Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:
Lord, as so soon now we will be departing this Legislative Session hall, we would ask Your continued companionship as we go on our separate homeward ways. Give to each one a happy homecoming. And even while this hall is temporarily silent and these desks unoccupied for awhile and even though we are distances apart and consumed in other interests, keep us in Your care and direct us in Your wisdom. Keep us in Your care and bless us with Your blessings. 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. ROBINSON moved that when the House adjourns, it adjourn in memory of Richard Marvin Garrett, which was agreed to.
The following was received:
Dear Mr. Speaker:
This letter is to inform you that I am resigning from the Conference Committee on H. 3692.
Sincerely,
Rep. Fletcher Smith
The following was received:
June 22, 2000
The Honorable Chip Campsen
P.O. Box 11867
Columbia, SC 29211
Dear Chip:
The purpose of this letter is to appoint you to serve on the Conference Committee for H. 3692.
I know you will serve this Conference Committee with great honor and distinction. If you have any questions, please do not hesitate to contact me.
Sincerely,
David H. Wilkins
Speaker of the House
The following was received from the Senate:
Columbia, S.C., June 21, 2000
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. 3808:
H. 3808 (Word version) -- Reps. Kelley, Keegan, Witherspoon, Edge, Miller, Simrill, Rhoad, Altman, Barrett, Battle, Campsen, Davenport, Emory, Limehouse, R. Smith, Vaughn, Walker and Wilkes: A BILL TO AMEND SECTION 12-24-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEEDS EXEMPTED FROM THE STATE'S DEED RECORDING FEE, SO AS TO ALLOW AN EXEMPTION FOR DEEDS THAT TRANSFER REALTY FROM AN AGENT TO THE AGENT'S PRINCIPAL IN WHICH THE REALTY WAS PURCHASED WITH FUNDS OF THE PRINCIPAL.
Very respectfully,
President
On motion of Rep. HARRISON, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. CAMPSEN, SEITHEL and TAYLOR to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received:
Columbia, S.C., June 21, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1164:
S. 1164 (Word version) -- Senators Bryan, Setzler, Giese, Reese, Ford, Anderson, Branton, Waldrep, Hayes, Moore, Saleeby, Washington, J. V. Smith, Courson, Ravenel, Grooms, O'Dell, Holland, Fair, Martin, Matthews, Patterson, Elliott, Alexander, Land, Short, Rankin and McGill: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 28 SO AS TO ENACT THE "PARENT INVOLVEMENT IN THEIR CHILDREN'S EDUCATION ACT" INCLUDING PROVISIONS TO ESTABLISH A FRAMEWORK FOR ENCOURAGEMENT OF INCREASED PARENTAL INVOLVEMENT IN THE EDUCATION OF THEIR CHILDREN, FOR PARENTAL INVOLVEMENT TRAINING FOR EDUCATORS AND SCHOOL STAFF, FOR PARENTAL RESPONSIBILITIES FOR THEIR CHILD'S ACADEMIC SUCCESS, FOR EFFORTS TO INCREASE PARENT-TEACHER CONTACTS, AND FOR EVALUATION OF PARENT INVOLVEMENT EFFORTS; TO AMEND SECTION 59-1-420, RELATING TO THE LENGTH OF THE SCHOOL TERM, SO AS TO ADD TWO ADDITIONAL SCHOOL DAYS TO BEGIN WITH SCHOOL YEAR 2002-2003 AND TO PROVIDE THAT THESE DAYS MUST BE USED FOR FURTHER PARENT-TEACHER CONFERENCES; AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL CONSIDER ENACTING EMPLOYER TAX CREDITS TO ENCOURAGE WORKPLACE POLICIES FOR PARENT RELEASE TIME FROM WORK FOR PARENT-TEACHER CONFERENCES AND PARTICIPATION IN OTHER SCHOOL ACTIVITIES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 21, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 4864:
H. 4864 (Word version) -- Reps. Witherspoon and Barfield: A BILL TO AMEND SECTION 50-5-1515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING SHAD BY HOOK AND LINE AND TO SET LIMITS ON THE NUMBER OF SHAD TAKEN, SO AS TO MAKE THE SECTION APPLICABLE TO TAKING SHAD BY CAST NET AND TO REDUCE THE AGGREGATE NUMBER OF SHAD TAKEN FROM TWENTY TO TEN IN ANY ONE DAY.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 20, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators GREGORY, BRANTON and GROOMS of the Committee of Free Conference on the part of the Senate on H. 4295:
H. 4295 (Word version) -- Rep. Campsen: A BILL TO AMEND SECTION 50-21-133, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING A NO WAKE ZONE ADJACENT TO SULLIVAN'S ISLAND, SO AS TO CONFORM ITS PENALTIES TO THOSE PROVIDED IN SECTION 50-21-150.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 20, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 4295:
H. 4295 (Word version) -- Rep. Campsen: A BILL TO AMEND SECTION 50-21-133, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING A NO WAKE ZONE ADJACENT TO SULLIVAN'S ISLAND, SO AS TO CONFORM ITS PENALTIES TO THOSE PROVIDED IN SECTION 50-21-150.
Very respectfully,
President
Received as information.
The Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.
The following was received:
Columbia, S.C., June 21, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators WASHINGTON, HUTTO and GLOVER of the Committee of Free Conference on the part of the Senate on H. 4277:
H. 4277 (Word version) -- Reps. Harvin, Stuart, Bales, Meacham-Richardson, Knotts, Seithel, Whipper, Ott and W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-667 SO AS TO DESIGNATE "THE RICHARDSON WALTZ" AS THE OFFICIAL STATE WALTZ.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 21, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 4277:
H. 4277 (Word version) -- Reps. Harvin, Stuart, Bales, Meacham-Richardson, Knotts, Seithel, Whipper, Ott and W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-667 SO AS TO DESIGNATE "THE RICHARDSON WALTZ" AS THE OFFICIAL STATE WALTZ.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 21, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators SALEEBY, HUTTO and HAYES of the Committee of Free Conference on the part of the Senate on S. 544:
S. 544 (Word version) -- Senators Hayes, J. V. Smith, Alexander, Moore, Drummond, Setzler, Branton, Courson, Fair, Giese, Gregory, Grooms, Jackson, Thomas, Martin, McGill, Mescher, O'Dell, Peeler, Russell, Ryberg, Waldrep, Wilson and Leatherman: A BILL TO AMEND SECTION 56-5-2930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A MOTOR VEHICLE WITH AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE, AND BY AMENDING SECTION 56-5-2950, AS AMENDED, RELATING TO A DRIVER'S IMPLIED CONSENT TO BE TESTED FOR ALCOHOL OR DRUGS, SO AS TO PROVIDE THAT A PERSON WHO HAS AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE IS CONCLUSIVELY PRESUMED TO HAVE AN ILLEGAL ALCOHOL CONCENTRATION.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 21, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 544:
S. 544 (Word version) -- Senators Hayes, J. V. Smith, Alexander, Moore, Drummond, Setzler, Branton, Courson, Fair, Giese, Gregory, Grooms, Jackson, Thomas, Martin, McGill, Mescher, O'Dell, Peeler, Russell, Ryberg, Waldrep, Wilson and Leatherman: A BILL TO AMEND SECTION 56-5-2930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A MOTOR VEHICLE WITH AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE, AND BY AMENDING SECTION 56-5-2950, AS AMENDED, RELATING TO A DRIVER'S IMPLIED CONSENT TO BE TESTED FOR ALCOHOL OR DRUGS, SO AS TO PROVIDE THAT A PERSON WHO HAS AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE IS CONCLUSIVELY PRESUMED TO HAVE AN ILLEGAL ALCOHOL CONCENTRATION.
Very respectfully,
President
Received as information.
The Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.
The following was received:
Columbia, S.C., June 21, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 575:
S. 575 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FORM THE SOUTH CAROLINA SALES TAX, SO AS TO PROVIDE FOR THE EXEMPTION OF SPECIFIED MEDICAL AND PHARMACEUTICAL SUPPLIES USED FOR THE INTRAVENOUS ADMINISTRATION OF A PRESCRIPTION DRUG OR MEDICINE IN CERTAIN SITUATIONS.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 21, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 705:
S. 705 (Word version) -- Senators Rankin and Elliott: A BILL TO AMEND CHAPTER 37, TITLE 5 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL IMPROVEMENT DISTRICTS, SO AS TO FURTHER DEFINE THE POWERS OF MUNICIPAL GOVERNING BODIES WITH RESPECT TO FINANCING AND LEVYING ASSESSMENTS UPON SUCH DISTRICTS.
Very respectfully,
President
Received as information.
The Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.
The following was introduced:
H. 5184 (Word version) -- Reps. Rhoad, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J.M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. C. Smith, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE JOSEPH D. THOMAS, SR., M.D., OF DENMARK, FOR FIFTY YEARS OF OUTSTANDING SERVICE TO THE CITIZENS AND RESIDENTS OF BAMBERG COUNTY IN THE PRACTICE OF FAMILY MEDICINE, AND TO THANK HIM PROFUSELY FOR ALL OF THE GENUINE LOVE, CARE, AND CONCERN HE HAS EXPRESSED OVER THE PAST FIFTY YEARS AS THEIR LOYAL FRIEND AND ADVISOR AND TRUSTED FAMILY PHYSICIAN.
Whereas, Joseph D. Thomas, Sr., M.D., a native of Fairfax, began his undergraduate education at the Citadel and later graduated from Yale University. During World War II, Dr. Thomas served in the United States Army from 1943 to 1946. He obtained his medical degree from the Medical College of South Carolina and completed a residency in Jersey City, New Jersey. This year, 2000, marks fifty years of Dr. Thomas' loyal and faithful service to the citizens and residents of Denmark, surrounding communities, and Bamberg County; and
Whereas, in 1950 Dr. Thomas began his practice of medicine in Denmark, only twenty-eight miles from his hometown of Fairfax. The following year he was called back into active duty with the U.S. Army after the North Korean communists invaded the Republic of South Korea. After completing his tour of duty in the Korean War, Dr. Thomas returned to Denmark and the practice of family medicine; and
Whereas, in the years since Dr. Thomas' return from military service, he has served his community in many different and special ways. Not only has he been a compassionate physician and friend, but a civic leader as well. As a member of the First Baptist Church he has been a Sunday School teacher, trustee, department superintendent, and deacon. He has been actively involved with the Boy Scouts of America and the Lion's Club; and
Whereas, in 1984 the Western Carolina Higher Education Commission of USC, Salkehatchie presented Dr. Thomas with the Outstanding Contribution to the Community Award. In 1989 he was chosen as the Outstanding Citizen of the Year in Bamberg County. In 1990, Dr. Thomas was highly honored by his fellow physicians and colleagues by being named the 1990 Family Physician of the Year by the South Carolina Academy of Family Physicians. In honoring Dr. Thomas as the Family Physician of the Year, the Academy recognized his commitment to his family, his community, and family practice; and
Whereas, through the years, Dr. Thomas has not only remained faithful to his profession by serving his patients, but also by staying actively involved in the medical community. He is a past president of the Edisto and Bamberg medical societies and has served on the Bamberg County Hospital Board of Trustees and as its Chief of Staff. He represented family practice as he served on the South Carolina Medical Association Board as a council member and vice president. He is a diplomat of the American Board of Family Practice and holds memberships in the American Association of Family Practitioners, the South Carolina Association of Family Practitioners, the Bamberg County Medical Society, the South Carolina Medical Association, the American Medical Association, and the Southern Medical Association; and
Whereas, after fifty years of devoted service to the Bamberg County area as a family practitioner, "Doc" Thomas' well-worn black doctor's bag has earned him the love, affection, and genuine respect from his extended family -- the people of Denmark and the surrounding communities. In his unflaggingly dependable, unassuming, and gently humorous way, he has been there, caring for the sick, bringing babies into the world, and easing the elderly into the next one. Today he continues to practice with this same selfless dedication. What's more, his black doctor's bag remains very much in use for Dr. Thomas is one of those rare physicians who still makes house calls; and
Whereas, in 1952, Dr. Thomas was married to the former Betty Heriot Guess whom he met when he returned to Denmark to open his medical practice in 1950. They are the parents of three children, Joseph D. Thomas, Jr., Jane Heriot T. Boyce, and James St. Clair Thomas, and seven grandchildren. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives, by this resolution, commend and congratulate Joseph D. Thomas, M.D., of Denmark, for fifty years of outstanding service to the citizens and residents of Bamberg County in the practice of family medicine, and to thank him profusely for all of the genuine love, care, and concern he has expressed over the past fifty years as their loyal friend and advisor and trusted family physician.
Be it further resolved that a copy of this resolution be presented to Joseph D. Thomas, Sr., M.D., of Denmark.
The Resolution was adopted.
The following was introduced:
S. 1441 (Word version) -- Senator Rankin: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF FIRE CHIEF JAMES TERRELL SMITH, JR., OF HORRY AND GEORGETOWN COUNTIES AND EXTENDING DEEPEST SYMPATHY TO HIS WIFE, OTHER FAMILY MEMBERS, AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Bailey Bales Barfield Barrett Battle Bowers Breeland Brown, H. Brown, J. Campsen Carnell Cato Chellis Clyburn Cooper Cotty Dantzler Delleney Easterday Edge Emory Fleming Frye Gamble Gourdine Harrell Harrison Harvin Hawkins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Kelley Kennedy Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox Martin McCraw McGee McKay McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.M. Ott Parks Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sheheen Smith, D. Smith, D.C. Smith, F. Smith, J. Smith, R. Stuart Taylor Townsend Tripp Trotter Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Thursday, June 22.
Jerry Govan Gary Simrill Glenn Hamilton Charles Sharpe Joseph Neal Clementa Pinckney Grady Brown Ralph Davenport Denny Neilson Curtis Inabinett Theodore Brown Harry Askins Todd Rutherford Harry Stille Anthony Harris
LEAVE OF ABSENCE
The SPEAKER granted Rep. COBB-HUNTER a leave of absence for the day.
Reps. JENNINGS and T. BROWN signed a statement with the Clerk that they came in after the roll call of the House and was present for the Session on Wednesday, June 21.
Announcement was made that Dr. Ronald Cottle and Dr. Michael Lowe of Florence are the Doctors of the Day for the General Assembly.
Rep. MCGEE presented Rep. MCKAY the Order of the Palmetto for his service in the House and to the State.
Rep. LLOYD presented Rep. INABINETT the Order of the Palmetto for his service in the House and to the State.
The following Bill was taken up:
S. 608 (Word version) -- Senators Washington, Hutto and Matthews: A BILL TO AMEND ACT 286 OF 1989, RELATING TO THE SCHOOL DISTRICTS IN HAMPTON COUNTY, SO AS TO AUTHORIZE MEMBERS OF THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 2 TO RECEIVE ONE HUNDRED DOLLARS PER MEETING FOR THEIR ATTENDANCE.
Rep. BOWERS proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\2181DW00), which was adopted:
Amend the bill, as and if amended, page 1, line 26, by striking /must/ and inserting/ may /
Amend further, lines 27 and 28, by deleting /must/ and inserting / may /
Amend further, line 29, by inserting immediately after /attendance/ by inserting / not to exceed one thousand dollars annually /
Amend title to conform.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The Senate amendments to the following Bill were taken up for consideration:
H. 4892 (Word version) -- Reps. Wilkins, McMahand and F. Smith: A BILL TO AMEND ACT 602 OF 1992, RELATING TO THE MANNER IN WHICH THE ANNUAL BUDGET AND TAX MILLAGE FOR THE SCHOOL DISTRICT OF GREENVILLE COUNTY MUST BE DETERMINED, SO AS TO PROVIDE THAT THE BOARD MAY ALSO RAISE THE SCHOOL MILLAGE AS NECESSARY, BUT AT A RATE NOT TO EXCEED FOUR MILLS IN ANY ONE YEAR, TO MAINTAIN A TEACHER SALARY SCHEDULE EQUAL TO THE SALARY SCHEDULE OF ANY OTHER SCHOOL DISTRICT IN THIS STATE.
Rep. RICE moved to adjourn debate on the Senate Amendments, which was agreed to.
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 575 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA SALES TAX, SO AS TO PROVIDE FOR THE EXEMPTION OF SPECIFIED MEDICAL AND PHARMACEUTICAL SUPPLIES USED FOR THE INTRAVENOUS ADMINISTRATION OF A PRESCRIPTION DRUG OR MEDICINE IN CERTAIN SITUATIONS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 12-36-2120(28) of the 1976 Code, as last amended by Act 419 of 1998, is further amended to read:
"(28)(a) medicine and prosthetic devices sold by prescription, prescription medicines and therapeutic radiopharmaceuticals used in the treatment of cancer, lymphoma, leukemia, or related diseases, including prescription medicines used to relieve the effects of any such treatment, and free samples of prescription medicine distributed by its manufacturer and any use of these free samples;
(b) hypodermic needles, insulin, alcohol swabs, blood sugar testing strips, monolet lancets, dextrometer supplies, blood glucose meters, and other similar diabetic supplies sold to diabetics under the authorization and direction of a physician;
(c) disposable medical supplies such as bags, tubing, needles, and syringes, which are dispensed by a licensed pharmacist in accordance with an individual prescription written for the use of a human being by a licensed health care provider, which are used for the intravenous administration of a prescription drug or medicine, and which come into direct contact with the prescription drug or medicine. This exemption applies only to supplies used in the treatment of a patient outside of a hospital, skilled nursing facility, or ambulatory surgical treatment center;
(c)(d) medicine donated by its manufacturer to a public institution of higher education for research or for the treatment of indigent patients; and
(d)(e) dental prosthetic devices;"
SECTION 2. A. Section 12-43-220(f) of the 1976 Code is amended to read:
"(f) Except as specifically provided by law, all other personal property shall must be taxed on an assessment of ten and one-half percent of fair market value of such the property, except that commercial fishing boats, and commercial tugboats and pilot boats shall must be taxed on an assessment of five percent of fair market value. As used in this item 'commercial fishing boats' shall mean means boats used exclusively for commercial fishing, shrimping, or crabbing and (1) licensed by the Department of Natural Resources, or (2) on or from which is used commercial fishing equipment licensed by, the Department of Natural Resources which are used exclusively for commercial fishing, shrimping, or crabbing. As used in this item, 'commercial tugboats' shall mean boats used exclusively for harbor and ocean towing, documented with the U.S. Coast Guard, constructed of steel, and being at least seventy-nine feet in length and having a gross tonnage of at least ninety-nine tons. As used in this item, 'pilot boats' shall mean boats used exclusively for pilotage and operated exclusively by state pilots who are licensed by the Commissioners of Pilotage pursuant to Chapter 15 of Title 54 and Chapter 136 of the Regulations issued pursuant thereto."
B. The change in this section to the definition of "commercial fishing boats" applies for property tax years beginning after 1999. The change in this section adding "commercial tugboats and pilot boats" to the five percent assessment ratio and the definition of "commercial tugboats and pilot boats" is effective for tax years commencing January 1, 1999, and after.
SECTION 3. A. 1. Section 12-6-3360(M)(6) of the 1976 Code, as last amended by Act 462 of 1996, is further amended to read:
"(6) 'Processing facility' means an establishment engaged in services such as manufacturing-related, computer-related, communication-related, energy-related, or transportation-related services, but the term "processing facility" does not include an establishment where retail sales of tangible personal property or services are made to retail customers that prepares, treats, or converts tangible personal property into finished goods or another form of tangible personal property. The term also includes a business entity engaged in processing agricultural, aquacultural, or maricultural products. It does not include an establishment in which retail sales of tangible personal property are made to retail customers."
2. Chapter 10, Title 12 of the 1976 Code is amended by adding:
"Section 12-10-82. At the time the qualifying business enters into a revitalization agreement, it may make, with the approval of council, an irrevocable assignment of future payments attributable to the job development credit made pursuant to this chapter to the designated trustee. For purposes of this chapter, 'designated trustee' means the single financial institution designated by the council to receive all assignments of payments made pursuant to this chapter and to the terms of an agreement entered into by the qualifying business. If a qualifying business elects to assign payments to the designated trustee, the election must be made on a form provided by the department, including a waiver of confidentiality pursuant to Section 12-54-240, and the payments may be paid only to the designated trustee."
B. 1. Section 12-10-20(1) of the 1976 Code, as last amended by Act 283 of 2000, is further amended to read:
"(1) that the economic well-being of the citizens of the State is enhanced by the increased development and growth of industry within the State, and that it is in the best interest interests of the State to induce the location or expansion of manufacturing, processing, services, distribution, warehousing, research and development, corporate offices, technology intensive, and certain tourism facilities projects within the State to promote the public purpose of creating new jobs within the State;"
2. Section 12-10-30 of the 1976 Code, as last amended by Act 283 of 2000, is further amended to read:
"Section 12-10-30. As used in this chapter:
(1) 'Council' means the Advisory Coordinating Council for Economic Development.
(2) 'Department' means the South Carolina Department of Revenue.
(3) 'Employee' means an employee of the qualifying business who works full time within the enterprise zone.
(4) 'Manufacturing' means engagement primarily in an activity or activities listed under the Standard Industrial Classification (SIC) Codes 20 through 39 as published in the Office of Management and Budget's Standard Industrial Classification Manual. 'Gross wages' means wages subject to withholding.
(5) 'Job development credit' means the amount a qualifying business may claim as a credit against employee withholding pursuant to Sections 12-10-80 and 12-10-81 and a revitalization agreement.
(6) 'New job' means a job created or reinstated as defined in Section 12-6-3360(M)(3).
(6)(7) 'Qualifying business' means an employer a business that meets the requirements of Section 12-10-50 and other applicable requirements of this chapter and, where required under pursuant to Section 12-10-50, enters into a revitalization agreement with the council to undertake a project under pursuant to the provisions of this chapter.
(7)(8) 'Project' means an investment for one or more purposes in Section 12-10-80(B) pursuant to this chapter needed for a qualifying business to locate, remain, or expand in an enterprise zone this State and otherwise fulfill the requirements of this chapter.
(8)(9) Reserved. 'Preliminary revitalization agreement' means the application by the qualifying business for benefits pursuant to Section 12-10-80 if the council approves the application and agrees in writing at the time of approval to allow the approved application to serve as the preliminary revitalization agreement. The date of the preliminary revitalization agreement is the date of the council approval.
(10) 'Revitalization agreement' means an executed agreement entered into between the council and a qualifying business that describes the project and the negotiated terms and conditions for a business to qualify for a job development credit pursuant to Section 12-10-80 or 12-10-81.
(11) 'Qualifying expenditures' means those expenditures that meet the requirements of Section 12-10-80(C) or 12-10-81(D).
(9)(12) 'Withholding' means employee withholding under pursuant to Chapter 9 8 of this title.
(10)(13) 'Technology employee' means an employee whose job qualifies for jobs tax credit pursuant to Section 12-6-3360(M)(14)."
3. Section 12-10-50 of the 1976 Code, as last amended by Act 114 of 1999, is further amended to read:
"Section 12-10-50. To qualify for the benefits provided in this chapter, a business must be located within this State and satisfy the following criteria must:
(1) it must be engaged primarily engaged in a business of the type identified in Section 12-6-3360;
(2) the business shall provide a benefits package, including health care, to full-time employees which includes health care at the project;
(3) the business shall enter into a revitalization agreement which that is approved by the council and that describes a minimum job requirement and minimum capital investment requirement for the project as provided in Section 12-10-90, except that no a revitalization agreement is not required for a qualifying business with respect to Section 12-10-80(D)(E); and,
(4) the council shall determine that the have negotiated incentives that council has determined are appropriate for the project, and the council shall certify that:
(a) the total benefits of the project exceed the costs to the public; and that
(b) the business otherwise fulfills the requirements of this chapter. No provision of this chapter must be construed to allow the council to negotiate a fee-in-lieu of property taxes agreement or approve job training or retraining."
4. Section 12-10-60 of the 1976 Code, as last amended by Act 114 of 1999, is further amended to read:
"Section 12-10-60. (A) The council may enter into a revitalization agreement with each qualifying business with respect to the project. The terms and provisions of each revitalization agreement must be determined by negotiations between the council and the qualifying business. The decision to enter into a revitalization agreement with a qualifying business is solely within the discretion of the council and a qualifying business does not have a right of appeal from the council's decision based on the appropriateness of the negotiated incentives to the project and the determination that approval of the project is in the best interests of the State. The revitalization agreement must set a date by which the qualifying business shall have completed the project. Within three months of the completion date, the qualifying business shall document the actual costs of the project in a manner acceptable to the council.
(B) If a qualifying business that entered into a revitalization agreement before January 1, 1997, receives council approval to amend its revitalization agreement to increase its minimum job requirement, the law in effect on the date of the amendment determines the amount of job development credit a qualifying business may claim pursuant to Section 12-10-80 for additional jobs created after the date of the amendment. This subsection does not apply to a business whose application for job development fees or credits pursuant to Section 12-10-81 has been approved by council before the effective date of this act."
5. Section 12-10-80 of the 1976 Code, as last amended by Act 283 of 2000, is further amended to read:
"Section 12-10-80. (A) A business that qualifies under pursuant to Section 12-10-50 and which has met the minimum job requirement and minimum capital investment provided for in the final revitalization agreement may claim a job development credit credits as determined by this section.
(1) A business may claim its job development credit credits against its withholding on its quarterly state withholding tax return for the amount of job development credit credits allowable under pursuant to this section. The credit must be claimed on a quarterly basis. In order to claim a job development credit, the business must be current with respect to its withholding tax as well as any other tax due and owing the State, and must have maintained its minimum employment requirement for the entire quarter.
(2) A business that is current with respect to its withholding tax and other tax due and owing the State and that has maintained its minimum employment and investment levels identified in the revitalization agreement may claim the credit on a quarterly basis beginning with the first quarter after the council's certification to the department that the minimum employment and capital investment levels were met for the entire quarter.
(3) A qualifying business may receive its initial job development credit only after the council has certified to the department that the qualifying business has met the required minimum employment and capital investment levels.
(4) To be eligible to apply to the council to claim a job development credit, a qualifying business shall create at least ten new, full-time jobs, as defined in Section 12-6-3360(M), at the South Carolina facility project described in the revitalization agreement within five years of the effective date of the agreement.
(5) A qualifying business is eligible to claim a job development credit under pursuant to the revitalization agreement for not more than fifteen years.
(6) To the extent any return of an overpayment of withholding that results from claiming job development credits is not used as permitted by subsection (C) or (D)(E), it must be treated as misappropriated employee withholding.
(7) Except as provided in subsection (E), job development credits may not be claimed for purposes of (B) and (C) this section with regard to any an employee whose job was created in this State before the taxable year of the qualifying business in which it enters into a preliminary revitalization agreement.
(8) If a qualifying business claims job development credits under pursuant to this section, it shall make its payroll books and records available for inspection by the council and the department at the times the council and the department request. Each qualifying business claiming job development credits under pursuant to this section shall file with the council and the department the information and documentation requested by the council or department respecting employee withholding, the job development credit, and the use of any overpayment of withholding resulting from the claiming of a job development credit according to the revitalization agreement that the council or department requests.
(9) Each qualifying business which claims claiming in excess of ten thousand dollars in any a calendar year shall must furnish an audited report prepared by an independent certified public accountant which that itemizes the sources and uses of the funds. The audited report must be filed with the council and the department no later than June thirtieth following the calendar year in which the job development credits are claimed, except when a qualifying business obtains the written approval by the council for an extension of that date. Extensions may be granted only for good cause shown.
(10) Each qualifying business claiming ten thousand dollars or less in any calendar year must furnish a report prepared by the company that itemizes the sources and uses of the funds. This report must be filed with the council and the department no later than June thirtieth following the calendar year in which the job development credits are claimed, except when a qualifying business obtains the written approval by the council for an extension of that date. Extensions may be granted only for good cause shown.
(11) No An employer may not claim an amount that results in any employee ever an employee's receiving a smaller amount of wages on either a weekly or on an annual basis than the employee would receive otherwise receive in the absence of this chapter.
(B)(1) The maximum job development credit a qualifying business may claim for new employees is determined by limited to the lesser of withholding tax paid to the State on a quarterly basis or the sum of the following amounts:
(1)(a) two percent of the gross wages of each new employee who earns 6.34 6.74 dollars or more an hour but less than 8.45 8.99 dollars an hour;
(2)(b) three percent of the gross wages of each new employee who earns 8.45 8.99 dollars or more an hour but less than 10.57 11.23 dollars an hour;
(3)(c) four percent of the gross wages of each new employee who earns 10.57 11.23 dollars or more an hour but less than 15.85 16.85 dollars an hour; and
(4)(d) five percent of the gross wages of each new employee who earns 15.85 16.85 dollars or more an hour.
(2) The hourly gross wage figures set forth in this section item (1) must be adjusted annually by an inflation factor determined by the State Budget and Control Board. The amount which that may be claimed by a qualifying business is limited by subsection (C)(6) (D) and the revitalization agreement. The council may approve a waiver of ninety-five percent of the limits under pursuant to subsection (C)(6) (D) for qualifying businesses making a significant capital investment as defined in Section 4-12-30(D)(4) or Section 4-29-67(D)(4). The maximum job development credit that can be claimed is limited to the lesser of withholding paid to the State on a quarterly basis or the amount allowed by this subsection.
(C) To claim a job development credit, the qualifying business must incur qualified expenditures at the above-described facility project or for utility or transportation improvements that serve this facility the project. To be qualified, the expenditures must be incurred:
(1) incurred during the term of the revitalization agreement or within sixty days before the execution of a revitalization agreement, including a preliminary revitalization agreement;
(2) according to authorized by the revitalization agreement; and
(3) used for any of the following purposes:
(a) training costs and facilities;
(b) acquiring and improving real estate whether constructed or acquired by purchase, or in cases approved by the council, acquired by lease or otherwise;
(c) improvements to both public and private utility systems including water, sewer, electricity, natural gas, and telecommunications;
(d) fixed transportation facilities including highway, rail, water, and air;
(e) construction or improvements of real property and fixtures constructed or improved primarily for the purpose of complying with local, state, or federal environmental laws or regulations;
(f) employee relocation expenses associated with new or expanded technology intensive facilities as defined in Section 12-6-3360(M)(14);
(g) financing the costs of a purpose described in items (a) through (f).
The amount of job development credits a qualifying business may claim for its use for qualifying expenditures is limited according to the designation of the county as defined in Section 12-6-3360(B) as follows:
(1) one hundred percent of the maximum job development credits may be claimed by businesses located in counties designated as 'least developed';
(2) eighty-five percent of the maximum job development credits may be claimed by businesses located in counties designated as 'under developed';
(3) seventy percent of the maximum job development credits may be claimed by businesses located in counties designated as 'moderately developed'; or
(4) fifty-five percent of the maximum job development credits may be claimed by businesses located in counties designated as 'developed'.
The county designation of the county in which the project is located at the time the qualifying business enters into a preliminary revitalization agreement with the council remains in effect for the entire period of the revitalization agreement, except as to additional jobs created pursuant to an amendment to a revitalization agreement entered into before June 1, 1997, as provided in Section 12-10-60. In that case the county designation on the date of the amendment remains in effect for the remaining period of the revitalization agreement as to any additional jobs created after the effective date of the amendment. This item does not apply to a business whose application for job development fees or credits pursuant to Section 12-10-81 has been approved by council before the effective date of this act.
The council shall certify to the department the maximum job development credit for each qualifying business. After receiving certification, the department shall remit an amount equal to the difference between the maximum job development credit and the job development credit actually claimed to the State Rural Infrastructure Fund as defined and provided in Section 12-10-85.
(D) Subject to the conditions in this section, a qualifying business in this State may negotiate with the council to claim a job development credit for retraining according to the procedure in subsection (A) in an amount equal to five hundred dollars a year for each production and technology employee being retrained, where this retraining is necessary for the qualifying business to remain competitive or to introduce new technologies. This retraining must be approved by and performed by the appropriate technical college under the jurisdiction of the State Board for Technical and Comprehensive Education serving the designated enterprise zone. The technical college may provide the retraining program delivery directly or contract with other training entities to accomplish the required training outcomes. In addition to the yearly limits, the amount claimed as a job development credit for retraining may not exceed two thousand dollars over five years for each production employee being retrained. Additionally, the qualifying business must match on a dollar-for-dollar basis the amount claimed as a job development credit for retraining. The total amount claimed as job development credits for retraining and all of the qualifying matching funds of the qualifying business must be paid to the technical college that provides the training to defray the cost of the training program. Training cost in excess of the job development credits for retraining and matching funds is the responsibility of the qualifying business based on negotiations with the technical college.
(E) Any job development credit of a qualifying business permanently lapses upon expiration or termination of the revitalization agreement. If an employee is terminated, the qualifying business immediately shall must cease to claim job development credits.
(F) The statute of limitations provided by Section 12-54-85 is suspended until the end of the five-year period described in item (4) of subsection (A) with respect to state withholding taxes pursuant to this section for a business subject to this section.
(G) For purposes of the job development credit allowed by this section, an employee is a person whose job was created in this State.
(G)(H) Job development credits may not be claimed by a governmental employer who employs persons at a closed or realigned military installation as defined in Section 12-10-88(E)."
6. Section 12-10-81 of the 1976 Code, as added by Act 93 of 1999, is amended to read:
"Section 12-10-81. (A) A business may claim a job development credit as determined by this section if the:
(1) council approves the use of this section for the business;
(2) business qualifies pursuant to Section 12-10-50; and
(3) business is a tire manufacturer which that has more than four hundred twenty-five million dollars in capital invested in this State and employs more than one thousand employees in this State and which that commits within a period of five years from the date of a revitalization agreement, to invest an additional three hundred fifty million dollars and create an additional three hundred fifty jobs in this State qualifying for job development fees or credits pursuant to current or future revitalization agreements. The council, in its discretion, may extend the five-year period for two additional years if the business has made a commitment to the additional three hundred fifty million dollars and makes substantial progress toward satisfying the goal before the end of the initial five-year period. A business that represents to the council its intent to qualify pursuant to this section and is approved by the council may put job development fees computed pursuant to this section into an escrow account until the date the business satisfies the capital and job requirements of this section.
(B)(1) A business qualifying pursuant to this section may claim its job development credit against its withholding on its quarterly state withholding tax return for the amount of job development credit allowable pursuant to this section for not more than fifteen years. Job development credits allowed under pursuant to subsection (C)(1)(a) through (d) of this section apply only to withholding on jobs created pursuant to a revitalization agreement adopted under pursuant to this section and to the amounts withheld on wages and salaries on those jobs. The credit must be claimed on a quarterly basis. To claim a job development credit, the business must be current with respect to its withholding tax and other tax due and owing the State, and must have maintained its minimum employment requirement for the entire quarter.
(2) A business that is current with respect to its withholding tax as well as any other tax due and owing the State and that has maintained its minimum employment and investment levels identified in the revitalization agreement may claim the credit on a quarterly basis beginning with the quarter subsequent to the council's certification to the department that the minimum employment and capital investment levels have been met for the entire quarter.
(3) To be eligible to apply to the council to claim a job development credit pursuant to this section, a qualifying business must create at least ten new, full-time jobs as defined in Section 12-6-3360(M) at the South Carolina facility or facilities project or projects described in the revitalization agreement.
(3)(4) To the extent a return of an overpayment of withholding that results from claiming job development credits is not used as permitted by subsection (D), it must be treated as misappropriated employee withholding.
(5) Job development credits may not be claimed for purposes of this section with regard to an employee whose job was created in this State before the taxable year the qualifying business enters into a preliminary revitalization agreement.
(4)(6) If a qualifying business claims job development credits pursuant to this section, it must make its payroll books and records available for inspection by the council and the department at the times the council and the department request. Each qualifying business claiming job development credits pursuant to this section must file with the council and the department the information and documentation they request respecting employee withholding, the job development credit, and the use of any overpayment of withholding resulting from the claiming of a job development credit according to the revitalization agreement that the council or department requests.
(7) Each qualifying business must furnish an audited report prepared by an independent certified public accountant which that itemizes the sources and uses of the funds. The audited report must be filed with the council and the department no later than June thirtieth following the calendar year in which the job development credits are claimed, except when a qualifying business obtains written approval of council for an extension of that date. Extensions may be granted for good cause shown.
(8) An employer may not claim an amount that results in an employee employee's receiving a smaller amount of wages on either a weekly or on an annual basis than the employee would otherwise receive in the absence of this chapter.
(C)(1) The maximum job development credit a qualifying business may claim for new employees is determined by the sum of the following amounts:
(a) two percent of the gross wages of each new employee who earns $6.34 $6.74 or more an hour but less than $8.45 $8.99 an hour;
(b) three percent of the gross wages of each new employee who earns $8.45 $8.99 or more an hour but less than $10.57 $11.23 an hour;
(c) four percent of the gross wages of each new employee who earns $10.57 $11.23 or more an hour but less than $15.85 $16.85 an hour;
(d) five percent of the gross wages of each new employee who earns $15.85 $16.85 or more an hour; and
(e) the increase in the state sales and use tax of the business from the year of the effective date of its revitalization agreement pursuant to this section and subsequent years, over its state sales and use tax for the first of the three years preceding the effective date of this revitalization agreement.
(2) The hourly gross base wages in item (1) must be adjusted annually by the inflation factor determined by the State Budget and Control Board for the purposes of Section 12-10-80(3). The amount which that may be claimed by a qualifying business is limited by subsection (E) and the negotiated terms of the revitalization agreement. The business may proceed by using either the job development fee escrow procedure available pursuant to revitalization agreements with effective dates before 1997, or the job development credit, or a combination of the two. For a business qualifying pursuant to this section, the council also may approve or waive sections of a revitalization agreement and the council's rules as needed, in the council's discretion, to assist the business.
(D) To claim a job development credit, the qualifying business must incur expenditures at the facility project or for utility or transportation improvements that serve the facility project. To be qualified, the expenditures must be:
(1) incurred during the term of the revitalization agreement, including a preliminary revitalization agreement, or within sixty days before the execution of a revitalization agreement including a preliminary revitalization agreement council's receipt of an application for benefits pursuant to this section;
(2) authorized by the revitalization agreement,; and
(3) used to reimburse the business for:
(1)(a) training costs and facilities;
(2)(b) acquiring and improving real estate whether constructed or acquired by purchase, or in cases approved by the council, acquired by lease or otherwise;
(3)(c) improvements to both public and private utility systems including water, sewer, electricity, natural gas, and telecommunication;
(4)(d) fixed transportation facilities including highway, rail, water, and air; or
(5)(e) construction or improvements of real property and fixtures constructed or improved primarily for the purpose of complying with local, state, or federal environmental laws or regulations.
(E)(1) For purposes of subsection (C)(1)(a) through (d), the amount of job development credits a qualifying business may claim for its use for qualifying expenditures is limited according to the designation of the county as defined in Section 12-6-3360(B) as follows:
(a) one hundred percent of the maximum job development credits may be claimed by businesses located in counties designated as 'least developed';
(b) eighty-five percent of the maximum job development credits may be claimed by businesses located in counties designated as 'underdeveloped';
(c) seventy percent of the maximum job development credits may be claimed by businesses located in counties designated as 'moderately developed'; or
(d) fifty-five percent of the maximum job development credits may be claimed by businesses located in counties designated as 'developed'.
(2) For purposes of this subsection, the county designation of the county in which the project is located at the time the qualifying business enters into a preliminary revitalization agreement with the council remains in effect for the entire period of the revitalization agreement.
(3) The council shall certify to the department the maximum job development credit for each qualifying business. After receiving certification, the department shall remit an amount equal to the difference between the maximum job development credit and the job development credit actually claimed to the State Rural Infrastructure Fund as defined and provided in Section 12-10-85.
(F) A job development credit of a qualifying business permanently lapses upon expiration or termination of the revitalization agreement. If an employee is terminated, the qualifying business immediately must cease to claim job development credits.
(F)(G) The statute of limitations provided by Section 12-54-85 is suspended until the end of the five-year or seven-year period described in item (3) of subsection (A) with respect to state withholding taxes under pursuant to this section for a business subject to this section.
(H) For purposes of the job development credit allowed by this section, an employee is a person whose job was created in this State."
7. Section 12-10-100(C) of the 1976 Code, as added by Act 25 of 1995, is amended to read:
"(C) By March first May fifteenth of each year, the council shall prepare a public document that itemizes each revitalization agreement concluded during the prior previous calendar year. The report shall must list each revitalization agreement, the results of each cost/benefits analysis, and receipts and expenditures of application fees. This document must be forwarded to the State Budget and Control Board, Senate Finance Committee, and House Ways and Means Committee. This document may not contain any proprietary or confidential information that is otherwise exempt under pursuant to Chapter 4 of Title 30, the Freedom of Information Act, and nothing in this section must not be construed to require the release of such that exempt information."
8. Section 12-36-2120(17) of the 1976 Code, as last amended by Act 346 of 1996, is further amended to read:
"(17) machines used in manufacturing, processing, recycling, compounding, mining, or quarrying tangible personal property for sale. 'Machines' include the parts of machines, attachments, and replacements used, or manufactured for use, on or in the operation of the machines and which (a) are necessary to the operation of the machines and are customarily so used, or (b) are necessary to comply with the order of an agency of the United States or of this State for the prevention or abatement of pollution of air, water, or noise that is caused or threatened by any machine used as provided in this section. This exemption does not include automobiles or trucks. As used in this item 'recycling' means any a process by which materials which that otherwise would otherwise become solid waste are collected, separated, or processed and reused, or returned to use in the form of raw materials or products, including composting, for sale. However, In applying this exemption to machines used in recycling, the following percentage of the gross proceeds of sale, or sales price of, machines used in recycling are exempt from the taxes imposed by this chapter:
Fiscal Year of Sale Percentage
Fiscal year 1997-98 fifty percent
After June 30, 1998 one hundred percent;"
C.1. Section 12-36-2120(51) of the 1976 Code, as last amended by Act 151 of 1997, is further amended to read:
"(51) material handling systems and material handling equipment including, but not limited to, racks, whether or not the racks are used in the operation of a distribution facility or a manufacturing facility and either used or not used to support a facility structure or part thereof, used in the operation of a distribution facility or a manufacturing facility of it. In order To qualify for this exemption, the taxpayer shall notify the department before the first month it uses the exemption and shall invest at least thirty-five million dollars in any real or personal property in this State over the five-year period beginning on the date provided by the taxpayer to the department in its notices. The taxpayer shall notify the department in writing that it has met the thirty-five million dollar investment requirement or, after the expiration of the five years, that it has not met the thirty-five million dollar investment requirement. The department may assess any tax due on material handling systems and material handling equipment purchased tax-free pursuant to this item but due the State as a result of the taxpayer's failure to meet the thirty-five million dollar investment requirement. The running of the periods of limitations for assessment of taxes provided in Section 12-54-85 is suspended for the time period beginning with notice to the department before the taxpayer uses the exemption and ending with notice to the department that the taxpayer either has met or has not met the thirty-five million dollar investment requirement."
2. Section 12-36-2680 of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read:
"Section 12-36-2680. The department shall prescribe an exemption certificate for use by persons purchasing items exempt pursuant to items (5), (6), (7), (16), (18), (23), (32), and (44) of Section 12-36-2120. This exemption certificate may be presented upon each purchase by the holder, or the retailer may keep on file a copy of the certificate on file. When an exempt sale is made pursuant to a certificate on file, the purchaser must note on the purchase invoice the exempt items, and state that the items are to be used for exempt purposes. When the purchase order meets the requirements of this section, the liability for any tax determined to be due is solely on the purchaser purchaser's."
D.1. Section 12-2-75 of the 1976 Code, as last amended by Act 114 of 1997, is further amended to read:
"Section 12-2-75. (A) Returns filed by taxpayers with the department must be signed by the following:
(1) corporate returns by an authorized officer of the corporation;
(2) partnership returns by a its manager or an authorized general partner of the partnership;
(3) trust and estate returns by the trustee, personal representative, executor, or administrator, whichever is applicable;
(4)(a) except as provided in subsections subitems (b) and (c), individual returns must be signed by the individual;
(b) deceased individual returns for individuals who would have been required to file a state tax return while living by the personal representative, administrator, or executor of the decedent's estate and the tax must be levied upon and collected from the estate;
(c) if an individual is unable to make a return or payment, including an estimated tax payment, it must be made by an authorized agent, a guardian, or other person charged with the conduct of the business of the taxpayer;
(5) returns for any other person by an authorized officer or owner.
(B) In the instructions to a return, or otherwise, the department may authorize taxpayers to sign returns by other means, including electronically, and may authorize the signature to be filed or deposited with and be kept or forwarded by a third party."
2. Chapter 4, Title 12 of the 1976 Code is amended by adding:
"Section 12-4-780. The department may accept, on terms and conditions it establishes, payments to it by credit cards. This authority includes a determination not to accept credit card payments or to accept credit card payments only for certain classes of payments as specified by the department. Notwithstanding another provision of law, the State Treasurer may enter into contracts on behalf of the department by which the department may accept credit card payments. The department may withhold the actual cost of processing credit card payments from deposits of the payments and may treat these withholdings as reimbursements of the associated expenditures."
3. Section 12-6-4910(1)(a) of the 1976 Code, as last amended by Act 114 of 1999, is further amended to read:
"(a) an individual not listed in subitem (c) whose federal filing status is single, surviving spouse, or head of household who has a gross income for the taxable year of at least the federal exemption amount plus the applicable basic standard deduction, plus any deduction the taxpayer qualifies for pursuant to Section 12-6-1170(B). If the individual is sixty-five or older, the standard deduction is increased as provided in Internal Revenue Code Section 63(c)(3) and 63(f)(1)(A), without regard to a reduction for the retirement income deduction, and whose filing status is:
(i) single, surviving spouse, or head of household; or
(ii) married, filing separately, and whose spouse does not itemize deductions."
4. Section 12-8-550 of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"Section 12-8-550. (A) A person hiring or contracting with a nonresident conducting a business or performing personal services of a temporary nature within this State shall withhold two percent of each payment in which the South Carolina portion of the contract exceeds or could reasonably be expected to exceed ten thousand dollars. This item section does not apply to a nonresident which registered with the Secretary of State or the Department of Revenue and by that registration has agreed to be subject to the jurisdiction of the department and the courts of this State to determine its South Carolina tax liability, including withholding and estimated taxes, together with any related interest and penalties, if any. Registering with the Secretary of State or the department is not an admission of tax liability nor must this act of registering be construed to does it require the filing of an income tax or franchise (license) tax return. If the person hiring, contracting, or having a contract with a nonresident obtains an affidavit from the nonresident stating that the nonresident is registered with the department or with the Secretary of State, the person is not responsible for the withholding.
(B) The department may revoke the exemption granted by registering with the Secretary of State or the department if it determines that the nonresident taxpayer is not cooperating with the department in the determination of the nonresident taxpayer's correct South Carolina tax liability. This revocation does not revive the duty of a person hiring, contracting, or having a contract with a nonresident to withhold, until the person receives notice of the revocation.
(C) This section does not apply to payments on purchase orders for tangible personal property when those payments are not accompanied by services to be performed in this State."
5. Section 12-8-580(B)(2) of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"(2) A sale does not include tax exempt or tax deferred transactions, other than installment sales. The sale of a principal residence is considered a deferred transaction which is not subject to withholding if the following conditions are met:
(a) the seller reinvests the proceeds into a new principal residence pursuant to Internal Revenue Code Section 1034 or elects the one time exclusion pursuant to Internal Revenue Code Section 121; and
(b) the buyer obtains an affidavit described in subsection (E) which states that:
(i) the sale is not subject to tax because Internal Revenue Code Section 1034 or 121 applies;
(ii) the seller acknowledges his obligation to file a South Carolina income tax return for the year of the sale; and
(iii) the seller acknowledges his obligation to file an amended South Carolina income tax return for the year of the sale if the seller fails to comply with Internal Revenue Code Section 1034."
6. Section 12-10-35(A) of the 1976 Code, as last amended by Act 100 of 1999, is further amended to read:
"(A) If a qualifying business creates at least one hundred new full-time jobs, as defined and determined in Section 12-6-3360, in a county (1) with an average annual unemployment rate of at least twice the state average during each of the last two completed calendar years based on the two most recent calendar years of data available on November 1 of the preceding year, or (2) which is one of the three lowest per capita income counties based on the average of the three most recent years of average per capita income data, and at least ninety percent of the investment of the qualifying business in this State is in that county, then the company is allowed a moratorium on state corporate income taxes imposed pursuant to Section 12-6-530 for the company's first ten taxable years beginning with the taxable year after it first qualifies. The moratorium applies to that portion of the company's corporate income tax that represents the ratio that the company's new investment is of its total investment in this State."
E. Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-5095. For purposes of a return filed pursuant to this chapter, all amounts may be rounded by the department or the taxpayer to the nearest whole dollar. An amount of fifty cents or more may be rounded to the next dollar. An amount of less than fifty cents may be eliminated."
F. Section 12-36-550 of the 1976 Code, as added by Act 612 of 1990, is amended to read:
"Section 12-36-550. The license provided for in this article:
(1) is valid so long as the person to whom it is issued continues in the same business, unless revoked by the commission department. It is presumed that a retailer is not continuing in the same business and must surrender the retail sales license if the retailer has no retail sales for twenty-four consecutive months. To allow the license to remain valid, the retailer may submit an affidavit to the department swearing that the business is continuing;
(2) must at all times be conspicuously displayed at the place for which it was issued;
(3) is not transferable or assignable."
G. Section 12-36-2670 of the 1976 Code, as added by Act 361 of 1992, is amended to read:
"Section 12-36-2670. The commissioners director or their designees his designee may administer an oath to a person or take the acknowledgement of a person with respect to a return or report required by this title or the regulations of the commission department."
H. Section 12-36-2120(40), (41), and (42) of the 1976 Code are amended to read:
"(40) containers and chassis, including all parts, components, and attachments, sold to international shipping lines which have a contractual relationship with the South Carolina State Ports Authority and which are used in the import or export of goods to and from this State. The exemption allowed by this item is effective for sales after June 30, 1982;
(41) items sold by organizations exempt under Section 12-37-220A(3) and (4) and B(5), (6), (7), (8), (12), (16), (19), (22), and (24), if the net proceeds are used exclusively for exempt purposes and no benefit inures to any individual. An organization whose sales are exempted by this item is also exempt from the retail license tax provided in Article 5 of this chapter. The exemption allowed by this item is effective for sales after June 30, 1989;
(42) depreciable assets, used in the operation of a business, pursuant to the sale of the business. This exemption only applies when the entire business is sold by the owner of it, pursuant to a written contract and the purchaser continues operation of the business. The exemption allowed by this item is effective for sales after June 30, 1987.;"
I. Section 12-44-160 of the 1976 Code, as added by Act 149 of 1997, is amended to read:
"Section 12-44-160. This chapter must be construed liberally in accordance with the findings in Section 12-44-20 with due regard to the paramount importance of the county council approvals required throughout this chapter. If the General Assembly adopts enabling legislation, property that would be exempt under this chapter but is held not to be exempt because of the unconstitutionality or illegality of this chapter, or any portion of it, is exempt from property tax under Section 4-29-67 or Chapter 12 of this title if the project and county approval would have met the requirements for exemption under them, except that fees in lieu of taxes must have been, and must continue to be, made in the amounts required by Section 4-29-67 or Chapter 12 of this title. If all or part of this chapter is determined to be unconstitutional or otherwise illegal by a court of competent jurisdiction, a sponsor has one hundred eighty days from the date of the determination to transfer title to economic development property to the county and have it qualify for a fee in lieu of taxes pursuant to Chapter 12 of Title 4 or Section 4-29-67."
J. 1. Section 12-54-25(C) of the 1976 Code, as last amended by Act 432 of 1998, is further amended to read:
"(C)(1) Any tax refunded or credited must include interest on the amount of the credit or refund from the later latest of either the date the tax was paid, or the original due date of the return, or the last day prescribed for paying the tax if no return is required, to either the date the refund was sent or delivered to the taxpayer or the date the credit was made.
(2) This interest must be paid by drawing upon funds from the type of tax being refunded or credited. The funds withdrawn may be expended by the department in the payment of interest on refunds.
(3) Interest on an overpayment is not allowed pursuant to this subsection on an overpayment if it is refunded:
(a) within seventy-five days after the last day prescribed for filing the tax return, without regard to an extension of time for filing, or within seventy-five days after the last day prescribed for paying the tax if no return is required;
(b) within seventy-five days after the return is filed, in the case of a return filed after the last date; or
(c) within seventy-five days after the taxpayer files a claim for a credit or refund for the overpayment of tax for the period between the filing of the claim to the payment of the refund."
2. Section 12-54-43(C) of the 1976 Code, as added by Act 114 of 1999, is amended to read:
"(C)(1) In the case of failure to file a return on or before the date prescribed by law, determined with regard to any extension of time for filing, there must be added to the amount required to be shown as tax on the return, a penalty of five percent of the amount of the tax if the failure is for not more than one month, with an additional five percent for each additional month or fraction of the month during which the failure continues, not exceeding twenty-five percent in the aggregate.
(2) In case of a failure to file a return of tax within sixty days of the date prescribed for filing the return, determined with regard to any extension of time for filing, the addition to tax must not be less than the lesser of one hundred dollars or one hundred percent of the amount required to be shown as tax on the return, except in those cases in which the tax owed is one hundred dollars or less.
(3) For the purpose of this subsection, the amount of tax required to be shown on the return must be reduced by the amount of any part of the tax which is paid on or before the date prescribed for payment of the tax and by the amount of any credit against the tax which may be claimed upon the return."
3. Section 12-54-100 of the 1976 Code is amended to read:
"Section 12-54-100. (A) In the administration of a state tax law, the Commission or its director or his duly authorized agent, may for the purpose of ascertaining the correctness of any a return, or making a determination of the or fixing tax liability, or inspection of licenses, may examine the or investigate the place of business, tangible personal property, facilities, computers, computer programs, electronic data, books, invoices, papers, records, memoranda, vouchers, other documents, equipment, or licenses of the taxpayer or other person bearing upon the matters required to be included on any a return.
(B) The taxpayer or other person and his agents and employees shall exhibit to the director these places and items and facilitate the examination or investigation.
(C) A taxpayer, upon request, may delay the examination up to thirty days., except that the provisions of this section subsection do not apply if there is reasonable evidence that the taxpayer is about to destroy or remove the books, papers, records, or memoranda items from the State or otherwise make them unavailable for examination or inspection investigation.
(D) The director may employ proper and reasonable audit methods necessary to the examination or investigation, including the use of sampling."
K. Section 12-54-227(B) of the 1976 Code, as added by Act 50 of 1991, is amended to read:
"(B)(1) Fees for services, reimbursements, or other remuneration to the collection agency must be based on the amount of tax, penalty, and interest actually collected. Each contract entered into between the commission department and the collection agency must provide for the payment of fees for these services, reimbursements, or other remuneration not in excess of fifty percent of the total amount of delinquent taxes, penalties, and interest actually collected.
