Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Exodus 19:4: "I bore you on eagles wings and brought you to myself."
Let us pray. When troubles are heavy, loving Lord, lift us up, hear our burdens, give us faith, hope, courage, and strength. Let us remember Your promise to us when everything seems to be going wrong in our lives, that You, O Lord, did not, does not, and will never abandon us. We are Your treasure forever. Thanks be to God. Continue Your blessings on us as a Nation. Look in favor upon our President, State, Governor, Speaker, this Honorable Assembly, and all who serve in these Halls of Government. Protect our defenders of freedom at home and abroad as they protect us. Hear our prayer, O Lord. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. HART moved that when the House adjourns, it adjourn in memory of James David "J. D." Williams of Columbia, which was agreed to.
Columbia, S.C., May 15, 2008
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 1:09 p.m. today for the purpose of ratifying Acts.
Very respectfully,
President
On motion of Rep. SCOTT the invitation was accepted.
The following was received from the Senate:
Columbia, S.C., May 14, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3032:
H. 3032 (Word version) -- Reps. Viers and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO CREATE A STUDY COMMITTEE TO STUDY APPROPRIATE ENFORCEMENT OF FEDERAL AND STATE LAWS RELATING TO THE PRESENCE OF ILLEGAL ALIENS IN THIS STATE AND TO RECOMMEND LEGISLATIVE CHANGES AS APPROPRIATE.
Very respectfully,
President
On motion of Rep. HARRISON, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. HARRISON, DELLENEY and VIERS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The SPEAKER ordered the following Veto printed in the Journal:
May 14, 2008
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Dear Mr. Speaker and Members of the House:
I am vetoing and returning without my approval H. 3084 (Word version), R. 244.
This bill mandates that a motorcycle manufacturer give notice to an existing dealer when the manufacturer intends to open another dealership within 15 miles of the existing dealer, up from the current three-mile radius. Additionally, this bill would give an existing dealer 45 days following notice to the manufacturer to file a civil action if the existing dealer objects to the proposed new dealership. The current law allows 15 days. At this point, a court would determine, based on criteria outlined in the bill, whether or not the manufacturer is able to establish a new franchise in the region.
This legislation is reminiscent of the Soviet-era central planning where the government dictated how the market should look. I believe the opposite, and an underlying tenant of this Administration has been that as a state we should be more competitive, not just with neighboring states, but also nationally and internationally. While we understand that this legislation is an attempt to bring the motorcycle franchise law more in line with the automobile franchise law in South Carolina, our world has changed dramatically from the time that these laws went into effect. We believe, therefore, that moving in this direction represents movement away from free and open markets vital to South Carolina competing in the international arena.
We've always held to the principle that government should not involve itself in the private sector any more than absolutely necessary. That's why our administration has consistently opposed legislation where government unnecessarily takes on the role of choosing where, when, and how the private sector conducts business in South Carolina. Just last year we opposed the Cabela's legislation because we don't think government should be picking winners and losers in the private sector. In the case of Cabela's, the Code would use taxpayer funds to subsidize large, out-of-state businesses at the expense of smaller, local businesses around the state.
In neither the Cabela's bill nor the bill I am vetoing here are the interests of the consumer - nor is the necessity of a more open marketplace for the consumer - taken into consideration. This bill stands in stark opposition to the notion of free and fair competition in the marketplace, and any attempt to pick winners and losers - especially with retail motorcycle sales - we believe would be unwise at best, and dangerous at worst.
For these reasons, I am vetoing and returning without my approval H. 3084, R. 244.
Sincerely,
Mark Sanford
Governor
The SPEAKER ordered the following Veto printed in the Journal:
September 4, 2008
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Dear Mr. Speaker and Members of the House:
I am hereby vetoing and returning without my approval H. 3543 (Word version), R. 249.
This legislation increases the time a person who holds a license issued by the Environmental Certification Board has to renew a lapsed license without penalty from 90 days to 365 days.
In many notable cases since the beginning of this Administration, we have rejected the creation of professional certification boards largely because they can, at times, serve as an obstacle to the free market. On every occasion, that notion has been rejected by the General Assembly.
However, we believe that hollowing out the enforcement mechanism within professional licensing is not the same thing as deregulating the industry. We feel that if the bill were enacted, hurdles would continue to exist for becoming either an Environmental Operator or a Well Driller in this state. Once you've made it in, however, the standards are, in essence, eliminated in a meaningful way. We believe it makes little sense to set up a licensing and certification standard and then make it in "name only."
Under this provision, a person can apply for reinstatement once every two years and may maintain a license indefinitely with no assurance of occupational ability by continued practice, examination, or continuing education. No other program administered by the Department of Labor, Licensing and Regulation allows licensees to renew who do not meet the qualifications for current licensure.
If the General Assembly considers a one year lapse of licensing would cause no substantial harm to the general public, then it should simply repeal the licensing requirement altogether. We would urge you to sustain this veto and send, instead, to my desk a bill that repeals the licensing requirements and deregulates this industry for all people, not just a select few.
For the above reasons, I am vetoing H. 3543, R. 249.
Sincerely,
Mark Sanford
Governor
The SPEAKER ordered the following Veto printed in the Journal:
September 4, 2008
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Dear Mr. Speaker and Members of the House:
I am hereby vetoing and returning without my signature H. 3816 (Word version), R. 252, which increases the amount of a debtor's interest in personal property that is exempt from attachment and sale in a bankruptcy proceeding.
Regretfully, there are two roads to bankruptcy. The first is through no fault of the individual as they are struck with a horrendous illness or plant closure that debilitates them financially. The second comes as a result of expecting good times to always roll and, as a consequence, loading up on debt, not saving, and spending beyond one's means. I am vetoing this bill because it does not discriminate between the two very different sets of personal decisions that lead to the most unfortunate circumstance of bankruptcy.
Were this a bill just about helping people who've been dealt a bad card in life, I would have signed it. Unfortunately, this bill does not do that and instead could serve to reward financially reckless behavior. In the instances where it did this, it would also penalize individuals and families that have been diligent in their approach to spending, as this bill would raise the cost of credit of those very families.
On this larger point of protecting the individuals who have been imprudent, I think in the long run it is destructive for government to limit the consequences of actions taken in voluntary contractual agreements. To do so is to create more in the way of a moral hazard because it means that if things go well, the individual reaps the windfalls of asset appreciation but when they don't go so well, the individual only loses a portion of what they borrowed and the remainder of the cost is spread to others in the form of higher interest payments. I genuinely admire the intent of the bill's proponents in attempting to help people in need, and want to again say that if this bill were just about helping those who are temporarily downtrodden, I would have signed this legislation. Unfortunately, because this bill does not distinguish and rifle shot as I think it ought, those individuals who are wealthier but knowingly made poor borrowing decisions will be some of the primary beneficiaries of this legislation.
For these reasons, I am vetoing H. 3816, R. 252 and returning it without my signature.
Sincerely,
Mark Sanford
Governor
The SPEAKER ordered the following Veto printed in the Journal:
September 4, 2008
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Dear Mr. Speaker and Members of the House:
I am hereby vetoing and returning without my signature H. 4520 (Word version), R. 256.
This legislation would authorize the University of South Carolina (the University) to issue revenue bonds of up to $125 million for the construction of a new business school facility in the Innovista District.
I very much admire the way in which the University and the Moore School of Business have, in this instance, worked hard to secure an innovative financing stream with the federal government to, in large measure, pay for the facility. Unfortunately, this creative and prudent approach is, in many ways, being drowned out by the larger financial ills that seem to mark the Innovista Project. Just this weekend, the front page of Sunday's edition of The State paper highlighted the way in which the two taxpayer-funded buildings were under construction while the two privately-funded research buildings that were expected to be completed last year were still on the drawing boards.
As a consequence, I think it would be worth pausing and seeing if there was not a way to use what's already in place and what the taxpayers have already committed to, in combining the energy behind this business school bill and what's already been started at Innovista. Accordingly, I veto this bill.
I think pausing and allowing for more study has the following merits:
The information that I have seen suggests there is a high probability of large amounts of empty space in the new taxpayer-funded buildings at Innovista. They can certainly be filled by moving folks out of other USC buildings or by offering low enough rates to entice others, or large enough incentives and giveaways to invite still others - but wouldn't this be the perfect time to more closely study if there were not complementary ways between the business school and research efforts to use these buildings. Representative Merrill in differing ways has raised some of these concerns, and I appreciate his efforts on behalf of the taxpayer.
Second, this gives us another chance to look at real rates of return on some of the "research" that is being funded by taxpayers in this state. As we both know, Hunley restoration is now being financed by the taxpayers under a program with Clemson. Millions of dollars are going into a new facility and private matching dollars have proven to be an illusion, and, in many ways, this makes sense given that I have yet to see much of a real market for Confederate-era submarine work. The bottom line in this is that I fear that the code word of research is being used to substantially enhance the financial footprint of many of our leading universities - without any safeguards or guarantees back to the taxpayers on whether they will get so much as a return on their money.
Finally, combining ever larger financial footprints and consequent costs is part of the formula to making college out of the financial reach of an increasing number of students. In this regard, combining the infrastructure in place with a project that isn't working with a well-conceived revenue stream on one that can, could be part of the formula to making USC more affordable. This is especially important as student tuition has already jumped over 44 percent in the last five years alone. South Carolina now ranks number one in the entire Southeast in tuition and fees and number four in the entire country. Concurrently, we are seventh in the country in what we spend on higher ed as a percentage of our budget and number two in the entire Southeast. These numbers suggest it is vital that we try new approaches, so I ask that you sustain this veto so that creative minds there at USC can look at ways of combining efforts for the betterment of its students, Innovista, the Moore School of Business and taxpayers of this state.
For these reason, I am vetoing H. 4520, R. 256.
Sincerely,
Mark Sanford
Governor
The SPEAKER ordered the following Veto printed in the Journal:
September 4, 2008
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Dear Mr. Speaker and Members of the House:
I am hereby vetoing and returning without my approval H. 4774 (Word version), R. 261.
This legislation allows meat packers, butchers, and other businesses that process deer meat for charitable giving to claim a $50 dollar per carcass tax credit.
While I understand this well-intended attempt to encourage more charitable donations, I believe the nature of this financial incentive is legally suspect because it is at odds with our laws which prohibit the sale of wild game meat. Because a penny saved is a penny earned, this bill would offer financial consideration for wild game harvest for the first time in our state's history. This would, I believe, set a bad precedent. What would be next - $20 for turkey, $15 for duck, $5 for dove?
More important, however, is the fact that this bill undermines the very principle of charitable giving. Meat packers, butchers, and meat processing plants can already claim a tax deduction on the costs associated with their charitable giving. No other tax credit for charitable giving exists in South Carolina with the exception of the conservation credit. I believe this exception was made because of the long-term and lasting benefit that will accrue to South Carolinians' quality of life by preserving open space - no such long-term benefit exists in this case. In fact, I vetoed a similar proposed measure in 2004 that would have allowed for a $1,000 tax credit for donated organs, which was sustained by the General Assembly.
Our tax code is already cluttered with special incentives and "carve-outs." The inclusion of these special incentives would add yet another to that list. In the end, this Administration believes there are ways to incentivize charitable giving other than by further muddling the tax code. We would ask the General Assembly - as we have in the past - to stop looking at tax code issues on a case-by-case basis and instead view them from a broader perspective.
For the above reasons, I am vetoing H. 4774, R. 261, and respectfully ask for your support in upholding this veto.
Sincerely,
Mark Sanford
Governor
The SPEAKER ordered the following Veto printed in the Journal:
May 14, 2008
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29201
Dear Mr. Speaker and Members of the House:
I am hereby vetoing and returning without my approval H. 4844 (Word version), R. 263.
This bill would allow the Dillon County Board of Education to use other sources of revenue to support a $60 million bond referendum approved by county voters last year. We believe this legislation is fundamentally flawed on two fronts.
To begin, H. 4844 would change the original spirit of the referendum. Dillon voters went to the polls this past December with the understanding that the bond referendum before them was for the construction of school facilities and was to be financed with an additional one-percent sales tax. However, this bill would in effect be a "redo" by now allowing other revenues to fund the bond. We believe it is unfair to a voter when the assumptions for which a vote was rendered are changed after the fact.
Changing what was promised also represents a breach of trust. We have advocated that government actions should be transparent so that voters can make informed choices. Unfortunately, this bill appears to violate this principle as well.
