Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
The Psalmist writes:
"How good it is to sing praises to our God; for he is gracious, and a song of praise is fitting." (Psalm 147:1b)
Let us bow in prayer:
On this Earth Day, O God, we cannot help but reflect upon our rich blessings here in South Carolina. The mountains, the Piedmont, the Sandhills, the sea are among our wondrous treasures here in this State. Lead these Senators, dear Lord-indeed, assist every single one of us-to be caring stewards, consciously guarding the resources which make this State so very special. Keep safe our military personnel wherever they happen to serve; and guide and direct all of our leaders. May all of us continue to sing praises to You for the very real blessings of life. In Your loving name we pray, Lord.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable Mark C. Sanford:
Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with the term to commence May 15, 2008, and to expire May 15, 2015
2nd Congressional District:
W. Leighton Lord III, 3628 Devereaux Road, Columbia, SC 29205 VICE Clarence Davis
Referred to the Committee on Judiciary.
Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with the term to commence May 19, 2007, and to expire May 19, 2014
Berkeley:
Peggy H. Pinnell, 1426 Dennis Boulevard, Moncks Corner, SC 29461 VICE Paul G. Campbell
Referred to the Committee on Judiciary.
Reappointment, Board of Directors of the South Carolina Public Service Authority, with the term to commence May 19, 2007, and to expire May 19, 2014
4th Congressional District:
Barry D. Wynn, 138 Turnberry Drive, Spartanburg, SC 29306
Referred to the Committee on Judiciary.
Initial Appointment, John De La Howe School Board of Trustees, with the term to commence April 1, 2006, and to expire April 1, 2011
At-Large:
Mary G. Daniel Wyatt, 738 Foothills Road, Greenville, SC 29617 VICE Ms. Joanne Montague
Referred to the Committee on Education.
Initial Appointment, Northeast Drought Response Committee, with the term to commence March 1, 2008, and to expire March 1, 2012
Power Generation Facilities:
W. Stuart Ames, Sr., 2519 Keswick Road, Florence, SC 29501 VICE Ken Kirkland
Referred to the Committee on Agriculture and Natural Resources.
Initial Appointment, Northeast Drought Response Committee, with the term to commence March 1, 2008, and to expire March 1, 2012
Public Service Districts:
Elbert C. Warren, 2813 Antioch Road, Hartsville, SC 29550
Referred to the Committee on Agriculture and Natural Resources.
Initial Appointment, Scenic Highways Committee, with the term to commence July 14, 2008, and to expire July 14, 2010
Agricultural:
William E. Dargan, 1306 South Charleston Road, Darlington, SC 29532 VICE Holly P. Carlisle
Referred to the Committee on Transportation.
Reappointment, Scenic Highways Committee, with the term to commence July 14, 2008, and to expire July 14, 2010
Tourism:
I. Mayo Read, 1823 Tacky Point Road, Wadmalaw Island, SC 29487
Referred to the Committee on Transportation.
Reappointment, Scenic Highways Committee, with the term to commence July 21, 2008, and to expire July 21, 2010
Outdoor Advertising:
Hal W. Stevenson, 1511 Hagood Ave., Columbia, SC 29205
Referred to the Committee on Transportation.
Reappointment, South Carolina State Board of Nursing, with the term to commence December 31, 2007, and to expire December 31, 2011
1st Congressional District:
Sylvia Margaret Anderson Whiting, 2461 Shadow Creek Court, North Charleston, SC 29406-9127
Referred to the Committee on Medical Affairs.
Initial Appointment, State Advisory Committee on Educational Requirements for Local Government Planning and Zoning Officials or Employees, with the term to commence June 30, 2008, and to expire June 30, 2012
Clemson:
Barry C. Nocks, Ph.D., AICP, 109 Sunset Drive, Greenville, SC 29605 VICE Dr. John T. Farris
Referred to the Committee on Judiciary.
The following was received:
Document No. 3139
Agency: Department of Health and Environmental Control
SUBJECT: Ice
Received by Lieutenant Governor January 9, 2008
Referred to Medical Affairs Committee
Legislative Review Expiration May 8, 2008
Revised: May 9, 2008
Withdrawn and Resubmitted April 17, 2008
Senator MALLOY introduced Dr. John C. Ropp of Hartsville, S.C., Doctor of the Day.
The following co-sponsors were added to the respective Bills:
S. 638 (Word version) Sens. Ceips, O'Dell and McGill
S. 808 (Word version) Sen. Ceips
S. 1055 (Word version) Sen. Ceips
The following were introduced:
S. 1314 (Word version) -- Senator Williams: A SENATE RESOLUTION RECOGNIZING THE ACCOMPLISHMENTS OF REVEREND HENRY K. PHILLIPS AND THANKING HIM FOR HIS THIRTY-SIX YEARS OF DEVOTED SERVICE TO MINISTRY.
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The Senate Resolution was adopted.
S. 1315 (Word version) -- Senator Ceips: A SENATE RESOLUTION RECOGNIZING AND HONORING THE SOUTH CAROLINA "VIGILANT GUARD" EXERCISE IN BEAUFORT.
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The Senate Resolution was adopted.
S. 1316 (Word version) -- Senator Gregory: A SENATE RESOLUTION CONGRATULATING MICHAEL PRATT FOR BEING NAMED 2008 ELEMENTARY LEVEL ASSISTANT PRINCIPAL OF THE YEAR BY THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS.
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The Senate Resolution was adopted.
S. 1317 (Word version) -- Senators Leventis and Land: A SENATE RESOLUTION TO HONOR AND RECOGNIZE WILLIAM RUTLEDGE "RUT" DINGLE, PRINCIPAL OF SUMTER HIGH SCHOOL, FOR HIS DEDICATION AND HARD WORK AS AN EDUCATOR AND TO CONGRATULATE HIM FOR BEING SELECTED THE 2008 METLIFE/NATIONAL ASSOCIATION OF SECONDARY SCHOOL PRINCIPALS SECONDARY PRINCIPAL OF THE YEAR BY THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS.
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The Senate Resolution was adopted.
S. 1318 (Word version) -- Senator Knotts: A SENATE RESOLUTION TO HONOR AND RECOGNIZE DR. NANCY L. TURNER, PRINCIPAL OF WHITE KNOLL MIDDLE SCHOOL IN LEXINGTON COUNTY FOR HER DEDICATION AND HARD WORK AS AN EDUCATOR AND TO CONGRATULATE HER FOR BEING SELECTED THE 2008 METLIFE/NATIONAL ASSOCIATION OF SECONDARY SCHOOL PRINCIPALS MIDDLE LEVEL PRINCIPAL OF THE YEAR BY THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS.
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The Senate Resolution was adopted.
H. 3023 (Word version) -- Rep. Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 TO TITLE 38 SO AS TO ENACT THE INTERSTATE INSURANCE PRODUCT REGULATION COMPACT TO REGULATE CERTAIN DESIGNATED INSURANCE PRODUCTS AND ADVERTISEMENT OF THOSE PRODUCTS UNIFORMLY AMONG THE STATES THAT ARE COMPACT MEMBERS, AND TO AUTHORIZE THIS STATE TO JOIN THE COMPACT.
Read the first time and referred to the Committee on Banking and Insurance.
H. 4022 (Word version) -- Reps. R. Brown, Allen, Bales, G. Brown, Davenport, Kirsh, Littlejohn, Mack, Mitchell, Neilson, Scott and F. N. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-7-285 SO AS TO ALLOW COSMETOLOGISTS, ESTHETICIANS, AND MANICURISTS TO PRACTICE IN BARBERSHOPS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 4737 (Word version) -- Rep. Harrison: A BILL TO AMEND CHAPTER 9, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE DEPARTMENT OF MENTAL HEALTH, SO AS TO PROVIDE THAT THE DIRECTOR MUST BE APPOINTED BY THE GOVERNOR INSTEAD OF THE COMMISSION, PROVIDE FOR THE ADVISORY CAPACITY OF THE COMMISSION, AND MAKE OTHER CHANGES TO PROVIDE CONFORMITY WITH THIS RESTRUCTURING; AND TO AMEND SECTIONS 44-11-30, 44-11-60, 44-11-70, 44-11-80, AND 44-11-110, RELATING TO VARIOUS POWERS, DUTIES, AND RESPONSIBILITIES OF THE SOUTH CAROLINA MENTAL HEALTH COMMISSION, SO AS TO FURTHER CONFORM THESE SECTIONS TO THE RESTRUCTURING OF THE POWERS OF THE COMMISSION.
