Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT Pro Tempore.
A quorum being present, the proceedings were opened with a devotion by Senator SETZLER as follows:
Beloved, hear words from St. Paul, 1 Timothy 4:10:
"For to this end we toil and strive, because we have our hope set on the living God."
Let us pray.
Father, we ask for Your continued healing and caring hands on our Lieutenant Governor, Andre Bauer, and his passenger, John M. Leonhardt, Sr. while they recuperate from their injuries from a tragic plane accident yesterday.
Father, solutions of our problems come slowly to us sometimes. Help us to qualify for Your guidance and help by the sincerity and humility of our beseeching.
Help us to profit by the instruction of our colleagues in this place, by our respect for each other and a full measure of charity and willingness to be helped.
As we move into the future with new ventures, remind us again that "we toil and strive because we have our hope set on the living God."
Amen!
The PRESIDENT Pro Tempore called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable Mark C. Sanford:
Reappointment, Chesterfield County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010
Elizabeth F. Gulledge, P. O. Box 131, Ruby, S.C. 29741
Reappointment, Chesterfield County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010
Richard R. Lee, 1486 Hinson Hill Road, Cheraw, S.C. 29520
Reappointment, Chesterfield County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010
Ronald Davis Cundiff, 105 State Road, Cheraw, S.C. 29520
Reappointment, Chesterfield County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010
Gary R. Faulkenberry, P. O. Box 133, Pageland, S.C. 29728
Initial Appointment, Chesterfield County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Sarah Francis Lisenby, 113 Green Street, Chesterfield, S.C. 29709 VICE Harold Conway
Reappointment, Chesterfield County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010
Sarah Francis Lisenby, 113 Green Street, Chesterfield, S.C. 29709
Reappointment, Florence County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010
Roger Neron Langley, P. O. Box 904, Johnsonville, S.C. 29555
Reappointment, Florence County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010
John L. Miles, 152 East Friendfield Rd., Coward, S.C. 29583
Reappointment, Florence County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010
Taft Guiles, 1904 Grant Road, Pamplico, S.C. 29583
At 4:35 P.M., Senator JACKSON requested a leave of absence until 11:00 A.M. on Tuesday.
At 4:35 P.M., Senator RYBERG requested a leave of absence until 11:00 A.M. on Tuesday.
At 5:15 P.M., Senator CAMPSEN requested a leave of absence for Thursday, May 25, 2006.
Senator KNOTTS rose for an Expression of Personal Interest.
On motion of Senator MARTIN, with unanimous consent, the Senate agreed that, upon the completion of the Joint Assembly, the Senate would reconvene at 2:00 P.M.
On motion of Senator SETZLER, with unanimous consent, the Senate agreed to go into Executive Session at 2:30 P.M.
Senator LEATHERMAN was recognized to give a status report on the work of the Committees of Conference on H. 4810 and H. 4449.
At 11:53 A.M., the Senate receded from business for the purpose of attending the Joint Assembly.
At 12:00 Noon., the Senate appeared in the Hall of the House.
The PRESIDENT Pro Tempore of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:
H. 5042 (Word version) -- Reps. Delleney, W.D. Smith, Cato, Ott, Sandifer and F.N. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 24, 2006, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 9, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW COURT, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2008; AND TO ELECT SUCCESSORS TO THE MEMBERS OF THE SECOND, FOURTH, AND SIXTH DISTRICTS
The PRESIDENT Pro Tempore announced that nominations were in order to elect a successor to a position of Judge, Circuit Court, At-Large, Seat #9.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that Ms. J. Michelle Childs, the Hon. John D. Geathers and Mr. William K. Witherspoon had been screened and found qualified to serve.
On motion of Representative Delleney, with unanimous consent, the names of the Hon. John D. Geathers and Mr. William K. Witherspoon were withdrawn from consideration.
Representative Delleney placed the name of Ms. J. Michelle Childs in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT Pro Tempore announced that the Honorable J. Michelle Childs was elected to a position of Judge, Circuit Court, At-Large, Seat #9 for the term prescribed by law.
The PRESIDENT Pro Tempore announced that nominations were in order to elect a successor to a position of Judge of the Administrative Law Court, Seat #5.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that Ms. Deborah Brooks Durden, Mrs. Paige J. Gossett and Ms. Shirley C. Robinson had been screened and found qualified to serve.
Representative Delleney placed the names of Mrs. Paige J. Gossett and Mrs. Shirley C. Robinson in nomination.
On motion of Representative Delleney, the name of Ms. Deborah Brooks Durden was withdrawn from consideration.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Mrs. Gossett:
Alexander Bryant Campsen Cleary Courson Cromer Drummond Elliott Fair Gregory Grooms Hawkins Hayes Knotts Leatherman Martin McConnell Mescher O'Dell Peeler Richardson Ritchie Ryberg Scott Setzler Thomas Verdin
The following named Senators voted for Ms. Robinson:
Anderson Ford Hutto Jackson Land Leventis Lourie Malloy Matthews McGill Moore Patterson Pinckney Reese Sheheen Short Williams
On motion of Rep. Scott, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Mrs. Gossett:
Altman Anthony Bailey Ballentine Bannister Bingham Brady Cato Ceips Chellis Clark Clemmons Coates Cooper Cotty Dantzler Davenport Delleney Duncan Edge Frye Hagood Haley Hamilton Hardwick Harrison Haskins Herbkersman Hinson Hiott Huggins Jennings Leach Limehouse Littlejohn Loftis Mahaffey McCraw McGee
Merrill Norman Perry Phillips Pinson Rice Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Townsend Tripp Umphlett Viers Walker White Whitmire Young
The following named Representatives voted for Ms. Robinson:
Agnew Allen Anderson Bales Battle Bowers Breeland G. Brown J. Brown R. Brown Chalk Clyburn Cobb-Hunter Coleman Emory Funderburk Govan Harrell Harvin Hayes J. Hines M. Hines Hodges Hosey Howard Jefferson Kennedy Kirsh Lucas Mack McLeod Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Owens Parks E. H. Pitts M. A. Pitts Rhoad Rivers Rutherford Scott F. N. Smith Toole Vaughn Vick Weeks Whipper
RECAPITULATION
Total number of Senators voting 44
Total number of Representatives voting 119
Grand Total 163
Whereupon, the PRESIDENT Pro Tempore announced that the Honorable Paige J. Gossett was elected Judge of the Administrative Law Court, Seat 5 for the term prescribed by law.
The PRESIDENT Pro Tempore announced that nominations were in order to elect a successor to a position on the S. C. Public Service Commission from District 2.
Senator MOORE, Chairman of the State Regulation of Public Utilities Review Committee, indicated that Mr. David A. Wright and Mr. Sidney S. Locke had been screened and found qualified to serve.
On motion of Senator MOORE, the name of Mr. Sidney S. Locke was withdrawn from consideration.
Senator MOORE placed the name of Mr. David A. Wright in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT Pro Tempore announced that the Honorable David A. Wright was elected to the S. C. Public Service Commission from District 2 for the term prescribed by law.
The PRESIDENT Pro Tempore announced that nominations were in order to elect a successor to a position on the S. C. Public Service Commission from District 4.
Senator MOORE, Chairman of the State Regulation of Public Utilities Review Committee, indicated that Ms. Elizabeth B. Fleming had been screened and found qualified to serve.
Senator MOORE placed the name of Ms. Elizabeth B. Fleming in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT Pro Tempore announced that the Honorable Elizabeth B. Fleming was elected to the S. C. Public Service Commission from District 4 for the term prescribed by law.
The PRESIDENT Pro Tempore announced that nominations were in order to elect a successor to a position on the S. C. Public Service Commission from District 6.
Senator MOORE, Chairman of the State Regulation of Public Utilities Review Committee, indicated that Ms. Mignon L. Clyburn had been screened and found qualified to serve.
Senator MOORE placed the name of Ms. Mignon L. Clyburn in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT Pro Tempore announced that the Honorable Mignon L. Clyburn was elected to the S. C. Public Service Commission from District 6 for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT Pro Tempore declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT Pro Tempore.
At 12:45 P.M., the Senate resumed.
By prior motion of Senator MARTIN, the Senate receded from business until 2:00 P.M.
The Senate reassembled at 2:14 P.M. and was called to order by the PRESIDENT Pro Tempore.
H. 5139 (Word version) -- Reps. Emory and J.M. Neal: A BILL TO AMEND SECTION 7-7-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LANCASTER COUNTY, SO AS TO ADD PETTUS PLACE AND POSSUM HOLLOW TO THE LIST OF VOTING PRECINCTS IN LANCASTER COUNTY.
Senator GREGORY asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
The Bill was recalled from the Committee on Judiciary and ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 1442 (Word version) -- Senator Richardson: A CONCURRENT RESOLUTION THANKING THE HONORABLE JOSEPH MCDOMICK, JR. FOR HIS TWENTY-FIVE YEARS OF SERVICE AS A BEAUFORT COUNTY MAGISTRATE, AND WISHING HIM WELL UPON HIS RETIREMENT AND MUCH SUCCESS IN ALL OF HIS VENTURES.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1443 (Word version) -- Senator Williams: A SENATE RESOLUTION CONGRATULATING THE FRANCIS MARION UNIVERSITY BASEBALL TEAM ON WINNING THE NCAA DIVISION II TOURNAMENT, THE SOUTH ATLANTIC REGION TITLE, AND WISHING THEM MUCH SUCCESS IN THEIR FIRST APPEARANCE AT THE COLLEGE WORLD SERIES IN MONTGOMERY, ALABAMA.
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The Senate Resolution was adopted.
S. 1444 (Word version) -- Senator Thomas: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE J. L. MANN HIGH SCHOOL GIRLS LACROSSE TEAM FOR WINNING THE STATE LACROSSE CHAMPIONSHIP AND TO EXTEND BEST WISHES TO EACH OF THESE OUTSTANDING YOUNG WOMEN IN ALL THEIR FUTURE ENDEAVORS.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1445 (Word version) -- Senators McConnell and Martin: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 1, 2006, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET ON TUESDAY,
On motion of Senator MARTIN, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.
S. 1446 (Word version) -- Senators Grooms, Ryberg, Peeler, Bryant, Verdin, Land, Setzler, Fair, Cleary, Cromer, Williams, Martin, Reese, Mescher, Thomas, Knotts and McConnell: A CONCURRENT RESOLUTION TO EXPRESS OPPOSITION TO THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION'S FILING AN EXPRESSION OF INTEREST WITH THE FEDERAL HIGHWAY ADMINISTRATION SEEKING APPROVAL FOR TOLLING AUTHORITY ON THE PORTION OF INTERSTATE 95 THAT PASSES THROUGH SOUTH CAROLINA.
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.
S. 1447 (Word version) -- Senators Thomas, Pinckney, Drummond, Land, Leventis, Moore, Reese, Matthews, Patterson, Elliott, Rankin, O'Dell, Short, Hutto, Martin, Jackson, Anderson, Mescher, Verdin, Malloy, Sheheen, Scott, Knotts and Williams: A JOINT RESOLUTION TO PROVIDE THAT THE STATE PORTS AUTHORITY SHALL SUBMIT TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY BY SPECIFIED DATES A FINANCIAL PLAN DETAILING THE ANTICIPATED COSTS AND EXPENSES ASSOCIATED WITH THE DEVELOPMENT OF A NEW TERMINAL FACILITY IN JASPER COUNTY ON THE SAVANNAH RIVER AND DETAILING THE SOURCES OF FUNDS BOTH PUBLIC AND PRIVATE TO MEET THESE COSTS AND EXPENSES, AND TO REQUIRE APPROVAL OF THIS
Read the first time and referred to the Committee on Finance.
S. 1448 (Word version) -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO THE HIGHWAY ADVERTISING CONTROL ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 3059, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.
S. 1449 (Word version) -- Senator Verdin: A CONCURRENT RESOLUTION TO COMMEND MR. TOMMY GENE POWELL OF LAURENS COUNTY FOR HIS DISTINGUISHED MILITARY SERVICE AS A MARINE IN VIETNAM WHERE HE SUSTAINED PAINFUL DISABILITIES, AND TO HONOR HIM FOR A PRODUCTIVE AND FULFILLING ADULT LIFE AS A SINGLE PARENT NOTWITHSTANDING THESE DISABILITIES.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1450 (Word version) -- Senator Grooms: A SENATE RESOLUTION TO EXPRESS SINCERE GRATITUDE AND FRIENDSHIP TO MS. JANET KEEFE EVANS FOR HER SERVICE TO THE STATE OF SOUTH CAROLINA AND TO RECOGNIZE HER DEDICATION TO THE SOUTH CAROLINA SENATE, IN PARTICULAR, UPON THE OCCASION OF HER RETIREMENT, AND TO WISH HER MUCH DESERVED HAPPINESS AND GOOD HEALTH IN THE FUTURE.
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The Senate Resolution was adopted.
S. 1451 (Word version) -- Senator Lourie: A SENATE RESOLUTION TO RECOGNIZE W. CRAIG DUESNING OF RICHLAND COUNTY FOR HIS OUTSTANDING CONTRIBUTIONS TO SOUTH
The Senate Resolution was adopted.
