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:
The Psalmist declares:
"O Lord, how manifold are your works! In wisdom you have made them all; the earth is full of your creatures. May the glory of the Lord endure forever..." (Psalm 104:24, 31a)
Join me as we bow in prayer:
Glorious Creator God, here we are two days after Earth Day, 2012. And once again we are struck by the incredible beauty found around us here in South Carolina. The natural gifts that we enjoy surround us at every turn: mountains and meadows, forests and fields, beaches and bays. Guide all of us, O Father, as we continue to find ways in this Senate to be wise caregivers. May each Senator assume his responsibilities as steward of all that You have made. In Your name we pray, dear Lord.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
At 12:01 P.M., Senator KNOTTS made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator KNOTTS moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bright Bryant Campbell Courson Fair Grooms Knotts Leatherman Leventis Lourie Martin, Larry Martin, Shane Massey McGill Nicholson O'Dell Peeler Rose Ryberg Scott Sheheen Shoopman Thomas Verdin Williams
A quorum being present, the Senate resumed.
Senators HAYES, SETZLER, CROMER, CAMPSEN, LAND, MALLOY, PINCKNEY, JACKSON, GREGORY, THOMAS, ELLIOTT, FORD and REESE recorded their presence subsequent to the Call of the Senate.
On motion of Senator CROMER, at 12:05 P.M., Senator CLEARY was granted a leave of absence for today.
On motion of Senator WILLIAMS, at 12:05 P.M., Senator DAVIS was granted a leave of absence until 3:00 P.M.
At 2:15 P.M., Senator SHOOPMAN requested a leave of absence for the balance of the day.
Senator FORD introduced Dr. Alexander Ramsay of Charleston, S.C., Doctor of the Day.
Senator KNOTTS rose for an Expression of Personal Interest.
The following co-sponsors were added to the respective Bills:
S. 1124 (Word version) Sen. Ford
S. 1176 (Word version) Sen. Ford
S. 1267 (Word version) Sen. Ford
S. 1375 (Word version) Sen. Ford
S. 1376 (Word version) Sen. Ford
S. 1429 (Word version) Sen. Ford
S. 1246 (Word version) -- Senators Lourie and McConnell: A BILL TO AMEND SECTION 47-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRUELTY TO ANIMALS, SO AS TO REVISE CERTAIN CRIMINAL PENALTIES.
Senator VERDIN asked unanimous consent to make a motion to recall the Bill from the Committee on Agriculture and Natural Resources.
The Bill was recalled from the Committee on Agriculture and Natural Resources and ordered placed on the Calendar for consideration tomorrow.
S. 1353 (Word version) -- Senator Rose: A BILL TO AMEND SECTION 8-13-1140 OF THE 1976 CODE, RELATING TO THE DISCLOSURE OF ECONOMIC INTERESTS BY PUBLIC OFFICERS AND EMPLOYEES, TO REQUIRE A PERSON THAT IS REQUIRED TO FILE THE STATEMENT TO FILE FOR ANY YEAR IN WHICH THAT PERSON HOLDS OFFICE FOR ANY PORTION OF THE YEAR.
Senator ROSE asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
The Bill was recalled from the Committee on Judiciary and ordered placed on the Calendar for consideration tomorrow.
H. 5101 (Word version) -- Reps. Limehouse, Sottile, Gilliard, R.L. Brown, Harrell, Mack and Whipper: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT 211 ALONG INTERSTATE HIGHWAY 26 IN CHARLESTON COUNTY "CONGRESSMAN THOMAS F. HARTNETT INTERCHANGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS EXIT THAT CONTAIN THE WORDS "CONGRESSMAN THOMAS F. HARTNETT INTERCHANGE".
Senator GROOMS asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Transportation.
The Concurrent Resolution was recalled from the Committee on Transportation and ordered placed on the Calendar for consideration tomorrow.
H. 5060 (Word version) -- Reps. Limehouse, McCoy, Gilliard, R.L. Brown, Stavrinakis and Harrell: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTURE OF SOUTH CAROLINA HIGHWAYS 703 AND 517 ON THE ISLE OF PALMS "STATE REPRESENTATIVE-MAYOR MIKE SOTTILE INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "STATE REPRESENTATIVE-MAYOR MIKE SOTTILE INTERSECTION".
Senator GROOMS asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Transportation.
The Concurrent Resolution was recalled from the Committee on Transportation and ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 1470 (Word version) -- Senator Campbell: A BILL TO ENACT THE "SOUTH CAROLINA ECONOMIC DEVELOPMENT AND EDUCATION INVESTMENT ACT OF 2012".
l:\council\bills\bbm\10629sd12.docx
Read the first time and referred to the Committee on Finance.
S. 1471 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - DIVISION OF LABOR, RELATING TO LICENSING AND PERMITTING FEES; LICENSING REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4238, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
l:\council\bills\dbs\31100ac12.docx
Read the first time and ordered placed on the Calendar without reference.
S. 1472 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO REQUIREMENTS OF LICENSURE FOR COSMETOLOGISTS, ESTHETICIANS, AND NAIL TECHNICIANS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4230, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
l:\council\bills\dbs\31097ac12.docx
Read the first time and ordered placed on the Calendar without reference.
S. 1473 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CONTACTORS' LICENSING BOARD, RELATING TO REQUIREMENTS OF LICENSURE FOR CONTRACTORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4229, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
l:\council\bills\dbs\31096ac12.docx
Read the first time and ordered placed on the Calendar without reference.
S. 1474 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ACCOUNTANCY, RELATING TO REINSTATEMENT AND CONTINUING PROFESSIONAL EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 4223, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
l:\council\bills\dbs\31098ac12.docx
Read the first time and ordered placed on the Calendar without reference.
S. 1475 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF FUNERAL SERVICE, RELATING TO GENERAL LICENSING PROVISIONS FOR EMBALMERS AND FUNERAL DIRECTORS; PROVISIONS FOR ANNUAL RENEWAL OF LICENSES AND REACTIVATION OF EXPIRED LICENSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4235, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
l:\council\bills\dbs\31099ac12.docx
Read the first time and ordered placed on the Calendar without reference.
S. 1476 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF REGISTRATION FOR GEOLOGISTS, RELATING TO GENERAL REGISTRATION PROVISIONS FOR GEOLOGISTS-IN-TRAINING, DESIGNATED AS REGULATION DOCUMENT NUMBER 4236, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
l:\council\bills\dbs\31101ac12.docx
Read the first time and ordered placed on the Calendar without reference.
S. 1477 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF BARBER EXAMINERS, RELATING TO REQUIREMENTS OF LICENSURE IN THE FIELD OF BARBERING, DESIGNATED AS REGULATION DOCUMENT NUMBER 4225, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
l:\council\bills\dbs\31095ac12.docx
Read the first time and ordered placed on the Calendar without reference.
S. 1478 (Word version) -- Senators Campsen and Sheheen: A BILL TO AMEND SECTIONS 56-3-8000 AND 56-3-8100 OF THE 1976 CODE, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES CREATED BY THE GENERAL ASSEMBLY AND ISSUED ON BEHALF OF A NON-PROFIT ORGANIZATION, TO REVISE THE REQUIREMENTS PLACED UPON THE INDIVIDUALS OR ORGANIZATIONS THAT SEEK PRODUCTION OF A SPECIAL LICENSE PLATE, TO REVISE THE COST OF THE LICENSE PLATES, REVISE THE DISTRIBUTION OF FEES COLLECTED, TO REVISE THE DESIGN OF A SPECIAL LICENSE PLATE, AND TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE SPECIAL PERSONALIZED LICENSE PLATES FOR ANY SPECIAL ORGANIZATIONAL LICENSE PLATE; AND TO AMEND SECTION 56-3-1230, RELATING TO LICENSE PLATE SPECIFICATIONS AND THE ISSUANCE OF NEW LICENSE PLATES AND REVALIDATION STICKERS, TO PROVIDE A REFERENCE TO THE FEE CHARGED FOR THE ISSUANCE OF A REPLACEMENT LICENSE PLATE, AND TO DELETE THE PROVISION THAT ALLOWS A PORTION OF THE BIENNIAL REGISTRATION FEE BE USED TO DEFRAY THE COSTS ASSOCIATED WITH THE PRODUCTION AND ISSUANCE OF NEW LICENSE PLATES.
l:\s-res\gec\008spec.kmm.gec.docx
Senator CAMPSEN spoke on the Bill.
Read the first time and, on motion of Senator CAMPSEN, with unanimous consent, S. 1478 was ordered placed on the Calendar without reference.
S. 1479 (Word version) -- Senator Land: A BILL TO AMEND ACT 375 OF 1947, AS AMENDED, RELATING TO THE CLARENDON HOSPITAL DISTRICT, SO AS TO PROVIDE THAT EIGHT MEMBERS OF THE BOARD OF TRUSTEES ARE APPOINTED BY THE GOVERNOR UPON RECOMMENDATION OF A MAJORITY OF THE GOVERNING BODY OF CLARENDON COUNTY.
l:\council\bills\ggs\22360zw12.docx
Read the first time and ordered placed on the Local and Uncontested Calendar.
