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, one of the pastors at one of the funerals of children who died in the terrible episode in Colorado last week spoke these words to the shocked, stunned and disconsolate children who survived, words from St. Paul (Romans 12:21). Hear them:
"Do not be overcome by evil, but overcome evil with good."
Let us pray.
Our Father, we thank You for the multitudes upon multitudes of our good and faithful young people of the twentieth century who have heard the words of St. Paul.
They have not made the headlines of the children of hate and hostility but they carry on, and You answer our prayers through them as they study... and work... and sacrifice... some in the Armed Forces... others in the classrooms of our schools... that this earth, this world You gave to us... may yet know something of the Kingdom of God.
Help us, some of whom have grown old and cynical, to join them in "overcoming evil with good."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable James H. Hodges:
Reappointment, Chester County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Dianne Hitt Moore, 119 Foote Street, Chester, S.C. 29706
Reappointment, Chester County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Benjamin T. Murdock, 722 Murdock Road, Richburg, S.C. 29729
Initial Appointment, Clarendon County Board of Voter Registration, with term to expire March 15, 2000:
At-Large:
Julia M. Holliday, 111 Richard Street, Manning, S.C. 29102 VICE Jewell M. Ellerby
Reappointment, Laurens County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
James A. Davis, Route 1, Box 40, Waterloo, S.C. 29384
Reappointment, Laurens County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Oscar L. Tribble, 254 Lawson Road, Laurens, S.C. 29360
Reappointment, Laurens County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Glynda L. Tucker, P. O. Box 438, Gray Court, S.C. 29645
Reappointment, Marion County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Levone Graves, 529 Faulk Road, Marion, S.C. 29571
Reappointment, Richland County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Golie S. Augustus, 1640 Steadfast Street, Columbia, S.C. 29203
Reappointment, Richland County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Harold A. Cuff, 2517 Marathon Drive, Columbia, S.C. 29209
Reappointment, Richland County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Clevette LaVonne Hudnell, 6904 Gavilan Ave., Columbia, S.C. 29203
Reappointment, Richland County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Samuel Peay, 954 Campanella Circle, Columbia, S.C. 29203
Reappointment, Richland County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
James K. Redding, 308 Stonegate Drive, Columbia, S.C. 29223-6412
Reappointment, Richland County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
William T. Smith, 6605 Arcadia Woods Road, Columbia, S.C. 29206
The following were received and referred to the appropriate committee for consideration:
Document No. 2425
Agency: Board of Education
SUBJECT: Textbook Adoption Regulation
Received by Lieutenant Governor April 26, 1999
Referred to Education Committee
Legislative Review Expiration August 24, 1999
(Subject to Sine Die Revision)
Document No. 2427
Agency: Board of Education
SUBJECT: Principal Induction Program
Received by Lieutenant Governor April 26, 1999
Referred to Education Committee
Legislative Review Expiration August 24, 1999
(Subject to Sine Die Revision)
At 12:05 P.M., Senator CORK requested a leave of absence from 4:00 P.M. Wednesday April 28, 1999 until 11:00 A.M. on Thursday, April 29, 1999.
At 12:05 A.M., Senator RYBERG requested a leave of absence from 5:00 - 8:30 P.M. on Wednesday, April 29, 1999.
At 12:05 A.M., Senator THOMAS requested a leave of absence for Sunday, May 2, 1999.
At 12:10 P.M., Senator LEATHERMAN requested a leave of absence from 5:00 - 10:00 P.M. on Wednesday, April 28, 1999.
At 12:10 P.M., Senator HUTTO requested a leave of absence from 9:00 - 12:00 P.M. and 6:30 - 12:00 A.M. on Tuesday, May 4, 1999.
At 12:20 P.M., the leave of absence granted to Senator SETZLER from 11:45 - 1:30 P.M. on Thursday, April 29, 1999, was rescinded.
At 12:20 P.M., Senator SETZLER requested a leave of absence from 11:30 - 1:00 P.M. on Thursday, May 6, 1999.
On motion of Senator GREGORY, at 12:25 P.M., Senator FAIR was granted a leave of absence from 3:00 - 11:00 P.M. on Thursday, April 29, 1999.
At 12:25 P.M., Senator GREGORY requested a leave of absence beginning at 5:00 P.M. on Friday, April 30, 1999, and lasting until 8:00 P.M. on Monday, May 3, 1999.
At 12:25 P.M., Senator LAND requested a leave of absence from 1:00 - 2:15 P.M. on Wednesday, April 28, 1999.
At 1:30 P.M., Senator RANKIN requested a leave of absence beginning at 4:00 P.M. Thursday, April 29, 1999, and lasting until 6:00 P.M. Friday, April 30, 1999.
Senator McCONNELL rose for an Expression of Personal Interest.
Senator LAND rose for an Expression of Personal Interest.
Senator SETZLER rose for an Expression of Personal Interest.
Senator PATTERSON rose for an Expression of Personal Interest.
Senator MATTHEWS rose for an Expression of Personal Interest.
Senator RAVENEL rose for an Expression of Personal Interest.
Senator WASHINGTON rose for an Expression of Personal Interest.
At 1:58 P.M., Senator DRUMMOND asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts and authorizing the PRESIDENT to ratify Acts at a time mutually convenient to the Speaker of the House and the PRESIDENT of the Senate.
There was no objection and a message was sent to the House accordingly.
S. 304 (Word version) -- Senators Hayes and Giese: A BILL TO AMEND CHAPTER 47, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS, AND THE STATE BOARD OF MEDICAL EXAMINERS, BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF DIETETICS; TO ESTABLISH THE COMMITTEE OF DIETETICS AS AN ADVISORY COMMITTEE TO THE BOARD AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO ESTABLISH FEES; AND TO PROVIDE PENALTIES.
Senator HAYES asked unanimous consent to make a motion to recall the Bill from the Committee on Medical Affairs.
There was no objection.
Senator HAYES asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator HAYES explained the Bill.
Senator HAYES asked unanimous consent to give the Bill a second reading, carrying over all amendments to third reading.
There was no objection.
The Bill was read the second time and ordered placed on the third reading Calendar.
S. 543 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURTS ESTABLISHED FOR LANCASTER COUNTY, SO AS TO PROVIDE FOR A COUNTYWIDE JURY AREA.
Senator HOLLAND asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
On motion of Senator HOLLAND, with unanimous consent, the Bill was read the second time and ordered placed on the third reading Calendar.
There was no objection.
S. 697 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND SECTION 31-3-340, AS AMENDED, CODE OF LAWS OF SOUTH
Senator J. VERNE SMITH asked unanimous consent to make a motion to recall the Bill from the Committee on Labor, Commerce and Industry.
There was no objection.
Senator J. VERNE SMITH explained the Bill.
The Bill was recalled and on motion of Senator J. VERNE SMITH, with unanimous consent, was ordered placed on the Calendar.
There was no objection.
On motion of Senator HOLLAND, with unanimous consent, S. 543 was ordered to receive a third reading on Wednesday, April 28, 1999.
S. 726 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 40-43-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA PHARMACY PRACTICE ACT, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 40-43-60, AS AMENDED, RELATING TO VARIOUS REQUIREMENTS FOR THE DISPENSING AND SALE OF DRUGS, SO AS TO CLARIFY CONDITIONS UNDER WHICH A PHYSICIAN MAY DISPENSE NONCONTROLLED DRUGS AT A CLINIC PROVIDING FREE MEDICAL SERVICES AND TO CLARIFY WHICH NONNARCOTIC NONPRESCRIPTION DRUGS MAY BE SOLD BY A RETAIL MERCHANT; TO AMEND SECTION 40-43-84, RELATING TO PHARMACY INTERNSHIPS, SO AS TO ALSO REFERENCE EXTERNSHIPS; TO AMEND SECTION 40-43-85 RELATING TO INTERNSHIP PROGRAMS AND PRACTICAL EXPERIENCE, SO AS TO REVISE REQUIREMENTS FOR PRACTICAL EXPERIENCE; TO AMEND SECTION 40-43-86, AS AMENDED, RELATING TO FACILITY REQUIREMENTS FOR PHARMACIES, DUTIES OF PHARMACISTS-IN-CHARGE AND
S. 620 (Word version) -- Senators Martin, J. Verne Smith, Bryan, Giese, Leventis, Wilson, Alexander, Waldrep and Courson: A JOINT RESOLUTION TO PROHIBIT THE DEPARTMENT OF PUBLIC SAFETY FROM SELLING, OR OTHERWISE FURNISHING, SOCIAL SECURITY NUMBERS, DIGITIZED PHOTOGRAPHS, AND DIGITIZED SIGNATURES, AND TO PROHIBIT ANY PRIVATE PERSON OR ENTITY FROM USING AN ELECTRONICALLY-STORED VERSION OF THE PHOTOGRAPH, SOCIAL SECURITY NUMBER, OR SIGNATURE OF ANY PERSON FOR ANY PURPOSE, WHEN SUCH ELECTRONICALLY-STORED INFORMATION WAS OBTAINED FROM A DRIVER'S LICENSE RECORD.
The House returned the Bill with amendments.
The Senate proceeded to a consideration of the Bill. The question being concurrence in the House amendments.
Senator MARTIN proposed the following amendment (620R001.LAM), which was adopted:
Amend the bill, as and if amended, page 2, beginning on line 14, by striking SECTION 2 in its entirety.
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was amended, read the third time and ordered returned to the House with amendments.
The following were introduced:
S. 760 (Word version) -- Senators Wilson, Glover, Giese and Bryan: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 12, 1999, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, COASTAL CAROLINA UNIVERSITY, LANDER UNIVERSITY, SOUTH CAROLINA STATE UNIVERSITY, WIL LOU GRAY OPPORTUNITY SCHOOL, AND WINTHROP UNIVERSITY TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1999 OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
The Concurrent Resolution was introduced and referred to the Committee on Invitations.
S. 761 (Word version) -- Senator Washington: A JOINT RESOLUTION TO APPROPRIATE A SUM NOT TO EXCEED TWENTY-FIVE MILLION DOLLARS FROM THE GENERAL FUND OF THE STATE TO BEAUFORT COUNTY AS A MATCHING GRANT FOR A MOTION PICTURE PRODUCTION STUDIO IN BEAUFORT COUNTY.
Read the first time and referred to the Committee on Finance.
S. 762 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-970 SO AS TO PROVIDE AN ANNUAL LONGEVITY PAY RAISE FOR STATE EMPLOYEES.
Read the first time and referred to the Committee on Finance.
S. 763 (Word version) -- Senator Russell: A BILL TO AMEND SECTION 20-1-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGE WITHOUT A LICENSE, SO AS TO ABOLISH COMMON LAW MARRIAGE IN SOUTH CAROLINA ON AND AFTER JULY 1, 1999, AND TO ESTABLISH CONDITIONS UNDER WHICH A COMMON LAW MARRIAGE ENTERED INTO PRIOR TO JULY 1, 1999, MAY HEREAFTER BE RECOGNIZED AS VALID.
Read the first time and referred to the Committee on Judiciary.
S. 764 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS AND REPORT ON THE STATUTORY AND CONSTITUTIONAL RAMIFICATIONS OF VARIOUS METHODS FOR IMPROVING AND ASSURING THE SPEEDY DISPOSITION OF CIVIL CASES IN CIRCUIT COURTS AND MAGISTRATES COURTS.
Read the first time and ordered placed on the Calendar without reference.
On motion of Senator HOLLAND, S. 764 was ordered to receive a second and third reading on the next two consecutive legislative days.