H. 5064 (Word version) -- Reps. J. E. Smith, Cotty, Rutherford, J. H. Neal, Brady, Bales, Harrison and Ballentine: A BILL TO PROVIDE THAT THE AUTHORITY OF THE GOVERNING BODY OF THE RICHLAND COUNTY RECREATION COMMISSION TO LEVY AD VALOREM PROPERTY TAXES UPON ALL TAXABLE PROPERTY IN THE DISTRICT FOR OPERATING OR CAPITAL PURPOSES AND TO ISSUE GENERAL OBLIGATION BONDS OR REVENUE BONDS OF THE DISTRICT IS DELETED, AND TO PROVIDE THAT THIS AUTHORITY IS TRANSFERRED TO AND RESTS SOLELY WITH THE RICHLAND COUNTY COUNCIL.
Read the first time and ordered placed on the Local and Uncontested Calendar.
H. 5182 (Word version) -- Reps. Bowers and Rivers: A BILL TO AMEND ACT 286 OF 1989, RELATING TO THE BOARDS OF TRUSTEES OF HAMPTON COUNTY SCHOOL DISTRICTS 1 AND 2, SO AS TO PROVIDE THAT THE TRUSTEES, AT THEIR DISCRETION, MAY RECEIVE AN ANNUAL SALARY UP TO THREE THOUSAND DOLLARS.
Read the first time and ordered placed on the Local and Uncontested Calendar.
H. 5222 (Word version) -- Reps. J. Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers,
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5229 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO DECLARE FRIDAY, SEPTEMBER 1, 2006, AS "BEN BERNANKE DAY" IN DILLON COUNTY IN HONOR OF HIS MANY OUTSTANDING ACCOMPLISHMENTS IN THE FIELDS OF NATIONAL MONETARY POLICY AND ECONOMICS, AND FOR HIS SELECTION AS CHAIRMAN OF THE FEDERAL RESERVE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5230 (Word version) -- Rep. Parks: A CONCURRENT RESOLUTION TO RECOGNIZE THE SOUTH CAROLINA BAPTIST CONGRESS OF CHRISTIAN EDUCATION FOR ITS WORK IN PROMOTING THE CHRISTIAN MESSAGE IN SOUTH CAROLINA, AND TO COMMEMORATE THE ONE HUNDREDTH ANNIVERSARY OF ITS FIRST MEETING IN GREENWOOD, SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator HUTTO from the Committee on Judiciary polled out H. 3085 favorable:
H. 3085 (Word version) -- Reps. Harrison, Kirsh, E.H. Pitts, Hinson, Mahaffey, Umphlett, McLeod, Jennings and Altman: A BILL TO AMEND SECTION 16-13-510, CODE OF LAWS OF SOUTH CAROLINA,
AYES
McConnell Moore Ford Gregory Jackson Martin Mescher Rankin Elliott Hutto Anderson Hawkins Ritchie Knotts Malloy Cromer Sheheen Bryant Campsen Cleary Lourie Scott Williams
Ordered for consideration tomorrow.
Senator MALLOY from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3166 (Word version) -- Reps. Taylor, Leach, Vaughn, Bailey, Scarborough and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-11-53 SO AS TO REQUIRE THE EXECUTIVE COMMITTEE OF A POLITICAL PARTY TO NAME A REPLACEMENT CANDIDATE AS SOON AS POSSIBLE AND TO PROVIDE IF THE REPLACEMENT CANDIDATE IS NOT NAMED WITHIN THIRTY DAYS, THE PARTY IS PROHIBITED FROM NAMING A REPLACEMENT CANDIDATE FOR THAT OFFICE.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:
H. 3640 (Word version) -- Reps. White and Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-145 SO AS TO PROVIDE THAT GROUND BEEF PREPARED BY A FOOD-SERVICE PROVIDER FOR PUBLIC CONSUMPTION MUST BE COOKED TO AT LEAST ONE HUNDRED FIFTY-FIVE DEGREES FAHRENHEIT UNLESS OTHERWISE ORDERED BY THE IMMEDIATE CONSUMER AND TO PROVIDE IMMUNITY FROM LIABILITY FOR SERVING BEEF COOKED AT SUCH TEMPERATURE UPON REQUEST AND TO REQUIRE A FOOD SERVICE PROVIDER TO PROVIDE A WRITTEN OR VERBAL WARNING OF THE RISKS OF EATING SUCH GROUND BEEF.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3700 (Word version) -- Reps. Clemmons and Harrison: A BILL TO AMEND SECTION 15-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS WHICH MUST BE TRIED WHERE THE SUBJECT MATTER IS SITUATED, SO AS TO ADD THAT ALL MATTERS BETWEEN LANDLORD AND TENANT MUST BE TRIED WHERE THE SUBJECT MATTER OR SOME PART OF THE PROPERTY IS SITUATED.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3915 (Word version) -- Reps. Pinson, Parks, Anthony and M.A. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-325 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT WHICH ONLY PROVIDES SEWAGE COLLECTION AND DISPOSAL SERVICES TO UTILIZE ANY METHOD OF FINANCING THE CONSTRUCTION OF SEWER LATERAL COLLECTION LINES NOTWITHSTANDING OTHER PROVISIONS OF LAW.
Ordered for consideration tomorrow.
Senator HUTTO from the Committee on Judiciary polled out H. 4301 favorable with amendment:
H. 4301 (Word version) -- Reps. G.M. Smith, Bailey, Harrison, Altman, Vaughn, G.R. Smith, Battle, Kirsh, M.A. Pitts, Coates, Moody-Lawrence, Toole,
AYES
McConnell Moore Gregory Jackson Martin Mescher Rankin Elliott Hutto Hawkins Ritchie Knotts Malloy Cromer Sheheen Bryant Campsen Cleary Lourie Scott Williams
Ford Anderson
Ordered for consideration tomorrow.
Senator RANKIN from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4410 (Word version) -- Reps. Cotty and Brady: A BILL TO AMEND SECTION 8-13-1510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR LATE FILING OF OR FAILURE TO FILE A REPORT OR STATEMENT REQUIRED BY THE ETHICS ACT, SO AS TO CAP THE FINE AT FIVE THOUSAND DOLLARS.
Ordered for consideration tomorrow.
Senator HAWKINS from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4456 (Word version) -- Reps. Harrison and Haley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 50 TO TITLE 23 SO AS TO ENACT THE SOUTH CAROLINA CRIMESTOPPERS ACT, TO PROVIDE FOR THE PURPOSE OF CRIMESTOPPER ORGANIZATIONS, TO PROVIDE FOR DEFINITIONS OF VARIOUS TERMS CONTAINED IN THIS CHAPTER, TO ESTABLISH THE SOUTH CAROLINA CRIMESTOPPERS COUNCIL AND ITS DUTIES, TO PROVIDE THAT A COURT MAY ORDER A DEFENDANT TO REPAY TO A CRIMESTOPPERS ORGANIZATION OR TO THE CRIMESTOPPERS COUNCIL A REWARD ISSUED BY EITHER ENTITY, TO PROVIDE FOR THE REIMBURSEMENT OF MONIES PAID BY CRIMESTOPPERS ORGANIZATION OR THE CRIMESTOPPERS COUNCIL FOR INFORMATION THAT RESULTS IN THE ARREST OF AN INDIVIDUAL WHERE MONIES ARE CONFISCATED AND FORFEITED PURSUANT TO AN ARREST, TO PROVIDE FOR THE MAINTENANCE AND DISBURSEMENT OF FUNDS REIMBURSED TO A CRIMESTOPPERS ORGANIZATION, TO PROVIDE FOR THE ADMISSIBILITY OF CERTAIN EVIDENCE, PROTECTED INFORMATION, AND PROTECTED IDENTITIES IN A COURT PROCEEDING, TO PROVIDE IMMUNITY FROM CIVIL LIABILITY FOR CERTAIN PERSONS WHO COMMUNICATE WITH, ACT ON PRIVILEGED COMMUNICATION, OR ARE OFFICERS OR EMPLOYEES OF A CRIMESTOPPERS ORGANIZATION OR THE CRIMESTOPPERS COUNCIL; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE BY A PUBLIC BODY,
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable report on:
H. 4471 (Word version) -- Reps. Clemmons, Barfield, Vick, Martin, Cotty, Witherspoon, Hardwick, Harrison, Altman, Bales, Edge, Hagood, Hayes, Jennings, Leach, Limehouse, Loftis, M.A. Pitts, Rice, Sinclair, J.E. Smith, Viers and White: A BILL TO AMEND SECTIONS 22-3-10 AND 22-3-30, BOTH AS AMENDED AND BOTH RELATING TO JURISDICTION OF THE MAGISTRATE'S COURT, BOTH SO AS TO PROVIDE THAT IN A COMMERCIAL LEASE RELATIONSHIP THE MAGISTRATE SHALL RETAIN JURISDICTION OVER AN EJECTMENT ACTION AND CORRESPONDING COMPULSORY COUNTERCLAIMS, REGARDLESS OF THE AMOUNT OF THE COUNTERCLAIM; TO AMEND SECTION 27-33-40, RELATING TO CONCURRENT JURISDICTION OF CIRCUIT COURT JUDGES AND MAGISTRATES, SO AS TO PROVIDE THAT IN A COMMERCIAL LEASE RELATIONSHIP THE MAGISTRATE SHALL SEVER AND TRANSFER TO CIRCUIT COURT CLAIMS OR PERMISSIVE COUNTERCLAIMS FILED IN MAGISTRATE'S COURT IN CONNECTION WITH AN EJECTMENT ACTION IF THOSE CLAIMS EXCEED THE JURISDICTIONAL AMOUNT, WHILE RETAINING JURISDICTION OVER THE EJECTMENT ACTION AND COMPULSORY COUNTERCLAIMS; AND TO AMEND SECTION 27-37-60, RELATING TO THE TRIAL OF A CONTESTED EJECTMENT ACTION RESULTING FROM A COMMERCIAL LEASE ARRANGEMENT, SO AS TO REQUIRE THAT THE ACTION BE HEARD, WITH PRIORITY, AT THE NEXT TERM OF COURT AND THAT THE TENANT TENDER RENT DUE AND ACCRUING AS OF AND DURING THE PENDENCY OF THE ACTION.
Ordered for consideration tomorrow.
Senator RITCHIE from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4678 (Word version) -- Reps. G.M. Smith, Weeks and Coates: A BILL TO AMEND SECTION 20-7-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INFANTS VOLUNTARILY LEFT AT A HOSPITAL BY A PARENT OR AT THE DIRECTION OF A PARENT AND PROVIDING IMMUNITY TO SUCH PACT OR PERSON UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT AN INFANT MAY ALSO BE LEFT AT A LAW ENFORCEMENT AGENCY OR A CHURCH OR SYNAGOGUE, TO DEFINE HOSPITALS, LAW ENFORCEMENT AGENCIES, AND CHURCHES AND SYNAGOGUES AS "SAFE HAVENS", TO PROVIDE THAT SUCH IMMUNITY ATTACHES WHEN AN INFANT IS LEFT AT A SAFE HAVEN, AND TO PROVIDE THAT A LAW ENFORCEMENT AGENCY, CHURCH, OR SYNAGOGUE MUST TRANSPORT AN INFANT TO A HOSPITAL WHEN THE INFANT IS LEFT AT THE LAW ENFORCEMENT AGENCY, CHURCH, OR SYNAGOGUE.
Ordered for consideration tomorrow.
Senator RITCHIE from the Committee on Judiciary submitted a favorable report on:
H. 4687 (Word version) -- Reps. Cotty and Harrison: A BILL TO AMEND SECTION 20-7-6840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMUNITY SERVICES PROVIDED BY THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT INTENSIVE SUPERVISION SERVICES ARE AMONG THE COMMUNITY-BASED PROGRAMS THE DEPARTMENT PROVIDES; AND TO SPECIFY THOSE JUVENILES WHO MUST BE ASSIGNED TO INTENSIVE SUPERVISION SERVICES AND TO FURTHER PROVIDE FOR THE SCOPE AND DELIVERY OF THESE SERVICES.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Education submitted a favorable with amendment report on:
H. 4707 (Word version) -- Reps. Govan, Scott, Hosey, Moody-Lawrence, Whipper, Clark, Howard, Mack, Vick, Allen, Battle, Bowers, Brady, Branham, Cato, Ceips, Clemmons, Clyburn, Funderburk, Haskins, Hodges, Jefferson, McLeod, Ott, Perry, Rice, Scarborough, Sinclair, G.M. Smith, J.E. Smith and Townsend: A BILL TO AMEND THE
Ordered for consideration tomorrow.
Senator HUTTO from the Committee on Judiciary polled out H. 4735 favorable with amendment:
H. 4735 (Word version) -- Reps. Harrison and Jennings: A BILL TO AMEND SECTION 44-23-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DETERMINING THE FITNESS OF A PERSON CHARGED WITH A CRIME TO STAND TRIAL, SO AS TO INCREASE FROM FIFTEEN DAYS TO SIXTY DAYS THE TIME WITHIN WHICH THE MENTAL HEALTH EVALUATION OF THE PERSON MUST BE COMPLETED AND TO AUTHORIZE THE COURT ON GOOD CAUSE SHOWN TO GRANT AN EXTENSION OF UP TO THIRTY DAYS; TO AMEND SECTION 44-23-420, RELATING TO THE FITNESS TO STAND TRIAL REPORT OF A MENTAL HEALTH EVALUATION EXAMINER,
AYES
McConnell Moore Ford Gregory Jackson Martin Mescher Rankin Elliott Hutto Anderson Hawkins Ritchie Knotts Malloy Cromer Sheheen Bryant Campsen Cleary Lourie Scott Williams
Ordered for consideration tomorrow.