In the specific case of Dillon County, we believe the time has come for Columbia to let go of some of the management it exercises over the school district. While the General Assembly does play a very important role in education - both in policy and funding - it should be at a statewide level. However, with Dillon County schools, the members of the Board of Education are appointed by the legislative delegation and school taxes are set by legislation. Ultimately, the people of Dillon County should have a far greater voice in their school district, and legislation like this only highlights that disconnect.
As we have said on many occasions, the varied management practices and taxing authority only serve to weaken our ability to improve school performance. I would respectfully ask this veto be sustained and ask that the General Assembly send this administration legislation that uniformly devolves management of local school districts away from Columbia and back to the communities they serve.
For these reasons, I have vetoed H. 4844, R. 263.
Sincerely,
Mark Sanford
Governor
Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:
S. 1143 (Word version) -- Senators McConnell, Martin, Alexander, Hayes, Hutto, Ceips, Peeler, Leventis, Rankin, Setzler, Knotts and Malloy: A BILL TO AMEND SECTION 12-36-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE SALES TAX, SO AS TO INCLUDE THE GROSS PROCEEDS OF SALES OR THE SALES PRICE OF ENERGY EFFICIENT APPLIANCES.
Ordered for consideration tomorrow.
Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report on:
S. 1232 (Word version) -- Senators Cleary, Rankin and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 10 OF TITLE 4, ENACTING THE "EDUCATION CAPITAL IMPROVEMENTS SALES AND USE TAX ACT" SO AS TO ALLOW A ONE PERCENT LOCAL SALES AND USE TAX TO BE IMPOSED IN A COUNTY FOR NOT MORE THAN FIFTEEN YEARS UPON REFERENDUM APPROVAL WITH THE REVENUES OF THE TAX USED BY THE COUNTY'S SCHOOL DISTRICT BOARD OF TRUSTEES TO PAY FOR SPECIFIC PUBLIC SCHOOL CAPITAL IMPROVEMENTS IN THE COUNTY AND TO PROVIDE A METHOD WHEREBY REVENUE OF THE TAX MAY BE SHARED FOR THE PURPOSES OF SPECIFIC CAPITAL IMPROVEMENTS ON THE CAMPUSES OF A TECHNICAL COLLEGE OR OTHER STATE INSTITUTION OF HIGHER LEARNING LOCATED IN THE COUNTY, TO PROVIDE FOR THE REFERENDUM REQUIRED FOR THE IMPOSITION OF THE TAX, THE DURATION OF THE TAX, NOT TO EXCEED FIFTEEN YEARS, AND TO PROVIDE FOR THE ADMINISTRATION OF THE TAX AND THE DISTRIBUTION OF THE REVENUE.
Ordered for consideration tomorrow.
Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:
S. 75 (Word version) -- Senators Ryberg, Bryant and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-4-110, TO PROVIDE THAT THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM MAY NOT ACCEPT NEW PARTICIPANTS AND THE PROGRAM SHALL REMAIN IN OPERATION FOR EXISTING PARTICIPANTS.
Ordered for consideration tomorrow.
Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:
S. 1252 (Word version) -- Senators Leatherman and Peeler: A BILL TO AMEND SECTION 2-75-30 OF THE 1976 CODE, RELATING TO THE CENTERS OF EXCELLENCE MATCHING ENDOWMENT, TO PROVIDE THAT THE INTEREST EARNINGS IN THE FUND MAY BE USED AT THE RESEARCH CENTERS OF EXCELLENCE REVIEW BOARD'S DISCRETION FOR ADDITIONAL STATE AWARDS.
Ordered for consideration tomorrow.
Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:
S. 1171 (Word version) -- Senators Peeler and Setzler: A BILL TO AMEND SECTION 12-37-900 OF THE 1976 CODE, RELATING TO THE LISTING AND RETURNING OF PERSONAL PROPERTY, TO PROVIDE THAT A MANUFACTURER IS NOT REQUIRED TO LIST OR RETURN PERSONAL PROPERTY FOR AD VALOREM TAX PURPOSES IF THE PROPERTY REMAINS IN THIS STATE BUT HAS NOT BEEN USED IN OPERATIONS FOR THE ENTIRE REPORTING PERIOD OF THE MANUFACTURER.
Ordered for consideration tomorrow.
Rep. WALKER, from the Committee on Education and Public Works, submitted a favorable report on:
S. 991 (Word version) -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 60-11-120, SO AS TO PROVIDE FOR THE DISPOSITION OF DUPLICATIVE ARCHIVAL MATERIAL BY THE SOUTH CAROLINA COMMISSION OF ARCHIVES AND HISTORY; AND TO REPEAL SECTION 59-103-200, RELATING TO DISPOSITION OF DUPLICATIVE ARCHIVAL MATERIAL, THAT WAS ERRONEOUSLY CODIFIED UNDER THE COMMISSION OF HIGHER EDUCATION INSTEAD OF THE COMMISSION OF ARCHIVES AND HISTORY.
Ordered for consideration tomorrow.
Rep. WALKER, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
S. 1329 (Word version) -- Senators McGill, Grooms and Bryant: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 101 SO AS TO PROVIDE FOR THE ISSUANCE OF "I BELIEVE" SPECIAL LICENSE PLATES.
Ordered for consideration tomorrow.
Rep. WALKER, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
S. 1050 (Word version) -- Senators Verdin and Ryberg: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE OPERATION DESERT STORM-DESERT SHIELD VETERANS LICENSE PLATES, OPERATION ENDURING FREEDOM VETERANS LICENSE PLATES, AND OPERATION IRAQI FREEDOM VETERANS LICENSE PLATES.
Ordered for consideration tomorrow.
Rep. WALKER, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
S. 996 (Word version) -- Senators Ceips, Grooms and Cleary: A BILL TO AMEND CHAPTER 15 OF TITLE 57 OF THE 1976 CODE, RELATING TO PROVISIONS AFFECTING FERRIES ONLY, TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION IS AUTHORIZED TO ESTABLISH, OPERATE, MAINTAIN, AND SUPERVISE PUBLIC FERRIES CONNECTING PARTS OF THE STATE HIGHWAY SYSTEM, TO PROVIDE THAT THE GOVERNING BODY OF A COUNTY IS AUTHORIZED TO ESTABLISH, OPERATE, MAINTAIN, AND SUPERVISE PUBLIC FERRIES CONNECTING PARTS OF PUBLIC ROADS LOCATED WITHIN THE COUNTY NOT UNDER THE CONTROL OF THE DEPARTMENT OF TRANSPORTATION, TO PROVIDE THAT GOVERNING BODIES OF ADJOINING COUNTIES MAY ENTER INTO AN AGREEMENT TO ESTABLISH, OPERATE, MAINTAIN, AND SUPERVISE PUBLIC FERRIES CONNECTING PARTS OF PUBLIC ROADS THAT LIE WITHIN EACH COUNTY THAT ARE NOT UNDER THE CONTROL OF THE DEPARTMENT OF TRANSPORTATION, TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION AND COUNTY GOVERNING BODIES MAY ENTER INTO AGREEMENTS WITH PRIVATE ENTITIES TO FINANCE, IN WHOLE OR IN PART, THE COST OF ACQUIRING, EQUIPPING, MAINTAINING, AND OPERATING A PUBLIC FERRY, TO ESTABLISH CERTAIN MINIMUM SAFETY REQUIREMENTS, TO ALLOW FOR PRIVATE CONTRIBUTIONS FOR FERRY OPERATION AND MAINTENANCE, AND TO PROVIDE FOR A FERRY ON THE INTRACOASTAL WATERWAY IN GEORGETOWN COUNTY.
Ordered for consideration tomorrow.
Rep. WALKER, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
S. 605 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 56-3-1240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPLAY OF A MOTOR VEHICLE LICENSE PLATE, SO AS TO PROVIDE THAT IF A MOTORCYCLE IS EQUIPPED WITH VERTICALLY MOUNTED LICENSE PLATE BRACKETS, ITS LICENSE PLATE MUST BE MOUNTED VERTICALLY WITH ITS TOP FASTENED ALONG ITS RIGHT VERTICAL EDGE.
Ordered for consideration tomorrow.
Rep. WALKER, from the Committee on Education and Public Works, submitted a favorable report on:
S. 1182 (Word version) -- Senator Grooms: A JOINT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO STUDY THE FEASIBILITY AND BENEFITS OF THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF TRANSPORTATION INFRASTRUCTURE THROUGH THE UTILIZATION OF PUBLIC PRIVATE PARTNERSHIPS AND VENTURES AND TO PROVIDE FOR THE OPERATIONS OF THE STUDY COMMITTEE.
Ordered for consideration tomorrow.
Rep. WALKER, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
S. 981 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 57-5-10 OF THE 1976 CODE, RELATING TO THE GENERAL COMPOSITION OF THE STATE HIGHWAY SYSTEM, TO PROVIDE THAT ALL HIGHWAYS IN THE STATE HIGHWAY SYSTEM MUST BE BUILT ACCORDING TO STATE STANDARDS, TO AMEND SECTION 57-5-70, RELATING TO ADDITIONS TO THE STATE HIGHWAY SECONDARY SYSTEM, TO ALLOW THE DEPARTMENT OF TRANSPORTATION TO ADD COUNTY AND MUNICIPAL ROADS TO THE STATE HIGHWAY SYSTEM WHEN NECESSARY FOR THE INTERCONNECTIVITY OF THE STATE HIGHWAY SYSTEM, TO AMEND SECTION 57-5-80, RELATING TO THE DELETION AND REMOVAL OF ROADS FROM THE STATE HIGHWAY SECONDARY SYSTEM, TO PROVIDE FOR THE REMOVAL OF ROADS FROM THE STATE HIGHWAY SYSTEM WHEN A COUNTY, MUNICIPALITY, SCHOOL, OR OTHER GOVERNMENTAL AGENCY AGREES TO ACCEPT THE ROAD INTO ITS OWN HIGHWAY SYSTEM, AND TO REPEAL SECTION 57-5-90, RELATING TO BELT LINES AND SPURS.
Ordered for consideration tomorrow.
Rep. WALKER, from the Committee on Education and Public Works, submitted a favorable report on:
H. 5144 (Word version) -- Rep. Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 11 OF TITLE 55 SO AS TO ESTABLISH THE GRAND STRAND AIRPORT DISTRICT, DEFINE ITS AREA, ESTABLISH ITS GOVERNING COMMISSION, DESCRIBE THE FUNCTIONS, AND POWERS OF THE DISTRICT AND ITS COMMISSION, MAKE PROVISIONS FOR BORROWING BY THE DISTRICT INCLUDING THE ISSUANCE OF GENERAL OBLIGATION BONDS, AND PROVIDE FOR THE CONTINUING OPERATION OF THE FACILITIES OF THE DISTRICT.
Ordered for consideration tomorrow.
The following was introduced:
H. 5148 (Word version) -- Reps. Thompson, Agnew, Bowen, Cooper, Gambrell, White, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND JENNA HALLMAN OF ANDERSON COUNTY FOR HER FAITHFUL AND EXEMPLARY TEACHING AT CALHOUN ACADEMY FOR THE ARTS, AND TO CONGRATULATE HER FOR BEING NAMED 2008 SOUTH CAROLINA TEACHER OF THE YEAR.
The Resolution was adopted.
The following was introduced:
H. 5149 (Word version) -- Rep. Parks: A HOUSE RESOLUTION TO CONGRATULATE LAURA GROVE MISSIONARY BAPTIST CHURCH OF MCCORMICK COUNTY UPON THE OCCASION OF THE DEDICATION OF ITS NEW CHURCH BUILDING ON SUNDAY, MAY 18, 2008.
The Resolution was adopted.
The following was taken up for immediate consideration:
S. 1378 (Word version) -- Senator Massey: A CONCURRENT RESOLUTION TO URGE THE CITIZENS OF SOUTH CAROLINA TO PRACTICE SAFE BOATING HABITS, ESPECIALLY THE WEARING OF LIFE JACKETS, AND TO DECLARE MAY 17-23, 2008, AS SAFE BOATING WEEK IN SOUTH CAROLINA.
