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:
Beloved, hear the words of St. John in his First Epistle, Chapter 5 (v. 4):
"For whatsoever is born of God overcomes the world; and this
Is the victory that overcometh the world, our faith."
Let us pray.
Father, God, the Almighty: we do not know when St. John wrote these words, but we know, probably, that it was near the close of the first century to strengthen the spirituality of the believers against the deadening influence of the agnostics.
And so, as we return from our synagogues and our churches, we note that St. John taught that faith is not so much to be argued but affirmed.
As the years come and the ages roll on, may the luster of our faith brighten our future.
Help us to face our day with selfless devotion to duty and love of our country, knowing that faith is not the creator of reality, but the appropriation of reality.
With a clarified faith may we unsheathe the sword of the Spirit, the Word of God, and win the victory over a turbulent world... beginning right here.
Amen.
Senator PEELER made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator PEELER moved that a Call of the Senate be made. The following Senators answered the call:
Alexander Anderson Branton Bryan Cork Courson Courtney Drummond Fair Ford Giese Glover Gregory Holland Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Ryberg Saleeby Setzler Smith, J. Verne Thomas Waldrep Washington Wilson
A quorum being present, the Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator BRANTON introduced Dr. Jim McCoy of Charleston, S.C., Doctor of the Day.
On motion of Senator BRANTON, at 12:00 Noon, Senator HAYES was granted a leave of absence for today.
Senator MARTIN rose for an Expression of Personal Interest.
At 12:58 P.M., on behalf of Senator DRUMMOND and in his absence from the Chamber, Senator MOORE asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 1:15 P.M.
There was no objection and a message was sent to the House accordingly.
S. 1180 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-67-270 SO AS TO PROVIDE FOR A COURT-ORDERED LICENSE UNDER CERTAIN CONDITIONS TO ENTER ADJOINING REAL PROPERTY TO EFFECT REPAIRS, MAINTENANCE, OR IMPROVEMENTS ON OTHER PROPERTY UPON A SHOWING OF REASONABLENESS, TO REQUIRE A GOOD FAITH EFFORT TO OBTAIN THE LANDOWNER'S CONSENT BEFORE PETITIONING THE COURT FOR LICENSE TO ENTER, TO DEFINE "GOOD FAITH EFFORT", AND TO SPECIFY LIMITATIONS ON THE SCOPE AND DURATION OF A COURT-ORDERED LICENSE.
On motion of Senator PASSAILAIGUE, with unanimous consent, his name was added as a co-sponsor of the Bill.
The following were introduced:
S. 1186 -- Senators Hutto and Lander: A BILL TO AMEND CHAPTER 22, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE WAREHOUSE SYSTEM, BY ADDING SECTION 39-22-15 SO AS TO DEFINE LOSS OVER THE AMOUNT PROTECTED BY A WAREHOUSEMAN'S BOND AND TO PROVIDE THAT DEPOSITORS MAY RECOVER LOSSES OVER THE AMOUNT PROTECTED BY A WAREHOUSEMAN'S BOND; TO AMEND SECTION 39-22-80, AS AMENDED, RELATING TO EXEMPTION OF ELECTRONIC WAREHOUSE RECEIPTS, SO AS TO PROVIDE FOR WRITTEN NOTICE AND CONSENT IN CONNECTION WITH THE USE OF ELECTRONIC WAREHOUSE RECEIPTS, TO AMEND SECTION 39-22-90, AS AMENDED, RELATING TO PROHIBITED ACTS AND PENALTIES IN CONNECTION WITH WAREHOUSE RECEIPTS, SO AS TO PROHIBIT ISSUING OR TRANSFER OF AN ELECTRONIC WAREHOUSE RECEIPT WITHOUT WRITTEN NOTICE TO OR THE CONSENT OF THE DEPOSITOR, TO AMEND SECTION 39-22-150, RELATING TO CLAIMS AGAINST THE STATE WAREHOUSE SYSTEM GUARANTY FUND, SO AS TO PROTECT DEPOSITORS AGAINST LOSSES OVER THE AMOUNT PROTECTED BY A WAREHOUSEMAN'S BOND, TO PROVIDE FOR PENALTIES, AND TO PROVIDE THAT CERTAIN PROVISIONS OF THE ACT APPLY RETROACTIVELY.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
Senator HUTTO asked unanimous consent to make a motion to recall the Bill from the Committee on Agriculture and Natural Resources.
There was no objection.
On motion of Senator HUTTO, with unanimous consent, the Bill was placed on the Calendar.
S. 1187 -- Senator Reese: A BILL TO AMEND SECTION 12-36-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF WHOLESALE SALE FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO ELIMINATE THE REQUIREMENT THAT COOKING OIL MUST BE USED AS AN INGREDIENT TO QUALIFY AS FOOD OR DRINK PRODUCTS SOLD TO LICENSED RETAIL MERCHANTS FOR USE IN PREPARING READY-TO-EAT FOOD AND TO EXTEND THE DEFINITION OF WHOLESALE SALE TO NONREUSEABLE ITEMS SOLD TO FOOD AND BEVERAGE VENDORS PROVIDED TO CUSTOMERS AS PART OF THE SALE AND TO NONREUSEABLE ITEMS SOLD TO LICENSED RETAILERS OR PROVIDERS OF ACCOMMODATIONS TO TRANSIENTS PROVIDED TO CUSTOMERS AS PART OF THE SALE OF ACCOMMODATIONS.
Read the first time and referred to the Committee on Finance.
S. 1188 -- Senators Passailaigue and McConnell: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HIGHWAY BEAUTIFICATION AND SCENIC ROUTES, BY ADDING ARTICLE 6, SO AS TO DESIGNATE SOUTH CAROLINA HIGHWAY 61, FROM CHURCH CREEK BRIDGE AND TEN MILES NORTH, A SCENIC BYWAY AND TO MAKE THE DESIGNATED HIGHWAY SUBJECT TO THE OUTDOOR ADVERTISING ACT.
Read the first time and referred to the Committee on Transportation.
S. 1189 -- Senator Moore: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 58 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR COUNTY VETERANS AFFAIRS OFFICERS.
Read the first time and referred to the Committee on Transportation.
S. 1190 -- Senator Leatherman: A BILL TO AMEND SECTION 7-7-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN FLORENCE COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED AND TO REPEAL SECTION 7-7-265, RELATING TO THE DESIGNATION OF VOTING PLACES IN FLORENCE COUNTY.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
S. 1191 -- Senator Moore: A SENATE RESOLUTION TO COMMEND BRIAN NAPPIER OF MIDLAND VALLEY HIGH SCHOOL FOR HIS OUTSTANDING ACHIEVEMENTS, ACADEMICALLY AND ON THE PLAYING FIELDS, IN FOOTBALL, TRACK, AND BASEBALL, AND FOR HIS EQUALLY OUTSTANDING SERVICE TO HIS SCHOOL, HIS COMMUNITY, AND HIS CHURCH, AND TO CONGRATULATE HIM ON THE OCCASION OF HIS BEING SELECTED AS THE RECIPIENT OF THE MIDLAND VALLEY CHAMBER OF COMMERCE'S 1998 YOUTH OF THE YEAR AWARD.
The Senate Resolution was adopted.
S. 1192 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION CONGRATULATING FIRST PRESBYTERIAN CHURCH OF GREENVILLE ON THE OCCASION OF THE CHURCH'S ONE HUNDRED FIFTIETH ANNIVERSARY.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1193 -- Senator Giese: A CONCURRENT RESOLUTION DECLARING THE MONTH OF MAY AS STROKE MONTH IN SOUTH CAROLINA AND URGING ALL CITIZENS TO EDUCATE THEMSELVES REGARDING RISK FACTORS FOR STROKE AND HEART DISEASE AND THE SIGNS AND SYMPTOMS OF THESE DISEASES.
The question then was the adoption of the Concurrent Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Russell Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
The Concurrent Resolution was adopted, ordered sent to the House.
H. 4439 -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-14-410 SO AS TO REGULATE WHEN A CLAIMANT MAY COMMENCE A SUIT OR OTHER PROCEEDING AGAINST A FORMER SHAREHOLDER OF A DISSOLVED CORPORATION FOR CERTAIN CLAIMS AND TO REGULATE WHEN A CLAIMANT MAY SATISFY A JUDGMENT RENDERED AGAINST A DISSOLVED CORPORATION BY PROCEEDING AGAINST OR JOINING AN INDIVIDUAL SHAREHOLDER, AND TO PROVIDE THAT THE ABOVE PROVISIONS SHALL APPLY RETROACTIVELY.
Read the first time and referred to the Committee on Judiciary.
H. 4463 -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO PROVIDE THAT A PERSON WHO FALSELY REPORTS THE EXISTENCE OF A CREDIT CARD ACCOUNT OR DEBT TO A CREDIT REPORTING AGENCY IS GUILTY OF A MISDEMEANOR, AND TO PROVIDE A PENALTY.
Read the first time and referred to the Committee on Judiciary.
H. 4631 -- Reps. Fleming, Seithel, Martin, Simrill, Davenport, Klauber, Hinson, Bauer, Sharpe, Sandifer, McMaster, Barfield, Barrett and R. Smith: A BILL TO ENACT THE "SOUTH CAROLINA SCHOOL SAFETY ACT OF 1998" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-7-12 SO AS TO PROVIDE FOR DESIGNATION AND ASSIGNMENT OF SCHOOL RESOURCE OFFICERS BY THE GOVERNING BODIES OF CERTAIN POLITICAL SUBDIVISIONS, INCLUDING SCHOOL DISTRICTS, TO WORK WITHIN THE SCHOOL SYSTEMS OF MUNICIPALITIES OR COUNTIES, AND TO DEFINE A SCHOOL RESOURCE OFFICER; BY ADDING SECTION 59-63-335 SO AS TO PROVIDE FOR PAYMENT OF A PARTY'S ATTORNEY'S FEES UPON FAILURE OF A SCHOOL ADMINISTRATOR TO REPORT CERTAIN CRIMINAL CONDUCT; TO AMEND SECTION 59-63-360, RELATING TO THE ATTORNEY GENERAL MONITORING SCHOOL CRIMES, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL OR HIS DESIGNEE MAY REPRESENT THE LOCAL SCHOOL DISTRICT WHEN A CRIMINAL CASE INVOLVING SCHOOL CRIME IS APPEALED TO AN APPELLATE COURT OF COMPETENT JURISDICTION; TO AMEND SECTION 59-63-370, RELATING TO STUDENT CONVICTION OR DELINQUENCY ADJUDICATION FOR CERTAIN OFFENSES, SO AS TO INCLUDE WEAPONS OFFENSES FOR PURPOSES OF NOTIFICATION OF THE SENIOR ADMINISTRATOR AT THE STUDENT'S SCHOOL AND PLACEMENT OF INFORMATION IN PERMANENT SCHOOL RECORDS; BY ADDING SECTION 59-63-375 SO AS TO DEFINE A WEAPON FOR PURPOSES OF SECTION 59-63-370.
