Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on June 16, 2011, at 2:00 P.M. and the following Acts and Joint Resolutions were ratified:

(R97, S. 336 (Word version)) -- Senator Grooms: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-7-35 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER WHO ISSUES A UNIFORM TRAFFIC TICKET FOR A VIOLATION OF A LOCAL ORDINANCE OR TRAFFIC LAWS RELATING TO SPEEDING OR DISREGARDING A TRAFFIC CONTROL DEVICE MUST ISSUE IT INCIDENT TO AND CONTEMPORANEOUS WITH A TRAFFIC STOP, TO PROVIDE THAT A CITATION ISSUED PURSUANT TO A LOCAL ORDINANCE OR TRAFFIC LAW MAY NOT BE BASED UPON PHOTOGRAPHIC EVIDENCE, HOWEVER, THIS EVIDENCE MAY BE USED TO CORROBORATE THE TESTIMONY OF A LAW ENFORCEMENT OFFICER WHO OBSERVED THE OFFENSE, AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO TOLL COLLECTION; TO AMEND SECTION 56-5-710, RELATING TO A LOCAL AUTHORITY'S RIGHT TO REGULATE ITS STREETS AND HIGHWAYS AND TRAFFIC ALONG ITS STREETS AND HIGHWAYS, SO AS TO PROVIDE THAT A LOCAL AUTHORITY MAY NOT ISSUE A UNIFORM TRAFFIC CITATION FOR VIOLATING A LOCAL ORDINANCE OR THE TRAFFIC LAWS RELATING TO SPEEDING OR DISREGARDING TRAFFIC CONTROL DEVICES BASED UPON PHOTOGRAPHIC EVIDENCE; TO AMEND SECTION 56-5-70, AS AMENDED, RELATING TO THE SUSPENSION OF REQUIREMENTS RELATING TO THE REGISTRATION, PERMITTING, LENGTH, WIDTH, WEIGHT, LOAD, AND TIME OF SERVICE FOR CERTAIN VEHICLES DURING A STATE OF EMERGENCY, SO AS TO REVISE THE PROVISION THAT PROVIDES FOR THE ISSUANCE OF CITATIONS FOR VIOLATING CERTAIN TRAFFIC LAWS BASED ON PHOTOGRAPHIC EVIDENCE BY PROVIDING THAT IT ALSO APPLIES TO VIOLATIONS OF LOCAL ORDINANCES, VIOLATIONS BASED IN WHOLE OR IN PART ON PHOTOGRAPHIC EVIDENCE, WHETHER GATHERED IN CONJUNCTION WITH RADAR SPEED DETECTION DEVICES AND WHETHER THE CAMERA OR OTHER ELECTRONIC DEVICE CAPTURING THE EVIDENCE WAS ATTENDED OR UNATTENDED AT THE TIME IT CAPTURED THIS PHOTOGRAPHIC EVIDENCE, AND TO PROVIDE THE CIRCUMSTANCE WHEN A PERSON WHO RECEIVED A CITATION BASED ON PHOTOGRAPHIC EVIDENCE MAY BE SERVED NOTICE OF THE VIOLATION AFTER ONE HOUR OF THE OCCURRENCE OF THE VIOLATION; AND TO PROVIDE FOR THE ESTABLISHMENT OF THE SOUTH CAROLINA TRAFFIC ENFORCEMENT COMMISSION, AND ITS MEMBERSHIP, POWERS AND DUTIES.

(R98, S. 913 (Word version)) -- Senator Sheheen: A JOINT RESOLUTION TO ESTABLISH THE KERSHAW COUNTY HOUSING AUTHORITY; TO PROVIDE THAT POWERS AND DUTIES OF THE AUTHORITY ARE VESTED IN THE KERSHAW COUNTY HOUSING AUTHORITY COMMISSION AND TO ESTABLISH TERMS FOR THE COMMISSIONERS; TO PROVIDE FOR THE HOUSING AUTHORITY'S FUNCTIONS, RIGHTS, POWERS, DUTIES, AND LIABILITIES; AND TO PROVIDE THAT THE SOUTH CAROLINA STATE HOUSING FINANCE AND DEVELOPMENT AUTHORITY SHALL REMAIN THE LOCAL HOUSING AGENCY IN KERSHAW COUNTY FOR THE PURPOSE OF ADMINISTERING THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HOUSING CHOICE VOUCHER PROGRAM.