Whereas, on average, seven hundred people die each year in boating-related accidents in the United States, and nearly seventy percent of these are fatalities caused by drowning; and
Whereas, the vast majority of these accidents are caused by human error or poor judgment, not by the boat, equipment, or environmental factors; and
Whereas, a significant number of boaters who lose their lives by drowning each year would be alive today had they worn their life jackets; and
Whereas, modern life jackets are more comfortable, more attractive, and more wearable than styles of years past and deserve a fresh look by today's boating public; and
Whereas, in light of the many lives spared yearly because of the wearing of a life jacket, the General Assembly strongly encourages all South Carolina boaters to don this life-saving equipment when on the water, and, to encourage further compliance with this and other important water-safety guidelines, the members hereby declare the week of May 17-23, 2008, as Safe Boating Week in South Carolina. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the South Carolina General Assembly, by this resolution, urge the citizens of South Carolina to practice safe boating habits, especially the wearing of life jackets, and declare May 17-23, 2008, as Safe Boating Week in South Carolina.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1379 (Word version) -- Senator Elliott: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR LANCE CORPORAL JULIE SMITH OF HORRY COUNTY UPON RECEIVING THE GOLD MEDAL AWARD AS THE 2008 SOUTH CAROLINA LAW ENFORCEMENT OFFICER OF THE YEAR FROM THE SOUTH CAROLINA VETERANS OF FOREIGN WARS, AND TO EXPRESS DEEP GRATITUDE FOR HER MERITORIOUS SERVICE TO THE CITIZENS OF HER COMMUNITY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1380 (Word version) -- Senator Elliott: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR LIEUTENANT GREG SUGGS OF HORRY COUNTY UPON RECEIVING THE GOLD MEDAL AWARD AS THE 2008 SOUTH CAROLINA FIREFIGHTER OF THE YEAR FROM THE SOUTH CAROLINA VETERANS OF FOREIGN WARS, AND EXPRESS DEEP GRATITUDE FOR HIS MERITORIOUS SERVICE TO THE CITIZENS OF HIS COMMUNITY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The roll call of the House of Representatives was taken resulting as follows:
Alexander Allen Anderson Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Crawford Daning Dantzler Davenport Delleney Duncan Edge Erickson Frye Funderburk Gambrell Govan Gullick Haley Hamilton Hardwick Harrell Harrison Hart Harvin Hayes Herbkersman Hiott Hodges Hosey Howard Huggins Hutson Jefferson Jennings Kelly Kennedy Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Mack Mahaffey McLeod Merrill Miller Mitchell Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Scott Sellers Skelton D. C. Smith F. N. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Vick Viers Walker Weeks White Whitmire Williams Witherspoon Young
I came in after the roll call and was present for the Session on Thursday, May 15.
Paul Agnew Phillip Shoopman Gary Simrill James Lucas G. Murrell Smith Gloria Haskins Benjamin A. Hagood Jackson "Seth" Whipper Todd Rutherford
The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the day.
Rep. COLEMAN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, May 14.
Announcement was made that Dr. Stephen F. Serbin of Columbia was the Doctor of the Day for the General Assembly.
Rep. SCOTT presented to the House the W. J. Keenan High School "Lady Raiders" Girls Varsity Basketball Team, the 2008 Class AA Champions, their coaches and other school officials.
Rep. KENNEDY presented to the House the C. E. Murray High School "Lady War Eagles" Girls Varsity Basketball Team, the 2008 Class A Champions, their coaches and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 5019 (Word version)
Date: ADD:
05/15/08 MOSS
Bill Number: H. 5019 (Word version)
Date: ADD:
05/15/08 TOOLE
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:
S. 1339 (Word version) -- Senators Leatherman and McGill: A BILL TO AMEND ACT 1095 OF 1962, RELATING TO THE LOWER FLORENCE COUNTY HOSPITAL DISTRICT, TO PROVIDE THAT THE DISTRICT SHALL BE COMPRISED OF THAT PORTION OF FLORENCE COUNTY THAT IS SOUTH OF THE LYNCHES RIVER.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 1161 (Word version) -- Senator Williams: A BILL TO AMEND ACT 254 OF 1981, RELATING TO THE MARION COURT LIBRARY COMMISSION AND THE MARION COURT LIBRARY, TO PROVIDE THAT FUNDS REMAINING IN THE MARION COURT LIBRARY FUND AFTER PURCHASING BOOKS, LEGAL PERIODICALS, AND OTHER NECESSARY LIBRARY SUPPLIES MAY BE USED FOR THE COURT SYSTEM IN MARION COUNTY.
On motion of Rep. BATTLE, with unanimous consent, it was ordered that S. 1161 (Word version) be read the third time tomorrow.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 111 (Word version) -- Senators Leventis, Knotts and Scott: A BILL TO AMEND SECTION 56-5-970, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC CONTROL SIGNALS, SO AS TO PROVIDE THAT A DRIVER OF A MOTORCYCLE OR MOPED MAY PROCEED THROUGH A HIGHWAY INTERSECTION CONTROLLED BY A TRAFFIC CONTROL DEVICE UNDER CERTAIN CIRCUMSTANCES WHEN A VEHICLE SENSOR FAILS TO DETECT THE VEHICLE BECAUSE OF ITS WEIGHT OR SIZE.
The following Bill was taken up:
H. 4867 (Word version) -- Reps. Cato, Harrell, Haley and Viers: A BILL TO AMEND SECTION 40-2-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN THE LICENSURE AND REGULATION OF ACCOUNTANTS, SO AS TO REVISE THE DEFINITION OF "ATTEST" AND "SUBSTANTIAL EQUIVALENCY" AND TO DEFINE "HOME OFFICE" AND "PRINCIPAL PLACE OF BUSINESS"; TO AMEND SECTION 40-2-30, AS AMENDED, RELATING TO THE REQUIREMENT TO BE LICENSED TO RENDER CERTAIN SERVICES AND TO USE CERTAIN TITLES, SO AS TO PROVIDE THAT INDIVIDUALS AND FIRMS MAY ALSO RENDER THESE SERVICES AND USE CERTAIN TITLES IF CERTAIN QUALIFICATIONS ARE MET; TO AMEND SECTION 40-2-40, AS AMENDED, RELATING TO REGISTRATION REQUIREMENTS FOR ACCOUNTING FIRMS, SO AS TO PROVIDE THE CONDITIONS UNDER WHICH AN OUT-OF-STATE FIRM MAY RENDER CERTAIN SERVICES WITHOUT HAVING A REGISTRATION; AND TO AMEND SECTION 40-2-245, RELATING TO REQUIREMENTS FOR AN INDIVIDUAL IN AN OUT-OF-STATE FIRM TO OBTAIN PRACTICE PRIVILEGES IN THIS STATE, SO AS TO REVISE AND FURTHER SPECIFY THESE REQUIREMENTS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\ 12290AC08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 40-2-20(2) and (21) of the 1976 Code, as amended by Act 289 of 2004, is further amended to read:
"(2) 'Attest' means providing the following financial statement services:
(a) an audit or other engagement to be performed in accordance with the Statements on Auditing Standards (SAS); or
(b) a review of a financial statement to be performed in accordance with the Statements on Standards for Accounting and Review Services (SSARS); or
(c) an examination of prospective financial information to be performed in accordance with the Statements on Standards for Attestation Engagements (SSAE); or
(d) any engagement to be performed in accordance with Public Company Accounting Oversight Board (PCAOB) Auditing Standards.
(21) 'Substantial equivalency' is a determination by the Board of Accountancy or its designee that the education, examination, and experience requirements contained in the statutes and administrative rules of another jurisdiction are comparable to, or exceed the education, examination, and experience requirements contained in this chapter Section 40-2-245(A)(1), or that an individual licensee's education, examination, and experience qualifications are comparable to or exceed the education, examination, and experience requirements contained in this chapter Section 40-2-245(A)(2). In ascertaining substantial equivalency as used in this chapter, the board or its designee shall take into account the qualifications without regard to the sequence in which experience, education, or examination requirements were attained."
SECTION 2. Section 40-2-20 of the 1976 Code, as amended by Act 289 of 2004, is further amended by adding at the end:
"(23) 'Home office' means the location specified by the client as the address to which an attest or compilation service is directed.
(24) 'Principal place of business' means the office location designated by the licensee for purposes of substantial equivalency and reciprocity."
SECTION 3. Section 40-2-30 of the 1976 Code, as amended by Act 289 of 2004, is further amended to read:
"Section 40-2-30. (A) It is unlawful for a person to engage in the practice of accountancy as regulated by this board without holding a valid license or registration or without qualifying for a practice privilege pursuant to Section 40-2-245.
(B) Only licensed certified public accountants or public accountants or individuals qualifying for a practice privilege pursuant to Section 40-2-245 may issue a report on financial statements of a person, firm, organization, or governmental unit or offer to render or render any attest or compilation service as defined, except as provided in Section 40-2-340. This restriction does not prohibit an act of a public official or public employee in the performance of that person's duties or prohibit the performance by any nonlicensee of other services involving the use of accounting skills, including the preparation of tax returns, management advisory services, and the preparation of financial statements without the issuance of reports on the financial statements.
(C) Persons, other than certified public accountants or public accountants, may prepare financial statements and issue nonattest transmittals or information thereon which do not purport to be in compliance with the Statements on Standards for Accounting and Review Services (SSARS). Transmittals using the following language must not be considered the unlicensed practice of accountancy:
'I (we) have prepared the accompanying (financial statements) of (name of entity) as of (time period) for the (period) then ended. This presentation is limited to preparing in the form of financial statements information that is the representation of management (owners).
I (we) have not audited or reviewed the accompanying financial statements and accordingly do not express an opinion or any other form of assurance on them.'
(D) Only a person holding a valid license as a certified public accountant or qualifying for a practice privilege under Section 40-2-245 shall use or assume the title 'Certified Public Accountant', or the abbreviation 'CPA' or any other title, designation, words, letters, abbreviation, sign, card, or device indicating that the person is a certified public accountant.
(E) A firm may not provide attest services or assume or use the title 'Certified Public Accountants', 'Public Accountants' or the abbreviation 'CPAs', and 'PAs', or any other title, designation, words, letters, abbreviation, sign, card, or device indicating the firm is a CPA firm unless:
(1) the firm holds a valid registration issued under this chapter or is exempt from the registration requirement by operation of subsection (I); and
(2) ownership of the firm is in accordance with this chapter Section 40-2-40(C) and implementing regulations promulgated by the board, unless the firm is exempt from the registration requirement by operation of subsection (I); and
(3) owners who are not certified public accountants must be permitted to use the titles 'principal', 'partner', 'owner', 'officer', 'member', or 'shareholder' but must not hold themselves out to be certified public accountants.
(F) A person must not assume or use the title 'Public Accountant', or the abbreviation 'PA', or any other title, designation, words, letters, abbreviation, sign, card, or device indicating that the person is a public accountant unless that person holds a valid registration issued under this chapter.
(G) Only a person or firm holding a valid license or registration issued under this chapter, an individual qualifying for practice privileges under Section 40-2-245, or a firm exempt from the registration requirement by operation of subsection (I) shall assume or use any title or designation likely to be confused with the titles 'Certified Public Accountant' or 'Public Accountant' or use a similar abbreviation likely to be confused with the abbreviations 'CPA' or 'PA'. The title 'Enrolled Agent' or 'EA' may only be used by individuals designated by the Internal Revenue Service.
Persons or firms that are not licensed or registered, individuals qualifying for practice privileges under Section 40-2-245, and firms exempt from the registration requirement by operation of subsection (I) may use designations granted by national accrediting organizations so long as those designations do not imply qualification to render any attest or compilation service.
(H) This section does not apply to a person or firm holding a certification, designation, degree, or license granted in a foreign country entitling the holder to engage in the practice of public accountancy or its equivalent in that country; whose activities in this State are limited to the provision of professional services to persons or firms who are residents of, governments of, or business entities of the country in which the person holds the entitlement; who performs no attest or compilation services and who issues no reports with respect to the financial statements of any other persons, firms, or governmental units in this State; and who does not use in this State any title or designation other than the one under which the person practices in their country, followed by a translation of the title or designation into the English language, if it is in a different language, and by the name of the country.
(I)(1) Firms that do not have an office in this State, and that do not perform the services described in Section 40-2-20(2)(a) (audits), (c) (examinations), or (d) (services under PCAOB Auditing Standards) for a client having its home office in this State, may engage in the practice of accounting, without obtaining a registration pursuant to Section 40-2-40, as specified in this subsection.