Read the first time and referred to the Committee on Judiciary.
H. 4655 -- Rep. Sharpe: A BILL TO AMEND SECTION 44-96-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE SOLID WASTE MANAGEMENT POLICY AND GOALS, SO AS TO REVISE THE STATE GOALS CONCERNING SOLID WASTE REDUCTION AND RECYCLING; TO AMEND SECTION 44-96-60, AS AMENDED, RELATING TO THE STATE SOLID WASTE MANAGEMENT PLAN, ANNUAL REPORT, AND ADVISORY COUNCIL, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ESTABLISH PROCEDURES AND PROMULGATE REGULATIONS NECESSARY TO OBTAIN RECYCLING DATA; AND TO AMEND SECTION 44-96-150 RELATING TO PLASTIC PACKAGING FOR PRODUCTS, SO AS TO REQUIRE THAT LABELING ON SUCH PACKAGING MUST BE INTERPRETED TO CONFORM WITH NATIONWIDE PLASTICS INDUSTRY STANDARDS.
Read the first time and referred to the Committee on Medical Affairs.
H. 4696 -- Reps. Altman and McCraw: A BILL TO AMEND ARTICLE 7, CHAPTER 4, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE CONTROL LAWS AFFECTING WINE ONLY, BY ADDING SECTION 61-4-735 SO AS TO REGULATE CERTAIN PRACTICES BETWEEN WINE MANUFACTURERS, WHOLESALERS, AND RETAILERS, AND TO PROVIDE FOR OTHER PRACTICES AND PROCEDURES APPLICABLE TO THE SALE OF WINE.
Read the first time and referred to the Committee on Judiciary.
H. 4894 -- Reps. Hawkins, Littlejohn, Wilkins, Wilder, Lee, Vaughn, Haskins, Allison, D. Smith, Fleming, Davenport and Lanford: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF REIDVILLE ROAD IN SPARTANBURG COUNTY FROM THE INTERSECTION OF MAIN STREET AND REIDVILLE ROAD IN THE CITY OF SPARTANBURG TO THE INTERSECTION OF INTERSTATE 26 AND REIDVILLE ROAD AS THE "JOHN B. WHITE, SR. BOULEVARD" AND TO ERECT APPROPRIATE MARKERS OR SIGNS TO THAT EFFECT.
Introduced and referred to the Committee on Transportation.
H. 4895 -- Reps. Carnell, McKay, Inabinett, Bailey, Wilder, Klauber, Keegan, Kelley, Bowers, Beck, Dantzler, R. Smith, Askins, J. Smith, Mason, Hawkins, H. Brown, Lanford, Townsend, Meacham, McAbee, McCraw, Sharpe, Woodrum, Witherspoon, Haskins, Stoddard, Battle, Davenport, Kirsh, Loftis, Quinn, G. Brown, Fleming and Edge: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO AMEND THE TAX LAWS OF THE UNITED STATES RELATING TO ONLY FIFTY PERCENT OF BUSINESS MEAL AND ENTERTAINMENT EXPENSES BEING ALLOWED AS A DEDUCTION, SO AS TO RESTORE AND PROVIDE FOR THE DEDUCTION OF ONE HUNDRED PERCENT OF BUSINESS MEAL AND ENTERTAINMENT EXPENSES.
Introduced and referred to the Committee on Finance.
H. 4941 -- Rep. Fleming: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF MARCH 9, 1998, MISSED BY THE STUDENTS OF UNION HIGH SCHOOL OF THE SCHOOL DISTRICT OF UNION COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO A BROKEN WATER MAIN IN UNION COUNTY THAT SERVES UNION HIGH SCHOOL IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4949 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-67-270 SO AS TO PROVIDE FOR A COURT-ORDERED LICENSE UNDER CERTAIN CONDITIONS TO ENTER ADJOINING REAL PROPERTY TO EFFECT REPAIRS, MAINTENANCE, OR IMPROVEMENTS ON OTHER PROPERTY UPON A SHOWING OF REASONABLENESS, TO REQUIRE A GOOD FAITH EFFORT TO OBTAIN THE LANDOWNER'S CONSENT BEFORE PETITIONING THE COURT FOR LICENSE TO ENTER, TO DEFINE "GOOD FAITH EFFORT", AND TO SPECIFY LIMITATIONS ON THE SCOPE AND DURATION OF A COURT-ORDERED LICENSE.
Read the first time and referred to the Committee on Judiciary.
H. 4965 -- Reps. Walker, Allison, Lanford, Lee, Phillips, Davenport, D. Smith, Littlejohn and Hawkins: A BILL TO ESTABLISH A SPARTANBURG COUNTY EDUCATION OVERSIGHT COMMITTEE AND TO DEVOLVE THE DUTIES AND FUNCTIONS OF THE SPARTANBURG COUNTY BOARD OF EDUCATION INCLUDING THE DISTRIBUTION OF MINIMUM FOUNDATION MONIES UPON THE OVERSIGHT COMMITTEE, TO PROVIDE THE PROCEDURES UNDER WHICH THESE MINIMUM FOUNDATION MONIES MUST BE DISTRIBUTED, AND TO ABOLISH THE SPARTANBURG COUNTY BOARD OF EDUCATION.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator REESE, H. 4965 was ordered to receive a second and third reading on the next two consecutive legislative days.
H. 4968 -- Reps. Hawkins, Littlejohn, Lee and Davenport: A BILL TO AMEND ACT 1195 OF 1958, AS AMENDED, RELATING TO THE WEST VIEW-FAIRFOREST FIRE DISTRICT CONTROL BOARD, SO AS TO INCREASE THE BOARD FROM THREE TO FIVE MEMBERS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
Senator ANDERSON from the Committee on Medical Affairs submitted a favorable with amendment report on:
S. 1008 -- Senator Anderson: A BILL TO AMEND SECTION 44-6-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TITLE XIX STATE PLAN, SO AS TO PROVIDE THAT SUBJECT TO THE AVAILABILITY OF FUNDING, THE HEALTH AND HUMAN SERVICES DEPARTMENT IS DIRECTED TO PROVIDE PAYMENT FOR FOUR PRESCRIPTIONS PER MONTH FOR MEDICAID ELIGIBLE RECIPIENTS.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:
S. 1078 -- Senators Ryberg, Hutto, Moore, Setzler, Washington and Matthews: A BILL TO AMEND CHAPTER 12, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, KNOWN AS THE "MILITARY FACILITIES REDEVELOPMENT LAW" RELATING TO REDEVELOPMENT AUTHORITY TO ACQUIRE AND DISPOSE OF FEDERAL MILITARY INSTALLATIONS, SO AS TO BROADEN THE AUTHORITY TO INCLUDE ACQUISITION AND DISPOSAL OF BOTH REAL PROPERTY AND PERSONAL PROPERTY CLASSIFIED AS EQUIPMENT, IN CONNECTION WITH BOTH FEDERAL MILITARY INSTALLATIONS AND OTHER FEDERAL DEFENSE SITES.
Ordered for consideration tomorrow.
Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:
S. 1111 -- Senator Bryan: A BILL TO AMEND CHAPTER 1, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OF CRIMINAL RECORDS REGARDING PERSONS FOUND INNOCENT OF CRIMINAL CHARGES OR AGAINST WHOM CHARGES ARE DISCHARGED OR DISMISSED, SO AS TO PROVIDE THAT SUCH RECORDS SHALL BE DESTROYED UPON NOTIFICATION TO THE LAW ENFORCEMENT AGENCY BY THE CLERK OF COURT AND THAT NO ORDER OF THE CIRCUIT COURT OR MAGISTRATE'S COURT IS REQUIRED.
Ordered for consideration tomorrow.
Senator LAND from the Committee on Transportation has polled out H. 3054 favorable:
H. 3054 -- Reps. Scott, Bailey, J. Hines and Lloyd: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE FEASIBILITY OF IMPLEMENTING A STATEWIDE MASS TRANSPORTATION SYSTEM.
Land Leventis Wilson Patterson O'Dell Elliott Rankin Short Alexander Hutto Ravenel Passailaigue Branton
Leatherman McGill Ryberg Fair Anderson
Ordered for consideration tomorrow.
Senator J.VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
H. 3784 -- Reps. Haskins, Jordan, Neal, H. Brown, Allison, Altman, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Bowers, G. Brown, Byrd, Cato, Cave, Clyburn, Cobb-Hunter, Cooper, Davenport, Edge, Fleming, Hamilton, J. Hines, M. Hines, Hodges, Howard, Jennings, Kelley, Knotts, Law, Leach, Lee, Limehouse, Littlejohn, Loftis, Mack, Maddox, McCraw, McKay, Meacham, Miller, Parks, Phillips, Pinckney, Quinn, Rice, Riser, Robinson, Sandifer, Scott, Sharpe, Simrill, F. Smith, R. Smith, Townsend, Tripp, Trotter, Vaughn, Webb, Whatley, Whipper, Woodrum, Young, Govan, Campsen and Harrell: A BILL TO AMEND CHAPTER 45, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING AND REGULATION OF PHYSICAL THERAPISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF PHYSICAL THERAPISTS INCLUDING, BUT NOT LIMITED TO, DELETING THE REQUIREMENT FOR TREATMENT BY PRESCRIPTION OF A PHYSICIAN OR DENTIST, CLARIFYING THE SCOPE OF PRACTICE, PROHIBITING, RECEIVING, OR IN ANY WAY PARTICIPATING IN REFUNDING FEES FOR PATIENT REFERRALS, REVISING REQUIREMENTS FOR LICENSEES NOT GRADUATING FROM AN APPROVED SCHOOL, ESTABLISHING PROVISIONAL LICENSES AND BIENNIAL LICENSURE, REQUIRING CONTINUING EDUCATION FOR RENEWAL, PROVIDING A CIVIL PENALTY, AND INCREASING CRIMINAL PENALTIES.
Ordered for consideration tomorrow.
Senator J.VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:
H. 4507 -- Rep. Davenport: A BILL TO AMEND CHAPTER 11, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF CONTRACTORS AS A PROFESSION, BY ADDING SECTION 40-11-165 SO AS TO REQUIRE A PERSON WHO IS OR HAS BEEN LICENSED UNDER CHAPTER 40 WHO LEAVES SOUTH CAROLINA WITH UNPAID DEBTS AND SUBSEQUENTLY RETURNS TO THE STATE SEEKING TO BECOME LICENSED IN THIS STATE AGAIN OR TO DO BUSINESS AGAIN IN SOUTH CAROLINA UNDER THE AUTHORITY OF A STILL-VALID LICENSE TO FILE A STATEMENT LISTING CERTAIN OUTSTANDING DEBTS AND BANKRUPTCIES.