Read the first time and referred to the Committee on Medical Affairs.
H. 4949 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - PANEL FOR DIETETICS, RELATING TO LICENSURE AND REGULATION OF PERSONS ENGAGING IN THE PRACTICE OF DIETETICS WITHIN THE STATE OF SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 3193, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Medical Affairs.
H. 5030 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO TANNING FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3114, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Medical Affairs.
H. 5046 (Word version) -- Reps. Breeland, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, 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, 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, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE GRADUATES OF THE ALLEN UNIVERSITY CLASS OF 1958 WHO ARE CELEBRATING THEIR GOLDEN ANNIVERSARY, AND TO CONGRATULATE THEM ON MANY SUCCESSES AND ACHIEVEMENTS WHICH THEY HAVE ACCOMPLISHED AS A RESULT OF THE EXCELLENT EDUCATION THEY RECEIVED AT ALLEN UNIVERSITY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5049 (Word version) -- Reps. F. N. Smith, Agnew, 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, 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, G. M. 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, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR BRANDON P. BROWN, OF GREENVILLE COUNTY, FOR HIS SUPPORT OF THE ANNUAL HISTORICALLY BLACK COLLEGE AND UNIVERSITY FOOTBALL AND BASKETBALL CLASSICS, AND TO CONGRATULATE HIM ON THE SUCCESSFUL WEEKEND OF EVENTS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5050 (Word version) -- Reps. F. N. Smith, Agnew, 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, 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, G. M. 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, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR DR. GEORGE C. BRADLEY, OF AUGUSTA, GEORGIA, FOR A LIFETIME OF SERVICE TO THE EDUCATION OF OUR NATION'S YOUTH, AND TO CONGRATULATE HIM UPON BEING NAMED PRESIDENT OF PAINE UNIVERSITY IN 2007.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5051 (Word version) -- Reps. Hayes, Agnew, 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, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, 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, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO HONOR AND REMEMBER THE SUPREME SACRIFICE MADE BY SERGEANT EDWARD PHILPOT OF THE SOUTH CAROLINA NATIONAL GUARD, WHILE HE WAS SERVING A TOUR OF MILITARY DUTY IN AFGHANISTAN, AND TO EXPRESS TO HIS WIFE AND FAMILY THE DEEPEST APPRECIATION OF A GRATEFUL STATE AND NATION FOR HIS LIFE, SACRIFICE, AND SERVICE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5062 (Word version) -- Reps. Hagood and Limehouse: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE MEMBERS OF THE WANDO HIGH SCHOOL CONCERT BAND, OF CHARLESTON COUNTY, AND TO CONGRATULATE THEM FOR WINNING THE COVETED SUDLER FLAG OF HONOR FOR THE YEAR 2007 FROM THE JOHN PHILIP SOUSA FOUNDATION.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator THOMAS from the Committee on Banking and Insurance submitted a favorable with amendment report on:
S. 1090 (Word version) -- Senators Thomas, Ford, Anderson and Jackson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA MORTGAGE LENDING ACT", BY ADDING CHAPTER 22 TO TITLE 37 SO AS TO REQUIRE THE LICENSING OF A MORTGAGE LENDER, LOAN OFFICER, LIMITED LOAN OFFICER, OR SOMEONE ACTING AS A MORTGAGE LENDER; TO PROVIDE DEFINITIONS; ESTABLISH QUALIFICATIONS FOR LICENSURE AND GROUNDS FOR REVOCATION, SUSPENSION, RENEWAL, AND TERMINATION; TO DESCRIBE PROHIBITED ACTIVITIES; TO PROVIDE FOR RECORD-KEEPING, TRUST AND ESCROW ACCOUNTS, AND ANNUAL REPORTS; TO PROVIDE FOR THE FELONY OFFENSE OF MORTGAGE FRAUD AND PENALTIES; TO PROVIDE FOR ENFORCEMENT OTHERWISE THROUGH THE DEPARTMENT OF CONSUMER AFFAIRS AND THROUGH CRIMINAL PENALTIES; TO AMEND SECTIONS 37-1-301, 37-3-501, AND 37-23-20, ALL RELATING TO DEFINITIONS IN CONNECTION WITH MORTGAGE LENDING AND BROKERING AND HIGH-COST AND CONSUMER HOME LOANS, SO AS TO CONFORM DEFINITIONS, AND TO ADD A DEFINITION FOR "ADJUSTABLE RATE MORTGAGE"; TO AMEND SECTIONS 37-23-40, 37-23-45, AND 37-23-75, ALL RELATING TO PROTECTIONS FOR THE BORROWER IN A HIGH-COST OR CONSUMER HOME LOAN TRANSACTION, SO AS TO REQUIRE CERTAIN DISCLOSURES IN CONNECTION WITH AN ADJUSTABLE RATE MORTGAGE; AND TO AMEND CHAPTER 58 OF TITLE 40, RELATING TO THE REGISTRATION OF MORTGAGE LOAN BROKERS, SO AS TO CHANGE THE REGISTRATION REQUIREMENTS TO LICENSING REQUIREMENTS, TO REDEFINE "MORTGAGE BROKER", "EXEMPT ORGANIZATION", "RESIDENTIAL REAL PROPERTY", INTER ALIA, AND TO ADD NEW DEFINITIONS, INCLUDING "BRANCH OFFICE", "PATTERN OF RESIDENTIAL MORTGAGE FRAUD", "TABLEFUNDING", AND OTHERS; TO REQUIRE CERTAIN PROFESSIONAL COURSES, AN ADDITIONAL YEAR OF EXPERIENCE, AND A FINGERPRINT CHECK FOR MORTGAGE BROKERS AND MORTGAGE ORIGINATORS; TO REQUIRE CERTAIN RECORDS BE KEPT AND MADE ACCESSIBLE; TO ADD CERTAIN PROHIBITIONS IN CONNECTION WITH A REAL ESTATE APPRAISAL; TO REQUIRE AND PRESCRIBE MORTGAGE BROKER AGREEMENTS; TO AUTHORIZE ENFORCEMENT BY THE DEPARTMENT OF CONSUMER AFFAIRS, AND PRESCRIBE ADMINISTRATIVE PENALTIES INCLUDING FINES AND INJUNCTIONS AND CRIMINAL PENALTIES; TO REQUIRE CERTAIN REPORTS AND FILINGS; AND TO PROVIDE FOR THE FELONY OFFENSE OF MORTGAGE FRAUD AND PENALTIES.
Ordered for consideration tomorrow.
Columbia, S.C., April 17, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 4450 (Word version) -- Rep. Gullick: A BILL 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 ALL PROPERTY AND VEGETATION UNDER ITS CONTROL AT EXIT 90 ALONG INTERSTATE HIGHWAY 77 IN YORK COUNTY AND ALLOW PERSONS WHO OWN LAND ADJACENT TO THIS PROPERTY TO ASSIST THE DEPARTMENT IN MEETING THE REQUIREMENTS OF THIS SECTION.
Very respectfully,
Speaker of the House
Received as information.
H. 4450 (Word version) -- Rep. Gullick: A BILL 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 ALL PROPERTY AND VEGETATION UNDER ITS CONTROL AT EXIT 90 ALONG INTERSTATE HIGHWAY 77 IN YORK COUNTY AND ALLOW PERSONS WHO OWN LAND ADJACENT TO THIS PROPERTY TO ASSIST THE DEPARTMENT IN MEETING THE REQUIREMENTS OF THIS SECTION.
On motion of Senator GROOMS, the Senate insisted upon its amendments to H. 4450 and asked for a Committee of Conference.
Whereupon, Senators HAYES, SHORT and FAIR were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
S. 1308 (Word version) -- Senators Malloy and Ritchie: A CONCURRENT RESOLUTION TO EXPRESS THE BELIEF OF THE GENERAL ASSEMBLY THAT NASCAR RACING IS AN INTEGRAL AND VITAL PART OF THE STATE OF SOUTH CAROLINA AND ITS ECONOMY, TO RECOGNIZE DARLINGTON RACEWAY AS ONE OF OUR STATE'S MOST TREASURED ATTRACTIONS, TO IDENTIFY SOUTH CAROLINA'S RICH NASCAR HISTORY, TO ENCOURAGE FUTURE NASCAR EVENTS IN THE STATE OF SOUTH CAROLINA, AND TO NAME THE WEEK OF MAY 4, 2008 THROUGH MAY 10, 2008, AS DARLINGTON RACEWAY WEEK.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 4845 (Word version) -- Reps. Neilson, Bales, Lucas and Williams: A BILL TO AMEND SECTION 44-61-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRAUMA ADVISORY COUNCIL, ITS MEMBERS, POWERS, AND DUTIES, SO AS TO ADD AN ORTHOPEDIC PHYSICIAN AND A PEDIATRIC PHYSICIAN TO THE COUNCIL.