S. 1480 (Word version) -- Senators Lourie, Courson, Jackson and Scott: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE CARDINAL NEWMAN HIGH SCHOOL MEN'S AND WOMEN'S SOCCER TEAMS UPON WINNING THE 2011 SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION STATE CHAMPIONSHIP TITLES.
l:\s-res\jl\006socc.mrh.jl.docx
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1481 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO CONGRATULATE AND HONOR DR. WALTER B. EDGAR, DIRECTOR OF THE INSTITUTE FOR SOUTHERN STUDIES AT THE UNIVERSITY OF SOUTH CAROLINA, UPON THE OCCASION OF HIS RETIREMENT, TO COMMEND HIM FOR FORTY YEARS OF DISTINGUISHED SERVICE TO THE CITIZENS OF THIS GREAT STATE, AND TO WISH HIM CONTINUED SUCCESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.
l:\council\bills\rm\1522dg12.docx
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1482 (Word version) -- Senator Elliott: A CONCURRENT RESOLUTION TO HONOR DR. JAMES C. "JIM" MEZICK OF HORRY COUNTY, FORMER PASTOR OF LAKESIDE BAPTIST CHURCH IN NORTH MYRTLE BEACH, FOR HIS MANY YEARS OF GOSPEL MINISTRY AND TO WISH HIM GOD'S RICHEST BLESSINGS AS HE CONTINUES TO SERVE THE LORD.
l:\council\bills\rm\1529ahb12.docx
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1483 (Word version) -- Senator Rankin: A SENATE RESOLUTION TO RECOGNIZE AND HONOR JARROD DANKA IN HIS COURAGEOUS STRUGGLES AGAINST KIDNEY DISEASE, AND TO COMMEND THE EFFORTS OF JARROD DANKA DAY IN MYRTLE BEACH TO RAISE FUNDS TO PROVIDE HIM WITH A VITAL KIDNEY TRANSPLANT.
l:\s-res\lar\002dank.mrh.lar.docx
The Senate Resolution was adopted.
H. 3757 (Word version) -- Reps. Hardwick, Hearn, Mitchell, Long, Erickson, Brady, Butler Garrick, Funderburk, Munnerlyn, Knight, Dillard, Cobb-Hunter, Parks, Huggins, Allison, Tallon, Brannon, Atwater, Whipper, Patrick and J. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 19 TO CHAPTER 3, TITLE 16 SO AS TO DEFINE NECESSARY TERMS, PROVIDE FOR CERTAIN HUMAN TRAFFICKING OFFENSES AND PROVIDE PENALTIES, TO PROVIDE FOR CRIMINAL LIABILITY OF BUSINESS ENTITIES, TO PROVIDE RESTITUTION FOR VICTIMS OF HUMAN TRAFFICKING OFFENSES, TO ESTABLISH AN INTERAGENCY TASK FORCE TO DEVELOP AND IMPLEMENT A PLAN FOR THE PREVENTION OF TRAFFICKING IN PERSONS, TO REQUIRE THE COLLECTION AND DISSEMINATION OF DATA RELATED TO HUMAN TRAFFICKING BY THE STATE LAW ENFORCEMENT DIVISION (SLED), TO REQUIRE MANDATORY LAW ENFORCEMENT TRAINING ON HUMAN TRAFFICKING OFFENSES, TO PROVIDE FOR THE CREATION OF PUBLIC AWARENESS PROGRAMS REGARDING HUMAN TRAFFICKING IN THE STATE, TO ALLOW CIVIL ACTIONS BY VICTIMS OF HUMAN TRAFFICKING, TO PROVIDE THAT CERTAIN STANDARDS OF WORKING CONDITIONS APPLY WITHOUT REGARD TO IMMIGRATION STATUS, TO PROVIDE CERTAIN PROTECTIONS FOR VICTIMS OF HUMAN TRAFFICKING PURSUANT TO THE VICTIMS' BILL OF RIGHTS AND OTHER RELEVANT STATUTORY PROVISIONS, TO REQUIRE THE STATE TO DEVELOP PLANS FOR HOUSING AND COUNSELING, AMONG OTHER THINGS, OF VICTIMS OF HUMAN TRAFFICKING WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THE ACT, TO PROVIDE FOR CERTAIN RIGHTS OF MINOR VICTIMS OF HUMAN TRAFFICKING, TO ESTABLISH HUMAN TRAFFICKING VICTIM-CASEWORKER PRIVILEGE, AND TO CREATE THE OFFENSE OF MALICIOUSLY OR WITH CRIMINAL NEGLIGENCE PUBLISHING, DISSEMINATING, OR OTHERWISE DISCLOSING THE LOCATION OF A HUMAN TRAFFICKING VICTIM, A TRAFFICKING SHELTER, OR A DOMESTIC VIOLENCE SHELTER AND TO PROVIDE A PENALTY; AND TO REPEAL SECTION 16-3-930 RELATING TO TRAFFICKING IN PERSONS FOR FORCED LABOR OR SERVICES.
Read the first time and referred to the Committee on Judiciary.
H. 4200 (Word version) -- Reps. Hardwick, Cooper, Clemmons, Frye, Ott, Funderburk, H. B. Brown, Battle, Agnew, McCoy, McEachern, Atwater, Williams, Spires, J. H. Neal, Gilliard, Sabb, Toole, Butler Garrick, Govan, Hiott, Stringer, Ballentine, Murphy, Knight, G. A. Brown, Chumley, Corbin, Crosby, Daning, Dillard, Hixon, Lowe, V. S. Moss, Neilson, Ryan, Willis, Hodges, Whipper, R. L. Brown and Brady: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-3-25 SO AS TO REQUIRE THE DEPARTMENT OF AGRICULTURE TO CREATE AND MAINTAIN A PROGRAM TO ENCOURAGE SCHOOLS TO SERVE LOCALLY GROWN, MINIMALLY PROCESSED FARM FOODS.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 4550 (Word version) -- Reps. Rutherford, Bales, Ballentine, Brady, Butler Garrick, Harrison, Hart, Howard, McEachern, J. H. Neal and J. E. Smith: A BILL TO ABOLISH THE RICHLAND COUNTY BOARD OF ASSESSMENT CONTROL AND DEVOLVE ALL OF ITS DUTIES, POWERS, AND FUNCTIONS UPON THE RICHLAND COUNTY COUNCIL AND TO REPEAL SECTION 1 OF ACT 952 OF 1958.
Read the first time and ordered placed on the Local and Uncontested Calendar.
H. 4705 (Word version) -- Reps. Brady, Butler Garrick, Long, Funderburk, Thayer, Henderson, Pope, Whipper and R. L. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-37-60 SO AS TO REQUIRE HOSPITALS TO PROVIDE PARENTS OF NEWBORNS, PRIOR TO DISCHARGE, EDUCATIONAL INFORMATION ON PERTUSSIS DISEASE AND TO REQUIRE THIS INFORMATION TO INCLUDE THE CENTER FOR DISEASE CONTROL'S RECOMMENDATION THAT PARENTS RECEIVE THE TETANUS, DIPHTHERIA, AND PERTUSSIS VACCINE DURING POST PARTUM TO PROTECT NEWBORNS FROM THE TRANSMISSION OF PERTUSSIS; AND TO PROVIDE THAT HOSPITALS ARE NOT REQUIRED TO PROVIDE OR PAY FOR A VACCINATION AGAINST PERTUSSIS.
Read the first time and referred to the Committee on Medical Affairs.
H. 4717 (Word version) -- Reps. Brannon and Allison: A BILL TO AMEND SECTION 63-7-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPEDITED PLACEMENT OF A CHILD WITH A RELATIVE OF THE FIRST OR SECOND DEGREE WHEN A CHILD REMAINS IN THE LEGAL CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES FOLLOWING THE PROBABLE CAUSE HEARING, SO AS TO PROVIDE THAT IF THE COURT FINDS THAT CONTINUING THE CHILD IN THE HOME WOULD BE CONTRARY TO THE WELFARE OF THE CHILD, THE COURT MAY ORDER PLACEMENT WITH A RELATIVE OF THE FIRST OR SECOND DEGREE, WHICH INCLUDES A GRANDPARENT; TO PROVIDE THAT THE COURT SHALL CONSIDER CERTAIN CHARACTERISTICS OF THE RELATIVE AND HOW THESE WOULD IMPACT THE CHILD; AND TO PROVIDE THAT IF THE COURT PLACES A CHILD WITH A RELATIVE OF THE FIRST OR SECOND DEGREE, THE RELATIVE MUST BE NAMED AS A PARTY FOR THE DURATION OF THE CASE.
Read the first time and referred to the Committee on Judiciary.
H. 4738 (Word version) -- Reps. Govan and Hearn: A BILL TO AMEND SECTION 20-3-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AWARD OF ALIMONY IN DIVORCE AND SEPARATE MAINTENANCE AND SUPPORT ACTIONS, SO AS TO PROVIDE THAT ALIMONY IS TERMINABLE ON "COHABITATION", RATHER THAN ON "CONTINUED COHABITATION" OF THE SUPPORTED SPOUSE; TO DEFINE "COHABITATION" AS A COMMITTED, EXCLUSIVE RELATIONSHIP FOR AN AGGREGATE OF NINETY DAYS; AND TO PROVIDE FACTORS THAT THE COURT MAY CONSIDER IN DETERMINING WHETHER COHABITATION EXISTS; TO AMEND SECTION 20-3-150, AS AMENDED, RELATING TO ALLOCATING ALIMONY TO THE SUPPORTED SPOUSE AND CHILD SUPPORT TO THE CHILDREN SUCH THAT ONLY ALIMONY IS TERMINATED UPON REMARRIAGE OR CONTINUED COHABITATION OF THE SUPPORTED SPOUSE, SO AS TO PROVIDE THAT ALIMONY IS TERMINABLE ON "COHABITATION", RATHER THAN ON "CONTINUED COHABITATION" OF THE SUPPORTED SPOUSE; TO DEFINE "COHABITATION" AS A COMMITTED, EXCLUSIVE RELATIONSHIP FOR AN AGGREGATE OF NINETY DAYS; AND TO PROVIDE FACTORS THAT THE COURT MAY CONSIDER IN DETERMINING WHETHER COHABITATION EXISTS; AND TO AMEND SECTION 20-3-170, RELATING TO THE MODIFICATION, CONFIRMATION, OR TERMINATION OF ALIMONY, SO AS TO PROVIDE THAT UPON THE MOTION OF A PARTY TO A JUDGMENT OF DIVORCE, THE COURT SHALL CONDUCT A HEARING TO DETERMINE IF THE RETIREMENT OF THE SUPPORTING SPOUSE CONSTITUTES A CHANGE OF CIRCUMSTANCES FOR THE PURPOSE OF ALIMONY PAYMENTS AND TO PROVIDE FACTORS FOR THE COURT TO CONSIDER IN MAKING THIS DETERMINATION.
Read the first time and referred to the Committee on Judiciary.