(2) A firm described in subsection (I)(1) may perform services described in Section 40-2-20(2)(b) or (5) for a client having its home office in this State, may engage in the practice of accounting, as specified in this section, and may use the title 'CPA' or 'CPA firm' only if the firm:
(a) has the qualifications described in Section 40-2-40(C) and Section 40-2-255(C); and
(b) performs these services through an individual with practice privileges under Section 40-2-245.
(3) A firm described in subsection (I)(1) that is not subject to the requirements of subsection (I)(2) may perform other professional services within the practice of accounting while using the title 'CPA' or 'CPA firm' in this State only if the firm:
(a) performs these services through an individual with practice privileges under Section 40-2-245; and
(b) can lawfully do so in the state where these individuals with practice privileges have their principal place of business.
(4) Notwithstanding any other provision of this section, it is not a violation of this section for a firm that does not hold a valid permit under Section 40-2-40 and which does not have an office in this State to provide its professional services or to engage in the practice of accounting so long as it complies with the requirements of subsection (I)(2) or (3), whichever is applicable."
SECTION 4. Section 40-2-40 of the 1976 Code, as amended by Act 289 of 2004, is further amended to read:
"Section 40-2-40. (A) The board shall grant or renew registration to practice as a firm to entities that make application and applicants that demonstrate the required their qualifications in accordance with this section. A firm
(B)(1) The following must hold a registration issued pursuant to this section in order to engage in the practice of accounting or to use the title 'Certified Public Accountant' or 'Accounting Firm':
(a) a firm with an office in this State performing attest services as defined in Section 40-2-20(2) or engaging in the practice of accounting;
(b) a firm with an office in this State that uses the title 'CPA' or 'CPA firm'; or
(c) a firm that does not have an office in this State but performs attest services described in Section 40-2-20(2)(a) (audits), (c) (examinations), or (d) (services under PCAOB Auditing Standards) for a client having a home office in this State.
(2) A firm not subject to subsection (B)(1) may be exempted from the registration requirement provided for in Section 40-2-30(I).
(BC) Qualifications for registration as a certified public accountant firm are as follows:
(1) A super majority, sixty-six and two thirds percent of the ownership of the firm in terms of financial interests and voting rights must belong to certified public accountants currently licensed in some state. The noncertified public accountant owner must be actively engaged as a firm member of the firm or its affiliated entities in providing services to the firm's clients as his or her principal occupation. Ownership by investors or commercial enterprises is prohibited.
(2) Partners, officers, shareholders, members, or managers whose principal place of business is in this State, and who perform professional services in this State, must hold a valid license issued pursuant to this section. An individual who has practice privileges under Section 40-2-245 who performs services for which a firm permit is required pursuant to Section 40-2-245(D) must not be required to obtain a license from this State pursuant to Section 40-2-35.
(3) For firms registering under subsection (B)(1)(a) or (b), there must be a designated resident manager in charge of each office in this State who must be a certified public accountant licensed in this State.
(4) Noncertified public accountant owners must not assume ultimate responsibility for any financial statement, attest, or compilation engagement.
(5) Noncertified public accountant owners shall abide by the code of professional ethics adopted pursuant to this chapter.
(6) Owners shall at all times maintain ownership equity in their own right and must be the beneficial owners of the equity capital ascribed to them. Provision must be made for the ownership to be transferred to the firm or to other qualified owners if the noncertified public accountant ceases to be actively engaged in the firm.
(CD) Registration must be initially issued and renewed annually. Applications for registration must be made in such form, and in the case of applications for renewal, between such dates as the board by regulation may specify, and the board shall grant or deny any such application after filing in proper form.
(DE) An applicant for initial issuance or renewal of a registration to practice pursuant to this chapter shall register each office of the firm within this State with the board and shall demonstrate that all attest and compilation services rendered in this State are under the charge of a person holding a valid license issued pursuant to this section or the corresponding provision of prior law or of some other state.
(EF) The board shall charge a fee for each application for initial issuance or renewal of a registration issued pursuant to this section.
(FG) An applicant for initial issuance or renewal of a registration to practice pursuant to this chapter shall list on the application all states in which the firm has applied for or holds registration and shall list any past denial, revocation, or suspension of a registration by any other state.
(GH) Each holder of or applicant for a registration issued pursuant to this section shall notify the board in writing, within thirty days after its occurrence, of any change in the identities of partners, officers, shareholders, members, or managers whose principal place of business is in this State, any change in the number or location of offices within this State, any change in the identity of the licensee in charge of these offices, and any issuance, denial, revocation, or suspension of a registration by any other state.
(HI) A firm that falls out of compliance with the provisions of this section due to changes in firm ownership or personnel, after receiving or renewing a permit, shall take corrective action to bring the firm back into compliance as quickly as possible. The board may grant a reasonable period of time for a firm to take this corrective action. Failure to bring the firm back into compliance within a reasonable period as defined by the board shall result in the suspension or revocation of the firm permit."
SECTION 5. Section 40-2-245 of the 1976 Code, as added by Act 289 of 2004, is amended to read:
"Section 40-2-245. (A) The board may grant An individual whose principal place of business is outside this State the privilege to perform or offer to perform services in this State as a certified public accountant is presumed to have qualifications substantially equivalent to this state's requirements and may exercise all the privileges of licensees of this State without the need to obtain a license under Section 40-2-35 if the individual meets all of the following conditions:
(1) holds a valid and unrevoked license or permit to practice as a certified public accountant issued by another from any state, a territory of the United States, or the District of Columbia and that jurisdiction's requirements for licensure are substantially equivalent to the requirements of this chapter which requires, as a condition of licensure, that an individual:
(a) have at least 150 semester hours of college education including a baccalaureate or higher degree conferred by a college or university;
(b) achieve a passing grade on the Uniform Certified Public Accountant Examination; and
(c) possess at least one year of experience including providing any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax, or consulting skills, which may be obtained through government, industry, academic, or public practice all of which was verified by a licensee; or
(2) notifies the board that the person intends to perform or offers to perform services in this State as a certified public accountant; holds a valid license as a certified public accountant from any state that does not meet the requirements of subsection (A)(1) but such individual's CPA qualifications are substantially equivalent to those requirements. An individual who passed the Uniform CPA Examination and holds a valid license issued by any other state before January 1, 2012, may be exempt from the education requirement in subsection (A)(1)(a) for purposes of this item.
(B) Notwithstanding any other provision of law, an individual who offers or renders professional services, whether in person or by mail, telephone, or electronic means pursuant to this section is granted practice privileges in this State and no notice, fee, or other submission may be required of the individual. The individual is subject to the requirements of subsection (C).
(C) An individual licensee or holder of a permit to practice of another state exercising the privilege afforded under this section and the firm that employs that licensee simultaneously consents, as a condition of exercising this privilege:
(1) to the personal and subject matter jurisdiction and disciplinary authority of the board;
(32) agrees to comply with the provisions of this section and the regulations promulgated regarding notification and practice pursuant to this section;
(3) that in the event the license or permit to practice from the state of the individual's principal place of business is no longer valid, to cease offering or rendering professional services in this State individually and on behalf of a firm; and
(4) lists all jurisdictions, foreign and domestic, in which the applicant has applied for or holds a designation to practice public accountancy, and each holder of a certificate issued under this section shall notify the board in writing within thirty days after its occurrence of any issuance, denial, revocation, or suspension of a designation or commencement of a disciplinary or enforcement action by any jurisdiction;
(5) consents to have an administrative notice of hearing served on the board in the individual's principal state of business; in any action or proceeding by this board against the licensee.
(6) files an application and pays an annual fee sufficient to cover the cost of administering this section.
(D) An individual who qualifies for practice privileges under this section who performs any of the following services for an entity with its home office in this State may only perform these services through a firm that has obtained a registration issued under Section 40-2-40:
(1) a financial statement audit or other engagement to be performed in accordance with the Statements on Auditing Standards;
(2) an examination of prospective financial information to be performed in accordance with the Statements on Standards for Attestation Engagements; or
(3) an engagement to be performed in accordance with Public Company Accounting Oversight Board Auditing Standards.
(E) A licensee of this State offering or rendering services or using his or her CPA title in another state is subject to disciplinary action in this State for an act committed in another state for which the licensee would be subject to discipline for an act committed in the other state. The board shall investigate any complaint made by the board of accountancy of another state."
SECTION 6. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. HALEY explained the amendment.
The amendment was then adopted.
Rep. HALEY explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. CATO asked unanimous consent that H. 4867 (Word version) be read a third time tomorrow.
Rep. HART objected.
The following Bill was taken up:
S. 104 (Word version) -- Senators McConnell, Courson, Vaughn, Knotts and Campsen: A BILL TO AMEND CHAPTER 11, TITLE 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ARCHIVES ACT, SO AS TO ADD ARTICLE 3 CREATING THE SOUTH CAROLINA CIVIL WAR SESQUICENTENNIAL ADVISORY BOARD.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22110AB08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Sections 60-11-10 through 60-11-100 are hereby designated as "Article 1, The Archives Act".
SECTION 2. Chapter 11, Title 60 of the 1976 Code is amended by adding:
Section 60-11-150. (A) The South Carolina Civil War Sesquicentennial Advisory Board is hereby created to assist the South Carolina Commission of Archives and History in carrying out its duties and responsibilities as outlined in this article. The advisory board shall consist of twenty-one members. The members shall elect a chairman from among the board members every four years.
(B) The Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate shall each appoint two members to serve four-year terms, except initial appointees. These persons shall be residents of South Carolina who are recognized as being learned and interested in the field of history and archaeology of this State and who have demonstrated an interest in preserving the cultural resources of this State. These persons must also have a background in:
(1) South Carolina history;
(2) African American history; or
(3) Civil War history.
Persons initially appointed by the Governor shall serve two-year terms, persons initially appointed by the Speaker of the House of Representatives shall serve four-year terms, and persons initially appointed by the President Pro Tempore of the Senate shall serve six-year terms. Subsequent appointees shall serve four-year terms.
(C) The remaining board membership shall consist of the following persons or their designees:
(1) Director of the South Carolina Department of Parks, Recreation and Tourism;
(2) Superintendent of the State Department of Education;
(3) Director of the South Carolina State Museum;
(4) Director of the Confederate Relic Room and Museum;
(5) Director of the South Carolina Department of Archives and History;
(6) Director of the South Carolina Historical Society;
(7) Director of the South Caroliniana Library;
(8) Chairman of the African American Heritage Commission;
(9) Director of the Avery Research Center;
(10) President of the Sons of Confederate Veterans;
(11) President of the United Daughters of the Confederacy;
(12) Superintendent of the Fort Sumter National Monument;
(13) Colonel of the South Carolina Battalion;
(14) Executive Director of Patriots Point; and
(15) Director of the Penn Center, Inc.
Section 60-11-160. The purpose of the South Carolina Civil War Sesquicentennial Advisory Board is to:
(1) promote a suitable statewide observance of the sesquicentennial of the Civil War;
(2) cooperate and assist national, state, and local organizations with programs and activities suitable for the sesquicentennial observance;
(3) assist in ensuring that any observance of the sesquicentennial of the Civil War is inclusive and appropriately recognizes the experiences and points of view of all people affected by the Civil War; and
(4) provide assistance for the development of programs, projects, and activities on the Civil War that have lasting educational value.
Section 60-11-170. The South Carolina Civil War Sesquicentennial Advisory Board shall have the following duties:
(1) plan, develop, and carry out programs and activities appropriate to commemorate the sesquicentennial of the Civil War era and encourage the development of programs that ensure the commemoration results in a positive legacy and have long-term public benefits;
(2) encourage interdisciplinary examination of the Civil War;
(3) facilitate Civil War related activities throughout the State;
(4) encourage civic, historical, educational, economic, and other organizations across the State to organize and participate in activities to expand the understanding and appreciation of the significance of the Civil War;
(5) coordinate and facilitate the public distribution of scholarly research, publications, and interpretation of the Civil War; and
(6) provide technical assistance to local organizations and nonprofit organizations to further the commemoration of the sesquicentennial of the Civil War.
Section 60-11-180. Members of the board are not eligible to receive mileage, subsistence, and per diem, as otherwise may be provided in law for members of state boards, committees, and commissions."
