAIN METALS FROM A PERSON WHO IS NOT AN AUTHORIZED RETAILER OR WHOLESALER MUST PAY BY CHECK OR MONEY ORDER, OBTAIN THE SELLER'S IDENTIFICATION NUMBER AND LICENSE PLATE, AND MAINTAIN THE RECORD FOR FIVE YEARS; AND BY ADDING SECTION 16-11-523, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO WILFULLY AND MALICIOUSLY CUT, MUTILATE, OR DEFACE REAL PROPERTY FOR THE PURPOSE OF OBTAINING CERTAIN METALS, TO PROVIDE PENALTIES, AND TO PROVIDE CIVIL LIABILITY FOR THE VICTIMS OF THE ATTEMPTED THEFT OF CERTAIN METALS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD4930.001), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 16-17-680 of the 1976 Code, as last amended by Act 97 of 2007, is further amended to read:
"Section 16-17-680. (A)(1) It is unlawful to purchase copper wire, copper pipe, copper bars, copper sheeting, aluminum, a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers nonferrous metals in any amount from a person who is not a holder of a retail license or an authorized wholesaler or unless the purchaser is a secondary metals recycler and obtains and can verify the name and address of the seller. A purchaser of copper wire, copper pipe, copper bars, copper sheeting, aluminum, a product that is a mixture of aluminum and copper, or stainless steel beer kegs or
(B) It is unlawful for a person to transport or have in his possession on highways of this State, in a vehicle other than a vehicle used in the ordinary course of business for the purpose of transporting copper wire, copper pipe, copper bars, copper sheeting, aluminum, a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers, an amount of copper wire, copper pipe, copper bars, copper sheeting, aluminum, a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers of an aggregate weight of more than twenty-five pounds, unless the person has in his possession:
(1) a bill of sale signed by:
(a) a holder of a retail license for a business engaged in the sale of copper wire, copper pipe, copper bars, copper sheeting, aluminum, a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers;
(b) an authorized wholesaler engaged in the sale of copper wire, copper pipe, copper bars, copper sheeting, aluminum, a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers;
(c) a registered dealer in scrap metals; or
(2) a certificate of origin signed by the sheriff, or his designated representative, of the county in which the purchase was made. A secondary metals recycler may only purchase nonferrous metals for cash consideration from a fixed location.
(C)(1) The bill of sale or certificate of origin pursuant to subsection (B) clearly must identify the material to which it applies and show the name and address of the seller, license plate of the vehicle in which the material is delivered to the purchaser, identified by license number, year, and state of issue, the name and address of the purchaser, the date of sale, and the type and amount of copper wire, copper pipe, copper bars, copper sheeting, aluminum, a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers purchased. Whenever a law enforcement officer has reasonable cause to believe that any item of nonferrous metal in the possession of a secondary metals recycler has been stolen, the law enforcement officer may issue a hold notice to the secondary metals recycler. The hold notice must be in writing, be delivered to the secondary metals recycler, specifically identify those items of nonferrous metal that are believed to have been stolen and that are subject to the notice, and inform the secondary metals recycler of the information contained in this subsection. Upon receipt of the notice, the secondary metals recycler must not process or remove the items of nonferrous metal identified in the notice, or any portion thereof, from the secondary metal recycler's place of business for fifteen calendar days after receipt of the notice unless released prior to the fifteen-day period by the law enforcement officer.
(2) No later than the expiration of the fifteen-day period, a law enforcement officer may issue a second hold notice to the secondary metals recycler, which shall be an extended hold notice. The extended hold notice must be in writing, be delivered to the secondary metals recycler, specifically identify those items of nonferrous metal that are believed to have been stolen and that are subject to the extended hold notice, and inform the secondary metals recycler of the information contained in this subsection. Upon receipt of the extended hold notice, the secondary metals recycler must not process or remove the items of nonferrous metal identified in the notice, or any portion thereof, from the secondary metals recycler's place of business for thirty calendar days after receipt of the extended hold notice unless released prior to the thirty-day period by the law enforcement officer.
(3) At the expiration of the hold period or, if extended, at the expiration of the extended hold period, the hold is automatically released and the secondary metals recycler may dispose of the nonferrous metals unless other disposition has been ordered by a court of competent jurisdiction.
(D) A person who violates the provisions of this section is guilty of a:
(1) misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days for a first offense. This offense is triable in magistrates court;
(2) misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both, for a second offense;
(3) misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than three years, or both, for a third or subsequent offense. For an offense to be considered a third or subsequent offense, only those offenses which occurred within a period of ten years, including and immediately preceding the date of the last offense shall constitute a prior offense within the meaning of this section.
(E) For purposes of this section, the only identification acceptable is a:
(1) valid South Carolina driver's license;
(2) South Carolina identification card issued by the Department of Motor Vehicles;
(3) valid driver's license from another state that contains the licensee's picture on the face of the license; or
(4) valid military identification card.