H. 4945 (Word version) -- Reps. Funderburk, Harrison, Brantley, McLeod, Butler Garrick, Munnerlyn, Taylor, J. H. Neal, Dillard, Bannister, G. R. Smith, Bowers, Cobb-Hunter, Delleney, Hixon, Long, Pope and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-185 SO AS TO AUTHORIZE A PERSON TO REGISTER TO VOTE ELECTRONICALLY ON THE INTERNET WEBSITE OF THE STATE ELECTION COMMISSION, TO PROVIDE A PROCEDURE FOR THIS TYPE OF REGISTRATION AND AUTHORIZE THE STATE ELECTION COMMISSION TO PROMULGATE REGULATIONS TO EFFECTUATE THE PROVISIONS OF THIS ACT.
Read the first time and referred to the Committee on Judiciary.
H. 5060 (Word version) -- Reps. Limehouse, McCoy, Gilliard, R. L. Brown, Stavrinakis and Harrell: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTURE OF SOUTH CAROLINA HIGHWAYS 703 AND 517 ON THE ISLE OF PALMS "STATE REPRESENTATIVE-MAYOR MIKE SOTTILE INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "STATE REPRESENTATIVE-MAYOR MIKE SOTTILE INTERSECTION".
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 5063 (Word version) -- Reps. Sandifer, Crawford, Clemmons and Barfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-41-45 SO AS TO CIVIL PENALTIES FOR CERTAIN VIOLATIONS OF CHAPTER 41, TITLE 41; TO AMEND SECTION 41-41-10, RELATING TO FALSE STATEMENTS MADE TO INCREASE UNEMPLOYMENT BENEFITS, SO AS TO CHANGE PENALTIES FOR A VIOLATION; AND TO AMEND SECTION 41-41-30, RELATING TO FALSE STATEMENTS MADE BY AN EMPLOYER TO PREVENT OR REDUCE AN UNEMPLOYMENT BENEFIT, SO AS CHANGE THE PENALTIES FOR A VIOLATION.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 5087 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO REQUIREMENTS OF LICENSURE FOR MEDICAL PROFESSIONALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4244, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Medical Affairs.
H. 5088 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EXAMINERS IN PSYCHOLOGY, RELATING TO CONTINUING EDUCATION CREDITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4251, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Medical Affairs.
H. 5089 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4271, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Medical Affairs.
H. 5101 (Word version) -- Reps. Limehouse, Sottile, Gilliard, R. L. Brown, Harrell, Mack and Whipper: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT 211 ALONG INTERSTATE HIGHWAY 26 IN CHARLESTON COUNTY "CONGRESSMAN THOMAS F. HARTNETT INTERCHANGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS EXIT THAT CONTAIN THE WORDS "CONGRESSMAN THOMAS F. HARTNETT INTERCHANGE".
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 5160 (Word version) -- Reps. Young, Clyburn, Hixon, J. R. Smith, Spires, Taylor, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Cobb-Hunter, Cole, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Putnam, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Stavrinakis, Stringer, Tallon, Thayer, Toole, Tribble, Vick, Weeks, Whipper, White, Whitmire, Williams and Willis: A CONCURRENT RESOLUTION TO HONOR AND REMEMBER THE SUPREME SACRIFICE MADE IN THE LINE OF DUTY BY MASTER CORPORAL SANDRA ELIZABETH "SANDY" ROGERS, AND TO EXPRESS TO HER FAMILY THE PROFOUND APPRECIATION OF A GRATEFUL STATE FOR HER LIFE, SACRIFICE, AND SERVICE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5162 (Word version) -- Rep. Clyburn: A CONCURRENT RESOLUTION TO HONOR AND COMMEND THE GRADUATES OF THE ALLEN UNIVERSITY CLASS OF 1962 UPON THE CELEBRATION OF THEIR GOLDEN ANNIVERSARY OF GRADUATION AND TO CONGRATULATE THEM ON THE MANY SUCCESSES AND ACHIEVEMENTS THAT THEY HAVE EXPERIENCED IN THEIR LIVES AS A RESULT OF THE EXCELLENT EDUCATION THEY RECEIVED FROM ALLEN UNIVERSITY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5163 (Word version) -- Rep. Howard: A CONCURRENT RESOLUTION TO COMMEND THE BOYS & GIRLS CLUBS OF SOUTH CAROLINA FOR THEIR WONDERFUL EFFORTS IN HELPING SOUTH CAROLINA'S YOUTH PREPARE FOR A PRODUCTIVE LIFE, TO RECOGNIZE THE TWELVE YOUNG PEOPLE FROM DIFFERENT BOYS & GIRLS CLUBS THROUGHOUT THE STATE WHO HAVE BEEN NAMED 2012 YOUTH OF THE YEAR BY THE SOUTH CAROLINA ALLIANCE OF BOYS & GIRLS CLUBS, AND TO DECLARE THURSDAY, APRIL 26, 2012, AS "BOYS AND GIRLS CLUBS DAY" AT THE STATE HOUSE.
The Concurrent Resolution was adopted, ordered returned to the House.
S. 1480 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE CARDINAL NEWMAN HIGH SCHOOL MEN'S AND WOMEN'S SOCCER TEAMS UPON WINNING THE 2011 SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION STATE CHAMPIONSHIP TITLES.
Returned with concurrence.
Received as information.
S. 1481 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO CONGRATULATE AND HONOR DR. WALTER B. EDGAR, DIRECTOR OF THE INSTITUTE FOR SOUTHERN STUDIES AT THE UNIVERSITY OF SOUTH CAROLINA, UPON THE OCCASION OF HIS RETIREMENT, TO COMMEND HIM FOR FORTY YEARS OF DISTINGUISHED SERVICE TO THE CITIZENS OF THIS GREAT STATE, AND TO WISH HIM CONTINUED SUCCESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 3236 (Word version) -- Reps. Daning and G.R. Smith: A BILL TO AMEND SECTION 59-65-10 AND SECTION 59-65-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPULSORY EDUCATION FOR SOUTH CAROLINA SCHOOL CHILDREN AND THE EXCEPTION TO THE REQUIREMENT, RESPECTIVELY, SO AS TO INCLUDE THE SOUTH CAROLINA ASSOCIATION OF CHRISTIAN SCHOOLS AS AN AUTHORIZER OF SCHOOLS THAT CHILDREN MAY ATTEND WITHIN THE COMPULSORY EDUCATION REQUIREMENT.
H. 4463 (Word version) -- Reps. Harrison, Clyburn, Murphy, McLeod and Weeks: A BILL TO AMEND SECTION 22-3-545, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF CERTAIN CRIMINAL CASES FROM GENERAL SESSIONS COURT TO MAGISTRATES OR MUNICIPAL COURT, SO AS TO CLARIFY THE TYPES OF CASES THAT MAY BE TRANSFERRED INCLUDES CRIMINAL CASES ORIGINALLY CHARGED AND THOSE IN WHICH THE CHARGES ARE REDUCED FOR PURPOSES OF A GUILTY PLEA, TO ALLOW DEFENDANTS TO WAIVE CERTAIN RIGHTS, AND TO REQUIRE THE APPROVAL OF A CIRCUIT COURT JUDGE REGARDING TERMS OF COURT OF THE MAGISTRATES AND MUNICIPAL COURTS FOR THE DISPOSITION OF TRANSFERRED CASES.
H. 4733 (Word version) -- Rep. Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 21 TO CHAPTER 23, TITLE 57 SO AS TO DESIGNATE CERTAIN HIGHWAYS IN GEORGETOWN COUNTY AS THE PLANTERSVILLE SCENIC BYWAY, AND TO MAKE IT SUBJECT TO REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION AND THE SOUTH CAROLINA SCENIC HIGHWAYS COMMITTEE.
H. 4761 (Word version) -- Reps. Hiott, D.C. Moss, Agnew, Skelton, Frye, Spires, Owens, Atwater, Bowen, Gambrell, Corbin, Hardwick, Whitmire, Branham, Thayer, Crosby, Allison, Southard, J.R. Smith, Daning, Delleney, Harrison, Hayes, Hixon, V.S. Moss, Pitts, Putnam, Taylor, White and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-225 SO AS TO DEFINE THE TERM "FARM TRUCK"; BY ADDING SECTION 56-5-363 SO AS TO PROVIDE THAT CERTAIN COMMERCIAL MOTOR VEHICLES AND FARM TRUCKS ARE EXEMPT FROM CERTAIN FEDERAL MOTOR CARRIER SAFETY LAWS AND REGULATIONS; TO AMEND SECTION 56-3-670, AS AMENDED, RELATING TO FEES FOR FARM TRUCK LICENSES, SO AS TO REVISE THE WEIGHT REQUIREMENTS FOR FARM TRUCKS THAT MAY BE USED FOR DOMESTIC PURPOSES AND GENERAL TRANSPORTATION BUT MAY NOT BE USED TO TRANSPORT PERSONS OR PROPERTY FOR HIRE; TO AMEND SECTION 56-5-4010, RELATING TO SIZE, WEIGHT, AND SPEED LIMITATIONS PLACED ON CERTAIN VEHICLES, SO AS TO PROVIDE THAT THE TRANSPORT POLICE DIVISION HAS THE EXCLUSIVE AUTHORITY TO ENFORCE THE COMMERCIAL MOTOR VEHICLE CARRIER LAWS; AND TO AMEND SECTION 56-5-4150, RELATING TO THE REGISTRATION OF CERTAIN VEHICLES, SO AS TO PROVIDE THAT CERTAIN "FARM TRUCKS" ARE NOT REQUIRED TO HAVE THE NAME OF THE REGISTERED OWNER, LESSOR, OR LESSEE MARKED ON THE VEHICLE.
The following House Resolution was read the third time and ordered returned to the House with amendments:
H. 5028 (Word version) -- Reps. G.M. Smith and White: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR FISCAL YEAR 2012-2013 TO TEMPORARILY SUSPEND ENFORCEMENT OF CERTAIN PROVISIONS OF THE MEDICAID NURSING HOME PERMIT LAW AND TO SET CERTAIN NURSING HOME STAFFING STANDARDS IN ORDER TO MEET APPROPRIATIONS.