H. 3498 (Word version) -- Reps. Lourie, J. Smith, Campsen, Lee, Davenport, Taylor, Kirsh, Leach, Loftis, Maddox, Allen, Klauber, W. McLeod, Breeland, Pinckney, J. Brown, Wilder, Parks, Hawkins, Rutherford, Lucas, Neilson, McMahand, Harrison, Quinn, Mack, Phillips, McCraw, F. Smith, Battle, R. Smith, Cato, Moody-Lawrence, Simrill, Robinson, Hamilton, Easterday, Rice, Delleney, Bales, Bowers, Rhoad, Wilkes, M. McLeod, Knotts, McGee, Canty, Townsend, Stille, Rodgers, Gourdine, Hinson, Riser, Bailey, Jennings, Harris, Neal, Scott, Howard, Sandifer, Hayes, Barfield and Seithel: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 117 SO AS TO ENACT THE "PRESCRIPTION
Read the first time and referred to the Committee on Medical Affairs.
H. 3811 (Word version) -- Reps. Wilkins and Vaughn: A BILL TO AMEND ACT 355 OF 1994, RELATING TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ENABLING ACT OF 1994 AND THE EFFECTIVE DATE OF THE REPEAL OF VARIOUS STATE AND LOCAL PROVISIONS OF LAW PERTAINING TO PLANNING AND ZONING BY LOCAL GOVERNMENTAL ENTITIES, SO AS TO EXTEND FROM MAY 3, 1999, UNTIL DECEMBER 31, 1999, THE EFFECTIVE DATE OF THE REPEAL OF THESE STATE AND LOCAL PROVISIONS OF LAW AND THE DATE BY WHICH ALL LOCAL PLANNING PROGRAMS MUST BE IN CONFORMITY WITH THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ENABLING ACT OF 1994.
Read the first time and referred to the Committee on Judiciary.
H. 3891 (Word version) -- Reps. McKay and McGee: A BILL TO AMEND SECTION 22-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATE COURTS, SO AS TO REVISE A JURY AREA IN FLORENCE COUNTY.
Read the first time and, on motion of Senator LEATHERMAN, referred to the Florence delegation.
H. 3912 (Word version) -- Reps. Gilham, Lloyd and Rodgers: A BILL TO AMEND SECTION 50-21-136, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NO WAKE ZONES ON CERTAIN CREEKS AND COVES ON HILTON HEAD ISLAND AND ON THE NEW RIVER IN BEAUFORT COUNTY, SO AS TO CORRECT A DIRECTIONAL REFERENCE.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 3945 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO
Read the first time and referred to the Committee on Education.
H. 3955 (Word version) -- Reps. Wilkins, Carnell, Haskins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING PROFOUND SORROW AT THE DEATH OF HOLLY SELF DRUMMOND, LEADING SOUTH CAROLINIAN, GREENWOOD COUNTY NATIVE, AND WIFE OF OUR BELOVED COLLEAGUE IN THE GENERAL ASSEMBLY, THE HONORABLE JOHN W. DRUMMOND, AND EXTENDING DEEPEST SYMPATHY TO SENATOR DRUMMOND AND ALL THE MEMBERS OF THE SELF AND DRUMMOND FAMILIES.
The Concurrent Resolution was introduced. The question being adoption of the Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bauer Branton Bryan Cork
Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hayes Holland Hutto Jackson Land 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 returned to the House.
H. 3964 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO USE AND DISSEMINATION OF TEST RESULTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2368, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 3965 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM, MINIMUM STANDARDS OF STUDENT ACHIEVEMENT FOR GRADES 1, 2, 3, 6, AND 8 (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2370, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 3966 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM, MINIMUM STANDARDS OF STUDENT ACHIEVEMENT FOR READING AND MATHEMATICS IN GRADES 11 (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2371, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 3970 (Word version) -- Reps. Scott, Bales, J. Brown, Cotty, Harrison, Howard, Lourie, Neal, Quinn, Rutherford and J. Smith: A BILL TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO ESTABLISH NEW PRECINCTS AND RENAME CERTAIN EXISTING PRECINCTS.
Read the first time and referred to the Committee on Judiciary
H. 3976 (Word version) -- Rep. Neal: A CONCURRENT RESOLUTION CONGRATULATING THE PASTOR, OFFICERS, AND MEMBERS OF THE NEW LIGHT BEULAH BAPTIST OUTREACH CENTER IN RICHLAND COUNTY ON THE CELEBRATION OF ITS SECOND ANNIVERSARY OPEN HOUSE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3983 (Word version) -- Reps. Phillips, McCraw, Littlejohn, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor,
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3985 (Word version) -- Reps. Hayes and Hinson: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. BILLY G. BAKER OF BERKELY COUNTY FOR HIS OUTSTANDING CONTRIBUTIONS TO HIGH SCHOOL ATHLETICS AS EDITOR AND PUBLISHER OF HIGH SCHOOL SPORTS REPORT.
The Concurrent Resolution was adopted, ordered returned to the House.
S. 717 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION TO DECLARE MAY, 1999, AS STROKE AWARENESS MONTH IN SOUTH CAROLINA AND TO URGE ALL CITIZENS TO EDUCATE THEMSELVES REGARDING THE RISK FACTORS FOR STROKE AND HEART DISEASE AND TO RECOGNIZE THE SIGNS AND SYMPTOMS OF THESE CONDITIONS.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 3829 (Word version) -- Reps. Klauber, Carnell, Clyburn, W. McLeod, Parks, Stille, Taylor and Wilder: A BILL TO AMEND SECTION 43-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE GLEAMNS HUMAN
Senator BRYAN explained the Bill.
The following House Bill was read the third time and ordered returned to the House with amendments:
H. 3158 (Word version) -- Reps. Campsen, Knotts, R. Smith, Loftis, Barfield, Tripp, Altman, Wilder, Easterday, Edge, Leach, Harrison, Robinson, Wilkins, J. Brown, Miller, Hamilton, Barrett, Rice, Cato, J. Smith, Delleney, Gilham, Lourie, Rhoad, Bailey, Sharpe, Kirsh, Bales, Jennings, M. Hines, Neilson, Kennedy, Ott, Cobb-Hunter, Hayes, Gourdine, J. Hines, Inabinett, Breeland, Lee, Moody-Lawrence, F. Smith, McMahan, Mack, Maddox, Riser, Simrill and Sandifer: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING CHAPTER 32 SO AS TO ENACT THE "SOUTH CAROLINA RELIGIOUS FREEDOM ACT" UNDER WHICH THE STATE OF SOUTH CAROLINA AND ANY POLITICAL SUBDIVISION OF THE STATE IS PROHIBITED FROM BURDENING A PERSON'S CONSTITUTIONAL EXERCISE OF RELIGION EXCEPT UNDER CERTAIN CONDITIONS AND UNDER WHICH A PERSON WHOSE EXERCISE OF RELIGION HAS BEEN BURDENED IN VIOLATION OF THIS CHAPTER MAY ASSERT THAT VIOLATION AS A CLAIM OR DEFENSE IN A JUDICIAL PROCEEDING AND OBTAIN APPROPRIATE RELIEF AGAINST THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE.
The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:
S. 85 (Word version) -- Senators Thomas and Giese: A BILL TO AMEND SECTION 24-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITNESSES PERMITTED TO VIEW AN EXECUTION, SO AS TO PROVIDE THAT A CONVICT MAY SUBSTITUTE ONE PERSON FOR EITHER HIS COUNSEL
S. 618 (Word version) -- Senators Moore and Waldrep: A BILL TO AMEND TITLE 24 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRECTIONS, JAILS, PROBATIONS, PAROLES, AND PARDONS, BY ADDING CHAPTER 2, SO AS TO PROVIDE FOR AN INMATE HEALTH CARE OMBUDSMAN TO ENSURE PROPER HEALTH CARE SERVICE TO INMATES AND TO PROVIDE FOR A CITIZENS PRISON HEALTH CARE ADVISORY BOARD.
S. 742 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO GIFTED AND TALENTED PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2280, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 126 (Word version) -- Senators Passailaigue and Elliott: A BILL TO AMEND SECTION 16-3-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT WITHIN FIFTEEN DAYS OF THE RETURN OF A TRUE BILL OF AN INDICTMENT BY A GRAND JURY FOR A CRIME WHEREIN THE VICTIM WAS EXPOSED TO BLOOD OR VAGINAL OR SEMINAL OR OTHER BODY FLUIDS OR SECRETIONS OF THE ALLEGED OFFENDER OR THE ALLEGED JUVENILE OFFENDER THE SOLICITOR SHALL MAKE A MOTION AND THE COURT SHALL ORDER THAT THE ALLEGED OFFENDER OR THE ALLEGED JUVENILE OFFENDER SHALL BE TESTED FOR HEPATITIS B AND ALL SEXUALLY TRANSMITTED DISEASES INCLUDING HUMAN IMMUNODEFICIENCY VIRUS (HIV), THE VIRUS THAT CAUSES ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS), AND TO PROVIDE THAT THE RESULTS OF SUCH TESTING BE REVEALED ONLY TO THE VICTIM, THE VICTIM'S PARENT(S) OR LEGAL GUARDIAN(S) OR REPRESENTATIVE OR ATTORNEY UNTIL THE ALLEGED OFFENDER OR ALLEGED JUVENILE OFFENDER IS CONVICTED OR ADJUDICATED.
S. 250 (Word version) -- Senators Leatherman and Hayes: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH
S. 470 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 16-17-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EAVESDROPPING AND PEEPING, SO AS TO PROHIBIT THE USE OF ELECTRONIC VIDEO OR AUDIO EQUIPMENT FOR THE
S. 505 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 16-23-210 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR OFFENSES INVOLVING WEAPONS, SO AS TO CLARIFY THE DEFINITION OF MILITARY FIREARM.
S. 704 (Word version) -- Senators Holland and Grooms: A BILL TO AMEND CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY BY ADDING ARTICLE 5, SO AS TO PROVIDE THAT A FORMER LAW ENFORCEMENT OFFICER OF THE DEPARTMENT OF PUBLIC SAFETY OR ANY AGENCY, OFFICE OR UNIT TRANSFERRED TO THE DEPARTMENT PURSUANT TO GOVERNMENTAL RESTRUCTURING OR THEREAFTER, INCLUDING FORMER OR RETIRED OFFICERS MAY RECEIVE A SPECIAL DEPARTMENT OF PUBLIC SAFETY CONSTABLE COMMISSION; TO PROVIDE THAT THE DIRECTOR SHALL DETERMINE THE POWERS AND DUTIES OF THESE CONSTABLES, INCLUDING TRAINING REQUIREMENTS AND OTHER CRITERIA; TO PROVIDE THAT INDIVIDUALS COMMISSIONED BY THE DEPARTMENT MAY RECEIVE SPECIAL DEPARTMENT OF PUBLIC SAFETY CONSTABLE IDENTIFICATION CARDS; AND TO AMEND SECTION 23-6-145, RELATING TO COMMISSIONED AND UNIFORMED OFFICERS, SO AS TO PROVIDE THAT A COMMISSIONED OR UNIFORMED OFFICER OF THE DEPARTMENT MAY MAKE TRAFFIC STOPS.
S. 746 (Word version) -- Judiciary Committee: A BILL TO AMEND SECTION 7-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF VOTING PRECINCTS, SO AS TO PROVIDE THAT A COUNTY ELECTION COMMISSION MAY ESTABLISH MULTIPLE POLLING PLACES WITHIN A PRECINCT UNDER CERTAIN CONDITIONS AND WITHIN CERTAIN LIMITATIONS.