(F) For purposes of this section:
(1) 'Nonferrous metals' means metals not containing significant quantities of iron or steel, including copper wire, copper pipe, copper bars, copper sheeting, aluminum, a product that is a mixture of aluminum and copper, and stainless steel beer kegs or containers.
(2) 'Secondary metals recycler' means any person who is engaged in the business of paying compensation for nonferrous metals that have served their original economic purpose, whether or not the person is engaged in the business of performing the manufacturing process by which nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value.
(3) 'Fixed location' means any site occupied by a secondary metals recycler as the owner of the site or as a lessee of the site under a lease or other rental agreement providing for occupation of the site by a secondary metals recycler for a total duration of not less than three hundred and sixty-four days.
(G) The provisions of this section do not apply to the purchase or sale of aluminum cans.
(H) This section preempts local ordinances and regulations governing the purchase or sale of nonferrous metals in any amount, except to the extent that such ordinances pertain to zoning or business license fees. This section shall not preempt the ability of a political subdivision of the State to enact ordinances or regulations pertaining to zoning or business license fees. Political subdivisions of the State may not enact ordinances or regulations more restrictive than those contained in this section."
SECTION 2. Chapter 11, Title 16 of the 1976 Code is amended by adding:
"Section 16-11-523. (A) For purposes of this section, 'nonferrous metals' means metals not containing significant quantities of iron or steel, including copper wire, copper pipe, copper bars, copper sheeting, aluminum, a product that is a mixture of aluminum and copper, and stainless steel beer kegs or containers.
(B) It is unlawful for a person to wilfully and maliciously cut, mutilate, deface, or otherwise injure any real property, including any fixtures or improvements, for the purpose of obtaining nonferrous metals in any amount.
(C) A person who violates the provisions of this section is guilty of a:
(1) misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both, if:
(a) the direct injury to the property, including any fixtures or improvements, caused by the act;
(b) the amount of loss in value to the property, including any fixtures or improvements, caused by the act;
(c) the amount of repairs necessary to return the property, including any fixtures or improvements, to their condition before the act; or
(d) the property loss, including any fixtures or improvements, is one thousand dollars or less;
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if:
(a) the direct injury to the property, including any fixtures or improvements, caused by the act;
(b) the amount of loss in value to the property, including any fixtures or improvements, caused by the act;
(c) the amount of repairs necessary to return the property, including any fixtures or improvements, to their condition before the act; or
(d) the property loss, including any fixtures or improvements, is more than one thousand dollars but less than five thousand dollars; or
(3) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if:
(a) the direct injury to the property, including any fixtures or improvements, caused by the act;
(b) the amount of loss in value to the property, including any fixtures or improvements, caused by the act;
(c) the amount of repairs necessary to return the property, including any fixtures or improvements, to their condition before the act; or
(d) the property loss, including any fixtures or improvements, is five thousand dollars or more.
(D)(1) A person who violates the provisions of this section and the violation results in great bodily injury to another person is guilty of a felony and, upon conviction, must be imprisoned not more than fifteen years. For purposes of this subsection, 'great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
(2) A person who violates the provisions of this section and the violation results in the death of another person is guilty of a felony and, upon conviction, must be imprisoned not more than thirty years.
(E)(1) A public or private landowner or a possessor of land is not civilly liable to a person who is injured during the theft or attempted theft, by the person or a third party, of nonferrous metals in any amount.
(2) A public or private landowner or a possessor of land is not civilly liable for a person's injuries caused by a dangerous condition created as a result of the theft or attempted theft of nonferrous metals in any amount, of the landowner or the possessor when the landowner or possessor did not know and could not have reasonably known of the dangerous condition.
(3) This subsection does not create or impose a duty of care upon a landowner or possessor of land that would not otherwise exist under common law."
SECTION 3. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect
SECTION 4. This act takes effect upon approval by the Governor./
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.
On motion of Senator LEATHERMAN, with unanimous consent, H. 4930 was ordered to receive a third reading on Wednesday, May 14, 2008.
H. 3674 (Word version) -- Reps. Cato, Perry, J.H. Neal, Chellis, Harvin, F.N. Smith, Bedingfield, Simrill, Crawford, Leach, W.D. Smith, Alexander, Bales, Bannister, Dantzler, Edge, Gambrell, Hamilton, Haskins, Kennedy, Lowe, Mitchell, Mulvaney, Ott, Pinson, Sandifer, Scarborough, Shoopman, G.R. Smith, Spires, Stewart, Thompson, Toole, White, Young, Brady, Talley, Clemmons, Owens, Hiott, Skelton and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 19 TO TITLE 44 SO AS TO ENACT THE "SOUTH CAROLINA HEALTH CARE FINANCIAL RECOVERY AND PROTECTION ACT", TO ESTABLISH PROCEDURES FOR A HEALTH INSURER TO PAY OR REIMBURSE A PROVIDER FOR HEALTH CARE SERVICES FURNISHED BY THE PROVIDER, INCLUDING, AMONG OTHER THINGS, TIMEFRAMES WITHIN WHICH A CLAIM FOR
Senator MALLOY asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
On motion of Senator CLEARY, the Bill was carried over.