The following House Bill was read the third time and ordered returned to the House with amendments:
H. 3798 (Word version) -- Rep. G.R. Smith: A BILL TO AMEND SECTION 20-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON WHO MAY PERFORM MARRIAGE CEREMONIES, SO AS TO ALSO INCLUDE THE CHIEF OF A NATIVE AMERICAN INDIAN ENTITY RECOGNIZED BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS.
The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:
S. 1082 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-72-65, 38-72-67, AND 38-72-69 SO AS TO PROVIDE FOR RESCINDING AND ISSUING LONG TERM CARE INSURANCE POLICIES, AND TO REQUIRE THE LICENSING AND TRAINING OF A PRODUCER OF THESE POLICIES; TO AMEND SECTION 38-72-40, RELATING TO DEFINITIONS CONTAINED IN THE LONG TERM CARE INSURANCE ACT, SO AS TO FURTHER DEFINE "LONG TERM CARE INSURANCE", AND TO DEFINE THE TERM "QUALIFIED LONG TERM CARE INSURANCE CONTRACT" OR "FEDERALLY TAX-QUALIFIED LONG TERM CARE INSURANCE CONTRACT"; TO AMEND SECTION 38-72-60, RELATING TO THE APPROVAL OF REGULATIONS, TERMS, AND CONDITIONS APPLICABLE TO A LONG TERM CARE INSURANCE POLICY AND GROUP POLICY, AND ADVERTISING RESTRICTIONS, SO AS TO PROVIDE THE ELEMENTS OF WHAT THESE POLICIES MAY INCLUDE AND THE CONDITIONS THAT MUST BE MET, AND ADDITIONAL ITEMS THAT MUST BE FURNISHED TO A POLICYHOLDER IN A MONTHLY REPORT; TO AMEND SECTION 38-72-70, RELATING TO THE ADOPTION OF REGULATIONS, SO AS TO AUTHORIZE THE DIRECTOR OF INSURANCE TO ISSUE CERTAIN REGULATIONS TO PROTECT A POLICYHOLDER IF THERE IS A SUBSTANTIAL RATE INCREASE AND ESTABLISH MINIMUM STANDARDS FOR PRODUCER EDUCATION, MARKETING PRACTICES, PENALTIES, AND REPORTING PRACTICES FOR LONG TERM CARE; AND TO AMEND SECTION 38-72-80, RELATING TO THE APPLICATION OF THIS CHAPTER, SO AS TO PROVIDE A SEVERABILITY PROVISION.
S. 901 (Word version) -- Senators Ceips and Leventis: A JOINT RESOLUTION TO CREATE THE HEALTHY LIFESTYLES STUDY COMMITTEE TO EXPLORE WAYS TO IMPROVE THE HEALTH OF SOUTH CAROLINIANS, 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, 2009, AT WHICH TIME THE STUDY COMMITTEE IS ABOLISHED.
S. 1059 (Word version) -- Senator O'Dell: A BILL TO AMEND SECTION 44-79-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITED CONTRACTUAL PROVISIONS IN CONTRACTS FOR PHYSICAL FITNESS SERVICES, SO AS TO MAKE TECHNICAL LANGUAGE AND REFERENCE CHANGES; AND TO AMEND SECTION 44-79-60, RELATING TO PERMISSIBLE CONTRACTUAL PROVISIONS IN CONTRACTS FOR PHYSICAL FITNESS SERVICES, SO AS TO PROVIDE FOR AUTOMATIC RENEWAL OPTIONS FOR PHYSICAL FITNESS SERVICES CONTRACTS ON CONDITION THAT THE AUTOMATIC RENEWAL BE FOR NO MORE THAN ONE MONTH, THE AUTOMATIC RENEWAL PROVISION BE DISCLOSED IN BOLD TYPE OF AT LEAST TEN-POINT FONT ON THE FRONT PAGE OF THE INITIAL CONTRACT, AND THE CUSTOMER BE GIVEN THE ABILITY TO OPT OUT OF THE AUTOMATIC RENEWAL PROVISION AT THE TIME THE INITIAL CONTRACT IS EXECUTED, TO PROVIDE THAT THE PRICE OF AN AUTOMATICALLY RENEWED CONTRACT MAY NOT CHANGE WITHOUT WRITTEN NOTICE TO THE CUSTOMER AT LEAST THIRTY BUT NO MORE THAN SIXTY DAYS PRIOR TO THE EFFECTIVE DATE OF THE CHANGE IN PRICE, AND TO PROVIDE CANCELLATION OF A CONTRACT VOIDS AUTOMATIC RENEWAL PROVISIONS.
The following Bills and Joint Resolution, having been read the second time, were ordered placed on the Third Reading Calendar:
S. 1069 (Word version) -- Senators Rankin, Scott, Elliott, Hawkins, Campbell, Cleary, Land and Malloy: A BILL TO AMEND SECTION 61-6-4160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON SUNDAY SALES OF ALCOHOLIC LIQUORS AND STATEWIDE ELECTION DAY SALES OF ALCOHOLIC LIQUORS, SO AS TO DELETE THE PROHIBITION ON THE SALE OF ALCOHOLIC LIQUORS ON STATEWIDE ELECTION DAYS.
S. 1156 (Word version) -- Senator Cromer: A BILL TO AMEND SECTION 40-43-86, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, THE STAFFING REQUIREMENTS FOR PHARMACIES, SO AS TO INCREASE FROM THREE TO FOUR THE NUMBER OF TECHNICIANS THAT A PHARMACIST MAY SUPERVISE AND TO REQUIRE THAT IF A PHARMACIST SUPERVISES FOUR TECHNICIANS, TWO OF THE FOUR MUST BE STATE CERTIFIED.
Senator CROMER explained the Bill.
Senator HAYES desired to be recorded as voting against the second reading of the Bill.
S. 1244 (Word version) -- Senators Campsen, Gregory, Cromer, Ceips, McConnell, Scott and Cleary: A BILL TO AMEND SECTION 50-3-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOURCE OF ASSETS OF THE WILDLIFE ENDOWMENT FUND, SO AS TO PROVIDE THAT ALL LIFETIME PRIVILEGE FEES SHALL BE PART OF THE ASSETS OF THE FUND; TO AMEND SECTION 50-9-510, RELATING TO HUNTING AND FISHING LICENSES AUTHORIZED FOR SALE, SO AS TO PROVIDE THAT A LIFETIME STATEWIDE HUNTING LICENSE MAY BE OBTAINED FROM THE DEPARTMENT AT DESIGNATED LICENSING LOCATIONS RATHER THAN AT THE DEPARTMENT'S COLUMBIA HEADQUARTERS; TO AMEND SECTION 50-9-520, RELATING TO LIFETIME COMBINATION LICENSES, SO AS TO REVISE THE TYPE OF LICENSES OFFERED, THE FEES FOR THESE LICENSES, THE LOCATIONS AT WHICH THEY MAY BE OBTAINED, AND THE PROCESS FOR CONVERTING CERTAIN LIFETIME LICENSES INTO SENIOR LIFETIME LICENSES; TO AMEND SECTION 50-9-540, RELATING TO FISHING LICENSES, SO AS TO CLARIFY THAT CERTAIN LICENSES ARE FOR RECREATIONAL FRESHWATER FISHING AND TO PROVIDE THE PROCEDURE AND FEE FOR OBTAINING A LIFETIME SALTWATER RECREATIONAL FISHERIES LICENSE; TO AMEND SECTION 50-13-1130, RELATING TO WHEN COMMERCIAL FRESHWATER FISHING LICENSES ARE REQUIRED, SO AS TO FURTHER PROVIDE FOR WHEN THESE LICENSES ARE REQUIRED; AND TO AMEND SECTION 50-13-1135, RELATING TO WHEN COMMERCIAL OR RECREATIONAL FRESHWATER FISHING LICENSES ARE REQUIRED WHEN USING CERTAIN DEVICES, SO AS TO FURTHER PROVIDE FOR THE CIRCUMSTANCES REQUIRING EACH LICENSE.
Senator GREGORY explained the Bill.