(R99, S. 920 (Word version)) -- Senator McGill: AN ACT TO REVISE THE TIME AND METHOD BY WHICH THE BOARD OF TRUSTEES OF THE FLORENCE COUNTY SCHOOL DISTRICT NUMBER THREE ARE ELECTED TO COINCIDE WITH THE GENERAL ELECTION ON THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER IN THE YEAR IN WHICH THE MEMBER'S TERM EXPIRES AND TO PROVIDE THAT THESE ELECTIONS MUST BE CONDUCTED BY THE FLORENCE COUNTY ELECTION AND VOTER REGISTRATION COMMISSION; TO PROVIDE THAT MEMBERS SHALL SERVE TERMS OF THREE YEARS COMMENCING ON THE FIRST DAY OF JANUARY FOLLOWING THE ELECTION; TO EXTEND THE EXPIRATION DATE OF TERMS OF MEMBERS WHOSE TERMS EXPIRE IN 2012 AND 2013 TO CONFORM TO THE PROVISIONS OF THIS ACT; TO FURTHER SPECIFY FILING DATES AND CONDUCT OF THESE ELECTIONS; TO MODIFY CERTAIN PROCEDURES FOR THE APPROVAL OF THE DISTRICT BUDGET, INCLUDING INCREASED NOTICE REQUIREMENTS, PUBLICATION OF THE PROPOSED BUDGET, AND PUBLIC HEARINGS; TO PROVIDE FOR THE CERTIFICATION OF THE BUDGET, THE LEVY AND COLLECTION OF TAXES, AND THE DISBURSAL OF FUNDS TO THE DISTRICT; AND TO REPEAL ACT 367 OF 2004.

(R100, H. 3178 (Word version)) -- Reps. Pitts, Limehouse, Hixon and Long: AN ACT TO AMEND SECTION 61-6-1035, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR AUTHORIZATION FOR THE SAMPLING OF CERTAIN WINES, CORDIALS, AND OTHER DISTILLED SPIRITS SOLD IN A RETAIL ALCOHOLIC LIQUOR STORE, SO AS TO REQUIRE THE SAMPLE PRODUCTS BE LIMITED TO ONE WHOLESALER AT A TIME, TO REQUIRE THAT THE NOTICE OF THE SAMPLING TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION CONTAIN A COPY OF A CERTIFICATE OF LIABILITY INSURANCE FOR THOSE CONDUCTING THE SAMPLING, TO REQUIRE THAT ALL PRODUCT SAMPLES BE PURCHASED BY THE RETAILER FROM A LICENSED WHOLESALER, TO REQUIRE ALL ASSOCIATED COSTS OF THE SAMPLING BE PAID FOR BY THOSE CONDUCTING THE SAMPLING, AND TO ALLOW A RETAILER TO CONDUCT THE SAMPLING.