Ordered for consideration tomorrow.
S. 958 -- Senators Drummond, Land, Moore, McConnell, Courson, Bryan, Martin, Passailaigue and Giese: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 16 PROVIDING FOR RETIREMENT SYSTEM FUNDS, INCLUDING DEFINITIONS, FIDUCIARY DUTIES, INVESTMENT PLANS AND RESPONSIBILITIES, AND ESTABLISHING THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL AND PROVIDING FOR ITS MEMBERSHIP, POWERS, AND DUTIES; TO AMEND SECTIONS 9-1-1310, 9-8-160, 9-9-150, AND 9-11-240, RELATING TO THE DESIGNATION OF THE STATE BUDGET AND CONTROL BOARD AS THE TRUSTEE OF THE FUNDS OF THE SOUTH CAROLINA SYSTEM, RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND THE INVESTMENTS ALLOWED AND SAFEGUARDS IMPOSED WITH RESPECT TO THE INVESTMENT OF THE FUNDS OF THE VARIOUS SYSTEMS, SO AS TO AUTHORIZE THE INVESTMENT OF RETIREMENT SYSTEM FUNDS IN EQUITY SECURITIES; AND TO AMEND SECTIONS 30-4-40 AND 30-4-70, BOTH AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE AND MEETINGS WHICH MAY BE CLOSED FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT RECORDS RELATING TO INVESTMENTS OR OTHER FINANCIAL MATTERS OF THE STATE RETIREMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES AND ALLOW THE STATE BUDGET AND CONTROL BOARD TO MEET IN EXECUTIVE SESSION AS TRUSTEE OF THE RETIREMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES.
The House returned the Bill with amendments.
On behalf of Senator DRUMMOND, Senator MOORE moved that the Senate nonconcur in the House amendments and a message was sent to the House accordingly.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
S. 325 -- Senator Bryan: A BILL TO AMEND SECTION 22-5-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAILING A PERSON, SO AS TO PROVIDE WHEN A PERSON MUST BE ALLOWED A BOND HEARING AND MUST BE RELEASED AFTER OFFERING SUFFICIENT BOND; TO AMEND SECTION 38-53-50, AS AMENDED, RELATING TO A BAIL BONDSMAN SURRENDER OF A DEFENDANT, SO AS TO REVISE THE CIRCUMSTANCES IN WHICH A BAIL BONDSMAN MAY OBTAIN A COMMITMENT ORDER; TO AMEND SECTION 38-53-70, RELATING TO REMISSION OF JUDGMENT, SO AS TO PROVIDE THAT A SURETY MAY OBTAIN A REFUND OF A PORTION OF THE AMOUNT ESTREATED IF A PRINCIPAL IS SURRENDERED WITHIN A CERTAIN PERIOD AFTER AN ESTREATMENT ORDER HAS BEEN ISSUED; TO AMEND SECTION 38-53-90, AS AMENDED, RELATING TO QUALIFICATIONS FOR LICENSING A BONDSMAN AND A RUNNER, SO AS TO REQUIRE BOTH TO POSSESS THE MINIMUM TRAINING THE STATE REQUIRES FOR A LAW ENFORCEMENT OFFICER; AND TO AMEND SECTION 38-53-170, AS AMENDED, RELATING TO ACTIVITIES A BAIL BONDSMAN OR A RUNNER MAY NOT ENGAGE IN, SO AS TO ALLOW A BAIL BONDSMAN OR A RUNNER TO ATTEND CERTAIN COURT SESSIONS.
Senator BRYAN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Committee on Judiciary proposed the following amendment (JUD0325.001), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 22-5-510 of the 1976 Code is amended to read:
"Section 22-5-510. (A) Magistrates may admit to bail any a person charged with any an offense, the punishment of which is other than not death or imprisonment for life, and if any. If a person under lawful arrest on a charge regularly made and not bailable be is brought before a magistrate, he the magistrate shall commit the prisoner person to jail. But if If the offense charged be is bailable, the magistrate shall take recognizance, with sufficient surety, if the same be it is offered, in default whereof such party shall be committed to prison unless it shall clearly appear upon examination that the charge is not founded in probability in which case the party may be discharged the person must be incarcerated.
(B) A person charged with a bailable offense must have a bond hearing within twenty-four hours of his arrest and must be released within two hours after sufficient bond is offered by him or a surety."
SECTION 2. Chapter 53 of Title 38 of the 1976 Code is amended to read:
Section 38-53-10. As used in this chapter:
(1) 'Accommodation bondsman' means a person who has reached the age of eighteen years, is a resident of this State, who, aside from love and affection and release of the person concerned, receives no consideration for action as surety, and who endorses the bail bond after providing satisfactory evidence of ownership, value, and marketability of real or personal property to the extent necessary to satisfy reasonably satisfy the official taking bond that the real or personal property will in all respects be sufficient to assure that the full principal sum of the bond will be realized in the event of breach of the conditions of the bond. 'Consideration' as used in this item does not include the legal rights of a surety against a defendant by reason of breach of the conditions of a bail bond nor does it include collateral furnished to and securing the surety so long as the value of the surety's rights in the collateral does not exceed the defendant's liability to the surety by reason of a breach in the conditions of the bail bond.
(2) 'Bail bond' means an undertaking by the defendant to appear in court as required upon penalty of forfeiting bail to the State in a stated amount and may include an unsecured appearance bond, a premium-secured appearance bond, an appearance bond secured by a cash deposit of the full amount of the bond, an appearance bond secured by a mortgage, and an appearance bond secured by at least one surety.
(3) 'Bail bondsman' means a surety bondsman, professional bondsman, or an accommodation bondsman as defined in this chapter.
(4) 'Clerk of court', unless otherwise specified, means the clerk of the circuit court of the county in the State where the bondsman is currently writing or obligated on the majority of those bail bonds which he has written or on which he is obligated.
(5) 'Court', unless otherwise specified, means circuit court.
(5)(6) 'Insurer' means any domestic, foreign, or alien surety company which has qualified generally to transact surety business and specifically to transact bail bond business in this State.
(6)(7) 'Obligor' means a principal or a surety on a bail bond.
(7)(8) 'Principal' means a defendant or witness obligated to appear in court as required upon penalty of forfeiting bail under a bail bond.
(8)(9) 'Professional bondsman' means any person who is approved and licensed under the provisions of this chapter and who pledges cash or approved securities with the clerk of court as security for bail bonds written in connection with a judicial proceeding and receives or is promised money or other things of value for the pledge.
(9)(10) 'Runner' means a person employed by a bail bondsman for the purpose of assisting the bail bondsman in presenting the defendant in court when required, to assist in the apprehension and surrender of the defendant to the court, keeping the defendant under necessary surveillance, or to execute bonds on behalf of the licensed bondsman when the power of attorney has been recorded. 'Runner' does not include an attorney or a law enforcement officer assisting a bondsman.
(10)(11) 'Surety' means one who, with the defendant, is liable for the amount of the bail bond upon forfeiture of bail.
(11)(12) 'Surety bondsman' means any person who is approved by and licensed by the director or his designee as an insurance agent, appointed by an insurer by power of attorney to execute or countersign bail bonds for the insurer in connection with judicial proceedings, and receives or is promised money or other things of value for the execution or countersignature.
(12)(13) 'Appropriate judge' means a magistrate, municipal, or circuit court judge who has jurisdiction over the defendant.
(13)(14) 'Good cause' means the violation of a specific term of the bail bond not to include the nonpayment of fees.
Section 38-53-20. The director or his designee, clerks of court, and the State Law Enforcement division have full power and authority to administer the provisions of this chapter for which they are charged with implementing. The director shall promulgate regulations to enforce the purposes and provisions of this chapter. The director may hire employees, examiners, investigators, and other assistants as he considers necessary, and shall prescribe their duties.
Section 38-53-30. No undertaking is invalid, nor may any person be discharged from his undertaking, a forfeiture be stayed, the judgment on the undertaking be stayed, set aside, or reversed, nor the collection of the judgment be barred or defeated by reason of any defect, omission, or failure to note or record the default of any defendant or surety, because the undertaking was entered into on a Sunday or other holiday or because of any other irregularity, if it appears from the tenor of the undertaking that the official before whom it was entered into was legally authorized to take it and if the amount of bail was stated.
The liability of a person on an undertaking is not affected by reason of the lack of any qualifications, sufficiency, or competency provided in any other law in this State, by reason of any other agreement whether or not the agreement is expressed in the undertaking, or because the defendant has not joined in the undertaking.
Section 38-53-40. Each surety for the release of a person on bail must be qualified as:
(a) an insurer and represented by a surety bondsman;
(b) a professional bondsman; or
(c) an accommodation bondsman.
Section 38-53-50. (A) A surety desiring to surrender a defendant be relieved on a bond for 'good cause' or the nonpayment of fees, must give three days' notice to the defendant and his attorney of his intention to attempt to revoke the bail bond. shall file with the court a motion to be relieved on the bond. A copy of the motion must be served upon the defendant, his attorney, and the solicitor's office. The court shall then schedule a hearing to determine if the surety should be relieved on the bond and advise all parties of the hearing date. After the three day period has expired, the surety shall then take the defendant before the appropriate judge and show good cause why he should be relieved to obtain a commitment order and deliver it together with the defendant to the official in charge of incarcerating defendants. However, if circumstances in which incarceration of the defendant is required to prevent imminent violation of the specific terms of the bail bond, the surety may take the defendant before the appropriate judge for a commitment order. If the appropriate judge is not available within a reasonable period of time or if circumstances warrant immediate incarceration of the defendant, the surety may deliver the defendant with an affidavit stating the facts to support the surrender of the defendant for good cause. If the surety surrenders the defendant with an affidavit, the surety must take the defendant before the next available appropriate judge for a commitment order. A surety who surrenders a defendant with an affidavit for less than good cause is subject to penalties imposed for perjury as provided in Article 1, Chapter 9 of Title 16.
(B) The court, at the hearing, may order the surety to refund to the defendant any fees paid toward the bail bond after deducting the surety's actual cost, reasonable expenses, and reasonable fees, as determined by the court. If the circumstances warrant immediate incarceration of the defendant to prevent imminent violation of any one of the specific terms of the bail bond, or if the defendant has violated any one of the specific terms of the bond, the surety may take the defendant to the appropriate detention facility for holding until the court orders that the surety be relieved. The surety must immediately file with the detention facility and the court an affidavit stating the facts to support the surrender of the defendant for good cause or the nonpayment of fees. When the affidavit is filed with the court, the surety must also file a motion to be relieved on the bond pursuant to subsection (A). A surety who surrenders a defendant and files an affidavit which does not show good cause or the nonpayment of fees is subject to penalties imposed for perjury as provided for in Article 1, Chapter 9 of Title 16.