S. 725 (Word version) -- Senators Holland, Courtney, Glover and Ryberg: A BILL TO AMEND SECTIONS 20-7-420, 20-7-1315 AND 20-7-1440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION OF CHILD SUPPORT, SO AS TO PROVIDE FOR A CENTRALIZED SYSTEM FOR THE COLLECTION OF WAGE WITHHOLDINGS; TO AMEND SECTIONS 20-1-220, 20-3-235, 20-7-853, 20-7-854, 20-7-949, 20-7-957, 20-7-1295, 44-7-77, 44-63-75, 43-5-595, AND 43-5-596, RELATING TO THE USE OF SOCIAL SECURITY NUMBERS IN CHILD SUPPORT ENFORCEMENT AND SUPPORT, SO AS TO PROVIDE FOR THE USE OF ALIEN IDENTIFICATION NUMBERS IN CHILD SUPPORT ENFORCEMENT AND SUPPORT; TO AMEND SECTION 20-7-941, RELATING TO THE MEANINGS OF RELEVANT CHILD SUPPORT TERMS; TO AMEND SECTIONS 20-7-942 AND 20-7-945, RELATING TO THE LICENSE REVOCATION PROGRAM, SO AS TO DECREASE THE TIME FOR REVOCATION FROM NINETY DAYS TO FORTY-FIVE DAYS; TO AMEND SECTION 20-7-1130, RELATING TO ENFORCEMENT OF SUPPORT AND INCOME WITHHOLDING ORDERS, SO AS TO CREATE DISCRETION IN THE USE OF ADMINISTRATIVE PROCEDURES; TO AMEND SECTION 20-7-1295, RELATING TO ADMINISTRATIVE LIENS, SO AS TO PROVIDE THAT LIENS CREATED UNDER THIS SECTION MAY BE MAINTAINED BY THE REGISTER OF DEED'S UNDER ESTABLISHED LOCAL PROCEDURES; TO AMEND SECTION 43-5-585, RELATING TO REPORTING ARREARAGES TO CONSUMER CREDIT REPORTING AGENCIES, SO AS TO PROVIDE FOR REPORTING WHEN ARREARAGE IS EQUAL TO OR GREATER THAN ONE THOUSAND DOLLARS; TO AMEND SECTION 43-5-598, RELATING TO NEW HIRE REPORTING, SO
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senators BRYAN and MOORE proposed the following amendment (PSD7410AC99), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 20-1-220 of the 1976 Code, as last amended by Act 71 of 1997, is further amended to read:
"Section 20-1-220. No marriage license may be issued unless a written application shall have has been filed with the probate judge, or in Darlington and Georgetown Counties counties the clerk of court who issues the license, at least twenty-four hours before its the issuance of the license. The application must be signed by both of the contracting parties and shall contain the same information as required for the issuing of the license including the social security numbers, or the alien identification numbers assigned to resident aliens who do not have social security numbers, of the contracting parties. The license issued, in addition to other things required, shall must show the hour and date of the filing of the application and the hour and date of the issuance of the license. The application must be kept by the probate judge or clerk of court as a permanent record in his office. A probate judge or clerk of court issuing a license contrary to the provisions, upon conviction, must be fined not more than one hundred dollars or not less than twenty-five dollars, or imprisoned for not more than thirty days or not less than ten days."
SECTION 2. Section 20-3-235 of the 1976 Code, as added by Act 71 of 1997, is amended to read:
"Section 20-3-235. A decree of divorce shall set forth the social security numbers, or the alien identification numbers assigned to resident aliens who do not have social security numbers, of the parties in the divorce. Filing the required form with the Department of Health and Environmental Control complies with the requirements of this section."
SECTION 3. Section 20-7-420(21) of the 1976 Code is amended to read:
"(21) to determine the manner in which sums ordered paid for support shall be paid and applied, either to a person through the court,
SECTION 4. Section 20-7-853 of the 1976 Code, as added by Act 71 of 1997, is amended to read:
"Section 20-7-853. An administrative or judicial order which includes a determination of paternity or a provision for child support shall set forth the social security numbers, or the alien identification numbers assigned to resident aliens who do not have social security numbers, of both parents."
SECTION 5. Section 20-7-854(A)(4) of the 1976 Code, as added by Act 74 of 1997, is amended to read:
"(4) social security number or the alien identification number assigned to a resident alien who does not have a social security number;"
SECTION 6. Section 20-7-941(A) of the 1976 Code, as last amended by Act 133 of 1997, is amended to read:
"(A) As used in this part:
(1) 'Arrearage' means the total amount overdue under an order of support.
(2) 'Compliance with an order for support' means that pursuant to an order for support the person required to pay under the order is in arrears no more than an amount equal to two months' support obligation five-hundred dollars and has paid the full child support obligation for the last two consecutive months.
(3) 'Director' means the Director of the Child Support Enforcement Division of the State Department of Social Services or his designee.
(4) 'Division' means the Child Support Enforcement Division of the State Department of Social Services.
(4)(5) 'License' means:
(a) a certificate, license, credential, permit, registration, or any other authorization issued by a licensing entity that allows an individual or is required of an individual to engage in a business, occupation, or profession and includes, but is not limited to, a medical license, teaching certificate, commission and certificate of training from the South Carolina Criminal Justice Academy for a sworn law enforcement officer, and a hunting, fishing, or trapping license for commercial use and the privilege to hunt, fish, or trap or hold a hunting, fishing, or trapping license for commercial use;
(b) a driver's license and includes, but is not limited to, a beginner's or instruction permit, a restricted driver's license, a motorcycle driver's license, or a commercial driver's license;
(c) a hunting, fishing, or trapping license for recreational purposes and the privilege to hunt, fish, or trap or hold a hunting, fishing, or trapping license for recreational purposes;
(d) a watercraft registration.
'License' does not include the authority to practice law; however, the Supreme Court may consider as an additional ground for the discipline of members of the bar the wilful violation of a court order including an order for child support. and the The department has grounds to file a grievance with the Supreme Court if a licensed attorney is in wilful violation of a court order for child support.
(5)(6) 'Licensee' means an individual holding a license issued by a licensing entity.
(6)(7) 'Licensing entity' or 'entity' means, for the purposes of issuing or revoking a license, a state, county, or municipal agency, board, department, office, or commission that issues a license.
(7)(8) 'Order for support' means an order being enforced by the division under Title IV-D of the Social Security Act and which provides for periodic payments of funds for the support of a child or maintenance of a spouse or former spouse and support of a child, whether temporary or final and includes, but is not limited to, an order for reimbursement for public assistance or an order for making periodic payments on a support arrearage."
SECTION 7. Section 20-7-942 of the 1976 Code, as added by Act 102 of 1995, is amended to read:
"Section 20-7-942. If a licensee is out of compliance with an order for support, the licensee's license must be revoked unless within ninety forty-five days of receiving notice that the licensee is out of compliance with the order, the licensee has paid the arrearage owing under the order or has signed a consent agreement with the division establishing a schedule for payment of the arrearage."
SECTION 8. Section 20-7-945(A), (D), (F), and (G) of the 1976 Code are amended to read:
"(A) The division shall review the information received pursuant to Section 20-7-944 and determine if a licensee is out of compliance with an order for support. If a licensee is out of compliance with the order for support, the division shall notify the licensee that ninety forty-five days after the licensee receives the notice of being out of compliance with the order, the licensing entity will be notified to
(D) Upon the division and the licensee reaching an agreement on a schedule for payment of the arrearage, the division director shall submit to the court a consent order containing the payment schedule which upon the court's approval is enforceable as any order of the court. If the court does not approve the consent order, the court may require a hearing on a case-by-case basis for the judicial review of the payment schedule agreement the director shall file an agreement and order pursuant to Section 20-7-9525(A) and (B) with the family court in the county in which the order for support was issued. The clerk shall stamp the date of receipt of the agreement and order and shall file it under the docket number of the order of support. The agreement and order shall have all the force, effect, and remedies of an order of the court including, but not limited to, wage assignment and contempt of court.
(F) The notification given a licensee that the licensee's license will be revoked in ninety forty-five days clearly must state the remedies and procedures available to a licensee under this section.
(G) If at the end of the ninety forty-five days the licensee still has an arrearage owing under the order for support or the licensee has not signed a consent agreement establishing a payment schedule for the arrearage, the division shall notify the licensing entity to revoke the licensee's license. A license only may be reinstated if the division notifies the licensing entity that the licensee no longer has an arrearage or that the licensee has signed a consent agreement."
SECTION 9. Section 20-7-949 of the 1976 Code, as last amended by Act 71 of 1997, is further amended to read:
"Section 20-7-949. An applicant for a license or for renewal of a license shall submit the applicant's social security number, or the alien identification number assigned to a resident alien who does not have a social security number, to the licensing entity which must be recorded on the application."
SECTION 10. Section 20-7-957 of the 1976 Code, as last amended by Act 71 of 1997, is further amended to read:
"Section 20-7-957. Upon a finding that the putative father is the natural father of the child, the court must issue an order designating the putative father as the natural father. The order also shall set forth the social security numbers, or the alien identification numbers assigned to resident aliens who do not have social security numbers, of both
SECTION 11. Section 20-7-1130 of the 1976 Code, as last amended by Act 452 of 1996, is further amended to read:
"Section 20-7-1130. (A) A party seeking to enforce a support order, an income withholding order, or both, issued by a tribunal of another state may send the documents required for registering the order to a support enforcement agency of this State.
(B) On receipt of the documents the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure available to enforce a support order, an income withholding order, or both. If the obligor does not contest administrative enforcement, the support order need not be registered. If the obligor contests the validity or administrative enforcement of the order by asserting a ground for contesting the order recognized by the law of this State, the support enforcement agency shall register the order pursuant to this subarticle."
SECTION 12. Section 20-7-1295(C) of the 1976 Code, as added by Act 71 of 1997, is amended to read:
"(C) The division shall file notice of a lien with respect to real property with the register of deeds for any county in the State where the obligor owns property. The social security number, or the alien identification number assigned to a resident alien who does not have a social security number, of the obligor must be noted on the notice of the lien. The filing operates to perfect a lien when recorded, as to any interest in real property owned by the obligor that is located in the county where the lien is recorded. A special index for liens Liens created under this section must be maintained by the register of deeds of each county of the State, in accordance with established local procedures for recordation. If the obligor subsequently acquires an interest in real property, the lien is perfected upon the recording of the instrument by which the interest is obtained in the register of deeds where the notice of the lien was filed within six years prior thereto. A child support lien is perfected as to real property when both the notice thereof and a deed or other instrument in the name of the obligor are on file in the register of deeds for the county where the obligor owns
SECTION 13. Section 20-7-1315 of the 1976 Code, as last amended by Act 71 of 1997, is further amended to read:
"Section 20-7-1315. (A) As used in this section:
(1) 'Order for support' means any order of a court or an administrative agency of competent jurisdiction which provides for periodic payments of funds for the support of a child or maintenance of a spouse or former spouse and support of a child, whether temporary or final, whether incidental to a proceeding for divorce, separation, separate maintenance, paternity, guardianship, or otherwise and includes any order providing for a modification of support payment of an arrearage or reimbursement of support.
(2) 'Delinquency' means when a support payment owed by an obligor pursuant to an order of support is overdue in an amount equal to at least one month's support obligation.
(3) 'Arrearage' means the total amount of unpaid support obligations.
(4) 'Court' as used in this section means family court.
(5) 'Income' means any periodic form of payment to an individual regardless of source including, but not limited to, wages, salary, commission, bonuses, compensation as an independent contractor, workers' compensation, disability, annuity and retirement benefits, payments made pursuant to a retirement program, interest, and any other payments made by a person or an agency or department of the federal, state, or local government provided the income excludes:
(a) amounts required to by law to be withheld, other than creditor claims, including, but not limited to, federal, state, and local taxes, social security and other retirement deductions, and disability contributions;
(b) amounts exempted by federal law;
(c) public assistance payments.
Any other state or local laws which limit or exempt income or the amount or percentage of income that can be withheld do not apply.
(6) 'Obligor' means an individual who is required to make payments pursuant to order for support.
(7) 'Obligee' means an individual or the individual's assignee who is entitled to receive payments pursuant to an order of support.
(8) 'Payor' means any payor of income to an obligor. For purposes of this section, the South Carolina Employment Security Commission is not considered to be a payor.