SECTION 3. Unless specifically reauthorized by act of the General Assembly, the South Carolina Civil War Sesquicentennial Advisory Board expires on December 31, 2016. Before December 31, 2016, the board shall submit a report of its activity to the Governor, President Pro Tempore of the Senate, and the Speaker of the House.
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. HAGOOD explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. HAGOOD, with unanimous consent, it was ordered that S. 104 (Word version) be read the third time tomorrow.
Rep. SCOTT moved to adjourn debate upon the following Bill until Tuesday, May 20, which was adopted:
H. 4309 (Word version) -- Reps. Harrison, Harrell, G. M. Smith, Delleney, Leach, Haley, Young, Duncan, Haskins, Talley, G. R. Smith, Taylor, Cotty and Walker: A BILL TO AMEND SECTION 24-13-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE TERM "NO PAROLE OFFENSE", SO AS TO REVISE ITS DEFINITION TO INCLUDE CLASS D, E, AND F FELONIES, OFFENSES CLASSIFIED AS EXEMPT WHICH ARE PUNISHABLE BY A MAXIMUM TERM OF IMPRISONMENT FOR AT LEAST ONE YEAR, AND CLASS A AND B MISDEMEANORS, TO PROVIDE THAT A PERSON WHO IS FOUND GUILTY OF, PLEADS GUILTY TO, OR PLEADS NOLO CONTENDRE TO A "NO PAROLE OFFENSE" IS ELIGIBLE FOR EARLY RELEASE FROM INCARCERATION UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT THE PROVISIONS CONTAINED IN THIS SECTION DO NOT AFFECT THE PROVISIONS CONTAINED IN THE YOUTHFUL OFFENDER ACT.
Rep. G. M. SMITH moved to adjourn debate upon the following Bill until Tuesday, May 20, which was adopted:
S. 96 (Word version) -- Senators Sheheen and Fair: A BILL TO AMEND CHAPTER 6, TITLE 61 OF THE 1976 CODE BY ADDING SECTION 61-6-4155, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO USE, OFFER FOR USE, PURCHASE, OFFER TO PURCHASE, SELL, OFFER TO SELL, OR POSSESS AN ALCOHOL WITHOUT LIQUID DEVICE, AND TO PROVIDE PENALTIES AND EXCEPTIONS.
Rep. G. M. SMITH moved to adjourn debate upon the following Bill until Tuesday, May 20, which was adopted:
S. 472 (Word version) -- Senators Lourie, Courson, Vaughn, Alexander, Sheheen, Ryberg, Williams, Leventis, Cleary, Drummond, Mescher, Cromer, Hayes, Verdin, Grooms and Knotts: A BILL TO AMEND SECTION 56-5-2941 OF THE 1976 CODE, RELATING TO THE INSTALLATION OF IGNITION INTERLOCK DEVICES, TO PROVIDE THAT IN ADDITION TO OTHER PENALTIES IMPOSED ON A PERSON VIOLATING IMPAIRED DRIVING LAWS, THE COURT MUST REQUIRE THE PERSON TO HAVE AN IGNITION INTERLOCK DEVICE INSTALLED ON ANY VEHICLE REGISTERED AND LICENSED IN HIS NAME OR IN THE NAME OF A MEMBER OF HIS IMMEDIATE FAMILY, TO PROVIDE THAT THE COURT MAY WAIVE THE INSTALLATION REQUIREMENT FOR AN OFFENDER WHO HAS A MEDICAL CONDITION THAT MAKES HIM INCAPABLE OF PROPERLY OPERATING THE DEVICE, TO PROVIDE FOR THE LENGTH OF TIME THAT AN IGNITION INTERLOCK DEVICE MUST BE INSTALLED, TO PROVIDE THAT THE OFFENDER MUST HAVE HIS IGNITION INTERLOCK DEVICE INSPECTED EVERY SIXTY DAYS TO VERIFY THAT IT IS AFFIXED TO THE VEHICLE AND OPERATING PROPERLY, TO PROVIDE THAT THE COURT MUST GIVE THE DEPARTMENT OF MOTOR VEHICLES NOTICE OF AN ORDER IMPOSING THE REQUIREMENTS OF THIS ACT, TO PROVIDE A PROCESS BY WHICH A FOURTH OFFENDER MAY HAVE THE DEVICE REMOVED, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON REQUIRED TO HAVE AN IGNITION INTERLOCK DEVICE ENDORSEMENT ON HIS LICENSE TO OPERATE A VEHICLE NOT EQUIPPED WITH AN IGNITION INTERLOCK DEVICE, TO PROVIDE THAT AN OFFENDER WHOSE JOB REQUIRES HIM TO DRIVE A VEHICLE OWNED BY HIS EMPLOYER MAY OPERATE THE EMPLOYER'S VEHICLE WITHOUT AN IGNITION INTERLOCK DEVICE INSTALLED, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAMPER WITH OR DISABLE AN IGNITION INTERLOCK DEVICE, OR TO ATTEMPT TO TAMPER WITH OR DISABLE AN IGNITION INTERLOCK DEVICE, TO PROVIDE THAT IT IS UNLAWFUL FOR AN OFFENDER OR ANOTHER PERSON TO SOLICIT OR REQUEST SOMEONE TO ENGAGE AN IGNITION INTERLOCK DEVICE TO START A MOTOR VEHICLE, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO ENGAGE AN IGNITION INTERLOCK DEVICE TO START A MOTOR VEHICLE FOR AN OFFENDER, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES IS REQUIRED TO DEVELOP REGULATIONS GOVERNING THE CERTIFICATION, USE, MAINTENANCE, AND OPERATIONS OF INTERLOCK IGNITION DEVICES, TO PROVIDE THAT ONLY CERTIFIED DEVICES MAY BE USED, TO PROVIDE THAT THE DEPARTMENT MUST CERTIFY ALL BREATH TESTING IGNITION INTERLOCK DEVICES THAT MEET FEDERAL STANDARDS, TO PROVIDE THAT THE DEPARTMENT MUST MAINTAIN A LIST OF CERTIFIED DEVICES AND MANUFACTURERS, TO REQUIRE THAT DECERTIFIED DEVICES MUST BE REPLACED, TO PROVIDE THAT THE DEPARTMENT MUST MAKE AVAILABLE ON ITS INTERNET WEB SITE ITS POLICIES, PROCEDURES AND REGULATIONS CONCERNING IGNITION INTERLOCK DEVICES; TO AMEND SECTION 56-1-400, TO PROVIDE THAT WHEN THE DEPARTMENT OF MOTOR VEHICLES RETURNS OR ISSUES A NEW LICENSE TO AN OFFENDER WHOSE LICENSE WAS SUSPENDED FOR DRIVING UNDER THE INFLUENCE OF INTOXICANTS, THE LICENSE MUST CONTAIN A CONSPICUOUS ENDORSEMENT IDENTIFYING THE LICENSEE AS A PERSON WHO MAY ONLY DRIVE A VEHICLE WITH AN IGNITION INTERLOCK DEVICE INSTALLED; AND TO AMEND SECTION 56-5-2959, TO PROVIDE THAT SLED NO LONGER HAS TO POST CERTAIN INFORMATION CONCERNING IGNITION INTERLOCK SYSTEMS ON ITS INTERNET WEB SITE.
The following Bill was taken up:
S. 490 (Word version) -- Senators McConnell, Martin, Peeler, Leventis, Ryberg, Knotts, Ford, Campsen and Vaughn: A BILL TO AMEND SECTION 15-77-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWANCE OF ATTORNEY'S FEES IN STATE-INITIATED ACTIONS, SO AS TO LIMIT THE FEE TO A REASONABLE HOURLY RATE.
Rep. HART made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 1221 (Word version) -- Senators Hutto and Massey: A BILL TO AMEND ARTICLE 3, CHAPTER 3, TITLE 22 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO CIVIL PROCEDURE IN MAGISTRATES COURT, SO AS TO DELETE SECTIONS THAT HAVE BEEN PROVIDED FOR BY THE SOUTH CAROLINA RULES OF MAGISTRATES COURT AND TO RENAME THE ARTICLE TO CONFORM WITH THE REVISIONS.
Rep. TOOLE made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 638 (Word version) -- Senators Campsen, Fair, Bryant, Vaughn, Hawkins, Alexander, Grooms, Sheheen, Setzler, Cromer, McConnell, Land, Verdin, Peeler, Hayes, Ritchie, Anderson, Thomas, Scott, Martin, Knotts, Ryberg, Ceips, O'Dell, McGill and Malloy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-160 SO AS TO ENACT THE "SOUTH CAROLINA PUBLIC PRAYER AND INVOCATION ACT" TO ALLOW A GOVERNING BODY OF A STATE OR LOCAL GOVERNMENT TO ADOPT, BY ORDINANCE OR RESOLUTION, A POLICY THAT PRESERVES THE TRADITION OF SOLEMNIZING PUBLIC PROCEEDINGS BY ALLOWING FOR AN OPENING INVOCATION USING ONE OF THREE METHODS AND TO DEFINE "PUBLIC INVOCATION" AND "DELIBERATIVE PUBLIC BODY".
Rep. MERRILL made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 1048 (Word version) -- Senators Martin and Alexander: A BILL TO AMEND SECTION 61-4-120, AS AMENDED, RELATING TO THE SUNDAY SALE OF WINE OR BEER IN THIS STATE, SO AS TO PROVIDE AN EXCEPTION FOR WINE THAT IS HARVESTED, PROCESSED, FERMENTED, BOTTLED, AND SOLD AT THE SAME CONTIGUOUS LOCATION.
Rep. COBB-HUNTER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 913 (Word version) -- Senators Martin and Sheheen: A BILL TO AMEND SECTION 7-13-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ELECTION BALLOTS, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR MUST PROVIDE FOR BALLOTS AS REQUIRED BY LAW AND TO DELETE OBSOLETE LANGUAGE.
Reps. CLEMMONS, CRAWFORD, EDGE, G. R. SMITH, HAYES, HARDWICK, MERRILL, MULVANEY, SELLERS, VIERS, HERBKERSMAN, COTTY, BARFIELD, BEDINGFIELD, CATO and CHALK requested debate on the Bill.
The following Bill was taken up:
S. 1106 (Word version) -- Senators McConnell and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 27 TO TITLE 7 SO AS TO CODIFY THE PROVISIONS OF LAW THAT CREATED AND COMBINED VARIOUS COUNTY BOARDS OF REGISTRATION AND ELECTION COMMISSIONS INTO A SINGLE ENTITY, TO PROVIDE THAT THOSE COUNTIES THAT DO NOT HAVE COMBINED BOARDS OF REGISTRATION AND ELECTION COMMISSIONS MUST HAVE THEIR SEPARATE BOARDS AND COMMISSIONS APPOINTED PURSUANT TO THE PROVISIONS OF SECTIONS 7-5-10 AND 7-13-70.
Reps. CLEMMONS, CRAWFORD, EDGE, HAYES, BARFIELD, VIERS, COTTY, UMPHLETT, HARDWICK, YOUNG, CHALK and G. R. SMITH requested debate on the Bill.
The following Bill was taken up:
S. 968 (Word version) -- Senators McGill, O'Dell, Williams and Knotts: A BILL TO AMEND SECTION 16-23-405, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF "WEAPON" AND THE HANDLING OF WEAPONS USED IN THE COMMISSION OF A CRIME, SO AS TO REMOVE "KNIFE WITH A BLADE OVER TWO INCHES LONG" FROM THE DEFINITION; AND TO AMEND SECTION 16-23-460, RELATING TO CARRYING CONCEALED WEAPONS, SO AS TO PROVIDE FOR THE EXCLUSION OF KNIVES WITHIN THE PURVIEW OF THE OFFENSE UNLESS THEY ARE USED WITH THE INTENT TO COMMIT A CRIME.