(C) After the surety has been relieved by order of the court, a new undertaking must be filed with the appropriate court in order to secure the re-release of the defendant. The undertaking must contain the same conditions included in the original bond unless the conditions have been changed by the court.
Section 38-53-60. For the purpose of surrendering the defendant, the surety may arrest him before the forfeiture of the undertaking or, by his written authority endorsed on a certified copy of the undertaking, may request any judicial officer to order the arrest of the defendant by the surety.
Section 38-53-70. If a defendant fails to appear at a court proceeding to which he has been summoned, the court must issue a bench warrant for the defendant. If the surety fails to surrender the defendant or place a hold on the defendant's release from incarceration, commitment, or institutionalization within thirty days of the issuance of the bench warrant, the bond shall be forfeited. At any time before execution is issued on a judgment of forfeiture against a principal defendant or his surety, the court may direct that the judgment be remitted in whole or in part, upon conditions as the court may impose, if it appears that justice requires the remission of part or all of the judgment. In making a determination as to remission of the judgment, the court shall consider the costs to the State or any county or municipality resulting from the necessity to continue or terminate the principal's defendant's trial and the efforts of law enforcement officers or agencies to locate the principal defendant. The court in its discretion may permit the surety to pay the estreatment in installments for a period of up to six months. If at any time during the period in which installments are to be paid the defendant is surrendered to the appropriate detention facility and the surety complies with the re-commitment procedures, the surety shall be relieved of any further liability.
Section 38-53-80. No person may act in the capacity of a bail professional bondsman, surety bondsman, or runner or perform any of the functions, duties, or powers prescribed for bail professional or surety bondsmen or runners under the provisions of this chapter unless that person is qualified and, except as regards an for an accommodation bondsman, licensed in accordance with the provisions of this chapter. No license may be issued to a professional bondsman, surety bondsman, or runner except as provided in this chapter.
The applicant shall apply for a license or renewal of a license on forms prepared and supplied by the director or his designee. The director or his designee may ask the applicant any questions, written or otherwise, relating to his qualifications, residence, prospective place of business, and any other inquiries which, in the opinion of the director or his designee, are necessary in order to protect the public and ascertain the qualifications of the applicant. The director or his designee shall request that the State Law Enforcement division Division conduct any reasonable investigation relative to the determination of the applicant's fitness to be licensed or to continue to be licensed.
The failure of the applicant to secure approval of the director or his designee does not preclude him from applying as many times as he desires, but no application may be considered by the director or his designee within one year subsequent to the date upon which the director or his designee denied the applicant's last application.
Section 38-53-85. (A) An applicant for a license to work as a professional bondsman, surety bondsman, or runner must complete not less than twenty hours of education in subjects pertinent to the duties and responsibilities of professional and surety bondsmen or runners, including all laws and regulations related to being a professional or surety bondsman or runner. A standard written examination must be administered at the conclusion of the course work. Each applicant must pass the examination before he can be licensed.
Each person licensed as a professional bondsman, surety bondsman, or runner must complete annually not less than six hours of continuing education in subjects related to the duties and responsibilities of professional and surety bondsmen or runners before his license shall be renewed. The continuing education courses shall not include a written or oral examination.
(B) A person licensed as a professional bondsman, surety bondsman, or runner before the effective date of this section is not required to complete the requisite twenty hours of education but must complete six hours of continuing education courses in order to have his license renewed.
(C) The South Carolina Bail Agent's Association or any other group or association approved by the Department of Insurance to provide educational courses to bondsmen must establish an educational curriculum for bondsman licensure. The Department of Insurance must approve the courses offered and ensure that the courses meet the standards for education established by this section and the department. The requirement of course work for licensure is not satisfied by a mail order course. The department must also approve a standard written examination to be administered by all groups who provide educational courses to be administered at the conclusion of the twenty-hour course work.
(D) A person who falsely represents that he has met the educational requirements of this section is subject, after being afforded notice and a due process hearing by the department, to the penalty provided for in Section 38-53-340.
(E) The director shall establish rules and regulations for the effective administration of this section.
Section 38-53-90. Before a license is issued to an applicant permitting him to act as a professional bondsman, surety bondsman, or runner, the applicant shall furnish to the director or his designee a complete set of his fingerprints and a recent passport size full-face photograph of himself. The applicant's fingerprints must be certified by an authorized law enforcement officer.
Before being issued the license, every applicant for a license as a professional bondsman, surety bondsman, or runner shall satisfy certify to the director that he:
(a) is eighteen years of age or older;
(b) is a resident of this State;
(c) is a person of good moral character and has not been convicted of a felony or any crime involving moral turpitude within the last ten years;
(d) has knowledge, training, or experience of sufficient duration and extent to satisfy reasonably the director or his designee that he possesses the competence necessary to fulfill the responsibilities of a licensee.
Section 38-53-100. (a)(A) A license fee of four hundred dollars must be paid to the director or his designee with each application for a license as a professional or surety bondsman. The first year after enactment the director or his designee shall forward four hundred dollars to the State Treasurer to be placed in the general fund; however, of the four hundred dollars, the amount of two hundred dollars must be paid over to the director or his designee to offset those the costs he incurs under the provisions of this chapter, and two hundred dollars must be paid over to the State Law Enforcement Division to offset those the costs it may incur under the provisions of this chapter. Any applicant paying the initial license fee required by this section prior to July 1, 1987, is not required to pay any license renewal fee prior to July 1, 1987.
(b)(B) A license fee of two hundred dollars must be paid to the director or his designee with each application for a license as a runner. The first year after enactment, the director or his designee shall forward two hundred dollars to the State Treasurer to be placed in the general fund; however, of the two hundred dollars, the amount of one hundred dollars must be paid over to the director or his designee to offset those the costs he incurs under the provisions of this chapter, and one hundred dollars must be paid over to the State Law Enforcement Division to offset those the costs it incurs under the provisions of this chapter. Any applicant paying the initial license fee required by this section prior to July 1, 1987, is not required to pay any license renewal fee prior to July 1, 1987.
(c)(C) Beginning the second year after enactment, the The director or his designee shall forward forty percent of all fees collected under subsections (a)(A) and (b)(B) of this section to the clerk of court of the county where the principal place of business of the bondsman or runner is located. The remaining sixty percent of collected fees must be forwarded to the State Treasurer to be placed in the general fund of which one-third must be paid to the State Law Enforcement Division, and two-thirds must be paid to the director or his designee to offset expenses incurred under the provisions of this chapter.
(d)(D) In addition to the fees herein provided, a professional or surety bondsman shall pay to the clerk of court of any his home county where he is doing business other than the county of his principal place of business the sum of one hundred fifty dollars annually for each license to be paid directly to and retained by the clerk. In addition, each bondsman and runner shall pay to any other county where he is doing business the sum of one hundred dollars to be paid to and retained by the clerk. The fee must be paid annually and directly to the clerk of court who shall deposit it in an account maintained by the clerk. Any applicant paying the initial license fee required by this section prior to July 1, 1987, is not required to pay any license renewal fee prior to July 1, 1987.
Section 38-53-105. In addition to the other requirements of this chapter, a surety bondsman shall pay to the clerk of court of each county where he does business other than the county of his principal place of business the sum of one hundred dollars. The fee must be paid annually and directly to the clerk of court who shall deposit it in an account maintained by him for the collection of fees.
Section 38-53-110. In addition to the other requirements of this chapter, an applicant for a professional bondsman's license shall furnish annually a detailed financial statement under oath and in a form as the director or his designee may require. The statement is subject to the same examination as is prescribed by law for domestic insurance companies.
Section 38-53-120. In addition to the other requirements of this chapter, an applicant for a license to be a runner shall show affirmatively that:
(a) the applicant will be employed by only one bail bondsman who shall supervise the work of the applicant and is responsible for the runner's conduct in the bail bond business;
(b) the application is endorsed by the appointing bail bondsman who shall obligate himself in the application to supervise the runner's activities.
Section 38-53-130. Except as provided in this chapter, an applicant for a license to be a professional bondsman or runner is required to take a written examination testing his ability and qualifications. The examination may be prepared and administered by the director or his designee, or the director or his designee may, in his discretion, enter into an arrangement with a competent outside testing authority for the administration of the examinations. In the event that the director or his designee enters into an arrangement with an outside testing authority to administer examinations, the scope, content, and subject matter of the examination administered, as well as all registration, fee, and test procedure requirements of the outside testing authority, at all times, are subject to the approval of and modification by the director or his designee. The failure of an applicant to pass an examination does not preclude him from taking subsequent examinations; however, at least six months must elapse between such examinations.
Section 38-53-140. All licenses issued pursuant to the provisions of this chapter expire annually on June thirtieth unless revoked or suspended prior to that time by the director or his designee or upon notice served upon the director or his designee that the employer of any runner has canceled the licensee's authority to act for the employer.
A renewal license must be issued by the director or his designee to a licensee who has continually maintained his license in effect without further examination met the continuing education requirements in Section 38-53-85(A) upon the payment of a renewal fee of two hundred dollars in the case of for runners and four hundred dollars in the case of for professional and surety bondsmen, but the licensees are required in all other respects to comply with the provisions of this chapter. After the receipt of the licensee's application for renewal, the current license continues in effect until the renewal license is issued or denied for cause.
Section 38-53-150. (a)(A) The director or his designee may deny, suspend, revoke, or refuse to renew any license issued under this chapter for any of the following causes:
(1) for any cause sufficient to deny issuance of the original license;
(2) violation of any laws of this State relating to bail in the course of dealings under the license issued him to a bondsman or runner by the director or his designee;
(3) material misstatement, misrepresentation, or fraud in obtaining the license;
(4) misappropriation, conversion, or unlawful withholding of monies belonging to insurers or others and received in the conduct of business under the license;
(5) fraudulent or dishonest practices in the conduct of business under the license while conducting business as a licensee;
(6) conviction of a felony within the last ten years regardless of whether the conviction resulted from conduct in or related to the bail bond business;
(7) failure to comply with or violation of the provisions of this chapter or of any order of the director or his designee or regulation of the department;
(8) when in the judgment of the director or his designee the licensee has in the conduct of his affairs under the license demonstrated incompetency or untrustworthiness, that he is no longer in good faith carrying on the bail bond business, or that he is guilty of rebating, offering to rebate, or offering to divide the premiums received for the bond;
(9) for failing to pay any judgment or decree rendered on any forfeited undertaking in any court of competent jurisdiction;
(10) for charging or receiving as premium or compensation for the making of any deposit or bail bond any sum in excess of that permitted by this chapter;
(11) for requiring as a condition of his executing a bail bond that the defendant agree to engage the services of a specified attorney.