(B)(1) For all Title IV-D cases in which support orders are issued or modified after October 31, 1990, and for all nontitle IV-D cases in which support orders are issued or modified after January 3, 1994, the income of an obligor is subject to immediate withholding as of the effective date of the order without the requirement that an arrearage accumulate. However, income is not subject to withholding if:
(a) one of the parties demonstrates and the court finds that there is good cause not to require immediate income withholding; or
(b) a written agreement is reached between both parties which provides for an alternative arrangement.
(2) All orders for support entered or modified in the State before October 1, 1996, if not otherwise subject to wage withholding, are subject to withholding if a delinquency occurs without the need for a judicial or administrative hearing. These orders must be construed to contain this withholding provision even if the provision has been omitted from the written order; however, the court may order withholding to begin immediately for good cause shown. The court is required to make specified written findings to support immediate withholding.
(3) Income withholding must be initiated in all Title IV-D cases upon the request of the obligee without the necessity of a delinquency, if the State approves the request in accordance with the procedures and standards as it may establish. If the obligee requests income withholding pursuant to this subsection, notice of the request must be provided to the obligor by the clerk of court, and if the obligor objects to the income withholding within ten days after the postmarked date of the notice, a hearing must be held, and the family court shall subject the obligor's income to withholding unless the court finds that there is good cause not to require immediate income withholding. Where there is no objection by the obligor after proper notice, the clerk of court shall implement immediate income withholding.
(C)(1) An obligor may petition the court at any time prior to the occurrence of a delinquency seeking an order for income withholding procedures to begin immediately.
(2) Where the obligor makes payments directly to the obligee pursuant to an order for support and where income withholding procedures take effect, the provisions to pay directly are superseded by the withholding process and the obligor and the payor on behalf of the obligor during the period of withholding must pay this support through the court.
(D)(1) If a delinquency occurs, the clerk of court shall prepare, file, and serve on the obligor a verified notice of delinquency within fifteen calendar days of the delinquency if the obligor's address is known or if the address is not known, within fifteen calendar days of locating the obligor. If the obligor makes payments pursuant to an order for support directly to the obligee and the obligee seeks income withholding, the notice of delinquency must be verified by the obligee and then served on the obligor by the clerk of court as with any other notice of delinquency.
(2) The verified notice of delinquency must be served on the obligor by regular mail addressed to the obligor's last known address or place of employment. Upon mailing the notice, the clerk of court shall file a certificate of mailing stating the name and address to which the notice was mailed and the date on which it was mailed. If service cannot be effected as set forth in this subsection, the obligor may be served as prescribed for service in civil actions.
(3) The notice of delinquency shall inform the obligor that a delinquency has occurred and shall recite the monthly support obligations of the obligor pursuant to the order of support, the total amount of the arrearage as of the date of the notice, and the amount of
(E)(1) The obligor may prevent a notice to withhold from being served on the obligor's payor and prevent the recording of the arrearage pursuant to Section 20-7-1316 by filing a petition to stay service with the clerk of court with jurisdiction of the matter within ten days of the date that the notice of delinquency is postmarked; however, the grounds for granting the petition to stay service are limited to a dispute concerning the identity of the obligor or the existence or amount of the arrearage.
(2) Filing of a petition to stay service within the ten days required under this subsection prohibits the clerk of court from serving the notice to withhold on any payor of the obligor and prohibits the recordation of the arrearage.
(3) If a petition to stay service is filed, a hearing on the petition must be held within thirty days of its filing. The obligor, obligee, and Department of Social Services, where appropriate, must be notified by the clerk of court of the date, time, and place of the hearing and the court must decide the matter, notify the obligor, and enter an order granting or denying relief or amending the notice of delinquency within forty-five days of the date the notice of delinquency was mailed to the obligor. If the court finds that a delinquency existed when the notice of delinquency was mailed, the court shall order immediate service of the notice to withhold and the arrearage may be recorded immediately pursuant to Section 20-7-1316. The court shall inform the obligor of the time frame within which withholding is to begin and shall provide the obligor in writing with the information contained in the notice to withhold to be served on the payor with respect to the withholding.
(4) Upon filing an affidavit with the court stating that a petition to stay service was not timely filed because the notice of delinquency was not received and that grounds exist for a petition to stay service as stated in subsection (E)(1), the obligor is permitted to file a petition to withdraw the notice to withhold, terminate the withholding procedures, and remove the judgment created by the recording of the arrearage. Income withholding, however, may not be interrupted unless the court enters an order granting the relief sought by the obligor based on the limited grounds for a petition to stay service.
(F)(1) Fifteen days following the mailing of the notice of the delinquency to the obligor and if no petition to stay service has been filed, the clerk of court shall serve a notice to withhold on the payor or its agent by regular mail and may record the arrearage pursuant to Section 20-7-1316.
(2) The notice to withhold shall:
(a) direct any payor to withhold at the obligor's regularly scheduled pay periods an amount which over the period of one month would constitute one month's support obligation plus applicable fees pursuant to this section and costs as provided by Section 20-7-1440;
(b) direct any payor to withhold an additional amount toward any arrearage until the arrearage is paid in full; however, amounts to be withheld under this item and item (2)(a) may not exceed the limits set forth by the Federal Consumer Credit Protection Act (15 U.S.C. Section 1673(b));
(c) direct any payor to notify the clerk if health insurance is available to the obligor for the benefit of children for whom child support is being withheld;
(d) state the rights, responsibilities, and liabilities of the payor under this section.
(3) The payor shall then deduct the designated amount pursuant to the notice to withhold beginning no later than the next regularly scheduled pay period following the pay period during which the payor was served. Payors need not change their regular payroll pattern and may combine all withheld amounts into one check for a particular clerk of court with an itemized statement showing accounts attributable to each obligor for each obligee. For each instance of withholding of income, the payor is entitled to receive a fee of up to three dollars to be deducted from the income of the obligor in addition to the amounts withheld pursuant to the notice to withhold unless the fee is waived by the payor.
(4) If there is more than one notice to withhold on a single obligor, the payor must comply with the notices by withholding the amounts designated in the notices to the extent possible pursuant to the Federal Consumer Credit Protection Act (15 U.S.C. Section 1673(b)). If the payor cannot fully comply with the notices because the amounts to be withheld would exceed the limits under the Federal Consumer Credit Protection Act, the payor shall notify the court in writing as to its reasons for failing to fully comply. Priority must be given to current support obligations. In no case may the allocation result in a withholding for one of the support obligations not being implemented.
(5) The payor employer shall promptly pay the amount withheld to the clerk of court centralized wage withholding system within ten seven working days of the date income is withheld, in accordance with the notice to withhold and in accordance with any subsequent notification received from the clerk of court concerning withholding. The payor shall provide the date on which the income is withheld.
(6) Upon the records of the clerk of court reflecting the satisfaction of an arrearage, the clerk of court shall serve upon the payor by regular mail a notice of reduction of withholding. This notice shall inform the payor that the arrearage has been satisfied and to discontinue withholding the additional amount as prescribed in item 2(b) of this subsection.
(7) Within twenty days after the obligor is no longer employed by the payor, the payor shall return a copy of the notice to withhold to the clerk of court and shall notify the clerk of court in writing of the date the obligor's employment terminated, the date of the obligor's final paycheck, the obligor's home address, and obligor's new employer and address, if known.
(8) Withholding of income from an obligor under this section has priority over any other legal process under state law against the same wages. Payment pursuant to a notice to withhold is a complete defense by the payor against any claims of the obligor or the obligor's creditors as to the sum paid.
(9) No payor may discharge, refuse to hire, or otherwise penalize any obligor because of the duty to withhold income.
(10) The responsibility of a payor who employs an obligor to withhold support from the pay of the obligor ends when the obligor leaves the employ of the payor. If this termination of employment occurs during the middle of a pay period, the final amount required to be withheld must be proportionately reduced in the same percentage that the time worked has to the time of the full pay period.
(11) If the Division of Child Support of the Department of Social Services is notified by the South Carolina Employment Security Commission in accordance with Section 41-35-140 that an obligor is receiving unemployment insurance benefits, the division must notify the court for the intercept of unemployment insurance benefits if a delinquency occurs and the obligor's case is a Title IV-D case. The intercept of unemployment insurance benefits must be in accordance with Section 41-35-140.
(G)(1) The clerk of court may suspend income withholding because of inability to deliver the income withheld to the obligee due to the
(2) An obligor may petition the court at any time to terminate income withholding pursuant to a notice to withhold:
(a) if there is no longer a current order for support and all arrearages are paid; or
(b) if the obligor requests termination and withholding has not been terminated previously and subsequently reinstated and the obligor meets the conditions for an alternative arrangement.
However, if termination is granted and subsequently a delinquency occurs, the clerk of court shall reinstate withholding procedures by complying with all requirements for notice and service pursuant to this section.
(3) The clerk of court shall serve on the payor by regular mail a copy of any order entered pursuant to this subsection or subsection (E)(4) that affects the duties of the payor. If service cannot be effected as set forth in this subsection, the payor may be served as prescribed for service in civil actions.
(4) The notice to withhold continues to be binding upon the payor until service of any order of the court entered under this subsection or subsection (E)(4) or until notice is served on the payor by the clerk of court that the underlying order is, for other reasons such as expiration of the support obligation, no longer in effect.
(H)(1) An obligee who is receiving income withholding payments under this section shall notify the clerk of court of any change of address within seven days of the change.
(2) An obligee who is a recipient of public aid must send a copy of any notice of delinquency filed pursuant to subsection (D) to the Division of Child Support of the South Carolina Department of Social Services.
(3) An obligor whose income is being withheld or who has been served with a notice of delinquency pursuant to this section shall notify the clerk of court of any new payor and of the availability of health insurance for any children for whom support is ordered within seven days after employment commences.
(4) Upon receiving any other support payment including, but not limited to, a tax offset under federal or state law or any payment toward an arrearage, the Department of Social Services, within the time
(5) Any clerk of court who collects, receives, or disburses payment pursuant to an order for support or a notice to withhold shall maintain complete, accurate, and clear records of all payments and their disbursements. Certified copies of payment records maintained by the clerk of court must without further proof be admitted into evidence in any legal proceedings in which child support is an issue.
(6) The Department of Social Services and the Office of Court Administration shall design suggested legal forms for proceeding under this section and Section 20-7-1316 and shall make available to the courts for distribution to parties in support actions these forms and informational materials which describe the procedures and remedies set forth in this section and Section 20-7-1316.
(I)(1) If a payor wilfully fails to withhold or pay over income pursuant to a notice to withhold, the court upon notice and hearing may enter judgment and direct the issuance of an execution against the payor for the total amount that the payor wilfully failed to withhold. A payor who wilfully refuses to hire or who discharges or otherwise penalizes an obligor as prohibited by subsection (F)(9) or who fails to notify the clerk of the availability of health insurance is subject to a civil fine not to exceed five hundred dollars which may be imposed by the court in its discretion.
(2) If an obligor, obligee, or the Department of Social Services wilfully initiates a false proceeding under this section or wilfully fails to comply with the requirements of this section, punishment for contempt may be imposed.
(J) The rights, remedies, duties, and penalties created by this section are in addition to any other rights, remedies, duties, and penalties otherwise provided by law.
(K) The Office of Court Administration after consultation with the Department of Social Services is authorized to promulgate those regulations necessary to implement this section.
(L) By January 1, 1996, the Child Support Enforcement Division of the Department of Social Services shall create and develop an Employer New Hire Reporting program. The Employer New Hire Reporting program shall provide a means for employers to voluntarily assist in the state's efforts to locate absent parents who owe child support and collect child support from those parents by reporting information concerning newly hired and rehired employees directly to
(1) An employer doing business in this State may participate in the Employer New Hire Reporting program by reporting to the Child Support Enforcement Division:
(a) the hiring of a person who resides or works in this State to whom the employer anticipates paying earnings; or
(b) the rehiring or return to work of an employee who was laid off, furloughed, separated, granted leave without pay, or terminated from employment.