(2) All funds collected, less the fees for collection services as provided in the contract, must be remitted to the commission department within forty-five days from the date of collection from a taxpayer. The department may refund the fees for collection services to the collection agency, if all funds collected are remitted gross of fees. Forms to be used for these remittances must be prescribed by the commission department."
L. Section 12-54-240(B) of the 1976 Code is amended by adding at the end:
"(21) disclosure of information, including statistics classified to prevent their identification to certain items on reports or returns, filed in a return pursuant to Chapter 36, Title 12, for accommodations taxes imposed pursuant to Section 12-36-920 and sales and use taxes collected by and reported to the Department of Parks, Recreation and Tourism including, but not limited to, statistics reflecting tourism activity;
(22) disclosure of information contained in a return filed pursuant to Article 17, Chapter 21, Title 12, for the purpose of complying with the Tourism Infrastructure Admissions Tax Act."
M. 1. Section 12-60-3370 of the 1976 Code, as added by Act 60 of 1995, is amended to read:
"Section 12-60-3370. Except as otherwise provided below, a taxpayer shall pay, or post a bond for, all taxes, including interest, penalties, and other amounts not including penalties or civil fines, determined to be due by the Administrative Law Judge or DMV hearing officer before appealing the decision to the circuit court. For property tax cases covered by Section 12-60-2140 or 12-60-2550, the taxpayer need pay only pay the amount assessed under pursuant to the appropriate section."
2. Section 12-60-20 of the 1976 Code, as added by Act 60 of 1995, is amended to read:
"Section 12-60-20. It is the intent of the General Assembly to provide the people of this State with a straightforward procedure to determine any disputed revenue liability dispute with the Department of Revenue. The South Carolina Revenue Procedures Act must be interpreted and construed in accordance with, and in furtherance of, that intent."
3. Section 12-60-50(27) of the 1976 Code, as last amended by Act 465 of 1996, is further amended to read:
"(27) 'Tax' or 'taxes' means all taxes, licenses, permits, fees, or other amounts, including interest, and penalties regulatory and other penalties, and civil fines, imposed by this title, or subject to assessment or collection by the department, including property subject to collection pursuant to Chapter 18 of Title 27."
N. 1. Section 26-5-20 of the 1976 Code, as added by Act 374 of 1998, is amended by adding:
"(5) facilitate and promote interstate and international use of electronic commerce and online government."
2. Article 3, Chapter 5 of Title 26 of the 1976 Code, as added by Act 374 of 1998, is amended by adding:
"Section 26-5-370. Electronic signatures or records from other jurisdictions having commensurate requirements as provided for in this chapter and which also grant reciprocal recognition to electronic signatures or records from this State must be afforded the same status, effect, validity, and enforceability as those recognized under this chapter."
3. Chapter 5, Title 26 of the 1976 Code, as added by Act 374 of 1998, is amended by adding:
Section 26-5-710. The Computer Crime Act, as contained in Chapter 16 of Title 16, is expressly made applicable to and incorporated in Chapter 5 of Title 26."
O. Section 12-4-755 of the 1976 Code is repealed.
P. 1. Section 12-28-1910(A) of the 1976 Code, as added by Act 136 of 1995, is amended to read:
"(A) The department or its appointees including federal government employees or persons operating under contract with the State, upon presenting appropriate credentials, may conduct inspections and remove samples of fuel from a vehicle, tank, or another container to determine coloration of diesel fuel or to identify shipping paper violations at any place where taxable fuel is or may be produced, stored, or loaded into transport vehicles. Inspection must be performed in a reasonable manner consistent with the circumstances. However, prior notice is not required. Inspectors physically may inspect, examine, or otherwise search a tank, reservoir, or other container that can or may be used for the production, storage, or transportation of fuel. Inspection may be made of equipment used for, or in connection with, the production, storage, or transportation of fuel. Inspectors may demand to be produced for immediate inspection the shipping papers, documents, and records required to be kept by a person transporting fuel. These places may include, but are not limited to, a:
(1) terminal;
(2) fuel storage facility that is not a terminal;
(3) retail fuel facility;
(4) highway rest stops; or
(5) designated inspection site defined as any state highway or waterway inspection station, weigh station, agricultural inspection station, mobil mobile station, or other location designated by the department either fixed or mobile."
2. Chapter 28, Title 12 of the 1976 Code is amended by adding:
"Section 12-28-2940. Acquisitions by the Department of Transportation under the 'C' Fund program are exempt from the requirements of all appraisal provisions of Title 28, Chapter 2 (Sections 28-2-10 et seq.), and Sections 1-11-110, 3-5-50, 3-5-100, 3-5-330, 4-17-20, 5-27-150, 5-31-420, 5-31-430, 5-31-440, 5-31-610, 5-35-10, 6-11-130, 6-23-290, 13-1-350, 13-11-80, 24-1-230, 28-3-20, 28-3-30, 28-3-140, 28-3-460, 46-19-130, 48-11-110, 48-15-30, 48-15-50, 48-17-30, 48-17-50, 49-17-1050, 49-19-1060, 49-19-1440, 50-13-1920, 50-19-1320, 51-13-780, 54-3-150, 55-9-80, 55-11-10, 57-3-700, 57-5-370, 57-5-380, 57-21-200, 57-25-190, 57-25-470, 57-25-680, 57-27-70, 58-9-2030, 58-15-410, 58-17-1200, 13-1-1330, 58-27-130, 58-31-50, 59-19-200, 59-105-40, 59-117-70, 59-123-90."
3. Chapters 27 and 29 of Title 12 of the 1976 Code are repealed.
Q. 1. Section 12-37-220(B)(1) and (2) of the 1976 Code, as last amended by Act 107 of 1997, is further amended to read:
"(1)(a) The dwelling house in which he resides and a lot not to exceed one acre of land owned in fee or for life, or jointly with a spouse, by any a veteran who is one hundred percent permanently and totally disabled from a service-connected disability, if the veteran or qualifying surviving spouse files a certificate, signed by the county service officer, of the total and permanent disability with the State Department of Revenue. The exemption is allowed the surviving spouse of the veteran and also is also allowed to the surviving spouse of a serviceman or law enforcement officer as defined in Section 23-6-400(D)(1) killed in action in the line of duty who owned the lot and dwelling house in fee or for life, or jointly with his spouse, so long as the spouse does not remarry, resides in the dwelling, and obtains by devise the fee or a life estate in the dwelling. A surviving spouse who disposes of the exempt dwelling and acquires another residence in this State for use as a dwelling house with a value no greater than one and one-half times the fair market value of the exempt dwelling may apply for and receive the exemption on the newly acquired dwelling, but no a subsequent dwelling of a surviving spouse is not eligible for exemption under pursuant to this item. The spouse shall inform the Department of Revenue of the change in address of the dwelling. The dwelling house is defined as a person's legal residence. To qualify for the exemption, the dwelling house must be the domicile of the person who qualifies for the exemption.
(b) When a trustee holds legal title to a dwelling for a beneficiary and the beneficiary is a person who qualifies otherwise for the exemption provided in subitem (a) and the beneficiary uses the dwelling as his domicile, the dwelling is exempt from property taxation in the same amount and manner as dwellings are exempt pursuant to subitem (a).
(2)(a) The dwelling house in which he resides and a lot not to exceed one acre of land owned in fee or for life, or jointly with his a or her spouse, by a paraplegic or hemiplegic person, or in trust for his or her benefit, is exempt from all property taxation provided the person furnishes satisfactory proof of his disability to the State Department of Revenue. The exemption is allowed to the surviving spouse of the person so long as the spouse does not remarry, resides in the dwelling, and obtains by devise the fee or a life estate in the dwelling. The dwelling house is defined as the person's legal residence. To qualify for the exemption, the dwelling house must be the domicile of the person who qualifies for the exemption. For purposes of this item, a hemiplegic person is a person who has paralysis of one lateral half of the body resulting from injury to the motor centers of the brain.
(b) When a trustee holds legal title to a dwelling for a beneficiary and the beneficiary is a person who qualifies otherwise for the exemption provided in subitem (a) and the beneficiary uses the dwelling as his domicile, the dwelling is exempt from property taxation in the amount and manner as dwellings are exempt pursuant to subitem (a)."
2. Section 12-37-930(34) of the 1976 Code, as added by Act 93 of 1999, is amended to read:
"(34) Class 100 or better as defined in Federal Standard 209E Clean Room Modules and Associated Mechanical Systems, Process Piping, Wiring, Environmental Systems, and Water Purification Systems Use of Clean Rooms ............... 10%
Includes waffle flooring, wall and ceiling panels; foundation improvements that isolate the clean room to control vibrations; clean air handling and filtration systems; piping systems for fluids and gases used in the manufacturing process and that touch the product during the fabrication of semiconductors, flat panel displays, and liquid crystal displays; process equipment energy control systems; ultra pure water processing and wastewater recycling systems; and safety alarm and monitoring systems. A manufacturer who uses a Class 100 or better clean room, as that term is defined in Federal Standard 209E, in manufacturing its product may elect an annual allowance for depreciation for property tax purposes of ten percent on clean room modules and associated mechanical systems, and on process piping, wiring environmental systems, and water purification systems associated with the clean room instead of a depreciation allowance for which the manufacturer otherwise is entitled. Included are waffle flooring, wall and ceiling panels, foundation improvements that isolate the clean room to control vibrations, clean air handling and filtration systems, piping systems for fluids and gases used in the manufacturing process and in the clean room that touch the product during the process, flat panel displays, and liquid crystal displays, process equipment energy control systems, ultra pure water processing and wastewater recycling systems, and safety alarm and monitoring systems."
3. Sections 12-43-280 and 12-43-290 of the 1976 Code are repealed.
R. 1. Section 4-12-30(B)(4)(b) of the 1976 Code, as last amended by Act 462 of 1996, is further amended to read:
"(b)(i) The members of the same controlled group of corporations can may qualify for the fee if the combined investment in the county by the members meets the minimum investment requirements each member invests the minimum level of investment as specified in subsection (B)(3). The county and the members who are part of the inducement agreement may agree that any investments by other members of the controlled group within the time periods provided in subsections (C)(1) and (C)(2) qualify for the payment whether or not the member was part of the inducement agreement. However, in order To qualify for the fee, the other members of the controlled group must be approved specifically approved by the county and must agree to be bound by agreements with the county relating to the fee, but except that the controlled group members need are not be bound by agreements, or portions of agreements, to the extent the agreements do not affect the county. Except as otherwise provided in subsection (B)(2), the investments under pursuant to this subsection (B)(4)(b) must be within the same county or industrial park. Any controlled group member which is claiming the fee shall invest at least five million dollars in the county or industrial park.
(ii) The department must be notified in writing of all members which have investments subject to the fee before or within ninety days after the end of the calendar year during which the project or phase of the project was first placed in service. The department may extend this period upon written request. Failure to meet this notice requirement does not adversely affect the fee adversely, but a penalty may be assessed by the department for late notification in the amount of ten thousand dollars a month or portion of a month, but not to exceed fifty thousand dollars. Members of the controlled group shall provide the information considered necessary by the department to ensure that the investors are part of a controlled group.
(iii) If at any time the controlled group, or any a former member which has left the controlled group, no longer has the minimum five million dollars of investment minimum level of investment as provided in subsection (B)(3), without regard to depreciation, that group or former member no longer holding the minimum amount of investment as provided in subsection (B)(3), without regard to depreciation, no longer qualifies for the fee.
(iv) For purposes of this section, 'controlled group' or 'controlled group of corporations' has the meaning provided under in Section 1563(a) of the Internal Revenue Code, as defined in Chapter 6 of Title 12 as of the date of the execution of the inducement agreement, without regard to amendments or replacements thereof, of it and without regard to subsections (a)(4) and (b) of Section 1563."
2. Section 4-12-30(O) of the 1976 Code, as added by Act 125 of 1995, is amended to read:
"(O) Notwithstanding any other provision of this section, if at any time following the period provided in subsection (C)(2), the investment based on income tax basis without regard to depreciation falls below the five-million-dollar-minimum investment to which the fee relates minimum level of investment provided in subsection (B)(3) at any time following the period provided in subsection (C)(2), the fee provided in subsection (D)(2) is no longer available and the investor is required to must make the payments which are due under pursuant to Section 4-12-20 for the remainder of the lease period."
3. Section 12-44-130(A) of the 1976 Code, as added by Act 149 of 1997, is amended to read:
"(A) To be eligible for the fee, a sponsor affiliate must invest five million dollars the minimum investment as defined in Section 12-44-30(14). The county and the members who are part of the fee agreement may agree that investments by other members of the controlled group within the investment period qualify for the payment regardless of whether the member was part of the fee agreement, except that the new sponsor affiliate must invest at least five million dollars the minimum investment in the project. To qualify for the exemption, the other members of the controlled group must be approved specifically by the county and must agree to be bound by agreements with the county relating to the exemption. These controlled group members need are not be bound by agreements, or portions of agreements, which do not affect the county."
S. Chapter 10 of Title 4 of the 1976 Code, is amended by adding:
"Section 4-10-67. Local option use tax collected by the department in conjunction with the filing of individual income tax returns must be deposited to a local option supplemental revenue fund and distributed in accordance with Section 4-10-60 to those counties generating less than their minimum distribution."
T. 1. Section 12-37-2810(A) of the 1976 Code, as last amended by Act 442 of 1998, is further amended to read:
"(A) 'Motor carrier' means a person who owns, controls, operates, manages, or leases a motor vehicle or bus for the transportation of property or persons in intrastate or interstate commerce except for scheduled intercity bus service and farm vehicles using FM tags as allowed by the Department of Motor Vehicles. A motor carrier is defined further as being a South Carolina-based International Registration Plan registrant or owning or leasing real property within this State used directly in the transportation of freight or persons."
2. Section 12-37-2840 of the 1976 Code, as last amended by Act 442 of 1998, is further amended to read:
"Section 12-37-2840. (A) Motor carriers must file an annual property tax return with the Department of Revenue no later than June 30 for the preceding calendar year and remit one-half of the tax due or the entire tax due as stated on the return. If the motor carrier fails to file its return, the department shall issue a proposed assessment which assumes all mileage was within this State. If the motor carrier fails to pay either one-half of the tax due or the entire tax due as of June 30, the department must issue a proposed assessment for the entire tax to the motor carrier. The tax as shown in the proposed assessment must be paid in full by cashier's check, money order, or cash within thirty days of the issuance of the proposed assessment, or the taxpayer may appeal the proposed assessment within thirty days using the procedures provided in subarticle 1, Article 5, Chapter 60 of this title.
(B)(1) If one-half of the tax is remitted on or before June 30, the remaining one-half of the tax due must be paid to the Department of Revenue on or before December 31 of that year. If the motor carrier fails to remit the remaining tax due pursuant to this section, the department shall issue a proposed assessment notice to the motor carrier. demanding payment for the entire amount shown to be due. If the motor carrier fails to remit the tax due within thirty days of receipt of the notice, the Department of Revenue shall notify the Department of Public Safety, which may not renew the registrations of the motor vehicles required by this article to be on the property tax return. A twenty-five percent penalty must be added to the property tax due and the tax and penalty must be paid in full by cashier's check, money order, or cash. The penalty required by this section is instead of all other penalties and interest required by law.
Upon payment in full, the Department of Revenue shall notify the Department of Public Safety which then shall allow for registrations of the motor vehicles.
(2) The tax shown in the proposed assessment must be paid in full by cashier's check, money order, or cash or appealed within thirty days of the issuance of the proposed assessment. The taxpayer may appeal the proposed assessment using the procedures provided in subarticle 1, Article 5, Chapter 60 of this title.
(C) If a motor carrier fails to timely file the return as required by this section, the department shall issue a proposed assessment which assumes all mileage of the motor carrier's fleet was driven within this State. A taxpayer may appeal this proposed assessment using the procedures provided in subarticle 1, Article 5, Chapter 60 of this title.
(D) A twenty-five percent penalty must be added to the property tax due if the motor carrier fails to file a return or pay any tax due, including the one-half of the tax due on June 30, as required by this section. The penalty must be applied the day after the date that the return was due to be filed or the tax was due to be paid. This penalty is instead of all other penalties and interest required by law, except those provided in Section 12-54-44.
(E) If the motor carrier fails to remit the tax due within thirty days of receipt of the proposed assessment and the taxpayer fails to appeal the proposed assessment as provided in subsection (B), the department shall assess the tax. Tax due pursuant to this section is subject to the collection procedures provided in Chapter 54, of this title, except that the penalty provisions of Section 12-54-43 do not apply."
3. Chapter 37 of Title 12 of the 1976 Code, is amended by adding:
"Section 12-37-2842. (A) The Department of Motor Vehicles, at the time of first registration by a motor carrier as defined in this article, shall notify the registrant of the Department of Revenue's registration and filing requirements and supply the required registration forms.
(B) The motor carrier must register with the Department of Revenue within thirty days following the year in which the vehicle or bus was first registered for operation in South Carolina.
(C) A motor carrier must notify the Department of Revenue, on forms supplied by the department, of a motor vehicle or bus that is disposed of before December 31."
4. Section 12-37-2845 of the 1976 Code is repealed.
U. 1. Section 12-54-85(B) and (C) of the 1976 Code, as last amended by Act 86 of 1997, is further amended to read:
"(B) Except as otherwise provided in this section,:
(1) if the a tax, except for a penalty described in item (2), is not required to be remitted with a return or document, the amount of taxes must be determined and assessed within thirty-six months after the later of the date the tax was due or the first date on which any part of the tax was paid; and
(2) a penalty that is not associated with the assessment of a tax must be determined and assessed within thirty-six months after the date of the violation giving rise to the penalty.
(C) Taxes may be determined and assessed after the thirty-six month limitation if:
(1) in the case of income, estate and generation skipping transfer taxes, the taxes are assessed within one hundred eighty days of receiving notice from the Internal Revenue Service of a final determination of a tax adjustment made by the Internal Revenue Service;
(2)(1) there is fraudulent intent to evade the taxes;
(3)(2) the taxpayer failed to file a return or document as required by law;
(4)(3) there is a twenty percent understatement of the total taxes required to be shown on the return or document. The taxes in this case may be assessed at any time within seventy-two months from the date the return or document was filed or due to be filed, whichever is later;
(5)(4) the person liable for any taxes consents in writing, before the expiration of the time prescribed in this section for assessing taxes due, to the assessment of the taxes after the time prescribed by this section."
2. Section 12-54-85(D) of the 1976 Code, as last amended by Act 114 of 1999, is further amended to read:
"(D)(1) A corporation shall notify the department in writing of all changes in taxable income reported to the Internal Revenue Service when the taxable income is changed by the Internal Revenue Service. Notification to the department must be made within ninety days after a final determination is received from the Internal Revenue Service. Notification of adjustments made by the Internal Revenue Service must be made under separate cover from a return filed or due to be filed with the department.
Notwithstanding any restrictions on filing a claim for refund provided in subsection (F) below, a corporation may file a claim for refund resulting from an overpayment due to changes in taxable income made by the Internal Revenue Service within ninety days from the date the Internal Revenue Service changes the taxable income. Taxes due to an understatement of taxes resulting from adjustments of the Internal Revenue Service also may be determined and assessed after the thirty-six month limitation if:
(a) except as provided in item (b), in the case of income, estate, and generation skipping transfer taxes, the taxes are assessed before one hundred eighty days after the department receives notice from the taxpayer of a final determination of a tax adjustment made by the Internal Revenue Service; or
(b) in the case of individual income tax returns described in subitem (4)(c) below, the taxes are assessed before one hundred eighty days after the department receives notice of the tax adjustment from the Internal Revenue Service or the taxpayer, whichever occurs first.
(2) A person, including a pass-through entity, who conducts a trade or business, other than a trade or business of being an employee, shall notify the department in writing of all changes in taxable income reported to the Internal Revenue Service when the taxable income is changed by the Internal Revenue Service. Notification to the department must be made before one hundred eighty days after a final determination of a tax adjustment is made by the Internal Revenue Service.
(3) Notwithstanding a restriction on filing a claim for refund provided in subsection (F), a person may file a claim for refund resulting from an overpayment due to changes in taxable income made by the Internal Revenue Service, if the claim for refund is filed no later than one hundred eighty days after the date a final determination of a tax adjustment is made by the Internal Revenue Service. The refund described in this subsection applies only to the overpayment of taxes resulting from adjustments of the Internal Revenue Service.
(4) For the purposes of this subsection (D):
(a) the date the Internal Revenue Service makes a final determination of a tax adjustment is the federal assessment date;
(b) underpayments and overpayments resulting from adjustments of the Internal Revenue Service include both the year for which the adjustments were made and other tax years affected by the adjustments; and
(c) the individual income tax returns referred to in subitem (D)(1)(b) are those individual income tax returns that do not include income, deductions, or credits from a trade or business, other than the trade or business of being an employee."
V. Section 56-3-240 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) In addition to other registration requirements the department shall collect a federal employer identification number or social security number when a vehicle is registered with a gross vehicle weight of more than twenty-six thousand pounds or as a bus common carrier."
W. 1. Chapter 45, Title 12 of the 1976 Code is amended by adding:
"Section 12-45-420. Notwithstanding another provision of law, a committee composed of the county auditor, county treasurer, and county assessor may waive, dismiss, or reduce a penalty levied against real or personal property in the case of an error by the county."
2. Section 12-43-217 of the 1976 Code is amended by adding:
"(C) Postponement of the implementation of revised values pursuant to subsection (B) shall also postpone any requirement for submission of a reassessment program for approval by the Department of Revenue."
3. This subsection takes effect upon approval by the Governor.
X. 1. Chapter 45, Title 12 of the 1976 Code is amended by adding:
"Section 12-45-78. If a homestead exemption is granted pursuant to Section 12-37-250 or a residential classification is made pursuant to Section 12-43-220(c) after payment of the property tax for that year, a resulting overpayment must be refunded to the owner of record at the time the exemption is granted or the classification is made."
2. Section 12-37-610 of the 1976 Code, as last amended by Act 431 of 1996, is further amended to read:
"Section 12-37-610. Every Each person is liable to pay taxes and assessments on the real estate which property that, as of December thirty-first of the year preceding the tax year, he owns in fee, for life, or as trustee, as recorded in the public records for deeds of the county in which the property is located, or on the real property that, as of December thirty-first of the year preceding the tax year, he has care of as guardian, executor, or committee or may have the care of as guardian, executor, trustee, or committee."
3. Section 12-51-40 of the 1976 Code, as last amended by Act 285 of 1998, is further amended to read:
"Section 12-51-40. After the county treasurer issues his execution against a defaulting taxpayer in his jurisdiction, as provided in Section 12-45-180, signed by him or his agent in his official capacity, directed to the officer authorized to collect delinquent taxes, assessments, penalties, and costs, requiring him to levy the execution by distress and sale of so much of the defaulting taxpayer's estate, real or personal, or both, as may be sufficient or property transferred by the defaulting taxpayer, the value of which generated all or part of the tax, to satisfy the taxes, assessments, penalties, and costs, the officer to which the execution is directed shall:
(a) On April first or as soon thereafter after that as practicable, mail a notice of delinquent property taxes, penalties, assessments, and costs to the current owner defaulting taxpayer and to a grantee of record at of the property, whose value generated all or part of the tax. The notice must be mailed to the best address available, which is either the address shown on the deed conveying the property to him, the property address, or such other corrected or forwarding address that the current owner of record has filed with the appropriate tax authority, of which corrected or forwarding address the officer authorized to collect delinquent taxes, assessments, penalties, and costs has actual knowledge, or to a known grantee of the delinquent taxpayer of the property on which the delinquency exists of which the officer authorized to collect delinquent taxes, penalties, and costs has actual knowledge. The notice must specify that if the taxes, penalties, assessments, and costs are not paid, the property must be advertised and sold to satisfy the delinquency.
(b) If the taxes remain unpaid after thirty days from the date of mailing of the delinquent notice, or as soon thereafter as practicable, take exclusive possession of so much of the current owner of record's property as is necessary to satisfy the payment of the taxes, assessments, penalties, and costs. In the case of real property, exclusive possession is taken by mailing a notice of delinquent property taxes, assessments, penalties, and costs to the current owner defaulting taxpayer and any grantee of record of the property at the address shown on the tax receipt or to an address of which the officer has actual knowledge, by 'certified mail, return receipt requested-restricted delivery' pursuant to the United States Postal Service 'Domestic Mail Manual Section S912'. If the addressee is an entity instead of an individual, the notice must be mailed to its last known post office address by certified mail, return receipt requested, as described in Section S912. In the case of personal property, exclusive possession is taken by mailing the notice of delinquent property taxes, assessments, penalties, and costs to the person at the address shown on the tax receipt or to an address of which the officer has actual knowledge. All delinquent notices shall specify that if the taxes, assessments, penalties, and costs are not paid before a subsequent sales date, the property must be duly advertised and sold for delinquent property taxes, assessments, penalties, and costs. The return receipt of the 'certified mail' notice is equivalent to 'levying by distress'.
(c) In the event If the 'certified mail' notice has been returned, take exclusive physical possession of the property against which the taxes, assessments, penalties, and costs were assessed by posting a notice at one or more conspicuous places on the premises, in the case of real estate, reading: 'Seized by person officially charged with the collection of delinquent taxes of (name of political subdivision) to be sold for delinquent taxes', the posting of the notice is equivalent to levying by distress, seizing, and taking exclusive possession thereof of it, or by taking exclusive possession of personalty. In the case of personal property, the person officially charged with the collection of delinquent taxes is not required to move the personal property from where situated at the time of seizure and further, the personal property may not be moved after seized by anyone under penalty of conversion unless delinquent taxes, assessments, penalties, and costs have been paid. Mobile homes are considered to be personal property for the purposes of this section unless the owner gives written notice to the auditor of the mobile home's annexation to the land on which it is situated.
(d) The property must be advertised for sale at public auction. The advertisement must be in a newspaper of general circulation within the county or municipality, if applicable, and must be entitled 'Delinquent Tax Sale'. It shall must include the delinquent taxpayer's name and the description of the property, a reference to the county auditor's map-block-parcel number being sufficient for a description of realty. The advertising must be published once a week prior to before the legal sales date for three consecutive weeks for the sale of real property, and two consecutive weeks for the sale of personal property. All expense expenses of the levy, seizure, and sale must be added and collected as additional costs, and shall must include, but not be limited to, the expense expenses of taking possession of real or personal property, advertising, storage, identifying the boundaries of the property, and mailing certified notices. When the real property is divisible, the tax assessor, county treasurer, and county auditor shall may ascertain that portion of the property that is sufficient to realize a sum upon sale sufficient to satisfy the payment of the taxes, assessments, penalties, and costs. In such those cases, the officer shall may partition the property and furnish a legal description of it.
(e) As an alternative, upon approval by the county governing body, a county may use the procedures provided in Chapter 56, Title 12 as the initial step in the collection of delinquent taxes on real and personal property.
(f) For the purpose of enforcing payment and collection of property taxes when the true owner is unknown because of the death of the owner of record and the absence of probate administration of the decedent's estate, the property must be advertised and sold in the name of the deceased owner of record."
4. Section 12-51-50 of the 1976 Code, as last amended by Act 146 of 1997, is further amended to read:
"Section 12-51-50. The property duly advertised must be sold, by the person officially charged with the collection of delinquent taxes, at public auction at the courthouse or other convenient place within the county, if designated and advertised, on a legal sales date during regular hours for legal tender payable in full by cash, cashier's check, certified check, or money order on the date of the sale. In case If the defaulting taxpayer or the grantee of record of the property has more than one item advertised to be sold, as soon as sufficient funds have been accrued to cover all of the defaulting taxpayer's delinquent taxes, assessments, penalties, and costs, no further items may not be sold."
5. Section 12-51-55 of the 1976 Code, as last amended by Act 431 of 1996, is further amended to read:
"Section 12-51-55. The officer charged with the duty to sell real property and mobile or manufactured housing for nonpayment of ad valorem property taxes shall submit a bid on behalf of the Forfeited Land Commission equal to the amount of all unpaid property taxes, penalties, and costs including taxes levied for the year in which the redemption period begins. If The Forfeited Land Commission determines real property on which delinquent taxes are due may be contaminated, the commission must annually notify the delinquent tax collector in writing before ordering a tax sale. A bid is not required on behalf of the forfeited land commission on this property is not required to bid on property known or reasonably suspected to be contaminated. If the contamination becomes known after the bid or while the commission holds the title, the title is voidable at the election of the commission. If the property is not redeemed, the excess above the amount of taxes, penalties, and costs for the year in which the property was sold must first be applied first to the taxes becoming due during the redemption period."
6. Section 12-51-60 of the 1976 Code, as last amended by Act 285 of 1998, is further amended to read:
"Section 12-51-60. The successful bidder at the delinquent tax sale shall pay legal tender as provided in Section 12-51-50 to the person officially charged with the collection of delinquent taxes in the full amount of the bid on the day of the sale. Upon payment, the person officially charged with the collection of delinquent taxes shall furnish the purchaser a receipt for the purchase money and. He must attach a copy of the receipt to the execution with the endorsement of his actions, which must be retained by him. Expenses of the sale must be paid first and the balance of all delinquent tax sale monies collected must be turned over to the treasurer. Upon receipt of the funds, the treasurer shall mark immediately mark the public tax records regarding the property sold as follows: Paid by tax sale held on (insert date). All other monies received, including any excess after payment of delinquent taxes, assessments, penalties, and costs, must be retained, paid out, and accounted for by the delinquent tax collector. Once a tax deed has been issued, the current defaulting taxpayer and the owner of record immediately before the end of the redemption period must be notified in writing by the delinquent tax collector of any excess due. The notice must be addressed and mailed to the current owner of record in the manner provided in Section 12-51-40(b) for taking exclusive possession of real property. Expenses of providing this notice are considered costs of the sale for purposes of determining the amount, if any, of the excess."
7. Section 12-51-120 of the 1976 Code, as last amended by Act 431 of 1996, is further amended to read:
"Section 12-51-120. Neither more than forty-five days nor less than twenty days prior to before the end of the redemption period for real estate sold for taxes, the person officially charged with the collection of delinquent taxes shall mail a notice by 'certified mail, return receipt requested-restricted delivery' to the owner of record immediately preceding the end of the redemption period at as provided in Section 12-51-40(b) to the defaulting taxpayer and to a grantee, mortgagee, or lessee of the property of record in the appropriate public records of the county. The notice must be mailed to the best address of the owner available to the person officially charged with the collection of delinquent taxes that the real property described on the notice has been sold for taxes and if not redeemed by paying taxes, assessments, penalties, costs and interest at the applicable rate on the bid price in the total amount of _____ dollars on or before _____ (twelve months from date of sale) (date) __________, a tax title will must be delivered to the successful purchaser at the tax sale. Under Pursuant to this chapter, the return of the certified mail 'undelivered' is not grounds for a tax title to be withheld or be found defective and ordered set aside or canceled of record."
8. Section 12-51-130 of the 1976 Code, as last amended by Act 34 of 1997, is further amended to read:
"Section 12-51-130. Upon failure of the defaulting taxpayer, any a grantee from the owner, or any mortgage a mortgagee, or a judgment creditor, or a lessee of the property to redeem realty within the time period allowed for redemption, the person officially charged with the collection of delinquent taxes, shall within thirty days or as soon thereafter after that as possible, shall make a tax title to the purchaser or the purchaser's assignee. Delivery of the tax title to the clerk of court or register of deeds is considered 'putting the purchaser, (or assignee), in possession'. The tax title shall must include, among other things, the name of the defaulting taxpayer, the name of any grantee of record of the property, the date of the execution, the date the realty was posted and by whom, and the dates each certified notice was mailed to the party or parties of interest, to whom mailed and whether or not received by the addressee. The successful purchaser, (or assignee), is responsible in the amount of fifteen dollars for the cost of the tax title plus any documentary stamps necessary to be affixed and recording fees. The successful purchaser, (or assignee), shall pay the amounts to the person officially charged with the collection of delinquent taxes before delivery of the tax title to the clerk of court or register of deeds and, upon payment, the person officially charged with the collection of delinquent taxes is responsible for promptly transmitting the tax title to the clerk of court or register of deeds for recording and remitting the recording fee and documentary stamps cost. In case If the tax sale of an item produced an overage in more cash above than the full amount due in taxes, assessments, penalties, and costs, the overage shall belong belongs to the defaulting taxpayer owner of record immediately before the end of the redemption period to be claimed or assigned according to law. These sums are payable ninety days after execution of the deed unless a judicial action is instituted during that time by another claimant. If neither claimed nor assigned within five years of date of public auction tax sale, the overage shall escheat to the general fund of the governing body. Prior to Before the escheat date unclaimed overages must be kept in a separate account and must be invested so as not to be idle and the governing body of the political subdivision is entitled to the earnings for keeping the overage. On escheat date the overage must be transferred to the general funds of the governing body."
9. Article 3, Chapter 49, Title 12 of the 1976 Code is repealed.
10. This subsection takes effect January 1, 2001.
Y.1. Section 12-6-3510 of the 1976 Code, as added by Act 385 of 1998, is amended to read:
"Section 12-6-3510. (A) There is allowed as a nonrefundable A taxpayer may claim a credit against any tax imposed pursuant to this chapter of an amount equal to thirty-three percent, but not more than fifteen thousand dollars, of a the taxpayer's cash investment in a qualified South Carolina motion picture project. A taxpayer may claim no more than one credit in connection with the production of a single qualified South Carolina motion picture project. This credit is allowed over more than one taxable year but a taxpayer's total credit in all years, toward any such project, may not exceed fifteen thousand dollars. Any unused credit may be carried forward to five fifteen succeeding taxable years. For an investment made after the effective date of this section, the credit is allowed for a taxable year after December 31, 1998, beginning in the calendar year the project is registered as a qualified South Carolina motion picture project.
(B) In addition to the credit provided in subsection (A), a nonrefundable credit is allowed against any taxes imposed pursuant to this chapter A taxpayer may claim a credit in an amount equal to thirty-three percent of the value of a taxpayer's investment in the construction or conversion, or equipping, or any combination of these activities, of a motion picture production facility or post-production facility in this State in which the taxpayer purchases an ownership interest with the taxpayer's investment. No credit is allowed unless the total amount invested in the motion picture production facility has been expended directly in this State and is not less than two million dollars, exclusive of land costs, or the total amount invested in a post-production facility has been expended directly in this State and is not less than one million dollars, exclusive of land costs. Documentation sufficient to provide confirmation of this threshold must accompany the application for the credit. Any unused credit may be carried forward to five fifteen succeeding taxable years. The total amount of credit, which may be claimed by all taxpayers with respect to the construction, or conversion, or equipping, or any combination of these activities, of a single motion picture production facility or post-production facility may not exceed five million dollars. A taxpayer may claim the credit allowed by this section only one time in connection with a single motion picture production facility and one time in a single post-production facility.
(C) Credits allowed under this section are allocated to partners, limited liability company members, and subchapter "S" corporation shareholders based on the percentage of their interest. The credit is earned when the cash is spent or when qualifying real property is dedicated for use as part of a motion picture production facility or post-production facility. If a motion picture project, motion picture production facility, or post-production facility fails to meet the requirements of the section within three years from the end of the taxpayer's tax year when the credit was first claimed, then any taxpayer which claimed the credit shall increase its income tax liability in the fourth year by an amount equal to the amount of credits claimed in prior tax years with respect to the motion picture project, motion picture production facility, or post-production facility.
(D) Notwithstanding the amount of the credits allowed by this section, these credits, when combined with any other state income tax credits allowed the taxpayer for a particular taxable year, cannot reduce the taxpayer's South Carolina income tax liability more than fifty percent.
(E) All documentation provided by investors and their agents to the Department of Revenue in connection with claiming the credits allowed by this section is considered a tax return and subject to the penalty provisions of Section 12-54-40(f).
(F) As used in this section:
(1) 'Investment' means cash with respect to subsection (A) of this section, and with respect to subsection (B) of this section cash or the fair market value of real property with any improvements thereon, or any combination of these. To qualify as 'investment', cash must have been expended for services performed in this State, for tangible personal property dedicated to first use in this State, or for real property in this State. Investments in the form of real property must be real property located in this State on which facilities are located and can include the fair market value of a long-term lease of real property minus the fair market value of any consideration paid for the lease.
(2) 'Motion picture company' means an enterprise that is in the business of filming or producing motion pictures, or both.
(3) 'Motion picture production facility' means a site in this State that contains soundstages designed for the express purpose of film and television production for both theatrical and video release. Production includes, but is not limited to, motion pictures, made-for-television movies, and episodic television to a national audience. The motion picture production facility site must include production offices, construction shops/mills, prop and costume shops, storage area, parking for production vehicles, all of which complement the production needs and orientation of the overall facility purpose. The term does not include television stations, recording studios, or facilities predominately used to produce videos, commercials, training films, or advertising films. 'Motion picture facility' also includes a facility designed for the express purpose of accomplishing the post-production stage of film and television production for both theatrical and video release including, but not limited to, the creation of visual effects, editing, and sound mixing for motion picture/television projects. A post-production facility site is not required to contain a soundstage nor be physically located at or near soundstages.
(4)(3) 'Motion picture project' means a product intended for commercial exploitation that incurs at least one million dollars of costs directly in this State to produce a master negative motion picture for theatrical or television exhibition in the United States and in which at least twenty percent of total filming days of principal photography, but not fewer than ten filming days, is filmed in this State.
(4) 'Post-production facility' means a site in this State designated for the express purpose of accomplishing the post-production stage of film and television production for both theatrical and video release including the creation of visual effects, editing, and sound mixing. A post-production facility site is not required to contain a soundstage or be physically located at or near soundstages.
(5) 'Qualified South Carolina motion picture project' means a motion picture project which has registered by submitting its record of allocation of credits and documentation to the Department of Revenue, certifying that an amount equal to at least fifty percent of the total amount invested by all South Carolina investors in a single motion picture project, multiplied by five, has been expended directly in this State and that at least twenty percent of the total filming days of principal photography but not less than ten filming days, is filmed in this State. Before registration, all documentation of a motion picture project required to meet the credit requirements, must be received by the department.
(6)(a) In subsection (A) 'taxpayer' means the investor who invests in a qualified motion picture project.
(b) In subsection (B) 'taxpayer' means the investor who invests in the company that constructs, converts, or equips a 'qualified South Carolina motion picture production facility'.
(c) 'Taxpayer', with respect to a motion picture equity fund created for the sole, expressed purpose of facilitating a slate of 'qualified South Carolina motion picture projects', means the investors, partners, limited liability company members, and subchapter 'S' corporation shareholders who invest in the motion picture equity fund. Credits allowed under this subitem are allocated to the fund, based upon thirty-three percent of the cash value of its investment in a 'qualified South Carolina motion picture project' and distributed to equity fund members based upon the percentage of their interest in the equity fund."
2. This subsection takes effect upon approval by the Governor and may be claimed by a taxpayer for tax years beginning after December 31, 1999, for qualifying motion picture projects and South Carolina motion picture production facilities if the taxpayer has not claimed the credit for these projects or facilities under the previous law. Section 12-6-3510 of the 1976 Code, as amended by this subsection is repealed effective for taxable years beginning after June 30, 2005, but this repeal does not affect credits previously earned.
Z. This section takes effect upon approval by the Governor, or as otherwise stated, except that subsection C. applies to sales occurring after the date of approval by the Governor; subsection D. applies to taxable years beginning after December 31, 2000; subsection E. applies to returns filed after December 31, 1999; subsection J.1. applies to taxable periods ending after December 31, 1999; subsection J.2. applies to tax returns due after October 31, 2000, and does not affect an action or proceeding commenced or a right accrued before October 1, 2000; and subsection R applies to inducement agreements entered into after December 31, 2000.
SECTION 4. A. Section 12-6-1120(3) of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"(3) Reserved The exclusion permitted by Internal Revenue Code Section 1031 is not permitted for the sale or exchange of real estate located in this State unless the real estate received in the exchange is located in this State."
B. Section 12-6-1180 of the 1976 Code is repealed.
SECTION 5. This act takes effect upon approval by the Governor. /
Amend further by striking the title all above the enacting clause and inserting:
/ TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA SALES TAX, SO AS TO PROVIDE FOR THE EXEMPTION OF SPECIFIED MEDICAL AND PHARMACEUTICAL SUPPLIES USED FOR THE INTRAVENOUS ADMINISTRATION OF A PRESCRIPTION DRUG OR MEDICINE IN CERTAIN SITUATIONS; TO AMEND SECTION 12-43-220, RELATING TO ASSESSMENT RATIOS FOR PURPOSES OF PROPERTY TAXATION, SO AS TO PROVIDE THAT COMMERCIAL TUGBOATS AND PILOT BOATS MUST BE TAXED ON AN ASSESSMENT OF FIVE PERCENT OF FAIR MARKET VALUE, TO DEFINE THOSE TERMS, AND TO CHANGE THE DEFINITION OF "COMMERCIAL FISHING BOAT", ALL EFFECTIVE JANUARY 1, 1999; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE JOB TAX CREDIT ON STATE INCOME TAX, SO AS TO REDEFINE "PROCESSING FACILITY"; TO AMEND CHAPTER 10, TITLE 12, RELATING TO THE ENTERPRISE ZONE ACT OF 1995, BY ADDING SECTION 12-10-82 SO AS TO ALLOW AN IRREVOCABLE ASSIGNMENT OF FUTURE PAYMENTS, ATTRIBUTABLE TO THE JOB DEVELOPMENT CREDIT, TO A DESIGNATED TRUSTEE; TO AMEND SECTIONS 12-10-20, AS AMENDED, 12-10-30, AS AMENDED, 12-10-50, 12-10-60, 12-10-80, AS AMENDED, 12-10-81, AND 12-10-100, ALL RELATING TO THE ENTERPRISE ZONE ACT OF 1995, SO AS TO DELETE THE REFERENCE TO "MANUFACTURING", TO DEFINE "GROSS WAGES", "JOB DEVELOPMENT CREDIT", "PRELIMINARY REVITALIZATION AGREEMENT", "REVITALIZATION AGREEMENT", AND "QUALIFYING EXPENDITURES", TO PROVIDE FOR DETERMINATION OF CREDITS WHEN A REVITALIZATION AGREEMENT IS AMENDED, TO REQUIRE CERTIFICATION BY THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT THAT THE MINIMUM EMPLOYMENT AND CAPITAL INVESTMENT LEVELS ARE MET, TO REQUIRE TEN NEW FULL-TIME JOBS WITHIN FIVE YEARS OF THE AGREEMENT, TO PROVIDE FOR A CLAIM OF LESS THAN TEN THOUSAND DOLLARS IN A CALENDAR YEAR, TO PROVIDE FOR THE DESIGNATION OF THE COUNTY IN WHICH THE PROJECT IS LOCATED, TO TOLL THE STATUTE OF LIMITATIONS AS TO WITHHOLDING TAXES DURING THE FIVE-YEAR PERIOD, TO PROVIDE THAT THE QUALIFYING JOB MUST BE CREATED IN THIS STATE, TO PROVIDE FOR AN EXTENSION OF THE AUDIT REPORT FILING FOR GOOD CAUSE, TO INCREASE THE GROSS WAGES AMOUNT USED TO DETERMINE THE MAXIMUM CREDIT CLAIMED, TO CHANGE THE DATE FOR SELECTION OF QUALIFYING BUSINESSES AND APPROVAL OF REVITALIZATION AGREEMENTS FROM MARCH 1 TO MAY 15 OF EACH YEAR, AND TO PROVIDE THAT CREDITS MAY BE EARNED FOR COSTS OF FINANCING CERTAIN UNDERTAKINGS; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES AND USE TAX, SO AS TO INCLUDE CERTAIN MACHINES NECESSARY TO COMPLY WITH FEDERAL REGULATIONS FOR PREVENTION OR ABATEMENT OF POLLUTION AND TO PROVIDE THAT A TAXPAYER GIVE NOTICE TO THE DEPARTMENT OF REVENUE THAT IT QUALIFIES FOR THE EXEMPTION BY INVESTING AT LEAST THIRTY-FIVE MILLION DOLLARS AND TO PROVIDE FOR THE TOLLING OF THE TIME LIMIT FOR ASSESSMENT OF TAXES; TO AMEND SECTION 12-36-2680, RELATING TO ISSUANCE OF AN EXEMPTION CERTIFICATE, SO AS TO ELIMINATE A CERTIFICATE ISSUED PURSUANT TO THE EXEMPTION OF CERTAIN FARM, GROVE, VINEYARD, AND GARDEN PRODUCTS; TO AMEND SECTION 12-2-75, RELATING TO SIGNATORIES TO TAX RETURNS, SO AS TO PROVIDE FOR SIGNATURE BY THE MANAGER OR AUTHORIZED GENERAL PARTNER OF A PARTNERSHIP RETURN AND FOR SIGNATURE BY AN AUTHORIZED OFFICER OR OWNER OF AN ENTITY OTHER THAN A CORPORATION, PARTNERSHIP, OR TRUST AND ESTATE, AND TO PROVIDE FOR OTHER AUTHORIZATIONS FOR SIGNING, INCLUDING FILING AND DEPOSITING SIGNATURES WITH AND KEEPING OR FORWARDING SIGNATURES BY A THIRD PARTY; BY ADDING SECTION 12-4-780 TO CHAPTER 4, TITLE 12 SO AS TO PROVIDE FOR PAYMENTS TO THE DEPARTMENT OF REVENUE BY CREDIT CARD; TO AMEND SECTION 12-6-4910, RELATING TO PERSONS AND ENTITIES REQUIRED TO MAKE A STATE INCOME TAX RETURN, SO AS TO INCLUDE AN INDIVIDUAL WHOSE FEDERAL FILING STATUS IS MARRIED, FILING SEPARATELY, AND WHOSE SPOUSE DOES NOT ITEMIZE DEDUCTIONS AMONG THOSE WHO MUST FILE IF THEY HAVE A GROSS INCOME OF A CERTAIN SUM, WITHOUT REGARD TO ANY REDUCTION FOR THE RETIREMENT INCOME DEDUCTION; TO AMEND SECTION 12-8-550, RELATING TO WITHHOLDING OF PAYMENTS MADE TO A NONRESIDENT, SO AS TO EXEMPT PAYMENTS MADE ON PURCHASE ORDERS FOR TANGIBLE PERSONAL PROPERTY WHEN NOT ACCOMPANIED BY SERVICES PERFORMED IN THIS STATE; TO AMEND SECTION 12-8-580, RELATING TO WITHHOLDING INCOME TAX BY THE BUYER OF REAL PROPERTY OR ASSOCIATED TANGIBLE PERSONAL PROPERTY FROM A NONRESIDENT SELLER, SO AS TO EXCLUDE THE SALE OF A PRINCIPAL RESIDENCE FROM THE DESCRIPTION OF A "SALE"; TO AMEND SECTION 12-10-35, RELATING TO MORATORIUM ON STATE CORPORATE INCOME TAXES FOR JOB CREATION, SO AS TO PROVIDE FOR CALCULATION OF THE STATE AVERAGE UNEMPLOYMENT RATE BASED ON THE TWO MOST RECENT CALENDAR YEARS OF AVAILABLE DATA INSTEAD OF THE LAST TWO COMPLETED CALENDAR YEARS; TO AMEND CHAPTER 6, TITLE 12, RELATING TO THE SOUTH CAROLINA INCOME TAX ACT, BY ADDING SECTION 12-6-5095 SO AS TO PROVIDE FOR THE ROUNDING TO THE NEAREST WHOLE DOLLAR OF AMOUNTS OF FILED RETURNS; TO AMEND SECTION 12-36-550, RELATING TO THE DURATION OF VALIDITY OF A RETAIL SALES LICENSE, SO AS TO PROVIDE FOR DETERMINING IF A RETAILER IS CONTINUING IN THE SAME BUSINESS; TO AMEND SECTION 12-36-2670, RELATING TO ADMINISTRATION OF OATHS AND TAKING ACKNOWLEDGEMENTS IN CONNECTION WITH TAX RETURNS OR REPORTS, SO AS TO CHANGE REFERENCES FROM "COMMISSIONERS" AND "COMMISSION" TO "DIRECTOR" AND "DEPARTMENT"; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES AND USE TAX, SO AS TO DELETE CERTAIN EFFECTIVE DATES; TO AMEND SECTION 12-44-160, RELATING TO LIBERAL CONSTRUCTION OF CHAPTER 44, THE "FEE IN LIEU TAX SIMPLIFICATION ACT OF 1997", SO AS TO PROVIDE FOR A PROCEDURE FOR QUALIFICATION OF ECONOMIC DEVELOPMENT PROPERTY FOR PAYMENT OF A FEE IN LIEU OF TAXES PURSUANT TO CHAPTER 12 OF TITLE 4 OR SECTION 4-29-67 IF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT IS DETERMINED TO BE UNCONSTITUTIONAL OR OTHERWISE ILLEGAL; TO AMEND SECTION 12-54-25, RELATING TO INTEREST DUE ON LATE TAXES, SO AS TO PROVIDE FOR CALCULATION OF THE INTEREST AMOUNT DUE WHEN NO RETURN IS REQUIRED ON A CERTAIN DATE; TO AMEND SECTION 12-54-43, RELATING TO CIVIL PENALTIES AND DAMAGES IN CONNECTION WITH TAX COLLECTION AND ENFORCEMENT, SO AS TO DELETE THE MINIMUM PENALTY OF ONE HUNDRED DOLLARS OR ONE HUNDRED PERCENT OF THE TAX OWED AS PRESCRIBED FOR FAILURE TO FILE A RETURN FOR TAX WITHIN SIXTY DAYS; TO AMEND SECTION 12-54-100, RELATING TO EXAMINATION OF A TAXPAYER'S RECORDS, EQUIPMENT, AND LICENSES IN ENFORCEMENT OF THE STATE'S TAX LAWS, SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF REVENUE, OR HIS AGENT, HAS ACCESS TO THE TAXPAYER'S PLACE OF BUSINESS, TANGIBLE PERSONAL PROPERTY, FACILITIES, COMPUTERS, COMPUTER PROGRAMS, AND ELECTRONIC DATA IN ADDITION TO RECORDS, EQUIPMENT, AND LICENSES, TO REQUIRE THAT THE TAXPAYER FACILITATE THE EXAMINATION, AND TO ALLOW THE DIRECTOR TO USE REASONABLE AUDIT METHODS, INCLUDING SAMPLING; TO AMEND SECTION 12-54-227, RELATING TO OUT-OF-STATE COLLECTION OF DELINQUENT TAXES, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE TO REFUND SERVICES FEES TO A COLLECTION AGENCY IF IT REMITS GROSS FUNDS AND TO CHANGE "COMMISSION" TO "DEPARTMENT"; TO AMEND SECTION 12-54-240, RELATING TO DISCLOSURE OF RECORDS AND FILINGS OF THE DEPARTMENT OF REVENUE, SO AS TO ALLOW DISCLOSURE OF INFORMATION FILED IN CONNECTION WITH THE ACCOMMODATIONS TAX AND THE TOURISM ADMISSIONS TAX; TO AMEND SECTION 12-60-3370, RELATING TO BOND REQUIREMENTS FOR APPEAL OF A DECISION PURSUANT TO THE REVENUE PROCEDURES ACT, SO AS TO DELETE THE REQUIREMENT THAT THE BOND COVER PENALTY AMOUNTS; TO AMEND SECTION 12-60-20, RELATING TO THE REVENUE PROCEDURES ACT, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 12-60-50, RELATING TO THE REVENUE PROCEDURES ACT, SO AS TO CLEARLY INCLUDE PENALTIES AND CIVIL FINES AS "TAXES" IMPOSED BY TITLE 12; TO AMEND SECTION 26-5-20, RELATING TO THE PURPOSES OF THE ELECTRONIC COMMERCE ACT, SO AS TO PROVIDE THAT A FURTHER PURPOSE OF THE ACT IS TO FACILITATE AND PROMOTE INTERSTATE AND INTERNATIONAL USE OF ELECTRONIC COMMERCE AND ONLINE GOVERNMENT; TO AMEND ARTICLE 3, CHAPTER 5 OF TITLE 26, RELATING TO THE ELECTRONIC COMMERCE ACT AND ELECTRONIC SIGNATURES AND RECORDS, BY ADDING SECTION 26-5-370 SO AS TO PROVIDE THAT ELECTRONIC SIGNATURES OR RECORDS FROM OTHER JURISDICTIONS HAVING COMMENSURATE REQUIREMENTS AND WHICH GRANT RECIPROCAL RECOGNITION TO ELECTRONIC SIGNATURES OR RECORDS FROM SOUTH CAROLINA MUST BE AFFORDED THE SAME STATUS, EFFECT, VALIDITY, AND ENFORCEABILITY AS THOSE RECOGNIZED UNDER SOUTH CAROLINA'S ELECTRONIC COMMERCE ACT; TO AMEND CHAPTER 5, TITLE 26, RELATING TO THE ELECTRONIC COMMERCE ACT, BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE APPLICABILITY OF THE COMPUTER CRIME ACT TO THE ELECTRONIC COMMERCE ACT; TO REPEAL SECTION 12-4-755 RELATING TO APPEAL OF A PROPERTY TAX EXEMPTION DENIAL; TO AMEND SECTION 12-28-1910, RELATING TO ENFORCEMENT OF TAXES ON MOTOR FUELS, SO AS TO ALLOW THE DEPARTMENT OF REVENUE OR ITS DESIGNEE TO CONDUCT INSPECTIONS AND REMOVE SAMPLES OF FUEL FROM ANY VEHICLE, TANK, OR OTHER CONTAINER, INSTEAD OF LIMITING THE INSPECTION AND REMOVAL OF SAMPLES TO A PLACE WHERE THE TAXABLE FUEL IS PRODUCED, STORED, OR LOADED FOR TRANSPORT; TO REPEAL CHAPTERS 27 AND 29 OF TITLE 12 RELATING TO TAX ON GASOLINE AND ON OTHER MOTOR FUELS; TO AMEND CHAPTER 28 OF TITLE 12, RELATING TO TAX ON MOTOR FUELS, SO AS TO REENACT FORMER SECTION 12-27-405 AS SECTION 12-28-2940; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO GENERAL EXEMPTIONS FROM PROPERTY TAXES, SO AS TO INCLUDE THE DWELLING HOUSE OF A PERMANENTLY AND TOTALLY DISABLED VETERAN IF THE VETERAN OR HIS QUALIFYING SURVIVING SPOUSE FILES A CERTIFICATE OF DISABILITY WITH THE DEPARTMENT OF REVENUE; TO DEFINE "DWELLING HOUSE" FOR PURPOSES OF THAT EXEMPTION AS THE DOMICILE OF THE QUALIFYING PERSON AND TO INCLUDE THE DWELLING HOUSE HELD IN TRUST FOR A BENEFICIARY WHO WOULD QUALIFY OTHERWISE FOR THE EXEMPTION AND WHO USES THE DWELLING HOUSE AS HIS DOMICILE; TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY FOR TAXATION, BY ALLOWING A MANUFACTURER WHO USES A CLASS 100 OR BETTER CLEAN ROOM AN ANNUAL DEPRECIATION ALLOWANCE OF TEN PERCENT INSTEAD OF ALLOWANCES TO WHICH IT OTHERWISE WOULD BE ENTITLED; TO REPEAL SECTIONS 12-43-280 AND 12-43-290 RELATING TO THE LIMITATION ON THE INCREASE IN AD VALOREM TAX AS A RESULT OF EQUALIZATION AND REASSESSMENT; TO AMEND SECTIONS 4-12-30, AS AMENDED, AND 12-44-130, BOTH RELATING TO THE MINIMUM INVESTMENT REQUIRED FOR QUALIFICATION FOR PAYMENT OF A FEE IN LIEU OF PROPERTY TAXES, SO AS TO DELETE SPECIFIC REFERENCES TO THE MINIMUM AMOUNT OF FIVE MILLION DOLLARS; TO AMEND CHAPTER 10, TITLE 4, RELATING TO LOCAL SALES AND USE TAX, BY ADDING SECTION 4-10-67 SO AS TO PROVIDE FOR THE DEPOSIT AND DISTRIBUTION OF LOCAL OPTION USE TAX FUNDS COLLECTED BY THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-37-2810, RELATING TO DEFINITION OF "MOTOR CARRIER" SO AS TO INCLUDE CERTAIN FARM VEHICLES; TO AMEND SECTION 12-37-2840, RELATING TO PROPERTY TAX RETURNS OF MOTOR CARRIERS, SO AS TO PROVIDE FOR PAYMENT OR APPEAL OF A PROPOSED ASSESSMENT ISSUED FOR FAILURE TO TIMELY FILE A RETURN OR PAY A TAX DUE; TO AMEND CHAPTER 37 OF TITLE 12, RELATING TO ASSESSMENT OF PROPERTY TAXES, BY ADDING SECTION 12-37-2842 SO AS TO PROVIDE FOR REGISTRATION AND FILING BY MOTOR CARRIERS AND TO REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO INFORM A MOTOR CARRIER OF REGISTRATION AND FILING REQUIREMENTS OF THE DEPARTMENT OF REVENUE AND TO SUPPLY FORMS; TO REPEAL SECTION 12-37-2845 RELATING TO PENALTIES FOR FAILURE OF A MOTOR CARRIER TO FILE A RETURN AND PAY TAX DUE; TO AMEND SECTION 12-54-85, RELATING TO TIME LIMITATIONS FOR ASSESSMENT OF TAXES OR FEES, SO AS TO DISTINGUISH BETWEEN A TAX AND A PENALTY NOT ASSOCIATED WITH ASSESSMENT OF A TAX AND TO PROVIDE FOR THE DETERMINATION AND ASSESSMENT OF CERTAIN TAXES AND FOR A CLAIM FOR REFUND RESULTING FROM AN ADJUSTMENT BY THE INTERNAL REVENUE SERVICE BEFORE ONE HUNDRED EIGHTY DAYS OF NOTICE OF THE ADJUSTMENT TO THE DEPARTMENT; TO AMEND SECTION 56-3-240, RELATING TO THE CONTENT OF AN APPLICATION FOR A MOTOR VEHICLE REGISTRATION, SO AS TO REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO OBTAIN A FEDERAL EMPLOYER IDENTIFICATION NUMBER OR SOCIAL SECURITY NUMBER WHEN A VEHICLE IS REGISTERED AS A BUS COMMON CARRIER OR WITH A GROSS WEIGHT EXCEEDING TWENTY-SIX THOUSAND POUNDS; TO AMEND CHAPTER 45, TITLE 12, RELATING TO COUNTY TREASURERS, BY ADDING SECTION 12-45-420, SO AS TO PROVIDE FOR A COMMITTEE COMPOSED OF THE COUNTY TREASURER, COUNTY AUDITOR, AND COUNTY ASSESSOR TO ADDRESS AN ERRONEOUS PENALTY LEVIED AGAINST PROPERTY; TO AMEND SECTION 12-43-217, RELATING TO PROPERTY REASSESSMENT, SO AS TO PROVIDE FOR POSTPONEMENT OF APPROVAL OF THE REASSESSMENT PROGRAM IF IMPLEMENTATION OF THE REVISED PROPERTY VALUATIONS IS POSTPONED; TO AMEND CHAPTER 45, TITLE 12, RELATING TO COUNTY TREASURERS, BY ADDING SECTION 12-45-78 SO AS TO PROVIDE THAT A REFUND OF OVERPAYMENT OF REAL PROPERTY TAX RESULTING FROM THE GRANTING OF THE HOMESTEAD EXEMPTION OR RESIDENTIAL CLASSIFICATION MUST BE PAID TO THE OWNER OF RECORD AT THE TIME OF THE EXEMPTION OR CLASSIFICATION; TO AMEND SECTION 12-37-610, RELATING TO LIABILITY FOR TAXES ON REAL ESTATE, SO AS TO PROVIDE FOR LIABILITY OF THE OWNER OR CARETAKER OF RECORD AS OF DECEMBER THIRTY-FIRST PRECEDING THE TAX YEAR; TO AMEND SECTION 12-51-40, RELATING TO LEVY OF EXECUTION AND SALE OF PROPERTY FOR DELINQUENT TAXES, SO AS TO PROVIDE FOR EXECUTION AGAINST PROPERTY TRANSFERRED BY THE DEFAULTING TAXPAYER AND NOTICE TO THE GRANTEE OF RECORD, AND TO PROVIDE THAT THE PROPERTY MAY BE PARTITIONED BEFORE THE SALE BUT TO ELIMINATE THE REQUIREMENT OF PARTITION OF DIVISIBLE PROPERTY; TO AMEND SECTION 12-51-50, RELATING TO PROCEDURES FOR THE SALE OF PROPERTY OF A DEFAULTING TAXPAYER, SO AS TO PROVIDE FOR SALE OF PROPERTY OF THE DEFAULTING TAXPAYER AND OF A GRANTEE OF THE DEFAULTING TAXPAYER; TO AMEND SECTION 12-51-55, RELATING TO A BID SUBMITTED BY THE FORFEITED LAND COMMISSION, SO AS TO PROVIDE THAT A SALE TO THE COMMISSION IS VOIDABLE BY THE COMMISSION UPON LATER DISCOVERY THAT THE PROPERTY IS CONTAMINATED; TO AMEND SECTION 12-51-60, RELATING TO PAYMENT BY THE SUCCESSFUL BIDDER, SO AS TO PROVIDE FOR NOTICE TO THE DEFAULTING TAXPAYER AND THE OWNER OF RECORD OF THE ISSUANCE OF THE TAX DEED; TO AMEND SECTION 12-51-120, RELATING TO NOTICE OF THE RUNNING OF THE REDEMPTION PERIOD, SO AS TO PROVIDE FOR NOTICE TO THE DEFAULTING TAXPAYER AND A PUBLICLY RECORDED GRANTEE, MORTGAGEE, OR LESSEE; TO AMEND SECTION 12-51-130, RELATING TO EXECUTION AND DELIVERY OF A TAX TITLE, SO AS TO PROVIDE THAT THE TAX TITLE INCLUDE THE NAME OF A GRANTEE OF RECORD OF THE PROPERTY AND THAT AN OVERPAYMENT BE PAID WITHIN NINETY DAYS TO THE OWNER OF RECORD; TO REPEAL ARTICLE 3, CHAPTER 49, TITLE 12, RELATING TO RIGHTS OF REAL ESTATE MORTGAGEES; TO AMEND SECTION 12-6-3510, RELATING TO THE INCOME TAX CREDIT ALLOWED FOR A PORTION OF INVESTMENTS MADE IN A QUALIFIED SOUTH CAROLINA MOTION PICTURE PROJECT AND A MOTION PICTURE PRODUCTION FACILITY OR POST-PRODUCTION FACILITY, SO AS TO ELIMINATE THE FIFTEEN THOUSAND DOLLAR LIMIT ON THE CREDIT FOR ONE QUALIFIED SOUTH CAROLINA MOTION PICTURE PROJECT AND TO INCREASE THE CARRY-FORWARD ON THESE CREDITS FROM FIVE TO FIFTEEN YEARS, TO CLARIFY THE ENTITIES ELIGIBLE FOR THESE CREDITS, TO PROVIDE WHEN THE CREDIT IS EARNED AND FOR RECOVERY OF UNEARNED CREDITS, TO CLARIFY WHAT CONSTITUTES "INVESTMENT" ELIGIBLE FOR THE CREDIT, AND TO CLARIFY AND MAKE MORE SPECIFIC DEFINITIONS RELATING TO THESE CREDITS; TO AMEND SECTION 12-6-1120, SO AS TO DELETE THE DISALLOWANCE OF THE EXCLUSION OF REAL PROPERTY EXCHANGES IF THE REAL PROPERTY IS LOCATED OUTSIDE THIS STATE; AND TO REPEAL SECTION 12-6-1180 RELATING TO CALCULATION OF THE BASIS FOR THE LIKE-KIND EXCHANGE OF REAL PROPERTY LOCATED OUTSIDE THIS STATE; AND TO SPECIFY VARIOUS EFFECTIVE DATES. /
/s/Senator Warren K. Giese Representative William D. Smith /s/Senator Ernest Passailaigue /s/Representative Alfred Robinson, Jr. /s/Senator Phil P. Leventis /s/Representative J. Roland Smith On Part of the Senate. On Part of the House.