Senator GREGORY from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4773 (Word version) -- Reps. Sinclair, Rivers, Harrison, G.M. Smith, Davenport, Mitchell, McLeod, Allen, Delleney, Mahaffey, McGee, W.D. Smith, Talley and White: A BILL TO AMEND SECTION 62-5-504, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH A HEALTH CARE POWER OF ATTORNEY, SO AS TO CONFORM
Ordered for consideration tomorrow.
Senator RANKIN from the Committee on Judiciary submitted a favorable report on:
H. 4801 (Word version) -- Rep. Delleney: A BILL TO AMEND SECTION 14-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MASTERS-IN-EQUITY FEES, SO AS TO REVISE THE MAXIMUM COMMISSION ON CERTAIN SALES OF LAND AND THE FEE FOR PREPARATION OF A DEED.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary polled out H. 4831 favorable:
H. 4831 (Word version) -- Reps. Cobb-Hunter, Young, Simrill and Whipper: A BILL TO AMEND SECTION 43-1-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMUNITY DOMESTIC VIOLENCE COORDINATING COUNCILS AND THEIR PURPOSE, MEMBERSHIP, AND DUTIES, SO AS TO PROVIDE THAT THE CIRCUIT SOLICITOR, RATHER THAN THE DEPARTMENT OF SOCIAL SERVICES, SHALL FACILITATE THE DEVELOPMENT OF THESE COUNCILS IN EACH COUNTY OR JUDICIAL CIRCUIT, TO ADD A REPRESENTATIVE OF THE DEPARTMENT OF SOCIAL SERVICES TO THE RECOMMENDED PARTICIPANTS ON THE COUNCILS, AND TO PROVIDE THAT MEMBERS ON SUCH COUNCILS SHALL ESTABLISH MEMORANDA OF AGREEMENT AMONG AND BETWEEN THESE MEMBERS.
AYES
McConnell Moore Ford Gregory Jackson Martin Mescher Rankin Elliott Hutto Anderson Hawkins Ritchie Knotts Malloy Cromer Sheheen Bryant Campsen Cleary Lourie Scott Williams
Ordered for consideration tomorrow.
Senator HUTTO from the Committee on Judiciary polled out H. 4847 favorable with amendment:
H. 4847 (Word version) -- Reps. Clemmons, Barfield, Edge, Hardwick, Hayes, Viers and Witherspoon: A BILL TO AMEND SECTION 16-17-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SELLING TICKETS TO AN ATHLETIC CONTEST, SPORTING, ENTERTAINMENT, OR AMUSEMENT EVENT FOR MORE THAN THE PRESCRIBED AMOUNT, SO AS TO PROVIDE AN EXCEPTION FOR THE SALE OR OFFER FOR SALE OF A TICKET WHEN AUTHORIZED BY AN OPERATOR OF THE EVENT OR THE VENUE.
AYES
Moore Ford Gregory Jackson Martin Mescher Rankin Elliott Hutto
Anderson Hawkins Knotts Cromer Bryant Cleary Lourie Scott Williams
McConnell Sheheen
Ritchie Malloy Campsen
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Education submitted a favorable report on:
H. 5001 (Word version) -- Reps. Harrell, Hinson, Limehouse, Scarborough, Merrill, Whipper, Breeland, Mack, Young, Chellis, R. Brown and Hagood: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-450 SO AS TO PROVIDE FOR A "MAIN CAMPUS" AND AN "ENTERPRISE CAMPUS" AT TRIDENT TECHNICAL COLLEGE; BY DESIGNATING SECTIONS 59-53-410 THROUGH 59-53-450, RELATING TO THE TRIDENT TECHNICAL COLLEGE, AS SUBARTICLE 1 AND ENTITLED "GENERAL PROVISIONS" OF ARTICLE 5, CHAPTER 53, TITLE 59; AND BY ADDING SUBARTICLE 3 TO ARTICLE 5, CHAPTER 53, TITLE 59 SO AS TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION FOR PURPOSES OF THE FURTHER DEVELOPMENT OF THE MAIN CAMPUS, TO PROVIDE FOR THE CREATION OF THE TRIDENT TECHNICAL COLLEGE ENTERPRISE CAMPUS AUTHORITY, AND TO PROVIDE FOR ITS POWERS AND DUTIES.
Ordered for consideration tomorrow.
Senator RITCHIE from the Committee on Judiciary submitted a favorable with amendment report on:
H. 5057 (Word version) -- Reps. Ceips, Cato, Harrison, Cooper, Martin, Altman, Ott, Rivers, Sandifer, Scarborough and E.H. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 11, TITLE 8 SO AS TO ENACT THE ILLEGAL ALIENS AND PUBLIC EMPLOYMENT ACT, TO REQUIRE PUBLIC EMPLOYERS OF THE STATE TO REGISTER AND PARTICIPATE IN THE FEDERAL WORK AUTHORIZATION PROGRAM, AND TO PROHIBIT PUBLIC EMPLOYERS OF THE STATE FROM ENTERING INTO CONTRACTS FOR SERVICES UNLESS THE CONTRACTORS AND SUBCONTRACTORS COMPLY WITH THE FEDERAL WORK AUTHORIZATION PROGRAM VERIFYING INFORMATION ON ALL NEW EMPLOYEES.
Ordered for consideration tomorrow.
Columbia, S.C., May 24, 2006
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3615 (Word version) -- Reps. Dantzler, Frye, Scarborough, Bailey, Hinson, Jefferson, Perry, Rhoad and Mahaffey: A BILL TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF VETERINARY MEDICINE, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF VETERINARIANS AND VETERINARY TECHNICIANS INCLUDING, BUT NOT LIMITED TO, ESTABLISHING AN INVESTIGATIVE REVIEW COMMITTEE, REVISING PROCEDURES FOR CONDUCTING HEARINGS, PROVIDING FOR LICENSURE BY ENDORSEMENT, AUTHORIZING STUDENT PRECEPTOR PROGRAMS, PROVIDING PROCEDURES FOR VETERINARIANS IF AN ANIMAL IS ABANDONED IN THEIR CUSTODY, PROVIDING FOR A LIEN ON AN ANIMAL WHEN PAYMENT FOR CARE IS NOT MADE, AND ESTABLISHING CERTAIN STANDARDS FOR
Received as information.
Columbia, S.C., May 24, 2006
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3922 (Word version) -- Reps. Witherspoon, Ott, Umphlett, Barfield, Cato, Bailey, Hagood, Bowers, Hardwick and Neilson: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 18 SO AS TO ENACT THE "MERCURY SWITCH REMOVAL ACT OF 2005" IN ORDER TO ACHIEVE REDUCTIONS OF MERCURY IN THE ENVIRONMENT THROUGH REMOVAL AND COLLECTION OF MERCURY SWITCHES FROM MOTOR VEHICLES WEIGHING LESS THAN TWELVE THOUSAND POUNDS; TO PROVIDE THAT EVERY MANUFACTURER OF MOTOR VEHICLES SOLD IN THIS STATE TO WHICH THIS CHAPTER APPLIES SHALL DEVELOP A MERCURY MINIMIZATION PLAN TO BE FILED WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO PROVIDE FOR CERTAIN COSTS WITH REGARD TO THE COLLECTION AND RECOVERY OF MERCURY SWITCHES TO BE PAID BY THE VEHICLE MANUFACTURER; TO PROVIDE FOR OTHER RELATED PROVISIONS PERTAINING TO THE RECYCLING, STORAGE, AND DISPOSAL OF MERCURY SWITCHES, INCLUDING DESIGNATING MERCURY SWITCHES AS UNIVERSAL WASTE AND REQUIRING THE DEPARTMENT TO PROMULGATE REGULATIONS FOR THE MANAGEMENT OF THESE SWITCHES; AND TO PROVIDE PENALTIES FOR VIOLATIONS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Columbia, S.C., May 24, 2006
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4481 (Word version) -- Reps. Martin, Townsend, J.H. Neal, McLeod, Clark, Agnew, Bales, Ballentine, Bannister, Barfield, Bingham, Brady, Cato, Coates, Cobb-Hunter, Dantzler, Frye, Harrison, Herbkersman, J. Hines, Hosey, Huggins, Jefferson, Miller, Ott, Parks, Pinson, Rhoad, Scott, Sinclair, Umphlett, Vaughn, Walker and White: A BILL TO AMEND SECTION 57-23-800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF TRANSPORTATION'S MANAGEMENT OF VEGETATION ALONG INTERSTATE HIGHWAY MEDIANS, ROADSIDES, AND INTERCHANGES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY UNDERTAKE THIS ACTIVITY AT ITS DISCRETION AFTER CONSULTING THE LOCAL GOVERNMENTAL AUTHORITY THAT HAS JURISDICTION OVER THE PORTION OF HIGHWAY SUBJECT TO THE VEGETATION MANAGEMENT PROJECT.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Received as information.
Columbia, S.C., May 24, 2006
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4532 (Word version) -- Reps. Coates, McGee and Townsend: A BILL TO AMEND SECTION 56-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE WHOLESALER AND DEALER LICENSES, SO AS TO INCREASE THE AMOUNT OF THE SURETY BOND AN APPLICANT FOR LICENSURE AS A WHOLESALER OR A DEALER MUST PROVIDE TO THE DEPARTMENT OF MOTOR VEHICLES AND
Received as information.
Columbia, S.C., May 24, 2006
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4965 (Word version) -- Reps. Loftis, Pinson, Hardwick, Barfield, Bannister, Ceips, Clark, Clemmons, Coates, Davenport, Duncan, Edge, Frye, Hamilton, Harrison, Haskins, Hiott, Mahaffey, Merrill, Norman, Owens, Perry, M.A. Pitts, Sandifer, Scarborough, F.N. Smith, Stewart, Talley, Walker, Witherspoon, Young, Mitchell, McLeod, Leach, Altman and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-525 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO WILFULLY OR MALICIOUSLY DISTURB OR INTERRUPT A FUNERAL SERVICE AND TO PROVIDE PENALTIES.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 24, 2006
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:
H. 4165 (Word version) -- Reps. M.A. Pitts, Rhoad, Umphlett, E.H. Pitts, Loftis, Whipper, Witherspoon, Haley, Hardwick, Agnew, Anderson, Vaughn, Mahaffey, Leach, Bales, Clemmons, Cooper, Littlejohn, Owens, Taylor, Weeks, Whitmire, Duncan and Toole: A BILL TO AMEND SECTION 50-3-316, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRITERIA FOR HIRING
Received as information.
Columbia, S.C., May 23, 2006
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 4644 (Word version) -- Rep. Cooper: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGH SCHOOL LEAGUE TO SCHEDULE THE ANNUAL STATE HIGH SCHOOL FOOTBALL CHAMPIONSHIPS AT A FACILITY ON THE CAMPUS OF OTHER COLLEGES OR UNIVERSITIES WHICH MEET THE SAME SEATING CAPACITY AND OTHER CRITERIA AS THE WILLIAMS-BRICE STADIUM AT THE UNIVERSITY OF SOUTH CAROLINA IN ORDER TO EXPOSE THE PARTICIPANTS IN THE EVENT TO OTHER COLLEGES AND UNIVERSITIES IN WHICH THEY MAY BE INTERESTED IN ATTENDING.
asks for a Committee of Conference, and has appointed Reps. Cato, Altman and Thompson to the committee on the part of the House.
Very respectfully,
Speaker of the House
Received as information.
H. 4644 (Word version) -- Rep. Cooper: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGH SCHOOL LEAGUE TO SCHEDULE THE ANNUAL STATE HIGH SCHOOL FOOTBALL CHAMPIONSHIPS AT A FACILITY ON THE CAMPUS OF OTHER COLLEGES OR UNIVERSITIES WHICH MEET THE SAME SEATING CAPACITY AND OTHER CRITERIA AS THE WILLIAMS-BRICE STADIUM AT THE UNIVERSITY OF SOUTH CAROLINA IN ORDER TO EXPOSE THE PARTICIPANTS IN THE EVENT TO OTHER COLLEGES AND UNIVERSITIES IN WHICH THEY MAY BE INTERESTED IN ATTENDING.
Whereupon, Senators PEELER, HUTTO and SCOTT were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
S. 1441 (Word version) -- Senator Thomas: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE J. L. MANN HIGH SCHOOL GIRLS TRACK TEAM FOR WINNING THE STATE CLASS AAA CHAMPIONSHIP AND TO WISH EACH MEMBER OF THE TEAM GOOD LUCK IN ALL THEIR FUTURE ENDEAVORS.
Returned with concurrence.
Received as information.