(2) The Employer New Hire Reporting program applies to a person who is expected to:
(a) be employed for more than one month's duration;
(b) be paid for more than three hundred fifty hours during a continuous six-month period; or
(c) have gross earnings of more than three hundred dollars in each month of employment.
(3) An employer who voluntarily reports under item (1) shall submit monthly reports regarding each hiring, rehiring, or return to work of an employee during the preceding month. The report must contain:
(a) the employee's name, address, social security number, date of birth, and salary information; and
(b) the employer's name, address, and employer identification number.
(4) Employers reporting to the Employer New Hire Reporting program shall provide information to the Child Support Enforcement Division by:
(a) sending a copy of the new employee's W-4 form;
(b) completing a form supplied by the Child Support Enforcement Division; or
(c) any other means authorized by the Child Support Enforcement Division for conveying the required information, including electronic transmission or magnetic tapes in compatible formats.
(5) An employer is authorized by this section to disclose the information described in item (3) and is not liable to the employee for the disclosure or subsequent use by the Child Support Enforcement Division of the information.
(6) Information received by the South Carolina Employment Security Commission from employers which includes information
Information received by the South Carolina Employment Security Commission received from employers which includes information contained in the reports provided for in this section shall transmit this information to the Department of Social Services within fifteen working days after the end of each quarter.
(M) The department shall establish and operate a centralized system for the collection and disbursement of funds received from wage withholding under the Child Support Enforcement program. Wage withholding subject to this provision shall include:
(1) all wage withholding cases being enforced by the Child Support Enforcement Division;
(2) all cases not being enforced by the Child Support Enforcement Division in which the support order was initially issued in the State on or after January 1, 1994, and in which the income of the noncustodial parent is subject to withholding.
Child support amounts collected through the centralized wage withholding system are subject to the three percent court cost pursuant to Section 20-7-1440(C), with disposition of all these fees made in accordance with Section 14-1-205. Employers shall make payment of the amount withheld to the centralized system within seven working days of the date income is withheld. The department shall, in compliance with federal requirements, disburse funds received from employers to the appropriate county clerk of court for disbursement to the custodial parent."
SECTION 14. Section 20-7-1440(C) of the 1976 Code, as last amended by Act 393 of 1996, is further amended to read:
"(C) In actions for support for the spouse or dependent children, when paid through the court or through a centralized wage withholding system operated by the Department of Social Services and not directly, the court shall assess costs against the party required to pay the support in the amount of three percent of the support paid, which costs must be in addition to the support money paid."
SECTION 15. Section 43-5-585(A) of the 1976 Code , as last amended by Act 452 of 1996, is further amended to read:
"(A) The department shall provide consumer credit reporting agencies an automated monthly report of obligors in Title IV-D cases who have an arrearage in an amount equal to two months' support obligation of one thousand dollars or greater."
SECTION 16. Section 43-5-595(A) of the 1976 Code is amended to read:
"(A) Pursuant to Section 43-5-590(d), the department shall attempt to locate individuals for the purposes of establishing paternity or establishing, modifying, or enforcing a child support obligation. Notwithstanding any other provision of law making this information confidential, the following entities in the State shall provide promptly to the department, its designee, or a federally-approved child support agency of another state, the following information, upon request by the department or other agency for the purpose of establishing paternity or establishing, modifying, or enforcing a support obligation:
(1) All entities in the State including, but not limited to, for-profit, nonprofit and governmental employers, and labor organizations shall provide the full name, social security number, or the alien identification number assigned to a resident alien who does not have a social security number, date of birth, home address, wages or salary, existing or available medical, hospital, and dental insurance coverage, and number of dependents listed for tax purposes on all employees, contractors, and members of labor organizations.
(2) All utility companies, including wire and nonwire telecommunication companies, cable television companies, and financial institutions shall provide the full name, social security number, or the alien identification number assigned to a resident alien who does not have a social security number, date of birth, home address, telephone number, account numbers, and other identifying data, including information on assets and liabilities, on all persons who maintain an account with that entity. For purposes of this item, a financial institution is defined as a federal, state, commercial, or savings bank, savings and loan association, cooperative bank, federal, or state chartered credit union, benefit association, insurance company, safe deposit company, money market mutual fund, or investment company doing business in this State.
(3) A state or local agency of this State shall provide access to information contained in these records:
(a) vital statistics;
(b) state and local tax and revenue records;
(c) records concerning real and titled property;
(d) records of occupational and professional licenses;
(e) records concerning the ownership and control of corporations, partnerships, and other business entities;
(f) employment security records;
(g) records of motor vehicle departments; and
(h) corrections records.
A state or local agency, board, or commission which provides this information to the department may not charge the department a fee for providing the information; however, a commission that receives federal grants, the use of which are restricted, may charge a fee for providing the information."
SECTION 17. Section 43-5-596(A) and (B) of the 1976 Code, as added by Act 71 of 1997, is amended to read:
"(A) In the manner and form prescribed by the Child Support Enforcement Division, a financial institution, as defined in Section 43-5-595(A)(2), on a quarterly basis, shall provide the division or its designee information on account holders for use in the establishment, enforcement, and collection of child support obligations including, but not limited to:
(1) full name;
(2) social security number or taxpayer identification number, or the alien identification number assigned to a resident alien who does not have a social security number;
(3) record address;
(4) account number(s); and
(5) information on assets and liabilities.
(B) Utilizing automated data exchanges to the maximum extent feasible, a financial institution shall provide for each calendar quarter the name, address, social security number, or the alien identification number assigned to a resident alien who does not have a social security number, and other identifying information for each noncustodial parent who maintains an account at the institution and who owes past-due support, as identified by the division by name and social security number, or the alien identification number assigned to a resident alien who does not have a social security number."
SECTION 18. Section 43-5-598 of the 1976 Code, as last amended by Act 133 of 1997, is further amended to read:
"Section 43-5-598. (A) As used in this section:
(1) 'Business day' means a day on which state offices are open for regular business.
(2) 'Date of hire' means the first day the employee works for which the employee is entitled to compensation from the payor of income.
(3) 'Department' means the Department of Social Services, or its designee.
(4) 'Employer' includes a governmental entity and labor organization and means a person doing business in this State for whom an individual performs a service, of whatever nature, as the employee of the person and except that:
(a) if the person for whom the individual performs services does not have control of the payment of wages for the services, the term 'employer' means the person having control of the payment of wages; and
(b) in the case of a person paying wages on behalf of a nonresident alien, individual, foreign partnership, or foreign corporation, not engaged in trade or business within the United States, the term 'employer' means that person.
(5) 'Labor organization' means an organization in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. Hiring halls, which refer individuals for jobs with employers, are 'labor organizations' to the extent that they exist pursuant to an agreement with an employer engaged primarily in the building and construction industry under Section 8(f)(3) of the National Labor Relations Act.
(6) 'New hire' includes an individual newly employed or an individual who has been rehired or has returned to work after being laid off, furloughed, separated, granted leave without pay, or terminated from employment.
(B) By October 1, 1998, the department shall establish a state directory of new hires which shall contain information supplied in accordance with subsection (C) by employers on each new hire.
(C) Beginning October 1, 1998, an employer who hires an employee who resides or works in this State shall report the hiring of the employee to the state directory of new hires within twenty calendar days of the hiring of the employee. However, in the case of an employer transmitting reports magnetically or electronically, these reports must be transmitted semi-monthly, if necessary, not less than twelve nor more than sixteen days apart. The report submitted shall contain:
(1) the employer's name, address, and federal identification number assigned to the employer under Section 6109 of the Internal Revenue Code of 1986; and
(2) the employee's name, address, and social security number.
(D) For purposes of this section, an employer must not report information on an employee of a federal or state agency performing
(E) An employer that has employees who are employed in two or more states and that transmits reports magnetically or electronically may comply with subsection (C) by designating one state in which the employer has employees to which the employer will transmit the report required by subsection (C) and transmitting the report to that state. An employer that transmits reports pursuant to this subsection shall notify the Secretary of the United States Department of Health and Human Services in writing as to which state the employer designates for the purpose of sending reports.
(F) Each report required by subsection (C) must be made on a W-4 form or, at the option of the employer, an equivalent form and may be transmitted by first-class mail, facsimile, magnetically, or electronically. Magnetic and electronic submissions must be in a format prescribed by the department.
(G) If an employer fails to report the hiring of an employee pursuant to this section, the employer is subject to a civil penalty of no more than:
(1) twenty-five dollars for the second offense and every offense thereafter unless the employer can demonstrate good cause for not reporting the hiring; or
(2) five hundred dollars for each and every offense, if the failure is the result of a conspiracy between the employer and the employee not to supply the required report or to supply a false or incomplete report. Fines imposed pursuant to this subsection must be enforced as provided for in Section 20-7-420(43) and distributed according to Section 20-7-856.
(H) Information must be entered into the database maintained by the state directory of new hires within five business days of receipt from an employer pursuant to subsection (C).
(I) No later than May 1, 1998, the department shall conduct automated comparisons of the social security numbers reported by employers pursuant to subsection (C) and the social security numbers appearing in the records of the State Case Registry created pursuant to Section 43-5-610 for cases being enforced under the federally-approved child support program administered by the department.
(J) When an information comparison conducted under paragraph (I) reveals a match with respect to the social security number of an
(K) Within two business days after the date information regarding a newly hired employee is entered into the state directory of new hires, the department shall transmit a notice to the employer of the employee directing the employer to withhold from the income of the employee an amount equal to the monthly, or other periodic, child support obligation, including any past-due child support obligation, of the employee, unless the employee's income is not subject to withholding pursuant to Section 20-7-1315.
(L) Within three business days after the date information regarding a newly hired employee is entered into the state directory of new hires, the state directory of new hires shall furnish the information to the national directory of new hires.
(M) The state directory of new hires shall include reports received from the Employment Security Commission pursuant to Section 43-5-620. The state directory of new hires shall furnish these reports, on a quarterly basis, to the national directory of new hires by the dates, in the format, and containing the information the Secretary of the United States Department of Health and Human Services specifies in regulations.
(N) Information maintained in the state directory of new hires and national directory of new hires may be utilized for these purposes:
(1) The department shall use information received pursuant to subsection (I) to locate individuals for purposes of establishing paternity and establishing, modifying, and enforcing child support obligations and may disclose this information to a public or private agency that is under contract with the department to carry out these purposes.
(2) The department shall have access to information reported by employers pursuant to subsection (C) for purposes of verifying eligibility for these state administered programs:
(a) Temporary Assistance for Needy Families;
(b) Medicaid under Title XIX of the Social Security Act;
(c) food stamps;
(d) unemployment compensation benefits; and
(e) any state program under a plan approved under Title I, X, XIV, or XVI of the Social Security Act.
(3) The Employment Security Commission shall have access to information reported by employers pursuant to subsection (C) for purposes of administering the employment security program.
(4) The Workers' Compensation Commission or its designee shall have access to information reported by employers pursuant to subsection (C) for purposes of administering the workers' compensation program.
(O) An employer who in good faith discloses information pursuant to this section is not subject to civil or criminal liability on account of the disclosure.
(P) This section remains in effect until the federal mandate requiring a mandatory new hire reporting program is repealed."