(b)(B) The director or his designee, in lieu of revoking or suspending a license in accordance with the provisions of this chapter, in any one proceeding, by order, may require the licensee to pay to the director or his designee to be deposited in the general fund of the state State a monetary penalty as provided in Section 38-2-10(2) for each offense. Upon failure of the licensee to pay the penalty within twenty days after the mailing of the order, postage prepaid, registered, and addressed to the last known place of business of the licensee, unless the order is stayed by an order of a court of competent jurisdiction, the director or his designee may revoke the license of the licensee or may suspend the license for a period as he determines.
(C) A professional or surety bondsmen or runner whose license has been revoked cannot be issued another license for a period of one year and must meet all requirements under this chapter prior to relicensing by the department.
Section 38-53-160. No license may be refused, suspended, or revoked, or renewal refused, except on reasonable notice and opportunity to be heard afforded the person licensed or seeking renewal of the license. Any applicant for a license as a bail professional or surety bondsman or runner whose application has been denied or whose license has been suspended or revoked, or renewal of the license denied, has the right of appeal from the final order of the director or his designee to the Administrative Law Judge Division as provided by law.
Section 38-53-170. No bail bondsman or runner may:
(a) pay a fee or rebate or give or promise anything of value, directly or indirectly, to a jailer, law enforcement officer, committing magistrate, or any other person who has power to arrest or hold in custody, or to any public official or public employee in order to secure a settlement, compromise, remission, or reduction of the amount of any bail bond or the forfeiture of the bail bond, including the payment to the law enforcement officers, directly or indirectly, for the arrest or apprehension of a principal or principals who have caused a forfeiture;
(b) pay a fee or rebate or give anything of value to an attorney in bail bond matters, except in defense of any action on a bond;
(c) pay a fee or rebate or give or promise anything of value to the principal or anyone in his behalf;
(d) participate in the capacity of an attorney at a trial or hearing of one on whose bond he is surety, nor suggest or advise the employment of or name for employment any particular attorney to represent his the principal;
(e) accept anything of value from a principal except the premium, which may not exceed fifteen percent of the face amount of the bond, with a minimum fee of twenty-five dollars. However, the bondsman is permitted to accept collateral security or other indemnity from the principal which must be returned upon final termination of liability on the bond. The bondsman shall identify who is paying the premium and shall represent that the collateral security or other indemnity has not been obtained from any person who has a greater interest in the principal's disappearance than appearance for trial. The collateral security or other indemnity required by the bondsman must be reasonable in relation to the amount of the bond;
(f) solicit business in any of the courts or on the premises of any of the courts of this State, in the office of any magistrate, or in or about any place where prisoners are confined. Law enforcement officers and jailers shall report any violations of this provision to the court. Any action taken pursuant to this provision resulting in a conviction, guilty plea, or plea of nolo contendere pursuant to Section 38-53-340 must be reported to the director or his designee by the court within thirty days;
(g) advise or assist the principal for the purpose of forfeiting bond.
Section 38-53-180. When a bail professional or surety bondsman accepts collateral, he shall give a written receipt for the collateral. This receipt shall give in detail a full description of the collateral received.
Section 38-53-190. No sheriff, deputy sheriff, other law enforcement officer, judicial official, attorney, parole officer, probation officer, jailer, assistant jailer, employee of any court of this State, or other public employee assigned to duties relating to the administration of the court may become a surety on a bail bond for any person. No person covered by this section may act as agent for any bonding company or professional bondsman, nor may he have an interest, directly or indirectly, in the financial affairs of any firm or corporation whose principal business is acting as bondsmen. Nothing in this section prohibits any person designated above from being a surety upon the bond of his spouse, parent, brother, sister, child, or descendant.
Section 38-53-200. A bail professional bondsman may not sign or countersign blank bail bonds, nor may he give a power of attorney to, or otherwise authorize, anyone to countersign his name to bonds unless the person so authorized is a licensed bondsman or runner directly employed by the bondsman giving power of attorney. Copies of all the powers of attorney and revocations of the powers of attorney issued by a company appointing surety bondsmen must be filed immediately with the department and the clerk of the circuit court of the county in the state State where the bondsman giving the power of attorney is currently writing or is obligated on bail bonds.
Section 38-53-210. Every insurer Each company appointing surety bondsmen, shall, annually prior to July first of each year, furnish the clerk of court a list of all surety bondsmen appointed by it the company to write bail bonds on its behalf. Every insurer Each company who subsequently appoints a surety bondsman in the state State shall give notice of the appointment to the director or his designee and clerk of court of any county where the bondsman is doing business. All appointments are subject to the issuance of the proper insurance agent's license to the appointee.
An insurer terminating the appointment of a surety bondsman shall file written notice of the termination with the department, together with a statement that it has given or mailed notice to the surety bondsman and to the clerks of the circuit courts of the counties in the state State where the insurer has been obligated on bail bonds through the agent within the past three years. Notice filed with the department shall state the reasons, if any, for termination. Information so furnished the director or his designee is privileged and may not be used as evidence in, or as the basis for, any action against the insurer or any of its representatives. All bonds written by a surety bondsman shall have attached the individual power of attorney in the amount of the bond.
Section 38-53-220. Any bail A professional or surety bondsman who discontinues writing bail bonds during the period for which he is licensed shall notify the clerks of the circuit courts with whom he is registered and return his license to the director or his designee for cancellation within thirty days after discontinuance.
Section 38-53-230. Every person licensed as a bail professional or surety bondsman may appoint as runner any person who has been issued a runner's license. Each bail bondsman shall before July second of each year furnish to the clerk of court of each county where he is doing business and the director or his designee a list of all runners appointed by him. Each bail bondsman who, subsequent to the filing of this list, appoints additional persons as runners shall file written notice with the clerk of court of each county where he is doing business and the director or his designee of the appointment.
A bail bondsman terminating the appointment of a runner shall file written notice of the termination with the clerk of court and the director or his designee together with a statement that he has given or mailed notice to the runner. Notice filed with the clerk of court and the director or his designee shall state the reasons, if any, for termination. Information so furnished the director or his designee is privileged and may not be used as evidence in any action against the bail bondsman.
Section 38-53-240. If money or bonds have been deposited, bail by sureties may be substituted for deposit at any time before a breach of the undertaking by filing a new undertaking with the court executed by the defendant and the sureties. The official taking the new bail shall make an order that the money or bonds be refunded to the person depositing them. They must be refunded accordingly, and the original undertakings must be canceled.
Section 38-53-250. When the defendant has been admitted to bail, he, or another in his behalf, may deposit with an official authorized to take bail a sum of money or nonregistered bonds of the United States, of the State, or of any county, city, or town within the State, equal in market value to the amount of the bail, together with his personal undertaking, and an undertaking of any other person, if the money or bonds are deposited by that person. Upon delivery to the official, in whose custody the defendant is, of a certificate of deposit, he must be discharged from custody.
When bail other than a deposit of money or bonds has been given, the defendant or the surety may, at any time before a breach of the undertaking, deposit the sum mentioned in the undertaking, and, upon deposit being made, accompanied by a new undertaking, the original undertaking is canceled.
Section 38-53-260. No professional bail or surety bondsman may become a surety on an undertaking unless he has registered his current license in the office of the clerk of the circuit court in the county in which he resides and registered a certified copy of the license with the clerk of the circuit court in any other county in which he writes bail bonds.
A surety bondsman shall also annually register a certified copy of his current power of appointment with the clerk of the circuit court where he resides and in any other county where he writes bail bonds on behalf of an insurer.
Section 38-53-270. Each professional or surety bondsman acting as surety on bail bonds in this State shall maintain security deposits with the clerk of court of the county in which the bondsman has his primary place of business equal to at least one-fourth of the amount of all bonds or undertakings written in this State on which he is absolutely or conditionally liable as of the first day of the current month. The deposits must be in the form of either passbook savings accounts or certificates of deposit of building and loan associations chartered by this State or federal savings and loan associations located within this State in which deposits are guaranteed by the Federal Savings and Loan Insurance Corporation, not to exceed the amount covered by insurance, or of national banks located within this State or banks chartered by this State in which deposits are guaranteed by the Federal Deposit Insurance Corporation, not to exceed the amount covered by insurance, or by the pledge of the appraised value of real estate in South Carolina over any recorded mortgages and contracts of sale. The value shall be determined by the county tax assessor for the county where the subject property is located. The interest paid on the deposits may be collected by the bondsman. The amount of the deposits must be reconciled with the bondsman's liabilities as of the first day of the month before the sixteenth of the month. The value of the deposits may not be less than five thousand dollars. The first ten thousand dollars of these deposits must be secured by passbook savings or certificates of deposits only. Any amounts above ten thousand dollars may be secured with pledges of other types of collateral approved by the clerk of court. A minimum of ten thousand dollars of this collateral shall be in the form of cash deposited with the clerk of court or certificates of deposit pledged to the clerk of court. Any remaining collateral shall be pledges of real estate, the value of which shall be based upon the appraised value by the county tax assessor. The real estate shall be free and clear of any encumbrances based upon a title opinion furnished to the clerk of court by the bondsman.
Section 38-53-280. The securities deposited by a professional or surety bondsman with the clerk of court must be held in trust for the sole protection and benefit of the holder of bail bonds executed by or on behalf of the undersigned bondsman in this State. A pro rata portion of the securities must be returned to the bondsman when the clerk of court is satisfied that the deposit of securities is in excess of the amount required to be maintained with him by the bondsman. All the securities must be returned if the clerk of court is satisfied that the bondsman has satisfied, or satisfactory arrangements have been made to satisfy, the obligations of the bondsman on all of his bail bonds written in the State. The clerk of court may sell or transfer any of the securities or utilize the proceeds of the securities for the purpose of satisfying the liabilities of the professional bondsman on bail bonds given in this State on which he is liable.
Section 38-53-290. With the securities deposited with the clerk of court, the professional or surety bondsman shall at the same time deliver to the clerk of court a power of attorney on a form supplied by the clerk of court, executed and acknowledged by the professional bondsman, authorizing the sale or transfer of the securities or any part of the securities. The power of attorney must read as follows:
'Know all men by these presents that I, _____, a professional or surety bondsman, located in the County of _____, in the State of ____, do authorize and appoint for myself and my successors, heirs, and assigns the clerk of court of this county, in the name and in behalf of myself as professional or surety bondsman, my attorney to sell or transfer any securities deposited or that may be deposited by me as professional bondsman with the clerk of court, under the laws and regulations requiring a deposit of securities to be made by professional or surety bondsmen doing business in the State of South Carolina if the sale or transfer is considered necessary by the clerk of court to pay any liability arising under a bond which purports to be given by the undersigned bondsman in any county in this State, and execution has been issued against me as bondsman pursuant to a judgment on the bond, and the judgment has not been satisfied. The securities so deposited are to be held in trust by the clerk of court for the sole protection and benefit of the holder of bail bonds executed by or on behalf of the undersigned bondsman.'