S. 1449 (Word version) -- Senator Verdin: A CONCURRENT RESOLUTION TO COMMEND MR. TOMMY GENE POWELL OF LAURENS COUNTY FOR HIS DISTINGUISHED MILITARY SERVICE AS A MARINE IN VIETNAM WHERE HE SUSTAINED PAINFUL DISABILITIES, AND TO HONOR HIM FOR A PRODUCTIVE AND FULFILLING ADULT LIFE AS A SINGLE PARENT NOTWITHSTANDING THESE DISABILITIES.
Returned with concurrence.
Received as information.
S. 1444 (Word version) -- Senator Thomas: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE J. L. MANN HIGH SCHOOL GIRLS LACROSSE TEAM FOR WINNING THE STATE LACROSSE CHAMPIONSHIP AND TO EXTEND BEST WISHES TO EACH OF THESE OUTSTANDING YOUNG WOMEN IN ALL THEIR FUTURE ENDEAVORS.
Returned with concurrence.
Received as information.
S. 1442 (Word version) -- Senator Richardson: A CONCURRENT RESOLUTION THANKING THE HONORABLE JOSEPH MCDOMICK, JR. FOR HIS TWENTY-FIVE YEARS OF SERVICE AS A BEAUFORT COUNTY MAGISTRATE, AND WISHING HIM WELL UPON HIS RETIREMENT AND MUCH SUCCESS IN ALL OF HIS VENTURES.
Returned with concurrence.
Received as information.
The following Joint Resolutions were read the third time and ordered sent to the House of Representatives:
S. 1435 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO PROFESSIONAL EMPLOYER ORGANIZATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3060, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1436 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, RELATING TO PRIVATE SECURITY AND PRIVATE INVESTIGATION BUSINESSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3064, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bills, having been read the second time, were ordered placed on the Third Reading Calendar:
H. 3740 (Word version) -- Reps. McGee, Coates, M. Hines, Branham and J. Hines: A BILL TO AMEND ACT 239 OF 1981, AS AMENDED, RELATING TO THE ELECTION OF THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT NO. 1 IN FLORENCE COUNTY, SO AS TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH TRUSTEES ARE ELECTED; AND TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH THESE LINES OF THE ELECTION DISTRICTS FOR TRUSTEES ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
On motion of Senator WILLIAMS, H. 3740 was ordered to receive a third reading on Thursday, May 25, 2006.
H. 4307 (Word version) -- Rep. Stewart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-2645, SO AS TO INCORPORATE BY REFERENCE FOR PROPERTY TAX PURPOSES THE DEFINITION OF PRIVATE PASSENGER MOTOR VEHICLE USED IN THE MOTOR VEHICLE LICENSING AND REGISTRATION LAW, INCREASE THE WEIGHT LIMIT FOR PICKUP TRUCKS FOR PURPOSES OF THIS DEFINITION, AND INCLUDE MOTORCYCLES WITHIN THIS INCORPORATED DEFINITION.
Senator HAYES explained the Bill.
On motion of Senator RYBERG, with unanimous consent, H. 4307 was ordered to receive a third reading on Thursday, May 25, 2006.
H. 3109 (Word version) -- Reps. M.A. Pitts, E.H. Pitts, Taylor, Mahaffey and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-160 SO AS TO PROVIDE THAT A SCHOOL BUS DRIVER SHALL HAVE A PHYSICAL PERFORMED BY A PHYSICIAN OR NURSE PRACTITIONER BEFORE THE TESTING REQUIRED TO OPERATE A SCHOOL BUS AND PROVIDE FOR THE REPORTING OF THE RESULTS OF THE EXAMINATION.
Senator FAIR explained the Bill.
H. 4874 (Word version) -- Reps. Harrell, Merrill, Cotty, Ballentine, G. Brown, Duncan, Barfield, Haley, Bailey, Bales, Bannister, Battle, Bingham, Brady, Breeland, Cato, Ceips, Chalk, Chellis, Clemmons, Cooper, Dantzler, Delleney, Edge, Frye, Hardwick, Harrison, Haskins, Herbkersman, Hinson, Hodges, Huggins, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Mack, McGee, Miller, Norman, Ott, Perry, Pinson, E.H. Pitts, M.A. Pitts, Rhoad, Rice, Sandifer, Scarborough, Simrill, G.R. Smith, J.E. Smith, Talley, Thompson, Townsend, Tripp, Umphlett, Vick, Viers, Walker, White, Whitmire, Young, Lucas and Mitchell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE SOUTH CAROLINA ECONOMIC DEVELOPMENT INCENTIVE ACT, BY ADDING SECTION 12-6-3589 SO AS TO PROVIDE FOR A CREDIT
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (4874R007.HKL), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 3 in its entirety.
Amend the bill further, as and if amended, by striking SECTION 4 and inserting:
/ SECTION 4. A. Section 12-6-2250 of the 1976 Code is amended to read:
"Section 12-6-2250. A taxpayer whose principal business in this State is (a i) manufacturing or any form of collecting, buying, assembling, or processing goods and materials within this State, or (b ii) selling, distributing, or dealing in tangible personal property within this State, shall make returns and pay annually an income tax which that includes its income apportioned to this State. Its income apportioned to this State is determined by multiplying the net income remaining after allocation under pursuant to Sections 12-6-2220 and 12-6-2230 by a fraction, the numerator of which is the property ratio, plus the payroll ratio, plus twice the number of sales ratio made in South Carolina, and the denominator of which is four the total number of sales for the taxpayer. However, where the if a sales ratio does not exist, the denominator of the fraction is the number of existing ratios, and where the sales ratio exists but the payroll ratio or the property ratio does not exist, the denominator of the fraction is the number of existing ratios plus one. The property, payroll, and sales ratios must be determined in accordance with Sections 12-6-2260, 12-6-2270, and Section 12-6-2280, respectively."
B. Notwithstanding the provisions of Section 12-6-2250 of the 1976 Code as amended by this section and for taxable years beginning in 2007 through 2010 only, a taxpayer allocating income pursuant to Section 12-6-2250 shall apportion income by using the method provided in the former provisions of Section 12-6-2250 and the method provided in Section 12-6-2250 of the 1976 Code as amended by this section. If the calculation permitted in Section 12-6-2250 as amended by this section results in a reduction in income allocated to this State, the reduction is allowed as follows:
Taxable year beginning in: Percentage of reduction allowed 2007 20
2008 40
2009 60
2010 80.
C. Notwithstanding the general effective date provided in this act, this section takes effect upon approval of this act by the Governor and applies for taxable years beginning after 2006. /
Amend the bill further, as and if amended, by striking SECTION 5 in its entirety and inserting:
/ SECTION 5. A. Section 12-6-3360(A) of the 1976 Code, as last amended by Act 332 of 2002, is further amended to read:
"(A) Taxpayers that operate manufacturing, tourism, processing, warehousing, distribution, research and development, corporate office, qualifying service-related facilities, and qualifying technology intensive facilities, and banks as defined pursuant to this title are allowed an annual job tax credit as provided in this section. In addition, taxpayers that operate retail facilities and service-related industries qualify for an annual jobs tax credit in counties designated as least developed or distressed. As used in this section, 'corporate office' includes general contractors licensed by the South Carolina Department of Labor, Licensing and Regulation. Credits under pursuant to this section may be claimed against income taxes imposed by Section 12-6-510 or 12-6-530, and insurance premium taxes imposed pursuant to Chapter 7 of Title 38, and are limited in use to fifty percent of the taxpayer's South Carolina income tax, or insurance premium tax liability. In computing any a tax payable by a taxpayer under pursuant to Section 38-7-90, the credit allowable under pursuant to this section must be treated as a premium tax paid under pursuant to Section 38-7-20."
B. Except as otherwise provided, this section takes effect upon approval by the Governor. As this section applies to general
Amend the bill further, as and if amended, by striking SECTION 12 in its entirety and inserting:
/ SECTION 12. A. Section 12-36-2120 of the 1976 Code, as last amended by Act 164 of 2005, is amended by adding an appropriately numbered item at the end:
"( ) effective July 1, 2011, construction materials used in the construction of a single manufacturing and distribution facility with a capital investment of at least one hundred million in real and personal property in the State over an eighteen-month period. The taxpayer must provide notice of the exemption, and the Department of Revenue may assess taxes owing in the manner provided in Section 12-36-2120(51)."
B. Notwithstanding the sales and use rates imposed pursuant to Chapter 36, Title 12 of the 1976 Code, the rate of tax imposed pursuant to that chapter on the gross proceeds of qualifying construction materials used in the construction of a single manufacturing and distribution facility, created by this act, is four percent for sales from July 1, 2007, through June 30, 2008, three percent for such sales from July 1, 2008, through June 30, 2009, two percent for such sales from July 1, 2009, through June 30, 2010, and one percent for such sales from July 1, 2010, through June 30, 2011. /
Amend the bill further, as and if amended, by deleting SECTION 20 in its entirety.
Amend the bill further, as and if amended, by adding two appropriately numbered new SECTIONS to read:
/ SECTION ___. Section 4-12-30(B)(1) of the 1976 Code is amended to read:
"(1) Title to the property must be held by the county. In the case of a project located in an industrial development park, as defined in Section 4-1-170, title may be held by more than one county, if each county is a member of the industrial development park. Any real property transferred to the county through a lease agreement must include a legal description and plat of the real property. Property titled in the name of a county pursuant to this section is considered privately owned for purposes of Section 58-3-240."
SECTION ___. Section 4-29-67(B)(1) of the 1976 Code is amended to read:
"(1) Title to the property must be held by the county. In the case of a project located in an industrial development park as defined in
Renumber sections to conform.
Amend title to conform.
Senator RICHARDSON explained the committee amendment.
Senator O'DELL spoke on the committee amendment.
The committee amendment was adopted.
Senator RICHARDSON proposed the following amendment (4874R008.SHR), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___ Section 12-6-3360(M)(13)(b) of the 1976 Code is amended to read:
"(b) a business, other than a business engaged in legal, accounting, or investment services or retail sales, which has a net increase of at least:
(i) two hundred fifty jobs at a single location;
(ii) one hundred twenty-five jobs at a single location and the jobs have an average cash compensation level of more than one and one-half times the lower of state per capita income or per capita income in the county where the jobs are located;
(iii) seventy-five jobs at a single location and the jobs have an average cash compensation level of more than twice the lower of state per capita income or per capita income in the county where the jobs are located; or
(iv) thirty jobs at a single location and the jobs have an average cash compensation level of more than two and one-half times the lower of state per capita income or per capita income in the county where the jobs are located.
A taxpayer shall use the most recent per capita income data available as of the end of the taxable year in which the jobs are filled.
Renumber sections to conform.
Amend title to conform.
Senator RICHARDSON explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
Senator SCOTT asked unanimous consent to make a motion to give the Bill a third reading on Thursday, May 25, 2006.
Senator KNOTTS objected.
H. 3996 (Word version) -- Reps. Cato, Chellis, Tripp, Scarborough and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING TITLE 38 TO PROVIDE THAT THE CREATION OF A PROTECTED CELL DOES NOT CREATE A LEGAL PERSON SEPARATE FROM A SPECIAL PURPOSE FINANCIAL CAPTIVE (SPFC), TO PROVIDE THAT SECURITIES ISSUED BY A SPFC PURSUANT TO INSURANCE SECURITIZATION MAY NOT BE CONSIDERED TO BE INSURANCE OR INSURANCE CONTRACTS, TO AMEND REPORTING REQUIREMENTS, TO CHANGE THE DATE FOR THE APPLICABILITY OF BENEFITS FOR SERVICES FURNISHED, TO ESTABLISH CODE REFERENCES FOR SELECTING A LICENSED ADMINISTRATOR INSTEAD OF AN ADMINISTERING INSURER, TO DEFINE ELIGIBILITY FOR COVERAGE FOR AN INDIVIDUAL UNDER THE AGE OF SIXTY-FIVE, TO PROVIDE MEDICARE SUPPLEMENTAL HEALTH INSURANCE COVERAGE TO AN INDIVIDUAL FOR REASONS OTHER THAN AGE, TO AUTHORIZE THE GOVERNING BOARD OF THE FACILITY TO DECLARE AN ASSESSMENT ON INSURERS, TO CHANGE THE COMPOSITION OF THE BOARD, TO AUTHORIZE THE DIRECTOR OF INSURANCE TO ISSUE A LICENSE TO A CAPTIVE INSURANCE COMPANY IF THE COMPANY MEETS CERTAIN CRITERIA, TO
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senators THOMAS and MALLOY proposed the following amendment (GGS\22582SJ06), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/ SECTION ___. Section 38-71-120 of the 1976 Code is repealed./
Renumber sections to conform.
Amend title to conform.
Senator THOMAS explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 4622 (Word version) -- Reps. Walker, Cato, Harrell, Bingham, Leach, Loftis, Tripp, Cooper, White, Townsend, Bales, Battle and Dantzler: A BILL TO AMEND SECTION 38-77-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORM TO BE USED WHEN OPTIONAL AUTOMOBILE INSURANCE COVERAGES ARE OFFERED TO AN INSURED, SO AS TO PROVIDE THAT THE FORM MUST NOT NECESSARILY BE COMPLETED BY THE INSURED, BUT MUST BE SIGNED BY THE INSURED TO BE USED AS EVIDENCE OF INFORMED SELECTION.