SECTION 19. Section 44-7-77 of the 1976 Code, as last amended by Act 71 of 1997, is further amended to read:
"Section 44-7-77. The Department of Health and Environmental Control and the State Department of Social Services, in conjunction with the South Carolina Hospital Association, shall develop and implement a program to promote obtaining voluntary acknowledgments of paternity as soon after birth as possible and where possible before the release of the newborn from the hospital. A voluntary acknowledgment including those obtained through an in-hospital program shall contain the requirements of Section 20-7-956(A)(4) and the social security number, or the alien identification number assigned to a resident alien who does not have a social security number, of both parents, and must be signed by both parents. The signatures must be notarized. As part of its in-hospital voluntary acknowledgment of paternity program, a birthing hospital as part of the birth registration process, shall collect, where ascertainable, information which is or may be necessary for the establishment of the paternity of the child and for the establishment of child support. The information to be collected on the father or on the putative father if paternity has not been established includes, but is not limited to, the name of the father, his date of birth, home address, social security number, or the alien identification number assigned to a resident alien who does not have a social security number, and employer's name, and additionally for the putative father, the names and addresses of the putative father's parents."
SECTION 20. Section 44-63-75 of the 1976 Code, as last amended by Act 71 of 1997, is further amended to read:
"Section 44-63-75. (A) Social security numbers, or the alien identification numbers assigned to resident aliens who do not have
(1) the recordation of birth, death, and divorce;
(2) the application of marriage.
(B) Social security numbers, or the alien identification numbers assigned to resident aliens who do not have social security numbers, must be recorded on birth and death certificates."
SECTION 21. If a provision of this act or the application of a provision of this act to a person or circumstance is held to be invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
SECTION 22. The Department of Social Services shall establish and operate the centralized system, as required by Section 20-7-1315 (M) of the 1976 Code, as contained in Section 13, for the collection and disbursement of wage withholding child support funds from funds appropriated to the Department of Child Support Enforcement operating expenses.
SECTION 23. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend the title to read:
"TO AMEND SECTIONS 20-7-420, AS AMENDED, 20-7-1315, AS AMENDED, AND 20-7-1440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION OF CHILD SUPPORT, SO AS TO PROVIDE FOR A CENTRALIZED SYSTEM FOR THE COLLECTION OF WAGE WITHHOLDING; TO AMEND SECTIONS 20-1-220, AS AMENDED, 20-3-235, 20-7-853, 20-7-854, 20-7-949, AS AMENDED, 20-7-957, AS AMENDED, 20-7-1295, 44-7-77, 44-63-75, AS AMENDED, 43-5-595, AND 43-5-596, RELATING TO THE USE OF SOCIAL SECURITY NUMBERS IN CHILD SUPPORT ENFORCEMENT, AND TO PROVIDE THAT LIENS CREATED UNDER SECTION 20-7-1295 MAY BE MAINTAINED BY THE REGISTER OF DEEDS UNDER LOCAL PROCEDURES SO AS TO PROVIDE FOR THE USE OF ALIEN IDENTIFICATION NUMBERS IN CHILD SUPPORT ENFORCEMENT; TO AMEND SECTION 20-7-941, RELATING TO THE MEANINGS OF RELEVANT CHILD SUPPORT TERMS, SO AS TO REDEFINE "COMPLIANCE WITH AN ORDER OF SUPPORT" AND "LICENSING ENTITY" AND TO PROVIDE A
Senator BRYAN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
The following Bills, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:
S. 226 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO REQUIRE THE AREA SEEKING TO BE INCORPORATED TO BE CONTIGUOUS, AND PROVIDE THAT CONTIGUITY IS NOT DESTROYED BY AN INTERVENING NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND WHETHER OR NOT IT HAS BEEN PREVIOUSLY INCORPORATED OR ANNEXED, AND PROVIDE THAT THE NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND DOES NOT PRECLUDE IT FROM BEING USED BY ANOTHER
Senator BRYAN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
On motion of Senator BRYAN, with unanimous consent, the Bill was given a second reading with notice of general amendments, carrying over all amendments to third reading.
There was no objection.
S. 757 (Word version) -- Senator Elliott: A BILL TO AMEND TITLE 27 OF THE CODE OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AN CONVEYANCES, BY ADDING CHAPTER 42, SO AS TO ENACT "THE SOUTH CAROLINA VACATION RENTAL ACT" TO PROVIDE APPROPRIATE REGULATORY GUIDELINES FOR PERSONS AND BUSINESSES ENGAGED IN THE RENTING OR MANAGING OF RESIDENTIAL PROPERTIES FOR VACATION PURPOSES.
S. 284 (Word version) -- Senators Holland, McConnell, Fair and Giese: A BILL TO AMEND SECTION 44-48-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEXUALLY VIOLENT PREDATORS, SO AS TO PROVIDE THAT THE AGENCY WITH JURISDICTION SHALL GIVE WRITTEN NOTICE TO THE MULTIDISCIPLINARY TEAM AND THE ATTORNEY GENERAL'S OFFICE AT LEAST ONE HUNDRED AND EIGHTY DAYS PRIOR TO THE PERSON'S ANTICIPATED RELEASE DATE; TO FURTHER PROVIDE THAT FOR A PERSON UNDER THE JURISIDICTION OF THE DEPARMENT OF JUVENILE JUSTICE WHO IS INDEFINITELY TRANSFERRED TO THE DEPARTMENT OF MENTAL HEALTH FOR THE TREATMENT OF A SERIOUS EMOTIONAL DISTURBANCE, NOTICE SHALL BE PROVIDED AT LEAST ONE HUNDRED EIGHTY DAYS BEFORE THE JUVENILE'S ANTICIPATED RELEASE DATE; TO
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator MOORE proposed the following amendment (284TLM.004), which was adopted:
Amend the Committee Report, as and if amended, page 1, by striking lines 39 through 42 in their entirety and inserting in lieu thereof the following:
/ (e) been adjudicated delinquent as a result of the commission of a sexually violent offense and a family court judge orders, at the time of sentencing or prior to their release from the custody of the Department of Juvenile Justice, that the individual be subject to proceedings under this act. A family court judge must make this determination for all juveniles adjudicated delinquent of a sexually violent offense and committed to the Department of Juvenile Justice prior to their release from confinement. /
Amend the Committee Report, as and if amended, page 2, by striking lines 12 through 21 in their entirety, and inserting in lieu thereof the following:
/ (10) 'Person' means an individual who is a potential or actual subject of proceedings under this act. Person does not include an individual who was under seventeen years of age at the time of the offense unless: the individual was convicted of or pled guilty or nolo contendere to a sexually violent offense in the court of General Sessions or the individual was adjudicated delinquent for a sexually violent offense and a family court judge has ordered, at the time of sentencing, or prior to their release from the custody of the Department of Juvenile Justice, that the individual be subject to proceedings under this act. /
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
The Committee on Judiciary proposed the following amendment (JUD0284.005), 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 44-48-30(6), (8), and (10) of the 1976 Code, as added by Act 321 of 1998, is further amended to read:
"(6) 'Convicted of a sexually violent offense' means a person has:
(a) pled guilty to, pled nolo contendere to, or been convicted of a sexually violent offense;
(b) been adjudicated delinquent as a result of the commission of;
(c) been charged but determined to be incompetent to stand trial for a sexually violent offense;
(d)(c) been found not guilty by reason of insanity of a sexually violent offense; or
(e)(d) been found guilty but mentally ill of a sexually violent offense.; or
(e) been adjudicated delinquent as a result of the commission of a sexually violent offense and the family court judge ordered, at the time of sentencing, that the individual be subject to proceedings under this act.
(8) 'Total confinement' means incarceration in a secure state or local correctional facility and does not mean any type of community supervision. A secure correctional facility includes a staff secure residential facility or program operated by the State or a facility or program providing services pursuant to a contract with the State. Staff secure residential facilities and programs include those within the Department of Juvenile Justice and facilities and programs within agencies to which a juvenile may be transferred pursuant to Section 20-7-7815. The inclusion of staff secure residential facilities is applicable only when the Board of Juvenile Parole is the releasing authority of the juvenile.
(10) 'Person' means an individual who is a potential or actual subject of proceedings under this act and includes a child under seventeen years of age. Person does not include an individual who was under seventeen years of age at the time of the offense unless: the individual was convicted of or pled guilty or nolo contendere to a sexually violent offense in the court of General Sessions or the individual was adjudicated delinquent for a sexually violent offense and the family court judge ordered, at the time of sentencing, that the individual be subject to proceedings under this act."
SECTION 2. Section 44-48-40 of the 1976 Code is amended to read:
"Section 44-48-40. (A) When a person has been convicted of a sexually violent offense, the agency with jurisdiction shall give written notice to the multidisciplinary team established in Section 44-48-50 and the Attorney General at least ninety days one hundred eighty days before:
(1) the anticipated release from total confinement of a person who has been convicted of a sexually violent offense, except that in the case of a person who is returned to prison for no more than ninety days as a result of a revocation of any type of community supervision program, written notice must be given as soon as practicable following the person's readmission to prison;
(2) the anticipated hearing on fitness to stand trial following notice under Section 44-23-460 of a person who has been charged with a sexually violent offense but who was found unfit to stand trial for the reasons set forth in Section 44-23-410 following a hearing held pursuant to Section 44-23-430;
(3) the anticipated hearing pursuant to Section 17-24-40(C) of a person who has been found not guilty by reason of insanity of a sexually violent offense; or
(4) release of a person who has been found guilty of a sexually violent offense but mentally ill pursuant to Section 17-24-20.
(B) The written notice to the Attorney General and the multidisciplinary team, provided for in subsection (A), is not required when the Department of Juvenile Justice transfers a juvenile pursuant to Section 20-7-7815 to the custody of another state agency to treat the juvenile for a mental illness or developmental disability, and the Board of Juvenile Parole is the releasing authority of the juvenile.
(C) When a person has been convicted of a sexually violent offense and the Board of Probation, Parole, and Pardon Services or the Board of Juvenile Parole intends to grant the person a parole or the South Carolina Department of Corrections or the Board of Juvenile Parole intends to grant the person a conditional release, the parole or the conditional release shall be granted to be effective ninety days after the date of the order of parole or conditional release. The Board of Probation, Parole, and Pardon Services, the Juvenile Parole Board, or the South Carolina Department of Corrections shall immediately send notice of the parole or conditional release of the person to the multidisciplinary team and the Attorney General. If the person is determined to be a sexually violent predator pursuant to this chapter, the person shall be subject to the provisions of this chapter even though the person has been released on parole or conditional release.
(D) The agency with jurisdiction shall inform the multidisciplinary team and the Attorney General of:
(1) the person's name, identifying factors, anticipated future residence, and offense history; and
(2) documentation of institutional adjustment and any treatment received.
(E) The provisions of this section are not jurisdictional, and failure to comply with them does not prevent the Attorney General from proceeding against a person otherwise subject to the provisions of this act.
(F) The agency with jurisdiction, its employees, its officials, individuals contracting, appointed, or volunteering to perform services under this chapter, the multidisciplinary team, and the prosecutor's review committee established in Section 44-48-60 are immune from civil or criminal liability for any good faith conduct under this act."
SECTION 3. Section 44-48-50 of the 1976 Code is amended to read:
"Section 44-48-50. (A) The Director of the Department of Corrections shall appoint a multidisciplinary team to review the records
(1) a representative from the Department of Corrections;
(2) a representative from the Department of Probation, Parole, and Pardon Services;
(3) a representative from the Department of Mental Health who is a trained, qualified mental health clinician with expertise in treating sexually violent offenders;
(4) a retired judge appointed by the Chief Justice who is eligible for continued judicial service pursuant to Section 2-19-100; and
(5) the Chief Attorney of the Office of Appellate Defense or his designee.
(6)
Membership of the team to review a person adjudicated delinquent for a sexually violent offense shall include, in addition to the members listed above, a representative from the Department of Juvenile Justice and a trained, qualified mental health clinician with expertise in treating sexually violent juvenile offenders.
The Director of the Department of Corrections or his designee shall be the chairman of the team.
(B) The provisions of this section are not jurisdictional, and failure to comply with them does not prevent the Attorney General from proceeding against a person otherwise subject to the provisions of this act."