Rep. ROBINSON explained the Conference Report.
Rep. D. SMITH spoke upon the Conference Report.
Rep. R. SMITH spoke in favor of the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.
The following was received:
Columbia, S.C., June 21, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators HOLLAND, RANKIN and ALEXANDER of the Committee of Free Conference on the part of the Senate on H. 4684:
H. 4684 (Word version) -- Rep. Jennings: A BILL TO AMEND CHAPTER 9, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXTRADITION PROCEDURES, BY ADDING SECTION 17-9-15, SO AS TO PROVIDE FOR THE EXTRADITION OF A PERSON WHO IS CHARGED IN THE REQUESTING STATE WITH COMMITTING AN ACT IN THIS STATE OR A THIRD STATE WHICH INTENTIONALLY RESULTED IN COMMITTING AN OFFENSE IN THE REQUESTING STATE.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 21, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 4684:
H. 4684 (Word version) -- Rep. Jennings: A BILL TO AMEND CHAPTER 9, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXTRADITION PROCEDURES, BY ADDING SECTION 17-9-15, SO AS TO PROVIDE FOR THE EXTRADITION OF A PERSON WHO IS CHARGED IN THE REQUESTING STATE WITH COMMITTING AN ACT IN THIS STATE OR A THIRD STATE WHICH INTENTIONALLY RESULTED IN COMMITTING AN OFFENSE IN THE REQUESTING STATE.
The Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act and the Act enrolled for ratification.
The Senate has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 1291 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 62-5-433, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR SETTLEMENT OF CLAIMS IN FAVOR OF OR AGAINST MINORS OR INCAPACITATED PERSONS, SO AS TO PROVIDE THAT FOR SETTLEMENT OF CLAIMS IN AN AMOUNT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS, JURISDICTION SHALL BE WITH THE CIRCUIT COURT; AND FOR CLAIMS NOT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS, JURISDICTION SHALL BE WITH EITHER THE CIRCUIT COURT OR THE PROBATE COURT.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 62-5-433 of the 1976 Code, as last amended by Act 521 of 1990, is further amended to read:
"Section 62-5-433. (A)(1) For purposes of this section and for any claim exceeding ten twenty-five thousand dollars in favor of or against any minor or incapacitated person, 'court' means the circuit court of the county in which the minor or incapacitated person resides or the circuit court in the county in which the suit is pending. For purposes of this section and for any claim not exceeding ten twenty-five thousand dollars in favor of or against any minor or incapacitated person, 'court' means either the circuit court or the probate court of the county in which the minor or incapacitated person resides or the circuit court or probate court in the county in which the suit is pending.
(2) 'Claim' means the net or actual amount accruing to or paid by the minor or incapacitated person as a result of the settlement.
(3) 'Petitioner' means either a conservator appointed by the probate court for the minor or incapacitated person or the guardian or guardian ad litem of the minor or incapacitated person if a conservator has not been appointed.
(B) The settlement of any claim over ten twenty-five thousand dollars in favor of or against any minor or incapacitated person for the payment of money or the possession of personal property must be effected on his behalf in the following manner:
(1) The petitioner shall must file with the court a verified petition setting forth all of the pertinent facts concerning the claim, payment, attorney's fees, and expenses, if any, and the reasons why, in the opinion of the petitioner, the proposed settlement should be approved. For all claims that exceed ten twenty-five thousand dollars, the verified petition must include a statement by the petitioner that, in his opinion, the proposed settlement is in the best interests of the minor or incapacitated person.
(2) If, upon consideration of the petition and after hearing the testimony as it may require concerning the matter, the court concludes that the proposed settlement is proper and in the best interests of the minor or incapacitated person, the court shall issue its order approving the settlement and authorizing the petitioner to consummate it and, if the settlement requires the payment of money or the delivery of personal property for the benefit of the minor or incapacitated person, to receive the money or personal property and execute a proper receipt and release or covenant not to sue therefor, which is binding upon the minor or incapacitated person.
(3) The order authorizing the settlement must require that payment or delivery of the money or personal property be made through the conservator. If a conservator has not been appointed, the petitioner shall, upon receiving the money or personal property, pay and deliver it to the court pending the appointment and qualification of a duly appointed conservator. If a party subject to the court order fails or refuses to pay the money or deliver the personal property as required by the order, he is liable and punishable as for contempt of court, but failure or refusal does not affect the validity or conclusiveness of the settlement.
(C) The settlement of any claim that does not exceed ten twenty-five thousand dollars in favor of or against a minor or incapacitated person for the payment of money or the possession of personal property may be effected in any of the following manners:
(1) If a conservator has been appointed, he may settle the claim without court authorization or confirmation, as provided in Section 62-5-424, or he may petition the court for approval, as provided in items (1), (2), and (3) of subsection (B) above. If the settlement requires the payment of money or the delivery of personal property for the benefit of the minor or incapacitated person, the conservator shall receive the money or personal property and execute a proper receipt and release or covenant not to sue therefor, which is binding upon the minor or incapacitated person.
(2) If a conservator has not been appointed, the guardian or guardian ad litem must petition the court for approval of the settlement, as provided in items (1) and (2) of subsection (B) above, and without the appointment of a conservator. The payment or delivery of money or personal property to or for a minor or incapacitated person must be made in accordance with Section 62-5-103. If a party subject to the court order fails or refuses to pay the money or deliver the personal property, as required by the order and in accordance with Section 62-5-103, he is liable and punishable as for contempt of court, but failure or refusal does not affect the validity or conclusiveness of the settlement.
(D) The settlement of any claim that does not exceed two thousand five hundred dollars in favor of or against any minor or incapacitated person for the payment of money or the possession of personal property may be effected by the parent or guardian of the minor or incapacitated person without court approval of the settlement and without the appointment of a conservator. If the settlement requires the payment of money or the delivery of personal property for the benefit of the minor or incapacitated person, the parent or guardian shall receive the money or personal property and execute a proper receipt and release or covenant not to sue therefor, which is binding upon the minor or incapacitated person. The payment or delivery of money or personal property to or for a minor or incapacitated person must be made in accordance with Section 62-5-103."
SECTION 2. The 1976 Code is amended by adding:
"Section 27-7-40. (a) In addition to any other methods for the creation of a joint tenancy in real estate which may exist by law, whenever any deed of conveyance of real estate contains the names of the grantees followed by the words 'as joint tenants with rights of survivorship, and not as tenants in common' the creation of a joint tenancy with rights of survivorship in the real estate is conclusively deemed to have been created. This joint tenancy includes, and is limited to, the following incidents of ownership:
(i) In the event of the death of a joint tenant, and in the event only one other joint tenant in the joint tenancy survives, the entire interest of the deceased joint tenant in the real estate vests in the surviving joint tenant, who is vested with the entire interest in the real estate owned by the joint tenants.
(ii) In the event of the death of a joint tenant survived by more than one joint tenant in the real estate, the entire interest of the deceased joint tenant vests equally in the surviving joint tenants who continues to own the entire interest owned by them as joint tenants with right of survivorship.
(iii) The fee interest in real estate held in joint tenancy may not be encumbered by a joint tenant acting alone without the joinder of the other joint tenant or tenants in the encumbrance.
(iv) If all the joint tenants who own real estate held in joint tenancy join in an encumbrance or deed of conveyance, the interest in the real estate shall be effectively encumbered or conveyed to a third party or parties.
(v) If real estate is owned by only two joint tenants, a conveyance by one joint tenant to the other joint tenant terminates the joint tenancy and conveys the fee in the real estate to the other joint tenant.
(vi) If real estate is owned by more than two joint tenants, a conveyance by one joint tenant to all the other joint tenants therein conveys his interest therein equally to the other joint tenants who continue to own the real estate as joint tenants with right of survivorship.
(vii) Any joint tenancy in real estate held by a husband and wife with no other joint tenants is severed upon the filing of an order or decree dissolving their marriage and vests the interest in both the parties as tenants in common, unless an order or decree of a court of competent jurisdiction otherwise provides.
(viii) The interest of any joint tenant in a joint tenancy in real estate sold or conveyed by a court of competent jurisdiction where otherwise permitted by law severs the joint tenancy, unless the order or decree of such court otherwise provides and vests title in the parties as tenants in common.
(ix) If real estate is owned by two or more joint tenants, a conveyance by all the joint tenants to themselves as tenants in common severs the joint tenancy and conveys the fee in the real estate to these individuals as tenants in common.
(b) The surviving joint tenant or tenants may, following the death of a joint tenant, file with the Register of Deeds of the county in which the real estate is located a certified copy of the certificate of death of the deceased joint tenant. The fee to be paid to the Register of Deeds for this filing is the same as the fee for the deed of conveyance. The Register of Deeds must index the certificate of death under the name of the deceased joint tenant in the grantor deed index of that office. The filing of the certificate of death is conclusive that the joint tenant is deceased and that the interest of the deceased joint tenant has vested by operation of law in the surviving joint tenant or tenants in the joint tenancy in real estate.
(c) Except as expressly provided herein, any joint tenancy severed pursuant to the terms of this section is and becomes a tenancy in common without rights of survivorship. Nothing contained in this section shall be construed to create the estate of tenancy by the entireties. Nothing contained in this section amends any statute relating to joint tenancy with rights of survivorship in personal property but affects only real estate. The provisions of this section must be liberally construed to carry out the intentions of the parties. This section supersedes any conflicting provisions of Section 62-2-804."
SECTION 3. Section 62-2-804 of the 1976 Code, as last amended by Act 405 of 1996, is further amended to read:
"Section 62-2-804. When any person is seized or possessed of any estate of joint tenancy at the time of his death, such the joint tenancy is deemed to have been severed by the death of the joint tenant and such the estate is distributable as a tenancy in common unless the instrument which created creates the joint tenancy, including any instrument in which one person conveys to himself and one or more other persons, or two or more persons convey to themselves, or to themselves and another or others, expressly provides for a right of survivorship, in which case the severance shall does not occur. While other methods for the creation of a joint tenancy may be utilized, an express provision for a right of survivorship is conclusively deemed to have occurred if the will or instrument of conveyance contains the names of the devisees or grantees followed by the words 'as joint tenants with right of survivorship and not as tenants in common'."
SECTION 4. Section 62-3-711 of the 1976 Code is amended to read:
"Section 62-3-711. (a) Until termination of his appointment or unless otherwise provided in Section 62-3-910, a personal representative has the same power over the title to property of the estate that an absolute owner would have, in trust however, for the benefit of the creditors and others interested in the estate. Except as otherwise provided in subsection (b), this power may be exercised without notice, hearing, or order of court.
(b) Except where the will of the decedent authorizes to the contrary, a personal representative may not sell real property of the estate except as authorized pursuant to the procedure described in Section 62-3-1301, et seq. and shall refrain from selling tangible or intangible personal property of the estate (other than securities regularly traded on national or regional exchanges and produce, grain, fiber, tobacco, or other merchandise of the estate for which market values are readily ascertainable) having an aggregate value of five thousand dollars or more without prior order of the court.
(c) If the will of a decedent devises real property to a personal representative or authorizes a personal representative to sell real property (the title to which was not devised to the personal representative), then subject to Section 62-3-713, the personal representative, acting in trust for the benefit of the creditors and others interested in the estate, may execute a deed in favor of a purchaser for value, who takes title to the real property in accordance with the provisions of Section 62-3-910(b)."
SECTION 5. The first paragraph of Section 62-3-906(a) of the 1976 Code is amended to read:
"Unless a contrary intention is indicated by the will, such as the grant to the personal representative of a power of sale, the distributable assets of a decedent's estate must be distributed in kind to the extent possible through application of the following provisions:"
SECTION 6. Section 62-3-907 of the 1976 Code is amended to read:
"Section 62-3-907. (A) If distribution in kind (whether real or personal property) is made, the personal representative shall must execute an instrument or deed of distribution assigning, transferring, or releasing the assets to the distributee as evidence of the distributee's title to the property.
(B) If the decedent dies intestate or devises real property to a distributee, the personal representative's execution of a deed of distribution of real property constitutes a release of the personal representative's power over the title to the real property, equivalent to that of an absolute owner, in trust, however, for the benefit of the creditors and others interested in the estate, provided by Section 62-3-711(a). The deed of distribution affords the distributee, and his purchasers or encumbrancers, the protection provided in Sections 62-3-908 and 62-3-910.
(C) If the decedent devises real property to a personal representative, either in a specific or residuary devise, the personal representative's execution of a deed of distribution of the real property constitutes a transfer of the title to the real property from the personal representative to the distributee, as well as a release of the personal representative's power over the title to the real property, equivalent to that of an absolute owner, in trust, however, for the benefit of the creditors and others interested in the estate, provided by Section 62-3-711(a). The deed of distribution affords the distributee, and his purchasers or encumbrancers, the protection provided in Sections 62-3-908 and 62-3-910.
(D) The personal representative's execution of an instrument or deed of distribution of personal property constitutes a transfer of the title to the personal property from the personal representative to the distributee, as well as a release of the personal representative's power over the title to the personal property, equivalent to that of an absolute owner, in trust, however, for the benefit of the creditors and others interested in the estate, provided by Section 62-3-711(a).
(E) Prior to recording the deed of distribution:
(1) the deed of distribution must be examined by the probate judge to determine that the grantee or grantees named in the deed of distribution conform to the terms of the will or, in cases of intestacy, to the heirs at law as shown on Form 300PC. The seal of the probate court must be impressed upon the first page of the deed of distribution indicating that the examination has been completed; or
(2) the deed or distribution must be accompanied by an affidavit from a licensed attorney asserting that the grantee or grantees named in the deed of distribution conform to the terms of the will, or in cases of intestacy, to the heirs at law as shown on Form 300PC."
SECTION 7. Section 62-3-908 of the 1976 Code is amended to read:
"Section 62-3-908. Proof that a distributee has received an instrument or deed of distribution of assets in kind whether real or personal property, or payment in distribution, from a personal representative is conclusive evidence that the distributee has succeeded to the interest of the estate in the distributed assets, as against all persons interested in the estate, except that the personal representative may recover the assets or their value if the distribution was improper. An improper distribution includes, but is not limited to, those instances where the instrument or deed of distribution is found to be inconsistent with the provisions of the will or statutes governing intestacy."
SECTION 8. Section 62-3-910 of the 1976 Code is amended to read:
"Section 62-3-910. (A) If property distributed in kind (whether real or personal property) or a mortgage or other security interest therein is acquired for value by a purchaser from or lender to a distributee who has received an instrument or deed of distribution from the personal representative, or is so acquired by a purchaser from or lender to a transferee from such distributee, the purchaser or lender takes title free of rights of any interested person in the estate and incurs no personal liability to the estate, or to any interested persons, whether or not the distribution was proper or supported by court order or the authority of the personal representative was terminated before execution of the instrument or deed. This section protects a purchaser from or lender to a distributee who, as personal representative, has executed a deed of distribution to himself, as well as a purchaser from or lender to any other distributee or his transferee. To be protected under this provision, a purchaser or lender need not inquire whether a personal representative acted properly in making the distribution in kind, even if the personal representative and the distributee are the same person, or whether the authority of the personal representative had terminated before the distribution. Any recorded instrument described in this section on which the appropriate documentary or revenue stamps are affixed is prima facie evidence that such the transfer was made for value.
(B) If a will devises real property to a personal representative or authorizes a personal representative to sell real property (the title to which was not devised to the personal representative), a purchaser for value who receives a deed from the personal representative takes title to the real property free of rights of any heirs or devisees or other interested person in the estate and incurs no personal liability to the estate or to any heir or devisee or other interested person in the estate. The purchaser is protected whether or not the sale was proper and regardless of whether the heirs or devisees to whom title devolved pursuant to Section 62-3-101 executed or consented to the deed, because the personal representative exercises the power of sale in trust, for the benefit of creditors, and others interested in the estate, who have recourse against the personal representative under Section 62-3-712 if the sale constitutes a breach of the personal representative's fiduciary duty. This section protects a purchaser of real property from a personal representative who has title to the real property or who has sold real property to the purchaser pursuant to an authorization in the will. To be protected under this provision, a purchaser need not inquire whether a personal representative acted properly in making the sale, even if the personal representative and the purchaser are the same person, or whether the authority of the personal representative had terminated before the sale. Any recorded instrument described in this section on which the appropriate documentary or revenue stamps are affixed is prima facie evidence that the sale was made for value."
SECTION 9. Section 62-4-207 of the 1976 Code is amended to read:
"Section 62-4-207. In respect to a nonresident decedent, the provisions of Article 3 [Sections 62-3-101 et seq.] govern (1) proceedings, if any, in a court of this State for probate of the will, appointment, removal, supervision, and discharge of the local personal representative, and any other order concerning the estate; and (2) the status, powers, duties, and liabilities of any local personal representative and the rights of claimants, purchasers, distributees, and others in regard to a local administration. The initiation of a proceeding under Article 3 (Sections 62-3-101 et seq.) is the appropriate procedure for an ancillary administration relating to the real property of a nonresident decedent located in this State."
SECTION 10. Section 62-5-408(3) of the 1976 Code is amended to read:
"(3)(a) After hearing and upon determining that a basis for an appointment or other protective order exists with respect to a person for reasons other than minority, the court has, for the benefit of the person and of his estate and fulfillment of his legal obligations of support of dependents, all the powers over his estate and affairs which he could exercise if present and not under disability, except the power to make a will. These powers include, but are not limited to, the power to:
(i) make gifts as the court, in its discretion, believes would be made by the person if he were competent;
(ii) convey or release the person's contingent and expectant interests in property including material property rights and any right of survivorship incident to joint tenancy;
(iii) exercise or release the person's powers as trustee, personal representative, custodian for minors, conservator, or donee of a power of appointment;
(iv) enter into contracts;
(v) create or amend revocable trusts or create irrevocable trusts of property of the estate which may extend beyond the person's disability or life;
(vi) fund trusts;
(vii) exercise options of the disabled person to purchase securities or other property;
(viii) exercise the person's right to elect options and change beneficiaries under insurance and annuity policies and to surrender the policies for their cash value;
(ix) exercise the person's right to an elective share in the estate of the person's deceased spouse;
(x) renounce any interest by testate or intestate succession or by inter vivos transfer; and
(xi) ratify any such actions taken on the person's behalf.
(b) In order to exercise, or direct the exercise of the court's authority in any powers set forth in item (a), the court must entertain a petition in which the specific relief sought is set forth, the incapacitated person, his known heirs, devisees, donees, and beneficiaries are made parties to the action, and which contains a statement that the person either is incapable of consenting or has consented to the proposed exercise of power.
(c) In exercising the powers set forth in item (b), the court also must inquire into and consider any known lifetime gifts or the estate plan of the person, the terms of any revocable trust of which he is grantor, and any contract, transfer, or joint ownership arrangements with provisions for payment or transfer of benefits or interests at his death to another which he may have originated. In exercising the court's authority set forth in item (b), the court must set forth in the record specific findings upon which it has based its ruling."
SECTION 11. Section 62-3-1202A of the 1976 Code is repealed.
SECTION 12. This act takes effect upon approval by the Governor./
Amend title to conform.
The Honorable Robert W. Hayes The Honorable George Campsen III The Honorable Larry Martin The Honorable Michael Easterday The Honorable C. Bradley Hutto The Honorable F. G. Delleney, Jr. On Part of the Senate. On Part of the House.
Rep. EASTERDAY explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The Senate amendments to the following Bill were taken up for consideration:
H. 4892 (Word version) -- Reps. Wilkins, McMahand and F. Smith: A BILL TO AMEND ACT 602 OF 1992, RELATING TO THE MANNER IN WHICH THE ANNUAL BUDGET AND TAX MILLAGE FOR THE SCHOOL DISTRICT OF GREENVILLE COUNTY MUST BE DETERMINED, SO AS TO PROVIDE THAT THE BOARD MAY ALSO RAISE THE SCHOOL MILLAGE AS NECESSARY, BUT AT A RATE NOT TO EXCEED FOUR MILLS IN ANY ONE YEAR, TO MAINTAIN A TEACHER SALARY SCHEDULE EQUAL TO THE SALARY SCHEDULE OF ANY OTHER SCHOOL DISTRICT IN THIS STATE.
Reps. LOFTIS, HAMILTON and LEACH proposed the following Amendment No. 1A (Doc Name \PT\AMEND\2176DW00), which was adopted:
Amend the bill, as and if amended, page 1, line 29, as contained in SECTION 1, by striking /fiscal autonomy/ and inserting:
/ taxing authority and be elected in partisan elections /
Amend title to conform.
Rep. LOFTIS explained the amendment.
The amendment was then adopted by a division vote of 6 to 4.
Rep. HAMILTON proposed the following Amendment No. 2A (Doc Name COUNCIL\PT\AMEND\2179DW00), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 1, line 26, after /referendum/ by inserting / questions /
Amend further, after line 33, by inserting the following:
/ Shall the governing body of the School District of Greenville County be elected for terms of two instead of four years?
/Amend further, line 34, by striking /question/ and inserting / questions /
Amend further, line 36, by striking /question/ and inserting / questions /
Amend title to conform.
Rep. HAMILTON explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4849 (Word version) -- Rep. Askins: A BILL TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING CHAPTER 49 SO AS TO ENACT THE "FIREFIGHTER MOBILIZATION ACT OF 2000".
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Title 23 of the 1976 Code is amended by adding:
Section 23-49-10. This chapter is known and may be cited as the 'Firefighter Mobilization Act of 2000'.
Section 23-49-20. There is created the South Carolina Firefighter Mobilization Oversight Committee, to be comprised of the following persons: (1) the State Fire Marshal; (2) the State Emergency Preparedness Division Director of the Adjutant General's Office; (3) the State Forester; (4) a county emergency preparedness division coordinator appointed by the Governor upon consideration of the written recommendations of the Emergency Preparedness Association for a term of three years; and (5) six fire prevention and control personnel appointed by the Governor upon consideration of the written recommendations of the South Carolina State Firemen's Association for three-year terms, three of whom shall serve initial terms of two years, and three of whom shall serve initial terms of three years; thereafter, all fire prevention and control personnel shall serve three-year terms. The Executive Director of the South Carolina State Firemen's Association shall serve as an ex officio, non-voting member of the committee.
Section 23-49-30. The State Fire Marshal shall serve as chairman and shall call meetings as often as he considers necessary or expedient. The State Emergency Preparedness Division Director of Adjutant General's Office shall serve as vice chairman. Vacancies on the committee shall be filled in the manner of original appointment for the unexpired term.
Section 23-49-40. The members of the South Carolina Firefighter Mobilization Oversight Committee shall serve without compensation.
Section 23-49-50. The South Carolina Firefighter Mobilization Oversight Committee shall establish the South Carolina Firefighter Mobilization Plan. The purpose of the plan is to provide for responding firefighting and rescue resources from one part of the State to another part of the State or from one state to another state. The plan is operative (1) under emergencies declared by the Governor or by the President of the United States, (2) when a local fire chief needs additional resources after existing mutual aid agreements have been utilized, or (3) when another state requests assistance in dealing with an emergency when a state mutual aid agreement exists between South Carolina and the other state. In addition, the plan operates and is a part of the State Emergency Response Plan.
Section 23-49-60. (A) The South Carolina Firefighter Mobilization Oversight Committee shall (1) develop procedures and guidelines for dispatching and deploying rural and municipal fire and rescue resources, and (2) establish a system of regions in the State for managing fire and rescue emergencies utilizing an incident command system.
(B) The committee shall develop a Firefighter Mobilization Mutual Aid Agreement and, with the assistance from the offices of the State Fire Marshal and State Emergency Preparedness Director of the Adjutant General's Office, secure local governments' and other states' participation in the agreement.
(C) In order to receive fire and rescue resources under the South Carolina Firefighter Mobilization Plan, each county and municipality in the State must sign a mutual aid agreement. Other participating states must sign a mutual aid agreement with the State Emergency Preparedness Division of the Adjutant General's Office in order to receive the same, or similar, fire and rescue resources.
Section 23-49-70. The South Carolina Firefighter Mobilization Oversight Committee shall appoint the number of state and regional coordinators the committee considers necessary and sufficient for the execution of the South Carolina Firefighter Mobilization Plan. A state coordinator shall be designated by the committee to be in overall charge of managing the state response for fire and rescue services. A regional coordinator is in overall charge of a region for the purpose of managing the regional response for fire and rescue services and must report directly to the state coordinator designated by the committee.
Section 23-49-80. The committee may request and utilize information regarding equipment, personnel, and other fire and rescue resources maintained by the South Carolina State Firemen's Association.
Section 23-49-90. All fire and rescue resources requested and received under the South Carolina Firefighter Mobilization Plan shall be under the command of the local authority having jurisdiction during an emergency until such resources are released.
Section 23-49-100. When directed by the Governor, the South Carolina Department of Transportation and the South Carolina National Guard shall assist with the transportation of equipment and personnel under this chapter.
Section 23-49-110. (A) For purposes of this chapter:
(1) 'Dry fire hydrant' means a fire hydrant that is connected to a source of water from which water is pumped for fire suppression or fire suppression training.
(2) 'Firefighting agency' means any entity that provides firefighting services including, but not limited to:
(a) a fire department;
(b) a political subdivision of this State authorized to provide firefighting services; and
(c) the South Carolina Forestry Commission or commission cooperators.
(3) 'Source of water' means a water system, water tank, ditch, pool, pond, lake, or river.
(B) An owner, lessee, or occupant of real property from whom a firefighting agency utilizes a source of water for firefighting purposes is not liable for damage for personal injury, death, or injury to or destruction of property occurring from:
(1) removal of water from a dry fire hydrant or the installation and maintenance of a dry fire hydrant;
(2) removal of water by drafting or through a pressure hose;
(3) removal of water by a bucket or hose suspended from a helicopter; or
(4) removal of water by a fixed wing aircraft.
Section 23-49-120. (A) For purposes of this chapter, 'fire protection, control, and rescue equipment' or 'equipment' means, but is not limited to, a vehicle, a firefighting tool, protective gear, breathing apparatus, and any other tools or supplies commonly used or capable of use in fire prevention, firefighting, or fire rescue.
(B) The South Carolina Forestry Commission may accept donations of new or used fire protection, control, and rescue equipment from individuals or organizations. Donated equipment accepted by the commission may be retained for use by the commission or distributed to county, municipal, or other fire departments in this State or to other state or local emergency service or rescue organizations. A fire department or other organization accepting donated breathing apparatus from the commission shall cause the breathing apparatus to be recertified according to the manufacturer's specifications by the manufacturer or a technician certified by the manufacturer before it is placed into service or used by the fire department or other organization.
(C) A donor or donor organization acting in good faith when donating new or used equipment that is apparently fit for use by humans and for its intended purpose is not subject to criminal penalties or civil liability for death or injuries to persons or property arising from a disclosed defect in the equipment, from an unknown defect in the equipment, or from the condition of the donated equipment, unless the death or injury to persons or property is caused by gross negligence, recklessness, or intentional misconduct of the donor."
SECTION 2. Section 23-6-50 of the 1976 Code is amended by adding a new sentence at the end:
"The Department of Public Safety is authorized to carry forward and expend all motor carrier registration fees collected pursuant to Chapter 23 of Title 58 for fiscal years 1996-1997, 1997-1998, 1998-1999 into fiscal year 1999-2000."
SECTION 3. Section 23-10-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 23-10-10. The State Fire Marshal shall have has the sole responsibility for the operation of the South Carolina Fire Academy (Academy). The Academy is operated for the express purpose of upgrading the state's paid, volunteer, and industrial fire service personnel-paid, volunteer, and industrial. All buildings, facilities, equipment, property, and instructional materials which are now or become a part of the Academy shall remain are assigned to the Academy and may not be integrated with any other local or state agency, association, department, or technical education center, without the consent of the Director of the Department of Licensing, Labor, Licensing and Regulation or his designee.
There is created the South Carolina Fire Academy Advisory Committee which shall advise and assist the State Fire Marshal in developing a comprehensive training program based upon the needs of the fire service in this State. Membership on the committee shall include includes:
(A) the Chairman and appointed members of the Fire School Committee of the South Carolina State Firemen's Association. The Chairman of the Fire School Committee also shall serve as the Chairman of the South Carolina Fire Academy Advisory Committee;
(B) one member from the South Carolina Fire Chief's Association appointed by the president;
(C) one member from the South Carolina Fire Inspectors Association appointed by the president;
(D) one member from the South Carolina Society of Fire Service Instructors Association appointed by the president;
(E) one member from the Professional Firefighters Association appointed by the president;
(F) one member from the South Carolina Chapter of International Association of Arson Investigators appointed by the president;
(G) the Director of the South Carolina Fire Academy who shall serve as secretary without voting privileges. Membership from the South Carolina Fire Academy is limited to the director only;
(H) one industrial fire protection representative appointed by the president of the South Carolina Chapter of the American Society of Safety Engineers;
(I) the Executive Director of the South Carolina State Firemen's Association who shall serve as a member ex officio without voting privileges;
(J) the State Fire Marshal as a member ex officio without voting privileges;
(K) one member from higher education having experience and training in curriculum development appointed by the Director of the Department of Labor, Licensing and Regulation.; and
(L) one member from the South Carolina Fire and Life Safety Education Association appointed by the president."
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
Thomas L. Moore Annette D. Young-Brickell William H. O'Dell James Norris Law Chauncey Klugh Gregory Thomas Middleton Dantzler On Part of the Senate. On Part of the House.
Rep. YOUNG-BRICKELL explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following was received:
Columbia, S.C., June 22, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 1291:
S. 1291 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 62-5-433, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR SETTLEMENT OF CLAIMS IN FAVOR OF OR AGAINST MINORS OR INCAPACITATED PERSONS, SO AS TO PROVIDE THAT FOR SETTLEMENT OF CLAIMS IN AN AMOUNT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS, JURISDICTION SHALL BE WITH THE CIRCUIT COURT; AND FOR CLAIMS NOT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS, JURISDICTION SHALL BE WITH EITHER THE CIRCUIT COURT OR THE PROBATE COURT.
Very respectfully,
President
Received as information.
The Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.
The following was received:
Columbia, S.C., June 22, 2000
The Senate respectfully informs your Honorable Body that it requests the return of H. 4460:
H. 4460 (Word version) -- Rep. McGee: A BILL TO AMEND SECTION 27-39-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF RENT BY DISTRESS PROCEEDINGS AND THE PROPERTY EXEMPT, FROM DISTRESS, SO AS TO INCLUDE AS EXEMPT PROPERTY THAT WHICH IS OWNED BY A THIRD PARTY FOR WHICH THE MAGISTRATE FINDS OWNERSHIP WAS NOT TRANSFERRED FROM THE TENANT TO THE THIRD PARTY FOR THE PURPOSE OF AVOIDING DISTRAINT; AND TO AMEND SECTION 27-39-250, RELATING TO THE PROPERTY OF OTHERS ON THE RENTED PREMISES, SO AS TO REQUIRE THE MAGISTRATE TO CONDUCT A HEARING CONCERNING THE OWNERSHIP OF THE PROPERTY OF A THIRD PARTY AND IF THE MAGISTRATE FINDS THE PROPERTY WAS TRANSFERRED TO THE THIRD PARTY FOR THE PURPOSE OF AVOIDING DISTRAINT, THEN THE DISTRAINED PROPERTY OF THE THIRD PARTY IS SUBJECT TO SALE.
Very respectfully,
President
The Bill was ordered returned to the Senate upon their request.
Rep. MCGEE moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:
H. 3120 (Word version) -- Reps. Sandifer, Meacham-Richardson, Simrill and Littlejohn: A BILL TO AMEND SECTION 23-3-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED TO BE INCLUDED IN THE STATE DNA DATABASE, SO AS TO INCLUDE PERSONS CONVICTED OR ADJUDICATED DELINQUENT FOR HOMICIDE OR ASSAULT AND BATTERY COMMITTED AGAINST A CHILD BY A PERSON SIXTEEN YEARS OF AGE OR OLDER.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Bailey Bales Barfield Barrett Bowers Brown, G. Brown, H. Brown, J. Campsen Carnell Cato Chellis Clyburn Cooper Cotty Dantzler Delleney Edge Emory Frye Gamble Gourdine Govan Hamilton Harrell Harrison Harvin Hawkins Hayes Hines, M. Hinson Huggins Kelley Kirsh Knotts Koon Lanford Law Leach Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox Martin McCraw McGee McLeod, M. McLeod, W. Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Neilson Ott Parks Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sheheen Smith, D.C. Smith, F. Smith, R. Stuart Taylor Townsend Trotter Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER appointed Reps. MCGEE, F. SMITH and ALTMAN to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3120 (Word version) -- Reps. Sandifer, Meacham, Simrill and Littlejohn: A BILL TO AMEND SECTION 23-3-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS OF CRIMINAL DATA MADE BY LAW ENFORCEMENT AGENCIES AND COURT OFFICIALS TO THE STATE LAW ENFORCEMENT DIVISION, SO AS TO ADD THAT THE FINGERPRINTS OF PERSONS SUBJECTED TO LAWFUL CUSTODIAL ARREST AND PERSONS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS AND THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES MUST BE SUBMITTED TO THE STATE LAW ENFORCEMENT DIVISION; TO AMEND SECTION 23-3-620, RELATING TO PERSONS REQUIRED TO BE INCLUDED IN THE STATE DNA DATABASE, SO AS TO INCLUDE PERSONS CONVICTED OR ADJUDICATED DELINQUENT FOR A VIOLENT CRIME AND OTHER ENUMERATED CRIMES, AND TO REQUIRE THAT PERSONS CONVICTED OR ADJUDICATED DELINQUENT OF VIOLENT CRIMES AND OTHER ENUMERATED CRIMES MUST PROVIDE A DNA SAMPLE AS A CONDITION OF PROBATION OR PAROLE; TO AMEND SECTION 23-3-700, RELATING TO THE IMPLEMENTATION OF THE DNA RECORD DATABASE ACT BEING CONTINGENT ON FUNDING, SO AS TO ADD THAT SLED SHALL BEGIN COLLECTING DNA FOR THE CRIMES ENUMERATED HEREIN BY JULY 30, 2000; TO AMEND SECTION 23-6-420, AS AMENDED, RELATING TO THE MEMBERSHIP OF THE LAW ENFORCEMENT TRAINING ADVISORY COUNCIL, SO AS TO ADD AS A MEMBER THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; TO AMEND SECTION 24-21-280, AS AMENDED, RELATING TO THE GENERAL DUTIES AND POWERS OF PROBATION AGENTS, SO AS TO CLARIFY THAT A PROBATION AGENT HAS THE POWER AND AUTHORITY TO ENFORCE THE CRIMINAL LAWS OF THE STATE; TO AMEND SECTION 17-3-310, RELATING TO THE COMMISSION ON INDIGENT DEFENSE, ITS MEMBERSHIP AND TERMS, SO AS TO RECONSTITUTE THE COMMISSION ON JULY 1, 2000, TO HAVE SIX MEMBERS APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF THE PUBLIC DEFENDER ASSOCIATION, AND THE SOUTH CAROLINA BAR ASSOCIATION AND TO HAVE ONE MEMBER APPOINTED BY THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, TO PROVIDE FOR STAGGERED TERMS, AND TO CAUSE THE TERMS OF THE PRESENT MEMBERS OF THE COMMISSION TO EXPIRE ON JULY 1, 2000; TO AMEND SECTION 20-7-8325, RELATING TO A JUVENILE'S CONDITIONAL AFTERCARE RELEASE FROM A JUVENILE CORRECTIONAL FACILITY, SO AS TO PROVIDE THAT AN AFTERCARE COUNSELOR, IF TRAINED AS A LAW ENFORCEMENT OFFICER, HAS THE POWER TO ARREST THE JUVENILE FOR VIOLATING CONDITIONS OF THE RELEASE; AND TO AMEND SECTION 20-7-8335, RELATING TO THE QUALIFICATIONS AND DUTIES OF PROBATION COUNSELORS FOR THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT A PROBATION COUNSELOR TRAINED AS A LAW ENFORCEMENT OFFICER HAS THE POWER TO ISSUE WARRANTS, TO ARREST, AND TO EXECUTE PROCESS, AND TO PROVIDE THAT IN THE PERFORMANCE OF THEIR DUTIES, PROBATION COUNSELORS ARE REGARDED AS REPRESENTATIVES OF THE COURT, DEPARTMENT OF JUVENILE JUSTICE, AND THE JUVENILE PAROLE BOARD.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 20-7-8325 of the 1976 Code, as added by Act 383 of 1996, is amended to read:
"Section 20-7-8325. (A) At any time during the period of conditional release, an aftercare counselor or the counselor's supervisor may issue or cause to be issued a warrant for the juvenile to be taken into custody for violating any of the conditions of the release. A police officer or other officer with power to arrest, upon request of an aftercare counselor, may take the juvenile into custody. The arresting officer shall obtain a warrant signed by the aftercare counselor setting forth that the juvenile, in the counselor's judgment, violated the conditions of the release which is authority for the detention of the juvenile in an appropriate place of detention. If an aftercare release revocation is necessary, the aftercare counselor shall submit in writing a thorough report to the parole board, showing in what manner the delinquent child has violated the conditional release. A child returned to the custody of a correctional school by aftercare revocation shall have a hearing or review of the child's case by the parole board. The parole board is the final authority to determine whether or not the child failed to abide by the aftercare rules and conditions of release.
(B) An aftercare counselor who has successfully completed Class I or II law enforcement officer training and received a certificate from the Department of Public Safety pursuant to the provisions of Article 9, Chapter 6 of Title 23 has the power, when commissioned by the department, to take a child conditionally released from the custody of the department and subject to the jurisdiction of the Board of Juvenile Parole into custody upon the issuance of a warrant for violating the conditions of his release."
SECTION 2. Section 20-7-8335 of the 1976 Code, as added by Act 383 of 1996, is amended to read:
"Section 20-7-8335. (A) To be eligible for appointment as a probation counselor, an applicant must possess:
(1) a college degree involving special training in the field of social science or its equivalent;
(2) a personality and character as would render the applicant suitable for the functions of the office.
(B) Probation counselors shall live in districts as determined by the director. Each counselor periodically shall visit the schools under the supervision of the Department of Juvenile Justice and become familiar with the records, background, and needs of the children and shall make periodic reports to the school.
(C)(1) The Duties duties of the probation counselors include:
(a) conducting an investigation of the child and the child's home as may be required by the court;
(b) to be being present in court at the hearing of cases; and
(c) to furnish furnishing to the court information and assistance as the judge may require; and
(d) to take taking charge of a child before and after hearings as may be directed by the court.
(2) During the probationary period of a child and during the time that the child may be committed to an institution or to the care of an association or person for custodial or disciplinary purposes, the child is always subject to visitation by the probation counselors or other agents of the court.
(D) A probation counselor who has successfully completed Class I or II law enforcement officer training and received a certificate from the Department of Public Safety pursuant to the provisions of Article 9, Chapter 6 of Title 23 has the authority, when commissioned by the department, in the execution of his duties, to take a child under the jurisdiction of the family court into custody pursuant to an order issued by the court directing that the child be taken into custody.
(E) In the performance of the duties of probation, parole, community supervision, and investigation, the probation counselor is regarded as the official representative of the court, the department, and the Juvenile Parole Board."
SECTION 3. Section 23-3-120 of the 1976 Code, as added by Act 7 of 1995, is amended to read:
"Section 23-3-120. (A) All law enforcement agencies and court officials shall must report all criminal data and related information within their respective jurisdictions to the system State Law Enforcement Division's Central Record Repository all criminal data within their respective jurisdictions and such information related thereto at such times and in such form as the State Law Enforcement Division may require requires. This information must include criminal data and related information on regarding juveniles charged with offenses within their respective jurisdictions pursuant to Section 20-7-8510.
(B) A person subjected to a lawful custodial arrest for a state offense must be fingerprinted. Fingerprints taken by a law enforcement agency or detention facility pursuant to this section must be submitted to the State Law Enforcement Division's Central Record Repository within three days, excluding weekends and holidays, for the purposes of identifying record subjects and establishing criminal history record information.
(C) The Department of Corrections and the Department of Probation, Parole and Pardon Services must submit the fingerprints of persons taken into custody to the State Law Enforcement Division's Central Record Repository within three days after incarceration or intake, excluding weekends and holidays. Information concerning the probation segment of a criminal history record is not required if that information is established in the record."
SECTION 4. Section 23-3-620 of the 1976 Code, as added by Act 497 of 1995, is amended to read:
"(A) Following sentencing and at the time of intake at a jail or prison, a sample from which DNA may be obtained for inclusion in the State DNA Database must be provided by:
(1) a person convicted or adjudicated delinquent on or after June 30, 1995 July 1, 2000, for:
(a) criminal sexual conduct in the first degree as defined in Section 16-3-652; a violent crime (Section 16-1-60), excluding drug trafficking (Sections 44-53-370(e) and 44-53-375(C)); arson in the first degree (Section 16-11-110(A)); and arson in the second degree (Section 16-11-110(B)); or
(b) criminal sexual conduct in the second degree as defined in Section 16-3-653; involuntary manslaughter (Section 16-3-60); the common law offense of assault and battery of a high and aggravated nature; criminal sexual conduct in the third degree (Section 16-3-654); assault with intent to commit criminal sexual conduct, third degree (Section 16-3-656); burglary, third degree (Section 16-11-313); spousal sexual battery (Section 16-3-615); spousal sexual battery (Section 16-3-658); criminal domestic violence of a high and aggravated nature (Section 16-25-65); eavesdropping or peeping (Section 16-17-470); stalking (Section 16-3-1700); aggravated stalking (Section 16-3-1700); committing or attempting lewd act upon child under sixteen (Section 16-15-140); first degree sexual exploitation of a minor (Section 16-15-395); or sexual intercourse with patient or trainee (Section 44-23-1150); and
(c) criminal sexual conduct with a minor in the first or second degree as defined in Section 16-3-655;
(d) assault with intent to commit criminal sexual conduct as defined in Section 16-3-656;
(2) a any criminal offender convicted or adjudicated delinquent on or after July 1, 2000, who is ordered by the court to provide a sample.
(B) A person convicted offender who is required to provide a DNA sample under subsections (A)(1) or (A)(2) but who is not sentenced to a term of confinement shall must provide a sample as a condition of their his sentence. This sample to shall be taken at a prison, or jail, or other location as specified by the sentencing court.
(B)(C) At such time as possible and before parole or release from confinement, a suitable sample from which DNA may be obtained for inclusion in the State DNA Database must be provided by:
(1) a person who is was convicted or adjudicated delinquent before July 1, 1995 2000, and who was sentenced to and is serving a term of confinement on or after July 1, 1995 2000, for:
(a) criminal sexual conduct in the first degree as defined in Section 16-3-652; a violent crime (Section 16-1-60), excluding drug trafficking (Sections 44-53-370(e) and 44-53-375(C)); arson in the first degree (Section 16-11-110(A)); and arson in the second degree (Section 16-11-110(B)); or
(b) criminal sexual conduct in the second degree as defined in Section 16-3-653; involuntary manslaughter (Section 16-3-60); the common law offense of assault and battery of a high and aggravated nature; criminal sexual conduct in the third degree (Section 16-3-654); assault with intent to commit criminal sexual conduct, third degree (Section 16-3-656); burglary, third degree (Section 16-11-313); spousal sexual battery (Section 16-3-615); spousal sexual battery (Section 16-3-658); criminal domestic violence of a high and aggravated nature (Section 16-25-65); eavesdropping or peeping (Section 16-17-470); stalking (Section 16-3-1700); aggravated stalking (Section 16-3-1700); committing or attempting lewd act upon child under sixteen (Section 16-15-140); first degree sexual exploitation of a minor (Section 16-15-395); or sexual intercourse with patient or trainee (Section 44-23-1150); and
(c) criminal sexual conduct with a minor in the first or second degree as defined in Section 16-3-655;
(d) assault with intent to commit criminal sexual conduct as defined in Section 16-3-656;
(2) a violent any criminal offender ordered by the court to provide a sample who was convicted or adjudicated delinquent before July 1, 2000, and who was sentenced to and is serving a term of confinement on or after July 1, 2000.
(D) An agency having custody of an offender who is required to provide a DNA sample under subsections (C)(1) or (C)(2) shall must notify SLED at least seventy-two hours three days, excluding weekends and holidays, before the individual is paroled or released from confinement.
(C)(E) At such time as possible and before release from confinement or release from the agency's jurisdiction, a suitable sample from which DNA may be obtained for inclusion in the State DNA Database must be provided as a condition of probation or parole by:
(1) A person sentenced to probation or currently paroled and remaining under supervision of the State or its political subdivisions shall provide a sample as a condition of their probation or parole convicted or adjudicated delinquent before July 1, 2000, who is serving a probated sentence or is paroled on or after July 1, 2000, for:
(a) a violent crime (Section 16-1-60), excluding drug trafficking (Sections 44-53-370(e) and 44-53-375(C)); arson in the first degree (Section 16-11-110(A)); and arson in the second degree (Section 16-11-110(B)); or
(b) involuntary manslaughter (Section 16-3-60); the common law offense of assault and battery of a high and aggravated nature; criminal sexual conduct in the third degree (Section 16-3-654); assault with intent to commit criminal sexual conduct, third degree (Section 16-3-656); burglary, third degree (Section 16-11-313); spousal sexual battery (Section 16-3-615); spousal sexual battery (Section 16-3-658); criminal domestic violence of a high and aggravated nature (Section 16-25-65); eavesdropping or peeping (Section 16-17-470); stalking (Section 16-3-1700); aggravated stalking (Section 16-3-1700); committing or attempting lewd act upon child under sixteen (Section 16-15-140); first degree sexual exploitation of a minor (Section 16-15-395); sexual intercourse with patient or trainee (Section 44-23-1150); and
(2) any criminal offender ordered by the court who was convicted or adjudicated delinquent before July 1, 2000, and who is serving a probated sentence or is paroled on or after July 1, 2000.