Senator ALEXANDER explained the Joint Resolution.
The following Bills and Joint Resolutions were read the third time and ordered sent to the House of Representatives:
S. 1107 (Word version) -- Senators Leventis, Hayes, Rose and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-1-77 SO AS TO PROVIDE A BOARD OR COMMISSION THAT REGULATES THE LICENSURE OF A PROFESSION OR OCCUPATION UNDER TITLE 40 MAY ISSUE A TEMPORARY LICENSE FOR A PROFESSION OR OCCUPATION IT REGULATES TO THE SPOUSE OF AN ACTIVE DUTY MEMBER OF THE UNITED STATES ARMED FORCES IN CERTAIN CIRCUMSTANCES, TO PROVIDE REQUIREMENTS FOR OBTAINING THIS LICENSE, AND TO PROVIDE TIME LIMITS ON THE VALIDITY OF THIS LICENSE.
S. 1137 (Word version) -- Senator Shoopman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 40-3-325 AND 40-22-295 SO AS TO ENACT THE "ARCHITECTS' AND ENGINEERS' VOLUNTEER ACT" WHICH PROVIDES IMMUNITY FOR A REGISTERED ARCHITECT OR ENGINEER WHO PROVIDES CERTAIN ARCHITECTURAL OR ENGINEERING SERVICES AT THE SCENE OF A DECLARED EMERGENCY.
S. 1307 (Word version) -- Senators Courson, Setzler, Matthews, Hayes and Ford: A BILL TO AMEND THE 1976 CODE, RELATING TO CERTAIN BOARDS AND COMMISSIONS TO AMEND CERTAIN EDUCATIONAL BOARDS OR COMMISSIONS, BOARDS FOR INSTITUTIONS OF HIGHER EDUCATION, THE SC EDUCATIONAL TELEVISION COMMISSION, AND THE SC MUSEUM COMMISSION TO ADJUST MEMBERSHIP TO ACCOUNT FOR THE SEVENTH CONGRESSIONAL DISTRICT, AND TO PROVIDE FOR THE CONTINUATION OF A MEMBER WHOSE RESIDENCY IS TRANSFERED. (ABBREVIATED TITLE)
S. 947 (Word version) -- Senators Malloy and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 33 TO TITLE 49, SO AS TO CREATE THE LAKE PAUL A. WALLACE AUTHORITY.
S. 1044 (Word version) -- Senators Knotts, Cromer and Ford: A BILL TO AMEND SECTION 38-59-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE REQUIREMENTS FOR THE INITIATION OF OVERPAYMENT RECOVERY EFFORTS PURSUANT TO THE SOUTH CAROLINA HEALTH CARE FINANCIAL RECOVERY AND PROTECTION ACT, SO AS TO ADD REQUIREMENTS CONCERNING AN APPEAL.
S. 1231 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS CLASSIFICATIONS OF BIRDS, GAME ANIMALS, AND FISH, SO AS TO CLASSIFY COBIA RACHYCENTRON CANADUM AS A SALTWATER GAME FISH.
S. 1247 (Word version) -- Senators Alexander, Rankin and Hutto: A BILL TO AMEND SECTION 58-3-250 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, TO ALLOW THE PUBLIC SERVICE COMMISSION TO SERVE A FINAL ORDER OR DECISION BY ELECTRONIC SERVICE, REGISTERED MAIL, OR CERTIFIED MAIL.
S. 1364 (Word version) -- Senator Cromer: A BILL TO AMEND SECTIONS 50-5-1705 AND 50-5-1710, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAWFUL SIZE AND CATCH LIMITS FOR CERTAIN FISH, SO AS TO PROVIDE LAWFUL SIZE AND CATCH LIMITS FOR SHEEPSHEAD (ARCHOSARGUS PROBATOCEPHALUS).
S. 1445 (Word version) -- Senator Land: A JOINT RESOLUTION TO PROVIDE THAT CERTAIN NONRESIDENTS MAY OBTAIN A LIFETIME COMBINATION LICENSE FROM THE DEPARTMENT OF NATURAL RESOURCES UNDER CERTAIN CONDITIONS WHICH GRANTS THE SAME PRIVILEGES AS A STATEWIDE COMBINATION LICENSE DURING A SPECIFIED PERIOD.
S. 1457 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4261, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1459 (Word version) -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSIONERS OF PILOTAGE, RELATING TO REQUIREMENTS OF LICENSURE FOR PILOTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4249, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator GROOMS explained the Bill.
S. 1460 (Word version) -- Senators Hayes and Gregory: A BILL TO AMEND ACT 270 OF 1981, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF FORT MILL SCHOOL DISTRICT NO. 4 IN YORK COUNTY, SO AS TO PROVIDE FOR THE EXPIRATION DATE OF THE TERMS OF CERTAIN MEMBERS OF THE BOARD IN ORDER TO HAVE ALL MEMBERS OF THE BOARD ELECTED IN NOVEMBER OF EVEN-NUMBERED YEARS.
S. 1461 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 7-7-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PRECINCTS IN WILLIAMSBURG COUNTY, SO AS TO REDESIGNATE A MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE DIVISION OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC LANGUAGE.
S. 1001 (Word version) -- Senators L. Martin, Campsen, Rose and Ford: A BILL TO AMEND CHAPTER 17, TITLE 59 OF THE 1976 CODE, RELATING TO SCHOOL DISTRICTS, TO PROVIDE FOR THE EQUAL ACCESS TO INTERSCHOLASTIC ACTIVITIES FOR MILITARY CHILDREN ACT, BY ADDING SECTION 59-17-160, TO PROVIDE THAT A CHILD OF A MEMBER OF THE ARMED FORCES ATTENDING SCHOOL IN A SCHOOL DISTRICT WHO LIVES WITH A RESIDENT OF THE DISTRICT OTHER THAN THE CHILD'S PARENT IS ENTITLED TO PARTICIPATE IN ALL INTERSCHOLASTIC ACTIVITIES OFFERED BY THE CHILD'S SCHOOL.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bright Bryant Campbell Campsen Courson Cromer Elliott Fair Ford Gregory Grooms Hayes Land Leatherman Leventis Lourie Malloy Martin, Larry Martin, Shane Massey McGill Nicholson O'Dell Peeler Reese Rose Ryberg Scott Setzler Sheheen Shoopman Thomas Verdin Williams
Total--0
The Bill was read the second time and ordered placed on the Third Reading Calendar.
S. 1465 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF REGISTRATION FOR FORESTERS, RELATING TO REQUIREMENTS OF LICENSURE FOR FORESTERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4234, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The Senate proceeded to a consideration of the Resolution, the question being the second reading of the Joint Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryant Campbell Campsen Courson Cromer Elliott Fair Ford Gregory Grooms Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy Martin, Larry Martin, Shane Matthews McGill Nicholson O'Dell Peeler Rankin Reese Rose Ryberg Scott Setzler Sheheen Shoopman Thomas Verdin Williams
Bright Massey
The Resolution was read the second time and ordered placed on the Third Reading Calendar.
H. 4726 (Word version) -- Reps. Pitts, Parks and Pinson: A BILL TO AMEND SECTION 6-11-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF PUBLIC SERVICE DISTRICT AND SPECIAL PURPOSE DISTRICT COMMISSIONS, INCLUDING, AMONG OTHER THINGS, THE POWER TO ASSESS THE COST OF THE ESTABLISHMENT AND CONSTRUCTION OF A SEWER LATERAL COLLECTION LINE, SO AS TO PROVIDE THAT IF A RESIDENTIAL SUBDIVISION RECEIVED CONCEPTUAL APPROVAL FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR SEPTIC TANK USE AND SUBSEQUENTLY FIVE OR MORE LOTS IN THE SUBDIVISION WERE DENIED PERMITS BY THE DEPARTMENT, AN ASSESSMENT MAY BE LEVIED ON THE ABUTTING PARCELS IN THE SUBDIVISION FOR THE ACTUAL COSTS OF THE SEWER LATERAL COLLECTION LINES, TRANSMISSION LINES, AND ASSOCIATED INFRASTRUCTURE AND TO PROVIDE THAT A LETTER OR CERTIFICATE OF THE DEPARTMENT ESTABLISHES THESE CONDITIONS AUTHORIZING THE ASSESSMENT.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator GROOMS proposed the following amendment (JUD4726.001), which was adopted:
Amend the bill, as and if amended, page 1, by striking line 38, in Section 6-11-1230, as contained in SECTION 1 and inserting therein the following:
/ "If on the effective date of this paragraph the area to be served is a residential subdivision that received /
Renumber sections to conform.
Amend title to conform.
Senator GROOMS explained the amendment.
The amendment was adopted.
The question then was second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Campbell Campsen Courson Cromer Elliott Fair Ford Gregory Grooms Hayes Hutto Jackson Knotts Leatherman Leventis Lourie Malloy Martin, Larry Massey Matthews McGill Nicholson O'Dell Peeler Rankin Reese Rose Ryberg Scott Setzler Sheheen Shoopman Thomas Verdin Williams
Bright Bryant Martin, Shane
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 1176 (Word version) -- Senators Courson, Land and Ford: A BILL TO AMEND TITLE 12 RELATING TO TAXATION, AND COUNTY TAX OFFICIALS TO AMEND THE DUTIES AND RESPONSIBILITIES OF THE DEPARTMENT OF REVENUE, THE COUNTY ASSESSORS, AUDITORS, TREASURERS, AND TAX COLLECTORS AND MAKE TECHNICAL CHANGES TO THE TAX CODE. (ABBREVIATED TITLE)
Senator HAYES 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 adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (NBD\12312DG12), which was adopted:
Amend the bill, as and if amended, page 19, by striking SECTION 21 in its entirety and inserting:
/ SECTION 21. Section 12-39-10 of the 1976 Code is repealed. /
Amend the bill further, as and if amended, by striking SECTION 27 in its entirety and inserting:
/ SECTION 27. Section 12-39-200 of the 1976 Code is amended to read:
"Section 12-39-200. In all respects except as otherwise prescribed by Section 12-39-190, the department may prescribe forms the types of acceptable format for county duplicates as may seem most convenient for the public, and county auditors shall conform to those forms." /
Amend the bill further, as and if amended, page 23, by striking SECTION 32 in its entirety and inserting:
/ SECTION 32. Section 12-45-10 of the 1976 Code is repealed. /
Amend the bill further, as and if amended, page 24, by deleting SECTION 34.