S. 1312 (Word version) -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ENVIRONMENTAL PROTECTION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3112, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1288 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-1920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE UNDER CERTAIN CONDITIONS OF EXOTIC FARM-RAISED VENISON AND PENALTIES FOR VIOLATING THE PROVISIONS OF THIS SECTION, SO AS TO PROVIDE THAT THE PROHIBITIONS OF THIS SECTION DO NOT APPLY TO THE SALE OR PURCHASE OF PROCESSED PET FOODS OR PET TREATS CONTAINING EXOTIC FARM-RAISED VENISON, AND TO PROVIDE FOR CERTAIN REGISTRATION AND LABELING REQUIREMENTS OF THIS EXCEPTION.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.
The Committee on Fish, Game and Forestry proposed the following amendment (GJK\20657SD08), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 50-11-1920 of the 1976 Code is amended by adding a new subsection appropriately lettered to read:
"( ) The provisions of this section also do not apply to the sale or purchase of already processed and packaged pet foods or pet treats containing imported exotic farm-raised venison. Any product offered pursuant to this subsection must have an official product registration issued by the South Carolina Department of Agriculture. Any product offered pursuant to this subsection also must be referred to as being from exotic farm-raised venison or with a similar designation indicating the origin of the product." /
Renumber sections to conform.
Amend title to conform.
Senator GREGORY explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 1104 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 71 OF TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-242, SO AS TO PROVIDE FOR THE DEFINITION OF THE TERMS "ACTUAL CHARGE" OR "ACTUAL FEE" WHEN USED IN INDIVIDUAL OR GROUP SPECIFIED DISEASE INSURANCE POLICIES AND TO REQUIRE THAT NO INSURER OR ISSUER OF ANY INDIVIDUAL OR GROUP SPECIFIED DISEASE INSURANCE POLICY PAY ANY CLAIM OR BENEFITS UNDER THE APPLICABLE POLICY IN AN AMOUNT IN EXCESS OF ACTUAL CHARGE OR ACTUAL FEE AS DEFINED.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Banking and Insurance.
Senator HUTTO proposed the following amendment (JUD1104.006), which was adopted:
Amend the committee report, as and if amended, page [1104-1], by striking lines 25-41, and on page [1104-2], by striking lines 1-15 and inserting:
/ "Section 38-71-242. (A)(1) When used in any individual or group specified disease insurance policy in connection with the benefits payable for goods or services provided by any health care provider or other designated person or entity, the terms 'actual charge', 'actual charges', 'actual fee', or 'actual fees', shall mean the amount that the health care provider or other designated person or entity:
(a) agreed to accept, pursuant to a network or other agreement with a health insurer, third-party administrator, or other third-party payor, as payment in full for the goods or services provided to the insured;
(b) agreed or is obligated by operation of law to accept as payment in full for the goods or services provided to the insured pursuant to a provider, participation agreement, or supplier agreement under Medicare, Medicaid, or any other governmental administered health care program, where the insured is covered or reimbursed by such program; or
(c) if both subitems (a) and (b) of this subsection apply, the lowest amount determined under these two subitems; and
(2) must include any applicable deductibles, co-insurance requirements, or co-pay requirements applicable to the insured under any governmental administered health care program or any private primary health insurance coverage for the health care provider's goods or services provided to the insured.
(B) This section applies to any individual or group specified disease insurance policy issued to any resident of this State that contains the terms 'actual charge', 'actual charges', 'actual fee', or 'actual fees' and does not contain an express definition for the terms 'actual charge', 'actual charges', 'actual fee', or 'actual fees'.
(C) Notwithstanding any other provision of law, after the effective date of this section, an insurer or issuer of any individual or group specified disease insurance policy shall not pay any claim or benefits based upon an actual charge, actual charges, actual fee, or actual fees under the applicable policy in an amount in excess of the 'actual charge', 'actual charges', 'actual fee', or 'actual fees' as defined in this section." /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the perfecting amendment.
The perfecting amendment was adopted.
The Committee on Banking and Insurance proposed the following amendment (JUD1104.002), which was adopted:
Amend the bill, as and if amended, pages 1 and 2, by striking SECTION 1 in its entirety and inserting therein the following:
/ SECTION 1. Chapter 71, Title 38 of the 1976 Code is amended by adding:
"Section 38-71-242. (A) The terms 'actual charge,' 'actual charges,' 'actual fee,' or 'actual fees,' when used in any individual or group specified disease insurance policy in connection with the benefits payable for services rendered by any health care provider or other designated person or entity, shall mean the amount that the health care provider or other designated person or entity:
(1) agreed to accept, pursuant to a network or other participation agreement with a health insurer, third-party administrator, other third-party payor, or any other person, including the insured, as payment in full for the goods or services provided to the insured; or
(2) agreed or is obligated by operation of law to accept as payment in full for the goods or services provided to the insured pursuant to a provider, participation or supplier agreement under Medicare, Medicaid, or any other government administered health care program, where the insured is covered or reimbursed by such program.
(B) In the event that both items (1) and (2) of subsection (A) apply, the 'actual charge,' 'actual charges,' 'actual fee,' or 'actual fees' shall be the lesser of the amounts determined under the two clauses.
(C) This section applies to any individual or group specified disease insurance policy issued to any resident of this State that contains the terms 'actual charge,' 'actual charges,' 'actual fee,' or 'actual fees' without containing an express definition for the term.
(D) Notwithstanding any other provision of law, after the effective date of this section, no insurer or issuer of any individual or group specified disease insurance policy shall pay any claim or benefits based upon an actual charge, actual charges, actual fee, or actual fees under the applicable policy in an amount in excess of the 'actual charge,' 'actual charges,' 'actual fee,' or 'actual fees' as defined in this section."/
Renumber sections to conform.
Amend title to conform.
Senator GREGORY explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 815 (Word version) -- Senators Setzler, Courson, Short, Matthews, Rankin, Hayes, Sheheen, Drummond and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 35, TITLE 59 SO AS TO CREATE A FULL-DAY, FOUR-YEAR-OLD KINDERGARTEN, TO DEFINE CERTAIN TERMS, TO PROVIDE REQUIREMENTS FOR STUDENT ELIGIBILITY AND PRIORITY FOR ADMISSION, TO PROVIDE DUTIES OF THE DEPARTMENT OF EDUCATION AND OTHER STATE AGENCIES, TO PROVIDE FUNDING AND REPORTING REQUIREMENTS, TO PROVIDE THAT ENROLLMENT IS A MATTER OF PARENTAL DISCRETION, TO PROVIDE THAT A FEE OR TUITION MAY NOT BE CHARGED, TO PROVIDE A PARENTING EDUCATION PROGRAM, AMONG OTHER THINGS; AND TO DESIGNATE SECTION 59-35-10 AS ARTICLE 1, CHAPTER 35, TITLE 59 AND ENTITLED "FIVE-YEAR-OLD KINDERGARTEN".
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.
Senators PEELER, SETZLER and HAYES proposed the following amendment (815R003.JEC), which was adopted:
Amend the committee amendment, as and if amended, by striking the committee amendment in its entirety and inserting:
/ SECTION 1. Chapter 35, Title 59 of the 1976 Code is amended by adding:
Full-Day, Four-Year-Old Kindergarten
Section 59-35-310. (A) There are created full-day, four-year-old kindergartens to offer private and state supported, public full-day, four-year-old kindergarten educational services to children considered at-risk. The kindergartens shall focus on the developmental and learning support that children must have to be ready for school, and also must incorporate parenting education.
(B) As used in this article:
(1) 'At-risk' means a child whose family's annual income at the time of application is not more than one hundred eighty-five percent of the federal poverty guidelines as promulgated annually by the United States Department of Health and Human Services, making the child eligible for the free or reduced price lunch program, or a child who is eligible for Medicaid.
(2) 'Department' means the South Carolina Department of Education.
(3) 'First Steps' means the Office of First Steps to School Readiness as provided in this title.
(4) 'Program' means a full-day education service provided by a public or private provider to serve at-risk, four-year-old children.
(5) 'Research based' means supported by nationally published, peer-reviewed research.
(6) 'Provider' means a state-approved public or private program.
(7) 'Public provider' means a public school approved program pursuant to this article.
(8) 'Private provider' means a provider who is not a public school but is approved to deliver a program pursuant to this article.
(9) 'Resident school district' means the public school district where the child resides.
(10) 'School year' means a one hundred eighty-day instructional period.
(11) 'Parent' means a natural parent, adoptive parent, or legal guardian of a child.