(D)(F) A person providing who provides a sample pursuant to this article also shall must provide such other information as may be required by SLED.
(E)(G) A person required to provide a sample pursuant to this section may be required to provide another sample if the original sample is lost, damaged, contaminated, or unusable for examination.
(F)(H) The provisions of this section apply to juveniles notwithstanding the provisions of Section 20-7-8510."
SECTION 5. Section 23-3-700 of the 1976 Code, as added by Act 497 of 1995, is amended to read:
"Section 23-3-700. Implementation of this article and the requirements under this article are contingent upon annual appropriations of sufficient funding and upon promulgation of regulations. However, the State Law Enforcement Division shall begin collecting DNA samples for analysis for crimes outlined in this article no later than July 30, 2000."
SECTION 6. Section 23-6-420(A) and (B) of the 1976 Code, as last amended by Act 505 of 1994, is further amended to read:
"(A) There is created a South Carolina Law Enforcement Training Advisory Council consisting of fourteen fifteen members:
(1) the Attorney General of South Carolina;
(2) the Chief of the South Carolina Law Enforcement Division;
(3) the Director of the Department of Public Safety;
(4) the Director of the Department of Natural Resources;
(5) the Director of the Department of Corrections;
(6) the Director of the Department of Probation, Parole and Pardon Services;
(6)(7) the Dean or Chairman of the University of South Carolina School or College of Criminal Justice;
(7)(8) the special agent in charge of the Federal Bureau of Investigation, Columbia Division;
(8)(9) one chief of police from a municipality having a population of less than ten thousand; this person to be appointed by the Governor for a term of four years;
(9)(10) one chief of police from a municipality having a population of more than ten thousand; this person to be appointed by the Governor for a term of four years;
(10)(11) one county sheriff engaged in full-time performance of duties as a law enforcement officer and from a county having a population of less than fifty thousand; this person to be appointed by the Governor for a term of four years;
(11)(12) one county sheriff engaged in full-time performance of duties as a law enforcement officer and from a county having a population of more than fifty thousand; this person to be appointed by the Governor for a term of four years;
(12)(13) one detention director who is responsible for the operation and management of a county or multi-jurisdictional jail; this person to be appointed by the Governor for a term of four years;
(13)(14) one person employed in the administration of any municipality or holding a municipal elective office; this person to be appointed by the Governor for a term of four years; and
(14)(15) one person employed in the administration of county government or elected to a county governing body; this person to be appointed by the Governor for a term of four years.
(B)(1) The members provided for in (1) through (7) (8) above are ex officio members with full voting rights.
(2) The members provided for in (8) (9) through (14) (15) above shall serve terms as herein provided in subsection (A). In the event that If a vacancy arises it must be filled for the remainder of the term in the manner of the original appointment or designation."
SECTION 7. Section 24-21-280 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:
"Section 24-21-280. (A) A probation agent must investigate all cases referred to him for investigation by the judges or director and report in writing. He must furnish to each person released on probation, parole, or community supervision under his supervision a written statement of the conditions of probation, parole, or community supervision and must instruct him regarding them. He must keep informed concerning the conduct and condition of each person on probation, parole, or community supervision under his supervision by visiting, requiring reports, and in other ways, and must report in writing as often as the court or director may require. He must use practicable and suitable methods to aid and encourage persons on probation, parole, or community supervision to bring about improvement in their conduct and condition. A probation agent must keep detailed records of his work, make reports in writing, and perform other duties as the director may require.
(B) A probation agent must have has, in the execution of his duties, the power to issue an arrest warrant or a citation charging a violation of conditions of supervision, the powers of arrest, and, to the extent necessary, the same right to execute process given by law to sheriffs. A probation agent has the power and authority to enforce the criminal laws of the State. In the performance of his duties of probation, parole, community supervision, and investigation, he is regarded as the official representative of the court, the department, and the board."
SECTION 8. Sections 3, 4, and 5 of this act take effect July 1, 2000. Sections 1, 2, 6, and 7 take effect upon approval by the Governor. /
Amend title to conform.
/s/Glenn F. McConnell /s/John Graham Altman /s/Glenn G. Reese /s/James Gladney McGee III Robert Ford /s/Fletcher Nathaniel Smith, Jr. On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. HARRELL made a statement relative to the Conference Committee on H. 4775, the General Appropriation Bill.
Rep. HARRELL moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:
H. 3649 (Word version) -- Rep. Tripp: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "NEW JOB" FOR PURPOSES OF CLAIMING THE JOB TAX CREDIT, SO AS TO INCLUDE A JOB REINSTATED AFTER THE EMPLOYER HAS REBUILT A FACILITY DUE TO INVOLUNTARY CONVERSION, BY EMINENT DOMAIN OR CONDEMNATION, OF A PRIOR EXISTING FACILITY; AND TO AMEND SECTIONS 12-10-30, AS AMENDED, AND 12-10-35, BOTH RELATING TO QUALIFICATION OF A BUSINESS PURSUANT TO THE ENTERPRISE ZONE ACT OF 1995, SO AS TO CONFORM CRITERIA TO INCLUDE THE DEFINITION OF "NEW JOB" AS A JOB CREATED OR REINSTATED PURSUANT TO SECTION 12-6-3360.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Bailey Bales Barfield Barrett Battle Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Campsen Carnell Cato Chellis Clyburn Cooper Cotty Dantzler Delleney Edge Emory Fleming Gourdine Govan Harrell Harrison Harvin Hawkins Hines, J. Hines, M. Hinson Hosey Huggins Inabinett Jennings Kelley Kennedy Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Lourie Lucas Maddox Martin McCraw McGee McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.M. Neilson Ott Parks Perry Quinn Rhoad Riser Rodgers Rutherford Sandifer Scott Seithel Simrill Smith, D. Smith, D.C. Smith, F. Smith, J. Smith, R. Taylor Townsend Tripp Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Gamble Kirsh Sheheen Stuart Trotter
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER appointed Reps. HARRELL, QUINN and KELLEY to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
I voted against granting free conference powers on H. 3649 because of the language extending the debt liability of the State. Last year the legislature passed a billion-dollar bond bill, which I supported. At that time the Republican House leadership was highly critical of those of us who supported this assistance to our State's schools, in spite of the fact that 3/4 of the money was for our K-12 public schools. The effect of last year's bond bill actually shifted what would have been a local property tax burden to the State. I find it quite ironical that the same legislators who opposed building public schools last year, and called that move irresponsible, now have reversed their positions and decided that additional debt is ok.
I certainly approve of the language that would take the sales tax off of food, the increase in the LIFE scholarship from $2,000 to $3,000, as well as the 28-year retirement change. I have several prior recorded votes that verify that support. At the time of the vote on H. 3649, the House membership had not been given a printed copy of the "new" version of H. 3649. There are possibly other sections of this bill that I might agree with. Likewise there may be additional sections with which I would not agree. However, I will not vote to further extend the debt liability of the State.
Rep. Margaret J. Gamble
I voted against granting free conference powers on H. 3649 because of the language extending the debt liability of the State. Last year the legislature passed a billion-dollar bond bill, which I supported. I supported this assistance to our State's schools. The effect of last year's bond bill actually shifted what would have been a local property tax burden to the State.
I certainly approve of the language that would take the sales tax off of food, as well as the increase in the LIFE scholarship from $2,000 to $3,000. I have prior recorded votes that verify that support. However, I will not vote to further extend the debt liability of the State. That puts this State periously close to the maximum capacity of our debt limit. If a major catastrophe, such as Hurricane Hugo comes, we would be ill-prepared to meet the financial challenges.
Rep. Elsie Rast Stuart
Rep. HARRELL moved that the Committee of Conference on the following Joint Resolution be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:
H. 4776 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1999-00.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Bailey Bales Barfield Barrett Battle Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Campsen Carnell Cato Chellis Clyburn Cooper Cotty Dantzler Delleney Easterday Edge Emory Fleming Gamble Gourdine Govan Harrell Harrison Harvin Hawkins Hayes Hines, J. Hines, M. Hinson Hosey Huggins Inabinett Jennings Kelley Kennedy Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox Martin McCraw McGee McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Neal, J.H. Neal, J.M. Neilson Ott Parks Phillips Quinn Rhoad Riser Robinson Rodgers Sandifer Scott Seithel Sheheen Simrill Smith, D. Smith, D.C. Smith, F. Smith, J. Smith, R. Stuart Taylor Townsend Tripp Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Kirsh Trotter
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER appointed Reps. HARRELL, KELLEY and QUINN to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
Rep. FLEMING moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:
H. 3358 (Word version) -- Reps. Fleming, Lucas, Taylor, Wilder, Klauber, Harris and Hayes: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTNERSHIPS, CORPORATIONS, AND ASSOCIATIONS, BY ADDING CHAPTER 36 SO AS TO INCLUDE NONPROFIT CORPORATIONS FINANCED BY BOTH FEDERAL AND STATE LOANS, NOT ONLY BY FEDERAL LOANS, AND TO PROVIDE FOR INCORPORATION, MEMBERSHIP, SALE, CONSOLIDATION, MERGER, AND DISSOLUTION OF CORPORATIONS NOT-FOR-PROFIT; TO AMEND SECTIONS 33-20-103, AS AMENDED, AND 33-31-1708, RELATING TO EXEMPTION OF CERTAIN NONPROFIT CORPORATIONS FROM THE PROVISIONS OF CHAPTERS 1 THROUGH 20 AND CHAPTER 31 OF TITLE 33, SO AS TO EXEMPT NONPROFIT CORPORATIONS ORGANIZED PURSUANT TO CHAPTER 36; TO REPEAL CHAPTER 35 OF TITLE 33 RELATING TO NONPROFIT CORPORATIONS FINANCED BY FEDERAL LOANS; AND TO AMEND SECTION 6-13-120, RELATING TO DISSOLUTION OF A WATER DISTRICT, SECTION 6-19-10, RELATING TO STATE AUTHORITY TO MAKE GRANTS TO WATER AND SEWER AUTHORITIES OR DISTRICTS, SECTION 12-6-550, RELATING TO CORPORATIONS EXEMPT FROM STATE INCOME TAXES, SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES AND USE TAXES, AND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM PROPERTY TAX, ALL SO AS TO CHANGE CROSS-REFERENCES TO REFLECT REPEAL OF CHAPTER 35 AND ADDITION OF CHAPTER 36.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Bailey Bales Barfield Barrett Battle Bowers Brown, G. Brown, H. Brown, J. Campsen Carnell Cato Chellis Clyburn Cooper Cotty Easterday Edge Fleming Frye Gamble Gourdine Govan Hamilton Harrison Harvin Hawkins Hayes Hines, J. Hines, M. Hinson Hosey Huggins Inabinett Jennings Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Maddox Martin McCraw McGee McLeod, M. McLeod, W. Meacham-Richardson Miller Neal, J.H. Neilson Ott Parks Perry Phillips Quinn Rice Riser Robinson Rodgers Rutherford Sandifer Seithel Simrill Smith, D.C. Smith, J. Smith, R. Stuart Taylor Townsend Trotter Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER appointed Reps. FLEMING, COBB-HUNTER and HARRELL to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3358 (Word version) -- Reps. Fleming, Lucas, Taylor, Wilder, Klauber, Harris and Hayes: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTNERSHIPS, CORPORATIONS, AND ASSOCIATIONS, BY ADDING CHAPTER 36 SO AS TO INCLUDE NONPROFIT CORPORATIONS FINANCED BY BOTH FEDERAL AND STATE LOANS, NOT ONLY BY FEDERAL LOANS, AND TO PROVIDE FOR INCORPORATION, MEMBERSHIP, SALE, CONSOLIDATION, MERGER, AND DISSOLUTION OF CORPORATIONS NOT-FOR-PROFIT; TO AMEND SECTIONS 33-20-103, AS AMENDED, AND 33-31-1708, RELATING TO EXEMPTION OF CERTAIN NONPROFIT CORPORATIONS FROM THE PROVISIONS OF CHAPTERS 1 THROUGH 20 AND CHAPTER 31 OF TITLE 33, SO AS TO EXEMPT NONPROFIT CORPORATIONS ORGANIZED PURSUANT TO CHAPTER 36; TO REPEAL CHAPTER 35 OF TITLE 33 RELATING TO NONPROFIT CORPORATIONS FINANCED BY FEDERAL LOANS; AND TO AMEND SECTION 6-13-120, RELATING TO DISSOLUTION OF A WATER DISTRICT, SECTION 6-19-10, RELATING TO STATE AUTHORITY TO MAKE GRANTS TO WATER AND SEWER AUTHORITIES OR DISTRICTS, SECTION 12-6-550, RELATING TO CORPORATIONS EXEMPT FROM STATE INCOME TAXES, SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES AND USE TAXES, AND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM PROPERTY TAX, ALL SO AS TO CHANGE CROSS-REFERENCES TO REFLECT REPEAL OF CHAPTER 35 AND ADDITION OF CHAPTER 36.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. (A)(1) This act must be construed liberally. The enumeration of any object, purposes, power, manner, method, or thing does not exclude like or similar objects, purposes, powers, manners, methods, or things.
(2) The provisions of this chapter may not be repealed by implication. If they conflict with other provisions of the 1976 Code, the provisions of this chapter prevail.
(3) The powers and authorities conferred by this chapter may be added to and supplemented by any other general law.
(B) The General Assembly finds that corporations not-for-profit established pursuant to this chapter have been authorized to provide the local governmental functions of water service or sewage treatment or a combination of both, fire protection service, ambulance service, and medical clinic facilities. Corporations not-for-profit exist for a public purpose, and the General Assembly declares that corporations not-for-profit must be treated like special purpose districts for purposes of Chapter 78 of Title 15, Chapter 56 of Title 12, and Sections 56-3-780 and 58-31-30(23) of the 1976 Code. Corporations not-for-profit may participate, under the same conditions as afforded special purpose districts, in the State Retirement System, the State Health Insurance System, state purchasing programs, and Sections 1-11-140 and 1-11-141 of the 1976 Code.
SECTION 2. Title 33 of the 1976 Code is amended by adding:
Section 33-36-10. As used in this chapter 'corporation not-for-profit' means a corporation which, upon its original organization, is financed in whole or in part by a loan made under the provisions of the Consolidated Farmers Home Administration Act of 1961, as amended by the Food and Agriculture Act of 1962, and acts amending it, and by the State Revolving Fund for Water or Sewer.
Section 33-36-20. A corporation incorporated pursuant to this chapter may not own or issue shares of stock representing ownership interests in the corporation itself. A corporation incorporated pursuant to this chapter may pay compensation in a reasonable amount to its members, board members, and officers for services rendered, and may confer benefits upon its members in conformity with its purposes. Upon dissolution or final liquidation of the corporation incorporated pursuant to this chapter, the residual assets must be disposed of in the manner required for organizations exempt from federal income tax as described in Section 501(c)(12) of the Internal Revenue Code of 1986.
Section 33-36-210. (A) Corporations not-for-profit may be organized pursuant to this chapter by any three or more persons who make, subscribe, acknowledge, and file articles of incorporation with the Secretary of State, and obtain approval from the Secretary of State when the articles of incorporation comply with this chapter.
The written articles of incorporation must contain:
(1) the name of the proposed corporation, which must include the word 'Incorporated' or 'Inc.'. The name may not be the same as, or deceptively similar to, the name of another domestic corporation, or a foreign corporation authorized to do business in this State.
(2) the purpose for which the corporation is organized;
(3) the qualification of members and the manner of their admission;
(4) the term for which the corporation is to exist, which may be perpetual;
(5) by what officers the affairs of the corporation are to be managed, and the times at which they are to be elected or appointed;
(6) the names of the officers who are to serve until the first election or appointment pursuant to the articles of incorporation;
(7) the number of persons constituting the first governing board, which may not be less than three, and the names and addresses of the persons who are to serve as board members, managers, or officers until the first election;
(8) by whom the bylaws of the corporation are to be made, altered, or rescinded;
(9) by whom and in what manner amendments to the articles of incorporation may be proposed and adopted;
(10) the name and address of the corporation's registered agent for service of process;
(11) any provision which the incorporators choose to insert for the conduct of the affairs of the corporation and any provision creating, dividing, limiting, and regulating the powers of the corporation, the board members, managers, or officers not in conflict with this chapter, except that the articles of incorporation do not need to enumerate the powers in Sections 33-36-260 and 33-36-270; and
(12) the signatures of not less than three natural persons competent to contract and an acknowledgment by all of the subscribers before an officer authorized to take acknowledgments.
(B) The original articles of incorporation must be filed with the Secretary of State for approval by any method approved by the Secretary of State. A duplicate copy, signed and acknowledged, also may be filed.
Section 33-36-220. When the articles of incorporation conforming to Section 33-36-210 have been filed with the Secretary of State and the specified filing fee has been paid, the subscribers and their associates and successors constitute a corporation. A duplicate received with the original must be endorsed, certified, and returned to the person from whom it was received upon payment of the fee required for certified copies.
Section 33-36-230. Upon filing articles of incorporation or amendments, or other paper relating to the incorporation, merger, consolidation, or dissolution of a corporation not-for-profit with the Secretary of State, the following fees must be paid:
(1) a filing fee of ten dollars for the filing and approval of articles of incorporation;
(2) a fee of one dollar for the first page, fifty cents for each additional page, and two dollars for authentication for furnishing certified copies of articles of incorporation or other documents concerning a corporation not-for-profit;
(3) a fee of five dollars in each case for filing papers relating to dissolution or amendment of articles of incorporation.
Section 33-36-240. A corporation incorporated pursuant to this chapter may amend its charter as provided in its bylaws. The articles of incorporation may be amended and the amendment incorporated into the articles only if the amendment has been filed with the Secretary of State and all filing fees have been paid.
Section 33-36-250. The Secretary of State shall conform articles of incorporation supplied by his office for 'corporations not-for-profit' to the provisions of Sections 33-36-10 and 33-36-20. In addition, any other forms supplied by the Secretary of State which may be required of a corporation not-for-profit must be conformed to the provisions of this chapter.
Section 33-36-260. A corporation not-for-profit organized pursuant to this chapter, unless otherwise provided in its articles of incorporation or by law, has the power to:
(1) have succession by its corporate name for the period provided for in its articles of incorporation;
(2) sue and be sued and appear and defend in all actions and proceedings in its corporate name to the same extent as a natural person;
(3) adopt and use and alter a common corporate seal;
(4) elect or appoint officers and agents as its affairs require and allow them reasonable compensation;
(5) adopt, change, amend, and repeal bylaws, not inconsistent with law or its articles of incorporation, for the administration of the affairs of the corporation and the exercise of its corporate powers;
(6) increase, by vote of its members cast as the bylaws direct, the numbers of its board members, managers, or officers so that the number is not less than three;
(7) make contracts and incur liabilities, borrow money at the rates of interest the corporation determines, issue its notes, bonds, and other obligations, secure its obligations by mortgage, and pledge all or any of its property, franchises, or income;
(8) conduct its affairs, carry on its operations, and have offices and exercise the powers granted by this chapter in any state, territory, district, or possession of the United States or any foreign country;
(9) purchase, take, receive, lease, take by gift, devise or bequest, or otherwise acquire, own, hold, improve, use, or otherwise deal in and with real or personal property, or any interest in it, wherever situated.
(10) acquire, enjoy, utilize, and dispose of patents, copyrights, and trademarks and licenses and other rights or interests in them;
(11) sell, convey, mortgage, pledge, lease, exchange, transfer, or otherwise dispose of all or part of its property and assets;
(12) purchase, take, receive, subscribe for, or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge, or otherwise dispose of and otherwise use and deal in and with shares and other interests in, or obligations of, other domestic or foreign corporations, whether for profit or not for profit, associations, partnerships, or individuals, or direct or indirect obligations of the United States, or other government, state, territory, governmental district, municipality, or an instrumentality of them;
(13) lend money for its corporate purposes, invest and reinvest its funds, and take and hold real and personal property as security for the payment of funds loaned or invested;
(14) make donations for the public welfare or for religious, charitable, scientific, educational, or other similar purposes;
(15) have and exercise all powers necessary or convenient to effect the purposes for which the corporation is organized.
Section 33-36-270. (A) In addition to the general powers of nonprofit corporations contained within Section 33-36-260, nonprofit corporations created pursuant to this chapter may:
(1) engage in the business of supplying water or sewage disposal, or a combination of water and sewer services, and provide other services and facilities, including but not limited to fire protection services, ambulance services, and medical clinic facilities to individuals, corporations, and political subdivisions within the geographical area specified within the articles of incorporation, including water districts;
(2) exercise, in connection with water or sewage disposal business, the power of eminent domain as prescribed in Section 6-13-50(19);
(3) borrow funds and contract with municipalities, counties, and other political subdivisions for the provision of services and facilities including, but not limited to, fire protection services, ambulance services, and medical clinic facilities in accordance with this chapter and the Rural Development Act of 1972.
(B) Counties, municipalities, and other political subdivisions may contract with nonprofit corporations for those purposes, and water and sewer authorities also may make provision for fire protection. Before providing any of the services authorized in this section, a nonprofit corporation or a group intending to organize a nonprofit corporation must notify the governing body of the county or municipality in which the service is to be provided of its intention and the nature of the service. The governing body shall have a period of ninety days from the date of the notification to approve the request to provide the services or inform the person requesting permission to provide the service that the governing body intends to provide for the service as a public function of government. The notification of intent by the governing body must include a detailed description of the area to be served, the services to be provided, and the time schedule under which the service will be available from the county or municipality. Failure to notify the corporation within ninety days of the governing body's approval or intent to serve is considered approval.
Section 33-36-280. The rates charged for services furnished by a nonprofit corporation created for the purpose of providing water supply or sewage disposal, or a combination of those services, are not subject to supervision or regulation by a state board, commission, or agency or department or division of it.
Section 33-36-290. An irregularity in complying with the provisions of this chapter does not vitiate the incorporation until a direct proceeding to set aside and annul the charter is instituted by the proper authorities of the State. All acts done and contracts entered into have the same force and effect as if no irregularity had existed.
Section 33-36-300. The original bylaws of a corporation not-for-profit must be adopted by its incorporators. After that, bylaws must be adopted, amended, or repealed by the members, except that the corporation's governing body may enact emergency bylaws in the same manner as provided for nonprofit corporations in Section 33-31-207. The governing board also may adopt changes to the bylaws by a two-thirds vote when necessary to conform with state or federal laws governing the operation of the corporation or the services provided by the corporation. This power to amend the bylaws by the board may not be used to conform to permissive powers granted in state or federal legislation or to undertake services not already provided by the corporation.
Section 33-36-410. A person who is not an incorporator may not become a member of a corporation not-for-profit unless the person agrees to use the services furnished by the corporation when the service is available through its facilities. The bylaws of a corporation not-for-profit may provide that a person, including an incorporator, ceases to be a member if he fails or refuses to use the services made available by the corporation. The bylaws may prescribe additional qualifications and limitations in respect to membership.
Section 33-36-420. (A) An annual meeting of the membership of a corporation not-for-profit must be held at times provided in the bylaws. A special meeting of the membership may be called by a majority of its governing board, by not less than ten percent of the membership, or by the principal officer of its governing board.
(B) Meetings must be held at places provided in the bylaws, and in the absence of a provision, the principal office of the corporation is the location of all meetings.
(C) Except as otherwise provided, written or printed notice stating the time and place of each meeting of members and, in the case of a special meeting, the purpose for which the meeting is called, must be given to each member, personally or by mail, not less than ten nor more than twenty-five days before the date of the meeting.
Section 33-36-430. A quorum must be provided in the bylaws, except that the number required by the bylaws may not be less than the number of the governing board who conduct the business of the corporation between meetings of the membership.
Section 33-36-440. Each member is entitled to one vote on each matter submitted to a vote at a membership meeting. Voting must be in person, unless the bylaws provide specifically for voting by proxy and the conditions under which proxy voting may be exercised.
Section 33-36-450. (A) Notwithstanding another provision of this chapter, any proposition embodied in a petition signed by at least ten percent of the members of the corporation, except for dissolution or sale of a substantial portion of the assets of the corporation, must be submitted to the members of the corporation. The submission to the membership must occur at a special meeting of the membership held within forty-five days after the presentation of the petition unless the next annual meeting of members falls within ninety days after the presentation or unless the petition requests the issue be raised at the annual meeting.
(B) The approval of the board is not required for a proposition signed by ten percent of the membership, except for dissolution or the vote to sell a substantial portion of the assets of the corporation, to be submitted to the membership for vote and adopted at a regular or special meeting.
(C) The board must exercise its best efforts to carry out the directives of the membership which are adopted pursuant to a ten percent or greater membership petition, and failure by a board member to exercise his best efforts to carry out the directive is just cause for removal from the board.
Section 33-36-460. The private property of the members of a corporation not-for-profit is exempt from execution for the debts of the corporation, and a member is not liable or responsible for debts of the corporation.
Section 33-36-610. (A) The business and affairs of the corporation must be managed by a board of not less than three persons, each of whom must be a member of the corporation or an agent of a corporation which is a member. If a husband and wife hold a joint membership in a corporation not-for-profit one, but not both, may be elected to the board.
(B) The board may exercise all the powers of a corporation not-for-profit except those powers conferred upon the members by this chapter, its articles of incorporation, or bylaws.
(C) The bylaws must prescribe the number of board members, their qualifications other than those provided for in this chapter, the manner of holding meetings of the board, and the filling of vacancies on the board. The bylaws also may provide for the removal of a board member from office and for the election of his successors.
Section 33-36-620. A majority of the board constitutes a quorum, unless otherwise specified in the bylaws.
Section 33-36-630. Unless limited by its articles of incorporation, a corporation not-for-profit must indemnify against reasonable expenses incurred by a board member who is successful on the merits or otherwise in the defense of a proceeding to which he is a party because of his board membership.
Section 33-36-640. General standards for board members are the same as those required of directors of nonprofit corporations under Section 33-31-830.
Section 33-36-650. The bylaws may provide for the division of the service area of the corporation into two or more districts for designating seats on its governing board. The bylaws also may provide that a district have two or more seats on its governing board. One or more members may be elected from each district to fill the seats designated for the district. The entire membership must vote on election of board members even though only members from certain geographic districts are qualified candidates for district board seats. The bylaws may provide, further, that board elections be staggered so that no less than one-third or more than one-half of all board members' terms expire each year.
Section 33-36-660. All board members of corporations not-for-profit are immune from suits arising from the conduct of the affairs of the corporation, unless conduct amounts to wilful, wanton, or gross negligence. Nothing in this article grants immunity to a corporation not-for-profit.
Section 33-36-670. A corporation not-for-profit has the officers described in its bylaws, and they are chosen by the board in accordance with the bylaws. A duly appointed officer may have one or more assistant officers if authorized by the bylaws. The bylaws of the corporation must delegate to one officer the customary responsibilities of an officer commonly known as 'president', to one officer the customary responsibilities of an officer known as 'secretary', and one officer the customary responsibilities of an officer commonly known as 'treasurer'. The responsibilities of secretary and treasurer may be held by the same person. An officer may be removed from office and his successor selected in the manner prescribed by the bylaws.
Section 33-36-810. (A) A corporation not-for-profit may sell its assets. A 'sale' means a sale, lease, exchange, donation, or other disposition of assets, except a mortgage of or other security interest in the assets.
(B) A sale of all or substantially all the property and assets, with or without the goodwill of a corporation not-for-profit, may be made upon terms and conditions and for consideration, which may consist in whole or in part of money or property, real or personal, including shares of any other corporation, domestic or foreign, as are authorized, in the following manner:
(1) Two-thirds of the board must adopt a resolution recommending the sale and directing the submission of it to a vote at a special or annual meeting of members.
(2) Written or printed notice must be given to each member of record entitled to vote at the meeting, within the time and in the manner provided for the giving of notice of meetings of members, and must state that the purpose of the meeting is to consider the proposed sale.
(3) At the meeting the members may authorize the sale by an affirmative vote of at least two-thirds of all the members, and may fix, or authorize the board to fix, the terms and conditions of the sale and the consideration to be received by the corporation.
Section 33-36-820. Two or more corporations not-for-profit, each of which is designated a 'consolidating corporation', may consolidate into a new corporation not-for-profit, designated the 'new corporation', by complying with the following requirements:
(1) The proposition for consolidating into a new corporation and proposed articles of consolidation must be approved first by the board of each consolidating corporation. The proposed articles of consolidation must recite in the caption that they are executed pursuant to this chapter and must state:
(a) the name of each consolidating corporation, the address of its principal office, and the date of the filing of its articles of incorporation with the Secretary of State;
(b) the name of the new corporation and the address of its principal office;
(c) the names and addresses of the persons who constitute the first board of the new corporation;
(d) the terms and conditions of the consolidation and the mode of effecting it, including the manner and basis of converting memberships in each consolidating corporation into memberships in the new corporation and the issuance of certificates of membership for the converted memberships; and
(e) any provisions not inconsistent with this chapter considered necessary or advisable for the conduct of the business and affairs of the new corporation.
(2) Upon approval by the board of each consolidating corporation, the proposition for consolidating and the proposed articles of consolidation must be submitted to a vote of the members of each consolidating corporation at an annual or special meeting, the notice of which must explain fully the proposed consolidation. The proposed consolidation and the proposed articles of consolidation are approved upon the affirmative vote of not less than two-thirds of those members of each consolidating corporation voting at the meeting.
(3)(a) Upon approval by the members of the respective consolidating corporations, articles of consolidation in the approved form must be executed and acknowledged on behalf of each consolidating corporation by the officers specified in their bylaws, and attested under seal by the officer specified in their bylaws.
(b) The chief officer of each consolidating corporation, by whatever name designated in the bylaws, must execute the articles of consolidation and make and attach to them an affidavit stating that the provisions of this section were duly complied with by the corporation not-for-profit.
(c) The articles of consolidation and affidavits must be submitted to the Secretary of State for filing as provided in this chapter.
Section 33-36-830. Any one or more corporations not-for-profit, each of which is designated a 'merging corporation', may merge into another corporation not-for-profit, designated the 'surviving corporation', by complying with the following requirements:
(1) The proposition for merging into a surviving corporation and proposed articles of merger must be approved first by the board of each merging corporation and by the board of the surviving corporation. The proposed articles of merger must recite in the caption that they are executed pursuant to this chapter and must state:
(a) the name of each merging corporation, the address of its principal office, and the date of the filing of its articles of incorporation with the Secretary of State;
(b) the name of the surviving corporation and the address of its principal office;
(c) a statement that each merging corporation elects to be merged into the surviving corporation;
(d) the terms and conditions of the merger and the mode of effecting it, including the manner and basis of converting the memberships in the merging corporation or corporations into memberships in the surviving corporation and the issuance of certificates of membership for the converted memberships; and
(e) any provisions not inconsistent with this chapter considered necessary or advisable for the conduct of the business and affairs of the surviving corporation.
(2) After approval by the boards of the respective parties to the proposed merger, the proposition for merging into a surviving corporation and the proposed articles of merger must be submitted to a vote of the members of each corporation at an annual or special meeting, the notice of which must explain fully the proposed merger. The proposed merger and the proposed articles of merger are approved upon the affirmative vote of not less than two-thirds of those members of each corporation voting at the meeting.
(3)(a) Upon approval by the members of the respective parties to the proposed merger, articles of merger in the approved form must be executed and acknowledged on behalf of each such corporation by its chief officer, by whatever name designated in its bylaws, and attested under seal by the officer specified in its bylaws.
(b) The chief officer of each corporation executing the articles of merger also must make and attach to them an affidavit stating that the provisions of this section were duly complied with by the corporation.
(c) The articles of merger and affidavits must be submitted to the Secretary of State for filing as provided in this chapter.
Section 33-36-840. The effect of consolidation or merger is as follows:
(1) The several parties to the consolidation or merger are a single corporation not-for-profit. In the case of a consolidation, it is the new corporation provided for in the articles of consolidation and, in the case of a merger, it is the surviving corporation. The separate existence of all corporate parties to the consolidation or merger, except the new or surviving corporation, ceases.
(2) The new or surviving corporation has all the rights, privileges, immunities, and powers and is subject to all the duties and liabilities of a corporation not-for-profit organized pursuant to this chapter, and possesses all the rights, privileges, immunities, and franchises of a public or private nature, and all property, real and personal, applications for membership, all debts due on whatever account, and all other choses in action of each of the consolidating or merging corporations. Every interest of, or belonging or due to, each of the consolidating or merging corporations are transferred to and vested in the new or surviving corporation without further act or deed. The title to real estate, or an interest in real estate, vested in a consolidating or merging corporation does not revert or is not impaired by reason of the consolidation or merger.
(3) The new or surviving corporation is responsible and liable for all of the liabilities and obligations of each of the consolidating or merging corporations, and a claim existing or action or proceeding pending by or against any of the corporations may be prosecuted as if the consolidation or merger had not taken place, except that the new or surviving corporation may be substituted in its place.
(4) Neither the rights of creditors nor liens upon the property of consolidating or merging corporations are impaired by consolidation or merger.
(5) In the case of a consolidation, the articles of consolidation are the articles of incorporation of the new corporation, and in the case of a merger, the articles of incorporation of the surviving corporation are considered to be amended to the extent that the changes are provided for in the articles of merger.
Section 33-36-1010. A corporation not-for-profit which has not commenced business may dissolve voluntarily by delivering to the Secretary of State for filing articles of dissolution, executed and acknowledged on behalf of the corporation, and stating:
(1) the name of the corporation;
(2) the address of its principal office;
(3) the date of its incorporation;
(4) that the corporation has not commenced business;
(5) that the amount, if any, actually paid in an amount of membership fees, less any part disbursed for necessary expenses, has been returned to those entitled to it;
(6) that no debt of the corporation remains unpaid; and
(7) that a majority of the incorporators elects that the corporation be dissolved.
Section 33-36-1020. A corporation not-for-profit which has commenced business may dissolve voluntarily and wind up its affairs in the following manner:
(1) Two-thirds of the board shall adopt a resolution recommending dissolution and directing the submission of the question to a vote at an annual or special meeting of members.
(2) Written or printed notice must be given to each member of record entitled to vote at the meeting within the time and in the manner provided for the giving of notice of meetings of members, and must state that the purpose of the meeting is to consider the dissolution.
(3) At the meeting the members may authorize the dissolution and may fix, or authorize the board to fix, its terms and conditions. Each member may vote and the authorization requires the affirmative vote of at least two-thirds of all the members.
Section 33-36-1030. (A) Upon meeting the requirements of Section 33-36-1020, a certificate of election to dissolve must be executed and acknowledged on behalf of the corporation by its chief officer, by whatever name designated by the bylaws, and attested under seal by the officer specified in its bylaws.
(B) The certificate must state:
(1) the name of the corporation;
(2) the address of its principal office;
(3) the names and addresses of its board members; and
(4) the total number of members of the corporation, the number voting for dissolution, and the number voting against dissolution.
(C) The corporate officer executing the certificate of election to dissolve also must make, as an attachment to the certificate, an affidavit stating compliance with the provisions of Section 33-36-1020.
Section 33-36-1040. The certificate of dissolution and affidavit must be submitted to the Secretary of State for filing and the corporation not-for-profit must cease to carry on its business, except as is necessary for the winding up of its business. Its corporate existence continues until articles of dissolution have been filed by the Secretary of State.
Section 33-36-1050. The board has full power to wind up and settle the affairs of the corporation not-for-profit. It shall collect the debts owing to the corporation, sell and dispose of its property and assets, and pay, satisfy, and discharge its debts, obligations, and liabilities. After paying or adequately providing for the payment of all debts, obligations, and liabilities, the board shall dispose of the residual assets in accordance with the requirements of Section 501(c)(12) of the United States Internal Revenue Code of 1986.
Section 33-36-1060. Upon the filing of the certificate of dissolution by the Secretary of State, the board immediately shall cause notice of the winding up proceedings to be mailed to each known creditor and claimant and to be published once a week for two successive weeks in a newspaper of general circulation in the county in which the principal office of the corporation is located.
Section 33-36-1070. (A) When all debts, liabilities, and obligations of the corporation have been paid and all remaining property and assets distributed, the board shall authorize the execution of articles of dissolution, executed and acknowledged on behalf of the corporation by its chief officer, by whatever name designated in its bylaws, and attested under seal by the officer specified in its bylaws.
(B) The articles of dissolution must recite in the caption that they are executed pursuant to this chapter and must state:
(1) the name of the corporation;
(2) the address of the principal office;
(3) that the corporation has delivered to the Secretary of State a certificate of election to dissolve and the date on which the certificate was filed by the Secretary of State in the records of his office;
(4) that all debts, obligations, and liabilities of the corporation have been paid and discharged or that adequate provisions have been made for payment or discharge;
(5) that all residual assets of the corporation have been distributed in accordance with Section 501(c)(12) of the 1986 Internal Revenue Code;
(6) that no actions or suits are pending against the corporation.
(C) The officer executing the articles of dissolution also shall make and attach to them an affidavit stating that the provisions of this article have been duly complied with. The articles of dissolution and affidavit, accompanied by proof of the publication required in Section 33-36-1060, must be submitted to the Secretary of State for filing.
Section 33-36-1210. A domestic corporation organized and governed pursuant to Chapter 35 of Title 33 before the effective date of this chapter is deemed to have been organized pursuant to this chapter as of its effective date and must be governed by the provisions of this chapter."
SECTION 3. Section 33-20-103 of the 1976 Code, as last amended by Act 384 of 1994, is further amended to read:
"Section 33-20-103. Except for corporations organized under or transacting business pursuant to the provisions of Chapter 49 of this title, except for corporations organized under or transacting business pursuant to Chapter 45 of this title or any other provision of law in this title relating to telephone cooperatives, except for corporations not-for-profit organized or operating pursuant to Chapter 36 of this title, and except for those nonprofit corporations which are governed exclusively by the provisions of Chapter 31 of this title, Chapters 1 through 20 of this title apply to every domestic nonprofit corporation and to any other foreign nonprofit corporation which is authorized to or transacts business in this State except as otherwise provided in Chapters 1 through 20 of this title or by the law regulating the organization, qualification, or governance of the nonprofit corporation."
SECTION 4. Section 33-31-1708 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1708. Other sections of this chapter notwithstanding, cooperative nonprofit membership corporations organized under or transacting business pursuant to Chapter 49 of this title, and telephone cooperatives organized under or transacting business pursuant to Chapter 45 or any other provision of law in this title, and corporations not-for-profit organized under and operating pursuant to Chapter 36 of this title are not subject to the provisions of this chapter and no provision of this chapter shall repeal repeals or amend amends any provision of Chapter 49 of this title, or any provision of Chapter 45 of this title or any other provision of law in this title relating to telephone cooperatives, or any provisions of Chapter 36 of this title."
SECTION 5. Chapter 35 of Title 33 of the 1976 Code is repealed.
SECTION 6. A. Section 6-13-120(A) of the 1976 Code, as added by Act 6 of 1993, is amended to read:
"(A) For purposes of this section, 'assuming service provider' includes, but is not limited to, a county, municipality, special purpose district as defined by Section 6-11-810(d), or corporation not for profit as defined by Section 33-35-10 33-36-10."
B. Section 6-19-10 of the 1976 Code is amended to read:
"Section 6-19-10. The State may make grants in aid in the financing of any public water supply authorities or districts, any sewer authorities or districts, any water and sewer authority, any rural community water or sewer system legally organized in the State, any nonprofit corporation organized pursuant to Sections 33-35-10 to 33-35-170 Chapter 36 of Title 33, any general purpose local government, water or sewer system; or any municipal water or sewer system in any city, town, or village of less than one thousand five hundred population in accordance with the most recent studies conducted by the United States Bureau of the Census."
C. Section 12-6-550(4) of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"(4) nonprofit corporations organized pursuant to Sections 33-35-10 through 33-35-170 Chapter 36 of Title 33 for the purpose of providing water supply and sewerage disposal or a combination of those services;"
D. Section 12-36-2120(12) of the 1976 Code, as last amended by Act 361 of 1992, is amended to read:
"(12) water sold by public utilities, if rates and charges are of the kind determined by the Public Service Commission, or water sold by nonprofit corporations organized pursuant to Sections 33-35-10 to 33-35-170 Chapter 36 to Title 33;"
E. Section 12-37-220(B)(4) of the 1976 Code is amended to read:
"(4) All property of any kind of a nonprofit corporation created for the purpose of providing water supply or sewage disposal, or a combination of such services, organized pursuant to Sections 33-35-10 and 33-35-170 Chapter 36 of Title 33."
SECTION 7. Any charter of a corporation not-for-profit filed with the Secretary of State before the effective date of this act is not repealed or nullified by this act. If any article, sector, or paragraph of an existing charter is inconsistent with a provision of this act, the article, sector, or paragraph is automatically modified to the extent necessary to conform with this act.
SECTION 8. If a company subject to the provisions of Sections 1-7 of this act fails to have a registered agent for service of process on the effective date of this act, the Secretary of State must notify the corporation not-for-profit, which has sixty days to appoint for the record an agent or be subject to a fine of five hundred dollars.
SECTION 9. Article 1, Chapter 11, Title 6 of the 1976 Code is amended by adding:
"Section 6-11-330. (A) A special purpose district that was empowered as of March 7, 1973, to provide fire protection services to the area within its boundaries may provide emergency medical services to the area within its boundaries if it has received permission, by written resolution, from the governing body of the county or counties in which the district is located, provided that these emergency medical services may not be provided to those parts of the district's area where emergency medical services are being provided by a governmental entity at the time the district's governing body determines to utilize the provisions of this section. The district may build, acquire, construct, operate, and maintain such facilities, contract for the use of these facilities, acquire or lease such equipment, and hire, train, and employ the personnel as are in the opinion of the governing body of the special purpose district necessary to or helpful in the provision of emergency medical services by the district. The district may impose such schedule of rates and charges for the provision of emergency medical services as the governing body of the district shall from time-to-time approve. The governing body of the district may place into effect and revise, whenever it wishes or is required, a schedule of rates for the emergency medical services made available by it.
(B) All other powers of a special purpose district shall continue and are not considered to be changed by the provisions of this section."
SECTION 10. Item (c) of the first paragraph of Section 6-25-70 of the 1976 Code is amended to read:
"(c) Approval of such the application by resolution of the governing body of each member of such the joint system; except in the case of a joint system organized for the purpose of creating a financing pool, in which case the application must be approved by resolution of the commission."
SECTION 11. Section 33-56-90 (A), as last amended by an unnumbered act of 2000 bearing Ratification No. 366, is further amended to read:
"(A) Upon oral or written request of the solicited party At the initial time of solicitation, a professional solicitor must disclose its status as a 'professional' or 'paid' solicitor. The professional solicitor also must disclose the registered true name of the professional fundraising organization for which it works and the registered true name, location, and purpose of the charitable organizations for which it is soliciting. Upon oral or written request of the solicited party, a professional solicitor also must disclose the percentage of gross receipts with which the professional solicitor is compensated including the amount the professional solicitor must be reimbursed as payment for fundraising costs. The professional solicitor also must disclose the guaranteed minimum percentage of gross receipts to be remitted or retained by the charitable organization excluding the amount which the charitable organization must pay for fundraising costs."
SECTION 12. This act takes effect upon approval by the Governor. /
Amend title to conform.
John R. Russell Ronald N. Fleming Darrell Jackson Gilda Cobb-Hunter Luke A. Rankin Robert W. Harrell, Jr. On Part of the Senate. On Part of the House.The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. TOWNSEND moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:
H. 4277 (Word version) -- Reps. Harvin, Stuart, Bales, Meacham-Richardson, Knotts, Seithel, Whipper, Ott and W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-667 SO AS TO DESIGNATE "THE RICHARDSON WALTZ" AS THE OFFICIAL STATE WALTZ.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Bailey Bales Battle Bowers Breeland Brown, G. Brown, H. Brown, J. Campsen Carnell Cato Chellis Clyburn Cooper Cotty Dantzler Easterday Edge Emory Fleming Frye Gamble Gourdine Hamilton Harris Harrison Harvin Hawkins Hayes Hines, J. Hines, M. Hinson Hosey Huggins Inabinett Jennings Kelley Kennedy Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lourie Lucas Mack Maddox Martin McCraw McGee McLeod, M. McLeod, W. Meacham-Richardson Miller Neal, J.H. Neal, J.M. Neilson Ott Perry Phillips Pinckney Quinn Rhoad Riser Rodgers Rutherford Sandifer Scott Seithel Simrill Smith, D. Smith, J. Smith, R. Stuart Taylor Townsend Trotter Webb Whatley Wilkins Young-Brickell
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER appointed Reps. W. MCLEOD, STUART and RODGERS to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 4277 (Word version) -- Reps. Harvin, Stuart, Bales, Seithel, Whipper, Meacham-Richardson, Ott, Knotts and W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-667 SO AS TO DESIGNATE "THE RICHARDSON WALTZ" AS THE OFFICIAL STATE WALTZ.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
SECTION 1. Sections 1 through 4 of this act are known and may be cited as the "Richardson Waltz Act".
SECTION 2. The General Assembly finds that:
(1) the Richardson family, descendants of General Richard Richardson (1704-1780) who came from Virginia as a surveyor to settle in South Carolina, is known for its great love of music and dancing;
(2) many balls were held as social entertainment for family and friends from far and wide, and the melody of a favorite waltz for dancing was one which was "originated" by a family member who played "by ear";
(3) this melody, known as "The Richardson Waltz", still lives today, having been handed down "by ear" from generation to generation but had never been written until 1985, when it was arranged by Mary S. Richardson Briggs;
(4) Mrs. W. M. Richardson of Orangeburg planted the seed for the preservation of "The Richardson Waltz" many years ago, and Mrs. H. B. Richardson of Summerton helped hand it down and preserve it for posterity;
(5) this waltz is a beautiful and soulful melody, is a memento of the musical tradition of the Richardson family, has for many generations played an unofficial but important role in the musical history of South Carolina, and is deserving of designation as the Official State Waltz; and
(6) a bill to designate "The Richardson Waltz" as the official waltz was sponsored by Representatives C. Alexander Harvin, Elsie Rast Stuart, Jimmy C. Bales, Lynn Seithel, Jackson S. "Seth" Whipper, Becky Meacham-Richardson, Harry L. Ott, Jr., John Milton "Jake" Knotts, and Walton J. McLeod.
SECTION 3. Chapter 1, Title 1 of the 1976 Code is amended by adding:
"Section 1-1-667. 'The Richardson Waltz' is designated as the official state waltz."
SECTION 4. The Code Commissioner shall distribute copies of Part I of this act to any interested persons including the members of the Richardson family and the Daughters of the American Revolution.
SECTION 5. Sections 5 through 8 of this Act are known and may be cited as the "Carolina Wolf Spider Act".
SECTION 6. The General Assembly finds that:
(1) the state emblems and symbols adopted by the General Assembly and listed in the South Carolina Legislative Manual are an excellent educational resource for students of this State;
(2) after reading in the Legislative Manual about the existing state symbols and emblems, Skyler B. Hutto, a third grade student at Sheridan Elementary School in Orangeburg, noted that there was no official state spider and suggested that the Carolina Wolf Spider be given that designation;
(3) a bill to designate the Carolina Wolf Spider as the official state spider was sponsored by Senator Brad Hutto;
(4) Skyler Hutto has worked diligently to pursue this designation for the Carolina Wolf Spider;
(5) his schoolmates and teachers have followed the progress of the legislation with interest; and
(6) through this experience, the students have learned both about spiders and about how a bill becomes a law, which has enhanced the third graders' study of South Carolina history.
SECTION 7. Chapter 1, Title 1 of the 1976 Code is amended by adding:
"Section 1-1-701. The 'Carolina Wolf Spider', Hogna carolinensis, is designated as the official state spider."
SECTION 8. The Code Commissioner shall distribute copies of Part II of this act to any interested persons including Skyler B. Hutto and the students and teachers of the Sheridan Elementary Third Grade Class.
SECTION 9. This act takes effect upon approval by the Governor./
Amend title to read:
/TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 1-1-667 AND 1-1-701 SO AS TO DESIGNATE CERTAIN STATE EMBLEMS OR SYMBOLS./
McKinley Washington, Jr. Elsie Rast Stuart Maggie Wallace Glover Walton J. McLeod C. Bradley Hutto Edith Martin Rodgers On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.
Rep. HARRELL moved that the House recede until 2:30 p.m., which was agreed to.
At 2:30 p.m. the House resumed, Acting Speaker ALLISON in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Rep. F. SMITH a leave of absence for the remainder of the day.
The following was received:
Columbia, S.C., June 22, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 4972:
H. 4972 (Word version) -- Rep. D. Smith: A BILL TO AMEND ACT 856 OF 1964, AS AMENDED, RELATING TO THE WHITNEY AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE AMOUNT OF FUNDS WHICH MAY BE BORROWED BY THE DISTRICT BOARD FROM ONE HUNDRED TO FIVE HUNDRED THOUSAND DOLLARS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received from the Senate:
Columbia, S.C., June 22, 2000
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. 4892:
H. 4892 (Word version) -- Reps. Wilkins, McMahand and F. Smith: A BILL TO AMEND ACT 602 OF 1992, RELATING TO THE MANNER IN WHICH THE ANNUAL BUDGET AND TAX MILLAGE FOR THE SCHOOL DISTRICT OF GREENVILLE COUNTY MUST BE DETERMINED, SO AS TO PROVIDE THAT THE BOARD MAY ALSO RAISE THE SCHOOL MILLAGE AS NECESSARY, BUT AT A RATE NOT TO EXCEED FOUR MILLS IN ANY ONE YEAR, TO MAINTAIN A TEACHER SALARY SCHEDULE EQUAL TO THE SALARY SCHEDULE OF ANY OTHER SCHOOL DISTRICT IN THIS STATE.
Very respectfully,
President
On motion of Rep. CATO, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. EASTERDAY, CATO and TRIPP to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3465 (Word version) -- Reps. Easterday, Wilder, Stuart, Rice, Gilham, Hayes, Simrill, Harrison, Rodgers, Barrett, R. Smith, Vaughn, Loftis, Beck, Robinson, McGee and Sandifer: A BILL TO AMEND SECTION 20-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM AGE FOR A VALID MARRIAGE, SO AS TO PROVIDE THAT THE MINIMUM AGE FOR MALES AND FEMALES SHALL BE THE SAME, AND TO PROVIDE THAT THE AGE SHALL BE SIXTEEN.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 20-1-100 of the 1976 Code, as added by Act 95 of 1997, is amended to read:
"Section 20-1-100. A male under the age of sixteen or a female under the age of fourteen Any person under the age of sixteen is not capable of entering into a valid marriage, and all marriages hereinafter entered into by such persons are void ab initio. A common-law marriage hereinafter entered into by a male under the age of sixteen or a female under the age of fourteen person under the age of sixteen is void ab initio."
SECTION 2. Section 20-1-250 of the 1976 Code is amended to read:
"Section 20-1-250. No such A marriage license shall must not be issued when either applicant is under the age of fourteen sixteen. or when the male is under the age of sixteen, provided that when the female applicant is between the ages of fourteen to eighteen and when the male applicant is between the ages of sixteen to eighteen and when the When either applicant is between the ages of sixteen to eighteen and that applicant resides with father, or mother, or other relative, or guardian, the probate judge or other officer authorized to issue marriage licenses shall not issue a license for the marriage until furnished with a sworn affidavit signed by such the father, mother, other relative, or guardian giving his or her consent to the marriage."
SECTION 3. Section 20-7-7810(F) of the 1976 Code is amended to read:
"(F) Notwithstanding subsections (A) and (E), a child who is guilty of a violation of law or other misconduct which would not be a criminal offense if committed by an adult, a child who has been found in contempt of court for violation of a court order related to a violation of law or other misconduct which would not be a criminal offense if committed by an adult, or a child who violates the conditions of probation for a violation of law or other misconduct which would not be a criminal offense if committed by an adult may be committed to the custody of a correctional institution operated by the Department of Juvenile Justice or to a secure evaluation centers center operated by the department for a determinate period not to exceed ninety days; however, a when:
(1) the child has been adjudicated delinquent by a family court judge for a status offense, as defined in Section 20-7-6605, excluding truancy, and the order acknowledges that the child has been afforded all due process rights guaranteed to a child offender;
(2) the child is in contempt of court for violation of a court order to attend school or an order issued as a result of the child's adjudication of delinquency for a status offense, as defined in Section 20-7-6605; or
(3) the child is determined by the court to have violated the conditions of probation set forth by the court in an order issued as a result of the child's adjudication of delinquency for a status offense, as defined in Section 20-7-6605, including truancy.
Orders issued pursuant to this subsection must acknowledge:
(a) that the child has been advised of all due process rights afforded to a child offender; and
(b) that the court has received information from the appropriate state or local agency or public entity that has reviewed the facts and circumstances causing the child to be before the court.
A child committed under this section may not be confined with a child who has been determined by the department to be violent."
SECTION 4. This act takes effect upon approval by the Governor. /
Amend title to conform.
Larry A. Martin George E. "Chip" Campsen III Linda H. Short Michael E. "Mike" Easterday C. Bradley "Brad" Hutto C. Anthony Harris, Jr. On Part of the Senate. On Part of the House.
Rep. EASTERDAY explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following was received:
Columbia, S.C., June 22, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators MCCONNELL, FORD and REESE of the Committee of Free Conference on the part of the Senate on H. 3120:
H. 3120 (Word version) -- Reps. Sandifer, Meacham-Richardson, Simrill and Littlejohn: A BILL TO AMEND SECTION 23-3-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED TO BE INCLUDED IN THE STATE DNA DATABASE, SO AS TO INCLUDE PERSONS CONVICTED OR ADJUDICATED DELINQUENT FOR HOMICIDE OR ASSAULT AND BATTERY COMMITTED AGAINST A CHILD BY A PERSON SIXTEEN YEARS OF AGE OR OLDER.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 22, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3120:
H. 3120 (Word version) -- Reps. Sandifer, Meacham-Richardson, Simrill and Littlejohn: A BILL TO AMEND SECTION 23-3-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED TO BE INCLUDED IN THE STATE DNA DATABASE, SO AS TO INCLUDE PERSONS CONVICTED OR ADJUDICATED DELINQUENT FOR HOMICIDE OR ASSAULT AND BATTERY COMMITTED AGAINST A CHILD BY A PERSON SIXTEEN YEARS OF AGE OR OLDER.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 22, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3120:
H. 3120 (Word version) -- Reps. Sandifer, Meacham-Richardson, Simrill and Littlejohn: A BILL TO AMEND SECTION 23-3-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED TO BE INCLUDED IN THE STATE DNA DATABASE, SO AS TO INCLUDE PERSONS CONVICTED OR ADJUDICATED DELINQUENT FOR HOMICIDE OR ASSAULT AND BATTERY COMMITTED AGAINST A CHILD BY A PERSON SIXTEEN YEARS OF AGE OR OLDER.
The Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for ratification.