Renumber sections to conform.
Amend title to conform
Senator HAYES explained the committee amendment.
The committee amendment was adopted.
Senator HAYES proposed the following amendment (AGM\19543AB12), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 12 in its entirety and inserting:
/ SECTION 12. Section 12-37-900 of the 1976 Code, as last amended by Act 313 of 2008, is further amended to read:
"Section 12-37-900. Every person required by law to list property shall, annually, between the first day of January and the first day of March, make out and deliver to the auditor assessor of the county in which the property is by law to be returned for taxation a statement, verified by his oath, of all the real estate which has been sold or transferred since the last listing of property for which he was responsible and to whom, and of all real and personal property possessed by him, or under his control, on the thirty-first day of December next preceding, either as owner, agent, parent, spouse, guardian, executor, administrator, trustee, receiver, officer, partner, factor, or holder with the value thereof, on such thirty-first day of December, at the place of return, estimating according to the rules prescribed by law, except that the returns of corn, cotton, wheat, oats, rice, peas, and long forage, made on the day specified by law, shall be the amounts actually on hand in the hands of the producer thereof on the first day of August, immediately preceding the date of such return. But any county upon the written approval of a majority of the county legislative delegation, including the senator, may waive penalties for failing to make such statement or may provide that such statement shall be made every fourth year. This section shall not repeal or alter any prior law or laws applying to particular counties which allow or provide for returns of real property more frequently than every four years.
A manufacturer not under a fee agreement is not required to return personal property for ad valorem tax purposes if the property remains in this State at a manufacturing facility that has not been operational for one fiscal year and the personal property has not been used in operations for one fiscal year. The personal property is not required to be returned until the personal property becomes operational in a manufacturing process or until the property has not been returned for ad valorem tax purposes for four years, whichever is earlier. A manufacturer must continue to list the personal property annually and designate on the listing that the personal property is not subject to tax pursuant to this section." /
Amend the bill further by deleting SECTION 28 in its entirety and inserting:
/ SECTION 28. Section 12-39-220 of the 1976 Code is amended to read:
"Section 12-39-220. If the county auditor assessor shall at any time discover that any real estate or new structure, addition, or improvement duly returned and appraised for taxation, has been omitted from the duplicate, he shall immediately appraise it and notify the auditor. Upon receiving notification from the assessor, the auditor shall charge it on the duplicate with the taxes of the current year and the simple taxes of each preceding year it may have escaped taxation. And if the owner of any real estate or new structure, addition, or improvement thereon, subject to taxation, has not returned or reported it for taxation, according to the requirements of this chapter, and it has not been appraised for taxation, the auditor assessor shall, upon discovery thereof, appraise it and, upon making return of such appraisement, notification from the assessor, the auditor shall charge it upon the duplicate, with the taxes of the then current year and the taxes of each preceding year it may have escaped taxation, with twenty per cent penalty and all applicable penalties upon such taxes of preceding years. And if any real estate shall have been omitted in any return, the auditor of the county shall appraise it immediately for taxation, file such appraisement in his office and charge it with the taxes of the current year and the simple taxes of preceding years it may have escaped taxation." /
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the amendment.
The amendment was adopted.
The question then was second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bright Bryant Campbell Campsen Courson Cromer Elliott Fair Ford Gregory Grooms Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin, Larry Martin, Shane Massey Matthews McGill Nicholson O'Dell Peeler Rankin Reese Rose Ryberg Scott Setzler Sheheen Shoopman Thomas Verdin Williams
Total--0
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 1229 (Word version) -- Senators O'Dell and Ford: A BILL TO AMEND SECTION 38-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES REQUIRED FOR ADJUSTERS, SO AS TO ADD EXEMPTIONS FROM LICENSURE; AND TO AMEND SECTION 38-47-20, RELATING TO RECIPROCAL AGREEMENTS FOR LICENSING NONRESIDENT ADJUSTERS, SO AS TO PROVIDE WHERE A NONRECIPROCAL AGREEMENT EXISTS BETWEEN THIS STATE AND ANOTHER STATE, AN APPLICANT FOR A NONRESIDENT ADJUSTER'S LICENSE WHO HOLDS A LICENSE IN ANOTHER STATE MAY RESIDE IN THE UNITED STATES OR CANADA WITHOUT LOSING THE BENEFITS OF THE RECIPROCAL AGREEMENT IF HE COMPLIES WITH OTHER APPLICABLE LICENSURE REQUIREMENTS.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator HUTTO proposed the following amendment (AGM\19568AB12), which was adopted:
Amend the bill, as and if amended, Section 38-47-10(A), as contained in SECTION 1, page 1, line 33, by deleting the subsection in its entirety and inserting:
/ (A) Every An individual commonly called an adjuster, adjusting losses for an insurer licensed to do business in this State, must be licensed by the director or his designee. These individuals shall apply for a license on a form prescribed by the director or his designee. The director or his designee shall satisfy himself that each applicant for an adjuster's license is an individual of good moral character, has sufficient knowledge of the insurance business and his duties as an adjuster, has not violated the insurance laws of the State, and is a fit and proper individual for the position. No license may be issued to a nonresident adjuster who resides in a state refusing to license South Carolina adjusters whose resident or designated home state refuses to license South Carolina adjusters. /
Amend the bill further, Section 38-47-10(E), as contained in SECTION 1, page 3, line 6, by deleting / resolutions / and inserting / adjudication /.
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senator CROMER desired to be recorded as voting against the adoption of the HUTTO amendment.
The question then was second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bright Bryant Campbell Campsen Courson Cromer Elliott Fair Ford Gregory Grooms Hayes Jackson Knotts Land Leventis Malloy Martin, Larry Martin, Shane Massey Matthews McGill Nicholson O'Dell Peeler Rankin Reese Rose Ryberg Scott Setzler Shoopman Thomas Verdin Williams
Total--0
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 1375 (Word version) -- Senators Campsen, Hutto and Ford: A BILL TO AMEND SECTION 56-5-3860 OF THE 1976 CODE, RELATING TO THE PROHIBITION OF ANIMALS AND CERTAIN VEHICLES ON CONTROLLED ACCESS HIGHWAYS, TO PROVIDE FOR AN EXEMPTION FOR BICYCLES AND PEDESTRIANS UNDER CERTAIN CIRCUMSTANCES.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.
The Committee on Transportation proposed the following amendment (1375R001.LKG), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 56-5-3860 of the 1976 Code is amended to read:
"Section 56-5-3860. (A)(1) No person, unless otherwise directed by a law enforcement officer, shall occupy any space within the limits of the roadway and shoulders of the main facility of a freeway with an animal-drawn vehicle, a ridden or led animal, herded animals, a pushcart, a bicycle, a bicycle with motor attached, a motor-driven cycle with a motor which produces not to exceed five brake horsepower, an agricultural tractor or other farm machinery, except in the performance of public works or official duties.
(2) The prohibitions imposed by this subsection on the use of freeways do not apply to service roads alongside the highways.
(B)(1) A local governing body may authorize a partial exemption from the provisions contained in subsection (A) that would allow bicyclists and pedestrians to use the roadway and shoulders of the main facility of a non-interstate freeway.
(2) The local governing body may authorize a partial exemption to subsection (A) for bicyclists and pedestrians if the local governing body:
(a) determines that bicyclists and pedestrians have no other reasonably safe or viable alternative route;
(b) adopts an ordinance allowing bicycle and pedestrian traffic on the shoulder of a main facility of the non-interstate freeway and allowing bicycle and pedestrian traffic on the roadway when utilizing the shoulder is not practicable because of an obstruction or an unpaved shoulder, or when necessary to cross an access ramp in compliance with accepted bicycle safety standards and practices; and
(c) notifies the department that the ordinance has been adopted.
(4) Upon receiving notice pursuant to item (3)(c), the department shall remove all signs prohibiting pedestrians and bicyclists along the roadway and shoulders of the main facility of the portion of the freeway to which the ordinance applies.
(5) The local governing body may request permission from the department to erect appropriate signs and markers along the roadway and shoulders of the main facility of the portion of the freeway to which the partial exemption applies.
(B)(C) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days."
SECTION 2. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.
Senator CAMPSEN explained the committee amendment.
The committee amendment was adopted.
The question then was second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Campbell Campsen Courson Cromer Elliott Fair Ford Gregory Grooms Hayes Hutto Jackson Knotts Land Leatherman Lourie Malloy Martin, Larry Martin, Shane Massey Matthews McGill Nicholson O'Dell Peeler Pinckney Reese Rose Ryberg Scott Setzler Sheheen Shoopman Thomas Verdin Williams
Bright Bryant
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
Senator KNOTTS asked unanimous consent to be allowed to submit further amendments on third reading.
There was no objection.
S. 1376 (Word version) -- Senators Grooms, Campbell, Land, Peeler, Cleary, Cromer, Coleman, Setzler, McGill, Verdin, Nicholson, Shoopman, Rankin and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-15-315 SO AS TO PROVIDE FOR OFF-SITE DISPLAYS OF AUTOMOBILES AND CERTAIN TRUCKS UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS PROVISION.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.
The Committee on Transportation proposed the following amendment (1376R001.LKG), which was adopted:
Amend the bill, as and if amended, page 2, by striking lines 1 - 7 and inserting:
/ (D) Off-site displays are for display purposes only. Sales or attempts to sell as defined in Section 56-15-10(l), or both, are not permitted off site. An automobile or truck dealer who sells or attempts to affect the off-site sale of an automobile or truck is in violation of this section and is subject to a two thousand dollar fine. An agent of an automobile or truck dealer who sells or attempts to affect the off-site sale of any automobile or truck is subject to a separate five hundred dollar fine. /
Amend the bill further, as and if amended, page 2, by striking lines 15 - 16 and inserting:
/ (G) Nothing in this section shall be construed to prevent a licensed dealer from providing vehicles for demonstration or test driving purposes as specified in Section 56-3-2320.