Senator MALLOY asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator MALLOY proposed the following amendment (NBD\ 12587AC06), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 38-77-140 of the 1976 Code, as last amended by Act 154 of 1997, is further amended to read:
"Section 38-77-140. (A) No An automobile insurance policy may not be issued or delivered in this State to the owner of a motor vehicle or may not be issued or delivered by an insurer licensed in this State upon any a motor vehicle then principally garaged or principally used in this State, unless it contains a provision insuring the persons defined as insured against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of these motor vehicles within the United States or Canada, subject to limits exclusive of interest and costs, with respect to each motor vehicle, as follows:
(1) fifteen twenty-five thousand dollars because of bodily injury to one person in any one accident and, subject to the limit for one person,;
(2) thirty fifty thousand dollars because of bodily injury to two or more persons in any one accident,; and
(3) ten twenty-five thousand dollars because of injury to or destruction of property of others in any one accident.
(B) Nothing in this article prevents an insurer from issuing, selling, or delivering a policy providing liability coverage in excess of these requirements."/
Renumber sections to conform.
Amend title to conform.
Senator MALLOY explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
Senator THOMAS asked unanimous consent to make a motion to give the Bill a third reading on Thursday, May 25, 2006.
Senator KNOTTS objected.
H. 4808 (Word version) -- Reps. Harrison and McLeod: A BILL TO AMEND SECTION 44-4-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE "EMERGENCY HEALTH POWERS ACT", SO AS TO REVISE THE DEFINITIONS OF "QUALIFYING HEALTH CONDITION" AND "TRIAL COURT"; TO AMEND SECTION 44-4-530, RELATING TO ISOLATION AND QUARANTINE OF INDIVIDUALS AND PENALTIES FOR NONCOMPLIANCE, SO AS TO ESTABLISH PENALTIES OF A MAXIMUM FINE OF ONE THOUSAND DOLLARS OR THIRTY DAYS IN PRISON, OR BOTH, FOR NONCOMPLIANCE, TO PROVIDE THAT AN EMPLOYER MAY NOT FIRE OR DISCRIMINATE AGAINST AN EMPLOYEE SUBJECT TO ISOLATION OR QUARANTINE ORDERS, AND TO PROVIDE THAT AN EMPLOYER MAY REQUIRE AN EMPLOYEE SUBJECT TO ISOLATION OR QUARANTINE TO USE ANNUAL OR SICK LEAVE TO COMPLY WITH SUCH AN ORDER; TO AMEND SECTION 44-4-540, RELATING TO ISOLATION AND QUARANTINE PROCEDURES, SO AS TO PROVIDE THAT BEFORE THE DECLARATION OF A PUBLIC HEALTH EMERGENCY ISOLATION AND QUARANTINE ORDERS ISSUED MUST BE UNDERTAKEN IN ACCORDANCE
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Committee on Medical Affairs proposed the following amendment (NBD\12595AC06), which was adopted:
Amend the bill, as and if amended, Section 44-4-130(W), page 2, line 24 by deleting /Economic/ and inserting /Environmental/.
Amend the bill further by deleting Section 44-4-570 and inserting:
/ "Section 44-4-570. (A) The appropriate licensing authority, in coordination with DHEC, in coordination with the appropriate licensing authority and the Department of Labor, Licensing and Regulation, may exercise, for such period as the state of public health emergency exists, in addition to existing emergency powers, the following emergency powers regarding licensing of health personnel:
(1) to require in-state health care providers to assist in the performance of vaccination, treatment, examination, or testing of any individual as a condition of licensure, authorization, or the ability to continue to function as a health care provider in this State;
(2) to accept the volunteer services of in-state and out-of-state health care providers consistent with Title 8, Chapter 25, to appoint and prescribe the duties of such in-state and out-of-state emergency health care providers as emergency volunteers, and to prescribe the duties as may be reasonable and necessary for emergency response; and
(3) to authorize the medical examiner or coroner to appoint and prescribe the duties of such emergency assistant medical examiners or coroners as may be required for the proper performance of the duties of the office.
(B)(1) The appointment of out-of-state emergency health care providers pursuant to this section may be for a limited or unlimited
(2) The appropriate licensing authority may waive any or all licensing requirements, permits, or fees required by law and applicable orders, rules, or regulations for health care providers from other jurisdictions to practice in this State.
(3) Any out-of-state emergency health care provider appointed pursuant to this section shall not be held liable for any civil damages as a result of medical care or treatment related to the emergency response unless the damages result from providing, or failing to provide, medical care or treatment under circumstances demonstrating a reckless disregard for the consequences so as to affect the life or health of the patient.
(C)(1) Any in-state or out-of-state health care provider appointed by DHEC pursuant to this section is immune from civil liability for damages resulting from medical care or treatment including, but not limited to, trauma care and triage assessment, related to the emergency response, unless the damages result from providing, or failing to provide, medical care or treatment under circumstances demonstrating a reckless disregard for the consequences so as to affect the life or health of the patient.
(2) This subsection applies whether or not the health care provider receives financial gain from the State for the volunteer services, and even if the health care provider receives compensation benefits from the health care provider's employer; regardless of whether the health care provider was paid, should have been paid, or expected to be paid for the services at the time of rendering the services from any source including, but not limited to, Medicaid, Medicare, reimbursement under Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. Section 512 et seq., or private health insurance.
(D)(1) The appointment of emergency assistant medical examiners or coroners pursuant to this section may be for a limited or unlimited time, but must not exceed the termination of the state of public health emergency. The medical examiner or coroner may terminate the emergency appointments at any time or for any reason, provided that any such if the termination will not impede the performance of the duties of the office.
(2) The medical examiner or coroner may waive any or all licensing requirements, permits, or fees required by law and applicable orders, rules, or regulations for the performance of these duties.
(D) Any person appointed pursuant to this section who in good faith performs the assigned duties is not liable for any civil damages for any personal injury as the result of any act or omission, except acts or omissions amounting to gross negligence or wilful or wanton misconduct.
(3) Any emergency assistant medical examiner or coroner appointed pursuant to this section is immune from civil liability for damages resulting from services relating to and performed during the period of appointment, unless the damages result from providing, or failing to provide, services under circumstances demonstrating reckless conduct."
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 1372 (Word version) -- Senator McConnell: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO REQUIRE THE CHARLESTON COUNTY SCHOOL DISTRICT TO SUBMIT ITS COMPLETE PROPOSED BUDGET FOR APPROVAL BY A MAJORITY VOTE OF THE CHARLESTON COUNTY COUNCIL AND, IF THE COMPLETE PROPOSED BUDGET EXCEEDS THE MILLAGE CAP, TO REQUIRE THAT THE BOARD OBTAIN THE APPROVAL OF A MAJORITY OF THE COUNTY COUNCIL FOR THE MILLAGE INCREASE IN A SEPARATE VOTE FROM APPROVAL OF THE BUDGET.
Senator FORD asked unanimous consent to commit the Bill to the local county delegation.
The Bill was committed and removed from the Calendar.
H. 5123 (Word version) -- Reps. G.M. Smith, Weeks, Coates, J.H. Neal and G. Brown: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 15 IN SUMTER COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 378 TO ITS INTERSECTION WITH THE SUMTER/LEE COUNTY LINE THE "SOUTH CAROLINA CHIEF JUSTICE ERNEST A. FINNEY, JR. HIGHWAY", AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "SOUTH CAROLINA CHIEF JUSTICE ERNEST A. FINNEY, JR. HIGHWAY".
The Concurrent Resolution was adopted, ordered returned to the House.
S. 1438 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO EMERGENCY MEDICAL SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3000, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator SETZLER, the Joint Resolution was carried over.
H. 4692 (Word version) -- Reps. Davenport and McLeod: A BILL TO AMEND SECTION 44-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATIONS OF CERTAIN DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RULINGS AND ORDERS, SO AS TO PROVIDE THAT VIOLATIONS OF RULINGS AND ORDERS, AMONG OTHER THINGS, ISSUED PURSUANT TO THE DEPARTMENT'S GENERAL AUTHORITY PROVIDED FOR IN SECTION 44-1-140 ARE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS A DAY FOR EACH VIOLATION AND THAT THE DEPARTMENT SHALL SUBMIT THESE FINES TO THE STATE GENERAL FUND.
On motion of Senator SETZLER, the Bill was carried over.
H. 5057 (Word version) -- Reps. Ceips, Cato, Harrison, Cooper, Martin, Altman, Ott, Rivers, Sandifer, Scarborough and E.H. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 11, TITLE 8 SO AS TO ENACT THE ILLEGAL ALIENS AND PUBLIC EMPLOYMENT ACT, TO REQUIRE PUBLIC EMPLOYERS OF THE STATE TO REGISTER AND PARTICIPATE IN THE FEDERAL WORK AUTHORIZATION PROGRAM, AND TO PROHIBIT PUBLIC EMPLOYERS OF THE STATE FROM ENTERING INTO CONTRACTS FOR SERVICES UNLESS THE CONTRACTORS AND SUBCONTRACTORS COMPLY WITH THE FEDERAL WORK AUTHORIZATION PROGRAM VERIFYING INFORMATION ON ALL NEW EMPLOYEES.
Senator MARTIN moved to make the Bill a Special Order.
Senator MARTIN explained the Bill.
Senator GROOMS raised a Point of Order that a short explanation of the Bill had been requested, the Bill was not under debate, and a roll call vote had been ordered.
The PRESIDENT Pro Tempore sustained the Point of Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryant Campsen Cleary Courson Cromer Fair Gregory Grooms Hawkins Hayes Leatherman Lourie Martin McConnell Mescher Peeler Richardson
Ritchie Ryberg Scott Thomas Verdin
Drummond Elliott Ford Hutto Jackson Knotts Land Leventis Malloy Matthews McGill Moore O'Dell Patterson Pinckney Reese Setzler Sheheen Short Williams
Having failed to receive the necessary vote, the motion to make the Bill a Special Order failed.
Senator MARTIN moved to dispense with the Motion Period.
A roll call vote was requested, but not ordered.
The Senate agreed to dispense with the Motion Period.
Senator RYBERG rose for an Expression of Personal Interest.
Senator RICHARDSON rose for an Expression of Personal Interest.
Senator SHEHEEN rose for an Expression of Personal Interest.
H. 4671 (Word version) -- Reps. G.M. Smith, Delleney and Harrison: A BILL TO AMEND SECTION 1-23-600, RELATING TO HEARINGS AND PROCEEDINGS THAT AN ADMINISTRATIVE LAW JUDGE SHALL PRESIDE OVER AND WHEN THE CLERK OF THE ADMINISTRATIVE LAW COURT MUST FILE A FINAL ORDER, TO AMEND SECTION 1-23-660, RELATING TO THE ADMINISTRATIVE LAW COURT DIVISION OF MOTOR VEHICLE HEARINGS, TO AMEND SECTION 56-1-370 AND SECTION 56-1-410, RELATING TO THE REVIEW OF THE CANCELLATION, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE, TO AMEND SECTION 56-1-1030 AND SECTION 56-1-1090, RELATING TO THE REVOCATION AND ISSUANCE OF THE DRIVER'S LICENSE OF A HABITUAL OFFENDER, TO AMEND SECTION 56-5-2951, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR HIS REFUSAL TO SUBMIT TO TESTING FOR ALCOHOL, TO AMEND SECTION 56-9-363, RELATING TO AN ADMINISTRATIVE HEARING TO CHALLENGE THE SUSPENSION OF A DRIVER'S LICENSE, TO AMEND SECTION 56-15-350, RELATING TO THE DENIAL, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE, TO REPEAL SECTION 56-5-2952, AND TO REPEAL SECTION 56-9-320.
(ABBREVIATED TITLE)
On motion of Senator HAWKINS, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator HAWKINS spoke on the report.
On motion of Senator HAWKINS, the Report of the Committee of Conference to H. 4671 was adopted as follows:
The Committee of Conference, to whom was referred L:\Jud\amend\crjud4671.doc:
H. 4671 (Word version) -- Reps. G.M. Smith, Delleney and Harrison: A BILL TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS THAT AN ADMINISTRATIVE LAW JUDGE SHALL PRESIDE OVER, SO AS TO DELETE THE PROVISION THAT EXCLUDES CERTAIN MOTOR VEHICLE RELATED HEARINGS AND PROCEEDINGS, TO PROVIDE THAT THE CLERK OF THE ADMINISTRATIVE LAW COURT MUST FILE A CERTIFIED COPY OF A FINAL ORDER WITH A CLERK OF THE CIRCUIT COURT UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THIS ORDER HAS THE SAME EFFECT AS A JUDGMENT OF THE COURT; TO AMEND SECTION 1-23-660, AS AMENDED, RELATING TO THE ADMINISTRATIVE LAW COURT DIVISION OF MOTOR VEHICLE HEARINGS, SO AS TO GIVE THE CHIEF JUDGE OF THE ADMINISTRATIVE LAW COURT THE AUTHORITY TO PROMULGATE RULES GOVERNING THE PRACTICE AND PROCEDURES BEFORE THE DIVISION WHICH ARE SUBJECT TO REVIEW BY THE SUPREME COURT; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN THE PROVISIONS RELATING TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE DEFINITIONS FOR CERTAIN TERMS THAT RELATE TO THE DIVISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-1-370, RELATING TO THE REVIEW OF THE CANCELLATION, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE, SO AS TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT OF MOTOR VEHICLES TO CONDUCT THE REVIEW AND PROVIDE THAT THE DIVISION OF MOTOR VEHICLE HEARINGS SHALL CONDUCT THESE PROCEEDINGS; TO AMEND SECTION 56-1-410, RELATING TO THE JUDICIAL REVIEW OF A DEPARTMENT OF MOTOR VEHICLES ORDER THAT CANCELS, SUSPENDS, OR REVOKES A DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES, SO AS TO DELETE THE PROVISIONS THAT RELATE TO THE REVIEW OF A DECISION OF THE DEPARTMENT OF MOTOR
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer's Version 3/14/06 -- S.)