The Senate has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 22, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3465:
H. 3465 (Word version) -- Reps. Easterday, Wilder, Stuart, Rice, Gilham, Hayes, Simrill, Harrison, Rodgers, Barrett, R. Smith, Vaughn, Loftis, Beck, Robinson, McGee and Sandifer: A BILL TO AMEND SECTION 20-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM AGE FOR A VALID MARRIAGE, SO AS TO PROVIDE THAT THE MINIMUM AGE FOR MALES AND FEMALES SHALL BE THE SAME, AND TO PROVIDE THAT THE AGE SHALL BE SIXTEEN.
Very respectfully,
President
Received as information.
Rep. CAMPSEN moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:
H. 3745 (Word version) -- Reps. Campsen, Altman, Barrett, Barfield, Cato, Cooper, Davenport, Delleney, Easterday, Edge, Emory, Gilham, Govan, Hamilton, Harrison, Haskins, Inabinett, Kelley, Leach, Littlejohn, Loftis, McCraw, McMahand, J. H. Neal, Phillips, Pinckney, Sandifer, Sharpe, Simrill, J. Smith, Stille, Tripp, Vaughn, Wilkins, Witherspoon, Lourie and Knotts: A BILL TO AMEND CHAPTER 1, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGE, BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE "SOUTH CAROLINA FAMILY RESPECT ACT", TO PROVIDE THE LANGUAGE OF THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET, AND TO PROVIDE TO WHOM THE PAMPHLET SHALL BE DISTRIBUTED; TO AMEND CHAPTER 3, TITLE 53, RELATING TO THE CELEBRATION OF SPECIAL DAYS, SO AS TO PROVIDE FOR A FAMILY RESPECT DAY AND TO PROVIDE THE DAY IS OBSERVED IN THE PUBLIC HIGH SCHOOLS; TO AMEND SECTION 20-1-240, RELATING TO INFORMATION GIVEN TO MARRIAGE APPLICANTS, SO AS TO PROVIDE THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET IS DISTRIBUTED TO APPLICANTS; TO AMEND SECTION 44-63-80, AS AMENDED, RELATING TO THE ISSUANCE OF CERTIFIED COPIES OF BIRTH CERTIFICATES, SO AS TO PROVIDE THE FAMILY RESPECT PAMPHLET IS INCLUDED WITH EACH CERTIFIED COPY OF THE BIRTH CERTIFICATE; AND TO AMEND SECTION 44-122-40, RELATING TO THE OPERATION OF COUNTY FUNDED ADOLESCENT PREGNANCY PREVENTION INITIATIVES, SO AS TO PROVIDE FOR THE DISTRIBUTION AND DISCUSSION OF THE FAMILY RESPECT PAMPHLET WITH ADOLESCENTS INVOLVED IN THE INITIATIVES.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bailey Barfield Barrett Battle Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Campsen Carnell Cato Chellis Clyburn Cotty Dantzler Davenport Delleney Easterday Edge Fleming Gamble Gourdine Govan Harrell Harris Hawkins Hayes Hines, J. Hinson Hosey Huggins Inabinett Jennings Kelley Kirsh Klauber Knotts Koon Law Leach Lee Littlejohn Lloyd Loftis Lourie Lucas Maddox Martin McCraw McGee McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Neilson Ott Perry Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sheheen Simrill Smith, D.C. Smith, R. Stille Stuart Taylor Townsend Tripp Trotter Webb Whatley Wilder Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER appointed Reps. CAMPSEN, HARRIS and EASTERDAY to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3745 (Word version) -- Reps. Campsen, Altman, Barrett, Barfield, Cato, Cooper, Davenport, Delleney, Easterday, Edge, Emory, Gilham, Govan, Hamilton, Harrison, Haskins, Inabinett, Kelley, Leach, Littlejohn, Loftis, McCraw, McMahand, J.H. Neal, Phillips, Pinckney, Sandifer, Sharpe, Simrill, J. Smith, Stille, Tripp, Vaughn, Wilkins, Witherspoon, Lourie and Knotts: A BILL TO AMEND CHAPTER 1, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGE, BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE "SOUTH CAROLINA FAMILY RESPECT ACT", TO PROVIDE THE LANGUAGE OF THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET, AND TO PROVIDE TO WHOM THE PAMPHLET SHALL BE DISTRIBUTED; TO AMEND SECTION 20-1-240, RELATING TO INFORMATION GIVEN TO MARRIAGE APPLICANTS, SO AS TO PROVIDE THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET IS DISTRIBUTED TO APPLICANTS; TO AMEND CHAPTER 3, TITLE 53, RELATING TO THE CELEBRATION OF SPECIAL DAYS, SO AS TO PROVIDE FOR A FAMILY RESPECT DAY AND TO PROVIDE THE DAY IS OBSERVED IN THE PUBLIC HIGH SCHOOLS; TO AMEND SECTION 44-63-80, AS AMENDED, RELATING TO THE ISSUANCE OF CERTIFIED COPIES OF BIRTH CERTIFICATES, SO AS TO PROVIDE THE FAMILY RESPECT PAMPHLET IS INCLUDED WITH EACH CERTIFIED COPY OF THE BIRTH CERTIFICATE; TO AMEND SECTION 44-122-40, RELATING TO THE OPERATION OF COUNTY FUNDED ADOLESCENT PREGNANCY PREVENTION INITIATIVES, SO AS TO PROVIDE FOR THE DISTRIBUTION AND DISCUSSION OF THE FAMILY RESPECT PAMPHLET WITH ADOLESCENTS INVOLVED IN THE INITIATIVES; TO ENACT THE "SOUTH CAROLINA RELIGION IN PUBLIC SCHOOLS ACT OF 2000" INCLUDING PROVISIONS TO ADD SECTION 1-7-35 SO AS TO PROVIDE THAT THE ATTORNEY GENERAL SHALL DESIGNATE ONE MEMBER OF HIS PROFESSIONAL STAFF AS THE "SOUTH CAROLINA RELIGION IN PUBLIC SCHOOLS OFFICER" AND TO PROVIDE FOR THIS OFFICER'S DUTIES AND RESPONSIBILITIES; TO ADD SECTION 59-17-135 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT IN THIS STATE SHALL CONDUCT TRAINING FOR TEACHERS AND ADMINISTRATORS DURING ANNUAL IN-SERVICE TRAINING REGARDING CONSTITUTIONALLY AND STATUTORILY PERMITTED SCHOOL RELIGIOUS EXERCISES AND EXPRESSIONS; AND TO ADD SECTION 59-17-140 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT BY JULY 1, 2001, SHALL ADOPT A RELIGION IN PUBLIC SCHOOLS POLICY AND TO PROVIDE FOR THE CONTENTS OF THIS POLICY AND THE MANNER IN WHICH IT SHALL BE DEVELOPED.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:
/ A BILL TO AMEND CHAPTER 1, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGE, BY ADDING ARTICLE 7, SO AS TO PROVIDE FOR THE "SOUTH CAROLINA FAMILY RESPECT ACT", TO PROVIDE FOR THE CREATION OF THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET, AND TO PROVIDE TO WHOM THE PAMPHLET SHALL BE DISTRIBUTED; TO AMEND SECTION 20-1-240, RELATING TO INFORMATION GIVEN TO MARRIAGE APPLICANTS, SO AS TO PROVIDE THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET IS DISTRIBUTED TO APPLICANTS; TO AMEND SECTION 20-7-7810, RELATING TO THE COMMITMENT OF JUVENILES, SO AS TO PROVIDE FOR THE OFFENSES FOR WHICH A JUVENILE MAY BE COMMITTED TO AN EVALUATION CENTER AND TO PROVIDE FOR THE COURT ORDER'S CONTENTS PURSUANT TO THIS SUBSECTION; TO AMEND SECTION 44-63-80, AS AMENDED, RELATING TO THE ISSUANCE OF CERTIFIED COPIES OF BIRTH CERTIFICATES, SO AS TO PROVIDE THE FAMILY RESPECT PAMPHLET IS INCLUDED WITH EACH CERTIFIED COPY OF THE BIRTH CERTIFICATE; TO AMEND SECTION 44-122-40, RELATING TO THE OPERATION OF COUNTY FUNDED ADOLESCENT PREGNANCY PREVENTION INITIATIVES, SO AS TO PROVIDE FOR THE DISTRIBUTION AND DISCUSSION OF THE FAMILY RESPECT PAMPHLET WITH ADOLESCENTS INVOLVED IN THE INITIATIVES; TO AMEND CHAPTER 3, TITLE 53, RELATING TO THE CELEBRATION OF SPECIAL DAYS, SO AS TO PROVIDE FOR A FAMILY RESPECT DAY AND TO PROVIDE THE DAY IS OBSERVED IN THE PUBLIC HIGH SCHOOLS; TO ADD SECTION 53-3-150 TO PROVIDE THAT THE WEEK WHICH INCLUDES THE ELEVENTH DAY OF NOVEMBER IN EACH YEAR IS DESIGNATED AS "PATRIOTISM WEEK" IN SOUTH CAROLINA; TO ADD SECTIONS 59-63-75 AND 59-63-85 TO PROVIDE FOR CHARACTER EDUCATION IN SCHOOLS; TO ENACT THE "SOUTH CAROLINA RELIGION IN PUBLIC SCHOOLS ACT OF 2000"; TO ADD SECTION 59-17-140, SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT IN THIS STATE SHALL CONDUCT TRAINING FOR TEACHERS AND ADMINISTRATORS DURING ANNUAL IN-SERVICE TRAINING REGARDING CONSTITUTIONALLY AND STATUTORILY PERMITTED SCHOOL RELIGIOUS EXERCISES AND EXPRESSIONS.
Whereas, the General Assembly finds that the family is the fundamental building block of society; and
Whereas, the General Assembly finds that the State should promote strong families, for the family is the cradle of an ordered and vibrant republic; and
Whereas, the General Assembly finds that one way for the State to promote strong families is to publish and distribute a pamphlet which emphasizes the importance of families. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-1-240 of the 1976 Code is amended to read:
"Section 20-1-240. All authorized offices, officials, or individuals empowered to issue a marriage license shall, at the time of issuance thereof application, provide to applicants for marriage licenses,:
(1) family planning information. This information shall be supplied to the issuing officials by the Department of Health and Environmental Control; and
(2) the 'South Carolina Family Respect' information pamphlet published and provided by the office of the Governor."
SECTION 2. Chapter 1, Title 20 of the 1976 Code is amended by adding:
Section 20-1-700. This act may be cited as the 'South Carolina Family Respect Act'.
Section 20-1-710. The General Assembly finds that the family is the fundamental building block of society. Within healthy families children are instilled with values essential to the vitality of our State. These values include personal responsibility, honesty, duty, commitment to others, a work ethic, respect for authority, and sound educational habits. Because the family plays such a crucial role in developing these and other civic virtues essential to self-government, parents have a duty to themselves, their children, and society at large to instill these virtues in their children. Therefore, as much as it is able, the State should promote strong families, for the family is the cradle of an ordered and vibrant republic. Self-government depends upon civic virtue, and civic virtue in turn depends upon healthy families. The purpose of this act is to emphasize the importance of families to the success and well-being of our State.
Section 20-1-720. (A) The office of the Governor shall publish an informational pamphlet entitled 'South Carolina Family Respect' consistent with the intent and provisions of this act. The office of the Governor shall distribute the pamphlet to the agencies, offices, and entities listed in subsection (B). It is the duty of the government agencies, offices, and entities listed in subsection (B) to promote the ideals of this pamphlet and distribute it to their constituencies and clients.
(B) The informational pamphlet must be distributed to:
(1) all probate judges and clerks of court who issue marriage licenses who shall give it to each couple at the time they apply for the license;
(2) all family court judges who shall give it to all couples who file a petition for divorce or a petition for approval of a separation agreement;
(3) the Department of Social Services who shall give it to each person who applies for welfare benefits;
(4) the Department of Health and Environmental Control to be included and mailed out with each certified birth certificate issued, as provided in Section 44-63-80;
(5) all public school districts in the State that teach sex education programs. All public school districts must include a discussion of the pamphlet in its sex and family education curriculum;
(6) all state and local agencies and institutions that provide health services including, but not limited to, family planning services and distribution of contraceptives, to be given to all pregnant minors, persons receiving birth control, and persons receiving information on family planning or sexually transmitted diseases;
(7) all local mental health centers to be distributed where appropriate in particular counseling situations;
(8) all county programs for adolescent pregnancy prevention initiatives, as provided in Section 44-122-40. Each initiative must include a discussion of the pamphlet with the adolescents it counsels;
(9) all public colleges, universities, and other institutions of higher learning to be distributed to all first year students during their orientation; and
(10) the pamphlet must be made available for voluntary distribution to:
(i) all clergy and counselors who provide marriage counseling;
(ii) all private high schools;
(iii) all private institutions of higher learning; and
(iv) the general public."
SECTION 3. Section 44-63-80 of the 1976 Code, as last amended by Act 71 of 1997, is further amended to read:
"Section 44-63-80. Except as otherwise provided, certified copies of the original birth certificate or any new or amendatory certificate, exclusive of that portion containing confidential information, must be issued only by the state registrar and only to the registrant, if of legal age, his parent or guardian, or other legal representative, and upon request to the Department of Social Services or its designee for the purpose of establishing paternity or establishing, modifying, or enforcing a child support obligation. The registrar shall include a copy of the pamphlet 'South Carolina Family Respect', as provided in Section 20-1-720, when it mails or sends the certified copy of the birth certificate. However, the certified copy of the birth certificate may not disclose the name of the father in any illegitimate birth unless the name of the father is entered on the certificate pursuant to Section 44-63-163 or Section 44-63-165. The short form certificate or birth card may be furnished only to the registrant, his parent or guardian, or other legal representative by the state or county registrar.
When one hundred years have elapsed after the date of birth, these records must be made available in photographic or other suitable format for public viewing."
SECTION 4. Section 44-122-40(A) of the 1976 Code, as added by Act 419 of 1998, is amended to read:
"(A) A local public or private agency or organization or combination of these agencies and organizations may apply to the county government for an allocation of funds to operate an adolescent pregnancy prevention initiative. All initiatives funded by the county government pursuant to this chapter shall emphasize premarital sexual abstinence and male responsibility. All initiatives funded by the county government pursuant to this chapter must distribute to and discuss the 'South Carolina Family Respect' information pamphlet, published and provided by the office of the Governor, with each adolescent involved in their project or program. All applications must meet the following minimum standards for consideration:
(1) Each initiative must have a plan of action for prevention of adolescent pregnancy that extends for at least five years. The proposal must include convincing evidence of a direct link between project activities and the reduction of adolescent pregnancy in the target population.
(2) Each initiative must have realistic, specific, and measurable goals, objectives, timelines, and budget for the prevention of adolescent pregnancy.
(3) The proposal must include a description of the method for collecting and reporting the data required by the department to evaluate the effectiveness of the initiative, as specified in Section 44-122-60. Each initiative, before submitting its proposal, must send a representative to the evaluation standards workshop sponsored by the department."
SECTION 5. Chapter 3, Title 53 of the 1976 Code is amended by adding:
"Section 53-3-45. The Friday immediately preceding Mother's Day of each year is designated 'Family Respect Day' in recognition of the important role the family unit plays in a healthy and productive society."
SECTION 6. Chapter 3, Title 53 of the 1976 Code is amended by adding:
"Section 53-3-150. (A) The week which includes the eleventh day of November in each year is designated as 'Patriotism Week' in South Carolina. The Governor shall issue appropriate proclamations to commemorate 'Patriotism Week' which must be observed throughout South Carolina with appropriate ceremonies and events to:
(1) recognize the important contributions made by our military veterans to American society;
(2) honor the supreme sacrifices made by our veterans in defending the freedoms and protections afforded by the United States Constitution; and
(3) memorialize those men and women who lost their lives in military service.
(B) The State Superintendent of Education shall encourage school districts to:
(1) observe 'Patriotism Week' by holding appropriate ceremonies, events, and assemblies on school grounds; and
(2) develop appropriate curricula that focus on the purposes of 'Patriotism Week'.
(C) Commissioners and directors of state agencies and governing bodies of political subdivisions shall encourage participation by public employees in ceremonies and events during 'Patriotism Week'."
SECTION 7. A. This section is known and may be cited as the "Religion and Public Schools Act of 2000".
B. The South Carolina General Assembly finds that the free exercise of religion is integral to the intellectual, moral, civic, and ethical development of students in South Carolina. It further finds that this exercise of religion should find expression only in legally sound ways that do not violate the state and federal constitutional prohibitions against the establishment of religion.
Therefore, the South Carolina General Assembly has determined to enact the "Religion and Public Schools Act", which calls for the training of educators in how to recognize constitutional distinctions between individual free exercise of religion which the First Amendment protects and state establishment of religion which the First Amendment prohibits.
The purpose of the act is to promote a constitutionally sound understanding and a faithful compliance with the free exercise and establishment clauses of the federal and state constitutions as they apply to public school operations.
C. The 1976 Code is amended by adding:
"Section 59-17-140. (A) Effective July 1, 2001, each school district during annual in-service training shall provide a program of instruction for teachers and administrators in the essentials of constitutional protections and prohibitions as they relate to religion and public school operations. Subjects shall include, but not be limited to:
(1) student prayers;
(2) graduation prayers and baccalaureates;
(3) participation in or encouragement of religious activity by school officials;
(4) religion in school curriculum;
(5) religious content in student assignments;
(6) distribution and use of religious literature;
(7) student participation in religious events before and after school;
(8) religious persuasion versus religious harassment;
(9) religious holidays;
(10) permitted absences from objectionable lessons in religion;
(11) released time for religious instruction;
(12) teaching values;
(13) religious attire;
(14) Federal Equal Access Act;
(15) Federal Religious Freedom Restoration Act;
(16) South Carolina Religious Freedom Act;
(17) other statutory and constitutional provisions regarding the establishment of religion and free exercise thereof, as they relate to a public school context;
(18) instruction on how to access legal advice concerning the establishment of religion and free exercise thereof in a public school context; and
(19) instruction on how to access the State Department of Education's guidelines on religion and the public schools on the department's website.
(B) Once a teacher or administrator has completed the program of instruction contained in this section, it is not necessary that they participate in the same program of instruction on an annual basis. However, such teachers and administrators who have completed the program of instruction shall annually participate in instruction regarding updates and new developments in the subject matter contained in this section."
SECTION 8. The 1976 Code is amended by adding:
"Section 59-17-135. (A) The General Assembly finds:
(1) the schools of South Carolina must provide the safest environment possible for students to learn;
(2) teaching positive character traits is essential to improving the learning environment, promoting student achievement, reducing disciplinary problems, and developing civic-minded students;
(3) schools must be encouraged to instill the highest character and academic excellence in each student, in close cooperation with the student's parents; and
(4) elected officials, community and civic leaders, business leaders, religious institutions, youth organizations, government, media, and citizens-at-large must be encouraged to become actively involved in creating an atmosphere which encourages positive character development through every sector of the community.
(B) Each local school board of trustees of the State must develop a policy addressing character education. Any character education program implemented by a district as a result of an adopted policy must, to the extent possible, incorporate character traits including, but not limited to, the following: respect for others, honesty, self-control, cleanliness, courtesy, good manners, cooperation, citizenship, patriotism, courage, fairness, kindness, self-respect, compassion, diligence, generosity, punctuality, cheerfulness, patience, sportsmanship, loyalty, and virtue. Local school boards must include all sectors of the community, as referenced in subsection (A)(4), in the development of a policy and in the development of any program implemented as a result of the policy. As part of any policy and program developed by the local school board, an evaluation component must be included.
(C) Beginning with the 2000-2001 school year, each school district board of trustees is encouraged to require students in the public schools under the jurisdiction of the board to exhibit appropriate conduct, as required in subsection (D) of this section.
(D) When a public school student is speaking with a public school employee while on school property or at a school sponsored event, the student may be encouraged to address and respond to the public school employee by using terms indicative of or reflecting courtesy and respect for a public school's employees position of authority, including but not limited to, sir, ma'am, thank you, and please.
(E) Each school district board of trustees is encouraged to provide for incorporation of the requirements of subsections (C) and (D) into any existing discipline policy or policies or any code of conduct of the school district or of each school within its jurisdiction.
(F) No school board may provide suspension or expulsion from school as an appropriate punishment for violation of subsection (D).
(G) Upon request, the State Department of Education must provide to the school districts of the State information on currently available programs, curriculums, and resources. In addition, the State Department of Education must provide to the school districts of the State information on best practices and successful programs currently being implemented."
SECTION 9. This act takes effect upon approval by the Governor./
Amend title to conform.
Thomas L. Moore Michael E. Easterday Larry A. Martin George E. Campsen III C. Bradley Hutto C. Anthony Harris, Jr. On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The Senate amendments to the following Bill were taken up for consideration:
H. 4460 (Word version) -- Rep. McGee: A BILL TO AMEND SECTION 27-39-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF RENT BY DISTRESS PROCEEDINGS AND THE PROPERTY EXEMPT, FROM DISTRESS, SO AS TO INCLUDE AS EXEMPT PROPERTY THAT WHICH IS OWNED BY A THIRD PARTY FOR WHICH THE MAGISTRATE FINDS OWNERSHIP WAS NOT TRANSFERRED FROM THE TENANT TO THE THIRD PARTY FOR THE PURPOSE OF AVOIDING DISTRAINT; AND TO AMEND SECTION 27-39-250, RELATING TO THE PROPERTY OF OTHERS ON THE RENTED PREMISES, SO AS TO REQUIRE THE MAGISTRATE TO CONDUCT A HEARING CONCERNING THE OWNERSHIP OF THE PROPERTY OF A THIRD PARTY AND IF THE MAGISTRATE FINDS THE PROPERTY WAS TRANSFERRED TO THE THIRD PARTY FOR THE PURPOSE OF AVOIDING DISTRAINT, THEN THE DISTRAINED PROPERTY OF THE THIRD PARTY IS SUBJECT TO SALE.
Rep. MCGEE explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill 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.
The Senate amendments to the following Joint Resolution were taken up for consideration:
H. 4856 (Word version) -- Reps. Robinson, Koon, Allison, Barfield, H. Brown, Davenport, Easterday, Edge, Gamble, Gilham, Hamilton, Harrell, Harvin, Frye, Law, Littlejohn, Martin, Rice, Riser, Rodgers, Stille, Stuart, Taylor, Walker, Witherspoon, Leach and Loftis: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO EXEMPT PRIVATE PASSENGER MOTOR VEHICLES AND MOTORCYCLES FROM PROPERTY TAXES LEVIED IN THE COUNTY AND TO ALLOW THIS EXEMPTION ONLY PURSUANT TO A REFERENDUM HELD IN THE COUNTY IN THE MANNER THAT THE GENERAL ASSEMBLY PROVIDES BY LAW.
The Senate amendments were agreed to, and the Joint Resolution 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.
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3393 (Word version) -- Reps. Law, H. Brown and Young-Brickell: A BILL TO AMEND CHAPTER 23, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT AND MOTOR TITLING, BY ADDING SECTION 50-23-295 SO AS TO PROVIDE THAT A CERTIFICATE OF TITLE TO WATERCRAFT MAY NOT BE TRANSFERRED IF THE DEPARTMENT OF NATURAL RESOURCES HAS NOTICE THAT PROPERTY TAXES ARE OWED ON THE WATERCRAFT OR OUTBOARD MOTOR.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Chapter 23, Title 50 of the 1976 Code is amended by adding:
"Section 50-23-295. A certificate of title to watercraft or an outboard motor may not be transferred if the department has notice that property taxes payable by the current owner within the past three years are owed on the watercraft or outboard motor. If transfer of title has been denied pursuant to this section, a tax receipt on the watercraft or outboard motor from the person officially charged with the collection of ad valorem taxes in the county of residence must be accepted as proof that the taxes have been paid. The bill of sale or title to watercraft or an outboard motor shall require certification that property taxes have been paid by the current owner as of the date of sale.
The county treasurer or other appropriate official annually, or more frequently as the county may deem appropriate, shall transmit a list of delinquent taxes due on watercraft and outboard motors to the department. The list may be transmitted in any electronic format as may be deemed acceptable by the department.
The current owner is not required to pay property taxes pursuant to the provisions of this section if such tax levy is below exemption for the minimum tax on boats. The tax levies for the prior three years may not be used cumulatively to exceed the minimum tax levy collection threshold."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to conform.
/s/Sen. J. Yancey McGill /s/Rep. William Witherspoon /s/Sen. Ernest L. Passailaigue /s/Rep. James Battle, Jr. Sen. Chauncey K. Gregory /s/Rep. James N. Law On Part of the Senate. On Part of the House.
Rep. LAW explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following was received:
Columbia, S.C., June 22, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 4849:
H. 4849 (Word version) -- Rep. Askins: A BILL TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING CHAPTER 49 SO AS TO ENACT THE "FIREFIGHTER MOBILIZATION ACT OF 2000".
The Report of the Committee of Conference having been adopted by both Houses ordered that the title be changed to that of an Act and the Act enrolled for ratification.
The Senate has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 22, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3393:
H. 3393 (Word version) -- Reps. Law, H. Brown and Young-Brickell: A BILL TO AMEND CHAPTER 23, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT AND MOTOR TITLING, BY ADDING SECTION 50-23-295 SO AS TO PROVIDE THAT A CERTIFICATE OF TITLE TO WATERCRAFT MAY NOT BE TRANSFERRED IF THE DEPARTMENT OF NATURAL RESOURCES HAS NOTICE THAT PROPERTY TAXES ARE OWED ON THE WATERCRAFT OR OUTBOARD MOTOR.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 22, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators RANKIN, RUSSELL and JACKSON of the Committee of Free Conference on the part of the Senate on H. 3358:
H. 3358 (Word version) -- Reps. Fleming, Lucas, Taylor, Wilder, Klauber, Harris and Hayes: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTNERSHIPS, CORPORATIONS, AND ASSOCIATIONS, BY ADDING CHAPTER 36 SO AS TO INCLUDE NONPROFIT CORPORATIONS FINANCED BY BOTH FEDERAL AND STATE LOANS, NOT ONLY BY FEDERAL LOANS, AND TO PROVIDE FOR INCORPORATION, MEMBERSHIP, SALE, CONSOLIDATION, MERGER, AND DISSOLUTION OF CORPORATIONS NOT-FOR-PROFIT; TO AMEND SECTIONS 33-20-103, AS AMENDED, AND 33-31-1708, RELATING TO EXEMPTION OF CERTAIN NONPROFIT CORPORATIONS FROM THE PROVISIONS OF CHAPTERS 1 THROUGH 20 AND CHAPTER 31 OF TITLE 33, SO AS TO EXEMPT NONPROFIT CORPORATIONS ORGANIZED PURSUANT TO CHAPTER 36; TO REPEAL CHAPTER 35 OF TITLE 33 RELATING TO NONPROFIT CORPORATIONS FINANCED BY FEDERAL LOANS; AND TO AMEND SECTION 6-13-120, RELATING TO DISSOLUTION OF A WATER DISTRICT, SECTION 6-19-10, RELATING TO STATE AUTHORITY TO MAKE GRANTS TO WATER AND SEWER AUTHORITIES OR DISTRICTS, SECTION 12-6-550, RELATING TO CORPORATIONS EXEMPT FROM STATE INCOME TAXES, SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES AND USE TAXES, AND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM PROPERTY TAX, ALL SO AS TO CHANGE CROSS-REFERENCES TO REFLECT REPEAL OF CHAPTER 35 AND ADDITION OF CHAPTER 36.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 22, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3358:
H. 3358 (Word version) -- Reps. Fleming, Lucas, Taylor, Wilder, Klauber, Harris and Hayes: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTNERSHIPS, CORPORATIONS, AND ASSOCIATIONS, BY ADDING CHAPTER 36 SO AS TO INCLUDE NONPROFIT CORPORATIONS FINANCED BY BOTH FEDERAL AND STATE LOANS, NOT ONLY BY FEDERAL LOANS, AND TO PROVIDE FOR INCORPORATION, MEMBERSHIP, SALE, CONSOLIDATION, MERGER, AND DISSOLUTION OF CORPORATIONS NOT-FOR-PROFIT; TO AMEND SECTIONS 33-20-103, AS AMENDED, AND 33-31-1708, RELATING TO EXEMPTION OF CERTAIN NONPROFIT CORPORATIONS FROM THE PROVISIONS OF CHAPTERS 1 THROUGH 20 AND CHAPTER 31 OF TITLE 33, SO AS TO EXEMPT NONPROFIT CORPORATIONS ORGANIZED PURSUANT TO CHAPTER 36; TO REPEAL CHAPTER 35 OF TITLE 33 RELATING TO NONPROFIT CORPORATIONS FINANCED BY FEDERAL LOANS; AND TO AMEND SECTION 6-13-120, RELATING TO DISSOLUTION OF A WATER DISTRICT, SECTION 6-19-10, RELATING TO STATE AUTHORITY TO MAKE GRANTS TO WATER AND SEWER AUTHORITIES OR DISTRICTS, SECTION 12-6-550, RELATING TO CORPORATIONS EXEMPT FROM STATE INCOME TAXES, SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES AND USE TAXES, AND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM PROPERTY TAX, ALL SO AS TO CHANGE CROSS-REFERENCES TO REFLECT REPEAL OF CHAPTER 35 AND ADDITION OF CHAPTER 36.
Very respectfully,
President
Received as information.
The Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.
Rep. WILKINS made a statement relative to Rep. SEITHEL'S service in the House.
Rep. SEITHEL made a statement relative to her service in the House.
The following was received:
Columbia, S.C., June 22, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators RAVENEL, RANKIN and PASSAILAIGUE of the Committee of Conference on the part of the Senate on H. 3808:
H. 3808 (Word version) -- Reps. Kelley, Keegan, Witherspoon, Edge, Miller, Simrill, Rhoad, Altman, Barrett, Battle, Campsen, Davenport, Emory, Limehouse, R. Smith, Vaughn, Walker and Wilkes: A BILL TO AMEND SECTION 12-24-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEEDS EXEMPTED FROM THE STATE'S DEED RECORDING FEE, SO AS TO ALLOW AN EXEMPTION FOR DEEDS THAT TRANSFER REALTY FROM AN AGENT TO THE AGENT'S PRINCIPAL IN WHICH THE REALTY WAS PURCHASED WITH FUNDS OF THE PRINCIPAL.
Very respectfully,
President
Received as information.
Rep. CAMPSEN moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:
H. 3808 (Word version) -- Reps. Kelley, Keegan, Witherspoon, Edge, Miller, Simrill, Rhoad, Altman, Barrett, Battle, Campsen, Davenport, Emory, Limehouse, R. Smith, Vaughn, Walker and Wilkes: A BILL TO AMEND SECTION 12-24-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEEDS EXEMPTED FROM THE STATE'S DEED RECORDING FEE, SO AS TO ALLOW AN EXEMPTION FOR DEEDS THAT TRANSFER REALTY FROM AN AGENT TO THE AGENT'S PRINCIPAL IN WHICH THE REALTY WAS PURCHASED WITH FUNDS OF THE PRINCIPAL.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Bales Barfield Barrett Battle Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Campsen Carnell Cato Chellis Clyburn Cooper Cotty Dantzler Davenport Delleney Edge Emory Fleming Frye Gamble Gourdine Hamilton Harrison Harvin Hawkins Hayes Hines, M. Hinson Hosey Huggins Inabinett Jennings Kelley Kirsh Knotts Koon Law Leach Limehouse Littlejohn Lloyd Loftis Lourie Lucas Maddox Martin McCraw McGee McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Perry Phillips Pinckney Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sheheen Simrill Smith, D. Smith, D.C. Smith, J. Smith, R. Stille Stuart Taylor Townsend Trotter Webb Whatley Wilder Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER appointed Reps. CAMPSEN, SEITHEL and TAYLOR to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3808 (Word version) -- Reps. Kelley, Keegan, Witherspoon, Edge, Miller, Simrill, Rhoad, Altman, Barrett, Battle, Campsen, Davenport, Emory, Limehouse, R. Smith, Vaughn, Walker and Wilkes: A BILL TO AMEND SECTION 12-24-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEEDS EXEMPTED FROM THE STATE'S DEED RECORDING FEE, SO AS TO ALLOW AN EXEMPTION FOR DEEDS THAT TRANSFER REALTY FROM AN AGENT TO THE AGENT'S PRINCIPAL IN WHICH THE REALTY WAS PURCHASED WITH FUNDS OF THE PRINCIPAL.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer's Version 5/31/00.)
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 12-24-40 of the 1976 Code, as added by Part II, Section 57A of Act 458 of 1996 and last amended by Act 324 of 1998, is further amended by adding at the end an appropriately numbered item as follows:
"( ) transferring realty from an agent to the agent's principal in which the realty was purchased with funds of the principal, provided that a notarized document is also filed with the deed that establishes the fact that the agent and principal relationship existed at the time of the original purchase as well as for the purpose of purchasing the realty."
SECTION 2. Section 33-44-211(c) of the 1976 Code is amended to read:
"(c) The first annual report must be delivered to the Secretary of State between January first and April first of the year following the calendar year in which a limited liability company was organized or a foreign company was authorized to transact business. Subsequent annual reports must be delivered to the Secretary of State between January first and April first of the ensuing calendar years on or before the fifteenth day of the third month following the close of the taxable year."
SECTION 3. This act takes effect upon approval by the Governor, and Section 1 applies with respect to deeds recorded on and after that date. /
Amend title to conform.
Sen. Ernest L. Passailaigue /s/Rep. Lynn Seithel /s/Sen. Arthur Ravenel, Jr. /s/Rep. George Campsen III /s/Sen. Luke A. Rankin /s/Rep. J. Adam Taylor On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3649 (Word version) -- Rep. Tripp: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "NEW JOB" FOR PURPOSES OF CLAIMING THE JOB TAX CREDIT, SO AS TO INCLUDE A JOB REINSTATED AFTER THE EMPLOYER HAS REBUILT A FACILITY DUE TO INVOLUNTARY CONVERSION, BY EMINENT DOMAIN OR CONDEMNATION, OF A PRIOR EXISTING FACILITY; AND TO AMEND SECTIONS 12-10-30, AS AMENDED, AND 12-10-35, BOTH RELATING TO QUALIFICATION OF A BUSINESS PURSUANT TO THE ENTERPRISE ZONE ACT OF 1995, SO AS TO CONFORM CRITERIA TO INCLUDE THE DEFINITION OF "NEW JOB" AS A JOB CREATED OR REINSTATED PURSUANT TO SECTION 12-6-3360.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
SECTION 1. The sources of general fund revenues appropriated in this part are as follows:
(1) $100,043,037 in projected general fund fiscal year 1999-2000 surplus revenues;
(2) $54,514,000 in lapsed general fund appropriations by changing from fiscal year 1999-2000 to fiscal year 2000-2001 the accounting for the July, 2000, distribution pursuant to Chapter 27, Title 6 of the 1976 Code, the State Aid to Subdivisions Act; and by this item, this lapse is deemed to have occurred;
(3) An amount not exceeding $5,872,633 retained by the Department of Revenue pursuant to Section 12-21-2720(F) of the 1976 Code as that provision existed before July 1, 2000, must lapse to the general fund of the State and by this item, this lapse is deemed to have occurred;
(4)(a) The appropriations in Part IA, Section 1, Subsection XIII of the general appropriations act for fiscal year 2000-2001 for "Aid Schl Dist Educ Fun Act" in the amount of $1,175,917,424 in the total funds and general funds columns is reduced by $11,267,000 in both columns and the appropriations for "Aid Schol District - emplr contri" in the amount of $301,463,570 in the total funds and general funds columns is reduced in both columns by $1,715,319.
(b) Regardless of the actual time of ratification of this act and the general appropriations act for fiscal year 2000-2001, the reductions in the appropriations in Part IA, Section 1, Subsection XIII of the general appropriations act for fiscal year 2000-2001 provided in subitem (a) of this subsection are deemed to have been enacted after the ratification date of the general appropriations act for fiscal year 2000-2001, and this act constitutes the last statement of the General Assembly on the amount of these appropriations.
(5)(a) The appropriation in Part 1A, Section 1, Subsection XIII of Act 100 of 1999, for "Aid Schl Dist Educ Fin Act" in the amount of $1,131,409,216 in the Total Funds and General Funds columns is reduced by $10,033,660 in both columns.
(b) The increased revenue realized by the reductions in the appropriations referenced in subitem (a) above, notwithstanding any other provision of law including a provision in Part IA or IB of a general appropriations bill or act to the contrary to include this act must be retained in the general fund of the State.
(c) The provisions of this subsection, notwithstanding any other provision of law including a provision in Part IA or IB of a general appropriations bill or act to the contrary to include this act, take effect upon approval of this act by the Governor.
SECTION 2. (A) From fiscal year 1999-2000 projected general fund surplus revenues, the following sums are appropriated for the purposes stated:
Clemson University
(1) Call Me MISTER Initiative $ 361,747
University of Charleston
(2) Youth Race Initiative 50,000
Coastal Carolina University
(3) Atlantic Center - Marine Science Program 200,000
(4) Art Department - Specialized Accreditation 75,000
Lander University
(5) Academic Initiative 950,000
South Carolina State University
(6) Transportation Center 500,000
(7) DHEC/DLLR Health & Safety Inspection 905,375
(8) Business School Accreditation 500,000
University of South Carolina - Columbia
(9) Baruch Institute: National Estuarine Research 231,113
(10) Small Business Development Center 191,398
(11) Law Library 55,926
Board for Technical and Comprehensive Education
(12) Special Schools 5,500,000
Department of Archives and History
(13) Microfilming Historical County Records 50,000
(14) Mary McLeod Bethune Homeplace Replica (Mayesville) 25,000
Arts Commission
(15) Grantmaking 500,000
(16) Partnership/Community Cultural Facilities Development Grants 200,000
Department of Health and Human Services
(17) Medicaid 17,830,229
(18) Commun-I-Care Pharmaceuticals 500,000
(19) FY 2000-01 Community Long-Term Care Waiting List 500 Slots 1,600,000
(20) Restoration of AWP Change from 13% to 10% 2,500,000
(21) Hospital-Based Health Clinics 368,000
(22) Palmetto Senior Care 1,700,000
Department of Health and Environmental Control
(23) Health Department Facility Repairs 500,000
(24) Beach Restoration 1,700,000
(25) Myrtle Beach Study & Engineering Plan for Water Quality 300,000
(26) Water Quality Testing 200,000
Department of Social Services
(27) Foster Care Payments - Teen Homes 400,000
Department of Parks, Recreation and Tourism
(28) Alternative Funding 4,000,000
(29) PRT Grant Fund 1,653,042
Election Commission
(30) 2000 General Election 2,250,000
Clemson University - Public Service Activities
(31) Fire Ant Research & Education 200,000
(32)Tropical Soda Apple 80,000
(33)Agri-Systems Productivity & Profitability (2x4) 800,000
(34) Youth Development 100,000
South Carolina State University - Public Service Activities
(35)1890 Leadership Inst/Regulatory & Public Service 500,000
(36) Public Service Activities 480,000
Department of Natural Resources
(37)NPS Cost Share 690,000
(38) Water Monitoring Network 150,000
(39) Aquatic Nuisance Program 400,000
(40) Soil & Water Conservation National Convention 25,000
Department of Commerce
(41) Staff Development 165,000
(42) Advertising 500,000
(43) Economic Development - Coordinating Council 8,000,000
(44) Pleasant Valley Commons 600,000
(45) Phillis Wheatley Association 202,941
Judicial Department
(46) Drug Treatment Court Pilot Program 1,500,000
Department of Corrections
(47) Institutional Maintenance 1,000,000
Department of Probation, Parole and Pardon Services
(48) Information Technology 210,000
(49) Transition Housing/Aftercare 250,000
The Senate
(50) Legal Expenses 100,000
(51) NCSL & Council of State Governments Dues 5,955
(52) Council for Conflict Resolution 350,000
House of Representatives
(53) Legal Expenses 100,000
(54) Operating Expenses 150,000
Department of Juvenile Justice
(55) Decentralized Facilities 3,577,998
(56) Other Operating - Subclass, Detention Center & Evaluation Center 1,273,321
(57) Additional Female Units at Regional & Evaluation Centers
(VOITIS Match) 678,000
(58) Information Technology 452,163
(59) Juvenile Arbitration Program 500,000
(60)Mentoring Program 100,000
Governor's Office - State Law Enforcement Division
(61) Laboratory 220,000
Department of Public Safety
(62) New Trooper Class 2,700,000
(63) Litter Program 500,000
Workers Compensation Commission
(64)Self-Insurance Program Audit Function 15,000
Legislative Printing
(65) Software/Technical Support 228,000
Legislative Information Systems
(66) Equipment Repair & Installation 166,500
Governor's Office - Executive Policy and Programs
(67) Veteran's Affairs - World War II Monument, Washington, DC 200,000
(68) Professional Development 100,000
Adjutant General
(69) Armory Operations/Maintenance 300,000
(70) Tuition Assistance 250,000
Budget and Control Board - Division of Operations
(71) Leadership SC 75,000
Budget and Control Board - Division of Budget and Analyses
(72)Professional Development 50,000
Budget and Control Board - Division of Regional Development
(73) Salkehatchie Leadership Center 125,000
(74) Jackson Mills Sewer Project 400,000
(75) Waccamaw River Flood Plain Study 400,000
Department of Revenue
(76) Electronic Document Processing System 1,000,000
(77) Video Poker License Fee Refunds 9,400,000
Board for Technical and Comprehensive Education
(78) Special Schools 5,000,000
Attorney General
(79) Palmetto Exile Prosecution Unit 77,500
(80) White Collar Crimes Prosecution Unit 6,200
Department of Labor, Licensing and Regulation
(81) Fire Academy 250,000
(82) Elevator & Amusement Ride Regulation 80,000
Department of Revenue
(83) Video Poker License Fee Refunds 9,000,000
State Ethics Commission
(84) Computer System 40,000
Forestry Commission
(85) Forest Resource Inventory 500,000
Total Appropriations $100,020,408
(B) The appropriations in subsection (A) of Section 2 of this part are contingent based on the availability of $100,043,037 in projected unobligated fiscal year 1999-2000 general fund revenues and are therefore listed in priority order beginning with item (1). Each separate item must be fully funded before the next item in order of priority until all items are paid or funds are unavailable from the amount specified, whichever occurs first. Unexpended funds appropriated pursuant to this Part may be carried forward to succeeding fiscal years and expended for the same purposes. Appropriations in this Part must be posted in fiscal year 2000-2001.
(C) This Section 2 takes effect July 1, 2000, but no appropriation in this section may be paid before the later of September 1, 2000, or the date the Comptroller General closes the state's books on fiscal year 1999-2000.
SECTION 3. From all other revenue sources identified in Section 1 of this Part other than item (1), there is appropriated or transferred for the fiscal year beginning July 1, 2000, and ending June 30, 2001, from the general fund of the State, the following sums for the purposes stated:
(1) General Reserve Fund Contribution 2,545,350
Empl Bfts
(2) Health Insurance - FY 2000-01 Rate Increase 10,225,000
(3) 401K Program 7,200,000
Department of Education
Teacher Quality & Retention:
(4) Deferred Compensation 10,000,000
(5) Health & Dental Benefits for Part-time Teachers 225,000
(6) Intervention - At-Risk District 1,000,000
(7) EAA Summer School & Comprehensive Remediation Program 4,000,000
(8) Transportation - Buses, Fuel & Parts 175,000
(9) Character Education 265,000
(10) Institute for Teachers of Government - Furman University 300,000
(11) K-12 Technology Initiative 16,500,000
(12) Gov's School for Arts 2,034,000
School for the Deaf and Blind
(13) Facility Maintenance and Accessibility & Safety Improvements 20,877
Commission on Higher Education
(14) LIFE Scholarships 13,331,958
(15) Access & Equity 500,000
(16) Competitive Research Grants 4,000,000
(17) EPSCOR 2,500,000
(18) GEAR-UP 1,000,000
(19) College & University Technology Initiative 3,978,000
Higher Education Tuition Grants
(20) Tuition Grants 500,000
(21) Student Legislature 15,000
Commission on Higher Education
(22) Academic Endowment Incentive 1,815,000
Clemson University
(23) Municipal Services 1,117,000
(24) Call Me MISTER Initiative 155,427
Total Appropriations $83,402,612
SECTION 1. The following provisions apply in the manner that the provisions in Part IB of the general appropriations act for fiscal year 2000-2001 apply:
(1) (DHHS: Commun-I-Care) Funds appropriated for Commun-I-Care must not be used for personal services.
(2) (DHEC: Permitted Site Fund) Upon approval by the Budget and Control Board, the South Carolina Department of Health and Environmental Control may expend funds as necessary from the permitted site fund established pursuant to 44-56-160(B)(1) for legal services related to environmental response, regulatory, and enforcement matters, including administrative proceedings and actions in state and all federal courts.
(3) (BCB/DO: Senior Prescription Drug Program) Funds appropriated for the Senior Prescription Program may be carried forward.
(4) (Buses, Parts, and/or Fuel) Funds appropriated for school bus purchases or other operating in program VII C- Bus Shops may be use to purchase buses, fuel, parts or other school bus related items.
(5) (Part-time Benefits) Teachers working less than thirty hours a week, but no less than fifteen hours a week, shall qualify for state health and dental insurance. The Budget and Control Board is directed to amend its 'Plan of Benefits' regarding fringe benefits to conform to the provisions of this section. Teachers and employers shall each contribute toward the cost of these benefits with the employer paying only that portion of the employer's normal cost which is attributable to the time the teacher is working, and the teacher shall pay all remaining costs. However, the employer's contribution shall be no less than half the normal cost.
(6) (GEAR-UP) Funds appropriated for GEAR-UP shall be used for state grants programs to reach disadvantaged middle school students to improve their preparation for college. Eligible South Carolina public schools and public institutions of higher education shall cooperate with the Commission on Higher Education in the provision of services under the Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP) grant.
(7) (Alston Wilkes Society) The Department of Probation, Parole and Pardon Services shall contract with the Alston Wilkes Society in the amount of $150,000 to provide temporary housing for offenders serving the conditions of supervision. The Department shall provide $100,000 in additional funds to the Alston Wilkes Society for facility maintenance and support.
(8) (Salary Supplements) Of the amount appropriated in this section for Clerks of Court, Probate Judges, and County Sheriffs, $4,725 shall be distributed by the Comptroller General to each County Treasurer, which shall be used as a $1,575 salary supplement for each Clerk of Court, Probate Judge and County Sheriff. The amounts appropriated in this section for Registers of Deeds shall be distributed by the Comptroller General to the appropriate County Treasurer, which shall be used as a $1,575 salary supplement for Registers of Deeds. The State shall pay $16,649 on the salary of each County Auditor and County Treasurer in addition to any amounts presently being provided by the county for these positions. It is the intent of the General Assembly that the amount appropriated by the county for these positions shall not be reduced as a result of the appropriation and that such appropriation shall not disqualify each County Auditor and each County Treasurer for salary increases that they might otherwise receive from county funds in the future. These salaries shall be paid in accordance with the schedule and method of payment established for state employees.
(9) (Professional Development) To ensure that state government employees are properly trained to achieve their mission, and courteously and effectively to serve the taxpayers, the funds appropriated for professional development must be used to provide a professional development training curriculum to achieve performance excellence based on criteria used for the Malcolm Baldrige National Quality Award. The program must have a common curriculum to include the philosophy, teamwork training, and problem-solving techniques that provide the foundation for success in meeting the Malcolm Baldrige criteria.
(10) (Out of Home Placement) The funds appropriated for Foster Care Payments-Teen Homes must be allocated for a rate increase for out of home placement providers.
(11) (Beach Restoration Fund) Of the funds appropriated for beach restoration, $1,700,000 must be used for the Hunting Island State Park beach renourishment/stabilization project.
(12) (Summerville Armory Infrastructure) Of the funds appropriated for Armory Maintenance, $150,000 must be used for the Summerville National Guard Armory Infrastructure.
(13) (Soil and Water Conservation Society) The Department of Natural Resources shall provide the amount appropriated on a one-time basis to the South Carolina Chapter of the Soil and Water Conservation Society to pay a portion of the cost associated with the society's national convention.
(14) (Pilot Drug Treatment Court Program) Of the funds appropriated for the Drug Court Program, at least $850,000 must be used for drug court grants and $500,000 must be used to establish and operate a pilot drug treatment court program in the Third Judicial Circuit. The Chief Justice has the sole authority to appoint the drug treatment court judges and to prescribe their powers, jurisdiction, and authority, which may include criminal and civil matters. A person appointed to serve as a drug treatment court judge may receive an annual stipend for this service in addition to reimbursement for mileage and other ordinary expenses. The Chief Justice may appoint a "Drug Court Commissioner" who does not have to be an attorney and who shall have the sole responsibility for establishing, operating, and maintaining this pilot project. The compensation for the position of Drug Court Commissioner must be equivalent to the salary of a family court judge. The Drug Court Commissioner shall appoint a local drug treatment court management committee for the Third Circuit. The purpose of this committee is to establish the guidelines and procedures necessary to operate and evaluate the drug treatment court subject to any administrative orders which the Chief Justice may issue regarding the drug treatment court.
The committee shall consist of the following members:
(1) at least two members of the judiciary;
(2) the Third Judicial Circuit solicitor or his designee;
(3) a Public Defender or Contract Public Defender from the Third Judicial Circuit as designated by the President of the South Carolina Public Defender's Association;
(4) a local law enforcement officer;
(5) a probation officer or community specialist;
(6) a representative of the Department of Alcohol and Other Drug Abuse Services;
(7) a representative of the Department of Social Services;
(8) a representative of the Department of Mental Health;
(9) the Drug Court Commissioner; and
(10) other persons selected by the committee.
Any funds associated with this pilot program which are not expended in this fiscal year may be retained and carried forward to the next fiscal year to be used for the same purposes as described in this paragraph.
(15) (Sustainable Universities Initiative) The funds appropriated for the sustainable universities initiative must be used to provide mini grants for colleges and universities, excluding Clemson University, the University of South Carolina, and the Medical University of South Carolina.
(16) (Waccamaw River Flood Plain Study) The State Budget and Control Board shall use the funds appropriated for the Waccamaw River Flood Plain Study, which may be applied as part of the state match that may be required by the Army Corps of Engineers, to correct any problems regarding the flood plain of the Waccamaw River.
(17)
(17) (Performance Excellence Program) In order to ensure the goal of the Governor, that Governor's Office and cabinet department employees are properly trained to achieve their mission, and courteously and effectively to serve the taxpayers, the funds appropriated for professional development are for a performance excellence program. The funds must be used to provide a professional development program to achieve performance excellence based on criteria used for the Malcolm Baldrige National Quality Award. The program shall have a common curriculum to include the philosophy, teamwork training, and problem-solving techniques that provide the foundation for success in meeting the Malcolm Baldrige criteria. (18)
(18) (Video Game License Refund) The Department of Revenue shall pay for the refund of any video game machine license fees from the supplemental appropriations that are provided for that purpose. Unexpended funds revert to the General Fund at the end of the fiscal year ending June 30, 2001. This reversion applies to all funds appropriated in this act for this purpose.
(19) (EAA - Intervention - At Risk Districts) Funds appropriated for Intervention - At-Risk Districts shall be designated for the attendance area which was a school district formerly declared impaired that has been incorporated into a consolidated school district.
(20) (Research Incentive Grant Program) Of the funds appropriated for the Research Incentive Grant Program, 10% of the total will be designated for use by the comprehensive teaching universities with the remainder designated for use by the research universities. Any unused funds may be distributed between the comprehensive teaching and the research universities as justified.
(21) (Rural Health Clinics) Of the monies appropriated for Provider Based Rural Health Clinics, funds to the extent available, shall be used to reimburse hospitals who owned or operated rural health clinics between August 20, 1993 and December 31, 1997 at 100% of Medicare reasonable costs as required by federal law for the operation of these rural health clinics as defined by the department, and any remaining funds shall be used for cost report adjustment.
(22) (PACE Medicaid Program) From the funds appropriated herein, an amount not to exceed $142,000 per month shall be used to transition Palmetto SeniorCare from federal research and demonstration status to Medicaid State Plan status. The funds are subject to the availability of matching funds from other federally approved resources for the provision of this service. Palmetto SeniorCare shall maintain an average daily census not to exceed 400 clients during the funding period. These funds are for such transition only and shall not be used for other entities wishing to pursue approval as a Program for All-inclusive Care for the Elderly (PACE) program. The department shall perform a study to determine the types of diagnoses and impairment levels of the clients served by the program and how the program fits in the Medicaid long-term care continuum. The department shall use, in part, the information from this study and shall develop a rate methodology which will result in a more cost effective rate for PACE and which is reflective of the population served. The department shall report to the House Ways and Means Committee, the Senate Finance Committee and the Governor no later than January 15, 2001. The funds appropriated herein shall be expended on a monthly basis provided Palmetto Health Alliance provides a monthly payment to the department not to exceed $167,000. If Palmetto Health Alliance fails to provide their monthly payment, state funds for Palmetto SeniorCare will be withheld.
(23) (Litter Program) The funds provided for a "Litter Program" in this section shall be expended based upon a plan that is developed in conjunction with the Governor's Task Force on Litter.
Budget and Control Board - Division of Budget and Analyses
(24) (Professional Development) To ensure that state government employees are properly trained to achieve their mission, and courteously and effectively to serve the taxpayers, the funds appropriated for professional development must be used to provide a professional development training curriculum to achieve performance excellence based on criteria used for the Malcolm Baldrige National Quality Award. The program must have a common curriculum to include the philosophy, teamwork training, and problem-solving techniques that provide the foundation for success in meeting the Malcolm Baldrige criteria.
(25) Reserved
(26) Reserved
(27) Reserved
(28) Reserved
(29) (SDE: EAA Summer School, Grades 3-8) Funds appropriated for summer school shall be allocated to each local public school district based on the number of academic subject area scores below the basic on the prior year Spring PACT administration for students in grades three through eight. However, for school year 2000-2001, individual student scores on the 2000 PACT shall not be the sole criterion used to determine whether a student on an academic plan the prior year will be placed on probation or retained. Individual student scores on the 2000 PACT shall not be the sole criterion for requiring students to attend summer school. School districts may consider other factors in placing students on academic probation or requiring summer school attendance . Students may not be placed on academic probation or retained based solely on the PACT 2000 test scores. Current year appropriations may be expended for prior year EAA summer school purposes. Local public school districts shall utilize these funds in accordance with the requirements of Section 59-18-500 of the 1976 Code.
(30) (Deferred Compensation) To the extent funds are appropriated, the State shall make contributions to deferred compensation plan accounts on behalf of permanent, full-time State employees who were employed and earned less than $20,000 per year as of July 1, 2000, in an amount and under the terms and conditions prescribed for such contributions by the State Budget and Control Board, without such employees making contributions to the deferred compensation plan.