Section 59-35-320. (A) For the 2008-2009 school year, the targeted funded cost per child for full-day, four-year-old kindergarten is four thousand ninety-three dollars. The per child cost is intended to be increased annually by the current year's rate of inflation as determined by the Division of Research and Statistics of the Budget and Control Board for the Education Finance Act. An enrolled child must be funded on a pro-rata basis determined by the length of their enrollment. The targeted transportation cost per enrolled child requiring transportation services is five hundred fifty dollars. For the equipping of new classrooms the targeted per classroom cost is ten thousand dollars. Funding of up to two thousand five hundred dollars may be provided annually for the procurement of consumable and other materials in established classrooms.
(B) The amounts provided in this section are subject to appropriation by the General Assembly.
Section 59-35-330. (A) Beginning with the 2008-2009 fiscal year, the Education Oversight Committee shall receive funds provided by the General Assembly to support the annual collection of and continuous evaluation of data related to full-day, four-year-old kindergarten. The Education Oversight Committee is to submit to the General Assembly an evaluation of the first two years of the program by December 31, 2010, and every two years through school year 2015-2016, after which evaluations must be submitted to the General Assembly every five years.
(B) This ongoing evaluation must examine the program's quality and impact. Based on information, data, and evaluation results, the Education Oversight Committee shall include recommendations for program improvement as part of its report. The report must include, at least, information and recommendations on lead teacher qualifications, student attendance, pupil-teacher ratio, parental involvement, accreditation, professional development, and school readiness. In evaluating the program impact, the evaluation must include, at least, student test performance by content and developmentally appropriate measures of progress from kindergarten through twelfth grade.
(C) To aid in this evaluation, the Education Oversight Committee shall determine the data necessary and both public and private providers are required to submit the necessary data as a condition of continued participation in and funding of the program. The department and First Steps must assist in the data collection and long-term evaluation by developing a method for tracking a child enrolled in a program offered by a private provider.
Section 59-35-340. (A) For the 2008-2009 school year, a program must be available by approved public and private providers to children having attained the age of four years on or before September first of the school year and meeting the at-risk criteria established in this article with priority given:
(1) first, to continuing four-year-old kindergarten programs approved and funded as part of the Child Development Education Pilot Program; and
(2) second, with any funds remaining, a student must be served according to the percentage of poverty of the student's annual family income expressed as a percentage of federal poverty guidelines, with first priority given to a student whose family income is at the lowest level.
(B) A qualified applicant in an income priority category must be served before an applicant in the next priority category may be served.
(C) If available space permits, children with medically diagnosed developmental delays may be deemed eligible for participation once all income eligible children have been served.
Section 59-35-350. (A) A child's enrollment in a program is optional and within a parent's discretion.
(B) In order to enroll their child in one of the South Carolina Child Development Four-Year-Old Education Programs, the parent or guardian of each eligible child must complete and submit an application to the approved provider of choice. The application must be submitted on forms prescribed in this article and must be accompanied by the following:
(1) a copy of the child's birth certificate;
(2) proof of the child's immunization;
(3) evidence of the child's eligibility for the program based on annual family income or a statement of Medicaid eligibility; and
(4) all other information required by the approving agency.
(C) The application must be made to a provider according to a timetable established by the department and First Steps. A timetable must be the same for a public and private provider and be made public at least thirty days before the date by which an application may be submitted, although a provider may receive an application throughout the year. A child moving into this State during a school year may apply for admission to a program and enroll in a program when space becomes available, subject to the priority criteria in Section 59-35-340.
(D) A parent who desires to enroll his child in a public provider program outside the child's resident school attendance zone or district may do so on a space available basis and must be responsible for transporting the child to and from the provider. A private provider program may delineate the boundaries within which they are willing to provide transportation to eligible children.
(E) A child who enrolls in the program is expected to attend the program as required by mandatory attendance requirements of this chapter. A provider may revoke the enrollment of a child who fails to comply with these mandatory attendance requirements after having at least two documented conversations with the parent or guardian regarding the child's failure to adhere to the attendance requirements, and only if a waiting list of eligible applicants to the program exists. A qualified child may be admitted into the program pursuant to the provisions of this chapter when a child previously enrolled in the program has their enrollment revoked due to non-attendance.
Section 59-35-360. (A) Subject to the department's approval and based on need, a local school board of trustees must establish a program to serve an at-risk student residing in a school district. A center seeking to become a private provider of a program must apply to First Steps for approval.
(B) A provider must:
(1) comply with any law that prohibits discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, and need for a special education service;
(2) comply with all state and local health and safety laws;
(3) comply with all applicable state laws requiring a criminal background check for an employee;
(4) exclude from employment a person legally prohibited from working with children;
(5) comply with any state law or federal law, or any other requirement specific to a program provider;
(6) be accountable for meeting an education need of a child and at least quarterly reporting the child's progress to his parent;
(7) comply with required program, reporting, and assessment criteria;
(8) maintain an individual student record for a child enrolled in the program, including assessment data, health data, teacher observations, and parent conferences;
(9) determine whether to offer an extended day service for a child enrolled in the program; and
(10) obtain approval, registration, or licensure from the Department of Social Services.
(C) A board must consider the provider's student capacity before a program may be established. The board may not begin construction on additional classroom space if another provider within the school district has available classroom space.
Section 59-35-370. The department and First Steps shall:
(1) develop a provider application form, a child enrollment form, a list of data collection needed to implement and evaluate a program, an annual budget, and a procedure for distributing funding provided by the General Assembly; and
(2) establish criteria for awarding new classroom equipping grants, for a parenting education program required by this chapter, and for allowing a child to be retained.
Section 59-65-380. A provider may not charge a tuition or fee for a program.
Section 59-35-390. A provider shall offer a:
(1) complete educational program in accordance with age-appropriate instructional practice and a research-based preschool curriculum aligned with school success. Based on the South Carolina content standards, the department and First Steps may develop or approve school curricula used in a program; and
(2) high-quality, center-based program that at least includes:
(a) employment of a lead teacher who has a two-year degree in early childhood education or a closely related field. A public provider must meet lead teacher requirements as specified in federal statute or regulation;
(b) employment of an education assistant who has a high school degree and pre-service or in-service training in early childhood education;
(c) offering a full-day, center-based program for the school year;
(d) providing an approved research-based preschool curriculum that focuses on critical child development skills, with an emphasis on early literacy, numeracy, social development, and emotional development;
(e) adherence to the professional development requirements of a person providing instruction and classroom support to a child enrolled in a program, including annual participation in at least seven and one-half hours a semester or fifteen hours annually of professional development instruction in strategies and techniques to address the age-appropriate progress of pre-kindergarten students in developing emergent literacy skills, including, but not limited to, oral communication, knowledge of print and letters, phonemic and phonological awareness, and vocabulary and comprehension development; and
(f) maintenance of a classroom with between ten and twenty students who are four years old, and at least one lead teacher. If a classroom has more than ten children, there must be one lead teacher and one education assistant. A waiver of the minimum class size requirement may be granted by the department for a public provider or by First Steps for a private provider.
Section 59-35-400. (A) A provider shall integrate a parenting education program to promote school readiness through strengthening parent involvement in the learning process. A parent education program must include at least:
(1) interactive literacy activities between parents and their children; and
(2) parent training on how to be the primary home teacher for their children and a full partner in the education of their children.
(B) A provider must conduct documented parent conferences at least quarterly to ensure the parent's involvement in the student's life. A provider is not required to conduct an in-person parent conference more than twice a year.
Section 59-35-410. Regarding a private provider approved to offer services pursuant to this article, First Steps shall:
(1) serve as fiscal agent;
(2) verify student enrollment eligibility;
(3) coordinate oversight, monitoring, technical assistance, coordination, and training for classroom providers;
(4) serve as a clearinghouse for information and best practices related to programs;
(5) receive, review, and approve new classroom grant applications based on approved criteria;
(6) coordinate activities and promote collaboration with other private and public, including federal, providers in developing and supporting four-year-old kindergarten programs;
(7) collect and maintain data, as prescribed by the Education Oversight Committee, on children enrolled in private programs;
(8) develop guidelines as necessary for the implementation of a program; and
(9) recruit, review, and approve eligible providers while giving consideration to the provider's availability of permanent space for program service and whether temporary classroom space is necessary to provide a service to a child.