(H) The department shall enforce the provisions contained in this section." /
Renumber sections to conform.
Amend title to conform.
Senator CAMPSEN explained the committee amendment and the Bill.
The committee amendment was adopted.
The question then was second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bright Bryant Campbell Campsen Courson Cromer Elliott Fair Ford Gregory Grooms Hayes Hutto Jackson Knotts Leatherman Lourie Malloy Martin, Larry Martin, Shane Massey Matthews McGill Nicholson O'Dell Peeler Pinckney Reese Rose Ryberg Scott Setzler Sheheen Shoopman Thomas Verdin
Total--0
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 1429 (Word version) -- Senators Alexander and Ford: A BILL TO AMEND SECTION 44-36-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT BY THE GOVERNOR OF MEMBERS TO THE ALZHEIMER'S DISEASE AND RELATED DISORDERS RESOURCE COORDINATION CENTER ADVISORY COUNCIL, SO AS TO PROVIDE THAT THE LIEUTENANT GOVERNOR SHALL APPOINT MEMBERS TO THE COUNCIL.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Committee on Medical Affairs proposed the following amendment (S-1429-2), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 3, Chapter 36, Title 44 of the 1976 Code is amended to read:
"Section 44-36-310. There is created in the Office of the Lieutenant Governor, Division on Aging, the Alzheimer's Disease and Related Disorders Resource Coordination Center to provide statewide coordination, service system development, information and referral, and caregiver support services to individuals with Alzheimer's disease and related
disorders, their families, and caregivers.
Section 44-36-320. The center shall:
(1) initiate the development of systems which coordinate the delivery of programs and services;
(2) facilitate the coordination and integration of research, program development, planning, and quality assurance;
(3) identify potential users of services and gaps in the service delivery system and expand methods and resources to enhance statewide services;
(4) serve as a resource for education, research, and training and provide information and referral services;
(5) provide technical assistance for the development of support groups and other local initiatives to serve individuals, families, and caregivers;
(6) recommend public policy concerning Alzheimer's disease and related disorders to state policymakers;
(7) submit an annual report to the Chairman of the Medical Affairs Committee of the Senate and the Chairman of the Medical, Military, Public and Municipal Affairs Committee of the House of Representatives in addition to publishing the report on the Lieutenant Governor's website Joint Legislative Committee on Aging and to the General Assembly.
Section 44-36-330. (A) The Alzheimer's Disease and Related Disorders Resource Coordination Center must be supported by an advisory council appointed by the Lieutenant Governor including, but not limited to, representatives of:
(1) Alzheimer's Association Chapters;
(2) American Association of Retired Persons;
(3) Clemson University;
(4) Department of Disabilities and Special Needs;
(5) Department of Health and Environmental Control;
(6) Department of Mental Health;
(7) Department of Social Services;
(8) Department of Health and Human Services.;
(9) Medical University of South Carolina;
(10) National Association of Social Workers, South Carolina Chapter;
(11) South Carolina Adult Day Care Association;
(12) South Carolina Association of Area Agencies on Aging;
(13) South Carolina Association of Council on Aging Directors;
(14) South Carolina Association of Nonprofit Homes for the Aging;
(15) South Carolina Association of Residential Care Homes;
(16) South Carolina Health Care Association;
(17) South Carolina Home Care Association;
(18) South Carolina Hospital Association;
(19) South Carolina Medical Association;
(20) South Carolina Nurses' Association;
(21) Statewide Alzheimer's Disease and Related Disorders Registry;
(22) University of South Carolina;
(23) South Carolina State University.
(B) Members of the advisory council are not entitled to mileage, per diem, subsistence, or any other form of compensation."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator ALEXANDER explained the committee amendment.
The committee amendment was adopted.
The question then was second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bright Bryant Campbell Campsen Courson Cromer Elliott Fair Ford Gregory Grooms Hayes Hutto Jackson Knotts Leatherman Lourie Malloy Martin, Larry Martin, Shane Massey Matthews McGill Nicholson O'Dell Peeler Reese Rose Ryberg Scott Setzler Sheheen Shoopman Thomas Verdin
Total--0
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 1438 (Word version) -- Senators Lourie, Alexander, Sheheen, Courson, Nicholson, Hutto and Cleary: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 84 TO TITLE 44 SO AS TO CREATE THE COMMISSION ON HUNGER WITHIN AND STAFFED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Committee on Medical Affairs proposed the following amendment (NBD\12368AC12), which was adopted:
Amend the bill, as and if amended, by deleting Section 44-84-30 beginning on page 3, line 30 through page 4, line 42 and inserting:
/ Section 44-84-30. (A) The Commission on Hunger must be comprised of the following officials or their designees, who shall serve ex officio:
(1) Commissioner of the Department of Health and Environmental Control;
(2) Director of the Department of Social Services;
(3) Superintendent of Education;
(4) Commissioner of the Department of Agriculture;
(5) Director of the Department of Health and Human Services;
(6) Director of the Department of Employment and Workforce;
(7) Director of the Division on Aging, Office of the Lieutenant Governor;
(8) Chair of the Joint Citizens and Legislative Committee on Children;
(9) President of the South Carolina Food Bank Association;
(10) President of the South Carolina Dietetic Association;
(11) Director of the School Nutrition Council of South Carolina;
(12) Director of the South Carolina Association of Counties;
(13) Director of the Municipal Association of South Carolina;
(14) President of the South Carolina Hospitality Association;
(15) Executive Minister of the Christian Action Council;
(16) President of the South Carolina State Conference of the National Association for the Advancement of Colored People;
(17) President of the Hispanic Leadership Council.
(B) The commission shall elect from among its members a chairman and a vice chairman who shall serve terms of two years. The commission shall meet quarterly and otherwise at the call of the chair. A majority of the commission members constitutes a quorum for the purpose of conducting the business of the commission. /
Renumber sections to conform.
Amend title to conform.
Senator LOURIE explained the committee amendment.
The committee amendment was adopted.
Senators SHANE MARTIN and BRYANT proposed the following amendment (1438R001.SRM), which was adopted:
Amend the bill, as and if amended, page 5, by striking lines 10-11 and inserting:
/ (2) hold public hearings; /
Renumber sections to conform.
Amend title to conform.
Senator SHANE MARTIN explained the amendment.
The amendment was adopted.
The question then was second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryant Campbell Campsen Cromer Elliott Fair Ford Gregory Grooms Hayes Hutto Jackson Knotts Leatherman Leventis Lourie Malloy Martin, Larry Martin, Shane Massey Matthews McGill Nicholson O'Dell Peeler Pinckney Rankin Reese Rose Ryberg Scott Sheheen Shoopman Thomas Verdin Williams
Bright
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 4787 (Word version) -- Reps. Brady and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 97 TO TITLE 38 SO AS TO ENACT THE "PORTABLE ELECTRONICS INSURANCE ACT", TO PROVIDE CERTAIN DEFINITIONS RELATED TO PORTABLE ELECTRONICS INSURANCE, TO PROVIDE REQUIREMENTS RELATING TO THE SALE OF PORTABLE ELECTRONICS INSURANCE, TO PROVIDE CERTAIN DISCLOSURE REQUIREMENTS OF A VENDOR OF PORTABLE ELECTRONICS INSURANCE TO THE PROSPECTIVE CONSUMER OF THIS INSURANCE, TO PROVIDE PENALTIES FOR A VIOLATION, AND TO PROVIDE LICENSURE FEES AND SURCHARGES.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator THOMAS proposed the following amendment (AGM\19564AB12), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Title 38 of the 1976 Code is amended by adding:
Portable Electronics Insurance
Section 38-97-10. This chapter may be cited as the 'Portable Electronics Insurance Act'.
Section 38-97-20. For the purposes of this section:
(1) 'Customer' means a person who purchases portable electronics or related services.
(2) 'Enrolled customer' means a customer who elects coverage under a portable electronics insurance policy issued to a vendor of portable electronics.
(3) 'Location' means any physical location in this State or any website, call center site, or similar location directed to residents of this State.
(4) 'Portable electronics' means electronic devices that are portable in nature, their accessories, and services related to the use of the device.
(5) 'Portable electronics insurance' means insurance covering the repair or replacement of portable electronics. This insurance may provide coverage for portable electronics against loss, theft, and inoperability due to mechanical failure, malfunction, damage, and other similar loss. Portable electronics insurance does not include:
(a) a service contract governed by Section 38-78-20(12);
(b) an insurance policy covering the obligation of a seller or manufacturer under a warranty; and
(c) a homeowner's, renter's, private passenger automobile, commercial multiperil, or similar policies.
(6) 'Portable electronics transaction' means:
(a) the sale or lease of portable electronics by a vendor to a customer; and
(b) the sale of a service related to the use of portable electronics by a vendor to a customer.
(7) 'Supervising entity' means a business entity licensed as a property and casualty insurer or insurance producer with a property and casualty line of authority.
(8) 'Vendor' means a person directly or indirectly engaged in the business of portable electronics transactions.
Section 38-97-30. (A) A vendor must hold a portable electronics insurance license to sell or offer coverage under a policy of portable electronics insurance.
(B) A portable electronics insurance license issued under this section authorizes any employee or authorized representative of the vendor to sell or offer coverage under a policy of portable electronics insurance to a customer at each location at which the vendor engages in portable electronics transactions. Both an employee and an authorized representative of a vendor must have completed the training required by Section 38-97-50.
(C) The supervising entity shall maintain a registry of vendor locations which are authorized to sell or solicit portable electronics insurance coverage in this State. Upon request by the director or his designee and with ten days' notice to the supervising entity, the registry must be open to inspection and examination by the director or his designee during regular business hours of the supervising entity.
(D) Notwithstanding another provision of law, a license issued pursuant to this section authorizes the licensee and its employees or authorized representatives to engage in those activities that are permitted in this section.