(31) (BCB/DO: OIR - Wireless Communications Tower) The Budget and Control Board is directed to establish a central clearinghouse to coordinate and manage wireless communications tower and antenna space allocation within South Carolina state government and to support a statewide public safety communication system. The clearinghouse is authorized to: review and approve all leases and contractual agreements regarding space allocation of state owned communications towers and of existing communications antenna placed on state owned buildings; coordinate new communications tower construction or proposed antenna placement on any state owned property and review and approve all leases and contractual agreements regarding new tower construction or antenna placement; enter into sale or lease agreements for communications assets with a private entity in compliance with the state procurement process; and lease state owned property for the construction of communications towers. The clearinghouse must give primary consideration to ensuring that state tower and antenna assets are used in a manner consistent with the original agency construction plans for the site. Secondary consideration must be given to using state tower assets to support public safety communication systems. Tertiary consideration must be given to any other public sector use of these assets at the state, local, or federal level. Only after these priorities have been exhausted shall state assets be leased to a private vendor or used for construction of new sites. All proceeds from the lease of state owned communications towers, antennas, or property must be remitted to a separate fund to be used to create and support a statewide public safety communication system. For purposes of generating these revenues, the Budget and Control Board is authorized to solicit and enter into contracts on behalf of the state with private sector entities to utilize current tower sites and surrounding state owned property as well as to bind the state in licenses for these purposes at any additional state owned sites that may be identified in the future.
(32)(a) The General Assembly finds that it is appropriate to provide certain forms and levels of tax reduction when at the same time it has determined that every reasonable effort has been made and accomplished to fund, to the fullest extent possible, adequate and comprehensive programs in education and health care which are fundamental to progress, growth, and economic development. The General Assembly herein provides for a twenty percent reduction in the rate of sales tax imposed on the gross proceeds of sales, or the sale price of food items eligible for purchase with United States Department of Agriculture food coupons, beginning in January 1, 2001. Eighty percent of the revenues from sales taxes raised subsequent to imposition of the special sales tax rates provided by this section must be credited to the general fund of this State and used as sales taxes are used, and the remainder must be credited to the Education Improvement Act Fund. It is the further intent of the General Assembly that, provided the funds are authorized for the fiscal year in which the following schedule is eligible to be implement, and notwithstanding the rate of tax imposed pursuant to Chapter 36, Title 12 of the 1976 Code, the rate of tax imposed pursuant to that chapter on the gross proceeds of sales, or the sale price of food items eligible for purchase with United States Department of Agriculture food coupons, is four percent for sales from January 1, 2001, through December 31, 2001, three percent for such sales from January 1, 2002, through December 31, 2002, two percent for such sales from January 1, 2003, through December 31, 2003, one percent for such sales from January 1, 2004, through December 31, 2004, and on and after January 1, 2005, the gross proceeds of sales, or the sale price of food items eligible for purchase with United States Department of Agriculture food coupons shall be exempt from the tax imposed pursuant to Chapter 36, Title 12 of the 1976 Code.
(b) General fund appropriations for any fiscal year made for the support of the public school system of the State must be greater than or equal to the revenues that would have been derived from the general retail sales tax, if the exemption provided for herein had not been authorized, from the soft drinks tax, the state's portion of the alcoholic liquors tax and cable television fees as forecasted in the general fund revenue estimate of the Board of Economic Advisors. General fund revenues in an amount equal to the revenue that would have been derived from the sales tax if the exemption provided for herein had not been authorized for food items which may be purchased lawfully with USDA food coupons must be deposited from the state general fund by the Comptroller General to the Educational Improvement Act fund established in Section 59-21-1010 and for appropriations for the support of the public school system which shall include the following: Department of Education; State Board for Technical and Comprehensive Education, Educational Television Commission, Wil Lou Gray Opportunity School, School for the Deaf and the Blind, John de la Howe School, debt service on capital improvement bonds applicable to the above agencies, debt service on school bonds, and other school purposes provided by law. The revenue that would have been derived from the sales tax if the exemption provided for herein had not been authorized for food items which may be purchased lawfully with USDA food coupons shall nevertheless be considered as general retail sales tax revenue for purposes of this section.
TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE ADDITIONAL PROJECTS AND CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED HEREBY, AND TO PROVIDE THAT THE PROVISIONS OF SECTION 2-7-105 OF THE 1976 CODE DO NOT APPLY TO THE PROVISIONS OF THIS SECTION.
(A) Item (f) of Section 3 of Act 1377 of 1968, as last amended by Act 28 of 1999, is further amended by adding:
( 1) Department of Education
(a) Transportation - Buses 8,000,000
(b) Gov's School for Math & Science -
New Building 2,000,000
( 2) School for the Deaf & Blind
Herbert Center Renovation 1,000,000
( 3) Higher Education Institutions
(a) Citadel
Replace Padgett-Thomas Barracks 3,000,000
(b) Clemson
Civil Engineering/Textiles Building 6,000,000
Fike Wellness Center 2,000,000
(c) University of Charleston
Science Bldg. Renovation 4,000,000
School of the Arts Addition 3,000,000
(d) Coastal Carolina
Athletic Complex 4,000,000
Atlantic Center - Marine Science Program 200,000
(e) Francis Marion
Schools of Education and Business Bldg 750,000
(f) Lander
HVAC Repair and Upgrades 485,000
Math/Science Building 150,000
Genesis Hall - Renovation 125,000
Student Center Facility 3,000,000
(g) SC State
Lowman Hall Renovation 1,000,000
Deferred Maintenance 2,000,000
(h) USC- Columbia
Gibbes Green - LeConte College Renovation 3,000,000
School of Law - New Building 5,000,000
(i) USC - Aiken
Convocation Center 6,000,000
(j) USC - Spartanburg
New Library/Technology/Information Center 5,000,000
(k) USC - Beaufort
New River Facility 1,500,000
(l) USC - Salkehatchie
Campus Renovation 980,000
(m) USC - Sumter
Alice Drive Baptist Church - Acquisition 1,000,000
(n) Winthrop
Waterproofing/Roof Repair -
Rutledge Building 965,000
Window Replacement 1,540,000
Peabody Hall 2,000,000
(o) MUSC
College of Dental Medicine Building 6,300,000
( 4) Board for Technical and Comprehensive Education
(a) Equipment and Technology Infrastructure 4,900,000
(b) Aiken Tech - Chilled Water Plant Replacement 500,000
(c) Central Carolina Tech -Repair/Renovation Existing Facilities 500,000
(d) Chesterfield-Marlboro Tech -
Parking Area Renovation 125,000
(e) Denmark Tech - Renovation to Bldg 400 600,000
(f) Florence/Darlington Tech - New
Applied Manufacturing Center 2,000,000
(g) Greenville Tech - Industrial
Complex Renovation 1,500,000
(h) Horry-Georgetown Tech - Grand Strand
Campus Renov. 1,000,000
(i) Spartanburg Tech - Student Life Bldg. 3,000,000
(j) TEC of the Lowcountry -Bldg 8
Renovation/Code Compliance 1,191,000
(k) Midlands Tech - NE Classroom/Student
Serv. Bldg. 1,000,000
(l) Orangeburg-Calhoun Tech - Learning
Resource Cntr. Renov 500,000
(m) Piedmont Tech - Building Renovation 1,500,000
(n) Tri County Tech - Anderson, Mill,
and Pickens Halls 2,200,000
(o) Trident Tech - Industrial/Economic Dev. Renovation 3,500,000
(p)
(p) Williamsburg Tech - New Technology Building 1,000,000
(q) York Tech - Classroom Bldg/Chester County 1,000,000
( 5) Dept of Archives and History
(a) Old Exchange & Provost Dungeon 925,000
(b) Mary McLeod Bethune Homeplace
Replica (Mayesville) 225,000
(c) Willington Preservation 250,000
( 6) State Library
(a) Bamberg County Library 350,000
(b) McCormick County Library 800,000
( 7) State Museum
(a) Observatory/Planetarium/Theater 3,000,000
(b) Calhoun County Museum 1,000,000
( 8) Department of Health & Human Services
(a) Gaffney Senior Citizens Repairs (NR) 125,000
(b) Darlington Free Medical Clinic Repairs (NR) 50,000
(c) Edgefield County Senior Center 300,000
(d) Piedmont Agency on Aging 100,000
(e) Pee Dee Agency on Aging 1,500,000
(f) Children's Center in Orangeburg 175,000
(g) Bishopville Children's Center 50,000
( 9) Department of Health & Environmental Control
The Children's Center 525,000
(10) Department of Mental Health
(a) Columbia Area Mental Health
Center Construction 3,000,000
(b) Greer Mental Health Center 1,250,000
(11)Department of Disabilities & Special Needs
Lee County Disabilities & Special Needs 200,000
(12)Department of Alcohol & Other Drug Abuse Services
Clarendon County Alcohol & Drug Center 200,000
(13)Department of Commerce
(a) Columbia Convention Center 2,500,000
(b) Historical Greenville Foundation 2,000,000
(c) Lake Marion Regional Water Project 1,000,000
(d) Downtown Johnston Development 225,000
(e) Mayesville Downtown Revitalization 100,000
(f) Honea Path Water Tank 200,000
(g) Due West Water Project 500,000
(h) Ware Shoals Old Mill Project 500,000
(i) Midlands Film Initiative 1,000,000
(j) Johns Island Equestrian Cntr 500,000
(k) Upstate Work Camp 800,000
(14)Department of Public Safety
(a) Computer System 9,300,000
(b) Lower Richland Substation Sheriff's 100,000
(15)Department of Parks, Recreation & Tourism
(a) Palmetto Trails 100,000
(b) Saluda Resource Center 48,000
(c) Newberry Old Fire Center 30,000
(d) Greenwood Conference Center 1,000,000
(e) Fingerville Community Center 100,000
(f) Oconee Tourism Facility 50,000
(g) Sumter County Welcome Center 50,000
(h) Patriot Hall Complex 250,000
(i) Camp Woodie 100,000
(j) Musgrove Mill 125,000
(k) Lake Ashwood Facility 50,000
(l) Cannoneers Program 50,000
(m) Conway Community Development Project 100,000
(n) Hunley Restoration 1,000,000
(o) Heritage Corridor 2,000,000
(p) Old Jail Charleston 250,000
(r) Carver's Bay Resource Center 250,000
(16)Department of Labor, Licensing, Regulation
Chester Co Fire Training Center 125,000
TOTAL $138,439,000.
(B) Section 4 of Act 1377 of 1968, as last amended by Act 28 of 1999, is further amended to read:
"Section 4. The aggregate principal indebtedness on account of bonds issued pursuant to this act may not exceed $2,445,465,475.10 2,583,904,475. The limitation imposed by the provisions of this section does not apply to bonds issued on behalf of the Mental Health Commission as provided in Acts 1276 and 1272 of 1970 or to bonds issued on behalf of the Commission on Mental Retardation as provided in Act 1087 of 1970 or to bonds issued on behalf of the South Carolina Fire Academy. The limitation imposed by the provisions of this section is not considered to be an obligation of the contract made between the State and holders of bonds issued pursuant to this act, and the limitation imposed by the provisions of this section may be enlarged by acts amending it or reduced by the application of the Capital Reserve Fund or by amendments of this act. Within these limitations state capital improvement bonds may be issued under the conditions prescribed by this act."
(C) Notwithstanding any other provision of law, the provisions of Section 2-7-105 of the 1976 Code do not apply to the provisions of this section.
(D) No funds for the projects authorized in subsection (A) shall be released until January 1, 2001./
(B) Section 4 of Act 1377 of 1968, as last amended by Act 28 of 1999, is further amended to read:
"Section 4. The aggregate principal indebtedness on account of bonds issued pursuant to this act may not exceed $2,445,465,475.10 2,570,304,475. The limitation imposed by the provisions of this section does not apply to bonds issued on behalf of the Mental Health Commission as provided in Acts 1276 and 1272 of 1970 or to bonds issued on behalf of the Commission on Mental Retardation as provided in Act 1087 of 1970 or to bonds issued on behalf of the South Carolina Fire Academy. The limitation imposed by the provisions of this section is not considered to be an obligation of the contract made between the State and holders of bonds issued pursuant to this act, and the limitation imposed by the provisions of this section may be enlarged by acts amending it or reduced by the application of the Capital Reserve Fund or by amendments of this act. Within these limitations state capital improvement bonds may be issued under the conditions prescribed by this act."
(C) Notwithstanding any other provision of law, the provisions of Section 2-7-105 of the 1976 Code do not apply to the provisions of this section.
(D) No funds for the projects authorized in subsection (A) shall be released until January 1, 2001.
TO AMEND CHAPTER 1, TITLE 9, OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM, BY ADDING ARTICLE 17 SO AS TO ENACT THE TEACHER AND EMPLOYEE RETENTION INCENTIVE PROGRAM AND PROVIDE FOR ITS OPERATION; TO AMEND SECTIONS 9-1-1510 AND 9-1-1550, BOTH AS AMENDED, RELATING TO SERVICE RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REDUCE FROM THIRTY TO TWENTY-EIGHT THE YEARS OF CREDITABLE SERVICE REQUIRED TO RETIRE AT ANY AGE WITHOUT PENALTY; TO AMEND SECTIONS 9-1-1515, AS AMENDED, AND 9-1-1770, AS AMENDED, AND 9-1-1850, AS AMENDED, RELATING TO EARLY RETIREMENT OPTIONS, AND AMOUNTS DUE ESTATES OF DECEASED MEMBERS UNDER THE GROUP LIFE INSURANCE PLAN, SO AS TO PROVIDE THAT THE ELECTION OF A MEMBER WITH TWENTY-FIVE YEARS CREDITED SERVICE TO BUY SUFFICIENT CREDIT FOR SERVICE RETIREMENT APPLIES ONLY TO A MEMBER WHO TERMINATES BEFORE RETIREMENT AND MAKES BOTH EMPLOYER AND EMPLOYEE CONTRIBUTIONS FOR THE PERIOD REQUIRED FOR SERVICE RETIREMENT, UPDATE THE BENEFIT ELECTION OPTION ON THE INSERVICE DEATH OF A MEMBER TO REFLECT OTHER CHANGES SINCE ORIGINAL ENACTMENT AND MAKE TECHNICAL CORRECTIONS, AND TO CONFORM THESE OPTIONS AND BENEFITS TO SERVICE RETIREMENT AFTER TWENTY-EIGHT YEARS CREDITABLE SERVICE AT ANY AGE WITHOUT PENALTY AS PROVIDED IN THIS SECTION; TO AMEND SECTIONS 9-1-1810 AND 9-11-310, RELATING TO THE ANNUAL COST OF LIVING ADJUSTMENT AUTHORIZED FOR RETIREES AND BENEFICIARIES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND THE METHOD OF CALCULATING THE ADJUSTMENT, SO AS TO ELIMINATE ANY ADJUSTMENT IN EXCESS OF THE RATE OF INFLATION, TO DELETE OBSOLETE PROVISIONS, AND TO CONFORM IN BOTH SECTIONS REFERENCES TO THE CONSUMER PRICE INDEX USED IN CALCULATING THE COST OF LIVING ADJUSTMENT; BY ADDING SECTION 9-1-1615, SO AS TO PROVIDE FOR THE PAYMENT OF THE RETIREMENT BENEFITS OF A RETIRED MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM FOR THE MONTH IN WHICH THE RETIREE DIES; TO AMEND SECTION 9-1-1770, AS AMENDED, RELATING TO PRERETIREMENT AND POSTRETIREMENT BENEFITS OF MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE INSURANCE PAYMENTS ON BEHALF OF A DECEASED RETIRED MEMBER UNDER THE GROUP LIFE INSURANCE PROGRAM; TO AMEND SECTIONS 9-8-80, 9-9-80, AND 9-11-160, RELATING TO THE PAYMENT OF BENEFITS UNDER THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE FOR THE PAYMENT OF THE RETIREMENT BENEFITS OF A RETIRED MEMBER FOR THE MONTH IN WHICH THE RETIREE DIES; TO AMEND SECTION 9-11-120, AS AMENDED, RELATING TO PRERETIREMENT AND POSTRETIREMENT BENEFITS FOR MEMBERS OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE INSURANCE PAYMENTS ON BEHALF OF DECEASED RETIREES UNDER THE GROUP LIFE INSURANCE PROGRAM, AND TO REQUIRE PUBLIC SCHOOL TEACHERS RETIRING IN THE FIRST HALF OF 2001 TO PROVIDE NOTICE OF THEIR RETIREMENT TO THEIR EMPLOYERS NO LATER THAN SEPTEMBER 1, 2000, AND TO PROVIDE AN EXCEPTION.
A. 1. Chapter 1, Title 9 of the 1976 Code is amended by adding:
Section 9-1-2210. (A) An active contributing member who is eligible for service retirement under this chapter and complies with the requirements of this article may elect to participate in the Teacher and Employee Retention Incentive Program (program). A member electing to participate in the program retires for purposes of the system, and the member's normal retirement benefit is calculated on the basis of the member's average final compensation and service credit at the time the program period begins. The program participant shall agree to continue employment with an employer participating in the system for a program period, not to exceed five years. The member shall notify the system before the beginning of the program period. Participation in the program does not guarantee employment for the specified program period.
(B) During the specified program period, receipt of the member's normal retirement benefit is deferred. The member's deferred monthly benefit must be placed in the system's trust fund on behalf of the member. No interest is paid on the member's deferred monthly benefit placed in the system's trust fund during the specified program period.
(C) During the specified program period, the employer shall pay to the system the employer contribution for active members prescribed by law with respect to any program participant it employs, regardless of whether the program participant is a full-time or part-time employee, or a temporary or permanent employee. If an employer who is obligated to the system pursuant to this subsection fails to pay the amount due, as determined by the system, the amount must be deducted from any funds payable to the employer by the State.
(D) A program participant is retired from the retirement system as of the beginning of the program period. A program participant makes no further employee contributions to the system, accrues no service credit during the program period, and is not eligible to receive group life insurance benefits or disability retirement benefits. Accrued annual leave and sick leave used in any manner in the calculation of the program participant's retirement benefit is deducted from the amount of such leave accrued by the participant.
(E) A program participant is retired for retirement benefit purposes only. For employment purposes, a program participant is considered to be an active employee, retaining all other rights and benefits of an active employee and is not subject to the earnings limitation of Section 9-1-1790 during the program period.
(F) Upon termination of employment either during or at the end of the program period, the member must receive the balance in the member's program account by electing one of the following distribution alternatives:
(1) a lump-sum distribution, paying appropriate taxes; or
(2) to the extent permitted under law, a tax sheltered rollover into an eligible plan.
The member also must receive the previously determined normal retirement benefits based upon the member's average final compensation and service credit at the time the program period began, plus any applicable cost of living increases declared during the program period. The program participant is thereafter subject to the earnings limitation of Section 9-1-1790.
(G) If a program participant dies during the specified program period, the member's designated beneficiary must receive the balance in the member's program account by electing one of the following distribution alternatives:
(1) a lump-sum distribution, paying appropriate taxes; or
(2) to the extent permitted under law, a tax sheltered rollover into an eligible plan.
In accordance with the form of system benefit selected by the member at the time the program commenced, the member's designated beneficiary must receive either a survivor benefit or a refund of contributions from the member's system account.
(H) If a program participant fails to terminate employment with an employer participating in the retirement system within one month after the end of the specified program period, the member must receive the previously determined normal retirement benefits based upon the member's average final compensation and service credit at the time the program began, plus any applicable cost of living increases declared during the program period. The program participant is thereafter subject to the earnings limitation of Section 9-1-1790. The program participant also must receive the balance in the member's program account by selecting one of the following alternatives:
(1) a lump-sum distribution, paying appropriate taxes; or
(2) to the extent permitted under law, a tax sheltered rollover into an eligible plan.
(I) A member is not eligible to participate in the program if the member has participated previously in and received a benefit under this program or any other state retirement system."
2. The first paragraph of Section 9-1-1510 of the 1976 Code is amended to read:
"Any A member may retire upon written application to the board system setting forth at what time, not no more than ninety days prior before nor more than six months subsequent to after the execution and filing thereof of the application, he the member desires to be retired, if such the member at the time so specified for his the member's service retirement has: shall have attained the age of sixty years or shall have thirty or more years of creditable service and shall have separated from service and, if the time so specified is subsequent to the date of application, notwithstanding that, during such period of notification, he may have separated from service.
(1) five or more years of earned service;
(2) attained the age of sixty years or has twenty-eight or more years of creditable service; and
(3) separated from service."
3. Section 9-1-1515 of the 1976 Code, as amended by Act 100 of 1999, is further amended to read:
"Section 9-1-1515. (A) In addition to other types of retirement provided by this chapter, a member may elect early retirement if the member:
(1) has five or more years of earned service;
(2) who has attained the age of fifty-five years; and who
(3) has at least twenty-five years of creditable service; and
(4) has separated from service may elect early retirement. A member electing early retirement shall apply in the manner provided in Section 9-1-1510.
(B) The benefits for a member electing early retirement under this section must be calculated in the manner provided in Section 9-1-1550, except that in lieu of any other reduction factor, the member's early retirement allowance is reduced by four percent a year, prorated for periods less than one year, for each year of creditable service less than thirty twenty-eight. However, a member's early retirement allowance is not reduced if the member pays into the system, in a lump sum payment before the member's retirement, an amount equal to twenty percent of the member's earnable compensation or the average of the member's twelve highest consecutive fiscal quarters of compensation at the time of payment, whichever is greater, prorated for periods less than one year for each year of creditable service less than thirty. The member's retirement must occur not more than ninety days after the date of the payment.
(C) A member who elects early retirement under this section is ineligible to receive any cost-of-living increase provided by law to retirees until the second July first after the date the member attains age sixty; or the second July first after the date the member would have thirty twenty-eight years' creditable service had he not retired, whichever is earlier.
(D)(1) Except as provided in item (2) of this subsection, a member who elects early retirement under this section is not covered by the State Insurance Benefits Plan until the earlier of:
(a) the date the member attains age sixty, or
(b) the date the member would have thirty twenty-eight years' creditable service had he not retired.
(2) A member taking early retirement may maintain coverage under the State Insurance Benefits Plan until the date his coverage is reinstated pursuant to item (1) of this subsection by paying the total premium cost, including the employer's contribution, in the manner provided by the Division of Insurance Services of the State Budget and Control Board."
4. Section 9-1-1550 of the 1976 Code, as last amended by Act 189 of 1989, is further amended to read:
"Section 9-1-1550. (A) Upon retirement from service on or after July 1, 1964, a Class One member shall receive a service retirement allowance which shall consist of:
(1) An employee annuity which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement; and
(2) An employer annuity equal to the employee annuity allowable at the age of sixty-five years or at age of retirement, whichever is less, computed on the basis of contributions made prior to the age of sixty-five years; and
(3) If he has a prior service certificate in full force and effect, an additional employer annuity which must be equal to the employee annuity which would have been provided at age sixty-five or at age of retirement, whichever is less, by twice the contributions which he would have made during his entire period of prior service had the system been in operation and had he contributed thereunder during such entire period.
Upon retirement from service on or after July 1, 1989 December 31, 2000, a Class One member shall receive a service retirement allowance computed as follows: If the member's service retirement date occurs on or after his sixty-fifth birthday, or after he has completed thirty twenty-eight or more years of creditable service, the allowance must be equal to one and forty-five hundredths percent of his average final compensation multiplied by the number of years of his creditable service.
If the member's service retirement date occurs before his sixty-fifth birthday and before he completes thirty twenty-eight years of creditable service, his service retirement allowance is computed as above, but is reduced by five-twelfths of one percent thereof for each month by which his retirement date precedes the first day of the month, prorated for periods less than a month, coincident with or next following his sixty-fifth birthday.
Notwithstanding the foregoing provisions, any Class One member who retires on or subsequent to after July 1, 1976, shall receive not less than the benefit provided under the formula in effect before July 1, 1976.
(B) Upon retirement from service on or after July 1, 1989 December 31, 2000, a Class Two member shall receive a service retirement allowance computed as follows:
(1) If the member's service retirement date occurs on or after his sixty-fifth birthday or after he has completed thirty twenty-eight or more years of creditable service, the allowance must be equal to one and eighty-two hundredths percent of his average final compensation, multiplied by the number of years of his creditable service.
(2) If the member's service retirement date occurs before his sixty-fifth birthday and before he completes the thirty twenty-eight years of creditable service, his service retirement allowance is computed as in item (1) above but is reduced by five-twelfths of one percent thereof for each month, prorated for periods less than a month, by which his retirement date precedes the first day of the month coincident with or next following his sixty-fifth birthday.
(3) Notwithstanding the foregoing provisions, a Class Two member whose creditable service began before July 1, 1964, shall receive not less than the benefit provided by subsection (A) of this section.
(C) Any teacher or employee as defined in Section 9-1-10(3) and (4) who was a nonmember of the South Carolina Retirement System and who had attained age seventy-two prior to July 1, 1964, and who at the time of separation from service had rendered twenty or more years of employment which would otherwise have been considered creditable service under the terms of the South Carolina Retirement Act may establish such service and qualify for a retirement allowance from the Retirement System provided he does so on or before December 31, 1965.
(1) The employee and employer contributions which would have been made had such service been rendered as a member shall be paid at the then prevailing rates paid by other employees and employers of the South Carolina Retirement System.
(2) The retirement allowance provided by this section shall become effective as of the first day of the month in which such service is established."
5. The last paragraph of Section 9-1-1770 of the 1976 Code, as last amended by Act 412 of 1990, is further amended to read:
"Upon the death of a retired member on or after July 1, 1985 after December 31, 2000, there must be paid to the designated beneficiary or beneficiaries, if living at the time of the retired member's death, otherwise to the retired member's estate, a death life insurance benefit of one thousand dollars if the retired member had ten years of creditable service but less than twenty years, two thousand dollars if the retired member had twenty years of creditable service but less than thirty twenty-eight, and three thousand dollars if the retired member had at least thirty twenty-eight years of creditable service at the time of retirement, provided the retired member's most recent employer prior to retirement is covered by the Group Life Insurance Program."
6. Section 9-1-1810 of the 1976 Code is amended to read:
"Section 9-1-1810. As of the end of each calendar year commencing with the year ending December 31, 1969, the increase in the ratio of the Consumer Price Index to the index as of December 31, 1968, or the most recent prior December thirty-first subsequent thereto as of which an increase in retirement allowances was granted, must be determined, and if the increase equals or exceeds three four percent, the retirement allowance, inclusive of the supplemental allowances payable under the provisions of Sections 9-1-1910, 9-1-1920, and 9-1-1930, of each beneficiary in receipt of an allowance as of December 31, 1968, or the most recent December thirty-first subsequent thereto as of which an increase was granted, must be increased by four percent. If the increase in the index is less than three four percent, the retirement allowance, inclusive of supplemental allowances, all as determined above, must be increased by a percentage equal to the increase in the index. The increase in retirement allowances shall commence commences the July first immediately following the December thirty-first that the increase in ratio was determined. Beginning with the calendar year ending December 31, 1981, and all increases in retirement allowances must be granted to these beneficiaries in receipt of a retirement allowance on July first immediately preceding the effective date of the increase. Any increase in allowances after the first five increases shall become is effective only if the additional liabilities on account because of the increase in allowances do not require an increase in the total employer rate of contribution. Any increase in allowance granted hereunder pursuant to this section must be included in the determination of any subsequent increases, irrespective of any subsequent decrease in the Consumer Price Index.
The allowance of a surviving annuitant of a beneficiary whose allowance is increased under this section must, when and if payable, be increased by the same percent.
For purposes of this section, 'Consumer Price Index' means the Consumer Price Index for Wage Earners and Clerical Workers, as published by the United States Department of Labor, Bureau of Labor Statistics."
7. Section 9-1-1850 of the 1976 Code, as last amended by Act 420 of 1994, is further amended to read:
"Section 9-1-1850. (A)(1) A member who has at least twenty-five years of creditable service in any retirement system provided in this title may elect to receive up to five years of additional service credit as though the additional service credit were rendered by the member as an employee or member by paying into the member's retirement system the amount provided in this item. The required amount is determined by multiplying the member's current salary or the highest fiscal year salary in the member's work career, whichever is greater, by the percentage provided in this item and multiplying the result by the number of years credited, prorated for periods less than one year. The applicable percentage of salary to calculate the payment allowed pursuant to this subsection is as follows:
Years to be Credited Percentage of Salary
(a) not more than one year 58 percent
(b) over one year but not more than two years 54 percent for each year
(c) over two years but not more than three years 50 percent for each year
(d) over three years, but not more than four years 46 percent for each year
(e) over four years 42 percent for each year
(2) The member also shall pay the employer and employee cost for health and dental insurance for a time period equal to the period of service credit purchased, or until the date the member attains age sixty, at which time the member becomes eligible for employer-paid health and dental insurance.
(3) Any service credit purchased under this subsection qualifies the member for retirement and the member must retire within ninety days after the purchase.
(B) As an alternative to the option provided in subsection (A) the A member, if he who has at least twenty-five years of creditable service, may elect to receive up to five three years of additional service credit as though the additional service credit were rendered by him the member as an employee or member upon paying into his the member's retirement system, during the ensuing number of years he the member wishes to purchase in the manner the Comptroller General shall direct, the employer and employee contributions that would be due for the position that he the member presently holds at the salary level in effect during those years. If the position is consolidated or eliminated after the member's retirement, he the member shall pay the employer and employee contributions during the remaining required years at a level equal to what these contributions were for the position before its consolidation or elimination. The member also shall pay the employer and employee cost for health and dental insurance in effect during the ensuing years the member wishes to purchase. The additional service credit qualifies the member for retirement and the member must retire terminate employment within ninety days subsequent to after electing the option provided by subsection (B) this section. The salary level of the position the member presently holds, during the ensuing years the member pays the employer and employee contributions, is attributable to the member for purposes of determining the member's average final compensation.
The retirement benefits of the member shall not commence until the time benefits would have been paid when the member had completed thirty twenty-eight years of service.
The option allowed by this section cannot be exercised if the member has purchased nonqualified service pursuant to Section 9-1-1140(E)."
8. Section 9-11-310 of the 1976 Code is amended to read:
"Section 9-11-310. As of the end of each calendar year commencing with the year ending December 31, 1974, the increase in the ratio of the Consumer Price Index to such the index as of December 31, 1973, or the most recent prior December thirty-first subsequent thereto as of which an increase in retirement allowances was granted, must be determined, and if the increase equals or exceeds three four percent, the retirement allowance, exclusive of any part thereof derived from accumulated additional contributions, of each beneficiary in receipt of an allowance as of December 31, 1973, or the most recent December thirty-first subsequent thereto as of which an increase was granted, must be increased by four percent. If the increase in the index is less than three four percent, the retirement allowances, as determined above, must be increased by a percentage equal to the increase in the index. The increase in retirement allowances must commence commences the July first immediately following the December thirty-first that the increase in ratio was determined.
Beginning with the calendar year ending December 31, 1981, all All increases in retirement allowances must be granted to those beneficiaries in receipt of a retirement allowance on July first immediately preceding the effective date of the increase. The increase in allowances after the first five such increases shall become is effective only if the additional liabilities on account of the increase in allowances do not require an increase in the employer rate of contribution. Any increase in allowance granted hereunder pursuant to this section is permanent, irrespective of any subsequent decrease in the Consumer Price Index, and must be included in determining any subsequent increase.
The allowance of a surviving annuitant of a beneficiary whose allowance is increased under this section, must, when and if payable, must be increased by the same percent.
For purposes of this section, 'Consumer Price Index' means the Consumer Price Index (all items-United States city average), for Wage Earners and Clerical Workers as published by the United States Department of Labor, Bureau of Labor Statistics."
9. Notwithstanding the general effective date of this act, this subsection takes effect January 1, 2001.
B. 1. Article 13, Chapter 1, Title 9 of the 1976 Code is amended by adding:
"Section 9-1-1615. All retirement allowances are payable in monthly installments. Upon the death of a retired member, the retirement allowance for the month the retired member died, if not previously paid, must be paid to the member's designated beneficiary, if the beneficiary is living at the time of the member's death, otherwise to the member's estate. If the retired member elected a survivor option pursuant to the optional forms of allowances in Section 9-1-1620, any allowance payable to a survivor beneficiary commences in the month after the death of the retired member."
2. Section 9-1-1770 of the 1976 Code, as last amended by Act 458 of 1996, is further amended by adding a new undesignated paragraph at the end to read:
"Upon the death of a retired member after June 30, 2000, the life insurance benefit otherwise due the member's beneficiary, beneficiaries, or estate under the above paragraph is increased as follows: one thousand dollars is increased to two thousand dollars; two thousand dollars is increased to four thousand dollars; and three thousand dollars is increased to six thousand dollars."
3. Section 9-8-80 of the 1976 Code is amended to read:
"Section 9-8-80. All retirement allowances shall be are payable in monthly installments ceasing with the last payment prior to death except for the spouse entitlement. If a member of the System has elected the optional form of allowance those provisions shall apply. Upon the death of a retired member, the retirement allowance for the month the retired member died, if not previously paid, must be paid to the member's spouse, or if the member designated a nonspouse beneficiary or beneficiaries, then to the nonspouse beneficiary or beneficiaries living at the time of the member's death, otherwise to the estate of the member. A spouse's entitlement to a benefit pursuant to Section 9-8-110 commences in the month after the retired member's death. If the retired member elected a survivor option pursuant to the optional retirement allowances in Section 9-8-70, any allowance payable to a survivor beneficiary or beneficiaries commences in the month after the death of the retired member."
4. Section 9-9-80 of the 1976 Code is amended to read:
"Section 9-9-80. All retirement allowances shall be are payable in monthly installments ceasing with the last payment prior to death; provided, that if a member of the System has elected an optional allowance the provisions thereof shall apply. Upon the death of a retired member, the retirement allowance for the month the retired member died, if not previously paid, must be paid to the member's designated beneficiary, if the beneficiary is living at the time of the member's death, otherwise to the estate of the member. If the retired member elected a survivor option pursuant to the optional forms of allowances in Section 9-9-70, any allowance payable to a survivor beneficiary commences in the month after the death of the retired member."
5. The last paragraph of Section 9-11-120 of the 1976 Code, as amended by Act 170 of 1991, is further amended to read:
"Upon the death of a retired member on or after July 1, 1985 2000, there must be paid to the designated beneficiary or beneficiaries, if living at the time of the retired member's death, otherwise to the retired member's estate, a death life insurance benefit of two thousand dollars if the retired member had ten years of creditable service but less than twenty years, three four thousand dollars if the retired member had twenty years of creditable service but less than thirty twenty-five, and four six thousand dollars if the retired member had at least thirty twenty-five years of creditable service at the time of retirement, provided if the retired member's most recent employer prior to retirement is covered by the Group Life Insurance Program."
6. Section 9-11-160 of the 1976 Code is amended to read:
"Section 9-11-160. All retirement allowances shall be are payable in monthly installments ceasing with the last payment prior to death, provided that if a member has elected an optional allowance the provisions thereof shall apply. Upon the death of a retired member, the retirement allowance for the month the retired member died, if not previously paid, must be paid to the member's designated beneficiary, if the beneficiary is living at the time of the member's death, otherwise to the member's estate. If the retired member elected a survivor option pursuant to the optional forms of allowances in Section 9-11-150, any allowance payable to a survivor beneficiary commences in the month after the death of the retired member."
7. Notwithstanding the general effective date of this act, this subsection takes effect July 1, 2000.
C. All local school district classroom teachers must provide to their employer notice of their intent to retire after December 31, 2000, and before the end of the 2000-2001 school year. This notification must be submitted in writing no later than September 1, 2000. Employees electing to retire from the retirement system but choosing to stay employed under the Teacher and Employee Retention Incentive Program are exempt from this requirement. /
TO AMEND SECTION 59-149-10 OF THE 1976 CODE, RELATING TO LIFE SCHOLARSHIPS, INCLUDING THE ANNUAL AMOUNTS THEREOF, SO AS TO INCREASE FROM TWO THOUSAND DOLLARS A YEAR TO THREE THOUSAND DOLLARS A YEAR, THE MAXIMUM AMOUNT OF SUCH SCHOLARSHIPS FOR ELIGIBLE STUDENTS ATTENDING FOUR-YEAR PUBLIC OR INDEPENDENT INSTITUTIONS, AND TO INCREASE THE AMOUNT OF SUCH SCHOLARSHIPS THAT ELIGIBLE STUDENTS ATTENDING TWO-YEAR PUBLIC OR INDEPENDENT INSTITUTIONS, INCLUDING STATE TECHNICAL COLLEGES MAY RECEIVE FROM A MAXIMUM OF ONE THOUSAND DOLLARS A YEAR TO THE COST OF TUITION FOR THIRTY CREDIT HOURS A YEAR, AND TO PROVIDE THESE INCREASES BEGIN WITH SCHOOL YEAR 2000-2001.
Section 59-149-10 of the 1976 Code, as added by Act 418 of 1998, is amended by adding a new subsection (D) to read:
"(D) Beginning with school year 2000-2001, the annual amount of a LIFE Scholarship for eligible resident students attending a four-year public or independent institution as defined herein is increased from the cost of attendance up to a maximum of two thousand dollars a year to the cost of attendance up to a maximum of three thousand dollars a year, and the annual amount of a LIFE Scholarship for eligible resident students attending a two-year public or independent institution as defined herein which includes state technical colleges is increased from the cost of attendance up to a maximum of one thousand dollars a year to the cost of tuition for thirty credit hours a year or its equivalent. Tuition for this purpose means the amount charged for registering for credit hours of instruction and shall not include other fees, charges, or costs of textbooks."
TO AMEND THE 1976 CODE BY ADDING SECTION 59-1-470, SO AS TO PROVIDE FOR THE DISTRIBUTION BY THE STATE DEPARTMENT OF EDUCATION TO SCHOOL DISTRICTS OF STATE-APPROPRIATED FUNDS FOR EMPLOYER MATCHING CONTRIBUTIONS TO EMPLOYEES PARTICIPATING IN DEFERRED COMPENSATION PLANS, TO PROVIDE A MAXIMUM THREE HUNDRED DOLLAR MATCHING CONTRIBUTION, AND TO PROVIDE THOSE DISTRICT EMPLOYEES ELIGIBLE TO RECEIVE MATCHING CONTRIBUTIONS.
Article 5, Chapter 1, Title 59 of the 1976 Code is amended by adding:
"Section 59-1-470. Funds appropriated by the General Assembly for a deferred compensation employer matching contribution must be distributed by the State Department of Education to school districts for the purpose of providing an employer matching contribution for eligible school district employees making contributions to deferred compensation plans offered by the South Carolina Deferred Compensation Commission or other approved and qualified plans of other providers. These funds must be distributed in a manner consistent with the provisions of Section 8-23-110. The employer matching contribution by the school district may not exceed three hundred dollars for each eligible employee a year. Individuals eligible for the matching contribution must be classified as required in Section 9-20-20, the Optional Retirement Program for Teachers and School Administrators."
TO AMEND CHAPTER 122, TITLE 44 OF THE 1976 CODE, AS AMENDED, RELATING TO THE COUNTY GRANTS FUND FOR ADOLESCENT PREGNANCY PREVENTION INITIATIVES, SO AS TO FURTHER PROVIDE FOR THE ADMINISTRATION AND DISTRIBUTION OF MONIES APPROPRIATED TO THE GRANTS FUND, TO REQUIRE REGULAR EVALUATIONS OF PROJECTS RECEIVING MONIES FROM THE GRANTS FUND, AND TO PROVIDE FOR TECHNICAL REVISIONS RELATING TO THE COUNTY GRANTS FUND PROGRAM.
A. Chapter 122, Title 44 of the 1976 Code, as added by Act 419 of 1998, is further amended to read:
"Section 44-122-10. As used in this chapter:
(1) 'Adolescent' means an individual nineteen years of age and under.
(2) 'Contractor' means a public or private agency or organization receiving money from the fund.
(3) 'County government' means the governing body of a county or the organization or agency in a county that has been designated pursuant to Section 44-122-30(C) to assume the duties and responsibilities assigned to county governments.
(4) 'Department' means the South Carolina Department of Social Services. In reference to a specific decision to be made or report to be submitted, 'department' means the State Director of the South Carolina Department of Social Services (DSS).
(5) 'Initiative' means a local program or project funded by a county or consortium of counties pursuant to this chapter. If a consortium is formed, a lead county must be designated to serve as fiscal agent to DSS.
(6) 'Short term outcomes' means the intermediate results that a particular adolescent pregnancy prevention intervention is likely to produce including, but not limited to, increased knowledge, behavior change, or delays or reductions in sexual activity.
(7) 'Long term outcome' means the measurable reduction in the rate of adolescent pregnancy for a specific target population or defined geographic area.
(8) 'Primary pregnancy prevention' means prevention of first pregnancy.
(9) 'Fund' means the County Grants Fund for Adolescent Pregnancy Prevention Initiatives created by this chapter.
(10) 'Local interagency council' means an organized group of representatives of public and private agencies in the county with functions related to youth development.
Section 44-122-20. (A) There is established the County Grants Fund for Adolescent Pregnancy Prevention Initiatives. The fund must be administered by the department and county governments as provided in this chapter. The purpose of the fund is to support local efforts to prevent early sexual activity and to measurably reduce the rate of adolescent pregnancy in each county and in the State and to ensure that these efforts reflect local community values.
(B) Any program components funded by federal Temporary Assistance for Needy Families (TANF) dollars are subject to TANF reporting requirements and federal fiscal accountability requirements. The department shall amend the South Carolina Temporary Assistance for Needy Families (TANF) Block Grant State Plan as required by federal law to govern expenditures of federal TANF dollars.
Section 44-122-30. (A) Ten percent of the money appropriated annually to the fund by the General Assembly is to be used by the department to evaluate the effectiveness of each initiative and the fund as specified in Section 44-122-60. The remaining money must be distributed by the department to each county government in the following manner:
(1) fifteen percent of the money appropriated must be allocated evenly among all counties;
(2) fifteen percent of the money appropriated must be allocated to counties based on the size of their adolescent population;
(3) twenty percent of the money appropriated must be allocated to counties based on their rate of adolescent pregnancy;
(4) forty percent of the funds appropriated must be allocated to counties based on their number of adolescent pregnancies.
A county government may retain up to five percent of the money it receives to cover the actual costs of administering the fund. All other funds must be allocated for initiatives mainly focused on primary pregnancy prevention. Money must be allocated by the county within two years of receipt.
(B) Money appropriated to the fund must not be used for:
(1) purchase of inpatient care;
(2) purchase or improvement of land;
(3) purchase, construction, or permanent improvement of any building or other facility;
(4) purchase of any item of major equipment costing over two thousand dollars;
(5) transportation to or from abortion services;
(6) abortions; or
(7) provision of goods or services anything of monetary value to a participant in a local project or initiative that exceeds fifty dollar per participant per year; counseling and guidance may be provided as well as any service of nonmonetary value are exempt from the fifty dollar limit.
(C) If the governing body of a county chooses not to assume the responsibilities and duties assigned to county governments by this chapter:
(1) the governing body may designate an agency or organization to assume those responsibilities and duties; or
(2) in the absence of designation by the governing body, the department may designate another agency or organization within the county to assume those responsibilities and duties.
(D) If a county government uses money it receives pursuant to subsection (A) in a manner not expressly authorized by this chapter, the department may designate another agency or organization within the county to assume those responsibilities and duties, or reallocate that county's funds among compliant counties in accordance with the formula prescribed in subsection (A).
(E) If a county fails to fund an initiative during any fiscal year, the funds allocated to that county shall be reallocated in the following year, in accordance with the formula prescribed in subsection (A).
(F) Funds allocated subsequent to the 1998 appropriation will be subject to the following conditions: (1) New initiatives and initiatives receiving continuation of funds beyond the third year must incorporate either a nationally recognized best practices model for teen pregnancy prevention, or a model that has demonstrated a record of local success in reducing adolescent pregnancy or the risk factors that contribute to adolescent pregnancy in South Carolina during the previous funding period as reflected in the evaluation or the summary progress reports.
(G) The department, on recommendation of the evaluator, will determine if the conditions described above are met before the department disseminates new funds or continuation of funds beyond the third year, in accordance with Section 44-122-30(A).
(H) Funding for an initiative shall be terminated if the evaluator notifies the department and the county government that an initiative substantially deviates from the approved project design, including timelines.
Section 44-122-40. (A) A local public or private agency or organization or combination of these agencies and organizations may apply to the county government for an allocation of funds to operate an adolescent pregnancy prevention initiative. All initiatives funded by the county government pursuant to this chapter shall emphasize premarital sexual abstinence and male responsibility. All applications must meet the following minimum standards for consideration:
(1) Each initiative must have a plan of action for prevention of adolescent pregnancy that extends for at least five years. The proposal must include convincing evidence of a direct link between project activities and the reduction of adolescent pregnancy in the target population.
(2) Each initiative must have realistic, specific, and measurable goals, objectives, timelines, and budget for the prevention of adolescent pregnancy.
(3) The proposal must include a description of the method for collecting and reporting the data required by the department to evaluate the effectiveness of the initiative as specified in Section 44-122-60. Each initiative, before submitting its proposal, must send a representative to the evaluation standards workshop sponsored by the department.
(B) Continuation of funding for a local teen pregnancy prevention initiative is contingent upon:
(1) successful evaluation of the effectiveness of the contractor's performance in achieving its short term outcomes within the first two years of receiving money and in achieving the fund's long term outcome by the end of the third year of receiving money; and
(2) the contractor updating information concerning the nature of the problem in its target population, available resources, and potential barriers to success, with appropriate changes in the initiative's goals, objectives, timeliness, and budget.
Section 44-122-50. (A) The Department of Social Services shall:
(1) disburse the funds pursuant to Section 44-122-60, upon receiving notification from the county government that a contractor has been selected and determining that the contract and the process by which it was awarded are in compliance with federal requirements monitor the statewide administration of the fund;
(2) evaluate the success of the initiatives funded under this chapter, as required by Section 44-122-60;
(3) analyze all available information and report to the Governor and the General Assembly on the effectiveness of the fund in measurably reducing the rate of adolescent pregnancy in the State. These reports must be made annually, with the first report due three years after the first distribution of funds pursuant to Section 44-122-30(A); and
(4) provide to each county government specific criteria required by this chapter.
(B) County governments shall:
(1) oversee and administer funds distributed to the county pursuant to Section 44-122-30(A). To access funds, the county government shall submit to the department the identity of the contractor, the amount of the contract, and a copy of the proposal;
(2) choose from among the applicants that meet the minimum standards recommended by the inter-agency council for the county or select an appropriate applicant if no inter-agency council exists. Nothing in this act requires the establishment of an inter-agency council;
(3) develop additional criteria in addition to those stated herein or established by the department, as necessary, to meet specific local needs; and
(4) monitor contractors' progress in meeting stated goals, objectives, and timeliness.
(C) Local interagency councils shall review applications for an allocation of funds and recommend to the county government those applications that meet the standards and criteria as stated herein or established by the department or the county government. If no local interagency council exists in a county, the county government shall determine whether applications meet the standards and criteria.
(CD) Contractors shall:
(1) comply with reporting, contracting, and evaluation requirements of the county government and the department;
(2) define and maintain cooperative ties with other community institutions;
(3) coordinate and collaborate with other community entities, including county Teen Companion Programs, that have an interest in positive youth development and adolescent risk behavior reduction;
(4) obtain approval from the county government and the department insofar as compliance with federal regulations is concerned before making changes in program goals, objectives, and target populations; and
(5) before the beginning of each fiscal year, submit to the county government for approval a budget of planned expenditures, and at the end of each fiscal year, render an accounting of expenditures to the county government.
(6) submit bi-annual summary program progress reports to the county government and the local interagency council, with copies to the department and the evaluator, beginning January 1, 2001, describing the status of the project and developments during the preceding six months.
(DE) The Department of Health and Environmental Control shall:
(1) provide technical assistance and training to county governments and contractors, as needed, related to adolescent pregnancy prevention issues; and
(2) if a community health assessment has been conducted in a county, share information with county governments, contractors, and program applicants about the nature of the problem, available resources, and potential barriers to the development of teen pregnancy prevention projects and activities.
Section 44-122-60. An evaluation must be conducted by a firm or individual external to the department, on a schedule to be determined by the department and must assess the effectiveness of each initiative in meeting its short and long term outcomes. The evaluator will also assess adherence to national best practice models as well as fidelity to program design and delivery of services, and other indicia of success in reducing adolescent pregnancy and the risk factors that contribute to adolescent pregnancy. Evaluation standards must be consistent across all initiatives. The evaluation also must assess the effectiveness of each county government's efforts in measurably reducing the rate of adolescent pregnancy for the county. These efforts include administration of the fund and selection and oversight of contractors."
TO AMEND SECTION 20-7-670, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DEPARTMENT OF SOCIAL SERVICES' AUTHORITY TO INVESTIGATE ABUSE AND NEGLECT IN RESIDENTIAL INSTITUTIONS AND FOSTER HOMES, SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES, INSTEAD OF THE OMBUDSMAN OF THE OFFICE OF THE GOVERNOR, SHALL INVESTIGATE AN ALLEGATION OF ABUSE OR NEGLECT OF A CHILD WHERE THE CHILD IS IN THE CUSTODY OF, OR A RESIDENT OF, A PUBLIC OR PRIVATE HEALTH FACILITY, INSTITUTION, OR AGENCY LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR OPERATED BY THE DEPARTMENT OF MENTAL HEALTH; AND TO AMEND SECTION 1A OF JOINT RESOLUTION 157 OF 1997, AS AMENDED, RELATING TO A PILOT CHILD PROTECTIVE SERVICES SYSTEM WHICH ALLOWS THE DEPARTMENT OF SOCIAL SERVICES TO DIVERT CHILD ABUSE AND NEGLECT CASES TO AN ASSESSMENT TRACK RATHER THAN FOLLOWING NORMAL PROTOCOL WHEN CERTAIN MORE SERIOUS FORMS OF ALLEGED ABUSE OR NEGLECT ARE NOT PRESENT, SO AS TO INCREASE THE NUMBER OF COUNTIES IN THE PILOT SYSTEM AND TO PROVIDE THAT THE NEWEST COUNTIES ADDED NEED NOT BE INCLUDED IN THE EVALUATION.
A. Section 20-7-670 of the 1976 Code, as last amended by Act 132 of 1997, is further amended to read:
"Section 20-7-670. (A) The Department of Social Services is authorized to receive and investigate reports of abuse and neglect in residential institutions and foster homes. In no case does the Department of Social Services have responsibility for investigating allegations of abuse and neglect in institutions operated by the Department of Social Services.
(B) The Department of Social Services is authorized to receive and investigate reports of abuse and neglect occurring in foster homes supervised by or recommended for licensing by the department or by child placing agencies to determine whether the report is indicated or unfounded. Indicated reports must be based upon a finding that abuse or neglect is supported by a preponderance of the evidence available to the department. The determination that a report is indicated may be appealed, as provided in Section 20-7-655. Responsibility for investigating the department's foster homes must be assigned to a unit or units not responsible for selecting or licensing its foster homes.
(C) The department shall promulgate regulations consistent with this authority. The regulations shall cover at a minimum investigation of reports, notice to the institutions and sponsoring agencies, and remedial action.
(D) The State Law Enforcement Division is authorized to receive and investigate reports of institutional abuse and neglect alleged to have occurred in any institution or foster home operated by the Department of Juvenile Justice and any institution or day care facility operated by the Department of Social Services. The State Law Enforcement Division may promulgate regulations consistent with this authority to receive and investigate these reports and take remedial action, if necessary.
(E) The Department of Social Services may initiate proceedings in the circuit court to enjoin the operations of a foster home, an institution, or a child placing agency or to require other corrective action if necessary for the safety of the children. The department shall take whatever steps it considers necessary to inform potential reporters of abuse and neglect of its responsibilities under this section.
(F) Notwithstanding the provisions of subsection (A) or any other provision of this article, the The Department of Social Services may not must investigate an allegation of abuse or neglect of a child where the child is in the custody of or a resident of a public or private health facility, institution, or agency residential treatment facility or Intermediate Care Facility for the mentally retarded licensed by the Department of Health and Environmental Control or operated by the Department of Mental Health. These allegations of abuse and neglect must be investigated by the ombudsman of the Office of the Governor pursuant to Article 1, Chapter 35, Title 43, and Chapter 38, Title 43.
(G) The Department of Social Services has access to facilities for the purpose of conducting investigations and has authority to request and receive written statements, documents, exhibits, and other information pertinent to an investigation including, but not limited to, hospital records. The appropriate officials, agencies, departments, and political subdivisions of the State must assist and cooperate with the court and the Department of Social Services in furtherance of the purposes of this section.
(H) The Department of Social Services may file with the family court an affidavit and a petition to support issuance of a warrant at any time during an investigation. The family court must issue the warrant if the affidavit and petition establish probable cause to believe the child is an abused or neglected child and that the investigation cannot be completed without issuance of the warrant. The warrant may authorize the department to interview the child, to inspect the premises of the child, to inspect the premise where the child may be located or may reside, and to obtain copies of medical, school, or other records necessary for investigation of the allegations of abuse or neglect.
(I) When the investigation performed pursuant to this section results in a determination that an individual has harmed a child or threatened a child with harm, as defined in Section 20-7-490, the name of that individual immediately must be entered immediately in the Central Registry of Child Abuse and Neglect. The department must notify the individual in writing by certified mail that his name has been entered in the registry, of his right to request an appeal of the decision to enter his name in the registry, and of the possible consequences to ramifications regarding future employment and licensing if he allows his name to remain in the registry. The procedures set out forth in Section 20-7-655 apply when an individual challenges the entry of his name in the registry, and challenges of the entry in the registry pursuant to this subsection must be given expedited review in the appellate process."
B. Section 1A of Joint Resolution 157 of 1997, as amended by Act 104 of 1999, is further amended to read:
"(A) The Department of Social Services is authorized to establish in one region or up to six twelve counties of the State a pilot child protective services system as set forth in this joint resolution. The pilot shall commence no sooner than January 1, 1998, and no later than January 1, 1999. It shall continue for three years after it is commenced and until the conclusion of the next legislative session thereafter. Counties which are added to the pilot project more than one year after the commencement of the pilot project need not be included in the evaluation of the project. The pilot will test a child protection system that acknowledges the different intervention needs of families by providing for a family assessment track instead of normal protocol in certain cases. For purposes of this pilot, the definitions of child abuse and neglect and related terms as contained in Section 20-7-490 of the 1976 Code apply and nothing in this joint resolution may be construed to expand the jurisdiction of the department. It is the intent of the General Assembly that an alternative manner of intervention be developed that diminishes the need for family court involvement but does not increase the number of families receiving child protective service interventions. Provisions of Chapter 7, Title 20 of the 1976 Code that do not conflict with the provisions of this joint resolution apply to the pilot."
Except where otherwise stated, this act takes effect July 1, 2000./
Amend title to conform.