Rep. G. M. SMITH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 890 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Hawkins, O'Dell, Hayes, Elliott, Cromer and Ceips: A BILL TO AMEND SECTION 23-3-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENDERS BEING REQUIRED TO SUBMIT SAMPLES FOR INCLUSION IN THE DNA DATABASE, SO AS TO REQUIRE SAMPLES UPON LAWFUL CUSTODIAL ARREST FOR A FELONY OFFENSE, OFFENSE THAT CARRIES A SENTENCE OF FIVE YEARS OR MORE, OR AN ARREST FOR EAVESDROPPING, PEEPING, OR STALKING, AND AT THE TIME OF INTAKE AT A JAIL OR PRISON, TO PROVIDE THAT THESE PROVISIONS APPLY TO JUVENILES, AND TO REQUIRE SAMPLES TO BE PROVIDED BEFORE A PERSON IS RELEASED ON PAROLE, RELEASED FROM CONFINEMENT, OR RELEASED FROM AN AGENCY'S JURISDICTION; TO AMEND SECTION 23-3-630, RELATING TO PERSONS AUTHORIZED TO TAKE DNA SAMPLES AND THEIR IMMUNITY FROM LIABILITY, SO AS TO DELETE REQUIREMENTS THAT THE PERSONS AUTHORIZED MUST BE CERTAIN TYPES OF HEALTH PROFESSIONALS AND TO PROVIDE THAT THEY MUST BE APPROPRIATELY TRAINED; TO AMEND SECTION 23-3-650, RELATING TO THE CONFIDENTIALITY OF DNA, SO AS TO PROVIDE FOR COORDINATION BETWEEN SLED AND LOCAL LAW ENFORCEMENT AGENCIES TO PREVENT COLLECTION AND PROCESSING OF DUPLICATE DNA SAMPLES; TO AMEND SECTIONS 23-3-660 AND 23-3-670, RELATING TO EXPUNGEMENTS AND FEES FOR DNA SAMPLES, SO AS TO PROVIDE FOR EXPUNGEMENT AT NO COST TO THE ACCUSED WHEN CHARGES ARE DISMISSED, NOLLE PROSSED, OR REDUCED BELOW THE REQUIREMENT FOR THE TAKING OF THE DNA SAMPLE, TO PROVIDE THAT THE STATE WILL PAY FOR THE COSTS OF COLLECTING AND PROCESSING A DNA SAMPLE, AND TO PROVIDE THAT FEES COLLECTED FROM CONVICTED PERSONS SHALL BE REMITTED TO THE GENERAL FUND OF THE STATE AND CREDITED TO THE STATE LAW ENFORCEMENT DIVISION; AND TO AMEND SECTION 23-3-120, RELATING TO THE TAKING OF FINGERPRINTS, SO AS TO PROVIDE FOR THE PLACE AND TIMING FOR THE FINGERPRINTING OF A PERSON PLACED UNDER CUSTODIAL ARREST.
Rep. COBB-HUNTER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. MERRILL moved that the House do now adjourn.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bannister Barfield Battle Bedingfield Bingham Cato Chalk Clemmons Cooper Crawford Daning Delleney Duncan Edge Erickson Frye Gambrell Hagood Hamilton Hardwick Harrell Harrison Herbkersman Huggins Hutson Kelly Kirsh Leach Limehouse Littlejohn Loftis Lowe Mahaffey Merrill Mulvaney Perry E. H. Pitts M. A. Pitts Sandifer Scarborough Shoopman Simrill Skelton D. C. Smith G. R. Smith J. R. Smith Spires Stewart Talley Taylor Thompson Umphlett Viers Walker White Whitmire Young
Those who voted in the negative are:
Agnew Alexander Anderson Anthony Bales Ballentine Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Clyburn Cobb-Hunter Coleman Cotty Dantzler Davenport Funderburk Govan Haley Hart Harvin Hayes Hiott Hodges Hosey Howard Jefferson Jennings Kennedy Knight Lucas Mack McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Owens Parks Phillips Pinson Rice Rutherford Scott Sellers F. N. Smith G. M. Smith J. E. Smith Stavrinakis Toole Vick Weeks Whipper Williams
So, the House refused to adjourn.
On motion of Rep. DUNCAN, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs:
H. 3533 (Word version) -- Reps. Talley, Kelly and Bannister: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE TO DETERMINE THE FEASIBILITY OF ESTABLISHING WIND ENERGY PRODUCTION FARMS IN SOUTH CAROLINA, TO PROVIDE FOR THE STUDY COMMITTEE'S MEMBERSHIP, AND TO REQUIRE THE STUDY COMMITTEE TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2008, AT WHICH TIME THE STUDY COMMITTEE IS ABOLISHED.
Rep. SCOTT asked unanimous consent to recall S. 398 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. BEDINGFIELD objected.
Rep. HART asked unanimous consent to recall H. 3294 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.
Rep. KENNEDY asked unanimous consent to recall H. 3262 (Word version) from the Committee on Education and Public Works.
Rep. KELLY objected.
Rep. GOVAN asked unanimous consent to recall H. 5023 (Word version) from the Committee on Judiciary.
Rep. G. M. SMITH objected.
Rep. HART asked unanimous consent to recall H. 3448 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. PERRY objected.
Rep. GOVAN asked unanimous consent to recall H. 5089 (Word version) from the Committee on Judiciary.
Rep. G. M. SMITH objected.
Rep. HART asked unanimous consent to recall H. 3419 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.
The SPEAKER granted Rep. TALLEY a leave of absence for the remainder of the day.
The Veto on the following Act was taken up:
(R206) S. 990 (Word version) -- Senators Martin, Ford, Ritchie, Knotts, Cleary and Malloy: AN ACT TO AMEND SECTION 2-19-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC HEARINGS BEFORE THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO REQUIRE THAT WRITTEN STATEMENTS OF PROPOSED TESTIMONY OF ANYONE WISHING TO TESTIFY BEFORE THE JUDICIAL MERIT SELECTION COMMISSION HEARING BE FURNISHED BY THE PERSON WISHING TO TESTIFY NO LESS THAN TWO WEEKS INSTEAD OF FORTY-EIGHT HOURS PRIOR TO THE DATE AND TIME SET FOR THE HEARING UNLESS SUFFICIENT CAUSE IS SHOWN BY THE SUBMITTING INDIVIDUAL.
Rep. DELLENEY explained the Veto.
The question was put, shall the Act become a part of the law, the Veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allen Anderson Anthony Bales Ballentine Bannister Barfield Bowen Bowers Brady Brantley Breeland G. Brown R. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Coleman Cooper Daning Dantzler Delleney Edge Funderburk Gambrell Govan Gullick Hagood Hardwick Harrell Harrison Hart Harvin Hayes Hiott Hodges Hosey Huggins Hutson Jefferson Jennings Kelly Kirsh Knight Leach Limehouse Lucas Mack McLeod Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Rice Rutherford Sandifer Scarborough Scott Skelton F. N. Smith G. M. Smith J. E. Smith Stavrinakis Thompson Vick Viers Weeks Whipper White Whitmire Williams
Those who voted in the negative are:
Battle Bedingfield Bingham Cotty Davenport Duncan Erickson Frye Haley Hamilton Haskins Herbkersman Howard Kennedy Littlejohn Loftis Lowe Mahaffey Merrill Miller Mulvaney Pinson E. H. Pitts M. A. Pitts Shoopman Simrill D. C. Smith G. R. Smith J. R. Smith Spires Stewart Taylor Toole Umphlett Walker Young
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3567 (Word version) -- Reps. Rice, Gullick, Cotty and Agnew: A BILL TO AMEND SECTION 12-21-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION ON CIGARETTES, SO AS TO INCREASE THE AMOUNT OF TAX ON EACH CIGARETTE FROM THREE AND ONE-HALF MILLS TO TWO CENTS; TO ADD SECTION 44-6-157 SO AS TO PROVIDE THAT THE REVENUE GENERATED FROM THE TAXATION ON CIGARETTES MUST BE USED TO EXPAND MEDICAID COVERAGE TO CHILDREN EIGHTEEN YEARS OF AGE AND YOUNGER WHOSE FAMILY INCOME DOES NOT EXCEED TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL; AND TO CREATE THE HEALTH CARE TRUST FUND TO PROVIDE MEDICAID BENEFITS TO INDIVIDUALS WHOSE FAMILY INCOME DOES NOT EXCEED ONE HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL AND WHO ARE UNINSURED AND TO PROVIDE THAT REVENUE IN EXCESS OF THE CHILDREN'S MEDICAID COVERAGE FROM THE CIGARETTE TAX MUST BE CREDITED TO THE HEALTH CARE TRUST FUND; AND TO AMEND SECTION 12-36-910, AS AMENDED, RELATING TO SALES TAXES GENERALLY, SO AS TO PROVIDE THAT AS OF JULY 1, 2009, THE THREE PERCENT SALES TAX IS ELIMINATED ON UNPREPARED FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO PROVIDE FOR CERTAIN GENERAL FUND TRANSFERS TO THE EDUCATION IMPROVEMENT ACT FUND FOR EACH FISCAL YEAR TO OFFSET EIA REVENUES LOST AS A RESULT OF THE LOSS OF SALES TAX ON THE SALE OF UNPREPARED FOOD, AND TO REDUCE THE SALES TAX ON UNPREPARED FOOD TO TWO PERCENT AS OF JULY 1, 2007, AND ONE PERCENT AS OF JULY 1, 2008.
Rep. COOPER moved to adjourn debate on the Senate Amendments until Tuesday, May 20.
Rep. COBB-HUNTER moved to table the motion.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Allen Anderson Anthony Bales Ballentine Bowen Bowers Branham Brantley Breeland G. Brown R. Brown Clyburn Cobb-Hunter Coleman Cotty Dantzler Davenport Funderburk Govan Hart Harvin Hayes Hiott Hodges Hosey Howard Huggins Jefferson Jennings Kennedy Knight Lowe Mack Mahaffey McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Owens Parks Rice Rutherford Scott Sellers F. N. Smith J. E. Smith Stavrinakis Vick Weeks Whipper Williams
Those who voted in the negative are:
Bannister Barfield Battle Bedingfield Bingham Brady Cato Chalk Clemmons Cooper Crawford Daning Delleney Duncan Edge Erickson Frye Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hutson Kelly Kirsh Leach Limehouse Littlejohn Loftis Lucas Merrill Mulvaney Perry Phillips Pinson E. H. Pitts M. A. Pitts Sandifer Scarborough Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stewart Taylor Thompson Toole Umphlett Viers Walker White Whitmire Young
So, the House refused to table the motion.
The question then recurred to the motion to adjourn debate until Tuesday, May 20.
Rep. RICE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bannister Barfield Battle Bedingfield Bingham Brady Cato Chalk Clemmons Cooper Crawford Daning Delleney Duncan Edge Erickson Frye Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hutson Kelly Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey Merrill Mulvaney Perry Phillips Pinson E. H. Pitts M. A. Pitts Sandifer Scarborough Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stewart Taylor Thompson Toole Umphlett Viers Walker White Whitmire Young
Those who voted in the negative are:
Agnew Alexander Allen Anderson Anthony Bales Ballentine Bowen Bowers Branham Brantley Breeland G. Brown R. Brown Clyburn Cobb-Hunter Coleman Cotty Dantzler Davenport Funderburk Govan Hart Harvin Hayes Hiott Hodges Hosey Howard Huggins Jefferson Jennings Kennedy Knight Lowe Mack McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Owens Parks Rice Rutherford Scott Sellers F. N. Smith J. E. Smith Stavrinakis Vick Weeks Whipper Williams
So, the motion to adjourn debate was agreed to.
Rep. COOPER moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.
At 2:30 p.m. the House attended in the Senate Chamber, where the following Acts were duly ratified:
(R270, S. 401 (Word version)) -- Senators Setzler and Leatherman: AN ACT TO AMEND SECTION 11-35-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE THE DEFINITION FOR "OFFICE"; TO AMEND SECTION 11-35-1524, AS AMENDED, RELATING TO VENDOR PREFERENCES, SO AS TO PROVIDE FOR PREFERENCES FOR END PRODUCTS FROM SOUTH CAROLINA AND FROM THE UNITED STATES AND FOR CONTRACTORS AND SUBCONTRACTORS WHO EMPLOY INDIVIDUALS DOMICILED IN SOUTH CAROLINA, TO DEFINE CERTAIN TERMS, PROVIDE FOR ELIGIBILITY REQUIREMENTS FOR THE PREFERENCES, PROVIDE FOR APPLICATION FOR THE PREFERENCES AND PENALTIES FOR FALSE APPLICATION, AND TO MAKE EXCEPTIONS TO THE PREFERENCES; TO AMEND SECTION 11-35-40, AS AMENDED, RELATING TO COMPLIANCE WITH FEDERAL REQUIREMENTS, SO AS TO PROVIDE FOR COMPLIANCE WITH THE CONSOLIDATED PROCUREMENT CODE; TO AMEND SECTION 11-35-3215, RELATING TO CONTRACTS FOR DESIGN SERVICES, SO AS TO PROVIDE FOR A RESIDENT PREFERENCE; AND TO REPEAL SECTION 11-35-3025 RELATING TO APPROVAL OF CHANGE ORDERS IN CONNECTION WITH CERTAIN CONTRACTS.