In witness whereof, I have set my hand and affixed my seal this ___ day of ____, 19__.
Notary Public
______________
My commission expires:
____________________________.
Section 38-53-300. Any A professional or surety bondsman whose security deposits with the clerk of court are reduced in value below the requirements of this chapter Section 38-53-270 shall, immediately upon receipt of a notice of the deficiency, additional securities pledge with the court the additional collateral as are necessary to comply with the law Section 38-53-270. No professional or surety bondsman may sign, endorse, execute, or become a surety on any additional bail bonds or pledge or deposit any cash, check, or other security of any nature in lieu of a bail bond in any county in this State until the time he has made the additional deposit of securities as required by the notice of deficiency. The clerk of court has the authority to suspend bonding privileges until the bondsman complies with Section 38-53-270. If the bondsman has any outstanding forfeitures including, but not limited to, license fees and bond estreatments, the clerk of court has the authority to suspend bonding privileges until the bondsman complies with this section. The clerk shall immediately notify all parties who were originally notified of the suspension of the bondsman's compliance with this section.
Section 38-53-310. Each professional bail and surety bondsman shall by the fifteenth of each month file with the clerk of court of the county of his principal place of business and any other county where he is doing business a written report in a form prescribed by the director or his designee regarding all bail bonds on which he is liable as of the first day of each month showing:
(a) each individual bonded;
(b) the date the bond was given;
(c) the principal sum of the bond;
(d) the state or local official to with whom given the bond was filed;
(e) the fee charged for the bonding service in each instance. The report must be filed before the sixteenth day of each month.; and
(f) all pending bonds.
Section 38-53-320. Whenever the director or his designee considers it necessary, he shall visit and examine or cause to be visited and examined by some competent person appointed by him for that purpose any professional bail and surety bondsman subject to the provisions of this chapter. For this purpose, the director or his designee or person making the examination has free access to all books and papers of the bondsman that relate to his business and to the books and papers kept by any of his agents or runners.
Section 38-53-330. No professional or surety bondsman may act as a surety on any bail bond whose principal sum is in excess of one-half of the value of the securities deposited with the clerk of court at that time.
Section 38-53-340. Any A person violating any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both." /
SECTION 2. Sections 17-15-70, 17-15-80, 17-15-90, 17-15-110, 17-15-120, 17-15-130, and 17-15-150 of the 1976 Code are repealed.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
S. 995 -- Senators Short, Jackson and Gregory: A BILL TO AMEND TITLE 34 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING AND FINANCIAL INSTITUTIONS, BY ADDING CHAPTER 41 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF CHECK CASHING SERVICES.
The Committee on Banking and Insurance proposed the following amendment (995.1), which was adopted:
Amend the bill, as and if amended, page 5, by striking lines 1 through 11 and inserting in lieu thereof the following:
/(7): engage in the retail sale of goods or services, other than check cashing services and deferred presentment services, at the location licensed under this chapter;
(8) be licensed pursuant to Section 12-21-2720(a)(3) to operate a coin-operated machine; or
(9) permit others to engage in an activity prohibited by this section at a location licensed under this chapter. For purposes of this section, 'location' means the entire space in which check cashing services are provided and must be separated from any space where goods are sold or leased by walls which may be broken only by a passageway to which the public is not admitted./
Amend title to conform.
Senator McCONNELL explained the committee amendment.
The amendment was adopted.
Senators THOMAS, FAIR and J. VERNE SMITH proposed the following amendment (22073CM.98), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered section:
/SECTION ____. Section 34-29-100(a) of the 1976 Code, as last amended by Act 135 of 1995, is further amended to read:
"(a) Each licensee shall keep and use in his business such full and correct books and accounting records as are in accordance with sound and accepted accounting principles and practices and such books and records, including cards used in the card system, if any, as are in accord with the rules and regulations lawfully made by the board. Each licensee shall preserve such books, accounts, and records, including cards used in the card system, if any, for at least two years after making the final entry on any loan recorded thereon. The renewal or refinancing of a loan shall constitute a final entry.
Notwithstanding any other provision of law or regulation, each licensee, subject to the approval of the Director of the Consumer Finance Division of the South Carolina Board of Financial Institutions, may retain books and records in any other medium, electronic or otherwise, that conforms with the requirements of this section."/
Renumber sections to conform.
Amend title to conform.
Senator THOMAS explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
S. 757 -- Senators Ravenel and Mescher: A BILL TO AMEND CHAPTER 11, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PURPOSE DISTRICTS, BY ADDING SECTION 6-11-65, SO AS TO PROVIDE THAT ELECTORS OF A SPECIAL PURPOSE DISTRICT MAY PETITION FOR A REFERENDUM ON THE QUESTION OF WHETHER THE BOARD OF COMMISSIONERS OF THE SPECIAL PURPOSE DISTRICT SHOULD BE ELECTED, BY ADDING SECTION 6-11-66 TO PROVIDE THAT IN THOSE DISTRICTS WHICH ADOPT THE REFERENDUM THE COMMISSIONERS WILL BE ELECTED ON AN AT-LARGE BASIS IN A NON-PARTISAN ELECTION AT THE GENERAL ELECTION; AND TO AMEND SECTION 6-11-70 OF THE 1976 CODE, RELATING TO THE ELECTION OF BOARD MEMBERS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO ELECTIONS HELD PURSUANT TO THIS ACT.
The Committee on Judiciary proposed the following amendment (JUD0757.009), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 30, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 6-11-70(C) of the 1976 Code is amended to read:
"(C) The provisions of subsection (A) do not apply to districts in counties that have adopted, by ordinance, uniform election dates for districts within those counties before the effective date of this section. The provisions of subsections (A) and (B) do not apply to districts in which the commissioners are elected pursuant to a petition and referendum provided for in Article 2 of Chapter 11 of Title 6."
SECTION 2. Chapter 11, Title 6 of the 1976 Code is amended by adding:
Section 6-11-350. (A) For the purposes of this article, 'special purpose district' or 'district' means any district, including a public service district, created by or pursuant to an act of the General Assembly before March 7, 1973, and to which has been committed before March 7, 1973, any governmental function, including those districts created by special legislation and those districts created by referenda held pursuant to general legislation. This article applies only to those special purpose districts, the governing bodies of which were not, as of January 1, 1997, elected directly by the qualified electors residing in the district. This article does not apply to those special purpose districts which include areas outside this State or which provide services either directly or by contract outside this State. The referendum authorized in this article must be held on the date of the general election held on the first Tuesday following the first Monday in November in even-numbered years.
(B) The qualified electors residing in a special purpose district may by petition request a referendum on the question of electing the governing body of such district by popular vote of the qualified electors in the district. The petition must contain the referendum question and the names, signatures, addresses, voter registration numbers, and dates of signature of at least fifteen percent of the qualified electors of the district. The petition must contain a geographical description of the boundaries of the district and a map clearly setting out the lines of the district in a county, which must be supplied by the district within thirty days of a request of any elector residing in the district.
(C) The original petition must be delivered to the county board of voter registration in the county in which the special purpose district is located. The board must review each name on the petition to determine if each signature is that of a qualified elector in the district, and must verify the number of valid signatures of registered electors contained on the petition submitted and the number of qualified electors in the district. Signatures dated more than one hundred eighty calendar days prior to the date of the submission of the petition shall be disregarded and shall not be counted toward the fifteen percent requirement pursuant to this section. The board shall notify the clerk of the county governing body and the governing body of the special purpose district of the result of the verification process. A copy of the text of the petition which indicates the date the petition was received by the board must be delivered to the clerk of the county governing body and the governing body of the special purpose district.
(D) The petition must be submitted to the board before August first of an even-numbered general election year to be considered for inclusion on the ballot in that year. Upon receipt of a petition, the board must review and verify or reject the petition by twelve o'clock noon September first. If the petition is verified as complete, the question must be placed on the general election ballot in November of that same year. The costs associated with any referendum held pursuant to this article must be paid by the special purpose district.
Section 6-11-351. (A) The governing body of a special purpose district may by resolution adopted by majority vote of all members of the governing body request a referendum on the question of election of governing body members be held in accordance with the provisions of this article. If adopted, a certified copy of the resolution and a map clearly setting out the lines of the district in the county must be presented to the county election commission prior to August first of a general election held in an even-numbered year in order for the referendum to be held on the date of the general election in November of that year.
Section 6-11-352. The referendum question must read substantially as follows:
Shall the governing body for the (special purpose district) be elected by popular vote of the qualified electors residing in the (special purpose district) for four-year terms in non-partisan elections during the November general election held in even-numbered years?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'.
Section 6-11-353. Notice of the referendum must be published by the governing body of the special purpose district at least three times prior to the referendum, including (i) not less than sixty days prior to the date of the referendum, (ii) two weeks after the first date of publication, and (iii) a date not more than fifteen and not less than ten days prior to the date of the referendum. The notice must appear in a newspaper of general circulation within the special purpose district and contain at a minimum the following:
(1) the full name of the district and its governing body;
(2) the names, addresses, and telephone numbers of the members of the district's governing body;
(3) the existing means of appointment of members of the district's governing body;
(4) the act by which the district was initially created and the year effective;
(5) a brief description of the governmental services provided by the district;
(6) a description of the taxing authority of the district, if any, and the limitations on that taxing authority;
(7) a map showing generally the boundaries of the district;
(8) a list of precincts and polling places in which ballots may be cast;
(9) the purpose of the referendum and the question to be presented to qualified electors;
(10) an explanation of the procedure to be followed for election of members of the district's governing body if the result of the referendum is favorable; and
(11) other additional information required by the general law of the State relating to notices of elections.
Section 6-11-354. (A) Notwithstanding any other provision of law, in a referendum held pursuant to this article, if a majority of electors from the special purpose district voting in the election vote in favor of the election of members of the district's governing body, the county election commission must conduct non-partisan elections as provided in this section. Nothing in this article shall bar any appointed member of the district's governing body from becoming a candidate for an election to the district's governing body in any election.