SECTION 4. Section 44-48-60 of the 1976 Code is amended to read:
"Section 44-48-60. (A) The Attorney General shall appoint a prosecutor's review committee to review the report and records of each person referred to the committee by the multidisciplinary team. The prosecutor's review committee shall determine whether or not probable cause exists to believe the person is a sexually violent predator. The prosecutor's review committee shall make the probable cause determination within thirty days of receiving the report and records from the multidisciplinary team. The prosecutor's review committee shall include, but not be limited to, a member of the staff of the Attorney General, an elected circuit solicitor, and a victim's representative. The Attorney General or his designee shall be the chairman of the committee. In addition to the records and reports considered pursuant to Section 44-48-50, the committee shall also consider information provided by the circuit solicitor who prosecuted the person.
(B) The provisions of this section are not jurisdictional, and failure to comply with them does not prevent the Attorney General from proceeding against a person otherwise subject to the provisions of this act."
SECTION 5. Section 44-48-70 of the 1976 Code is amended to read:
"Section 44-48-70. (A) When the prosecutor's review committee has determined that probable cause exists to support the allegation that the person is a sexually violent predator, the Attorney General may file a petition with the court in the jurisdiction where the person committed the offense. The petition, which must be filed within thirty forty-five days of the probable cause determination by the prosecutor's review committee, shall request that the court make a probable cause determination as to whether the person is a sexually violent predator. The petition must allege that the person is a sexually violent predator and must state sufficient facts that would support a probable cause allegation. The State of South Carolina, or a person or entity acting on behalf of the State of South Carolina, is not required to pay filing fees in proceedings brought under Chapter 48 of Title 44.
(B) The provisions of this section are not jurisdictional, and failure to comply with them does not prevent the Attorney General from proceeding against a person otherwise subject to the provisions of this act."
SECTION 6. Section 44-48-80 of the 1976 Code is amended to read:
"Section 44-48-80. (A) Upon filing of a petition, the court shall determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator. If the court determines that probable cause exists to believe that the person is a sexually violent predator, the person must be taken into custody if he is not already confined in a secure facility.
(B) Immediately upon being taken into custody pursuant to subsection (A), the person must be provided with notice of the opportunity to appear in person at a hearing to contest probable cause as to whether the detained person is a sexually violent predator. This hearing must be held within seventy-two hours after a person is taken into custody pursuant to subsection (A). If the person is already confined in a secure facility, the hearing must be held no later than seventy-two hours after the person's release date. At this hearing the court shall:
(1) verify the detainee's identity;
(2) receive evidence and hear argument from the person and the Attorney General; and
(3) determine whether probable cause exists to believe that the person is a sexually violent predator.
The State may rely upon the petition and supplement the petition with additional documentary evidence or live testimony. In making its showing of probable cause, the State may use hearsay evidence.
(C) At the probable cause hearing as provided in subsection (B), the detained person has the following rights in addition to any rights previously specified:
(1) to be represented by counsel;
(2) to present evidence on the person's behalf;
(3) to cross-examine witnesses who testify against the person; and
(4) to view and copy all petitions and reports in the court file.
(D) If the probable cause determination is made, the court shall direct that the person be transferred to an appropriate secure facility including, but not limited to, a local or regional detention facility for an evaluation as to whether the person is a sexually violent predator. The
SECTION 7. Section 44-48-90 of the 1976 Code is amended to read:
"Section 44-48-90. Within sixty days after the completion of a hearing held pursuant to Section 44-48-80, the court shall conduct a trial to determine whether the person is a sexually violent predator. Within thirty days after the determination of probable cause by the court pursuant to Section 44-48-80, the person or the Attorney General may request, in writing, that the trial be before a jury. If such a request is made, the court shall schedule a trial before a jury at the next available date in the court of common pleas in the county where the offense was committed. If no request is made, the trial must be before a judge in the county where the offense was committed. The trial may be continued upon the request of either party and a showing of good cause, or by the court on its own motion in the due administration of justice, and only if the respondent will not be substantially prejudiced. Prior to trial, the parties should exchange information and documents promptly and willingly. However, formal depositions or discovery may be conducted by stipulation of the parties or by court order if a written application is presented to the court. The court order may prescribe the manner, time, conditions, and restrictions of the deposition or discovery.
At all stages of the proceedings under this chapter, a person subject to this chapter is entitled to the assistance of counsel; and, if the person is indigent, the court shall appoint counsel to assist the person. If a person is subjected to an examination under this chapter, the person may retain a qualified expert of his own choosing to perform the examination. All examiners are permitted to have reasonable access to the person for the purpose of the examination, as well as access to all relevant medical, psychological, criminal offense, and disciplinary records and reports. In the case of an indigent person who would like an expert of his own choosing, the court shall determine whether the services are necessary. If the court determines that the services are necessary and the expert's requested compensation for the services is reasonable, the court shall assist the person in obtaining the expert to perform an examination or participate in the trial on the person's behalf. The court shall approve payment for the services upon the filing of a certified claim for compensation supported by a written statement specifying the time expended, services rendered, expenses
SECTION 8. The 1976 Code is amended by adding:
"Section 44-48-180. A person committed as a sexually violent predator pursuant to this chapter who has not yet been released pursuant to Sections 44-48-110, 44-48-120, or 44-48-130 and who is subsequently convicted of an offense which results in incarceration shall, upon serving such sentence, be returned to the appropriate facility for the treatment of sexually violent predators without additional proceedings being brought pursuant to this chapter."
SECTION 9. Section 20-7-7815 of the 1976 Code, as last amended by Act 135 of 1997, is further amended to read:
"Section 20-7-7815. (A) No juvenile may be committed to an institution under the control of the Department of Juvenile Justice who is seriously handicapped by mental illness or retardation. If, after a juvenile is referred to the Reception and Evaluation Center, it is determined that the juvenile is mentally ill, as defined in Section 44-23-10, or mentally retarded to an extent that the juvenile could not be properly cared for in its custody, the department through the voluntary admission process or by instituting necessary legal action may accomplish the transfer of the juvenile to another state agency which in its judgment is best qualified to care for the juvenile in accordance with the laws of this State. This legal action must be brought in the juvenile's resident county. The department shall establish standards with regard to the physical and mental health of juveniles whom it can accept for commitment.
(B) When the state agency to which a juvenile is transferred determines that it is appropriate to release from commitment that juvenile, the state agency must submit a request for release to the Juvenile Parole Board. If the Juvenile Parole Board does not grant the request to release the juvenile, the juvenile must be placed in an environment consistent with the provisions of this section.
(C) The director or his designee of a State agency to which a juvenile is transferred, pursuant to this section, is authorized to request state or local law enforcement to take a juvenile into custody and return the juvenile to the facility designated by the agency, if the juvenile is absent from placement without proper authorization. A warrant or court order is not required before the juvenile is taken into custody and returned to the appropriate facility."
SECTION 10. This act takes effect upon approval by the Governor./
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 with notice of general amendments.
The following Bills and Joint Resolution, having been read the second time, were ordered placed on the third reading Calendar:
S. 695 (Word version) -- Senators Holland and Wilson: A BILL TO AMEND SECTION 7-15-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME OF APPLICATION FOR AN ABSENTEE BALLOT, SO AS TO PROVIDE THAT ANY FORM FOR REQUESTING AN APPLICATION FOR AN ABSENTEE BALLOT MUST BE APPROVED BY THE STATE ELECTION COMMISSION PRIOR TO USE; AND TO FURTHER PROVIDE THAT A PERSON WHO REPRESENTS HIMSELF AS AN AUTHORIZED REPRESENTATIVE FOR A QUALIFIED ELECTOR AND WHO SIGNS AN OATH IN VIOLATION OF SECTION 7-25-190 IS SUBJECT TO THE PENALTIES FOR THAT OFFENSE; TO AMEND THE CODE BY ADDING SECTION 7-15-335, SO AS TO PROVIDE THAT BEFORE EACH ELECTION, THE COUNTY BOARD OF REGISTRATION OR ITS DESIGNEE SHALL OFFER QUALIFIED RESIDENTS OF NURSING HOMES AND ASSISTED LIVING FACILITIES THE OPPORTUNITY TO APPLY FOR ABSENTEE BALLOTS.
Senator MATTHEWS asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
S. 758 (Word version) -- Senators Patterson, Courson, Giese and Jackson: A BILL TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN RICHLAND
On motion of Senator GIESE, with unanimous consent, S. 758 was ordered to receive a third reading on Wednesday, April 28, 1999.
H. 3939 (Word version) -- Reps. D. Smith and Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON AUGUST 20 AND 21, 1998, BY THE STUDENTS OF CANNONS ELEMENTARY SCHOOL IN SPARTANBURG SCHOOL DISTRICT THREE FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOL WAS CLOSED DUE TO CONSTRUCTION DEFICIENCIES IN A NEW FACILITY ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
S. 721 (Word version) -- Senator Saleeby: A BILL TO AMEND SECTION 42-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER OF FUNDING THE SECOND INJURY FUND UNDER THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE FOR THE MANNER OF ASSESSING SELF-INSUREDS AND INSURANCE CARRIERS.
S. 716 (Word version) -- Senator Leatherman: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF JUNE OF EACH YEAR AS OBESITY AWARENESS MONTH IN SOUTH CAROLINA.
Senator LEATHERMAN spoke on the Concurrent Resolution.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 717 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION TO DECLARE MAY, 1999, AS STROKE AWARENESS MONTH IN SOUTH CAROLINA AND TO URGE ALL CITIZENS TO EDUCATE THEMSELVES REGARDING THE RISK FACTORS FOR STROKE AND HEART DISEASE AND TO RECOGNIZE THE SIGNS AND SYMPTOMS OF THESE CONDITIONS.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 3899 (Word version) -- Reps. J. Brown, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO DECLARE MAY, 1999, AS STROKE AWARENESS MONTH IN SOUTH CAROLINA AND TO URGE ALL CITIZENS TO EDUCATE THEMSELVES REGARDING THE RISK FACTORS FOR STROKE AND HEART DISEASE AND TO RECOGNIZE THE SIGNS AND SYMPTOMS OF THESE CONDITIONS.
The Concurrent Resolution was adopted, ordered returned to the House.
S. 206 (Word version) -- Senators J. Verne Smith, Elliott, Hayes, Leventis, McGill, Waldrep, Washington, Fair, Reese, Alexander, Leatherman, Martin, Grooms, Branton, Giese and Russell: A BILL TO AMEND SECTION 61-2-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE TO PROMULGATE REGULATIONS, SO AS TO REQUIRE THE PROMULGATION OF REGULATIONS CONCERNING THE SALE OF ALCOHOLIC BEVERAGES TO MINORS OVER THE INTERNET; TO AMEND SECTION 61-2-175, RELATING TO A FOREIGN ENTITY INTENTIONALLY SHIPPING BEER, WINE, OR ALCOHOLIC LIQUORS DIRECTLY TO A RESIDENT NOT HOLDING A VALID STATE LICENSE, SO
On motion of Senator RYBERG, with unanimous consent, the Bill was carried over.
S. 139 (Word version) -- Senators Peeler, Giese, Leventis, Russell and Reese: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 32 SO AS TO ESTABLISH REQUIREMENTS AND
On motion of Senator PEELER, with unanimous consent, the Bill was carried over.