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 1-23-600 of the 1976 Code, as last amended by Act 202 of 2004, is further amended to read:
"Section 1-23-600. (A) A full and complete record must be kept of all contested cases and regulation hearings before an administrative law judge. All testimony shall be reported, but need not be transcribed unless a transcript is requested by any party. The party requesting a transcript is responsible for the costs involved. Proceedings before administrative law judges are open to the public unless confidentiality is allowed or required by law. The presiding administrative law judge must render the decision in a written order. The decisions or orders of administrative law judges are not required to be published, but are available for public inspection unless the confidentiality thereof is allowed or required by law.
(B) An administrative law judge shall preside over all hearings of contested cases as defined in Section 1-23-310 involving the departments of the executive branch of government in which a single hearing officer is authorized or permitted by law or regulation to hear and decide such cases, except those arising under the Occupational Safety and Health Act, those matters which are otherwise provided for in Title 56, or those other cases or hearings which are prescribed for or mandated by federal law or regulation, unless otherwise by law specifically assigned to the jurisdiction of the Administrative Law Court.
(C) All requests for a hearing before the Administrative Law Court must be filed in accordance with the court's rules of procedure. Any party that files a request for a hearing with the Administrative Law Court must simultaneously serve a copy of the request on the affected agency. Upon the filing of the request, the chief judge shall assign an administrative law judge to the case.
(D) An administrative law judge also shall preside over all hearings of appeals from final decisions of contested cases before professional
(E) If a petition for judicial review of a final order of the Administrative Law Court is not filed in accordance with the provisions of Section 1-23-600, upon request of a party to the proceedings, the clerk of the Administrative Law Court must file a certified copy of the final order with a clerk of the circuit court, as requested, or court of competent jurisdiction, as requested. After filing, the certified order has the same effect as a judgment of the court where filed and may be recorded, enforced, or satisfied in the same manner as a judgment of that court."
SECTION 2. Section 1-23-660 of the 1976 Code, as last amended by Act 128 of 2005, is further amended to read:
"Section 1-23-660. There is created within the Administrative Law Court the Division of Motor Vehicle Hearings. The chief judge of the Administrative Law Court shall serve as the Director of the Division of Motor Vehicle Hearings. The duties, functions, and responsibilities of all hearing officers and associated staff of the Department of Motor Vehicles are devolved upon the Administrative Law Court effective January 1, 2006. The hearing officers and staff positions, together with the appropriations relating to these positions, are transferred to the Division of Motor Vehicle Hearings of the Administrative Law Court on January 1, 2006. The hearing officers and staff shall be appointed, hired, contracted, and supervised by the chief judge of the court and shall continue to exercise their present Department of Motor Vehicle functions, duties, and responsibilities under the auspices of the Administrative Law Court as directed by the chief judge and shall perform such other functions and duties as the chief judge of the court prescribes. All employees of the division shall serve at the will of the chief judge. The chief judge is solely responsible for the administration of the division, the assignment of cases, and the administrative duties and responsibilities of the hearing officers and staff. Notwithstanding another provision of law, the chief judge also has the authority to promulgate rules governing practice and procedures before the division. These rules are subject to review as are the rules of procedure promulgated by the Supreme Court pursuant to Article V of the South Carolina Constitution. Notwithstanding the foregoing, and in addition to the assistant provided for in Section 1-23-580(B), the Administrative Law Court must hire and supervise a law clerk or other assistant solely to assist the judges who hear Department of Motor Vehicle Hearing
The Budget and Control Board shall assist with all necessary actions to be taken to accomplish this transfer in consultation with the agency head of the transferring and receiving agencies.
Notwithstanding another provision of law, the hearing officers shall conduct hearings in accordance with Chapter 23 of Title 1, the Administrative Procedures Act, and the rules of procedure for the Administrative Law Court, at suitable locations as determined by the chief judge. For purposes of this section, any law enforcement agency that employs an officer who requested a breath test and any law enforcement agency that employs a person who acted as breath test operator resulting in a suspension pursuant to Sections 56-1-286 or 56-5-2951 is a party to the hearing and shall be served with appropriate notice, afforded the opportunity to request continuances and participate in the hearing, and provided a copy of all orders issued in the action. Representatives of the Department of Motor Vehicles are not required to appear at implied consent, habitual offender, financial responsibility, or point suspension hearings. The Department of Motor Vehicles shall continue to provide the existing locations within their facilities for such hearings as prescribed by the chief judge. The hearing officers are bound by the Code of Judicial Conduct, as contained in Rule 501 of the South Carolina Appellate Court Rules. Appeals from decisions of the hearing officers must be taken to the Administrative Law Court pursuant to the court's appellate rules of procedure. Tape recordings of all hearings will be made part of the record on appeal, along with all evidence introduced at hearings, and copies will be provided to parties to those appeals at no charge. The chief judge shall not hear any appeals from these decisions. Nonetheless, the chief judge is not disqualified from, and remains responsible for, adjudicating cases under Section 1-23-600."
SECTION 3. Section 56-1-10 of the 1976 Code, as last amended by Act 170 of 2005, is further amended by adding at the end:
"(23) 'Division of Motor Vehicle Hearings' means the Division of Motor Vehicle Hearings created by Section 1-23-660. The Division of Motor Vehicle Hearings conducts all hearings or administrative hearings arising from department actions.
(24) 'Administrative hearing' means a 'contested case hearing' as defined in Section 1-23-310. It is a hearing conducted pursuant to the South Carolina Administrative Procedures Act."
SECTION 4. Section 56-1-370 of the 1976 Code is amended to read:
"Section 56-1-370. The licensee may, within ten days after notice of suspension, cancellation, or revocation, except in cases where the suspension, cancellation, or revocation is made mandatory upon the Department of Motor Vehicles, request in writing a review and upon receipt of the request the department shall afford him a review an administrative hearing with the Division of Motor Vehicle Hearings in accordance with the rules of procedure of the Administrative Law Court and the State Administrative Procedures Act, in the judicial circuit where the licensee was arrested unless the department Division of Motor Vehicle Hearings and the licensee agree that the review hearing may be held in some other another jurisdiction. The review may hearing must be held heard by a duly authorized agent of the department hearing officer of the Division of Motor Vehicle Hearings. Upon the review, the department hearing officer shall either rescind it's the department's order of suspension, cancellation, or revocation or, good cause appearing therefor, may continue, modify, or extend the suspension, cancellation, or revocation of the license."
SECTION 5. Section 56-1-1030 of the 1976 Code is amended to read:
"Section 56-1-1030. When a person is convicted of one or more of the offenses listed in Section 56-1-1020(a), (b), or (c), the Department of Motor Vehicles must review its records for that person. If the department's department determines after review of its records shows that the person is an habitual offender as defined in Section 56-1-1020, the department must institute agency proceedings in accordance with the Administrative Procedures Act to revoke or suspend the person's driver's license except that appeals under this section must be made to the appropriate magistrate's court as set forth below revoke or suspend the person's driver's license.
If after appropriate proceedings, the department finds the person to be an habitual offender, the department shall direct the person not to operate a motor vehicle on the highways of this State and to surrender his driver's license or permit to the department. A resident of South Carolina found to be an habitual offender may appeal the decision to the chief magistrate in the county in which the appellant resides Division of Motor Vehicle Hearings in accordance with its rules of
SECTION 6. Section 56-1-1090 of the 1976 Code is amended to read:
"Section 56-1-1090. No license to operate motor vehicles in this State may be issued to an habitual offender nor shall a nonresident habitual offender operate a motor vehicle in this State:
(a) for a period of five years from the date of a final decision by the Department of Motor Vehicles that a person is an habitual offender and if, upon appeal, the finding is sustained by a magistrate unless the period is reduced to two years as permitted in item (c);
(b) until financial responsibility requirements are met;
(c) until, upon petition to the Division of Motor Vehicle Hearings and for good cause shown, the department hearing officer may restore to the person the privilege to operate a motor vehicle in this State upon terms and conditions as the department may prescribe, subject to other provisions of law relating to the issuance of drivers' licenses. The petition permitted by this item may be filed after one year has two years have expired from the date of the decision of the department finding the person to be an habitual offender. At this time and after hearing, the department hearing officer may reduce the five-year period of item (a) to a two-year period for good cause shown. If the two-year period is granted, it must run from the date of the final decision of the department hearing officer. If the two-year period is not granted, no petition may be filed again until after five years have expired from the date of the decision of the department hearing officer. However, a petition or court order is not required for the restoration of driving privileges, and the issuance of a license after the five-year waiting period has expired and all financial responsibilities have been fulfilled."
SECTION 7. Section 56-5-2951(F) and (G) of the 1976 Code is amended to read:
"(F) An administrative hearing must be held within thirty days after the request for the hearing is received by the Department of Motor Vehicles Division of Motor Vehicle Hearings. If the department Division of Motor Vehicle Hearings does not hold the hearing within thirty days, the Division of Motor Vehicle Hearings must issue a written order must be issued by the department within thirty days. The order must set forth,stating the reasons why the hearing was not held within thirty days, and a new providing a schedule date for the hearing
(1) was lawfully arrested or detained;
(2) was advised in writing of the rights enumerated in Section 56-5-2950;
(3) refused to submit to a test pursuant to Section 56-5-2950; or
(4) consented to taking a test pursuant to Section 56-5-2950, and the:
(a) reported alcohol concentration at the time of testing was fifteen one- hundredths of one percent or more;
(b) individual who administered the test or took samples was qualified pursuant to Section 56-5-2950;
(c) tests administered and samples obtained were conducted pursuant to Section 56-5-2950; and
(d) the machine was working properly.
Nothing in this section prohibits the introduction of evidence at the administrative hearing on the issue of the accuracy of the breath test result.
A written order must be issued to the person all parties either reversing or upholding the suspension of the person's license, permit, or nonresident's operating privilege, or denying the issuance of a license or permit within thirty days after the conclusion of the administrative hearing. If the suspension is upheld, the person must receive credit for the number of days his license was suspended before he received a temporary alcohol restricted license and requested the administrative hearing.
(G) An administrative hearing is a contested case proceeding under the Administrative Procedures Act, and a person has a right to judicial review appeal the decision of the hearing officer pursuant to that act to the Administrative Law Court in accordance with its appellate rules. The filing of a petition for review an appeal stays the suspension until a final decision is issued on appeal."
SECTION 8. Section 56-1-286(O) and (P) of the 1976 Code is amended to read:
"(O) An administrative hearing must be held within thirty days after the request for the hearing is received by the department Division of Motor Vehicle Hearings. If the department Division of Motor Vehicle
(1) was lawfully arrested or detained;
(2) was advised in writing of the rights enumerated in subsection (I);
(3) refused to submit to a test pursuant to this section; or
(4) consented to taking a test pursuant to this section, and the:
(a) reported alcohol concentration at the time of testing was two one- hundredths of one percent or more;
(b) individual who administered the test or took samples was qualified pursuant to this section;
(c) test administered and samples taken were conducted pursuant to this section; and
(d) the machine was operating properly.
Nothing in this section prohibits the introduction of evidence at the administrative hearing on the issue of the accuracy of the breath test result.
A written order must be issued to the person all parties either reversing or upholding the suspension of the person's license, permit, or nonresident's operating privilege, or denying the issuance of a license or permit within thirty days after the conclusion of the administrative hearing. If the suspension is upheld, the person must receive credit for the number of days his license was suspended before he received a temporary alcohol restricted license and requested the administrative hearing.
(P) An administrative hearing is a contested proceeding under the Administrative Procedures Act, and a person has a right to judicial review appeal the decision of the hearing officer pursuant to that act to the Administrative Law Court in accordance with its appellate rules. The filing of a petition for review an appeal shall stay the suspension until a final decision is issued."
SECTION 9. Section 56-9-363 of the 1976 Code is amended to read:
"Section 56-9-363. The Department of Motor Vehicles may in the administration of this article prescribe such form as it may deem necessary and require individuals to file sworn affidavits substantiating any claims for damages should the need arise. Any person whose driving privilege becomes subject to suspension or is suspended under the provisions of this article may request an informal administrative hearing with the Division of Motor Vehicle Hearings prior to the suspension or within thirty days after written notice of the suspension in order that he might prove to the Department that no reasonable possibility exists that a civil court might enter a judgment against him as a result of the accident in question. The hearing so conducted shall not be bound by the rules of the law and shall be informal. The petitioner may present witnesses and any other evidence which he deems necessary to produce and he shall bear the costs thereof. Any person aggrieved by the decision of the Department hearing officer following the hearing may file a petition in the circuit court of the county in which he resides for a trial de novo an appeal with the Administrative Law Court in accordance with its appellate rules."