Section 59-35-420. Regarding a public school provider approved to offer services pursuant to this article, the department shall:
(1) serve as its fiscal agent;
(2) verify its student enrollment eligibility;
(3) coordinate oversight, monitoring, technical assistance, coordination, and training for classroom providers;
(4) serve as a clearinghouse for information and best practices related to programs;
(5) receive, review, and approve new classroom grant applications based on approved criteria;
(6) coordinate activities and promote collaboration with other public and private, including federal, providers in developing and supporting four-year-old kindergarten programs;
(7) collection and maintenance of data, as prescribed by the Education Oversight Committee, on children enrolled in public state-funded, full-day and half-day four-year-old kindergarten programs;
(8) develop guidelines as necessary for the implementation of the program; and
(9) recruit, review, and approve eligible providers while giving consideration to the provider's availability of permanent space for program service and whether temporary classroom space is necessary to provide a service to a child.
Section 59-35-430. Pursuant to this article, the South Carolina Department of Social Services shall maintain a list of all approved public and private providers, and provide the department, First Steps, and the Education Oversight Committee information needed to carry out the requirements of this article.
Section 59-35-440. The department, First Steps, the Department of Social Services, and the Education Oversight Committee shall collaboratively establish an ongoing public information campaign to inform the public of the State's four-year-old kindergarten program, space available, and educational options.
Section 59-35-450. The department and First Steps may promulgate regulations to implement the polices and purposes of this chapter."/
Renumber sections to conform.
Amend title to conform.
Senator PEELER explained the amendment.
The amendment was adopted.
Senator HAYES proposed the following amendment (815R004.JEC), which was adopted:
Amend the committee amendment, as and if amended, page [815-8] by striking lines 19 through 23 and inserting:
/ Section 59-35-440. The department, First Steps, the Department of Social Services, Head Start Collaboration Office, and the Education Oversight Committee collaboratively shall establish an ongoing public information campaign to maximize the utilization of public funds available for four-year-old kindergarten by informing the public of the state's program choices, slots available, and educational options. The parties are encouraged to work together to inform the public of all educational opportunities and options available for eligible four-year-old children. /
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the amendment.
The amendment was adopted.
Senator FAIR proposed the following amendment (815R008.MLF), which was tabled:
Amend the committee amendment, as and if amended, by striking Section 59-35-340 and inserting:
/ Section 59-35-340. (A) For the 2008-2009 school year, a program must be available by approved public and private providers to children having attained the age of four years on or before September first of the school year and meeting the at-risk criteria established in this article and residing in a trial and plaintiff school school district."/
Renumber sections to conform.
Amend title to conform.
Senator FAIR explained the amendment.
Senator HAYES moved to lay the amendment on the table.
The amendment was laid on the table.
Senator SHORT proposed the following amendment (815R009.LHS), which was adopted:
Amend the committee amendment, as and if amended, by striking Section 59-35-350(E) found on page [815-4], lines 34-42 through lines 1 and 2 on Page [815-5] and inserting:
/ (E) A student who enrolls in the program is expected to attend the program as required by mandatory attendance requirements of this chapter. A provider may revoke the enrollment of a student who fails to comply with these mandatory attendance requirements after documenting at least two communications, at least one of which must be a certified letter, with the parent or guardian, which indicate objectively that attendance requirements are not adhered to, and only if a waiting list of eligible applicants to the program exists. A qualified student may be admitted into the program pursuant to the provisions of this chapter when a student previously enrolled in the program has their enrollment revoked due to non-attendance. /
Renumber sections to conform.
Amend title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
Senator FAIR proposed the following amendment (815R007.MLF), which was tabled:
Amend the committee amendment, as and if amended, page [815-1], by striking lines 30 through 32 and inserting:
/ public full-day, four-year-old kindergarten educational services./
Amend the committee amendment further, as and if amended, page [815-1], by deleting lines 36 through 41.
Amend the committee amendment further, as and if amended, page [815-2], by striking line 6 and inserting:
/ by a public or private provider to serve four-year-old /
Amend the committee amendment further, as and if amended, page [815-2], by striking lines 41 and 42 and inserting:
/ kindergarten available to a student who submits an application for admission to a program pursuant to Section 59-35-340. /
Amend the committee amendment further, as and if amended, page [815-3], by striking lines 31 and 32 and inserting:
/ before September first of the school year and whose family annual income is not more than fifty percent of the federal poverty guidelines as promulgated annually by the United States Department of Health and Human Services, with priority given to: /
Amend the committee amendment further, as and if amended, page [815-5], by striking line 5 and inserting:
/ program to serve a student who meets the eligibility requirements of Section 59-35-340 and is residing in a school district that /
Renumber sections to conform.
Amend title to conform.
Senator FAIR explained the amendment.
Senator COURSON moved to lay the amendment on the table.
By a division vote of 20-9, the amendment was laid on the table.
The Committee on Education proposed the following amendment (815R002.JEC), which was adopted:
Amend the bill, as and if amended, page 1, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. Chapter 35, Title 59 of the 1976 Code is amended by adding:
Full-Day, Four-Year-Old Kindergarten
Section 59-35-310. (A) There are created full-day, four-year-old kindergartens to offer private and state supported, public full-day, four-year-old kindergarten educational services to children considered at-risk of not eventually graduating from high school. The kindergartens shall focus on the developmental and learning support that children must have to be ready for school, and also must incorporate parenting education.
(B) As used in this article:
(1) 'At-risk' means a child whose family's annual income at the time of application is not more than one hundred eighty-five percent of the federal poverty guidelines as promulgated annually by the United States Department of Health and Human Services, making him eligible for the free or reduced price lunch program, or a child who is eligible for Medicaid.
(2) 'Department' means the South Carolina Department of Education.
(3) 'First Steps' means the Office of First Steps to School Readiness as provided in this title.
(4) 'Program' means a full-day education service provided by a public or private provider to serve at-risk, four-year-old children.
(5) 'Research based' means supported by nationally published, peer-reviewed research.
(6) 'Provider' means a state-approved public or private program.
(7) 'Public provider' means a public school approved program pursuant to this article.
(8) 'Private provider' means a provider who is not a public school but is approved to deliver a program pursuant to this article.
(9) 'Resident school district' means the public school district where the child resides.
(10) 'School year' means a one hundred eighty-day instructional period.
(11) 'Parent' means a natural parent, adoptive parent, or legal guardian of a child.
Section 59-35-320. (A) The General Assembly annually shall appropriate funding to cover the per student cost, per student transportation cost, new classroom equipment cost, and the cost of procuring classroom consumables and materials related to full-day, four-year-old kindergarten in this State.
(B) For the 2008-2009 school year, the funded cost per child must be four thousand ninety-three dollars. This amount annually must increase by the current year's rate of inflation as determined by the Division of Research and Statistics of the Budget and Control Board for the Education Finance Act. Enrolled students must be funded on a pro-rata basis determined by the length of their enrollment. Transportation shall be funded at five hundred fifty dollars per student. Funding shall be provided for up to ten thousand dollars per class for equipping new classrooms. Funding of up to two thousand five hundred dollars may be provided annually for the procurement of consumable and other materials in established classrooms.
(C) No later than the 2012-2013, the General Assembly shall appropriate sufficient funding to make a full-day, four-year-old kindergarten available to an at-risk student who submits an application for admission to a program.
Section 59-35-330. (A) Beginning with the 2008-2009 fiscal year, the Education Oversight Committee shall receive funds provided by the General Assembly to support the annual collection of and continuous evaluation of data related to full-day, four-year-old kindergarten. The Education Oversight Committee is to submit to the General Assembly an evaluation of the first two years of the program by December 31, 2010, and every two years through school year 2015-2016, after which evaluations must be submitted to the General Assembly every five years.
(B) This ongoing evaluation must examine the program's quality and impact. Based on information, data, and evaluation results, the Education Oversight Committee shall include as part of its report recommendations for program improvement. The report must include, at least, information and recommendations on lead teacher qualifications, student attendance, pupil-teacher ratio, parental involvement, accreditation, professional development, and school readiness. In evaluating the program impact, the evaluation must include, at least, student test performance by content and developmentally appropriate measures of progress from kindergarten through twelfth grade.
(C) To aid in this evaluation, the Education Oversight Committee shall determine the data necessary and both public and private providers are required to submit the necessary data as a condition of continued participation in and funding of the program. The department and First Steps must assist in the data collection and long-term evaluation by developing a method for tracking a child enrolled in a program offered by a private provider.
Section 59-35-340. (A) For the 2008-2009 school year, a program must be available by approved public and private providers to students having attained the age of four years on or before September first of the school year and meeting the at-risk criteria established in this article with priority given:
(1) first, to continuing four-year-old kindergarten programs approved and funded as part of the Child Development Education Pilot Program; and
(2) second, with any funds remaining, students must be served according to the percentage of poverty of the student's annual family income expressed as a percentage of federal poverty guidelines, with first priority given to those students whose family income is at the lowest level.