H. 3082 (Word version) -- Reps. Townsend, Walker, Delleney, J. Brown, Stuart, Harrison, Allison, J. Hines, Edge, Robinson, Rodgers, Cato, Wilkins, Sandifer, Moody-Lawrence, Lourie, J. Smith, F. Smith, Rutherford, Maddox, Allen, Ott, Harvin, Kennedy, Jennings, Bales, Hayes, W. McLeod, Simrill, Knotts and Webb: A BILL TO AMEND CHAPTER 63 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUPILS, BY ADDING ARTICLE 13 SO AS TO PROVIDE THE CONDITIONS, REQUIREMENTS, AND PROCEDURES UNDER WHICH LOCAL SCHOOL BOARDS OF TRUSTEES BEGINNING WITH SCHOOL YEAR 1999-2000 SHALL ESTABLISH AND OPERATE A PROGRAM OF ALTERNATIVE SCHOOLS FOR CERTAIN STUDENTS IN THEIR DISTRICTS, TO PERMIT THESE ALTERNATIVE SCHOOL PROGRAMS TO BE OPERATED EITHER INDIVIDUALLY OR AS A COOPERATIVE AGREEMENT WITH OTHER SCHOOL DISTRICTS, AND TO PROVIDE FOR THE MANNER IN WHICH THESE ALTERNATIVE SCHOOLS SHALL BE FUNDED.
On motion of Senator ANDERSON, with unanimous consent, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
H. 3002 (Word version) -- Reps. Wilkins, Hawkins, Altman, J. Brown, Loftis, Leach, Kelley, Harvin, Walker, D. Smith, Campsen, Stille, Davenport, Rice, Barrett, Cotty, Lanford, Wilder, Sharpe, Delleney, Littlejohn, Tripp, Witherspoon, Harris, Carnell, Kirsh, Vaughn, Webb, McKay, Riser, Sandifer, Cato, Simrill, Allison, Harrison, Barfield, McGee, Meacham, Hamilton, Koon, Fleming, Martin, Mason, Gilham, Emory, McCraw, Edge, Robinson and W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
The Senate proceeded to a consideration of the Bill. The question being the adoption of the Amendment P-1 (3002R008.ELP) proposed by Senators PASSAILAIGUE, LAND and McCONNELL and previously printed in the Journal of April 13, 1999.
By prior motion of Senator MOORE, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading. By prior motion of Senator MOORE, with unanimous consent, the Bill remained in the status of Interrupted Debate.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 661 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND TITLE 37 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE CONSUMER PROTECTION CODE, BY ADDING CHAPTER 17, "SOUTH CAROLINA TITLE LENDERS ACT", WHICH ESTABLISHES A LICENSURE AND REGULATION FRAMEWORK FOR TITLE LENDERS.
Senator SHORT asked unanimous consent to make a motion that the Bill be made a Special Order.
Senator THOMAS objected.
Senator SHORT moved that the Bill be made a Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Bryan Cork Courson Courtney Drummond Ford
Glover Gregory Grooms Hayes Holland Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Ravenel Reese Ryberg Saleeby Short Smith, J. Verne Wilson
Bauer Fair Giese Russell Thomas
The Bill was made a Special Order.
S. 544 (Word version) -- Senators Hayes, J. Verne Smith, Alexander, Moore, Drummond, Ravenel, Setzler, Branton, Courson, Fair, Giese, Gregory, Grooms, Jackson, Thomas, Martin, McGill, Mescher, O'Dell, Peeler, Russell, Ryberg, Waldrep, Wilson and Leatherman: A BILL TO AMEND SECTION 56-5-2930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A MOTOR VEHICLE WITH AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE, AND BY AMENDING SECTION 56-5-2950, AS AMENDED, RELATING TO A DRIVER'S IMPLIED CONSENT TO BE TESTED FOR ALCOHOL OR DRUGS, SO AS TO PROVIDE THAT A PERSON WHO HAS AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE IS CONCLUSIVELY PRESUMED TO HAVE AN ILLEGAL ALCOHOL CONCENTRATION.
Senator HAYES moved that the Bill be made a Special Order.
Senator McCONNELL raised a Point of Order that the motion was out of order under the provisions of Rule 33B inasmuch as the Bill had not been on the Calendar for a minimum of six statewide legislative days.
The PRESIDENT sustained the Point of Order.
S. 561 (Word version) -- 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.
Senator MOORE asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.
There was no objection.
The Bill was recalled and, on motion of Senator MOORE, with unanimous consent, was ordered placed on the Calendar.
There was no objection.
S. 12 (Word version) -- Senators Leventis, Hutto, Glover, Washington and Short: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE, BY ADDING CHAPTER 53 SO AS TO ENACT THE "FARM AND FOREST LANDS PROTECTION ACT" WHICH ESTABLISHES STATE AND COUNTY PRIORITY AGRICULTURAL LAND BOARDS, WHICH PROVIDES FOR THEIR POWERS AND DUTIES, WHICH ESTABLISHES CRITERIA AND PROCEDURES FOR CREATING PRIORITY AGRICULTURAL LAND AREAS AND FOR THE PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS FOR LAND WITHIN THE PRIORITY AREA, WHICH CREATES THE PRIORITY AGRICULTURAL LAND TRUST FUND TO DISBURSE FUNDS FOR THE PURCHASE OF CONSERVATION EASEMENTS, WHICH REQUIRES THE PERIODIC REVIEW OF ALL PRIORITY AGRICULTURAL LAND AREAS, AND WHICH RESTRICTS SOME LOCAL GOVERNMENT ACTIONS WITH REGARD TO PRIORITY AREAS.
Senator LEVENTIS moved that the Bill be made a Special Order.
The Bill was made a Special Order.
S. 739 (Word version) -- Senators McGill and Elliott: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE, BY ADDING CHAPTER 30, ARTICLE 3 SO AS TO ESTABLISH THE SOUTH CAROLINA TOBACCO COMMUNITY DEVELOPMENT BOARD, AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES RELATING TO THE ALLOCATION OF PRIVATE TRUST FUNDS AMONG TOBACCO GROWERS AND TOBACCO QUOTA HOLDERS; TO AMEND SECTION 1-23-10, RELATING TO THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO EXEMPT THE BOARD FROM ITS SCOPE; TO AMEND SECTION 8-13-770, AS AMENDED, RELATING TO THE PROHIBITION AGAINST LEGISLATIVE MEMBERS SERVING ON STATE BOARDS AND COMMISSIONS, SO AS TO INCLUDE THE TOBACCO COMMUNITY DEVELOPMENT BOARD AS AN EXCEPTION TO THIS PROHIBITION, AND TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO THE EXCEPTIONS TO THE WAIVER OF IMMUNITY UNDER THE TORT CLAIMS ACT, SO AS TO ADD AS AN EXCEPTION THE ACTIONS OF THE TOBACCO COMMUNITY DEVELOPMENT BOARD.
Senator LEVENTIS asked unanimous consent to make a motion to recall the Bill from the Committee on Agriculture and Natural Resources.
Senator THOMAS objected.
On motion of Senator DRUMMOND, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATES.
S. 11 (Word version) -- Senators Drummond, Elliott, Leventis, Rankin, Reese and Short: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIOS AND
The Senate proceeded to a consideration of the Joint Resolution. The question being the third reading of the Joint Resolution.
On motion of Senator MOORE, with unanimous consent, the Joint Resolution was carried over, with Senator PASSAILAIGUE retaining the floor.
S. 3 (Word version) -- Senators Rankin, Elliott, Moore, Drummond, Holland, Saleeby, J. Verne Smith, Land, Setzler, Leventis, Bryan, Matthews, Patterson, McGill, O'Dell, Passailaigue, Washington, Reese, Ford, Glover, Jackson, Lander, Short, Hutto, Anderson, Elliott, Ryberg, Giese, Wilson, Fair, Hayes, Leatherman and Russell: A BILL TO AMEND CHAPTER 19, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES, BY ADDING SECTION 16-19-180 SO AS TO PROHIBIT THE OPERATION OF CASINO GAMBLING ON BOATS, SHIPS, OR OTHER WATERCRAFT WHICH EMBARK, SAIL, AND DISEMBARK WITHIN SOUTH CAROLINA'S BORDERS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (JUD0003.005) proposed by Senators RYBERG and BRYAN and previously printed in the Journal of Thursday, March 25, 1999.
On motion of Senator MOORE, with unanimous consent, the Bill was carried over, with Senator McCONNELL retaining the floor.
THE SENATE PROCEEDED TO THE SPECIAL ORDER.
H. 3276 (Word version) -- Reps. Wilkins, Cato, Bailey, Barrett, Battle, G. Brown, H. Brown, Carnell, Cobb-Hunter, Easterday, Gamble, Harrell, Harrison, Jennings, Keegan, Kelley, Kirsh, Klauber, Mason, McGee, McKay, Quinn, Sandifer, Sharpe, D. Smith, R. Smith, Tripp, Young-Brickell, Leach, Whatley, Meacham, Law, Seithel, Woodrum, Trotter, Fleming, Chellis, Walker, Loftis, Altman, Riser, Stille, Rodgers, Rice, Bauer, Beck, Edge, Dantzler, Maddox, Cooper, Lanford, Martin, Hamilton, Campsen, Phillips, Lee, Gilham, Robinson and Simrill: A BILL TO AMEND CHAPTER 9 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES, BY ADDING ARTICLE 20 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AMOUNTS MAY BE CHARGED BY MUNICIPALITIES TO TELECOMMUNICATIONS COMPANIES FOR THE USE OF THE PUBLIC RIGHTS-OF-WAY AND FOR BUSINESS LICENSE TAXES IN ORDER TO ENSURE THAT SUCH CHARGES ARE IMPOSED ON A COMPETITIVELY NEUTRAL AND NONDISCRIMINATORY BASIS, TO LIMIT OR RESTRICT THE IMPOSITION OF CERTAIN OTHER FEES AND TAXES ON TELECOMMUNICATIONS COMPANIES BY MUNICIPALITIES; AND TO PROVIDE FOR RELATED PROCEDURAL AND OTHER MATTERS.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator MOORE spoke on the Bill.
Senator FORD spoke on the Bill.
On motion of Senator MOORE, the Bill was carried over.
At 2:08 P.M., on motion of Senator DRUMMOND, the Senate receded from business pending the ratification of Acts, and after the
The House declined the invitation for the Ratification of Acts.
Having received a favorable report from the Chester County Delegation, the following appointments were confirmed in open session:
Reappointment, Chester County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Dianne Hitt Moore, 119 Foote Street, Chester, S.C. 29706
Reappointment, Chester County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Benjamin T. Murdock, 722 Murdock Road, Richburg, S.C. 29729
Having received a favorable report from the Clarendon County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Clarendon County Board of Voter Registration, with term to expire March 15, 2000:
At-Large:
Julia M. Holliday, 111 Richard Street, Manning, S.C. 29102 VICE Jewell M. Ellerby
Having received a favorable report from the Laurens County Delegation, the following appointments were confirmed in open session:
Reappointment, Laurens County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
James A. Davis, Route 1, Box 40, Waterloo, S.C. 29384
Reappointment, Laurens County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Oscar L. Tribble, 254 Lawson Road, Laurens, S.C. 29360
Reappointment, Laurens County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Glynda L. Tucker, P. O. Box 438, Gray Court, S.C. 29645
Having received a favorable report from the Marion County Delegation, the following appointment was confirmed in open session:
Reappointment, Marion County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Levone Graves, 529 Faulk Road, Marion, S.C. 29571
Having received a favorable report from the Richland County Delegation, the following appointments were confirmed in open session:
Reappointment, Richland County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Golie S. Augustus, 1640 Steadfast Street, Columbia, S.C. 29203
Reappointment, Richland County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Harold A. Cuff, 2517 Marathon Drive, Columbia, S.C. 29209
Reappointment, Richland County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Clevette LaVonne Hudnell, 6904 Gavilan Ave., Columbia, S.C. 29203
Reappointment, Richland County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Samuel Peay, 954 Campanella Circle, Columbia, S.C. 29203
Reappointment, Richland County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
James K. Redding, 308 Stonegate Drive, Columbia, S.C. 29223-6412
Reappointment, Richland County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
William T. Smith, 6605 Arcadia Woods Road, Columbia, S.C. 29206
On motion of Senator J. VERNE SMITH, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Billy Duncan of Sanford, Florida, beloved father of Debra Duncan, budget analyst with the Budget and Control Board.
At 3:08 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.
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