SECTION 10. Section 56-15-350 of the 1976 Code is amended to read:
"Section 56-15-350. Any license issued under this chapter may be denied, suspended, or revoked, if the applicant or licensee or an agency of the applicant or licensee acting for the applicant or licensee is determined by the Department of Motor Vehicles to have:
(a) Made made a material misstatement in the application for the license;
(b) Violated violated any provision of this chapter;
(c) Been been found by a court of competent jurisdiction to have committed any fraud connected with the sale or transfer of a motor vehicle;
(d) Employed employed fraudulent devices, methods, or practices in connection with meeting the requirements placed on dealers and wholesalers by the laws of this State;
(e) Been been convicted of any violation of law involving the acquisition or transfer of a title to a motor vehicle or of any violation of law involving tampering with, altering, or removing motor vehicle identification numbers or markings;
(f) Been been found by a court of competent jurisdiction to have violated any federal or state law regarding the disconnecting, resetting, altering, or other unlawful tampering with a motor vehicle odometer, including the provisions of 15 U.S.C. Sections 1981-1991;
(g) Refused refused or failed to comply with the department's reasonable requests to inspect or copy the records, books, and files of the dealer or wholesaler or failed to maintain records of each motor vehicle transaction as required by this chapter or by state and federal law pertaining to odometer records; or
(h) Given given, loaned, or sold a dealer license plate to any person or otherwise to have allowed the use of any dealer license plate in any way not authorized by Section 56-3-2320. Any dealer license plate issued to a dealer or wholesaler pursuant to Section 56-3-2320 which is determined by the department to be improperly displayed on any vehicle or in the possession of any unauthorized person is prima facie evidence of a violation of this section by the dealer or wholesaler to whom the license plate was originally issued.
The Department department shall notify the licensee or applicant in writing at the mailing address provided in his application of its intention to deny, suspend, or revoke his license at least twenty days in advance and shall provide inform the licensee an opportunity for a hearing of his right to request an administrative hearing with the Division of Motor Vehicle Hearings in accordance with the rules of procedure for the Administrative Law Court and pursuant to the Administrative Procedures Act of this State. A licensee desiring a hearing shall file a request it in writing with the Division of Motor Vehicle Hearings within ten days of receiving notice of the proposed denial, suspension, or revocation of his dealer's or wholesaler's license.
Upon the a denial, suspension, or revocation of a license, the licensee shall immediately return to the department the license and all dealer license plates."
SECTION 11. Sections 56-1-410, 56-5-2952, and 56-9-320 of the 1976 Code are repealed.
SECTION 12. Section 56-5-4160 of the 1976 Code is amended to read:
"Section 56-5-4160. (A) An officer or agent of the Department of Public Safety having reason to believe that the weight of a vehicle and load is unlawful may require the driver to stop and submit to a weighing of the vehicle and load either by means of portable or stationary scales and may require that the vehicle be driven to the nearest public scales. Whenever an officer upon weighing a vehicle and load determines that the weight is unlawful, he may require the driver to stop the vehicle in a suitable place and remain standing until the portion of the load necessary to reduce the axle weight, or gross weight of the vehicle, or both, to the limits permitted under this chapter
(B) A person who operates a vehicle on a public highway whose axle weight is in excess of the limits imposed by Section 56-5-4130 or 56-5-4140 is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars five cents per pound or imprisoned not more than thirty days, or both. If a vehicle does not exceed the gross weight limits provided for by this article, and the axle weight limits are not exceeded by more than five percent including enforcement tolerances, the fine imposed is reduced by fifty percent with a minimum fine of twenty-five dollars.
(C) A person who operates a vehicle found to exceed the excess gross weight limitations imposed by Section 56-5-4130 or 56-5-4140 is guilty of a misdemeanor and, upon conviction, shall pay to the Department of Public Safety a fine based on the following scale:
POUNDS OF EXCESS AMOUNT OF FINE
WEIGHT IN DOLLARS
(1) 500-- 1500 lbs.: $25.00
(2) 1501-- 2500 lbs.: 45.00
(3) 2501-- 3500 lbs.: 60.00
(4) 3501-- 4250 lbs.: 135.00
(5) 4251-- 5250 lbs.: 180.00
(6) 5251-- 6250 lbs.: 300.00
(7) 6250-- 7250 lbs.: 460.00
(8) 7251-- 8250 lbs.: 600.00
(9) 8251--10250 lbs.: 700.00
(10) 10251--lbs. and over: 10 cents for each pound
(1) 500-3,500 pounds: four cents per pound over weight limit;
(2) 3,501-6000 pounds: six cents per pound over weight limit, beginning with the first pound in excess;
(3) 6,001 pounds and over: ten cents per pound over weight limit, beginning with the first pound in excess.
The fine imposed pursuant to items (1), and (2), (3), (4), (5) and (6) must be equal to one-half the rate for vehicles transporting raw farm or forest products from the farm or forest to the first market, or by fully enclosed motor vehicles designed specifically for collecting,
If the operator of the vehicle, upon conviction, fails to remit the fine imposed by this subsection to the Department of Public Safety, the owner of the vehicle is responsible for remitting the fine. The court is prohibited from suspending any portion of this fine.
(D)(1) A person who operates a vehicle found to have out-of-service violations, other than violations of brakes out of adjustment and lighting violations which can be repaired at the scene, detected during a roadside inspection, is guilty of a misdemeanor and, upon conviction, shall pay to the Department of Public Safety a fine of two hundred dollars.
(2)(a) An individual who operates a commercial motor vehicle on a public highway whose vehicle or driver is in violation of the out-of-service order as defined in 49 CFR 390.5 is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars.
(b) A company or individual who operates or allows a commercial motor vehicle to be operated on a public highway in violation of a motor carrier operation out-of-service order, or order to cease operation, is guilty of a misdemeanor and, upon conviction, must be fined one thousand dollars.
(3) If the operator of the vehicle, upon conviction, fails to remit the fine imposed by this subsection to the Department of Public Safety, the owner of the vehicle is responsible for remitting the fine. The court is prohibited from suspending any portion of this fine.
(D)(E) At the time that a uniform size, and weight, and safety citation is issued pursuant to this section, the officer or agent who is authorized to issue the citation must inform the individual receiving the citation that he has the option, at that time, to elect to pay his fine directly to the Department of Public Safety or to receive a hearing in magistrates magistrate's court. If the individual at the time the citation is issued elects to pay his fine directly to the department within fourteen twenty-eight days, as specified on the citation, no assessments
(E)(F) Magistrates have jurisdiction of all contested violations of this section. All monies collected pursuant to Section 56-5-4160 must be forwarded to the Department of Public Safety as provided for in this section. A magistrate, within forty-five days, must forward all monies collected to the department for deposit in the account established in this section. The department shall use these monies to establish and maintain automated data bases, to upgrade and refurbish existing weigh stations, to purchase and maintain portable scales, to hire additional other funded troopers or State Transport Police officers Officers, to purchase equipment for State Transport Police Officers, and to procure other commercial motor vehicle safety measures, and fund other commercial motor vehicle safety programs that the department considers necessary. The fine may be deposited with the arresting officer or a person the department may designate. The fine must be deposited in full or other arrangements satisfactory to the department for payment must be made before the operator is allowed to move the vehicle. If there is no conviction, the fine must be returned to the owner promptly.
'Conviction', as used in this section, also includes the entry of a plea of guilty or nolo contendere and the forfeiture of bail or collateral deposited to secure a defendant's presence in the court.
If the fine is not paid in full to the Department of Public Safety within forty-five days after conviction, the license and registration of the vehicle found to violate Section 58-23-1120 or Regulations 38-423 et seq. or exceed the limits imposed by Section 56-5-4130 or 56-5-4140 must be suspended. The owner of the vehicles immediately shall return the license and registration of the vehicle to the Department of Motor Vehicles. If a person fails to return them as provided in this section, the Department of Motor Vehicles may secure possession of them by a commissioned trooper or officer. The suspension continues until the fine is paid in full.
(F)(G) The Department of Public Safety shall provide a separate uniform citation to be used by the Size and Weight State Transport Police Division of the Department of Public Safety. The uniform citation must be used for all size, and weight, and safety violations
(G)(H) The issuance of a uniform citation to the operator of a vehicle for a violation of this section, Section 58-23-1120, or Regulations 38-423 et seq. constitutes notice to the owner of the violation. The uniform citation must include the following language in bold letters to be printed across the bottom of the citation 'THE ISSUANCE OF SIZE, AND WEIGHT, AND SAFETY UNIFORM CITATION TO THE OPERATOR OF A VEHICLE CONSTITUTES NOTICE TO THE OWNER OF A SIZE, AND WEIGHT OR SAFETY VIOLATION'.
(I) An individual who fails to conduct a safety inspection of a vehicle as required by Part 396 of the Federal Motor Carrier Safety Regulations or fails to have in his possession documentation that an inspection has been performed must be fined one hundred dollars per vehicle operated in violation of this subsection.
(J) Motor carriers, officers, or agents in charge of them, who fail or refuse to permit authorized State Transport Police representatives or employees to examine and inspect their books, records, accounts and documents, or their plants, property, or facilities, as provided by law and with reasonable notice, are guilty of a misdemeanor. Each day of such failure or refusal constitutes a separate offense and each offense is punishable by a fine of one thousand dollars.
(H)(K) Notwithstanding any other provision of law, all fines collected pursuant to this section must be deposited into an account in the Office of the State Treasurer and called the 'Size, and Weight, and Safety Revitalization Program Fund for Permanent Improvements.' Monies credited to the fund may only be expended as authorized in item (E)(F) of this section."
SECTION 13. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 14. SECTION 12 of this act takes effect ninety days after approval by the Governor. The remaining SECTIONS contained in this act take effect upon approval by the Governor. /
Amend title to conform.
/s/ Sen. John Hawkins /s/ Rep. James Harrison /s/ Sen. Jim Ritchie /s/ Rep. Fletcher Smith, Jr. /s/ Sen. Linda H. Short /s/ Rep. G. Murrell Smith, Jr. On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.
S. 1346 (Word version) -- Senator Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-115 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL PROVIDE PUBLIC NOTICE PRIOR TO THE ISSUANCE OF A CONSTRUCTION PERMIT FOR A FACILITY THAT STORES SLUDGE OR OTHER RESIDUALS AND THAT IS NOT LOCATED AT THE SITE OF AN EXISTING WASTEWATER OR SLUDGE TREATMENT FACILITY.
The House returned the Bill with amendments.
The Senate proceeded to a consideration of the Bill, the question being concurrence in the House amendments.
Senators GROOMS and SHEHEEN proposed the following amendment (1346R001.LKG), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 1, Title 48 of the 1976 Code is amended by adding:
"Section 48-1-115. The department shall provide public notice before issuing a construction permit pursuant to Regulation 61-67 for a facility that stores sludge or other residuals, or any combination of
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator SHEHEEN explained the amendment.
The amendment was adopted.
Senator HUTTO proposed the following amendment (1346R002.CBH), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___.A. The General Assembly finds that adding Section 58-5-70 to the 1976 Code, in Part B of this SECTION, is intended to clarify the General Assembly's intent that all inhabitants of a municipality are entitled to equal access to the governmental function of municipal water and sewer service without discrimination, and that no other provision of law should be interpreted otherwise to underscore the General Assembly's recognition in Section 58-5-70 that the dwellings, commercial buildings, or other structures within the territorial limits of a city or town which operates water or sewer utility systems as authorized under Article VIII, Section 16 of the Constitution and Section 5-31-610, and to recognize that the provision of water and sewer service by municipalities is an exercise of the police power, which may not be exercised for the benefit of particular individuals or classes of individuals.
B. Article 1, Chapter 5, Title 58 of the 1976 Code is amended by adding:
"Section 58-5-70. Upon the written request of a property owner requesting the municipality to extend water or sewer service, the municipality shall provide the service and levy an assessment against the property of the owner requesting the service for the costs of the service according to provisions of this section. The property owner shall agree to pay the costs either by (1) paying the costs before the municipality begins construction or (2) insuring the costs in the form of a performance bond before the municipality begins construction. This section applies only to property located within the corporate limits of a
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
Senator LEVENTIS spoke on the amendment.
Senator SHEHEEN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator LEVENTIS spoke on the Point of Order.
The PRESIDENT Pro Tempore sustained the Point of Order.
The amendment was ruled out of order.
The Bill was ordered returned to the House, as amended.
S. 991 (Word version) -- Senators Ryberg, Land and Moore: A BILL TO AMEND SECTION 34-21-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SECURING OF FUNDS RECEIVED OR HELD IN TRUST BY A BANK OR TRUST COMPANY, SO AS TO FURTHER PROVIDE FOR ACCEPTABLE FORMS OF SECURITY.
The House returned the Bill with amendments.