The Honorable John Land III The Honorable Robert Harrell, Jr. The Honorable Nikki Setzler The Honorable Richard Quinn, Jr. The Honorable Thomas Moore The Honorable Mark Kelley On Part of the Senate. On Part of the House.
Rep. KIRSH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Bales Barfield Bowers Brown, H. Brown, J. Brown, T. Carnell Chellis Clyburn Cooper Dantzler Edge Emory Fleming Frye Gourdine Harrell Harvin Hayes Hines, M. Hinson Hosey Huggins Inabinett Jennings Kelley Kennedy Klauber Knotts Koon Law Leach Limehouse Littlejohn Lourie Lucas Martin McCraw McGee McLeod, M. McLeod, W. Neal, J.M. Neilson Ott Pinckney Quinn Rhoad Riser Rodgers Sandifer Seithel Smith, J. Smith, R. Trotter Webb Whatley Wilder Wilkes Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
Barrett Campsen Cato Cotty Davenport Delleney Easterday Gamble Hamilton Hines, J. Kirsh Maddox McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Perry Phillips Rice Robinson Rutherford Sheheen Simrill Stille Stuart Taylor Tripp
So, the Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
I could not vote to grant free conference powers to the Conference Committee on H. 3649. While H. 3649 included the temporary proviso language to reduce the sales tax on grocery items by one cent from 5 to 4 cents, I could not vote to increase the bond debt burden imposed on the taxpayers of this State. H. 3649 includes a section which increases the bonded indebtedness of our State by about $140 million. A vote for free conference powers facilitated increasing the debt of our State by $140 million. As a fiscal conservative, I am troubled by a $6.0 billion budget which contains no permanent tax relief; to ask that I condone spending an additional $140 million funded by debt is more than this fiscal conservative can support.
In addition, this bond provision meets and could exceed our constitutional and statutory debt limits. This is poor fiscal policy and leaves us with no leverage in the event we need to issue additional debt in the event of a natural disaster such as a hurricane, etc. While I commend our conferees on the difficult job they faced, I could not support spending an additional $140 million in debt and, hence, their request for free conference powers.
Rep. Alfred B. Robinson, Jr.
I supported H. 3649 because of a number of provisions that benefit the family, the elderly and students. Among the items were the sales tax reduction on food, prescription benefits for the elderly, auto tax reform and life scholarships increase.
There were several items that I disagreed with. Among them were the bond bill, which I thought was unnecessary because local projects are funded through State government, which I do not think is a good idea. I also think that more of the surplus should have been returned to the taxpayers. I disagree with the family planning funding through DHEC, which undermines parental rights in decision making for their children.
Rep. Dwight A. Loftis
I voted against the free conference report on H. 3649 because of the language extending the debt liability of the State. Last year the legislature passed a billion-dollar bond bill, which I supported. At that time the Republican House leadership was highly critical of those of us who supported this assistance to our State's schools, in spite of the fact that 3/4 of the money was for our K-12 public schools. The effect of last year's bond bill actually shifted what would have been a local property tax burden to the State. I find it quite ironical that the same legislators who opposed building public schools last year, and called that move irresponsible, now have reversed their positions and decided that additional debt is ok.
I certainly approve of the language that would take the sales tax off of food, the increase in the LIFE scholarship from $2,000 to $3,000, as well as the 28-year retirement change. I have several prior recorded votes that verify that support. At the time of the vote on H. 3649, the House membership had not been given a printed copy of the "new" version of H. 3649. There are possibly other sections of this bill that I might agree with. Likewise there may be additional sections with which I would not agree. However, I will not vote to further extend the debt liability of the State.
Rep. Margaret J. Gamble
I voted against the free conference report on H. 3649 because of the language extending the debt liability of the State. Last year the legislature passed a billion-dollar bond bill, which I supported. I supported this assistance to our State's schools. The effect of last year's bond bill actually shifted what would have been a local property tax burden to the State.
I approve of the language that would take the sales tax off of food, the increase in the LIFE scholarship from $2,000 to $3,000, as well as the 28-year retirement change. I have prior recorded votes that verify that support.
At the time of the vote on H. 3649, the House membership had not been given a printed copy of the "new" version of H. 3649. There are possibly other sections of this report that I might agree with. Likewise there may be additional sections with which I would not agree.
However, I will not vote to further extend the debt liability of the State. We had additional revenues of 900 million. The State, like a family, must live within its budget. When I came to the House in 1993, we had lost our triple A credit rating. I do not want to lose it again. We are dangerously close to our debt limit. Any serious emergency would be difficult to fund.
Rep. Elsie Rast Stuart
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 4776 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1999-00.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the Joint Resolution, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. In accordance with the provisions of Article III, Section 36(B)(2) and (3), Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from the monies available in the Capital Reserve Fund for fiscal year 1999-00 the following amounts:
(1) State Department of Education
SC First Steps to School Readiness $10,000,000
Instructional Materials 4,972,335
School Facilities Maintenance 5,000,000
K-12 Technology Initiative 1,354,000
(1.1)(School Building Aid Allocation) Funds appropriated for School Building Aid shall be transferred to a special trust fund established by the Comptroller General. Funds appropriated shall be distributed to the school districts of State for use in accordance with Section 59-21-350 of the 1976 Code. Funds shall be allocated to eligible school districts on a per pupil basis. The allocation must be bsed on the 135-day count of average daily membership for the second preceding fiscal year.
(1.2) (School Building Aid Funds Expenditure) Funds appropriated in this item or in a previous appropriation act for school building aid may be expended by the school district without approval from the State Board of Education .
The Department of Education shall require that school districts include in their annual audit a verification of compliance with all applicable state laws associated with the use of these funds.
(2) Educational Television Commission
Charleston Regional Station 250,000
Plastics Learning Network -
Continuing Education 37,500
(3) Wil Lou Gray Opportunity School
Accounting Software Upgrade 35,000
Facility Master Lock System 90,000
Automobile for the Youth Challenge Academy 23,000
(4) Higher Education Institutions
Performance Funding - Current 35,361,337
Performance Funding - Increase 22,000,000
University of South Carolina System - Columbia
Materials Research Science and
Engineering Center (Nano Technology) 1,000,000
(5) Board for Technical and Comprehensive Education
Equipment and Technology Infrastructure 2,100,000
(6) State Museum
Lee County Cotton Museum 100,000
Cayce Historical Museum 25,000
(7) Department of Health and Environmental Control
Beach Restoration 2,000,000
EMS Equipment 1,000,000
(7.1)(Beach Restoration Fund) Of the funds appropriated
for beach restoration, $1,000,000 must be used
to reimburse Horry County for beach renourishment
expenses incurred during Fiscal Year 1999-2000.
(8) Department of Natural Resources
Savannah River Basin Study 250,000
(9) Department of Commerce
South Carolina Biotechnology Center 360,000
YMCA Youth in Government 25,000
International Trade 375,000
(10) Department of Transportation
Greenville Transit Authority 200,000
(11) Secretary of State
Information Technology 250,000
(12) Comptroller General
Accounting System 1,000,000
(13) Adjutant General
Armory Operations/Maintenance 250,000
(14) Budget and Control Board
Division of Operations
Governor's Mansion Renovation 1,905,128
Division of Regional Development
Local Government Grant Fund 6,575,731
Sustainable Universities Initiative 300,000
Lynchburg 75,000
TOTAL $96,914,031.
SECTION 2. The Comptroller General shall post the appropriations contained in this joint resolution in fiscal year 2000-2001. Unexpended funds appropriated pursuant to this joint resolution may be carried forward to succeeding fiscal years and expended for the same purpose.
SECTION 3. This joint resolution takes effect thirty days after the completion of the 1999-00 fiscal year in accordance with the provisions of Article III, Section 36(B)(3)(a), Constitution of South Carolina, 1895, and Section 11-11-320(D)(1) of the 1976 Code. /
Amend title to conform.
Senator John C. Land III Representative Robert W. Harrell, Jr. Senator Nikki G. Setzler Representative Mark S. Kelley Senator Thomas L. Moore Representative Richard M. Quinn, Jr. On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4775 (Word version)--Ways and Means Committee: General Appropriation Bill for Fiscal Year 2000-2001.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
Amend title to conform.
Amend totals and title to conform.
Make all necessary technical corrections.
Honorable John C. Land III Honorable Robert W. Harrell, Jr. Honorable Nikki G. Setzler Honorable Richard Quinn Honorable Thomas L. Moore Honorable Mark Stephen Kelley On Part of the Senate. On Part of the House.
Rep. BARRETT spoke against the Conference Report.
Rep. SIMRILL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Askins Bailey Bales Barfield Battle Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Carnell Chellis Clyburn Cooper Delleney Edge Emory Fleming Gourdine Govan Harrell Harrison Harvin Hawkins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Inabinett Jennings Kelley Kennedy Klauber Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox Martin McCraw McGee McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Phillips Pinckney Quinn Rhoad Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Smith, D.C. Smith, J. Smith, R. Taylor Townsend Webb Whatley Wilder Wilkes Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
Barrett Campsen Cato Cotty Dantzler Davenport Easterday Frye Gamble Hamilton Kirsh Knotts Koon Perry Rice Sheheen Simrill Stille Tripp Trotter
So, the Conference Report was adopted and a message was ordered sent to the Senate accordingly.
I voted in favor of this year's Budget and companion Bills; however, due to an inadvertent error in voting electronically, my vote was recorded as voting against this bill, which I did not. I have voted in favor of this Bill, companion Bills and Conference Committee throughout this process. Therefore, I ask that the record reflect that I again voted in favor of this year's Budget and companion Bills.
Rep. Jake Knotts
I reluctantly voted against this year's Budget and companion Bills because they include a bond bill and borrowing for a "wish list" of pork barrel projects, as well as securitization of the State's tobacco fund settlement entitlement and a growing amount of unannualized expenditures at a time when State coffers are overflowing to the tune of one billion dollars in surplus for the current fiscal year.
In my view such spending is irresponsible and reflects a growing failure by the General Assembly to treat tax dollars as they would their own monies. Many of my Republican Caucus colleagues share my dislike for these aspects of the budget, but support this budget anyway to get the sales tax off food and increase Life Scholarships without the need for a lottery, while still others are willing to swallow a lot of bad to get some good.
As a result this Governor, Senate and General Assembly have lost control on spending. I only hope that we regain our senses before irreversible economic harm results from continuing on this course. Nothing comes without a price. Through irresponsible spending of our tax dollars we place at risk our financial security and prosperity while taking freedom from citizens by the penny and pound.
Rep. Bill Cotty
I cannot vote for a State Budget that spends 800 Million plus dollars in new monies and also borrows and spends 140 million dollars, even though I support many projects and items in the budget itself.
Rep. Gresham Barrett
While I agree with most of the education initiatives, the health care benefits, and all of the tax relief provisions in H. 4775, I voted against the 2000-2001 State Budget Conference Report. At the time of the vote, there was no printed copy of the Budget Conference Report available. Because of this lack of information, I voted against the Budget Report.
Rep. Margaret Gamble
While I fully support the majority of the provisions of the 2000/2001 Appropriation Bill, which does include and provide for meaningful tax relief for most of our citizens, much needed environmental protections, sound educational programs and opportunities for those who wish to participate, and workable economic development and growth programs that will benefit our state for years to come, concerns still remain.
I cannot, in good conscience, support a bill that provides state/federal funds for abortions, promotes promiscuity and undesired sexual activity through the "supportive" distribution of birth control materials to the adolescent children of South Carolina, and supports agency programs that undermine the role and authority of parents.
I object to the funding of perverted programs and attitudes of the Department of Social Services, the Department of Education's "Health" programs, and the Department of Health and Environmental Control's family programs that promote the moral disintegration and unconscionable assaults upon parental rights, and, honest volunteer organizations that try to help with the caregiving of truly abused children.
With all the positives that are included in this appropriation bill, we still support, condone, and tolerate those evils that erode and continue to destroy our State's moral conscience and character.
Rep. Ralph Davenport
The following was received:
Columbia, S.C., June 22, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators LAND, MOORE and SETZLER of the Committee of Free Conference on the part of the Senate on H. 3649:
H. 3649 (Word version) -- Rep. Tripp: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "NEW JOB" FOR PURPOSES OF CLAIMING THE JOB TAX CREDIT, SO AS TO INCLUDE A JOB REINSTATED AFTER THE EMPLOYER HAS REBUILT A FACILITY DUE TO INVOLUNTARY CONVERSION, BY EMINENT DOMAIN OR CONDEMNATION, OF A PRIOR EXISTING FACILITY; AND TO AMEND SECTIONS 12-10-30, AS AMENDED, AND 12-10-35, BOTH RELATING TO QUALIFICATION OF A BUSINESS PURSUANT TO THE ENTERPRISE ZONE ACT OF 1995, SO AS TO CONFORM CRITERIA TO INCLUDE THE DEFINITION OF "NEW JOB" AS A JOB CREATED OR REINSTATED PURSUANT TO SECTION 12-6-3360.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 22, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3649:
H. 3649 (Word version) -- Rep. Tripp: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "NEW JOB" FOR PURPOSES OF CLAIMING THE JOB TAX CREDIT, SO AS TO INCLUDE A JOB REINSTATED AFTER THE EMPLOYER HAS REBUILT A FACILITY DUE TO INVOLUNTARY CONVERSION, BY EMINENT DOMAIN OR CONDEMNATION, OF A PRIOR EXISTING FACILITY; AND TO AMEND SECTIONS 12-10-30, AS AMENDED, AND 12-10-35, BOTH RELATING TO QUALIFICATION OF A BUSINESS PURSUANT TO THE ENTERPRISE ZONE ACT OF 1995, SO AS TO CONFORM CRITERIA TO INCLUDE THE DEFINITION OF "NEW JOB" AS A JOB CREATED OR REINSTATED PURSUANT TO SECTION 12-6-3360.
Very respectfully,
President
Received as information.
The Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.
The following was received:
Columbia, S.C., June 22, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 4775:
H. 4775 (Word version) -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 2000 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO AMEND CHAPTER 1, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM, BY ADDING ARTICLE 17 SO AS TO ENACT THE TEACHER AND EMPLOYEE RETENTION INCENTIVE PROGRAM AND PROVIDE FOR ITS OPERATION; TO AMEND SECTIONS 9-1-1510 AND 9-1-1550, BOTH AS AMENDED, RELATING TO SERVICE RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REDUCE FROM THIRTY TO TWENTY-EIGHT THE YEARS OF CREDITABLE SERVICE REQUIRED TO RETIRE AT ANY AGE WITHOUT PENALTY; TO AMEND SECTIONS 9-1-1515, AS AMENDED, 9-1-1660, AND 9-1-1770, AS AMENDED, AND 9-1-1850, AS AMENDED, RELATING TO EARLY RETIREMENT OPTIONS, ELECTION OF A BENEFIT ON THE INSERVICE DEATH OF A MEMBER, AND AMOUNTS DUE ESTATES OF DECEASED MEMBERS UNDER THE GROUP LIFE INSURANCE PLAN, SO AS TO PROVIDE THAT THE ELECTION OF A MEMBER WITH TWENTY-FIVE YEARS CREDITED SERVICE TO BUY SUFFICIENT CREDIT FOR SERVICE RETIREMENT APPLIES TO THE SOUTH CAROLINA RETIREMENT SYSTEM, UPDATE THE BENEFIT ELECTION OPTION ON THE INSERVICE DEATH OF A MEMBER TO REFLECT OTHER CHANGES SINCE ORIGINAL ENACTMENT AND MAKE TECHNICAL CORRECTIONS, AND TO CONFORM THESE OPTIONS AND BENEFITS TO SERVICE RETIREMENT AFTER TWENTY-EIGHT YEARS CREDITABLE SERVICE AT ANY AGE WITHOUT PENALTY AS PROVIDED IN THIS ACT; TO AMEND SECTIONS 9-1-1810 AND 9-11-310, RELATING TO THE ANNUAL COST OF LIVING ADJUSTMENT AUTHORIZED FOR RETIREES AND BENEFICIARIES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS' RETIREMENT SYSTEM AND THE METHOD OF CALCULATING THE ADJUSTMENT, SO AS TO MAKE MANDATORY THE PAYMENT OF AMOUNTS UP TO ONE PERCENT CALCULATED UNDER THE ADJUSTMENT FORMULA, ELIMINATE ANY ADJUSTMENT IN EXCESS OF THE RATE OF INFLATION, TO DELETE OBSOLETE PROVISIONS, AND TO CONFORM IN BOTH SECTIONS REFERENCES TO THE CONSUMER PRICE INDEX USED IN CALCULATING THE COST OF LIVING ADJUSTMENT; AND TO EXTEND ADDITIONAL EMPLOYER CONTRIBUTIONS FOR THE UNFUNDED LIABILITIES OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS' RETIREMENT SYSTEM FOR WHATEVER PERIOD IS REQUIRED TO PAY THE ACTUARIAL COSTS INCURRED BY THESE SYSTEMS UNDER THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 12-36-2120, AS AMENDED, OF THE 1976 CODE, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXEMPT FROM THE TAX SALES OF CLOTHING, CLOTHING ACCESSORIES, FOOTWEAR, SCHOOL SUPPLIES, AND COMPUTERS DURING A PERIOD BEGINNING 12:01 A.M. ON THE FIRST FRIDAY IN AUGUST AND ENDING AT TWELVE MIDNIGHT THE FOLLOWING SUNDAY, TO PROVIDE EXCEPTIONS, AND TO REQUIRE THE DEPARTMENT OF REVENUE BEFORE JULY TENTH OF EACH YEAR TO PUBLISH AND MAKE AVAILABLE TO THE PUBLIC AND RETAILERS A LIST OF THE ARTICLES QUALIFYING FOR THIS EXEMPTION; TO AMEND THE 1976 CODE BY ADDING SECTION 8-23-110 SO AS TO DIRECT THE DEFERRED COMPENSATION COMMISSION TO ENSURE THAT APPROPRIATE DEFERRED COMPENSATION PLAN DOCUMENTS ALLOW EMPLOYER CONTRIBUTIONS, TO ALLOW POLITICAL SUBDIVISIONS OF THE STATE, INCLUDING SCHOOL DISTRICTS, PARTICIPATING IN STATE DEFERRED COMPENSATION PLANS OR IN SUCH PLANS OF OTHER PROVIDERS TO MAKE EMPLOYER CONTRIBUTIONS, AND TO PROVIDE FOR MATCHING OR OTHER CONTRIBUTIONS BY THE STATE TO STATE EMPLOYEES PARTICIPATING IN SUCH PLANS TO THE EXTENT FUNDS ARE APPROPRIATED FOR THIS PURPOSE, AND TO PROVIDE THAT THE AMOUNT, TERMS, AND CONDITIONS OF THE CONTRIBUTIONS MUST BE DETERMINED BY THE STATE BUDGET AND CONTROL BOARD; TO AMEND SECTION 12-6-40, AS AMENDED, OF THE 1976 CODE, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; TO AMEND SECTION 59-149-50, OF THE 1976 CODE, RELATING TO THE ELIGIBILITY REQUIREMENTS FOR A LIFE SCHOLARSHIP, SO AS TO DELETE THE REQUIREMENT THAT STUDENTS MUST PASS ALL COURSES REQUIRED FOR A STAR DIPLOMA; TO REPEAL SECTIONS 59-39-105 AND 59-39-190 RELATING TO THE REQUIREMENTS AND THE PROMULGATION OF REGULATIONS FOR THE STAR DIPLOMA, AND TO REPEAL SECTION 59-103-175, RELATING TO INCLUDING STAR DIPLOMA INFORMATION IN HIGH SCHOOL AND HIGHER EDUCATION AWARENESS COUNSELING, ALL SO AS TO REPEAL THE STAR DIPLOMA PROGRAM; TO AMEND SECTION 9-1-1795 OF THE 1976 CODE, RELATING TO AN EXCEPTION TO THE LIMITATION OF CERTAIN EARNINGS OF A RETIRED CERTIFIED TEACHER IN A FISCAL YEAR A RETIREE MAY RECEIVE FROM A COVERED EMPLOYER UNDER THE STATE RETIREMENT SYSTEM WITHOUT LOSS OF RETIREMENT BENEFITS, SO AS TO CHANGE FROM JULY 15 TO MAY 31 OF EACH YEAR THE TIME BEFORE WHICH A MEMBER OF THE SYSTEM MAY NOT BE CONSIDERED FOR EMPLOYMENT BY A SCHOOL DISTRICT; TO AMEND SECTION 59-1-420, AS AMENDED, OF THE 1976 CODE, RELATING TO THE LENGTH OF THE SCHOOL TERM, SO AS TO REVISE THE MANNER IN WHICH THE TEN DAYS NOT REQUIRED FOR STUDENT INSTRUCTION MUST BE USED; TO AMEND TITLE 9, OF THE 1976 CODE, RELATING TO THE VARIOUS STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 20 SO AS TO ENACT THE OPTIONAL RETIREMENT PROGRAM FOR TEACHERS AND SCHOOL ADMINISTRATORS AND PROVIDE FOR ITS OPERATION; TO AMEND SECTION 59-149-10, OF THE 1976 CODE, RELATING TO LIFE SCHOLARSHIPS, INCLUDING THE ANNUAL AMOUNTS THEREOF, SO AS TO INCREASE FROM TWO THOUSAND DOLLARS A YEAR TO THREE THOUSAND DOLLARS A YEAR, THE MAXIMUM AMOUNT OF SUCH SCHOLARSHIPS FOR ELIGIBLE STUDENTS ATTENDING FOUR-YEAR PUBLIC OR INDEPENDENT INSTITUTIONS, AND TO INCREASE THE AMOUNT OF SUCH SCHOLARSHIPS THAT ELIGIBLE STUDENTS ATTENDING TWO-YEAR PUBLIC OR INDEPENDENT INSTITUTIONS, INCLUDING STATE TECHNICAL COLLEGES MAY RECEIVE FROM A MAXIMUM OF ONE THOUSAND DOLLARS A YEAR TO THE COST OF TUITION FOR THIRTY CREDIT HOURS A YEAR, AND TO PROVIDE THESE INCREASES BEGIN WITH SCHOOL YEAR 2000-2001; TO AMEND SECTION 59-118-30, AS AMENDED, OF THE 1976 CODE, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA ACADEMIC ENDOWMENT INCENTIVE ACT WHERE MATCHING STATE FUNDS ARE PROVIDED TO QUALIFYING COLLEGES AND UNIVERSITIES FOR ENDOWMENT GIFTS UNDER CERTAIN CONDITIONS, SO AS TO REVISE THE DEFINITION OF "QUALIFYING COLLEGE OR UNIVERSITY" TO INCLUDE TWO-YEAR STATE-SUPPORTED INSTITUTIONS INCLUDING COLLEGE OR UNIVERSITY REGIONAL CAMPUSES; TO AMEND SECTION 12-36-2120, AS AMENDED, OF THE 1976 CODE, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO REDUCE BY ONE PERCENT A YEAR THE STATE PORTION OF SALES TAX ON FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO EXEMPT COMPLETELY FROM THE STATE PORTION OF THE TAX ALL SUCH FOOD AND MEALS EFFECTIVE JANUARY 1, 2005, TO PROVIDE FOR THE USE OF THE REVENUE FROM THE REDUCED RATES OF TAX DURING THE PHASE-IN PERIOD, AND TO ALLOW A COUNTY BY ORDINANCE TO EXEMPT FOOD ITEMS FROM LOCAL SALES AND USE TAXES; TO AMEND SECTION 12-6-520 OF THE 1976 CODE, RELATING TO ANNUAL INFLATION ADJUSTMENTS TO STATE INCOME TAX BRACKETS, SO AS TO DELETE THE PROVISION LIMITING THE INFLATION ADJUSTMENT TO ONE-HALF OF THE ACTUAL INFLATION RATE AND TO FOUR PERCENT IN A YEAR, TO DELETE REDUNDANT LANGUAGE, AND TO PHASE IN THIS PROVISION OVER TWO TAXABLE YEARS; TO AMEND ARTICLE 11, CHAPTER 13, TITLE 51, OF THE 1976 CODE, RELATING TO PATRIOT'S POINT DEVELOPMENT AUTHORITY, BY ADDING SECTION 51-13-765, SO AS TO ALLOW THE PATRIOT'S POINT DEVELOPMENT AUTHORITY TO MAINTAIN SPECIAL ACCOUNTS WHICH RETAIN AND CARRY OVER CERTAIN FUNDS FROM YEAR TO YEAR, TO HOLD ALL SPECIAL ACCOUNT EARNINGS AND INTEREST FOR THE BENEFIT OF THE AUTHORITY, AND TO REQUIRE ANNUAL REPORTS OF RECEIPTS AND EXPENDITURES FROM THESE ACCOUNTS; TO AMEND SECTION 56-3-910, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DISPOSITION OF MOTOR VEHICLE LICENSING AND REGISTRATION FEES, SO AS TO PROVIDE FOR THE CREDITING OF MOTOR VEHICLE LICENSING AND REGISTRATION FEES AND PENALTIES NOT ALREADY CREDITED TO THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK TO THE STATE HIGHWAY FUND BEGINNING, JULY 1, 2000; TO AMEND SECTION 56-3-2332 OF THE 1976 CODE, RELATING TO THE ISSUE OF THE STANDARD LICENSE PLATE TO A VEHICLE MANUFACTURER FOR VEHICLES USED IN EMPLOYEE BENEFIT PROGRAMS, TESTING, OR PROMOTIONAL PURPOSES, SO AS TO INCREASE THE ANNUAL REGISTRATION FEE FROM SIX HUNDRED NINETY-SEVEN DOLLARS AND FORTY-SIX CENTS TO EIGHT HUNDRED EIGHTY DOLLARS; TO AMEND SECTION 1-11-710, AS AMENDED, OF THE 1976 CODE, RELATING TO DUTIES OF THE STATE BUDGET AND CONTROL BOARD IN ESTABLISHING AND MAINTAINING THE STATE GROUP HEALTH, DENTAL, LIFE, AND DISABILITY INSURANCE PLANS, SO AS TO REQUIRE A PUBLIC HEARING BEFORE THE BOARD MAY INCREASE EMPLOYEE PAID PREMIUMS OR REDUCE BENEFITS IN THE HEALTH AND DENTAL INSURANCE PLANS, TO PROHIBIT ANY SUCH ADJUSTMENTS IN THE HEALTH AND DENTAL INSURANCE PLANS EXCEPT WHILE THE GENERAL ASSEMBLY IS MEETING IN REGULAR SESSION, AND TO ADJUST EMPLOYEE CONTRIBUTIONS, DEDUCTIBLES, AND COPAYMENTS IN THE STATE HEALTH INSURANCE PLAN EFFECTIVE JANUARY 1, 2001; TO AMEND SECTION 9-9-60, AS AMENDED, OF THE 1976 CODE, RELATING TO SERVICE RETIREMENT UNDER THE GENERAL ASSEMBLY RETIREMENT SYSTEM, SO AS TO REDUCE FROM THIRTY TO TWENTY-EIGHT YEARS THE AMOUNT OF SERVICE CREDIT REQUIRED TO RETIRE AT ANY AGE; TO AMEND THE 1976 CODE BY ADDING ARTICLE 5 TO CHAPTER 30, TITLE 46 SO AS TO ESTABLISH THE SOUTH CAROLINA TOBACCO SETTLEMENT FUND INTO WHICH MONIES RECEIVED FROM THE MASTER SETTLEMENT AGREEMENT BETWEEN VARIOUS UNITED STATES TOBACCO PRODUCT MANUFACTURERS AND THE STATE OF SOUTH CAROLINA MUST BE DEPOSITED; TO DIVIDE THE FUND INTO SUBFUNDS A AND B, AND AUTHORIZE APPROPRIATIONS FROM SUBFUND A TO SUBFUND B, AND TO PROVIDE THAT THESE TOBACCO SETTLEMENT PROCEEDS BE TREATED SEPARATELY FOR ALL BUDGETARY PURPOSES.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 22, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators LAND, MOORE and SETZLER of the Committee of Free Conference on the part of the Senate on H. 4776:
H. 4776 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1999-00.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 22, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 4776:
H. 4776 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1999-00.
Very respectfully,
President
Received as information.
Rep. FLEMING moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:
S. 250 (Word version) -- Senators Leatherman and Hayes: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYIST'S PRINCIPAL'S REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO REQUIRE THE APPROVAL OF THE STATE ETHICS COMMISSION, IN ADDITION TO THE RESPONDENT, TO WAIVE THE CONFIDENTIALITY OF THE EXISTENCE OF THE COMPLAINT AFTER IT HAS BEEN DISMISSED WHEN A COMPLAINT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; AND TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Bales Barfield Barrett Battle Bowers Brown, J. Brown, T. Campsen Chellis Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Frye Gamble Gourdine Hamilton Harrell Harrison Harvin Hawkins Hines, J. Hines, M. Hosey Huggins Inabinett Jennings Kelley Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Maddox Martin McCraw McGee McLeod, W. McMahand Meacham-Richardson Miller Neal, J.M. Neilson Ott Perry Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Simrill Smith, D.C. Smith, J. Smith, R. Stuart Taylor Tripp Webb Whatley Wilder Wilkins Witherspoon
Those who voted in the negative are:
So, Free Conference Powers were rejected.
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 263 (Word version) -- Senators Peeler, Wilson, Passailaigue, Ryberg, Leventis, McConnell, Leatherman, Hayes, Russell, Reese, Grooms and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-616 SO AS TO PROVIDE THAT THE INTERSTATE HIGHWAY SYSTEM CONSISTS OF SEGMENTS OF HIGHWAY OFFICIALLY DESIGNATED IN THE NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR; TO AMEND SECTION 56-5-1540, AS AMENDED, RELATING TO THE ALTERATION OF SPEED LIMITS BY LOCAL AUTHORITIES, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT IN AN URBAN DISTRICT IS SEVENTY MILES AN HOUR; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 57-3-785. (A) The Department of Transportation shall require the placement of construction work zone signs when necessary to inform motorists of ongoing construction. The department shall direct the removal of these signs when work is substantially completed and normal traffic flow has resumed. The department shall assume responsibility for traffic maintenance upon the removal of these signs pursuant to this section.
(B) Work zone signs posted pursuant to Section 56-5-1535(C)(1) must be removed or covered with weather resistant material when a work zone becomes inactive for more than three days."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to conform.
/s/Phil P. Leventis /s/Becky Rogers Martin Arthur Ravenel, Jr. /s/James Gresham Barrett /s/C. Bradley Hutto /s/Vida Osteen Miller On Part of the Senate. On Part of the House.
Rep. MARTIN explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following was received:
Columbia, S.C., June 22, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Conference on the following Bill, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification:
H. 3393 (Word version) -- Reps. Law, H. Brown and Young-Brickell: A BILL TO AMEND CHAPTER 23, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT AND MOTOR TITLING, BY ADDING SECTION 50-23-295 SO AS TO PROVIDE THAT A CERTIFICATE OF TITLE TO WATERCRAFT MAY NOT BE TRANSFERRED IF THE DEPARTMENT OF NATURAL RESOURCES HAS NOTICE THAT PROPERTY TAXES ARE OWED ON THE WATERCRAFT OR OUTBOARD MOTOR.
The Senate has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 22, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Conference on the following Bill, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification:
H. 3465 (Word version) -- Reps. Easterday, Wilder, Stuart, Rice, Gilham, Hayes, Simrill, Harrison, Rodgers, Barrett, R. Smith, Vaughn, Loftis, Beck, Robinson, McGee and Sandifer: A BILL TO AMEND SECTION 20-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM AGE FOR A VALID MARRIAGE, SO AS TO PROVIDE THAT THE MINIMUM AGE FOR MALES AND FEMALES SHALL BE THE SAME, AND TO PROVIDE THAT THE AGE SHALL BE SIXTEEN.
The Senate has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 22, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators J.V. SMITH, BRYAN and THOMAS of the Committee of Conference on the part of the Senate on H. 4892:
H. 4892 (Word version) -- Reps. Wilkins, McMahand and F. Smith: A BILL TO AMEND ACT 602 OF 1992, RELATING TO THE MANNER IN WHICH THE ANNUAL BUDGET AND TAX MILLAGE FOR THE SCHOOL DISTRICT OF GREENVILLE COUNTY MUST BE DETERMINED, SO AS TO PROVIDE THAT THE BOARD MAY ALSO RAISE THE SCHOOL MILLAGE AS NECESSARY, BUT AT A RATE NOT TO EXCEED FOUR MILLS IN ANY ONE YEAR, TO MAINTAIN A TEACHER SALARY SCHEDULE EQUAL TO THE SALARY SCHEDULE OF ANY OTHER SCHOOL DISTRICT IN THIS STATE.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 22, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators MOORE, MARTIN and HUTTO of the Committee of Free Conference on the part of the Senate on H. 3745:
H. 3745 (Word version) -- Reps. Campsen, Altman, Barrett, Barfield, Cato, Cooper, Davenport, Delleney, Easterday, Edge, Emory, Gilham, Govan, Hamilton, Harrison, Haskins, Inabinett, Kelley, Leach, Littlejohn, Loftis, McCraw, McMahand, J. H. Neal, Phillips, Pinckney, Sandifer, Sharpe, Simrill, J. Smith, Stille, Tripp, Vaughn, Wilkins, Witherspoon, Lourie and Knotts: A BILL TO AMEND CHAPTER 1, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGE, BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE "SOUTH CAROLINA FAMILY RESPECT ACT", TO PROVIDE THE LANGUAGE OF THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET, AND TO PROVIDE TO WHOM THE PAMPHLET SHALL BE DISTRIBUTED; TO AMEND CHAPTER 3, TITLE 53, RELATING TO THE CELEBRATION OF SPECIAL DAYS, SO AS TO PROVIDE FOR A FAMILY RESPECT DAY AND TO PROVIDE THE DAY IS OBSERVED IN THE PUBLIC HIGH SCHOOLS; TO AMEND SECTION 20-1-240, RELATING TO INFORMATION GIVEN TO MARRIAGE APPLICANTS, SO AS TO PROVIDE THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET IS DISTRIBUTED TO APPLICANTS; TO AMEND SECTION 44-63-80, AS AMENDED, RELATING TO THE ISSUANCE OF CERTIFIED COPIES OF BIRTH CERTIFICATES, SO AS TO PROVIDE THE FAMILY RESPECT PAMPHLET IS INCLUDED WITH EACH CERTIFIED COPY OF THE BIRTH CERTIFICATE; AND TO AMEND SECTION 44-122-40, RELATING TO THE OPERATION OF COUNTY FUNDED ADOLESCENT PREGNANCY PREVENTION INITIATIVES, SO AS TO PROVIDE FOR THE DISTRIBUTION AND DISCUSSION OF THE FAMILY RESPECT PAMPHLET WITH ADOLESCENTS INVOLVED IN THE INITIATIVES.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 22, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3745:
H. 3745 (Word version) -- Reps. Campsen, Altman, Barrett, Barfield, Cato, Cooper, Davenport, Delleney, Easterday, Edge, Emory, Gilham, Govan, Hamilton, Harrison, Haskins, Inabinett, Kelley, Leach, Littlejohn, Loftis, McCraw, McMahand, J. H. Neal, Phillips, Pinckney, Sandifer, Sharpe, Simrill, J. Smith, Stille, Tripp, Vaughn, Wilkins, Witherspoon, Lourie and Knotts: A BILL TO AMEND CHAPTER 1, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGE, BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE "SOUTH CAROLINA FAMILY RESPECT ACT", TO PROVIDE THE LANGUAGE OF THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET, AND TO PROVIDE TO WHOM THE PAMPHLET SHALL BE DISTRIBUTED; TO AMEND CHAPTER 3, TITLE 53, RELATING TO THE CELEBRATION OF SPECIAL DAYS, SO AS TO PROVIDE FOR A FAMILY RESPECT DAY AND TO PROVIDE THE DAY IS OBSERVED IN THE PUBLIC HIGH SCHOOLS; TO AMEND SECTION 20-1-240, RELATING TO INFORMATION GIVEN TO MARRIAGE APPLICANTS, SO AS TO PROVIDE THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET IS DISTRIBUTED TO APPLICANTS; TO AMEND SECTION 44-63-80, AS AMENDED, RELATING TO THE ISSUANCE OF CERTIFIED COPIES OF BIRTH CERTIFICATES, SO AS TO PROVIDE THE FAMILY RESPECT PAMPHLET IS INCLUDED WITH EACH CERTIFIED COPY OF THE BIRTH CERTIFICATE; AND TO AMEND SECTION 44-122-40, RELATING TO THE OPERATION OF COUNTY FUNDED ADOLESCENT PREGNANCY PREVENTION INITIATIVES, SO AS TO PROVIDE FOR THE DISTRIBUTION AND DISCUSSION OF THE FAMILY RESPECT PAMPHLET WITH ADOLESCENTS INVOLVED IN THE INITIATIVES.
The Report of the Committee of Free Conference, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification.
The Senate has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
Rep. HARRISON moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:
S. 250 (Word version) -- Senators Leatherman and Hayes: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYIST'S PRINCIPAL'S REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO REQUIRE THE APPROVAL OF THE STATE ETHICS COMMISSION, IN ADDITION TO THE RESPONDENT, TO WAIVE THE CONFIDENTIALITY OF THE EXISTENCE OF THE COMPLAINT AFTER IT HAS BEEN DISMISSED WHEN A COMPLAINT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; AND TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Askins Bales Barfield Barrett Battle Bowers Breeland Brown, J. Brown, T. Campsen Carnell Cato Chellis Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Frye Gamble Gourdine Hamilton Harrell Harrison Harvin Hines, J. Huggins Inabinett Jennings Kelley Klauber Knotts Koon Law Leach Lee Limehouse Loftis Lourie Lucas Maddox Martin McCraw McGee McLeod, W. Meacham-Richardson Miller Neal, J.M. Neilson Ott Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D.C. Smith, J. Smith, R. Stuart Taylor Tripp Webb Whatley Wilder Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
So, Free Conference Powers were rejected.
The Senate amendments to the following Bill were taken up for consideration:
H. 4555 (Word version) -- Reps. J. Smith and Walker: A BILL TO AMEND SECTION 20-7-9710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS BOARD OF TRUSTEES, SO AS TO ADD THE CHIEF EXECUTIVE OFFICER OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION AS AN EX OFFICIO NONVOTING MEMBER OF THE BOARD.
The Senate amendments were agreed to, and the Bill 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.
Rep. HARRISON moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:
S. 250 (Word version) -- Senators Leatherman and Hayes: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYIST'S PRINCIPAL'S REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO REQUIRE THE APPROVAL OF THE STATE ETHICS COMMISSION, IN ADDITION TO THE RESPONDENT, TO WAIVE THE CONFIDENTIALITY OF THE EXISTENCE OF THE COMPLAINT AFTER IT HAS BEEN DISMISSED WHEN A COMPLAINT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; AND TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Askins Bales Barfield Barrett Battle Bowers Brown, G. Brown, H. Campsen Carnell Cato Chellis Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Frye Gamble Gourdine Hamilton Harrell Harrison Harvin Hawkins Hines, M. Huggins Jennings Kelley Klauber Koon Law Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Maddox Martin McCraw McGee McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Neilson Ott Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D.C. Smith, J. Smith, R. Stille Stuart Taylor Townsend Tripp Webb Whatley Wilder Wilkes Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
Howard
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER appointed Reps. D. SMITH, FLEMING and SIMRILL to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 250 (Word version) -- Senators Leatherman and Hayes: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYIST'S PRINCIPAL'S REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO REQUIRE THE APPROVAL OF THE STATE ETHICS COMMISSION, IN ADDITION TO THE RESPONDENT, TO WAIVE THE CONFIDENTIALITY OF THE EXISTENCE OF THE COMPLAINT AFTER IT HAS BEEN DISMISSED WHEN A COMPLAINT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; AND TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. The first paragraph of Section 2-17-30(A) of the 1976 Code is amended to read:
"(A) Each lobbyist, no later than April tenth and October tenth of each year, must file a report with the State Ethics Commission covering that lobbyist's lobbying during that filing period. The filing periods shall be from January first to March thirty-first for the April tenth report and shall be from April first to September thirtieth for the October tenth report. Any lobbying activity not reflected on the October tenth report and not reported on a statement of termination pursuant to Section 2-17-20(C) must be reported no later than December thirty-first of that January tenth of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"
SECTION 2. The first paragraph of Section 2-17-35(A) of the 1976 Code is amended to read:
"(A) Except as otherwise provided by Section 2-17-90(E), each lobbyist's principal, no later than April tenth and October tenth of each year, must file a report with the State Ethics Commission covering that lobbyist's principal's expenditures attributable to lobbying during that filing period. The filing periods shall be from January first to March thirty-first for the April tenth report and shall be from April first to September thirtieth for the October tenth report. Any lobbying activity not reflected on the October tenth report and not reported on a statement of termination pursuant to Section 2-17-25(C) must be reported no later than December thirty-first of that January tenth of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"
SECTION 3. The first paragraph of Section 2-17-40(A) of the 1976 Code is amended to read:
"(A) Each state agency or department shall, no later than April first tenth and October first tenth of each year, file a report with the State Ethics Commission covering that agency's lobbying during that filing period. The filing periods are from January first to March thirty-first for the April tenth report and from April first to September thirtieth for the October tenth report. Any lobbying activity not reflected on the October tenth report and not reported on a statement of termination pursuant to Section 2-17-25(C) must be reported no later than January tenth of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"
SECTION 4. Section 2-17-90(A) of the 1976 Code is further amended by adding:
"(7) as to cabinet officers, a function to which all cabinet officers are invited."
SECTION 5. Section 2-17-90(B) of the 1976 Code is amended to read:
"(B) No lobbyist's principal or person acting on behalf of a lobbyist's principal may provide to a public official or a public employee pursuant to subsections (A)(1), (A)(2), (A)(3), (A)(4), or (A)(5), or (A)(7) the value of lodging, transportation, entertainment, food, meals, or beverages exceeding twenty-five dollars in a day and two hundred dollars in a calendar year per public official or public employee."
SECTION 6. A. Section 8-13-100(12) of the 1976 Code is amended to read:
"(12) 'Election' means:
(a) a general, special, primary, or runoff election;
(b) a convention or caucus of a political party held to nominate a candidate; or
(c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State; or
(d) a ballot measure."
B. The amendments to Section 8-13-100(12) of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-100(12) of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.
SECTION 7. A. Section 8-13-320(9)(b) of the 1976 Code is amended to read:
"(b) No complaint may be accepted by the commission concerning a candidate for elective office in the fifty-day period before an election in which he is a candidate. Action on a complaint filed against a candidate which was received more than fifty days before the election and which cannot be disposed of or dismissed by the commission at least thirty days before the election must be postponed until after the election. During this fifty-day period, any person may petition the court of common pleas alleging the violations complained of and praying for appropriate relief by way of mandamus or injunction. Within ten days, a rule to show cause hearing shall be held and the court shall either dismiss the petition, or direct that a mandamus order or an injunction or both be issued. A violation of this chapter by a candidate during this fifty-day period must be considered to be an irreparable injury for which no adequate remedy at law exists. The institution of an action for injunctive relief does not relieve any party to the proceeding from any penalty prescribed for violations of this chapter. In the event the court dismisses a petition for mandamus or injunctive relief based upon a finding that the petition is frivolous, the court must award reasonable attorneys fees and costs to the non-petitioning party."
B. The amendments to Section 8-13-320(9)(b) of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-320(9)(b) of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.
SECTION 8. Section 8-13-320(10)(b) of the 1976 Code is amended to read:
"(b) If the commission or its executive director determines that the complaint does not allege facts sufficient to constitute a violation, the commission shall dismiss the complaint and notify the complainant and respondent, and the entire matter must be stricken from public record unless the respondent, by written authorization, waives the confidentiality of the existence of the complaint and authorizes the release of information about the disposition of the complaint. Notice of waiver must be forwarded to the State Ethics Commission."
SECTION 9. Section 8-13-530(1) of the 1976 Code is amended to read:
"(1) upon the filing of a complaint, investigate possible violations of breach of a privilege governing a member of the appropriate house, the alleged breach of a rule governing a member of, legislative caucus committees for, or candidate for the appropriate house, misconduct of a member of, legislative caucus of, or candidate for the appropriate house, or a violation of this chapter or Chapter 17 of Title 2;"
SECTION 10. A. Section 8-13-530(2) of the 1976 Code is amended to read:
"(2) receive and hear a complaint which alleges a breach of a privilege governing a member of the appropriate house, the alleged breach of a rule governing a member of or candidate for the appropriate house, misconduct of a member of or candidate for the appropriate house, or a violation of this chapter or Chapter 17 of Title 2. No complaint may be accepted by the ethics committee concerning a member of or candidate for the appropriate house in the fifty-day period before an election in which the member or candidate is a candidate. Action on a complaint filed against a member or candidate which was received more than fifty days before the election and which cannot be disposed of or dismissed by the ethics committee at least thirty days before the election must be postponed until after the election. During this fifty-day period, any person may petition the court of common pleas alleging the violations complained of and praying for appropriate relief by way of mandamus or injunction. Within ten days, a rule to show cause hearing shall be held and the court shall either dismiss the petition, or direct that a mandamus order or an injunction or both be issued. A violation of this chapter by a candidate during this fifty-day period must be considered to be an irreparable injury for which no adequate remedy at law exists. The institution of an action for injunctive relief does not relieve any party to the proceeding from any penalty prescribed for violations of this chapter. In the event the court dismisses a petition for mandamus or injunctive relief based upon a finding that the petition is frivolous, the court must award reasonable attorneys fees and costs to the non-petitioning party;"
B. The amendments to Section 8-13-530(2) of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-530(2) of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.
SECTION 11. A. Section 8-13-1300(6) of the 1976 Code is amended to read:
"(6) 'Committee' means an association, a club, an organization, or a group of persons which, to influence the outcome of an elective office or a ballot measure, receives contributions or makes expenditures in excess of five hundred dollars in the aggregate during an election cycle. It also means an individual a person who, to influence the outcome of an elective office or a ballot measure, makes:
(a) contributions aggregating at least fifty thousand dollars during an election cycle to, or at the request of, a candidate or a committee, or a combination of them.; or
(b) independent expenditures aggregating five hundred dollars or more during an election cycle for the election or defeat of a candidate.
'Committee' includes a party committee, a legislative caucus committee, a noncandidate committee, or a committee that is not a campaign committee for a candidate but that is organized for the purpose of influencing an election."
B. The amendments to Section 8-13-1300(6) of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1300(6) of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.
SECTION 12. A. Section 8-13-1300(9) of the 1976 Code is amended to read:
"(9) 'Election' means:
(a) a general, special, primary, or runoff election;
(b) a convention or caucus of a political party held to nominate a candidate; or
(c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State; or
(d) a ballot measure."
B. The amendments to Section 8-13-1300(9) of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1300(9) of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.
SECTION 13. A. Section 8-13-1300(17) of the 1976 Code is amended to read:
"(17) 'Independent expenditure' means:
(a) an expenditure made by a person to advocate the election or defeat of a clearly identified candidate or ballot measure; and
(b) when taken as a whole and in context, the expenditure made by a person expressly to urge a particular result in an election but which is not:
(i) made to;
(i) controlled by;
(iii) coordinated with;
(iv) requested by; or
(v) made upon consultation with a candidate or an agent of a candidate; or a committee or agent of a committee; or a ballot measure committee or an agent of a ballot measure committee.
Expenditures by party committees or expenditures by legislative caucus committees based upon party affiliation are considered to be controlled by, coordinated with, requested by, or made upon consultation with a candidate or an agent of a candidate."
B. The amendments to Section 8-13-1300(17) of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1300(17) of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.
SECTION 14. A. Section 8-13-1300 of the 1976 Code is amended by adding appropriately numbered items at the end to read:
"( ) 'Ballot measure committee' means:
(a) an association, club, an organization, or a group of persons which, to influence the outcome of a ballot measure, receives contributions or makes expenditures in excess of one thousand dollars in the aggregate during an election cycle;
(b) a person, other than an individual, who, to influence the outcome of a ballot measure, makes contributions aggregating at least fifty thousand dollars during an election cycle to, or at the request of, a ballot measure committee; or
(c) a person, other than an individual, who makes independent expenditures aggregating one thousand dollars or more during an election cycle.
( ) 'Influence the outcome of an elective office' means:
(a) expressly advocating the election or defeat of a clearly identifiable candidate using words including or substantially similar to 'vote for', 'elect', 'cast your ballot for', 'Smith for Governor', 'vote against', 'defeat', or 'reject'; or
(b) communicating campaign slogans or individual words that, taken in context, have no other reasonable meaning other than to urge the election or defeat of a clearly identifiable candidate including or substantially similar to slogans or words such as 'Smith's the One', 'Jones 2000', 'Smith/Jones', 'Jones!', or 'Smith-A man for the People!'; or
(c) any communication about a public issue made, not more than 45 days before an election, that references a clearly identifiable candidate, that but for such reference, the communication as a whole would not convey a clear, unambiguous message concerning the public issue, and that is reasonably suggestive of primarily advocating the election or defeat of a clearly identifiable candidate."
B. The amendments to Section 8-13-1300 of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1300 of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.
SECTION 15. A. Section 8-13-1302 of the 1976 Code is amended to read:
"Section 8-13-1302. (A) A candidate, or committee, or ballot measure committee shall must maintain and preserve an account of:
(1) the total of contributions accepted by the candidate, or committee, or ballot measure committee;
(2) the name and address of each person making a contribution and the date of receipt of each contribution;
(3) the total of expenditures made by or on behalf of the candidate, or committee, or ballot measure committee;
(4) the name and address of each person to whom an expenditure is made including the date, amount, purpose, and beneficiary of the expenditure; and
(5) all receipted bills, canceled checks, or other proof of payment for each expenditure.
(B) The candidate, or committee, or ballot measure committee must maintain and preserve all receipted bills and accounts required by this article for four years."
B. The amendments to Section 8-13-1302 of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1302 of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.
SECTION 16. A. Section 8-13-1304 of the 1976 Code is amended to read:
"Section 8-13-1304. (A) A committee, except an out-of-state committee, which receives or expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of an elective office or ballot measure must file a statement of organization with the State Ethics Commission no later than five days after receiving the contribution or making the expenditure. An out-of-state committee which expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of an elective office or a ballot measure must file a statement of organization with the State Ethics Commission no later than five days after making the expenditure.
(B) A ballot measure committee, except an out-of-state committee, which receives or expends more than one thousand dollars in the aggregate during an election cycle to influence the outcome of a ballot measure must file a statement of organization with the State Ethics Commission no later than five days after receiving the contribution or making the expenditure. An out-of-state ballot measure committee which expends more than one thousand dollars in the aggregate during an election cycle to influence the outcome of a ballot measure must file a statement of organization with the State Ethics Commission no later than five days after making the expenditure."
B. The amendments to Section 8-13-1304 of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1304 of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.
SECTION 17. A. Section 8-13-1306 of the 1976 Code is amended to read:
"Section 8-13-1306. (A) The statement of organization of a committee or a ballot measure committee must include:
(1) the full name of the committee or ballot measure committee;
(2) the complete address and telephone number of the committee or ballot measure committee;
(3) the date the committee or ballot measure committee was organized;
(4) a summary of the purpose of the committee or ballot measure committee;
(5) the name and address of a corporation or an organization that sponsors the committee or ballot measure committee or is affiliated with the committee or ballot measure committee. If the committee or ballot measure committee is not sponsored by or affiliated with a corporation or an organization, the committee or ballot measure committee must specify the trade, profession, or primary interest of contributors to the committee or ballot measure committee;
(6) the full name, address, telephone number, occupation, and principal place of business of the chairman and treasurer of the committee or ballot measure committee;
(7) the full name, address, telephone number, occupation, and principal place of business of the custodian of the books and accounts if other than the designated officers;
(8) the full name and address of the depository in which the committee or ballot measure committee maintains its campaign account and the number of the account; and
(9) a certification of the statement by the chairman and the treasurer.
(B) The name of the committee or ballot measure committee designated on the statement of organization must incorporate the full name of the sponsoring entity, if any. An acronym or abbreviation may be used in other communications if the acronym or abbreviation commonly is known or clearly recognized by the general public.
(C) The chairman must notify the State Ethics Commission in writing of a change in information previously reported in a statement of organization no later than ten business days after the change."
B. The amendments to Section 8-13-1306 of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1306 of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.
SECTION 18. A. Section 8-13-1308(A) of the 1976 Code is amended to read:
"Section 8-13-1308. (A) Upon the receipt or expenditure of campaign contributions or the making of independent expenditures totaling, in an accumulated aggregate, five hundred dollars or more, a candidate or committee required to file a statement of organization pursuant to Section 8-13-1304(A) must file an initial certified campaign report within ten days of these initial receipts or expenditures. However, a candidate or a committee that does not receive or expend campaign contributions totaling, in an accumulated aggregate, five hundred dollars or more must file an initial certified campaign report fifteen days before an election."
B. The amendments to Section 8-13-1308(A) of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1308(A) of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.
SECTION 19. A. Section 8-13-1308 of the 1976 Code is further amended by adding a new subsection to read:
"(G) Notwithstanding any other reporting requirements in this chapter, a political party, legislative caucus committee, and a party committee must file a certified campaign report upon the receipt of anything of value which total in the aggregate $2,500 or more. For purposes of this section, "anything of value" includes contributions received which may be used for the payment of operation expenses of a political party, legislative caucus committee, or a party committee. A political party must also comply with the reporting requirements of subsections (B), (C), and (F) of Section 8-13-1308 in the same manner as a candidate or committee."
B. The amendments to Section 8-13-1308 of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1308 of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.
SECTION 20. A. The 1976 Code is amended by adding:
"Section 8-13-1309. (A) Upon the receipt or expenditure of campaign contributions totaling, in an accumulated aggregate, one thousand dollars or more, a ballot measure committee required to file a statement of organization pursuant to Section 8-13-1304(B) must file an initial certified campaign report within ten days of these initial receipts or expenditures.
(B) Following the filing of an initial certified campaign report, additional certified campaign reports must be filed within ten days following the end of each calendar quarter in which contributions are received or expenditures are made, whether before or after a ballot measure election until the campaign account undergoes final disbursement pursuant to the provisions of Section 8-13-1370(C).
(C) At least fifteen days before a ballot measure election, a certified campaign report must be filed showing contributions of more than one hundred dollars and expenditures to or by the ballot measure committee for the period ending twenty days before the ballot measure election. The ballot measure committee must maintain a current list during the period before the ballot measure election commencing at the beginning of the calendar quarter of the election of all contributions of more than one hundred dollars. The list must be open to public inspection upon request.
(D) Notwithstanding the provisions of subsections (B) and (C), if a pre-election campaign report provided for in subsection (C) is required to be filed within thirty days of the end of the prior quarter, a ballot measure committee must combine the quarterly report provided for in subsection (B) and the pre-election report and file the combined report subject to the provisions of subsection (C) no later than fifteen days before the ballot measure election.