H. 4713 (Word version) -- Rep. White: A BILL TO AMEND SECTION 25-11-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE VETERANS' CEMETERIES AND QUALIFICATIONS TO RECEIVE A PLOT IN A STATE VETERANS' CEMETERY, SO AS TO REDUCE FROM TWENTY YEARS TO EIGHT YEARS THE TIME A VETERAN MUST HAVE BEEN A RESIDENT OF THIS STATE IN ORDER TO MEET ONE OF THE QUALIFICATIONS.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senators ALEXANDER and KNOTTS proposed the following amendment (4713R001.TCA), which was adopted:
Amend the bill, as and if amended, page 1, by striking lines 29 and 30 and inserting:
/ (2) The veteran must have an honorable discharge from the Armed Forces. /
Renumber sections to conform.
Amend title to conform.
Senator ALEXANDER explained the amendment.
The amendment was adopted.
On motion of Senator LEATHERMAN, with unanimous consent, the Bill was carried over.
S. 1334 (Word version) -- Senators Vaughn, Fair, Verdin, Anderson and Thomas: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE NEW BRIDGE ON HAMMETT BRIDGE ROAD IN GREENVILLE COUNTY AS THE "HAROLD HAMMETT MEMORIAL BRIDGE" AND ERECT APPROPRIATE SIGNS OR MARKERS ALONG BOTH HIGHWAY APPROACHES TO THIS BRIDGE THAT CONTAIN THE WORDS "HAROLD HAMMETT MEMORIAL BRIDGE".
Returned with concurrence.
Received as information.
S. 1368 (Word version) -- Senator Cromer: A SENATE RESOLUTION TO RECOGNIZE AND HONOR THE CHAPIN GARDEN CLUB FOR ITS VOLUNTEER WORK IN THE CHAPIN COMMUNITY, AND TO CONGRATULATE JUANITA MOTELY, SHOW CHAIRMAN, AND THE MEMBERS UPON THE OCCASION OF THEIR SEVENTIETH ANNIVERSARY.
Returned with concurrence.
Received as information.
Columbia, S.C., May 13, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 4800 -- Ways and Means Committee: GENERAL APPROPRIATION BILL 2008 - 2009 TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2008, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THIS OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.
asks for a Committee of Conference, and has appointed Reps. Cooper, Merrill and J. H. Neal to the committee on the part of the House.
Very respectfully,
Speaker of the House
Received as information.
H. 4800 -- Ways and Means Committee: GENERAL APPROPRIATION BILL 2008 - 2009 TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2008, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THIS OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.
Whereupon, Senators LEATHERMAN, PEELER and LAND were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., May 13, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 4801 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2007-2008.
Received as information.
H. 4801 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2007-2008.
Whereupon, Senators LEATHERMAN, PEELER and LAND were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.
H. 3032 (Word version) -- Reps. Viers and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO CREATE A STUDY COMMITTEE TO STUDY APPROPRIATE ENFORCEMENT OF FEDERAL AND STATE LAWS RELATING TO THE PRESENCE OF ILLEGAL ALIENS IN THIS STATE AND TO RECOMMEND LEGISLATIVE CHANGES AS APPROPRIATE.
The House returned the Bill with amendments.
The Senate proceeded to a consideration of the Bill, the question being concurrence in the House amendments.
Senator HUTTO was recognized to speak on the question of concurrence.
With Senator HUTTO retaining the floor, with unanimous consent, Senator MARTIN was recognized to speak on the question of concurrence.
With Senator HUTTO retaining the floor, with unanimous consent, Senator RITCHIE was recognized to speak on the question of concurrence.
With Senator HUTTO retaining the floor, with unanimous consent, Senator CAMPSEN was recognized to speak on the question of concurrence.
Senator HUTTO spoke on the question of concurrence.
Senator LEATHERMAN was recognized to speak on the question of concurrence.
Senator LEATHERMAN moved that the Senate stand adjourned.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Campbell Ford Gregory Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Matthews McConnell McGill O'Dell Patterson Pinckney Rankin Setzler Sheheen Short Williams
Alexander Bryant Campsen Ceips Cleary Courson Cromer Fair Grooms Hayes Martin Massey
Peeler Reese Ritchie Ryberg Scott Thomas Vaughn Verdin
The motion was adopted.
We voted to adjourn because we believed that it was important to review the problems in the House Bill in order to determine whether the concerns raised were meritorious and whether they could be fixed in a conference committee if one was needed. This vote had nothing to do with the merits of the Bill or of E-Verify. Both of us have been proponents of comprehensive and meaningful immigration reform. This vote was an effort to ensure that we did not accept a bad Bill that would not help our illegal immigration problem in a rush to concur.
Consideration was interrupted by adjournment.
On motion of Senator CAMPSEN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Christina Akabidavis and one of her twin daughters, Cushire Akabidavis, both of Charleston, S.C., who were tragically killed in an automobile accident.
At 2:44 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.
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