On motion of Senator RYBERG, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
H. 3588 (Word version) -- Reps. Whipper, Sinclair, J.H. Neal, Brady, Barfield, Weeks, Hosey, Govan, Lucas, Harrison, Anderson, Bowers, Breeland, Hamilton, Haskins, Hayes, M. Hines, Littlejohn, Mahaffey, Phillips, Pinson, W.D. Smith, Taylor, Walker, Bailey and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
With Senator RANKIN retaining the floor, Senator MARTIN asked unanimous consent to make a motion to carry over the Bill.
The Bill was carried over, with Senator RANKIN retaining the floor.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.
S. 1030 (Word version) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis, Ford and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 1 TO TITLE 28 SO AS TO ENACT THE SOUTH CAROLINA PRIVATE PROPERTY RIGHTS PROTECTION ACT; TO AMEND SECTIONS 28-2-60, AND 28-2-210, RELATING TO EMINENT DOMAIN BY SUBSTITUTING "PUBLIC USE" FOR "PUBLIC PURPOSE"; TO AMEND SECTION 28-11-30, RELATING TO ACQUISITIONS OF REAL PROPERTY BY STATES AND POLITICAL SUBDIVISIONS, SO AS TO SUBSTITUTE "PUBLIC BODY" FOR "ENTITY"; TO AMEND SECTION 4-9-30, AS AMENDED, RELATING TO A COUNTY'S POWERS UNDER THE ALTERNATE FORMS OF GOVERNMENT, SO AS TO REQUIRE A COUNTY TO ADHERE TO STATEWIDE STANDARDS OF EXERCISING EMINENT DOMAIN AND DELETE PROVISIONS CONCERNING THE USE OF EMINENT DOMAIN TO UNDERTAKE AND CARRY OUT CLEARANCE AND REDEVELOPMENT OF BLIGHTED OR SLUM PROPERTY; AND TO AMEND SECTION 5-7-50, RELATING TO A
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senators HUTTO and CAMPSEN proposed the following Amendment No. 1 (JUD1030.022), which was adopted:
Amend the bill, as and if amended, page 4, SECTION 1, Section 28-1-40(E)(2)(a), by striking line 30 and inserting:
/ (a) the condemnee files with the clerk of court or register /
Amend, the bill further, as and if amended, page 5, by striking line 20, in Section 28-1-40(G)(2), as contained in SECTION 1, and inserting therein the following:
/ (2) The right of first refusal expires if the condemnee, his agent, or an assignee fails to /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senator HUTTO spoke on the Bill.
At 5:00 P.M., Senator MARTIN assumed the Chair.
Senator HUTTO spoke on the Bill.
On motion of Senator KNOTTS, the Bill was read the second time, passed and ordered to a third reading.
H. 4662 (Word version) -- Reps. White, Cooper, Leach, Martin, Sandifer and Skelton: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL
Senator LEATHERMAN asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
The Bill was recalled from the Committee on Finance and ordered placed on the Calendar for consideration tomorrow.
On motion of Senator MARTIN, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:
Having received a favorable report from the Committee on Agriculture and Natural Resources, the following appointments were confirmed in open session:
Initial Appointment, Central Drought Response Committee, with term to commence March 1, 2004, and to expire March 1, 2008
Power Generation:
William M. Stroud, Wylie Hydro Plant, 2701 Gray Rock, Fort Mill, S.C. 29708
Reappointment, South Carolina Mining Council, with term to commence June 30, 2006, and to expire June 30, 2010
Mining Industry:
James W. Holmes, U. S. Silica Co., 5263 Edmund Hwy., West Columbia, S.C. 29170
Having received a favorable report from the Committee on Banking and Insurance, the following appointments were confirmed in open session:
Initial Appointment, South Carolina State Board of Financial Institutions, with term to commence June 30, 2005, and to expire June 30, 2009
Consumer Financial Institutions:
A. Gregory Williams, 100 Roscommon Run, Moore, S.C. 29369 VICE Albert Jackson
Reappointment, South Carolina State Board of Financial Institutions, with term to commence June 30, 2006, and to expire June 30, 2010
Credit Unions:
William Baker Varn, SPC Cooperative Credit Union, P. O. Box 1355, Hartsville, S.C. 29551
Initial Appointment, South Carolina Commission on Consumer Affairs, with term to commence September 1, 2004, and to expire September 1, 2008
At-Large:
Carole C. Wells, 336 Winding Oak Drive, Woodruff, S.C. 29388 VICE Steven Michael Calcutt (resigned)
Having received a favorable report from the Committee on Fish, Game and Forestry, the following appointments were confirmed in open session:
Reappointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 2006, and to expire July 1, 2010
At-Large:
Michael G. McShane, 1501 Ravens Point Road, Johns Island, S.C. 29455
Reappointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 2006, and to expire July 1, 2010
3rd Congressional District:
Stephen L. Davis, Davis & Floyd, Inc., P. O. Box 428, Greenwood, S.C. 29648
Reappointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 2006, and to expire July 1, 2010
5th Congressional District:
Frank Murray, Jr., 558 Christopher Lane, Chester, S.C. 29706
Initial Appointment, Atlantic States Marine Fisheries Commission, with term to commence June 30, 2003, and to expire June 30, 2006
South Carolina:
Dr. Malcolm McLeod Rhodes, 7 Guerard Rd., Charleston, S.C. 29407 VICE David Cupka
Reappointment, Atlantic States Marine Fisheries Commission, with term to commence June 30, 2006, and to expire June 30, 2009
South Carolina:
Dr. Malcolm McLeod Rhodes, 7 Guerard Rd., Charleston, S.C. 29407
Having received a favorable report from the Committee on Judiciary, the following appointments were confirmed in open session:
Initial Appointment, Maritime Security Commission, with term to commence July 31, 2005, and to expire July 31, 2007
Commercial Maritime Community:
Thomas D. Eason, Eason Diving & Marine Construction, P. O. Box 70040, Charleston, S.C. 29415
Reappointment, South Carolina Foster Care Review Board, with term to commence June 30, 2006, and to expire June 30, 2010
At-Large:
Vernon Lee McCurry, 114 Merrifield Dr., Greenville, S.C. 29615
Initial Appointment, South Carolina Foster Care Review Board, with term to commence June 30, 2005, and to expire June 30, 2009
6th Congressional District:
Kenneth Mance, 1510 Brogdon Road, Alcolu, S.C. 29001 VICE Carrie Sinkler-Parker
Reappointment, State Advisory Committee on Educational Requirements for Local Government, with term to commence June 30, 2006, and to expire June 30, 2010
Planner:
Donna S. London, Strom Thurmond Inst. of Gov. and Public Affairs, Silas Pearman Blvd., Clemson, S.C. 29634-0125
Initial Appointment, South Carolina Crime Victims' Advisory Board, with term to commence August 1, 2004, and to expire August 1, 2009
Court / Victim Assistant:
Deborah C. Downs, 795 Gilliam Road, Greer, S.C. 29651 VICE Barbara Grissom
Having received a favorable report from the Committee on Labor, Commerce and Industry, the following appointments were confirmed in open session:
Initial Appointment, South Carolina Board of Occupational Therapy, with term to commence September 30, 2003, and to expire September 30, 2006
Therapist:
Ricardo Holmes, Sr., P. O. Box 290663, Columbia, S.C. 29229-0012 VICE Celeste Ranon
Reappointment, South Carolina Board of Occupational Therapy, with term to commence September 30, 2006, and to expire September 30, 2009
Therapist:
Ricardo Holmes, Sr., P.O. Box 290663, Columbia, S.C. 29229-0012
Reappointment, South Carolina Board of Occupational Therapy, with term to commence September 30, 2003, and to expire September 30, 2006
Therapist:
Dr. Lesly S. Wilson, 2018 Watermark Place, Columbia, S.C. 29210
Reappointment, South Carolina Board of Occupational Therapy, with term to commence September 30, 2006, and to expire September 30, 2009
Therapist:
Dr. Lesly S. Wilson, 2018 Watermark Place, Columbia, S.C. 29210
Initial Appointment, South Carolina Board of Occupational Therapy, with term to commence September 30, 2005, and to expire September 30, 2008
Occupational Therapy Assistant:
Ms. Linda H. Remick, Interim Healthcare, P. O. Box 12243, Greenville, S.C. 29612
Initial Appointment, South Carolina Board of Occupational Therapy, with term to commence September 30, 2005, and to expire September 30, 2008
Therapist:
Susan M. Hardin, 897 Hermitage Pond Road, Camden, S.C. 29020 VICE Mano Canelon
Initial Appointment, South Carolina State Board of Cosmetology, with term to commence March 20, 2005, and to expire March 20, 2009
Cosmetologist:
Kristy Olson McMillan, 5096 Old York Course, Hollywood, S.C. 29455 VICE Pat Adams
Having received a favorable report from the Committee on Medical Affairs, the following appointments were confirmed in open session:
Initial Appointment, South Carolina Commission on Disabilities and Special Needs, with term to commence June 30, 2004, and to expire June 30, 2008
2nd Congressional District:
Mary Katherine Miller, 1940 Old Neck Road, Columbia, S.C. 29206 VICE Alicia Harvey
Initial Appointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 2004, and to expire April 1, 2008
Interested Party:
Royce J. Carter, 108 Wineberry Way, Greenville, S.C. 29615 VICE Sharon D. Madison
Initial Appointment, South Carolina Commission on Disabilities and Special Needs, with term to commence June 30, 2006, and to expire June 30, 2010
5th Congressional District:
Dr. Otis D. Speight, 2098 Diamond Head Circle, Tega Cay, S.C. 29708 VICE Billy Alexander
Reappointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 2004, and to expire April 1, 2008
Pee Dee - Recipient/Donor/Family:
George P. Sawyer, Jr., PhD., Coker College, 300 East College Ave., Hartsville, S.C. 29550
Reappointment, South Carolina Commission on Disabilities and Special Needs, with term to commence June 30, 2006, and to expire June 30, 2010
6th Congressional District:
Audrey Ingle Horne, 110 Bryant Street, St. George, S.C. 29477
Initial Appointment, South Carolina State Board of Nursing, with term to commence December 31, 2005, and to expire December 31, 2009
Public:
Trey Pennington, Hidden Treasures, 500 West Lee Road, Taylors, S.C. 29687 VICE James Rogers
Initial Appointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 2006, and to expire April 1, 2010
Interested Party:
Patricia R. Thompson, 501 Devenger Rd., Greer, S.C. 29650 VICE Betty Henderson
Initial Appointment, State Board of Examiners in Speech-Language Pathology and Audiology, with term to commence June 1, 2005, and to expire June 1, 2009
Speech-Language Pathologist:
Lily Nalty, 88 Hillmark Dr., Columbia, S.C. 29210 VICE Martha S. McDade
Initial Appointment, Medical Diciplinary Commission of the State Board of Medical Examiners, with term to commence July 1, 2006, and to expire July 1, 2009
4th Congressional District:
Rev. Doc. Stephen Samuel Lomax, 331 Pollard Road, Simpsonville, S.C. 29681
Initial Appointment, Medical Diciplinary Commission of the State Board of Medical Examiners, with term to commence July 1, 2005, and to expire July 1, 2008
Public/Layman:
George O. Hallman, Jr., Scott Law Firm, P. A., P. O. Box 2065, Columbia, S.C. 29202 VICE New Seat
Initial Appointment, South Carolina State Board of Podiatry Examiners, with term to commence March 1, 2006, and to expire March 1, 2008
Podiatrist - Lower District:
Paul J. Shromoff, Lowcountry Family Podiatry, PA, 9313 Medical Plaza Dr., Suite 301, North Charleston, S.C. 29406 VICE Richard Webber
Having received a favorable report from the Chesterfield County Delegation, the following appointments were confirmed in open session:
Reappointment, Chesterfield County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010
Elizabeth F. Gulledge, P. O. Box 131, Ruby, S.C. 29741
Reappointment, Chesterfield County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010
Richard R. Lee, 1486 Hinson Hill Road, Cheraw, S.C. 29520
Reappointment, Chesterfield County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010
Ronald Davis Cundiff, 105 State Road, Cheraw, S.C. 29520
Reappointment, Chesterfield County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010
Gary R. Faulkenberry, P. O. Box 133, Pageland, S.C. 29728
Initial Appointment, Chesterfield County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Sarah Francis Lisenby, 113 Green Street, Chesterfield, S.C. 29709 VICE Harold Conway
Reappointment, Chesterfield County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010
Sarah Francis Lisenby, 113 Green Street, Chesterfield, S.C. 29709
Having received a favorable report from the Florence County Delegation, the following appointments were confirmed in open session:
Reappointment, Florence County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010
Roger Neron Langley, P. O. Box 904, Johnsonville, S.C. 29555
Reappointment, Florence County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010
John L. Miles, 152 East Friendfield Rd., Coward, S.C. 29583
Reappointment, Florence County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010
Taft Guiles, 1904 Grant Road, Pamplico, S.C. 29583
On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Earle B. Gregory of Rock Hill, S.C.
At 5:26 P.M., on motion of Senator PEELER, the Senate adjourned to meet tomorrow at 11:00 A.M.
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