(R101, H. 3295 (Word version)) -- Rep. Herbkersman: AN ACT TO AMEND SECTION 61-6-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE "ALCOHOLIC BEVERAGE CONTROL ACT", SO AS TO DEFINE THE TERM "HOMEOWNERS ASSOCIATION CHARTERED AS A NONPROFIT BY THE SECRETARY OF STATE", AND TO PROVIDE THE CONDITIONS REQUIRED FOR A NONPROFIT ORGANIZATION TO COME WITHIN THE MEANING OF THIS DEFINITION; TO AMEND SECTION 61-6-1820, AS AMENDED, RELATING TO THE CRITERIA FOR A NONPROFIT ORGANIZATION TO OBTAIN A LICENSE TO SELL ALCOHOLIC LIQUORS BY THE DRINK, SO AS TO PROVIDE THAT A HOMEOWNERS ASSOCIATION CHARTERED AS A NONPROFIT ORGANIZATION BY THE SECRETARY OF STATE IS ALSO ELIGIBLE FOR SUCH A LICENSE; BY ADDING SECTION 61-6-2015 SO AS TO PROVIDE THAT A TEMPORARY PERMIT TO SELL BEER AND WINE FOR ON-PREMISES CONSUMPTION FOR A PERIOD NOT TO EXCEED TWENTY-FOUR HOURS WITHOUT REGARD TO THE DAYS OR HOURS OF THESE SALES IS HEREBY AUTHORIZED, TO PROVIDE THAT THESE PERMITS MAY BE ISSUED TO THOSE HOLDERS OF A PERMIT TO SELL BEER AND WINE FOR OFF-PREMISES CONSUMPTION DURING PERIODS OTHER THAN SUNDAY WHO HAVE WITHIN THE LICENSED PREMISES A SEPARATE FOOD-SERVICE ESTABLISHMENT SERVING PREPARED FOOD FOR ON-PREMISES CONSUMPTION, TO PROVIDE THAT THESE PERMITS MAY BE ISSUED ONLY TO QUALIFIED APPLICANTS LOCATED IN A COUNTY OR MUNICIPALITY WHICH PURSUANT TO SECTION 61-6-2010 HAS SUCCESSFULLY HELD A REFERENDUM ALLOWING THE POSSESSION, SALE, AND CONSUMPTION OF ALCOHOLIC LIQUORS BY THE DRINK FOR A PERIOD NOT TO EXCEED TWENTY-FOUR HOURS, AND TO PROVIDE FOR OTHER RELATED MATTERS NECESSARY FOR THE ISSUANCE OF THESE PERMITS INCLUDING THE FEES FOR THE PERMITS AND THEIR DURATION; TO AMEND SECTION 61-6-2010, AS AMENDED, RELATING TO TEMPORARY PERMITS NOT TO EXCEED TWENTY-FOUR HOURS TO ALLOW THE POSSESSION, SALE AND CONSUMPTION OF ALCOHOLIC LIQUORS BY THE DRINK ON THE PREMISES OF AN ESTABLISHMENT OR ORGANIZATION LICENSED FOR THESE SALES, SO AS TO PROVIDE THAT A BUSINESS ESTABLISHMENT LOCATED WITHIN A BUILDING ON THE GROUNDS OF AN INTERNATIONAL AIRPORT IN THIS STATE WHERE THE POSSESSION, SALE, AND CONSUMPTION OF ALCOHOLIC LIQUORS BY THE DRINK IS PERMITTED ON ITS LICENSED PREMISES MAY APPLY FOR AND RECEIVE A TEMPORARY PERMIT AUTHORIZED BY THIS SECTION TO ALLOW THE POSSESSION, SALE, AND CONSUMPTION OF ALCOHOLIC LIQUORS BY THE DRINK FOR A PERIOD NOT TO EXCEED TWENTY-FOUR HOURS ON ITS LICENSED PREMISES IF ANY COUNTY WITHIN THE TERRITORY OF THE AIRPORT DISTRICT WHICH OPERATES THE INTERNATIONAL AIRPORT OR ANY MUNICIPALITY LOCATED WITHIN THE TERRITORY OF THE DISTRICT HAS APPROVED, BY REFERENDUM, THE ISSUANCE OF THESE TEMPORARY PERMITS; TO AMEND SECTION 61-4-550, AS AMENDED, RELATING TO SPECIAL PERMITS FOR THE SALE OF BEER AND WINE, SO AS TO REMOVE SPECIFIC REFERENCES TO NONPROFIT ORGANIZATIONS WHICH LIMIT THE ISSUANCE OF THESE SPECIAL PERMITS TO NONPROFIT ORGANIZATIONS, AND FURTHER PROVIDE FOR THE CONDITIONS AND REQUIREMENTS NECESSARY FOR THE ISSUANCE OF THESE SPECIAL PERMITS; TO AMEND SECTION 61-6-2000, AS AMENDED, RELATING TO TEMPORARY LICENSES TO NONPROFIT ORGANIZATIONS TO PURCHASE AND SELL AT A SINGLE OCCASION ALCOHOLIC LIQUORS BY THE DRINK, SO AS TO REVISE THE PROCEDURES AND REQUIREMENTS FOR THE ISSUANCE OF THESE TEMPORARY LICENSES; AND BY ADDING SECTION 61-4-630 SO AS TO PROVIDE THAT AN ESTABLISHMENT POSSESSING A BEER AND WINE PERMIT THAT IS LOCATED IN A COUNTY OR MUNICIPALITY THAT HAS CONDUCTED A FAVORABLE REFERENDUM ALLOWING THE SALE AND CONSUMPTION OF ALCOHOLIC LIQUORS BY THE DRINK ON SUNDAY UNDER THE PROVISIONS OF SECTION 61-6-2010, DURING THOSE SAME HOURS AUTHORIZED BY PERMITS ISSUED UNDER SECTION 61-6-2010, MAY SELL, POSSESS, AND PERMIT THE CONSUMPTION OF BEER AND WINE ON THE PREMISES.