(B) On the first Tuesday following the first Monday in November following the referendum, the voters shall elect commissioners for all seats on the governing body. Candidates must file a statement of intention of candidacy with the county election commission. All commissioners are elected on an at-large basis for a term of four years, except that in the initial election, those commissioners elected by the greatest number of votes cast to equal a simple majority plus one of the commissioners of the governing body shall serve for a term ending on the second general election in an even-numbered year following their initial election. The remaining initially elected commissioners shall serve for a term ending on the first general election in an even-numbered year following their initial election. The county board of elections and registration shall conduct and supervise the elections for commissioners in the manner governed by the election laws of this State, mutatis mutandis. Vacancies must be filled in the manner provided in Section 7-13-190."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator COURTNEY explained the committee amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
S. 981 -- Senator Giese: A BILL TO AMEND SECTION 40-35-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE OF COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, SO AS TO REQUIRE AN ASSOCIATE DEGREE WITH ONE YEAR OF ON-SITE SUPERVISED EXPERIENCE RATHER THAN A HIGH SCHOOL EDUCATION.
The Committee on Medical Affairs proposed the following amendment (981R001.FC), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting woords and inserting:
/SECTION 1. Section 40-35-230(B) of the 1976 Code, as added by Act 66 of 1997, is amended to read:
"(B) The board shall issue a community residential care facility license to a person who submits sound evidence satisfactory to the board that the person:
(1) is at least twenty-one years of age;
(2) is of reputable and responsible character;
(3) is of sound physical and mental health;
(4) has at least twelve months' experience working in a community residential care facility before applying for licensure has a high school diploma or the equivalent and at least two years of on-site work experience with supervisory and direct resident care responsibilities under the supervision of a licensed community residential care facility administrator before July 1, 2000;
(5) has a high school diploma or the equivalent for those applicants applying for initial licensure after January 1, 1993 beginning July 1, 2000, all initial applicants must have:
(a) a minimum of an associate degree with at least one year of on-site work experience with supervisory and direct resident care responsibilities under the supervision of a licensed community residential care facility administrator; however, a person who has a health related associate degree or higher is required to have only six months of on-site work experience with supervisory and direct resident care responsibilities under the supervision of a licensed community residential care facility administrator; or
(6) has successfully completed the community residential care facility administrators examination administered by the board; and
(b) had at least three months of on-site work experience under the supervision of a licensed community residential care facility administrator and has a:
(i) health related baccalaureate degree and at least two years' work experience, as defined by the board, in a health related field other than in a community residential care facility; or
(ii) non-health related baccalaureate degree with at least three years' work experience, as defined by the board, in a health related field other than in a community residential care facility; and
(7) has paid the applicable fees which are nonrefundable (6) has successfully completed the community residential care facility administrators' examination administered by the board and has paid the established fees."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 1166 -- Senator Moore: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE QUALIFICATIONS OF SENATORS AND MEMBERS OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT A CANDIDATE FOR THE SENATE OR HOUSE OF REPRESENTATIVES MUST BE A LEGAL RESIDENT OF THE DISTRICT IN WHICH HE IS A CANDIDATE AT THE TIME HE FILES FOR THE OFFICE.
The Senate proceeded to a consideration of the Joint Resolution, the question being the second reading of the Joint Resolution.
On motion of Senator MOORE, the text of the Joint Resolution was ordered printed upon the pages of the Journal as follows:
S. 1166 -- Senator Moore: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE QUALIFICATIONS OF SENATORS AND MEMBERS OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT A CANDIDATE FOR THE SENATE OR HOUSE OF REPRESENTATIVES MUST BE A LEGAL RESIDENT OF THE DISTRICT IN WHICH HE IS A CANDIDATE AT THE TIME HE FILES FOR THE OFFICE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 7, Article III of the Constitution of this State be amended to read:
"Section 7. No person is eligible for a seat in the Senate or House of Representatives who, at the time of his election, is not a duly qualified elector under this Constitution in the district in which he may be chosen. Senators must be at least twenty-five and Representatives at least twenty-one years of age. A candidate for the Senate or House of Representatives must be a legal resident of the district in which he is a candidate at the time he files for the office. No person who has been convicted of a felony under state or federal law or convicted of tampering with a voting machine, fraudulent registration or voting, bribery at elections, procuring or offering to procure votes by bribery, voting more than once at elections, impersonating a voter, or swearing falsely at elections/taking oath in another's name, or who has pled guilty or nolo contendere to these offenses, is eligible to serve as a member of the Senate or the House of Representatives. However, notwithstanding any other provision of this Constitution, this prohibition does not apply to a person who has been pardoned under state or federal law or to a person who files for public office fifteen years or more after the completion date of service of the sentence, including probation and parole time, nor shall any person, serving in office prior to the ratification of this provision, be required to vacate the office to which he is elected."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Shall Section 7, Article III of the Constitution of this State, relating to the qualifications of Senators and members of the House of Representatives, be amended so as to provide that a candidate for the Senate or House of Representatives must be a legal resident of the district in which he is a candidate at the time he files for the office?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
The question then was the second reading of the Joint Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Grooms Holland Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Russell Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
The Bill was read the second time, passed and ordered to a third reading.
On motion of Senator MOORE, with unanimous consent, S. 1166 was ordered to receive a third reading on Wednesday, April 15, 1998.
Senator MARTIN assumed the Chair at 12:47 P.M.
The following Bill was carried over:
S. 1120 -- Senator Elliott: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX, SECTION 27-32-170, RELATING TO EXEMPTION FROM SALES TAX OF SALE OF A VACATION TIME SHARING PLAN, AND SECTION 27-32-250, AS AMENDED, RELATING TO EXEMPTION FROM SALES TAX OF SALE OF A VACATION MULTIPLE OWNERSHIP INTEREST, ALL SO AS TO EXEMPT FROM SALES TAX THE SALE OR RESALE OR THE EXCHANGE OF AN INTEREST IN A VACATION TIME SHARING PLAN AND A VACATION MULTIPLE OWNERSHIP INTEREST.
S. 1013 -- Senator Lander: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 50 SO AS TO ENACT THE SOUTHERN INTERSTATE DAIRY COMPACT ACT OF 1997, TO PROVIDE THAT THE GOVERNOR MAY EXECUTE AN INTERSTATE DAIRY COMPACT WITH THE DESIGNATED COMPACT STATES SO AS TO ADOPT THE SOUTHERN INTERSTATE DAIRY COMPACT, TO PROVIDE WHEN THE COMPACT BECOMES OPERATIVE AND EFFECTIVE, AND THAT WHEN THE COMPACT BECOMES EFFECTIVE, IT IS THE POLICY OF THIS STATE TO PERFORM AND CARRY OUT THE PROVISIONS OF THE COMPACT, TO PROVIDE THAT THE COMMISSIONER OF AGRICULTURE IS THE COMPACT ADMINISTRATOR FOR THIS STATE, TO PROVIDE FOR THE STATE'S DELEGATION TO THE SOUTHERN INTERSTATE DAIRY COMPACT COMMISSION, AND FOR MEMBERSHIP, APPOINTMENTS, TERMS, AND FILLING OF VACANCIES ON THE DELEGATION, TO PROVIDE FOR PER DIEM AND REIMBURSEMENT OF TRAVEL EXPENSES FOR MEMBERS OF THE DELEGATION, TO PROVIDE FOR FUNDING, FACILITIES, ASSISTANCE, AND ACCESS TO INFORMATION AND DATA FROM OTHER STATE OFFICERS, AGENCIES, AND EMPLOYEES, AND FROM PRIVATE PERSONS BY LAWFUL MEANS, TO ASSIST THE DELEGATION IN CARRYING OUT THE PURPOSES OF THE COMPACT, TO PROVIDE FOR THE ADOPTION OF RULES AND REGULATIONS AS NECESSARY TO CARRY OUT THE PURPOSES OF THE COMPACT AND THIS CHAPTER, INCLUDING PROVISIONS FOR THE REVOCATION OR FORFEITURE OF LICENSES, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THE COMPACT, RELATED RULES AND REGULATIONS, OR THE PROVISIONS OF THIS CHAPTER.
Senator McCONNELL proposed the following amendment (S1013-1.GFM), which was adopted:
Amend the bill, as and if amended, Section 46-50-40, page 19, by deleting lines 37 and 38 and inserting in lieu thereof the following:
/the Southern Interstate Dairy Compact Commission. With the/.
Amend title to conform.
The amendment was adopted.
Senator LANDER explained the Bill.
On motion of Senator LANDER, the Bill was carried over.
S. 1179 -- Senator Drummond: A BILL TO AMEND SECTION 34-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE COMMISSIONER OF BANKING TO EXAMINE CERTAIN INSTITUTIONS SO AS TO AUTHORIZE EXAMINATION OF THE CAROLINA CAPITAL INVESTMENT CORPORATION.
Senator PASSAILAIGUE objected to further consideration of the Bill.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 306 -- Senators Hayes, Alexander, Courson, Drummond, Fair, Giese, Gregory, Jackson, Lander, Leatherman, Martin, McGill, Mescher, O'Dell, Passailaigue, Peeler, Rose, Russell, Ryberg, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-287 BY ENACTING THE OMNIBUS HIGHWAY SAFETY ACT SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS AN ALCOHOL CONCENTRATION OF OR IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO PROVIDE TESTING IN INCIDENTS IN WHICH A LAW ENFORCEMENT OFFICER HAS PROBABLE CAUSE TO BELIEVE A DRIVER HAS CONSUMED ALCOHOLIC BEVERAGES OR A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC ONE-YEAR SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY; BY ADDING SECTION 56-5-2951 SO AS TO PROVIDE FOR AN ADMINISTRATIVE DRIVER'S LICENSE AND PERMIT REVOCATION PROCEDURE FOR A PERSON ARRESTED WHILE DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE; BY AMENDING SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF MOTOR VEHICLE LAWS, SO AS TO DEFINE "ALCOHOL" AND "ALCOHOL CONCENTRATION"; BY AMENDING SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF COMMERCIAL DRIVER'S LICENSES, SO AS TO DELETE THE DEFINITION FOR "ALCOHOL" AND "ALCOHOL CONCENTRATION"; BY AMENDING SECTION 56-5-2930, RELATING TO THE UNLAWFUL USE OF NARCOTICS, LIQUOR, DRUGS, OR SIMILAR SUBSTANCES BY A MOTOR VEHICLE DRIVER, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH A PERSON MAY NOT OPERATE A MOTOR VEHICLE; AND BY AMENDING SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS ON A MOTOR VEHICLE OPERATOR, SO AS TO REVISE THE PROCEDURE FOR UTILIZING THE TEST RESULTS, TO DELETE THE DRIVER'S LICENSE AND PERMIT SUSPENSION PROCEDURE, TO REVISE THE DRIVER'S LICENSE SUSPENSION PERIOD FOR A PERSON WHO REFUSES TO TAKE THE TESTS, AND TO MAKE TECHNICAL CHANGES.
On behalf of Senator HAYES and in his absence, Senator MOORE moved that the Bill be made a Special Order.
Senator MOORE spoke on the motion.
Senator McCONNELL argued contra to the motion.