(R271, S. 642 (Word version)) -- Senators Thomas and Anderson: AN ACT TO AMEND SECTION 6-5-10, AS AMENDED, AND SECTION 6-5-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZED INVESTMENTS BY POLITICAL SUBDIVISIONS AND THE COLLATERAL REQUIRED TO SECURE THE UNINSURED FUNDS ON DEPOSIT OF A LOCAL GOVERNMENT ENTITY, SO AS TO DEFINE A FINANCIAL INSTITUTION IN WHICH THESE FUNDS ARE DEPOSITED AS A QUALIFIED PUBLIC DEPOSITORY, TO ALLOW SUCH A DEPOSITORY TO SECURE THESE FUNDS USING THE DEDICATED METHOD OR, UNDER THE DIRECTION AND MONITORING OF THE STATE TREASURER, THE POOLING METHOD, TO PROVIDE THAT THE LOCAL GOVERNMENT ENTITY MAY REQUIRE SUCH A DEPOSITORY TO USE THE DEDICATED METHOD, AND TO PROVIDE FOR AND DEFINE TERMS RELATING TO THE TREATMENT OF DEFEASED OBLIGATIONS; AND TO AMEND SECTION 11-13-60, AS AMENDED, AND SECTION 11-14-110, RELATING TO THE COLLATERAL REQUIRED TO SECURE THE UNINSURED FUNDS ON DEPOSIT OF THE STATE AND THE DEFEASANCE OF OUTSTANDING OBLIGATIONS OF THE STATE AND POLITICAL SUBDIVISIONS, SO AS TO DEFINE A FINANCIAL INSTITUTION IN WHICH THESE FUNDS ARE DEPOSITED AS A QUALIFIED PUBLIC DEPOSITORY, TO ALLOW SUCH A DEPOSITORY TO SECURE THESE FUNDS USING THE DEDICATED METHOD OR, UNDER THE DIRECTION AND MONITORING OF THE STATE TREASURER, THE POOLING METHOD, TO PROVIDE THAT THE STATE TREASURER MAY REQUIRE SUCH A DEPOSITORY TO USE THE DEDICATED METHOD, TO PROVIDE THAT THE STATE TREASURER MAY ASSESS AND RETAIN A FEE AGAINST FUNDS INVESTED BY THE STATE TREASURER TO DEFRAY MANAGEMENT COSTS, AND TO PROVIDE FOR THOSE OBLIGATIONS WHICH MAY CONSTITUTE THE TRUST FUND FOR DEFEASED OBLIGATIONS.
(R272, S. 880 (Word version)) -- Senators Campsen, Knotts, Fair and Scott: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 14 TO CHAPTER 1, TITLE 56 SO AS TO ENACT THE "SOUTH CAROLINA COMMERCIAL DRIVER'S LICENSE DRUG TESTING ACT" WHICH PROVIDES DEFINITIONS FOR CERTAIN TERMS, REQUIRES CERTAIN EMPLOYERS TO PROVIDE REPORTS TO THE DEPARTMENT OF MOTOR VEHICLES THAT CONTAIN THE NAMES OF CERTAIN EMPLOYEES AND APPLICANTS FOR EMPLOYMENT WHO REFUSE TO PROVIDE A SPECIMEN FOR A DRUG OR ALCOHOL TEST, TEST POSITIVE FOR AN ILLEGAL SUBSTANCE, OR HAVE SUBMITTED A FRAUDULENT DRUG TEST SPECIMEN, REQUIRES CERTAIN MEDICAL REVIEW OFFICERS AND BREATH ALCOHOL TECHNICIANS TO REPORT TO THEIR EMPLOYERS THE RESULTS OF CERTAIN DRUG TESTS, AN EMPLOYEE'S REFUSAL TO SUBMIT TO A DRUG OR ALCOHOL TEST, AND AN EMPLOYEE'S SUBMISSION OF A FRAUDULENT DRUG TEST SPECIMEN, PROVIDES THAT CERTAIN REPORTS THAT ARE GENERATED PURSUANT TO THIS ARTICLE ARE SUBJECT TO INSPECTION BY THE DEPARTMENT OF PUBLIC SAFETY, PROVIDES THAT EVIDENCE INCLUDED IN A PERSON'S MOTOR VEHICLE RECORD THAT INDICATES THAT HE TESTED POSITIVE ON A DRUG OR ALCOHOL CONFIRMATION TEST, REFUSED TO SUBMIT TO A DRUG OR ALCOHOL CONFIRMATION TEST, OR SUBMITTED A DILUTED OR ADULTERATED SPECIMEN IS NOT ADMISSIBLE IN A JUDICIAL ACTION UNLESS PROBATIVE TO DEMONSTRATE THAT HE WAS UNDER THE INFLUENCE OF DRUGS OR ALCOHOL AT THE TIME OF AN ACCIDENT THAT IS THE SUBJECT OF THE ACTION, PROVIDES A PENALTY FOR THE FAILURE TO SUPPLY CERTAIN REPORTS TO THE DEPARTMENT OF MOTOR VEHICLES AND A PENALTY FOR AN EMPLOYER WHO EMPLOYS A PERSON IN A SAFETY SENSITIVE FUNCTION WHEN THE EMPLOYER KNOWS THE EMPLOYEE IS DISQUALIFIED FROM DRIVING A COMMERCIAL MOTOR VEHICLE, PROVIDES THAT THESE PENALTIES DO NOT APPLY TO THE STATE OR ITS POLITICAL SUBDIVISIONS, PROVIDES THAT A PERSON IS IMMUNE FROM LIABILITY FOR THE GOOD FAITH PERFORMANCE OF ANY DUTY IMPOSED BY THIS ARTICLE, AND PROVIDES THAT FINES COLLECTED PURSUANT TO THIS ARTICLE MUST BE CREDITED TO THE DEPARTMENT OF PUBLIC SAFETY'S TRANSPORT POLICE DIVISION; AND TO AMEND SECTION 56-1-2110, AS AMENDED, RELATING TO CERTAIN CONDUCT THAT DISQUALIFIES A PERSON FROM DRIVING A COMMERCIAL MOTOR VEHICLE, SO AS TO PROVIDE THAT A PERSON IS DISQUALIFIED FROM DRIVING A COMMERCIAL MOTOR VEHICLE IF THE DEPARTMENT OF MOTOR VEHICLES HAS RECEIVED A REPORT THAT SHOWS THE PERSON HAS RECEIVED A VERIFIED POSITIVE DRUG TEST, A POSITIVE ALCOHOL CONFIRMATION TEST, OR REFUSED TO TAKE A DRUG OR ALCOHOL TEST, AND TO PROVIDE FOR THE PERIOD OF DISQUALIFICATION FOR ENGAGING IN THIS CONDUCT.
(R273, S. 1174 (Word version)) -- Senators Peeler and Alexander: AN ACT TO AMEND SECTION 44-7-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FACILITIES EXEMPT FROM HEALTH FACILITY LICENSURE, SO AS TO EXEMPT HOMESHARE PROGRAMS DESIGNATED BY THE DEPARTMENT OF MENTAL HEALTH UNDER CERTAIN CONDITIONS.
(R274, H. 3649 (Word version)) -- Reps. Witherspoon, Merrill, Agnew, Anthony, Brady, R. Brown, Duncan, Funderburk, Hagood, Hardwick, Herbkersman, Hiott, Kelly, Loftis, Moss, Ott, E.H. Pitts, Scott, Talley, Toole, Umphlett, Cobb-Hunter, Leach, Cato, Clemmons, Barfield, Ceips, Dantzler, Hamilton, Howard, Jefferson, Lowe, Phillips, G.R. Smith, J.R. Smith, Stavrinakis, Bannister, J.H. Neal, Stewart, Sellers, Mitchell, Williams, G.M. Smith and Mahaffey: AN ACT TO AMEND SECTION 12-63-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX REBATES ON ECOLOGICALLY FRIENDLY VEHICLES AND INCENTIVE PAYMENTS FOR ALTERNATIVE FUEL PURCHASE AND PRODUCTION OF ELECTRICITY OR METHANE GAS, SO AS TO DELETE THE SALES TAX REBATE ON FLEXIBLE FUEL VEHICLES, TO SHORTEN THE TIME PERIOD THE ALTERNATIVE FUEL PURCHASE INCENTIVE IS AVAILABLE, TO BROADEN THE INCENTIVE PAYMENT QUALIFICATIONS FOR THE PRODUCTION OF ELECTRICITY OR METHANE GAS FUEL, TO REPLACE "METHANE GAS FUEL" WITH "ENERGY", AND TO DELETE THE LIMITATIONS ON THE INCENTIVE AMOUNTS; TO AMEND SECTION 46-3-260, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RENEWABLE ENERGY INFRASTRUCTURE DEVELOPMENT FUND AND LOW INTEREST LOANS AND GRANTS, SO AS TO EXPAND THE PURVIEW OF THE MATCHING GRANTS FOR NEW AND FUTURE BIOMASS TECHNOLOGIES TO INCLUDE SOLAR, GEOTHERMAL, WIND ENERGY, AND SMALL HYDROPOWER TECHNOLOGIES AND TO PROVIDE THAT THE DEPARTMENT OF AGRICULTURE RATHER THAN THE DEPARTMENT OF REVENUE MAY ADMINISTER THE FUND AND COORDINATE ITS EFFORTS WITH THE STATE ENERGY OFFICE; TO AMEND SECTION 12-6-3600, AS AMENDED, RELATING TO TAX CREDITS FOR AN ETHANOL AND BIODIESEL FACILITY, SO AS TO EXTEND THE TAX CREDIT TO 2017, TO ALLOW THE TAXPAYER TO CLAIM THE CREDIT FOR THE FIRST SIX MONTHS IT MET THE REQUIREMENTS IN ADDITION TO QUALIFYING FOR THE CURRENT TAXABLE YEAR; TO ALLOW UNUSED CREDIT TO BE CARRIED FORWARD FOR TEN YEARS, TO REQUIRE APPROVAL BY THE STATE ENERGY OFFICE RATHER THAN THE DEPARTMENT OF REVENUE, AND TO REQUIRE EACH TAXPAYER TO SUBMIT A REQUEST TO THE STATE ENERGY OFFICE WITHIN A SPECIFIED TIME PERIOD AND SUBJECT TO CERTAIN PRESCRIBED CONDITIONS; TO AMEND SECTION 12-6-3610, AS AMENDED, RELATING TO TAX CREDITS FOR THE COST OF PURCHASING AND INSTALLING PROPERTY TO DISTRIBUTE AND DISPENSE RENEWABLE FUELS, SO AS TO REVISE THE DEFINITION OF "RENEWABLE FUEL" FOR CERTAIN TAXPAYERS WHO PURCHASE OR CONSTRUCT QUALIFYING FACILITIES OR COMMERCIAL FACILITIES, TO DELETE THE ONE HUNDRED FIFTY THOUSAND DOLLAR LIMIT, AND TO REQUIRE EACH TAXPAYER TO SUBMIT A REQUEST TO THE STATE ENERGY OFFICE WITHIN A SPECIFIED TIME PERIOD AND SUBJECT TO CERTAIN PRESCRIBED CONDITIONS; TO AMEND SECTION 12-6-3620, AS AMENDED, RELATING TO TAX CREDITS FOR THE COST OF METHANE GAS USE, SO AS TO DELETE THE PROVISIONS RELATED TO METHANE GAS, TO END THE TAX CREDIT ALLOWABLE FOR THE PURCHASE AND INSTALLATION OF CERTAIN ENERGY-CREATING FUELS WITH NO LESS THAN NINETY PERCENT BIOMASS RESOURCE, TO ALLOW THE STATE ENERGY OFFICE TO CONSULT WITH OTHER SPECIFIED AGENCIES TO CERTIFY THE COSTS OF THE TAXPAYER, TO PROVIDE PARAMETERS FOR THE TAX CREDIT, TO REDEFINE "BIOMASS RESOURCE", AND TO REQUIRE EACH TAXPAYER TO SUBMIT A REQUEST TO THE STATE ENERGY OFFICE WITHIN A SPECIFIED TIME PERIOD AND SUBJECT TO CERTAIN PRESCRIBED CONDITIONS; AND TO AMEND SECTION 12-6-3631, RELATING TO THE BIODIESEL EXPENDITURES TAX CREDIT, SO AS TO EXPAND THE DEFINITIONS OF "QUALIFIED EXPENDITURES FOR RESEARCH AND DEVELOPMENT" AND "CELLULOSIC ETHANOL" AND TO REQUIRE EACH TAXPAYER TO SUBMIT A REQUEST TO THE STATE ENERGY OFFICE WITHIN A SPECIFIED TIME PERIOD AND SUBJECT TO CERTAIN PRESCRIBED CONDITIONS.