(B) A qualified applicant in each income priority category must be served before an applicant in the next priority category may be served.
(C) If available space permits, students with medically diagnosed developmental delays may be deemed eligible for participation once all income eligible students have been served.
Section 59-35-350. (A) A child's enrollment in a program is optional and within a parent's discretion.
(B) In order to enroll their child in one of the South Carolina Child Development Four-Year-Old Education Programs, the parent or guardian of each eligible child must complete and submit an application to the approved provider of choice. The application must be submitted on forms prescribed in this article and must be accompanied by the following:
(1) a copy of the child's birth certificate;
(2) proof of the child's immunization;
(3) evidence of the child's eligibility for the program based on annual family income or a statement of Medicaid eligibility; and
(4) all other information required by the approving agency.
(C) The application must be made to a provider according to a timetable established by the department and First Steps. A timetable must be the same for a public and private provider and be made public at least thirty days before the date by which an application may be submitted, although a provider may receive an application throughout the year. A student moving into this State during a school year may apply for admission to a program and enroll in a program when space becomes available, subject to the priority criteria in Section 59-35-340.
(D) A parent who desires to enroll his child in a public provider program outside the child's resident school attendance zone or district may do so on a space available basis and must be responsible for transporting the child to and from the provider. Private provider programs may delineate the boundaries within which they are willing to provide transportation to eligible children.
(E) A student who enrolls in the program is expected to attend the program as required by mandatory attendance requirements of this chapter. A provider may revoke the enrollment of a student who fails to comply with these mandatory attendance requirements after having at least two documented conversations with the parent or guardian, which indicate objectively that attendance requirements are not adhered to, and only if a waiting list of eligible applicants to the program exists. A qualified student may be admitted into the program pursuant to the provisions of this chapter when a student previously enrolled in the program has their enrollment revoked due to non-attendance.
Section 59-35-360. (A) Subject to the department's approval and based on need, a local school board of trustees must establish a program to serve an at-risk student residing in a school district that the board governed by the authority. A person seeking to become a private provider of a program must apply to First Steps for approval.
(B) A provider must:
(1) comply with any law that prohibits discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, and need for a special education service;
(2) comply with all state and local health and safety laws;
(3) comply with all applicable state laws requiring a criminal background check for an employee;
(4) exclude from employment a person legally prohibited from working with children;
(5) comply with any state law or federal law, or any other requirement specific to a program provider;
(6) be accountable for meeting an education need of a child and at least quarterly reporting the child's progress to his parent;
(7) comply with required program, reporting, and assessment criteria;
(8) maintain an individual student record for a child enrolled in the program, including assessment data, health data, teacher observations, and parent conferences;
(9) determine whether to offer an extended day service for a child enrolled in the program; and
(10) obtain approval, registration, or licensure from the Department of Social Services.
(C) A board must consider the provider's student capacity before a program may be established. Classroom space for a program may not be constructed until a parent who submits an application for admission to the program is informed in writing by the program of space available with all providers in the resident school district of the parent's child for whom admission to a program is sought.
Section 59-35-370. The department and First Steps shall:
(1) develop a provider application form, a child enrollment form, a list of data collection needed to implement and evaluate a program, an annual budget, and a procedure for distributing funding provided by the General Assembly; and
(2) establish criteria for awarding new classroom equipping grants, for a parenting education program required by this chapter, and for allowing a student to be retained.
Section 59-65-380. A provider may not charge a tuition or fee for a program.
Section 59-35-390. A provider shall offer a:
(1) complete educational program in accordance with age-appropriate instructional practice and a research-based preschool curriculum aligned with school success. Based on the South Carolina content standards, the department and First Steps may develop or approve school curricula used in a program; and
(2) high-quality, center-based program that at least includes:
(a) employment of a lead teacher who has a two-year degree in early childhood education or a closely related field. Public providers must meet lead teacher requirements as specified in federal statute or regulation;
(b) employment of an education assistant who has a high school degree and pre-service or in-service training in early childhood education;
(c) offering a full-day, center-based program for the school year;
(d) providing an approved research-based preschool curriculum that focuses on critical child development skills, with an emphasis on early literacy, numeracy, social development, and emotional development;
(e) adherence to the professional development requirements of a person providing instruction and classroom support to a student enrolled in a program, including annual participation in at least seven and one-half hours a semester or fifteen hours annually of professional development instruction in strategies and techniques to address the age-appropriate progress of pre-kindergarten students in developing emergent literacy skills, including, but not limited to, oral communication, knowledge of print and letters, phonemic and phonological awareness, and vocabulary and comprehension development; and
(f) maintenance of a classroom with between ten and twenty students who are four years old, and a teacher-to-student ratio of one to ten. There must be at least one lead teacher for up to every ten students. A waiver of the minimum class size requirement may be granted by the department for a public provider or by First Steps for a private provider.
Section 59-35-400. (A) A provider shall integrate a parenting education program to promote school readiness through strengthening parent involvement in the learning process. A parent education program must include at least:
(1) interactive literacy activities between parents and their children; and
(2) parent training on how to be the primary home teacher for their children and a full partner in the education of their children.
(B) A provider must conduct documented parent conferences at least quarterly to ensure the parent's involvement in the student's life. A provider is not required to conduct an in-person parent conference more than twice a year.
Section 59-35-410. Regarding private providers approved to offer services pursuant to this article, First Steps shall:
(1) serve as fiscal agent;
(2) verify student enrollment eligibility;
(3) coordinate oversight, monitoring, technical assistance, coordination, and training for classroom providers;
(4) serve as a clearinghouse for information and best practices related to programs;
(5) receive, review, and approve new classroom grant applications based on approved criteria;
(6) coordinate activities and promote collaboration with other private and public, including federal, providers in developing and supporting four-year-old kindergarten programs;
(7) collect and maintain data, as prescribed by the Education Oversight Committee, on students enrolled in private programs;
(8) develop guidelines as necessary for the implementation of a program; and
(9) recruit, review, and approve eligible providers while giving consideration to the provider's availability of permanent space for program service and whether temporary classroom space is necessary to provide a service to a child.
Section 59-35-420. Regarding a public school provider approved to offer services pursuant to this article, the department shall:
(1) serve as its fiscal agent;
(2) verify its student enrollment eligibility;
(3) coordinate oversight, monitoring, technical assistance, coordination, and training for classroom providers;
(4) serve as a clearinghouse for information and best practices related to programs;
(5) receive, review, and approve new classroom grant applications based on approved criteria;
(6) coordinate activities and promote collaboration with other public and private, including federal, providers in developing and supporting four-year-old kindergarten programs;
(7) collection and maintenance of data, as prescribed by the Education Oversight Committee, on students enrolled in public state-funded, full-day and half-day four-year-old kindergarten programs;
(8) develop guidelines as necessary for the implementation of the program; and
(9) recruit, review, and approve eligible providers while giving consideration to the provider's availability of permanent space for program service and whether temporary classroom space is necessary to provide a service to a child.
Section 59-35-430. Pursuant to this article, the South Carolina Department of Social Services shall maintain a list of all approved public and private providers, and provide the department, First Steps, and the Education Oversight Committee information needed to carry out the requirements of this article.
Section 59-35-440. The department, First Steps, the Department of Social Services, and the Education Oversight Committee shall collaboratively establish an ongoing public information campaign to inform the public of the state's four-year-old kindergarten program, space available, and educational options.
Section 59-35-450. The department and First Steps may promulgate regulations to implement the polices and purposes of this chapter."/
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The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 4497 (Word version) -- Reps. Loftis, Umphlett, Lowe, Mitchell, Witherspoon, Dantzler, Duncan, Hodges and M.A. Pitts: A BILL TO AMEND SECTION 50-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATIONS OF BIRDS, ANIMALS, AND FISH, SO AS TO REMOVE WHITE PERCH FROM THE LIST OF GAME FISH IN THIS STATE.
Senator McCONNELL raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.
The PRESIDENT sustained the Point of Order.
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: A BILL 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, AS AMENDED, 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, AS AMENDED, RELATING TO PENALTIES FOR EXCEEDING CERTAIN LIMITS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE PENALTIES APPLY; AND TO REPEAL SECTIONS 50-13-220, 50-13-230, AND 50-13-235 RELATING TO STRIPED BASS CATCH AND TAKING REQUIREMENTS.
Senator McCONNELL raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.