(R102, H. 3660 (Word version)) -- Reps. Ott, Bales, McLeod, Brantley, Battle, Whipper, G.A. Brown, Parker, Anderson, J.M. Neal, Hodges, Bowers, Hosey, Alexander, Branham, Funderburk, Harrison, King, Dillard, Butler Garrick and Jefferson: AN ACT TO AMEND SECTION 16-11-523, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBTAINING NONFERROUS METALS UNLAWFULLY, SO AS TO REVISE THE PENALTIES FOR VIOLATIONS OF THIS PROVISION; TO AMEND SECTION 16-17-680, AS AMENDED, RELATING TO THE PURCHASE OF NONFERROUS METALS, PROCEDURES AND REQUIREMENTS FOR PURCHASE OF NONFERROUS METALS, AND EXCEPTIONS, SO AS TO PROVIDE DEFINITIONS FOR CERTAIN NEW AND DELETE CERTAIN EXISTING TERMS, TO PROVIDE THAT A SECONDARY METALS RECYCLER, SHALL OBTAIN A PERMIT TO PURCHASE NONFERROUS METALS FROM THE SHERIFF OF THE COUNTY IN WHICH A SECONDARY METALS RECYCLER'S FIXED SITE IS LOCATED, TO PROVIDE THAT CERTAIN PERSONS WHO WANT TO TRANSPORT OR SELL NONFERROUS METALS TO A SECONDARY METALS RECYCLER SHALL OBTAIN A PERMIT TO TRANSPORT AND SELL NONFERROUS METALS FROM THE SHERIFF OF THE COUNTY IN WHICH THE PERSON RESIDES OR IS LOCATED, TO PROVIDE THAT IT IS UNLAWFUL TO OBTAIN A PERMIT FOR THE PURPOSE OF TRANSPORTING OR SELLING STOLEN NONFERROUS METALS AND TO PROVIDE A PENALTY, TO REVISE THE PROVISION THAT PROVIDES THAT IT IS UNLAWFUL TO PURCHASE NONFERROUS METALS FROM A PERSON WHO IS NOT A HOLDER OF A RETAIL LICENSE BY PROVIDING THAT THIS PROVISION APPLIES TO THE PURCHASE OF NONFERROUS METALS FOR THE PURPOSE OF RECYCLING THEM FROM A SELLER WHO IS NOT A HOLDER OF A RESALE LICENSE, AN AUTHORIZED WHOLESALER, CERTAIN CONTRACTOR, OR CERTAIN UTILITY, PLUMBING, ELECTRICAL, OR CLIMATE CONDITIONING SERVICE PROVIDER UNDER CERTAIN CIRCUMSTANCES, TO REVISE THE PROVISION THAT REQUIRES A SECONDARY METALS RECYCLER TO MAINTAIN A RECORD OF PERSONS WHO HE PURCHASES NONFERROUS METALS FROM, TO PROVIDE THAT A SECONDARY METALS RECYCLER SHALL PURCHASE COPPER, CATALYTIC CONVERTERS, AND BEER KEGS BY CHECK, TO PROVIDE THAT A SECONDARY METALS RECYCLER SHALL DISPLAY PROMINENTLY A SIGN AT HIS FIXED SITE THAT PROVIDES THE CONDITIONS THAT MUST BE MET BY A SELLER BEFORE HE MAY PURCHASE NONFERROUS METALS FROM THE SELLER, TO PROVIDE NEW AND DELETE CERTAIN PRIOR PENALTIES FOR VIOLATIONS OF PROVISIONS OF THIS SECTION, TO PROVIDE THAT THIS SECTION PREEMPTS LOCAL ORDINANCES AND REGULATIONS GOVERNING THE TRANSPORTATION OF CERTAIN NONFERROUS METALS, AND DELETE THE PROVISION THAT PROVIDES THAT THIS SECTION SHALL NOT PREEMPT THE ABILITY OF A POLITICAL SUBDIVISION TO ENACT ORDINANCES OR REGULATIONS PERTAINING TO ZONING OF BUSINESS LICENSE FEES; AND TO REPEAL SECTION 16-17-685 RELATING TO THE UNLAWFUL TRANSPORTATION OF NONFERROUS METALS.

Last Updated: June 16, 2011 at 3:50 PM