Section 38-97-40. (A) A vendor of portable electronics insurance must make certain brochures or other written materials available to its customers in a location where the vendor sells this insurance. The brochures or written materials must:
(1) disclose that portable electronics insurance may provide a duplication of coverage already provided by a homeowner's policy, renter's insurance policy, or other source of insurance coverage of the customer;
(2) state that the enrollment in a portable electronics insurance program is not required for the customer to purchase or lease portable electronics or services from the vendor; and
(3) summarize the material terms of the insurance coverage, including:
(a) the identity of the insurer;
(b) the identity of the supervising entity;
(c) the amount of any applicable deductible and how this deductible must be paid;
(d) benefits of the coverage;
(e) key terms and conditions of coverage such as whether portable electronics may be repaired or replaced with similar make and model, reconditioned or nonoriginal manufacturer parts or equipment;
(f) a summary of the process for filing a claim under the policy, including a description of how to return portable electronics and the maximum fee applicable if an enrolled customer fails to comply with an equipment return requirement; and
(g) a statement that an enrolled customer may cancel enrollment for coverage under a portable electronics insurance policy at any time and the person who pays the premium must receive a refund of any applicable unearned premium.
(B) Portable electronics insurance may be offered on a month-to-month or other periodic basis as a group or master commercial inland marine policy issued to a vendor of portable electronics for its enrolled customers.
(C) Eligibility and underwriting standards for customers electing to enroll in coverage must be established for each portable electronics insurance program.
Section 38-97-50. (A) The employees and authorized representatives of a vendor may sell or offer portable electronics insurance to customers and may not be subject to licensure as an insurance producer under this title if:
(1) the vendor obtains a portable electronics insurance license to authorize its employees or authorized representatives to sell or offer portable electronics insurance pursuant to this section;
(2) the employee or authorized representative of a vendor of public electronics does not advertise, represent, or otherwise hold himself out as a non-portable electronics insurance licensed insurance producer; and
(3) the insurer issuing the portable electronics insurance either directly supervises or appoints a supervising entity to supervise the administration of the program, including development of a training program for employees and authorized representatives of the vendor. An outline of the training materials required by this section must be maintained by the supervising entity and provided to the department upon request. The training may be provided in electronic form. However, if conducted in an electronic form, the supervising entity shall implement a supplemental education program regarding the portable electronics insurance product that is conducted and overseen by licensed employees of the supervising entity. Training required by this item must:
(a) be delivered to employees and authorized representatives of a vendor who are directly engaged in the activity of selling or offering portable electronics insurance; and
(b) include basic instruction to each employee and authorized representative about the portable electronics insurance offered and the disclosures required under Section 38-97-40.
(B) The charges for portable electronics insurance coverage may be billed and collected by a vendor of portable electronics. A charge to the enrolled customer for coverage that is not included in the cost associated with the purchase or lease of portable electronics or related services must be separately itemized on the enrolled customer's bill. If the portable electronics insurance coverage is included with the purchase or lease of portable electronics or related services, the vendor shall clearly and conspicuously disclose to the enrolled customer that the portable electronics insurance coverage is included with the purchase of the portable electronics or related services. Vendors billing and collecting these charges must not be required to maintain such funds in a segregated account if the vendor is authorized by the insurer to hold these funds in an alternative manner and remits these amounts to the supervising entity within sixty days following receipt of these amounts. Funds received by a vendor from an enrolled customer for the sale of portable electronics must be considered funds held in trust by the vendor in a fiduciary capacity for the benefit of the insurer. A vendor may receive compensation for billing and collection services provided by it.
Section 38-97-60. (A) A vendor of portable electronics, its employee, or its authorized representative who violates a provision of this chapter may after proper notice and an opportunity for a hearing be subject by the department to:
(1) administrative penalties as provided in Section 38-2-10. However, administrative penalties shall not exceed $30,000 in the aggregate for violations of a similar nature; and
(2) other penalties the department considers necessary and reasonable to effectuate the purposes of this chapter, including:
(a) suspending the privilege of transacting portable electronics insurance pursuant to this chapter at specific locations where a violation has occurred;
(b) suspending or revoking the ability of an individual employee or authorized representative to act under the license; and
(c) suspending or revoking the license of the vendor.
Section 38-97-70. (A) Notwithstanding another provision of law, an insurer may terminate coverage or otherwise change the terms and conditions of a policy of portable electronics insurance only as provided in the policy between the insurer and the policyholder and enrolled customers and only upon providing the policyholder and enrolled customers with at least thirty days' notice.
(B) If an insurer changes these terms and conditions, the insurer shall provide:
(1) the vendor with a revised policy or endorsement; and
(2) each enrolled customer with a revised certificate, endorsement, updated brochure, or other evidence indicating a change in the terms and conditions has occurred and a summary of material changes made.
(C) Notwithstanding subsection (A) of this section, an insurer may:
(1) terminate a customer's enrollment under a portable electronics insurance policy upon fifteen days' notice to the policy holder and enrolled customers for discovery of fraud or material misrepresentation in obtaining coverage or in the presentation of a claim under the coverage; and
(2) immediately terminate a customer's enrollment under a portable electronics insurance policy:
(a) for nonpayment of premium;
(b) if the enrolled customer ceases to have an active service with the vendor of portable electronics; or
(c) if an enrolled customer exhausts the individual aggregate limit of liability, if any, under the terms of the portable electronics insurance policy and the insurer sends notice of termination to the enrolled customer within thirty days after the exhaustion of this limit. If this notice is not timely sent, enrollment must continue regardless of the aggregate limit of liability until the insurer sends notice of termination to the enrolled customer.
(D) When a portable electronics insurance policy is terminated by a policyholder, the policyholder shall mail or deliver written notice to each enrolled customer advising the enrolled customer of the termination of the policy and the effective date of termination. This written notice must be mailed or delivered to the enrolled customer at least thirty days before termination.
(E) Whenever notice or correspondence with respect to a policy of portable electronics insurance is required pursuant to this section or is otherwise required by law, this notice or correspondence must be in writing. Notwithstanding any other provision of law, notices and correspondence may be sent either by mail or by electronic means as set forth in this section. If the notice or correspondence is mailed, it must be sent to the vendor of portable electronics at the vendor's mailing address specified for such purpose and to its affected enrolled customers' last known mailing addresses on file with the insurer. The insurer or vendor of portable electronics, as the case may be, shall maintain proof of mailing in a form authorized or accepted by the United States Postal Service or other commercial mail delivery service. If the notice or correspondence is sent by electronic means, it must be sent to the vendor of portable electronics at the vendor's electronic mail address specified for such purpose and to its affected enrolled customers' last known electronic mail address as provided by each enrolled customer to the insurer or vendor of portable electronics, as the case may be. For purposes of this subsection, an enrolled customer's provision of an electronic mail address to the insurer or vendor of portable electronics, as the case may be, must be considered consent to receive notices and correspondence by electronic means. An insurer or vendor of portable electronics shall maintain proof that the notice or correspondence was sent.
(F) Notice or correspondence required by this section or otherwise required by law may be sent on behalf of an insurer or vendor by the supervising entity appointed by the insurer.
Section 38-97-80. (A) A sworn application for a license under this chapter must be made to and filed with the department on forms prescribed by the department.
(B) An application required under subsection (A) must provide the:
(1) location of the home office of the applicant; and
(2) name, residential address, and other information required by the department for:
(a) an employee or officer of the vendor who is designated by the applicant as the person responsible for the compliance of the vendor with the requirements of this chapter; and
(b) all of its officers, directors, and shareholders of record having a beneficial ownership of ten percent or more of any class of securities registered under federal securities law, but only if the vendor derives more than fifty percent of its revenue from the sale of portable electronics insurance.
(3) Any changes to information provided to the department under this section, must be provided to the department within 30 days of that change being made.
(C) Any vendor engaging in portable electronics insurance transactions on or before the effective date of this act must apply for licensure within ninety days after the application being made available by the department. Any applicant commencing operations after the effective date of this act must obtain a license prior to offering portable electronics insurance.
(D) A licensee must renew a license issued pursuant to this chapter biennially before August first of every odd-numbered year. If a license is not renewed as required by this section, the license must be canceled. A licensee may reinstate the same license within six months after the compliance deadline by paying the renewal fee and a reinstatement fee equal to the renewal fee.
(E)(1) A vendor of portable electronics insurance licensed under this chapter shall pay to the department a fee of one thousand dollars for an initial portable electronics insurance license and five hundred dollars for a renewal.
(2) The department shall retain any fee or surcharge imposed by this section to use for the administration of Title 38.
Section 38-97-90. The director of the department:
(1) may, by order, require policy forms, rates, and rules concerning portable electronics insurance be filed with, and approved by, the director or his designee before use if considered necessary for the protection of the public, notwithstanding another provision of law; and
(2) may promulgate regulations necessary to implement the provisions of this chapter."
SECTION 2. The provisions of this act take effect January 1, 2013.