The PRESIDENT sustained the Point of Order.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
S. 1242 (Word version) -- Senators Leatherman, Cleary, Short and Hayes: A BILL TO ESTABLISH THE SOUTH CAROLINA TAXATION REALIGNMENT COMMISSION, TO PROVIDE FOR THE COMMISSION'S MEMBERSHIP, POWERS, DUTIES, AND RESPONSIBILITIES, TO PROVIDE THAT THE COMMISSION MUST CONDUCT A COMPREHENSIVE STUDY OF THE STATE'S TAX SYSTEM AND SUBMIT A REPORT OF ITS RECOMMENDED CHANGES TO FURTHER THE GOAL OF MAINTAINING AND ENHANCING THE STATE AS AN OPTIMUM COMPETITOR IN THE EFFORT TO ATTRACT BUSINESSES AND INDIVIDUALS TO LOCATE, LIVE, WORK, AND INVEST IN THE STATE, AND TO PROVIDE FOR PROCEDURES GOVERNING THE CONSIDERATION OF LEGISLATION RESULTING FROM THE COMMISSION'S RECOMMENDATIONS.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senators SETZLER and KNOTTS proposed the following Amendment No. 1B (1242R022.NGS), which was adopted:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. (A) There is created the South Carolina Taxation Realignment Commission to be comprised of eleven members appointed as follows:
(1) one member each appointed by the President Pro Tempore of the Senate, the Senate Finance Committee Chairman, the Senate Majority Leader, and the Senate Minority Leader,
(2) one member each appointed by the Speaker of the House, the House Ways and Means Committee Chairman, the House Majority Leader, and the House Minority Leader,
(3) two members appointed by the Governor, and
(4) the Director of the Department of Revenue, to serve ex officio.
Members of the General Assembly may not be appointed to the commission. Members of the commission must have substantial academic or professional experience or specialization in one or more areas of public finance, government budgeting and administration, tax administration, economics, accounting, or tax law.
(B) The members of the commission:
(1) must meet as soon as practicable after appointment and organize itself by electing one of its members as chairman and such other officers as the commission may consider necessary. Thereafter, the commission must meet as necessary to fulfill the duties required by this joint resolutioin at the call of the chairman or by a majority of the members. A quorum consists of six members. The commission may engage or employ staff or consultants as may be necessary and prudent to assist the commission in the performance of its duties and responsibilities. Any staff or consultants must possess an academic background or substantial career experience in one or more fields including, but not limited to, economics, government budgeting and administration, urban and regional economic development, economic forecasting, or state and local public finance;
(2) shall serve without compensation, but are allowed the usual per diem and mileage as provided by law for members of boards, commissions, and committees while on official business to be paid by the member's appointing entity. Staffs of the Senate Finance Committee and the House Ways & Means Committee shall be available to assist the commission in its work. Any other expenses incurred by the commission shall be paid equally from each respective house's approved account subject to the approval of the respective Operations and Management Committees; and
(3) unless authorized by a further or subsequent enactment, conclude the commission's business and dissolve the commission effective January 1, 2010. The General Assembly may extend the dates by which the commission must submit reports required by this joint resolution.
(C) The duties of the commission shall be to:
(1) develop criteria for assessing the effectiveness of the current tax system structure as well as the likely systemic impact of any proposed changes effecting tax revenues and report the criteria to the General Assembly within six months of the effective date of this joint resolution, provided that all such criteria must be designed with an emphasis on the systemic balance of the state's revenue structure from the standpoint of adequacy, equity, and efficiency and with the goal of maintaining and enhancing the State as an optimum competitor in efforts to attract businesses and individuals to locate, live, work, and invest in the State;
(2) no later than February 25, 2009, prepare and deliver a report and recommendation to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee setting forth the sales tax exemptions or limitations to be retained, modified, or repealed, including the text of an amendment to the provisions of Article 21 of Chapter 36, Title 12, that effectuates the recommendations contained in the commission's report; and
(3) study and recommend to the General Assembly changes regarding the assessment of state taxes levied and other provisions affecting state revenue to fund the operation and responsibilities of state government. The commission's study must be a detailed, comprehensive, and careful evaluation of the state's tax system structure, to include all revenue laws of the State together with all other laws of the State which have a bearing on the study of the revenue laws and the results of the study and any legislative recommendations must be delivered not later than January 1, 2010. Any recommendations by the commission must not include changes to taxes levied by any local taxing entity except for sales taxes on items exempt from state sales tax pursuant to Section 12-36-2120.
(D) The text of the amending language required in item (C)(2) must be delivered to the Code Commissioner who must take steps to prepare the substance of the amendment to be enrolled and engrossed in the Code of Laws with the provisions of the amendment to take effect January 1, 2010, if the report is approved by enactment of a joint resolution which deals exclusively with the single subject and question of approval of the report and the associated amendment, in its entirety. The legislation containing the amendment to enact the recommendations of the report made by the commission must be introduced in both houses by the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee. An amendment is germane to legislation recommended by the commission only if the amendment seeks to make a technical change necessary to effectuate the purpose of the particular provision to be amended. An amendment that seeks to add, delete, or substantively change a recommendation or other provision affecting state revenue included in any legislation recommended by the commission may only be adopted or concurred in by a two-thirds majority of those present and voting in each respective house.
(E) Further legislative recommendations made by the commission must be introduced in both houses by the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee, respectively.
SECTION 2. This act takes effect upon approval by the Governor./
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Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
Senator THOMAS spoke on the amendment.
The amendment was adopted.
Senator GROOMS proposed the following Amendment No. 2 (1242R019.LKG), which was carried over:
Amend the joint resolution, as and if amended, by striking SECTION 1(B)(3) and inserting:
/ (3) The commission shall prepare a report of its recommendations, including proposed legislation, and submit the report to the General Assembly by January 1, 2010. Upon submission of the report required by this subsection, the commission shall terminate unless the commission is reauthorized by the General Assembly. The General Assembly may extend the date by which the commission must submit its report. /
Renumber sections to conform.
Amend title to conform.
Senator GROOMS explained the amendment.
Senator THOMAS asked unanimous consent to make a motion to give the Bill a second reading, carrying over all amendments to third reading and to waive the provisions of Rule 26B to allow amendments on third reading.
There was no objection and the motion was adopted.
Amendment No. 2 was carried over.
The provisions of Rule 26B relative to the voting requirements were waived and amendments could be offered on third reading.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
The Bill was returned to the status of Special Order.
On motion of Senator RANKIN, with unanimous consent, the name of Senator RANKIN was added as a co-sponsor of S. 1242.
Senator McCONNELL rose for an Expression of Personal Interest.
S. 392 (Word version) -- Senators Ritchie, Cromer, Sheheen, Campsen, Scott, Williams and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SOUTH CAROLINA ILLEGAL IMMIGRATION REFORM ACT", TO ADD CHAPTER 28 TO TITLE 8 RELATING TO THE ENFORCEMENT OF FEDERAL IMMIGRATION AND CUSTOM LAWS MEMORANDUM OF UNDERSTANDING, TO ADD CHAPTER 29 TO TITLE 8 RELATING TO THE VERIFICATION OF A PERSON'S LAWFUL PRESENCE IN THE UNITED STATES, TO PROHIBIT CERTAIN WAGES FROM BEING CLAIMED AS A DEDUCTIBLE EXPENSE FOR STATE INCOME TAX PURPOSES, TO PROVIDE THAT TAX WITHHOLDING AGENTS MUST WITHHOLD STATE INCOME TAX AT THE RATE OF SIX PERCENT OF THE COMPENSATION PAID UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT IT IS A FELONY TO KNOWINGLY TRANSPORT A PERSON WHO IS IN THE UNITED STATES ILLEGALLY, TO PROVIDE THAT ALL JAILS IN THIS STATE MUST MAKE A REASONABLE EFFORT TO DETERMINE WHETHER A PERSON CHARGED WITH CERTAIN CRIMES ARE LAWFULLY PRESENT IN THE UNITED STATES, TO PROVIDE A CIVIL CAUSE OF ACTION TO A PERSON WHO IS TERMINATED FOR ANOTHER PERSON WHO THE EMPLOYER KNEW WAS NOT LAWFULLY IN THE UNITED STATES, AND TO ADD CHAPTER 83 TO TITLE 40 RELATING TO REGISTRATION OF IMMIGRATION ASSISTANCE SERVICES. (ABBREVIATED TITLE)
Senator RITCHIE was recognized to give a status report of the Committee of Conference.
On motion of Senator RITCHIE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Eula Kirkpatrick of Waynesville, N.C., beloved mother-in-law of Mr. Jeff Horton, Chairman of the Spartanburg County Council.
At 2:09 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 2:00 P.M.
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