Senator HUTTO argued in favor of the adoption of the motion.
The PRESIDENT assumed the Chair at 1:14 P.M.
Senator HUTTO argued in favor of the adoption of the motion.
By a division vote of 29-3, the Bill was made a Special Order.
On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on April 14, 1998, at 1:15 P.M. and the following Acts and Joint Resolutions were ratified:
(R326) S. 920 -- Senators Lander, Courson and Giese: AN ACT TO AMEND SECTION 44-43-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTATION OF ORGAN DONORS ON DRIVERS' LICENSES, SO AS TO DELETE THE MANNER IN WHICH THE NOTATION MUST BE MADE AND TO DELETE CERTAIN NOTICE PROVISIONS; TO AMEND SECTION 44-43-70, AS AMENDED, RELATING TO THE BONE MARROW DONOR PROGRAMS, SO AS TO CLARIFY THAT THE PROGRAM AT THE UNIVERSITY OF SOUTH CAROLINA IS IN THE SCHOOL OF MEDICINE; TO AMEND SECTION 44-43-140, AS AMENDED, RELATING TO THE DESIGNATION, REMOVAL, AND USE OF DONATED EYES, SO AS TO PROVIDE THAT THE SOUTH CAROLINA LIONS EYE BANK, INC., MUST REQUEST REMOVAL OF THE EYES AND THAT THE EYES MUST BE REMOVED BY A PERSON TRAINED IN A COURSE CONDUCTED BY THE EYE BANK; TO AMEND SECTION 44-43-160, RELATING TO THE PROHIBITION AGAINST CHARGING THE DONEE FOR EYES TO BE USED FOR RESTORATION, SO AS TO ALSO PROHIBIT THE CHARGING OF A FEE; TO AMEND SECTION 44-43-330, AS AMENDED, RELATING TO PROCEDURES FOR ORGAN DONATIONS, SO AS TO CLARIFY CERTAIN CATEGORIES OF PERSONS WHO MAY CONSENT TO SUCH DONATIONS; TO AMEND SECTION 44-43-350, RELATING TO THE MANNER IN WHICH AN ANATOMICAL GIFT MAY BE MADE, SO AS TO CLARIFY THAT CONSENT OF A FAMILY MEMBER IS NOT REQUIRED IF THE DONOR EXECUTED A DONOR CARD OR OTHER DOCUMENTATION ATTESTING TO THE DESIRE TO MAKE SUCH A GIFT AND TO REQUIRE MEDICAL AND LAW ENFORCEMENT PERSONS TO MAKE REASONABLE EFFORTS TO HAVE SUCH DOCUMENTATION ACCOMPANY A PERSON TO THE HOSPITAL FOLLOWING AN ACCIDENT; TO AMEND SECTION 44-43-510, RELATING TO THE COMPOSITION OF THE BOARD FOR THE DISTRIBUTION AND DELIVERY OF DEAD HUMAN BODIES, SO AS TO INCLUDE THE UNIVERSITY OF SOUTH CAROLINA SCHOOL OF MEDICINE; TO AMEND ARTICLE 11, CHAPTER 43, TITLE 44, RELATING TO HOSPITAL POLICY AND PROTOCOL FOR ORGAN DONATION, SO AS TO CLARIFY AND REVISE THESE POLICIES AND PROTOCOLS, TO DEFINE THE "SOUTH CAROLINA DONOR REFERRAL NETWORK", AND TO REQUIRE THE NETWORK TO CONDUCT DEATH RECORD REVIEWS PURSUANT TO AGREEMENTS ENTERED INTO WITH HOSPITALS FOR THE PURPOSE OF ENSURING COMPLIANCE WITH THIS ARTICLE; TO AMEND SECTION 44-43-1320, RELATING TO THE GIFT OF LIFE TRUST FUND BOARD, SO AS TO CLARIFY THE MEMBER AGENCIES ON THE BOARD; AND TO REPEAL SECTIONS 44-43-120, 44-43-130, 44-43-150, AND 44-43-390 ALL RELATING TO PROCEDURES FOR EYE DONATIONS.
(R327) S. 921 -- Senators Lander, Courson and Giese: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-43-410 SO AS TO REQUIRE AN ORGAN DONATION TO BE DONATED TO THE ORGAN PROCUREMENT ORGANIZATION IF NO DONEE IS SPECIFICALLY DESIGNATED BY THE DONOR; BY ADDING SECTION 44-43-420 SO AS TO AUTHORIZE THE ORGAN PROCUREMENT ORGANIZATION TO ENTER INTO AGREEMENTS WITH OTHER STATES FOR THE SHARING OF ORGANS, TO REQUIRE DONATIONS TO REMAIN WITH SOUTH CAROLINA RECIPIENTS, AND TO PROVIDE AN EXCEPTION; TO AMEND SECTION 44-43-320, RELATING TO DEFINITIONS IN THE UNIFORM ANATOMICAL GIFT ACT, SO AS TO DEFINE THE ORGAN PROCUREMENT ORGANIZATION.
(R328) H. 3619 -- Rep. Wilkes: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 50-11-28 AND 50-11-29 SO AS TO MAKE IT UNLAWFUL TO HUNT MIGRATORY WATERFOWL ON LAKES GREENWOOD AND WATEREE RESPECTIVELY WITHIN TWO HUNDRED YARDS OF A DWELLING WITHOUT THE WRITTEN PERMISSION OF THE OWNER AND OCCUPANT, TO DEFINE LAKES GREENWOOD AND WATEREE FOR THE ABOVE PURPOSES, AND TO PROVIDE PENALTIES FOR VIOLATION.
(R329) H. 3792 -- Reps. Cato and Walker: AN ACT TO AMEND SECTION 38-73-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CASUALTY AND SURETY INSURANCE RATES AND ASSIGNED RISK, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT INSURERS PARTICIPATING IN THE VOLUNTARY MARKET SHALL PARTICIPATE IN CERTAIN MECHANISMS AND SHALL PAY THEIR ASSESSMENTS AND THAT THE ASSIGNED RISK PLAN ADMINISTRATOR SHALL MAINTAIN NECESSARY RATE-MAKING DATA IN ORDER TO PERMIT THE ACTUARIAL DETERMINATION OF RATES AND RATING PLANS APPROPRIATE FOR THE BUSINESS INSURED THROUGH THE PLAN; TO AMEND SECTION 38-73-1210, AS AMENDED, RELATING TO PROPERTY, CASUALTY, INLAND MARINE, AND SURETY INSURANCE RATES, RATING ORGANIZATIONS, AND THE PROVISION THAT MEMBERS OF A RATING ORGANIZATION ARE NOT REQUIRED TO FILE INDIVIDUALLY, SO AS TO AUTHORIZE A RATING ORGANIZATION TO COLLECT, COMPILE, AND DISSEMINATE TO INSURERS COMPILATIONS OF PAST AND CURRENT PREMIUMS OF INSURERS; AND TO PROVIDE THAT NOTHING CONTAINED IN THIS ACT APPLIES TO SELF-INSURERS.
(R330) H. 3974 -- Reps. Campsen, Seithel, Woodrum, Altman and Young: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1635 SO AS TO PROHIBIT PLACING A MINOR IN A FOSTER HOME IF THE MINOR HAS BEEN ADJUDICATED OR CONVICTED OF OR PLED GUILTY TO A SEX OFFENSE, TO PROVIDE AN EXCEPTION FOR PLACEMENT IN A THERAPEUTIC FOSTER HOME IF NO OTHER MINORS ARE IN THE HOME, AND TO AUTHORIZE THE PLACING AGENCY TO PETITION FOR AN EXCEPTION FOR GOOD CAUSE.
(R331) H. 4354 -- Reps. Cato, Kirsh, Mason, Sandifer and Seithel: AN ACT TO AMEND SECTION 34-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT OF MEMBERS TO THE STATE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO REALLOCATE BETWEEN THE SOUTH CAROLINA BANKERS ASSOCIATION AND THE STATE COOPERATIVE CREDIT UNION LEAGUE THE TWO MEMBERS FORMERLY REPRESENTING THE STATE SAVINGS AND LOAN LEAGUE.
(R332) H. 4543 -- Rep. Gamble: AN ACT TO AMEND SECTION 34-13-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAXIMUM AMOUNTS OF BANK LOANS, SO AS TO CONFORM THE AMOUNTS TO FEDERAL LAW BY SETTING THE MAXIMUMS AS PERCENTAGES OF THE BANK'S UNIMPAIRED CAPITAL AND BY DEFINING "UNIMPAIRED CAPITAL".
(R333) H. 4596 -- Reps. Harrison and Cromer: AN ACT TO AMEND SECTION 7-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO MEET AT SUCH TIMES AS IT CONSIDERS NECESSARY.
(R334) H. 4640 -- Reps. Rhoad, Sharpe, Barfield, T. Brown and Webb: A JOINT RESOLUTION TO REQUIRE A PERSON ENGAGED IN PESTICIDE OPERATIONS TO ENSURE THAT ALL COMPRESSED GAS TANKS OR CYLINDERS USED TO SUPPLY PROPELLANT FOR PESTICIDES ARE EQUIPPED WITH PROPERLY FUNCTIONING BACK FLOW PREVENTION DEVICES AND TO PROVIDE CRIMINAL AND CIVIL PENALTIES.
(R335) H. 4644 -- Reps. Quinn and Harrison: A JOINT RESOLUTION TO REQUIRE THE STATE TO SET ASIDE $1,500,000 ANNUALLY TO PAY FEES AND EXPENSES OF PRIVATE COUNSEL APPOINTED IN NONCAPITAL CASES.
(R336) H. 4826 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, LIVESTOCK, POULTRY HEALTH DIVISION, RELATING TO IMPORTATION OF LIVESTOCK, SHEEP AND GOATS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2234, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R337) H. 4827 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, LIVESTOCK, POULTRY HEALTH DIVISION, RELATING TO VESICULAR STOMATITIS RESTRICTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2235, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R338) H. 4867 -- Reps. Simrill and Kirsh: AN ACT 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 THAT THE SCHOOL DISTRICT RATHER THAN YORK COUNTY SHALL PAY FOR THE COST OF THE ELECTIONS.
(R339) H. 4887 -- Reps. Meacham, Delleney, Kirsh, McCraw, Moody-Lawrence and Simrill: AN ACT TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN YORK COUNTY, SO AS TO DIVIDE THE TEGA CAY PRECINCT INTO TWO PRECINCTS AND REVISE THE MAP DOCUMENT NUMBER ON THE OFFICIAL MAP ON WHICH THE LINES OF THE PRECINCTS ARE DELINEATED.
On motion of Senators HOLLAND and GIESE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Sidney Kirkland, Jr. of Lugoff, S.C.
At 1:28 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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