(R275, H. 3853 (Word version)) -- Reps. Witherspoon, Walker, Bales, Harvin, Littlejohn, Lowe, Mahaffey, Miller, M.A. Pitts, Spires and Bowers: AN ACT TO AMEND SECTION 56-5-4630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PLACEMENT OF A RED LIGHT, LANTERN, OR FLAG UPON A LOAD THAT EXTENDS FOUR FEET OR MORE BEYOND THE BED OR BODY OF A VEHICLE, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH THE RED LIGHT, LANTERN, OR FLAG MUST BE PLACED UPON THE LOAD, AND TO PROVIDE THAT UNDER CERTAIN CIRCUMSTANCES AN AMBER STROBE LIGHT MUST BE AFFIXED TO THE LOAD; TO AMEND SECTION 56-5-4160, AS AMENDED, RELATING TO THE OPERATION OF CERTAIN VEHICLES, AND VEHICLE COMBINATIONS WITH LAWFUL GROSS WEIGHTS AND LOADS, SO AS TO PROVIDE THAT THE MAXIMUM GROSS VEHICLE WEIGHT AND AXLE WEIGHT LIMIT FOR CERTAIN VEHICLES EQUIPPED WITH AN IDLE REDUCTION SYSTEM MAY BE INCREASED BY AN AMOUNT THAT DOES NOT EXCEED FOUR HUNDRED POUNDS; TO AMEND SECTION 56-5-4140, RELATING TO THE GROSS WEIGHT OF CERTAIN VEHICLES, SO AS TO ESTABLISH ENFORCEMENT TOLERANCES FOR VEHICLES TRANSPORTING CERTAIN FOREST PRODUCTS AND SOD; TO AMEND SECTION 56-5-4060, RELATING TO THE MAXIMUM HEIGHT OF CERTAIN VEHICLES, AND THE PASSAGE OF VEHICLES UNDER AN OVERHEAD OBSTRUCTION, SO AS TO REVISE THE TYPES OF VEHICLES THAT MAY NOT EXCEED THE EXISTING MAXIMUM HEIGHT, TO ESTABLISH A NEW HEIGHT RESTRICTION FOR CERTAIN VEHICLES, TO PROVIDE A PROCEDURE TO OBTAIN AN EXEMPTION FROM COMPLYING WITH A PARTICULAR HEIGHT RESTRICTION, AND TO DELETE THE PROVISION THAT PROVIDES THAT AN AUTOMOBILE TRANSPORTER IS RESPONSIBLE FOR CERTAIN PERSONAL INJURIES AND PROPERTY DAMAGE RESULTING FROM OPERATING A UNIT IN EXCESS OF A CERTAIN HEIGHT; BY ADDING CHAPTER 35 TO TITLE 56 SO AS TO ESTABLISH IDLING RESTRICTIONS FOR COMMERCIAL DIESEL VEHICLES, TO PROVIDE PENALTIES FOR VEHICLES THAT VIOLATE THE PROVISIONS OF THIS CHAPTER, TO PROVIDE THAT THE STATE TRANSPORT POLICE DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY SHALL ENFORCE THE PROVISIONS CONTAINED IN THIS CHAPTER, TO PROVIDE THAT FINES COLLECTED PURSUANT TO THIS CHAPTER MUST BE PLACED IN THE DIESEL IDLING REDUCTION FUND ADMINISTERED BY THE STATE TREASURY AND USED TO DEVELOP AND OPERATE AN IDLING AWARENESS PROGRAM, AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL PROMULGATE REGULATIONS TO ADMINISTER AND ENFORCE THE PROVISIONS OF THIS CHAPTER; AND TO AMEND SECTION 56-5-4160, AS AMENDED, RELATING TO THE OPERATION OF CERTAIN VEHICLES AND VEHICLE COMBINATIONS WITH LAWFUL GROSS WEIGHTS AND LOADS, SO AS TO PROVIDE THAT THE UNIFORM CITATION USED BY THE STATE TRANSPORT POLICE DIVISION ALSO MUST BE USED FOR IDLING VIOLATIONS, AND TO REVISE CERTAIN LANGUAGE CONTAINED ON THE CITATION.
(R276, H. 4408 (Word version)) -- Reps. Skelton, Harrell, Walker and Bedingfield: AN ACT TO AMEND SECTIONS 59-104-25 AND 59-149-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP STIPEND FOR STUDENTS MAJORING IN MATHEMATICS OR SCIENCES AND THE LIFE SCHOLARSHIP STIPEND FOR STUDENTS MAJORING IN MATHEMATICS OR SCIENCES, RESPECTIVELY, BOTH SO AS TO REVISE THE COURSE REQUIREMENTS NECESSARY TO RECEIVE THE STIPEND DURING A STUDENT'S FRESHMAN YEAR.
(R277, H. 4450 (Word version)) -- Rep. Gullick: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-840 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL MAINTAIN AND MOW BEYOND THIRTY FEET FROM THE PAVEMENT ROADSIDE VEGETATION ADJACENT TO INTERSTATE HIGHWAY 77 IN YORK COUNTY BETWEEN MILE MARKER 89 AND THE NORTH CAROLINA STATE LINE AND MAY ALLOW PERSONS WHO OWN LAND ADJACENT TO THIS PROPERTY TO ASSIST THE DEPARTMENT IN MEETING THE REQUIREMENTS OF THIS SECTION; AND BY ADDING SECTION 57-23-850 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAINTAIN AND MOW ROADSIDE VEGETATION BEYOND THIRTY FEET FROM THE PAVEMENT WITHIN THE CITY OF GREENVILLE ALONG SEVERAL INTERSTATE INTERCHANGES.
(R278, H. 4548 (Word version)) -- Reps. Umphlett, Cobb-Hunter, G.M. Smith, Lowe, Hutson, Jefferson, Toole, Vick, J.H. Neal, Huggins, Haley, Witherspoon, Anderson, Dantzler, Duncan, Knight, Ott, E.H. Pitts, Spires, Williams and Funderburk: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-5 SO AS TO PROVIDE FOR DEFINITIONS FOR PURPOSES OF CHAPTER 13 OF TITLE 50, RELATING TO THE PROTECTION OF FISH; BY ADDING SECTION 50-13-221 SO AS TO PROVIDE FOR CATCH LIMITS, LENGTH LIMITS, AND OTHER REGULATIONS PERTAINING TO STRIPED BASS TAKEN IN THE LOWER SANTEE RIVER AND COOPER RIVER SYSTEMS DURING SPECIFIED PERIODS; TO AMEND SECTION 50-9-1120, RELATING TO THE POINT SYSTEM FOR HUNTING AND FISHING VIOLATIONS, SO AS TO ADD ADDITIONAL POINTS FOR OTHER FISHING VIOLATIONS; TO AMEND SECTION 50-13-285, RELATING TO PENALTIES FOR EXCEEDING CERTAIN LIMITS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE PENALTIES APPLY; TO AMEND SECTION 50-13-236, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS TAKEN FROM LAKE MURRAY OR PORTIONS OF THE SALUDA RIVER, SO AS TO PERMIT NOT MORE THAN TWO STRIPED BASS TO BE TAKEN AND RETAINED FROM LAKE MURRAY WHICH ARE LESS THAN THE LEGAL SIZE LIMIT DURING A SPECIFIED PERIOD; TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES SHALL REVIEW THE HIGH MORTALITY RATES OF FINGERLINGS AND MAKE A REPORT TO THE CHAIRMEN OF THE SENATE FISH, GAME AND FORESTRY COMMITTEE AND THE HOUSE AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL AFFAIRS COMMITTEE ON ITS RECOMMENDATIONS AND ACTIONS TO IMPROVE THESE RATES WITHIN EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE OF THIS ACT; AND TO REPEAL SECTIONS 50-13-220, 50-13-230, AND 50-13-235 RELATING TO STRIPED BASS CATCH AND TAKING REQUIREMENTS.
(R279, H. 4952 (Word version)) -- Rep. M.A. Pitts: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-96 SO AS TO PROHIBIT THE INTRODUCTION OF A FERTILITY CONTROL AGENT OR CHEMICAL SUBSTANCE INTO WILDLIFE WITHOUT A PERMIT FROM THE DEPARTMENT OF NATURAL RESOURCES, TO PROVIDE EXCEPTIONS, TO PROVIDE THE MANNER AND CIRCUMSTANCES UNDER WHICH THE DEPARTMENT MAY ISSUE A PERMIT, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
(R280, H. 4980 (Word version)) -- Reps. Herbkersman, Merrill, E.H. Pitts, Cato, Bedingfield, Haskins, Walker, D.C. Smith, J.R. Smith, Barfield, Crawford, Davenport, Lowe, Rice, Simrill, G.R. Smith, Young, Edge and Mulvaney: AN ACT TO AMEND SECTION 59-40-110, AS AMENDED, AND SECTION 59-40-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPROVAL, RENEWAL, REVOCATION, TERMINATION OF CHARTERS FOR CHARTER SCHOOLS AND TERMINATION OF A CHARTER SCHOOL'S CONTRACT WITH ITS SPONSOR, AND APPEAL OF A DECISION TO REVOKE OR NOT RENEW A CHARTER SCHOOL, SO AS TO INCREASE THE CHARTER PERIOD FROM FIVE TO TEN YEARS AND PROVIDE THAT APPEALS ARE TAKEN TO THE ADMINISTRATIVE LAW COURT RATHER THAN THE STATE BOARD OF EDUCATION; TO AMEND SECTION 59-40-70, AS AMENDED, RELATING TO THE CHARTER SCHOOL ADVISORY COMMITTEE AND ITS ROLE IN THE REVIEW OF CHARTER SCHOOL APPLICATIONS, SO AS TO PROVIDE THAT APPEALS BY AN APPLICANT OR A LOCAL SCHOOL BOARD OF TRUSTEES WITH RESPECT TO AN APPLICATION ARE TO THE ADMINISTRATIVE LAW COURT RATHER THAN THE STATE BOARD OF EDUCATION; TO AMEND SECTIONS 59-40-90 AND 59-40-180, BOTH AS AMENDED, RELATING TO APPEALS BY THE STATE BOARD OF EDUCATION WITH RESPECT TO ACTIONS BY A LOCAL SCHOOL BOARD OF TRUSTEES WITH RESPECT TO A CHARTER SCHOOL APPLICATION AND REGULATIONS AND GUIDELINES PROMULGATED OR DEVELOPED BY THE STATE BOARD OF EDUCATION, SO AS TO CONFORM THE APPELLATE PROCESS TO CHANGES MADE BY THIS ACT; AND TO AMEND SECTION 59-40-50, AS AMENDED, RELATING TO THE EXEMPTION FROM PUBLIC SCHOOL LAW AND REGULATIONS ALLOWED CHARTER SCHOOLS AND SEPARATE REQUIREMENTS IMPOSED ON CHARTER SCHOOLS, SO AS TO REVISE ENROLLMENT PRIORITY PROVISIONS.
The Senate returned to the House with concurrence the following:
H. 5130 (Word version) -- Rep. Delleney: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT 65 ALONG INTERSTATE HIGHWAY 77 IN CHESTER COUNTY "SENATOR LINDA SHORT INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "SENATOR LINDA SHORT INTERCHANGE".
At 1:30 p.m. the House, in accordance with the motion of Rep. HART, adjourned in memory of James David "J. D." Williams of Columbia, to meet at 10:00 a.m. tomorrow.
This web page was last updated on Monday, June 22, 2009 at 12:03 P.M.