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
The question then was second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bright Bryant Campbell Campsen Courson Cromer Elliott Fair Ford Gregory Grooms Hayes Hutto Knotts Leatherman Leventis Lourie Malloy Martin, Larry Martin, Shane Massey McGill Nicholson O'Dell Peeler Rankin Reese Rose Ryberg Scott Setzler Sheheen Shoopman Thomas Verdin Williams
Total--0
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 3478 (Word version) -- Reps. Young, D.C. Moss, Gambrell, Agnew, Bowen, H.B. Brown, Clyburn, Spires, Frye, Bingham, Cobb-Hunter, Hardwick, Hayes, Herbkersman, Hixon, Horne, Hosey, Lucas, McEachern, Ott, Quinn, G.R. Smith, J.R. Smith, Taylor, Umphlett and White: A BILL TO AMEND SECTION 39-41-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PETROLEUM PRODUCTS AND DIESEL FUEL SUITABLE FOR BLENDING, SALE OF UNBLENDED PRODUCTS WITHOUT NECESSARY ADDITIVES, RECORDKEEPING AND REGISTRATION, ENFORCEMENT, WHOLESALER RESPONSIBILITY, LIABILITY, AND NOTICE, SO AS TO PROVIDE THAT THESE REQUIREMENTS APPLY TO EVERY TERMINAL OPERATOR AND EVERY SUPPLIER.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
The Committee on Labor, Commerce and Industry proposed the following amendment (3478R001.WGR), which was adopted:
Amend the bill, as and if amended, page 1, by striking line 25 and inserting:
/ SECTION 1. Subsections (A), (B), (C), (F), and (G) of Section /
Amend the bill further, as and if amended, page 2, by striking lines 21-23 and inserting:
/ fuel are responsible for ensuring that the products set forth in this statute are delivered to every terminal and every terminal operator located in this State with which they have a contract. /
Amend the bill further, page 2, by striking lines 24-29 and inserting:
/ (F) A violation of this article is deemed an unfair trade practice, and each violation is a separate offense. A person or entity violating the provisions of this article is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars for each violation. It shall not be a violation of this article when compliance is hindered by any catastrophic event outside the control of the person or entity such as a natural disaster, severe weather event, act of God, or acts of terrorism, fire, war, or riot.
(G) Wholesalers purchasing gasoline, gasoline blending stock, or diesel are responsible for ensuring that their activities result in gasolines and diesels that meet the standards promulgated by the Commissioner of Agriculture. Refiners, suppliers, and permissive suppliers shall not be liable for fines, penalties, injuries, or damages arising out of the subsequent blending of gasoline, gasoline blending stock, or diesel pursuant to this section. An entity that does not blend the product at issue has no duty with respect to blending and shall not be liable for fines, penalties, injuries, or damages arising out of blending that does not meet those standards. A refiner, supplier, wholesaler, or retailer is not liable for damages caused by the use of incompatible motor fuel dispensed at a retail site if all of the following applies:
(1) the incompatible fuel meets the standards promulgated by the Commissioner of Agriculture;
(2) the incompatible fuel is selected by a person other than the retailer, including an employee or agent of the retailer; and
(3) the incompatible fuel is dispensed from a motor fuel dispenser that correctly labels the type of fuel dispensed.
For the purposes of this subsection, a motor fuel is incompatible with a motor according to the manufacturer of the motor." /
Renumber sections to conform.
Amend title to conform.
Senator MASSEY explained the committee amendment.
The committee amendment was adopted.
The question then was second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bright Bryant Campbell Campsen Courson Cromer Elliott Fair Ford Gregory Grooms Hayes Knotts Land Leatherman Lourie Martin, Larry Martin, Shane Massey Matthews McGill Nicholson O'Dell Peeler Reese Rose Ryberg Setzler Sheheen Shoopman Thomas Verdin Williams
Total--0
Malloy
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 593 (Word version) -- Senators Hayes, Campsen and Ford: A BILL TO AMEND SECTION 8-13-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO CAMPAIGN PRACTICES, SO AS TO REVISE THE DEFINITIONS OF "COMMITTEE", "NONCANDIDATE COMMITTEE", AND "BALLOT MEASURE COMMITTEE", AND TO ADD A DEFINITION OF "INDEPENDENT EXPENDITURE COMMITTEE".
The Senate proceeded to a consideration of the Bill, the question being the adoption of the previously proposed amendment.
Senator SHEHEEN proposed the following amendment (JUD0593.001), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 22, by striking SECTION 1 in its entirety and inserting therein the following:
/ SECTION 1. A. Section 8-13-1300(6) of the 1976 Code, as last amended by Act 76 of 2003, is further amended to read:
"(6) 'Committee' means an association, a club, an organization, or a group of persons which, to influence the outcome of an, the major purpose of which is to support or oppose the nomination or election of a candidate to elective office, that receives contributions or makes expenditures in excess of five hundred dollars in the aggregate during an election cycle. It also means a person who, to influence the outcome of an elective office, makes:
(a) contributions aggregating at least twenty-five thousand dollars during an election cycle to or at the request of a candidate or a committee, or a combination of them; or
(b) independent expenditures aggregating five hundred dollars or more during an election cycle for the election or defeat of a candidate.
'Committee' includes a party committee, a legislative caucus committee, a noncandidate committee, or a committee that is not a campaign committee for a candidate but that is organized for the purpose of influencing an election and has as its major purpose the support of or opposition to the nomination or election of a candidate to elective office through publications and expends in excess of fifty percent of its available funds for that support or opposition."
B. Section 8-13-1300(23) of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:
"(23) 'Noncandidate committee' means a committee that: (a) is not a campaign committee for a candidate but is organized to influence an election or to support or oppose a candidate or public official, (b) receives contributions or makes expenditures in excess of five hundred dollars in the aggregate during an election cycle, and (c) has as its major purpose the support of or opposition to the nomination or election of a candidate to elective office through publications and expends in excess of fifty percent of its available funds for that support or opposition. 'Noncandidate committee' does not include political action committees that contribute solely only to federal campaigns."
C. Section 8-13-1300(32) of the 1976 Code, as added by Act 76 of 2003, is amended to read:
"(32) 'Ballot measure committee' means:
(a) an association, a club, an organization, or a group of persons which, to influence the outcome of a ballot measure,; which receives contributions or makes expenditures in excess of two thousand five hundred dollars in the aggregate during an election cycle; and which has as its major purpose the support of or opposition to the nomination or election of a candidate to elective office through publications and expends in excess of fifty percent of its available funds for that support or opposition.
(b) a person, other than an individual, who, to influence the outcome of a ballot measure, makes contributions aggregating at least fifty thousand dollars during an election cycle to or at the request of a ballot measure committee; or
(c) a person, other than an individual, who, to influence the outcome of a ballot measure, makes independent expenditures aggregating two thousand five hundred dollars or more during an election cycle."
D. Section 8-13-1300 of the 1976 Code is amended by adding an item to read:
"(35) 'Independent expenditure committee' means an association, a club, an organization, a group of persons or a person, the major purpose of which is to support or oppose the nomination or election of a candidate to elective office, that makes independent expenditures in excess of five thousand dollars in the aggregate during an election cycle, and that has as its major purpose the support of or opposition to the nomination or election of a candidate to elective office through publications and expends in excess of fifty percent of its available funds for that support or opposition." /
Renumber sections to conform.
Amend title to conform.
Senator SHEHEEN explained the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Campbell Campsen Courson Cromer Fair Ford Gregory Hayes Knotts Land Leatherman Leventis Lourie Malloy Martin, Larry Massey McGill Nicholson O'Dell Peeler Reese Rose Scott Setzler Sheheen Shoopman Thomas Verdin Williams
Bright Bryant Grooms Martin, Shane Ryberg
The amendment was adopted.
The question then was second reading of the Bill.
Senator BRIGHT objected to further consideration of the Bill, as amended.
S. 1417 (Word version) -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 108 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR THE ISSUANCE OF "SOUTH CAROLINA TENNIS PATRONS FOUNDATION" SPECIAL LICENSE PLATES.
On motion of Senator CAMPSEN, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator KNOTTS, the Senate agreed to dispense with the Motion Period.
HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF REPORTS OF COMMITTEES OF CONFERENCE AND FREE CONFERENCE.
H. 3241 (Word version) -- Reps. Owens, Stringer, G.R. Smith, Harrison, Daning, Hamilton, Bingham, Long, Henderson, Atwater, Lucas, Clemmons, Cooper, Horne, Simrill, D.C. Moss, Sandifer, Harrell, Erickson, Norman, Barfield and Loftis: A BILL TO AMEND CHAPTER 40, TITLE 59 OF THE 1976 CODE RELATED TO CHARTER SCHOOLS, TO PROVIDE FOR AMENDED DEFINITIONS, SPONSORSHIP, APPLICATION AND CONVERSION PROCEDURES, POWERS, DUTIES, REGULATIONS, ENROLLMENT LIMITS, LIABILITY, AND RETIREMENT SYSTEM AVAILABILITY FOR CERTAIN EMPLOYEES; AND TO REVISE THE MEMBERSHIPS OF THE CHARTER SCHOOL ADVISORY COMMITTEE AND THE BOARD OF TRUSTEES OF THE SOUTH CAROLINA PUBLIC CHARTER SCHOOL. (ABBREVIATED TITLE)
The Report of the Committee of Conference was taken up for immediate consideration.
Senator HAYES explained the Report of the Committee of Conference.
Senator RYBERG spoke on the Report of the Committee of Conference.
With Senator RYBERG retaining the floor, Senator COURSON asked unanimous consent to make a motion that the Senate stand adjourned.
Senator RYBERG objected.
Senator RYBERG resumed speaking on the report.
With Senator RYBERG retaining the floor, Senator COURSON asked unanimous consent to make a motion that the Senate stand adjourned.
Senator RYBERG objected.
Senator HAYES moved that it be the Sense of the Senate to direct the conferees to return to the Committee of Conference in order to insist on the Senate's position on the provisions regarding student participation in extracurricular activities.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bright Bryant Campbell Campsen Courson Cromer Elliott Fair Ford Gregory Hayes Hutto Jackson Knotts Land Leventis Lourie Malloy Martin, Larry Martin, Shane Massey Matthews McGill Nicholson O'Dell Peeler Pinckney Rankin Reese Rose Ryberg Scott Setzler Sheheen Thomas Verdin Williams
Total--0
The Sense of the Senate motion was adopted.
On motion of Senator LARRY MARTIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Jessie Kenneth "Ken" Maxey, 70, of Norris, S.C., former Mayor of Norris for 8 years, was employed with the Liberty Life Insurance Company for 28 years and was a founding member of the Norris Volunteer Fire Department where he served for 42 years. He was the beloved husband of Glenda, devoted father and doting grandfather. He was a Mason, an avid outdoorsman and gardener and will be missed by friends and family.
At 2:53 P.M., on motion of Senator COURSON, the Senate adjourned to meet tomorrow at 2:00 P.M.
Senators ROSE and SHANE MARTIN desired to be recorded as voting against the motion to adjourn.
This web page was last updated on Wednesday, December 19, 2012 at 10:24 A.M.