(E) Certified campaign reports detailing campaign contributions and expenditures must contain:
(1) the total of contributions accepted by the ballot measure committee;
(2) the name and address of each person making a contribution of more than one hundred dollars and the date of receipt of each contribution;
(3) the total expenditures made by or on behalf of the ballot measure committee; and
(4) the name and address of each person to whom an expenditure is made from campaign funds, including the date, amount, purpose, and beneficiary of the expenditure."
B. The amendments to Section 8-13-1309 of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1309 of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.
SECTION 21. Section 8-13-1310 of the 1976 Code is amended to read:
"Section 8-13-1310. (A) All persons required to file certified campaign reports under this article must file those reports with the appropriate supervisory office.
(B) The Senate Ethics Committee and the House of Representatives Ethics Committee must forward a copy of each statement filed with it to the State Ethics Commission within five business days of receipt.
(C) Within five days of receipt, a copy of all campaign reports received by the State Ethics Commission must be forwarded to the State Election Commission and the clerk of court in the county of residence of the person required to file.
(D) As provided in Section 8-13-1372, the State Election Ethics Commission must review all statements forwarded to it by the State Ethics Commission for inadvertent and unintentional errors or omissions."
SECTION 22. Section 8-13-1316 of the 1976 Code is amended to read:
"Section 8-13-1316. (A) Within an election cycle, a candidate may not accept or receive contributions from a political party through its party committees or legislative caucus committees and a political party through its party committees or legislative caucus committees may not give to a candidate contributions which total in the aggregate more than:
(1) fifty thousand dollars in the case of a candidate for statewide office;
(2) five thousand dollars in the case of a candidate for any other office.
(B) Party expenditures for partisan multi-candidate promotions for four or more candidates, including candidates for the United States Senate or the United States House of Representatives, where each candidate receives substantially equal treatment, both in terms of time or length discussed and prominence in presentation, shall not be included in the contribution limits under subsection (A). However, multi-candidate promotional expenditures are limited to:
(1) the operation of telephone banks;
(2) the preparation, mailing, and distribution of campaign materials including newspaper, television, and radio advertisements; or
(3) voter registration and ballot information.
(C) The recipient of a contribution given in violation of subsection (A) may not keep the contribution, but within ten days must remit the contribution to the Children's Trust Fund."
SECTION 23. A. Section 8-13-1324 of the 1976 Code is amended to read:
"Section 8-13-1324. (A) A person may not make an anonymous contribution to a candidate, or committee, or ballot measure committee and a candidate, or committee, or ballot measure committee may not accept an anonymous contribution from an individual except at a ticketed event where food or beverages are served or where political merchandise is distributed and where the price of the ticket is twenty-five dollars or less and goes toward defraying the cost of food, beverages, or political merchandise in whole or in part.
(B) The recipient of an anonymous contribution given in violation of subsection (A) or the recipient of any other anonymous contribution may not keep the contribution but within seven days must remit the contribution to the Children's Trust Fund."
B. The amendments to Section 8-13-1324 of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1324 of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.
SECTION 24. A. Section 8-13-1332 of the 1976 Code is amended to read:
"Section 8-13-1332. It is unlawful for:
(1) a committee or ballot measure committee to make a contribution or expenditure by using:
(a) anything of value secured by physical force, job discrimination, financial reprisals, or threat of the same; or
(b) dues, fees, or other monies required as a condition of membership in a labor organization, or as a condition of employment; or
(c) monies obtained by the committee or the ballot measure committee in a commercial transaction;
(2) a person to solicit an employee for a contribution and fail to inform the employee of the political purposes of the committee or ballot measure committee and of the employee's right to refuse to contribute without any advantage or promise of an advantage conditioned upon making the contribution or reprisal or threat of reprisal related to the failure to make the contribution;
(3) a corporation or committee of a corporation to solicit contributions to the corporation or committee from a person other than its shareholders, directors, executive or administrative personnel, and their families;, except as provided in Section 8-13-1333.
(4) an organization or committee of an organization to solicit contributions to the organization or committee from a person other than its members and their families."
B. The amendments to Section 8-13-1332 of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1332 of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.
SECTION 25. A. The 1976 Code is amended by adding:
"Section 8-13-1333. (1) Not for profit corporations and committees formed by not for profit corporations may solicit contributions from the general public;
(2) An organization or a committee of an organization may solicit contributions from the general public."
B. The amendments to Section 8-13-1333 of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1333 of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.
SECTION 26. A. Section 8-13-1354 of the 1976 Code is amended to read:
"Section 8-13-1354. A candidate, committee, or other person which makes an expenditure in the distribution, posting, or broadcasting of a communication to voters supporting or opposing a public official, or a candidate, or a ballot measure must place his name and address on the printed matter or have his name spoken clearly on a broadcast so as to identify accurately the person and his address. Campaign buttons, balloons, yard signs, or similar items are exempt from this requirement."
B. The amendments to Section 8-13-1354 of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1354 of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.
SECTION 27. Section 8-13-1366 of the 1976 Code is amended to read:
"Section 8-13-1366. Certified campaign reports must be made available for public inspection at the office of the State Ethics Commission, the State Election Commission, the Senate Ethics Committee, the House of Representatives Ethics Committee, and the county clerk of court within two business days of receipt. The commissions, ethics committees, and county clerks of court may not require any information or identification as a condition of viewing a report or reports. The commissions, ethics committees, and the county clerks of court shall ensure that the reports are available for copying or purchase at a reasonable cost."
SECTION 28. A. Section 8-13-1368 of the 1976 Code is amended to read:
"Section 8-13-1368. (A) A candidate is not exempt from the campaign filing requirements as provided in this article until after an election in which the candidate is a candidate or is defeated and after the candidate no longer accepts contributions, incurs expenditures, or pays for expenditures incurred.
(B) Committees or ballot measure committees may dissolve only after no longer accepting contributions, incurring expenditures, or paying for expenditures incurred.
(C) If a committee or a ballot measure committee owes or is owed money, the committee or a ballot measure committee may dissolve but must report the status of the debt annually on the same schedule as active committees or ballot measure committees until all debts are resolved. The method of resolution to eliminate these debts, including contributions accepted and payment for expenditures incurred, must be stated on the report.
(D) A final report may be filed at the time or before a scheduled filing is due. The form must be marked 'final' and include a list of the material assets worth one hundred dollars or more and state their disposition."
B. The amendments to Section 8-13-1368 of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1368 of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.
SECTION 29. A. Section 8-13-1370(C) of the 1976 Code is amended to read:
"(C) A committee or ballot measure committee required to file reports under this article which has an unexpended balance of funds upon final disbursement not otherwise obligated for expenditures incurred to further the committee's or ballot measure committee's purposes must designate how the surplus funds are to be distributed. The surplus funds must be:
(1) contributed to the state's general fund;
(2) returned pro rata to all contributors;
(3) (a) contributed to a political party or to another committee;
(b) or if a ballot measure committee, to another ballot measure committee;
(4) contributed to an organization exempt from tax under Section 501(c)(3) of the Internal Revenue Code of 1986; or
(5) distributed using a combination of these options."
B. The amendments to Section 8-13-1370(C) of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1370(C) of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.
SECTION 30. Section 8-13-1372 of the 1976 Code is amended to read:
"Section 8-13-1372. (A) The State Election Ethics Commission, in its discretion, may determine that errors or omissions on campaign reports are inadvertent and unintentional and not an effort to violate a requirement of this chapter and may be handled as technical violations which are not subject to the provisions of this chapter pertaining to ethical violations. Technical violations must remain confidential unless requested to be made public by the candidate filing the report. In lieu of all other penalties, the State Election Ethics Commission may assess a technical violations penalty not to exceed fifty dollars.
(B) A violation, other than an inadvertent or unintentional violation, must be referred to the appropriate supervisory office for appropriate action."
SECTION 31. A. Section 8-13-1510 of the 1976 Code is amended to read:
"Section 8-13-1510. Except as otherwise specifically provided in this chapter, a person required to file a report or statement under this chapter who files a late statement or report or fails to file a required statement or report must be assessed a civil penalty as follows:
(1) a fine of one hundred dollars if not filed within five days after the established deadline provided by law in this chapter;
(2) after notice has been given by certified or registered mail that a required statement or report has not been filed, a fine of ten dollars a day for each additional calendar day in which the required statement is not filed, not exceeding five hundred dollars."
B. The amendments to Section 8-13-1510 of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1510 of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.
SECTION 32. A. Section 8-13-1520 of the 1976 Code is amended to read:
"Section 8-13-1520. (A) Except as otherwise specifically provided in this chapter, a person who violates any provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or be imprisoned for not more than one year, or both. A violation of the provisions of this chapter does not necessarily subject a public official to the provisions of Section 8-13-560.
(B) Except as otherwise specifically provided for in Article 13 of this chapter, a person who violates any provision of Article 13 is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred percent of the amount of contributions or anything of value that should have been reported pursuant to Article 13 but not less than five thousand dollars or be imprisoned for not more than one year, or both.
(C) A violation of the provisions of this chapter does not necessarily subject a public official to the provisions of Section 8-13-560."
B. The amendments to Section 8-13-1520 of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1520 of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.
SECTION 33. (A) An Advisory Campaign Reform Study Commission is hereby created and is charged with the drafting of a report, including proposals for statutory enactment, amendment, or repeal:
(1) which, if adopted, would place the State on the cutting edge of electoral process reform. The commission is encouraged to consider and propose recommendations that might test constitutional limits on a State's regulation of direct and indirect advocacy for or against any candidate or ballot measure;
(2) which, if adopted, would reestablish the public's confidence that each vote matters and is not made inconsequential by the infusion of campaign spending not subject to reasonable limits, restrictions, and reporting requirements;
(3) which, if adopted, would, to the furthest extent constitutionally possible, prohibit, restrict, limit, or require the reporting of soft money expenditures, independent expenditures, or other expenditures, which when viewed by a "reasonable person" and in the totality of the circumstances, are little more than attempts to evade the current system of campaign practices regulation;
(4) which, if adopted, would maintain the ability of any reviewing court to preserve portions of the act deemed constitutional while invalidating other provisions as unconstitutional;
(5) which, if adopted, would not establish any advantage for any political party or candidate unless this advantage is coincident with the best method available to protect the public's interest in its electoral process;
(6) which, if adopted, should be a commitment to an informed, empowered electorate;
(7) which, if adopted, would ensure that "soft money," special interests, and campaign spending do not continue to erode the foundation of our election system;
(8) which, if adopted, would neither allow the electoral process to be corrupted by the unlimited and unregulated expenditure of funds to influence elections or ballot measures by donors cloaked with anonymity, yet closely affiliated with the election or defeat of a candidate or the approval or disapproval of a ballot measure, nor allow such expenditures to flood the airwaves, billboards, and newspapers with de facto direct candidate or ballot measure advocacy erodes the rule of law and has elevated evasion of campaign finance laws to a high art;
(9) which, if adopted, would keep elected campaigns for statewide and state legislative offices from becoming too expensive so that South Carolinians are financially unable to seek election to public office and candidates for statewide offices are not required to spend inordinate amounts of time raising campaign funds;
(10) which, if adopted, would allow for the identification of persons who publish political advertisements so as to assist in enforcement of the contribution and expenditure limitations established by this act;
(11) which, if adopted would require any officer, director, or employee of an entity which ranks or rates the actions, vote, or failure to act or vote of any public office or public member to file statements of economic interest, as defined by Chapter 13 of Title 8 of the South Carolina Code of Laws, 1976. These requirements should not apply to any officer, director, or employee of any entity whose primary business is the publication of a newspaper or other periodical or the production of any electronic media programming.
(B) The commission is specifically charged with the duty to propose:
(1) recommendations that would, to the furthest extent perceived to be constitutionally permissible, prohibit, restrict, limit, or require the reporting of soft money and independent expenditures from any source to any candidate or in support or opposition to any ballot measure when the source of the money would appear to be affiliated with any candidate or ballot measure;
(2) recommendations that would, to the furthest extent perceived to be constitutionally permissible, restrict the flow of campaign expenditures to those made directly by the candidate or ballot measure committee;
(3) recommendations that would increase limits for contributions made directly to a candidate or ballot measure committee commensurate with the commission's restriction of expenditures to be made only by these committees;
(4) recommendations that would establish effective enforceable penalties for violations of the commission's proposals; and
(5) recommendations that would require the Ethics Commission to post campaign finance reports on the Internet.
(C) The study commission shall be composed of fifteen members to include:
(1) the Chairman of the House Judiciary Committee, or his designee, who must be a member of the House Judiciary Committee;
(2) the Chairman of the Senate Judiciary Committee, or his designee, who must be a member of the Senate Judiciary Committee;
(3) four members of the general public to be jointly appointed by the Chairmen of the House and Senate Judiciary committees;
(4) a member of an organization, with a statewide perspective, committed to the development of business manufacturing and industrial development to be jointly appointed by the Chairmen of the House and Senate Judiciary committees;
(5) a member of an organization of women having a primary purpose of improving the state's election process on a nonpartisan basis to be jointly appointed by the Chairmen of the House and Senate Judiciary committees;
(6) a member of an organization having the primary purposes of improving the state's election process and increasing voter turnout on a nonpartisan basis to be jointly appointed by the Chairmen of the House and Senate Judiciary committees;
(7) a member or retired member of the judiciary to be jointly appointed by the Chairmen of the House and Senate Judiciary committees;
(8) a current or former member of the faculty of the University of South Carolina School of Law who specializes in constitutional law to be jointly appointed by the Chairmen of the House and Senate Judiciary committees;
(9) a member of the Ethics Commission to be jointly appointed by the Chairmen of the House and Senate Judiciary committees;
(10) two former members of the General Assembly, to be jointly appointed by the Chairmen of the House and Senate Judiciary committees; and
(11) a member of a public advocacy group to be jointly appointed by the Chairmen of the House and Senate Judiciary committees.
(D) No member of the commission shall be a registered lobbyist or have been a registered lobbyist within the past year.
(E) The commission must submit its report to the General Assembly no later than March 15, 2001 at which time the commission is dissolved.
(F) The commission must be staffed by personnel as provided and assigned by the Chairman of the House Judiciary Committee from the House staff and by the Chairman of the Senate Judiciary Committee from the Senate staff.
(G) The commission shall employ a reporter to the commission.
(H) The chairperson shall be jointly appointed by the Chairmen of the House and Senate Judiciary committees and shall be chosen from the members of the commission.
SECTION 34. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or the validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, paragraphs, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 35. Except as otherwise stated herein, this act takes effect upon approval by the Governor. /
Amend title to conform.
Thomas L. Moore Gary J. Simrill Maggie Wallace Glover William Douglas Smith Larry A. Martin Ronald Nathan Fleming On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
I voted for Bill S. 250 on two previous votes, let the record show. I was not present for the third vote, due to being out of the Chamber, meeting with a constituent, but I would have again voted in favor of this Bill, as I had voted in favor on the two previous occasions.
Rep. Jake Knotts
The following was received:
Columbia, S.C., June 22, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Conference on the following Bill, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification:
H. 4775 (Word version) -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 2000. (Abbreviated Title)
The Senate has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 22, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Free Conference on the following Joint Resolution, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification:
H. 4776 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1999-00.
The Senate has ordered the Joint Resolution enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 22, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 263:
S. 263 (Word version) -- Senators Peeler, Wilson, Passailaigue, Ryberg, Leventis, McConnell, Leatherman, Hayes, Russell, Reese, Grooms and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-616 SO AS TO PROVIDE THAT THE INTERSTATE HIGHWAY SYSTEM CONSISTS OF SEGMENTS OF HIGHWAY OFFICIALLY DESIGNATED IN THE NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR; TO AMEND SECTION 56-5-1540, AS AMENDED, RELATING TO THE ALTERATION OF SPEED LIMITS BY LOCAL AUTHORITIES, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT IN AN URBAN DISTRICT IS SEVENTY MILES AN HOUR; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.
The Report of the Committee of Conference, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification.
The Senate has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 22, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators RAVENEL, RANKIN and PASSAILAIGUE of the Committee of Free Conference on the part of the Senate on H. 3808:
H. 3808 (Word version) -- Reps. Kelley, Keegan, Witherspoon, Edge, Miller, Simrill, Rhoad, Altman, Barrett, Battle, Campsen, Davenport, Emory, Limehouse, R. Smith, Vaughn, Walker and Wilkes: A BILL TO AMEND SECTION 12-24-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEEDS EXEMPTED FROM THE STATE'S DEED RECORDING FEE, SO AS TO ALLOW AN EXEMPTION FOR DEEDS THAT TRANSFER REALTY FROM AN AGENT TO THE AGENT'S PRINCIPAL IN WHICH THE REALTY WAS PURCHASED WITH FUNDS OF THE PRINCIPAL.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 22, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3808:
H. 3808 (Word version) -- Reps. Kelley, Keegan, Witherspoon, Edge, Miller, Simrill, Rhoad, Altman, Barrett, Battle, Campsen, Davenport, Emory, Limehouse, R. Smith, Vaughn, Walker and Wilkes: A BILL TO AMEND SECTION 12-24-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEEDS EXEMPTED FROM THE STATE'S DEED RECORDING FEE, SO AS TO ALLOW AN EXEMPTION FOR DEEDS THAT TRANSFER REALTY FROM AN AGENT TO THE AGENT'S PRINCIPAL IN WHICH THE REALTY WAS PURCHASED WITH FUNDS OF THE PRINCIPAL.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 22, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Conference on the following Bill, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification:
H. 3808 (Word version) -- Reps. Kelley, Keegan, Witherspoon, Edge, Miller, Simrill, Rhoad, Altman, Barrett, Battle, Campsen, Davenport, Emory, Limehouse, R. Smith, Vaughn, Walker and Wilkes: A BILL TO AMEND SECTION 12-24-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEEDS EXEMPTED FROM THE STATE'S DEED RECORDING FEE, SO AS TO ALLOW AN EXEMPTION FOR DEEDS THAT TRANSFER REALTY FROM AN AGENT TO THE AGENT'S PRINCIPAL IN WHICH THE REALTY WAS PURCHASED WITH FUNDS OF THE PRINCIPAL.
The Senate has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 22, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators MOORE, GLOVER and MARTIN of the Committee of Free Conference on the part of the Senate on S. 250:
S. 250 (Word version) -- Senators Leatherman and Hayes: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYIST'S PRINCIPAL'S REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO REQUIRE THE APPROVAL OF THE STATE ETHICS COMMISSION, IN ADDITION TO THE RESPONDENT, TO WAIVE THE CONFIDENTIALITY OF THE EXISTENCE OF THE COMPLAINT AFTER IT HAS BEEN DISMISSED WHEN A COMPLAINT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; AND TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 22, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 250:
S. 250 (Word version) -- Senators Leatherman and Hayes: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYIST'S PRINCIPAL'S REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO REQUIRE THE APPROVAL OF THE STATE ETHICS COMMISSION, IN ADDITION TO THE RESPONDENT, TO WAIVE THE CONFIDENTIALITY OF THE EXISTENCE OF THE COMPLAINT AFTER IT HAS BEEN DISMISSED WHEN A COMPLAINT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; AND TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS.
The Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act and the Act enrolled for ratification.
The Senate has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
Rep. J. H. NEAL presented to Rep. SHEHEEN a Concurrent Resolution honoring him with the title SPEAKER EMERITUS for his twenty-four years of superb service to the House and the State of South Carolina.
The Senate sent to the House the following:
S. 1443 (Word version) -- Senator Drummond: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, THE GENERAL ASSEMBLY IS AUTHORIZED TO CONTINUE IN SESSION AFTER 5:00 P.M. ON THURSDAY, JUNE 22, 2000; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS ON THURSDAY, JUNE 22, 2000, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
Be it resolved by the Senate, the House of Representatives concurring:
(1) Pursuant to the provisions of Article III, Section 21 of the Constitution of this State and Section 2-1-180 of the 1976 Code, the mandatory Sine Die adjournment date for the General Assembly is changed and extended, as authorized by law, to permit the General Assembly to continue in session Thursday, June 22, 2000, after 5:00 p.m., for the following matters and subject to the following conditions, as applicable:
(A) ratification of acts.
(2) When each house adjourns on Thursday, June 22, 2000, the General Assembly shall stand adjourned Sine Die.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Bailey Bales Barfield Barrett Battle Bowers Breeland Brown, J. Campsen Carnell Cato Chellis Clyburn Cotty Davenport Delleney Emory Fleming Frye Gamble Gourdine Harrell Harrison Hawkins Hines, J. Hines, M. Huggins Inabinett Kelley Kennedy Kirsh Klauber Koon Leach Lee Littlejohn Lucas Mack Martin McCraw McGee McLeod, M. McMahand Miller Moody-Lawrence Neal, J.M. Neilson Ott Perry Rhoad Rice Riser Rodgers Sandifer Seithel Sheheen Smith, D.C. Smith, J. Stille Stuart Taylor Townsend Tripp Webb Wilder Wilkins
Those who voted in the negative are:
So, the Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was received:
Columbia, S.C., June 22, 2000
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 5:30 p.m. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. HARRISON the invitation was accepted.
At 5:30 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:
(R439, S. 250 (Word version)) -- Senators Leatherman and Hayes: AN ACT TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYISTS' PRINCIPALS' REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY OR DEPARTMENT REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT, SO AS TO DELETE WITHIN THE DEFINITION OF "ELECTION", A BALLOT MEASURE; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE A PROCEDURE FOR A PERSON TO PETITION THE COURT OF COMMON PLEAS ALLEGING THE VIOLATIONS COMPLAINED OF AND PRAYING FOR APPROPRIATE RELIEF DURING THE FIFTY-DAY PERIOD BEFORE AN ELECTION AND TO REQUIRE A NOTICE OF WAIVER BE FORWARDED TO THE STATE ETHICS COMMISSION AFTER A COMPLAINT HAS BEEN DISMISSED WHEN IT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; TO AMEND SECTION 8-13-530, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS COMMITTEES, SO AS TO INCLUDE LEGISLATIVE CAUCUS COMMITTEES WITHIN THE JURISDICTION OF A COMMITTEE AND PROVIDE A PROCEDURE FOR A PERSON TO PETITION THE COURT OF COMMON PLEAS ALLEGING THE VIOLATION COMPLAINED OF PRAYING FOR APPROPRIATE RELIEF DURING THE FIFTY-DAY PERIOD BEFORE AN ELECTION; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS RELATING TO CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "COMMITTEE" TO INCLUDE AN INDIVIDUAL WHO, TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE, MAKES INDEPENDENT EXPENDITURES AGGREGATING FIVE HUNDRED DOLLARS OR MORE DURING AN ELECTION CYCLE, TO AMEND THE DEFINITION OF "ELECTION" TO DELETE BALLOT MEASURE WITHIN ITS DEFINITION, TO AMEND THE DEFINITION OF "INDEPENDENT EXPENDITURE" TO INCLUDE AN EXPENDITURE MADE UPON CONSULTATION WITH A COMMITTEE OR AGENT OF A COMMITTEE OR A BALLOT MEASURE COMMITTEE OR AN AGENT OF A BALLOT MEASURE COMMITTEE, BY DEFINING "BALLOT MEASURE COMMITTEE" AND "INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE"; TO AMEND SECTION 8-13-1302, RELATING TO MAINTENANCE OF RECORDS OF CONTRIBUTIONS BY A CANDIDATE, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1304, RELATING TO THE REQUIREMENT THAT COMMITTEES RECEIVING AND SPENDING FUNDS MUST FILE A STATEMENT OF ORGANIZATION, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN ONE THOUSAND DOLLARS IN THE AGGREGATE DURING AN ELECTION CYCLE TO INFLUENCE THE OUTCOME OF A BALLOT MEASURE TO FILE A STATEMENT OF ORGANIZATION AND DELETE THE REQUIREMENT FOR THE STATEMENT TO BE FILED BY A COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN FIVE HUNDRED DOLLARS; TO AMEND SECTION 8-13-1306, RELATING TO THE CONTENTS OF A STATEMENT OF ORGANIZATION, SO AS TO INCLUDE BALLOT MEASURE COMMITTEE WHERE APPLICABLE; TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO THE FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO INCLUDE THE MAKING OF INDEPENDENT EXPENDITURES WITHIN THE REQUIREMENTS OF THE SECTION, AND REQUIRE A CERTIFIED CAMPAIGN REPORT TO BE FILED UPON THE RECEIPT OF ANYTHING OF VALUE TOTALING, IN AN ACCUMULATED AGGREGATE, TWO THOUSAND FIVE HUNDRED DOLLARS OR MORE; BY ADDING SECTION 8-13-1309, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE REQUIRED TO FILE A STATEMENT OF ORGANIZATION MUST FILE AN INITIAL CERTIFIED CAMPAIGN REPORT; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1316, RELATING TO RESTRICTIONS ON CAMPAIGN CONTRIBUTIONS RECEIVED FROM POLITICAL PARTIES, SO AS TO PROHIBIT A POLITICAL PARTY FROM RECEIVING CONTRIBUTIONS THROUGH ITS PARTY COMMITTEES OR LEGISLATIVE CAUCUS COMMITTEES WHICH TOTAL CERTAIN AGGREGATE AMOUNTS AND PROVIDE THAT A CONTRIBUTION GIVEN IN VIOLATION OF SUBSECTION (A) OF THIS SECTION MAY NOT BE KEPT BY THE RECIPIENT, BUT WITHIN TEN DAYS REMIT IT TO THE CHILDREN'S TRUST FUND; TO AMEND SECTION 8-13-1324, RELATING TO ANONYMOUS CAMPAIGN CONTRIBUTIONS, SO AS TO PROHIBIT THESE CONTRIBUTIONS TO A BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1332, RELATING TO UNLAWFUL CONTRIBUTIONS AND EXPENDITURES, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE AS WELL AS A COMMITTEE AND DELETE FROM THE PROHIBITION AN ORGANIZATION OR COMMITTEE OF AN ORGANIZATION TO SOLICIT CONTRIBUTIONS TO THE ORGANIZATION COMMITTEE FROM A PERSON OTHER THAN ITS MEMBERS AND THEIR FAMILIES; BY ADDING SECTION 8-13-1333 SO AS TO AUTHORIZE NOT-FOR PROFIT-CORPORATIONS AND COMMITTEES FORMED BY NOT-FOR-PROFIT CORPORATIONS TO SOLICIT CONTRIBUTIONS FROM THE GENERAL PUBLIC; TO AMEND SECTION 8-13-1354, AS AMENDED, RELATING TO THE IDENTIFICATION OF A PERSON INDEPENDENTLY PAYING FOR ELECTION-RELATED COMMUNICATION, SO AS TO DELETE A BALLOT MEASURE FROM THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; TO AMEND SECTION 8-13-1368, RELATING TO TERMINATION OF CAMPAIGN FILING REQUIREMENTS, SO AS TO INCLUDE BALLOT MEASURE COMMITTEES WITH THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1370, RELATING TO THE USE OF UNEXPENDED CONTRIBUTIONS BY A CANDIDATE AFTER AN ELECTION, SO AS TO INCLUDE BALLOT MEASURE COMMITTEE WITHIN THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS; TO AMEND SECTION 8-13-1510, RELATING TO THE PENALTY FOR LATE FILING OF OR FAILURE TO FILE A REPORT OR STATEMENT, SO AS TO DELETE THE FIVE HUNDRED DOLLAR MAXIMUM FINE; TO AMEND SECTION 8-13-1520, RELATING TO A VIOLATION OF CHAPTER 13 OF TITLE 8, SO AS TO MAKE CERTAIN VIOLATIONS OF ARTICLE 13 OF CHAPTER 8 A MISDEMEANOR AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO CREATE AN ADVISORY CAMPAIGN REFORM STUDY COMMISSION, TO PROVIDE FOR ITS COMPOSITION, POWERS, DUTIES, AND RESPONSIBILITIES.
(R440, S. 263 (Word version)) -- Senators Peeler, Wilson, Passailaigue, Ryberg, Leventis, McConnell, Leatherman, Hayes, Russell, Reese, Grooms and Short: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-785 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL REQUIRE THE PLACEMENT OF CONSTRUCTION WORK SIGNS WHEN NECESSARY TO INFORM MOTORISTS OF ONGOING CONSTRUCTION, DIRECT THE REMOVAL OF THESE SIGNS WHEN THE CONSTRUCTION IS SUBSTANTIALLY COMPLETED, AND ASSUME RESPONSIBILITY FOR TRAFFIC MAINTENANCE UPON REMOVAL OF THESE SIGNS, AND PROVIDE THAT CERTAIN HIGHWAY WORK ZONE SIGNS MUST BE REMOVED OR COVERED WITH WEATHER RESISTANT MATERIAL WHEN A WORK ZONE BECOMES INACTIVE FOR MORE THAN THREE DAYS.
(R441, S. 320 (Word version)) -- Senator Peeler: AN ACT TO AMEND CHAPTER 13, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF FISH, BY ADDING SECTION 50-13-385, SO AS TO PROVIDE THAT IT SHALL BE UNLAWFUL TO TAKE OR POSSESS LARGE-MOUTH BASS LESS THAN TWELVE INCHES IN LENGTH IN LAKE MARION, LAKE MOULTRIE, AND IN LAKE WYLIE LOCATED IN YORK COUNTY IN GAME ZONE 4, AND TO PROVIDE PENALTIES FOR A VIOLATION OF THE SECTION.
(R442, S. 544 (Word version)) -- Senators Hayes, J. V. Smith, Alexander, Moore, Drummond, Setzler, Branton, Courson, Fair, Giese, Gregory, Grooms, Jackson, Thomas, Martin, McGill, Mescher, O'Dell, Peeler, Russell, Ryberg, Waldrep, Wilson and Leatherman: AN ACT TO AMEND SECTION 14-1-211, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETENTION OF CERTAIN SURCHARGES COLLECTED BY A COURT TO BE USED TO PROVIDE SERVICES TO CRIME VICTIMS, SO AS TO IMPOSE A SURCHARGE ON A PERSON CONVICTED OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION AND USE THE REVENUE COLLECTED PURSUANT TO THE SURCHARGE TO PROVIDE SERVICES FOR VICTIMS OF CRIME, TO IMPOSE AN ADDITIONAL SURCHARGE ON A PERSON CONVICTED OF DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER DRUG OR SUBSTANCE, AND ON A PERSON CONVICTED OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION AND USE THE REVENUE COLLECTED PURSUANT TO THIS SURCHARGE TO FUND SPINAL CORD RESEARCH BY THE MEDICAL UNIVERSITY OF SOUTH CAROLINA AND OPERATING AND ADMINISTRATIVE COSTS INCURRED BY MUNICIPAL AND COUNTY GOVERNMENTS RELATED TO THE COLLECTION OF THESE SURCHARGES, AND TO PROVIDE THAT A REPORT DETAILING THE USE OF REVENUES COLLECTED PURSUANT TO THESE SURCHARGES MUST BE FURNISHED TO THE GENERAL ASSEMBLY ON AN ANNUAL BASIS; TO AMEND CHAPTER 38, TITLE 44, RELATING TO HEAD AND SPINAL CORD INJURIES, BY ADDING ARTICLE 5, SO AS TO CREATE THE SPINAL CORD RESEARCH BOARD FOR THE PURPOSE OF ADMINISTERING THE SPINAL CORD RESEARCH FUND WHICH REVENUES ARE GENERATED PURSUANT TO A SURCHARGE IMPOSED UPON PERSONS CONVICTED OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, AND TO PROVIDE FOR THE BOARD'S COMPOSITION, APPOINTMENT OF ITS MEMBERS, MEMBERS' TERMS OF SERVICE, ELECTION OF OFFICERS, MEETING DATES, LIABILITY FOR LOSSES SUSTAINED OR DAMAGES SUFFERED ON ACCOUNT OF AN ACTION OR INACTION OF THE BOARD, COMPENSATION, DUTIES, AND RESPONSIBILITIES; TO AMEND SECTION 56-1-286 RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE WHO DRIVES A MOTOR VEHICLE AND HAS A CERTAIN ALCOHOL CONCENTRATION, SO AS TO PROVIDE THAT A PERSON WHO PREVIOUSLY WAS CONVICTED OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION WITHIN A CERTAIN PERIOD OF TIME WHO REFUSES TO SUBMIT TO CHEMICAL TESTS UNDER CERTAIN CIRCUMSTANCES MUST HAVE HIS PRIVILEGE TO OPERATE A MOTOR VEHICLE SUSPENDED OR DENIED FOR ONE YEAR, TO PROVIDE THAT IF A PERSON WHO PREVIOUSLY WAS CONVICTED OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION WITHIN A CERTAIN PERIOD OF TIME AND REGISTERS AN ALCOHOL CONCENTRATION OF TWO-HUNDREDTHS OF ONE PERCENT OR MORE MUST HAVE HIS PRIVILEGE TO OPERATE A MOTOR VEHICLE SUSPENDED OR DENIED FOR SIX MONTHS, TO PROVIDE THAT A PERSON WHOSE PRIVILEGE TO OPERATE A MOTOR VEHICLE HAS BEEN SUSPENDED UNDER THESE CIRCUMSTANCES MUST HAVE THIS PRIVILEGE RESTORED ONCE THE SUSPENSION PERIOD IS CONCLUDED EVEN IF HE HAS NOT COMPLETED THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM IN WHICH HE IS ENROLLED AND WHICH MUST BE COMPLETED FOR HIM TO MAINTAIN HIS PRIVILEGE TO OPERATE A MOTOR VEHICLE, TO PROVIDE THAT A PERSON MUST BE ATTENDING OR HAVE COMPLETED AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM UNDER CERTAIN CIRCUMSTANCES BEFORE HIS DRIVING PRIVILEGES MAY BE RESTORED AT THE CONCLUSION OF THE SUSPENSION PERIOD, TO REVISE THE PERIOD FROM TEN TO THIRTY DAYS IN WHICH A PERSON MAY REQUEST AN ADMINISTRATIVE HEARING AND ENROLL IN AN ALCOHOL SAFETY ACTION PROGRAM, OBTAIN A TEMPORARY ALCOHOL RESTRICTED LICENSE AFTER BEING ISSUED A NOTICE OF SUSPENSION OF HIS PRIVILEGE TO OPERATE A MOTOR VEHICLE, OR BE SUBJECT TO CERTAIN PENALTIES FOR FAILING TO ACT WITHIN THIS PERIOD OF TIME, TO REVISE THE PERIOD FROM TEN DAYS TO THIRTY DAYS IN WHICH AN ADMINISTRATIVE HEARING MUST BE HELD AFTER ONE IS REQUESTED BY A PERSON WHO HAS BEEN ISSUED A NOTICE OF SUSPENSION OF HIS PRIVILEGE TO OPERATE HIS MOTOR VEHICLE, TO DELETE THE PROVISION THAT ALLOWS A CONTINUANCE TO BE GRANTED FOR AN ADMINISTRATIVE HEARING UPON A SHOWING OF EXIGENT CIRCUMSTANCES, TO PROVIDE THAT IF THE DEPARTMENT OF PUBLIC SAFETY DOES NOT HOLD AN ADMINISTRATIVE HEARING WITHIN THIRTY DAYS, IT MUST ISSUE AN ORDER THAT PROVIDES THE REASONS WHY THE HEARING WAS NOT HELD AND SCHEDULE A NEW HEARING, TO PROVIDE THAT IF THE DEPARTMENT DOES NOT ISSUE A WRITTEN ORDER WITHIN THIRTY DAYS OR FAILS WITHIN THIRTY DAYS TO NOTIFY THE DEFENDANT OF A NEW HEARING DATE, THEN THE PERSON MUST HAVE HIS PRIVILEGE TO OPERATE A MOTOR VEHICLE RESTORED, AND TO DELETE A REFERENCE TO THE USE OF DIVISION PROCEDURES IN THE ADMINISTRATION OF TESTS AND THE TAKING OF SAMPLES PURSUANT TO THIS SECTION; TO AMEND SECTION 56-1-1320, AS AMENDED, RELATING TO THE ISSUANCE OF A PROVISIONAL DRIVER'S LICENSE TO A PERSON CONVICTED OF OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR, DRUGS, OR NARCOTICS, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO PERSONS CONVICTED OF OPERATING A MOTOR VEHICLE UNDER THE INFLUENCE OF ALCOHOL, ANY OTHER DRUG OR A COMBINATION OF ALCOHOL AND OTHER DRUGS OR SUBSTANCES UNDER SECTION 56-5-2930, AND DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION UNDER SECTION 56-5-2933; TO AMEND SECTION 56-5-2930, AS AMENDED, RELATING TO THE OPERATING OF A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, ANY OTHER DRUG, OR A COMBINATION OF ALCOHOL AND OTHER DRUGS OR SUBSTANCES, SO AS TO MAKE A TECHNICAL CHANGE; BY ADDING SECTION 56-5-2933 SO AS TO ESTABLISH THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION AND PROVIDE PROCEDURES FOR THE PROSECUTION AND DEFENSE OF A PERSON CHARGED WITH THIS OFFENSE; BY ADDING SECTIONS 56-5-2934 AND 56-5-2935 SO AS TO PROVIDE THAT A PERSON CHARGED WITH OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANY OTHER DRUG OR A COMBINATION OF DRUGS OR SUBSTANCES, DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION OR CAUSING GREAT BODILY INJURY OR DEATH BY OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF ALCOHOL AND DRUGS SHALL HAVE THE RIGHT TO COMPULSORY PROCESS FOR OBTAINING CERTAIN WITNESSES, DOCUMENTS, OR BOTH, TO PROVIDE THAT AT THE TIME OF AN ARREST FOR THESE OFFENSES, THE ARRESTING OFFICER MUST INFORM THE DEFENDANT OF HIS RIGHT TO ALL HEARINGS PROVIDED BY LAW AND PROVIDE HIM WITH THE APPROPRIATE FORM TO REQUEST THE HEARINGS, AND TO PROVIDE THAT A PERSON CHARGED WITH ONE OF THESE OFFENSES HAS THE RIGHT TO A SPEEDY AND PUBLIC TRIAL BY AN IMPARTIAL JURY; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO THE PENALTIES FOR OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, ANY OTHER DRUG, OR A COMBINATION OF OTHER DRUGS OR SUBSTANCES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION AND TO MAKE TECHNICAL CHANGES; BY ADDING SECTION 56-5-2941 SO AS TO PROVIDE THAT IN ADDITION TO THE PENALTIES IMPOSED ON A PERSON WHO OPERATES A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, ANY OTHER DRUG, OR A COMBINATION OF OTHER DRUGS OR SUBSTANCES, DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, OR WHO CAUSES GREAT BODILY INJURY OR DEATH BY OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL, SO AS TO PROVIDE THAT THE COURT MAY REQUIRE THE PERSON TO HAVE INSTALLED ON THE VEHICLE HE WAS OPERATING UNDER CERTAIN CIRCUMSTANCES AN IGNITION INTERLOCKS DEVICE DESIGNED TO PREVENT THE OPERATION OF THE MOTOR VEHICLE IF THE OPERATOR HAS CONSUMED ALCOHOLIC BEVERAGES, AND PROVIDE THE CONDITIONS UPON WHICH THE DEVICE MUST BE INSTALLED AND OPERATED; BY ADDING SECTION 56-5-2949 SO AS TO PROVIDE THAT ANY SOUTH CAROLINA LAW ENFORCEMENT DIVISION POLICY, PROCEDURE, OR REGULATION RELATING TO BREATH ALCOHOL TESTING, BREATH SITE VIDEOTAPING, OR IGNITION INTERLOCKS IN EFFECT AFTER A CERTAIN DATE BE PUBLICLY ACCESSIBLE ON THE AGENCY'S INTERNET WEBSITE, AND TO PROVIDE A PROCEDURE FOR REMOVING THIS INFORMATION FROM THE AGENCY'S WEBSITE; TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO A MOTOR VEHICLE OPERATOR'S IMPLIED CONSENT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC CONTENT OF HIS BLOOD, SO AS TO PROVIDE THAT A BREATH TEST MUST BE ADMINISTERED BY A PERSON TRAINED BY THE DEPARTMENT OF PUBLIC SAFETY AND NOT BY SLED PURSUANT TO SLED POLICIES, TO REVISE THE PERIOD OF TIME A PERSON HAS A RIGHT TO REQUEST AN ADMINISTRATIVE HEARING AND ENROLL IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM FROM TEN TO THIRTY DAYS AFTER THE ISSUANCE OF A NOTICE OF SUSPENSION OF A PERSON'S PRIVILEGE TO OPERATE A MOTOR VEHICLE, TO PROVIDE THAT A PERSON'S REQUEST FOR ADDITIONAL BLOOD OR URINE TESTS IS NOT ADMISSIBLE AGAINST THE PERSON IN A CRIMINAL TRIAL, TO PROVIDE THAT THIS PROVISION APPLIES TO A CRIMINAL PROSECUTION OF THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, TO PROVIDE THAT IF A PERSON'S ALCOHOL CONCENTRATION WAS AT THE TIME OF A CHEMICAL TEST TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE AND THE ORIGINAL TESTING OF THE PERSON'S BREATH OR COLLECTION OF OTHER BODILY FLUIDS WAS PERFORMED WITHIN TWO HOURS OF THE TIME OF HIS ARREST, THEN THE PERSON IS GUILTY OF THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR HIS REFUSING TO SUBMIT TO TESTING TO DETERMINE WHETHER THE PERSON IS UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, OR THE COMBINATION OF ALCOHOL AND DRUGS, OR FOR HAVING CERTAIN LEVELS OF ALCOHOL CONCENTRATION, SO AS TO PROVIDE THAT CERTAIN PROVISIONS CONTAINED IN THIS STATUTE APPLY TO THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, TO REVISE FROM TEN DAYS TO THIRTY DAYS THE PERIOD OF TIME IN WHICH A PERSON WHO HAS BEEN ISSUED A NOTICE OF SUSPENSION UNDER CERTAIN CIRCUMSTANCES MUST ENROLL IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM, AND PROVIDE THAT A PERSON WHO FAILS TO ENROLL IN THE PROGRAM WITHIN THIRTY DAYS IS SUBJECT TO CERTAIN PENALTIES, TO REVISE FROM TEN DAYS TO THIRTY DAYS THE PERIOD OF TIME IN WHICH A PERSON WHO HAS BEEN ISSUED A NOTICE OF SUSPENSION MAY OBTAIN A TEMPORARY ALCOHOL RESTRICTED LICENSE AND REQUEST AN ADMINISTRATIVE HEARING, TO PROVIDE THAT THE ADMINISTRATIVE HEARING MUST BE HELD AND NOT SCHEDULED WITHIN THIRTY DAYS OF A REQUEST FOR A HEARING, TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST ISSUE AN ORDER WITHIN THIRTY DAYS, AND NOT TEN DAYS, IF THE HEARING IS NOT HELD, TO PROVIDE THAT IF THE DEPARTMENT DOES NOT ISSUE AN ORDER WITHIN THIRTY DAYS INSTEAD OF TEN DAYS OR FAILS WITHIN THIRTY DAYS TO NOTIFY THE DEFENDANT OF A NEW HEARING, THEN THE PERSON'S PRIVILEGE TO OPERATE A MOTOR VEHICLE IS REINSTATED, TO DELETE A PROVISION THAT REQUIRES THAT TESTS ADMINISTERED AND SAMPLES OBTAINED TO DETERMINE A PERSON'S ALCOHOL CONCENTRATION MUST COMPLY WITH DIVISION PROCEDURES; TO AMEND SECTION 56-5-2953, RELATING TO INCIDENT SITE AND BREATH SITE VIDEOTAPING OF CERTAIN MOTOR OFFENSES COMMITTED WHILE THE DRIVER WAS UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF ALCOHOL AND DRUGS, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION; BY ADDING SECTION 56-5-2954 SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION AND EACH LAW ENFORCEMENT AGENCY WITH A BREATH TESTING SITE MUST MAINTAIN A RECORD OF REPAIRS AND PROBLEMS REGARDING BREATH TESTING DEVICES AT EACH SITE AND PROVIDE THAT THE RECORDS ARE SUBJECT TO COMPULSORY PROCESS ISSUED BY A COURT AND ARE PUBLIC RECORDS; TO AMEND SECTION 56-5-2970, RELATING TO REPORTS OF CERTAIN CONVICTIONS, GUILTY PLEAS, PLEAS OF NOLO CONTENDERE, OR FORFEITURES OF BAILS THAT MUST BE SUBMITTED TO THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION; TO AMEND SECTION 56-5-2980, AS AMENDED, RELATING TO CERTAIN REPORTS THAT ARE REQUIRED TO BE FILED WITH THE DEPARTMENT OF PUBLIC SAFETY REGARDING CERTAIN VIOLATIONS OF THE LAW AND WHICH ARE CONSIDERED PRIMA FACIE EVIDENCE UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO VIOLATIONS OF THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION; TO AMEND SECTION 56-5-2990, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON CONVICTED OF CERTAIN OFFENSES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION; TO AMEND SECTION 56-5-2995, RELATING TO THE ADDITIONAL ASSESSMENT IMPOSED UPON A PERSON CONVICTED OF DRIVING UNDER THE INFLUENCE OF ALCOHOL, ANY OTHER DRUG, OR A COMBINATION OF OTHER DRUGS OR SUBSTANCES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION; TO PROVIDE THAT IF THE ALCOHOL CONCENTRATION LEVEL FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR OTHER INTOXICATING SUBSTANCE OFFENSES CHANGES FROM TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE TO EIGHT ONE-HUNDREDTHS OF ONE PERCENT OR MORE, CERTAIN PROVISIONS RELATING TO THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION DO NOT APPLY TO ALCOHOL CONCENTRATION LEVELS BETWEEN EIGHT ONE-HUNDREDTHS OF ONE PERCENT UP TO TEN ONE-HUNDREDTHS OF ONE PERCENT, AND, INSTEAD, FOR THIS RANGE THERE IS AN INFERENCE THAT THE PERSON WAS UNDER THE INFLUENCE OF ALCOHOL OR OTHER SUBSTANCES; TO AMEND SECTION 61-4-110, RELATING TO THE UNLAWFUL POSSESSION OF AN OPEN CONTAINER OF BEER OR WINE IN A MOTOR VEHICLE, SO AS TO CHANGE THE TERM "MOVING" TO "MOTOR", TO PROVIDE THAT THIS PROVISION APPLIES TO VEHICLES LOCATED ON THE PUBLIC HIGHWAYS OR HIGHWAY RIGHTS OF WAY OF THIS STATE AND DOES NOT APPLY TO VEHICLES PARKED IN LEGAL PARKING PLACES DURING CERTAIN EVENTS, AND TO PROVIDE A DEFINITION FOR BEER AND WINE; TO AMEND SECTION 61-6-4020, RELATING TO TRANSPORTATION OF ALCOHOLIC LIQUORS IN A MOTOR VEHICLE, SO AS TO PROVIDE A DEFINITION FOR "ALCOHOLIC LIQUORS"; AND TO PROVIDE A SEVERABILITY CLAUSE.
(R443, S. 575 (Word version)) -- Senator Giese: AN ACT TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA SALES TAX, SO AS TO PROVIDE FOR THE EXEMPTION OF SPECIFIED MEDICAL AND PHARMACEUTICAL SUPPLIES USED FOR THE INTRAVENOUS ADMINISTRATION OF A PRESCRIPTION DRUG OR MEDICINE IN CERTAIN SITUATIONS; TO AMEND SECTION 12-43-220, RELATING TO ASSESSMENT RATIOS FOR PURPOSES OF PROPERTY TAXATION, SO AS TO PROVIDE THAT COMMERCIAL TUGBOATS AND PILOT BOATS MUST BE TAXED ON AN ASSESSMENT OF FIVE PERCENT OF FAIR MARKET VALUE, TO DEFINE THOSE TERMS, AND TO CHANGE THE DEFINITION OF "COMMERCIAL FISHING BOAT", ALL EFFECTIVE JANUARY 1, 1999; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE JOB TAX CREDIT ON STATE INCOME TAX, SO AS TO REDEFINE "PROCESSING FACILITY"; TO AMEND CHAPTER 10, TITLE 12, RELATING TO THE ENTERPRISE ZONE ACT OF 1995, BY ADDING SECTION 12-10-82 SO AS TO ALLOW AN IRREVOCABLE ASSIGNMENT OF FUTURE PAYMENTS, ATTRIBUTABLE TO THE JOB DEVELOPMENT CREDIT, TO A DESIGNATED TRUSTEE; TO AMEND SECTIONS 12-10-20, AS AMENDED, 12-10-30, AS AMENDED, 12-10-50, 12-10-60, 12-10-80, AS AMENDED, 12-10-81, AND 12-10-100, ALL RELATING TO THE ENTERPRISE ZONE ACT OF 1995, SO AS TO DELETE THE REFERENCE TO "MANUFACTURING", TO DEFINE "GROSS WAGES", "JOB DEVELOPMENT CREDIT", "PRELIMINARY REVITALIZATION AGREEMENT", "REVITALIZATION AGREEMENT", AND "QUALIFYING EXPENDITURES", TO PROVIDE FOR DETERMINATION OF CREDITS WHEN A REVITALIZATION AGREEMENT IS AMENDED, TO REQUIRE CERTIFICATION BY THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT THAT THE MINIMUM EMPLOYMENT AND CAPITAL INVESTMENT LEVELS ARE MET, TO REQUIRE TEN NEW FULL-TIME JOBS WITHIN FIVE YEARS OF THE AGREEMENT, TO PROVIDE FOR A CLAIM OF LESS THAN TEN THOUSAND DOLLARS IN A CALENDAR YEAR, TO PROVIDE FOR THE DESIGNATION OF THE COUNTY IN WHICH THE PROJECT IS LOCATED, TO TOLL THE STATUTE OF LIMITATIONS AS TO WITHHOLDING TAXES DURING THE FIVE-YEAR PERIOD, TO PROVIDE THAT THE QUALIFYING JOB MUST BE CREATED IN THIS STATE, TO PROVIDE FOR AN EXTENSION OF THE AUDIT REPORT FILING FOR GOOD CAUSE, TO INCREASE THE GROSS WAGES AMOUNT USED TO DETERMINE THE MAXIMUM CREDIT CLAIMED, TO CHANGE THE DATE FOR SELECTION OF QUALIFYING BUSINESSES AND APPROVAL OF REVITALIZATION AGREEMENTS FROM MARCH 1 TO MAY 15 OF EACH YEAR, AND TO PROVIDE THAT CREDITS MAY BE EARNED FOR COSTS OF FINANCING CERTAIN UNDERTAKINGS; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES AND USE TAX, SO AS TO INCLUDE CERTAIN MACHINES NECESSARY TO COMPLY WITH FEDERAL REGULATIONS FOR PREVENTION OR ABATEMENT OF POLLUTION AND TO PROVIDE THAT A TAXPAYER GIVE NOTICE TO THE DEPARTMENT OF REVENUE THAT IT QUALIFIES FOR THE EXEMPTION BY INVESTING AT LEAST THIRTY-FIVE MILLION DOLLARS AND TO PROVIDE FOR THE TOLLING OF THE TIME LIMIT FOR ASSESSMENT OF TAXES; TO AMEND SECTION 12-36-2680, RELATING TO ISSUANCE OF AN EXEMPTION CERTIFICATE, SO AS TO ELIMINATE A CERTIFICATE ISSUED PURSUANT TO THE EXEMPTION OF CERTAIN FARM, GROVE, VINEYARD, AND GARDEN PRODUCTS; TO AMEND SECTION 12-2-75, RELATING TO SIGNATORIES TO TAX RETURNS, SO AS TO PROVIDE FOR SIGNATURE BY THE MANAGER OR AUTHORIZED GENERAL PARTNER OF A PARTNERSHIP RETURN AND FOR SIGNATURE BY AN AUTHORIZED OFFICER OR OWNER OF AN ENTITY OTHER THAN A CORPORATION, PARTNERSHIP, OR TRUST AND ESTATE, AND TO PROVIDE FOR OTHER AUTHORIZATIONS FOR SIGNING, INCLUDING FILING AND DEPOSITING SIGNATURES WITH AND KEEPING OR FORWARDING SIGNATURES BY A THIRD PARTY; BY ADDING SECTION 12-4-780 TO CHAPTER 4, TITLE 12 SO AS TO PROVIDE FOR PAYMENTS TO THE DEPARTMENT OF REVENUE BY CREDIT CARD; TO AMEND SECTION 12-6-4910, RELATING TO PERSONS AND ENTITIES REQUIRED TO MAKE A STATE INCOME TAX RETURN, SO AS TO INCLUDE AN INDIVIDUAL WHOSE FEDERAL FILING STATUS IS MARRIED, FILING SEPARATELY, AND WHOSE SPOUSE DOES NOT ITEMIZE DEDUCTIONS AMONG THOSE WHO MUST FILE IF THEY HAVE A GROSS INCOME OF A CERTAIN SUM, WITHOUT REGARD TO ANY REDUCTION FOR THE RETIREMENT INCOME DEDUCTION; TO AMEND SECTION 12-8-550, RELATING TO WITHHOLDING OF PAYMENTS MADE TO A NONRESIDENT, SO AS TO EXEMPT PAYMENTS MADE ON PURCHASE ORDERS FOR TANGIBLE PERSONAL PROPERTY WHEN NOT ACCOMPANIED BY SERVICES PERFORMED IN THIS STATE; TO AMEND SECTION 12-8-580, RELATING TO WITHHOLDING INCOME TAX BY THE BUYER OF REAL PROPERTY OR ASSOCIATED TANGIBLE PERSONAL PROPERTY FROM A NONRESIDENT SELLER, SO AS TO EXCLUDE THE SALE OF A PRINCIPAL RESIDENCE FROM THE DESCRIPTION OF A "SALE"; TO AMEND SECTION 12-10-35, RELATING TO MORATORIUM ON STATE CORPORATE INCOME TAXES FOR JOB CREATION, SO AS TO PROVIDE FOR CALCULATION OF THE STATE AVERAGE UNEMPLOYMENT RATE BASED ON THE TWO MOST RECENT CALENDAR YEARS OF AVAILABLE DATA INSTEAD OF THE LAST TWO COMPLETED CALENDAR YEARS; TO AMEND CHAPTER 6, TITLE 12, RELATING TO THE SOUTH CAROLINA INCOME TAX ACT, BY ADDING SECTION 12-6-5095 SO AS TO PROVIDE FOR THE ROUNDING TO THE NEAREST WHOLE DOLLAR OF AMOUNTS OF FILED RETURNS; TO AMEND SECTION 12-36-550, RELATING TO THE DURATION OF VALIDITY OF A RETAIL SALES LICENSE, SO AS TO PROVIDE FOR DETERMINING IF A RETAILER IS CONTINUING IN THE SAME BUSINESS; TO AMEND SECTION 12-36-2670, RELATING TO ADMINISTRATION OF OATHS AND TAKING ACKNOWLEDGEMENTS IN CONNECTION WITH TAX RETURNS OR REPORTS, SO AS TO CHANGE REFERENCES FROM "COMMISSIONERS" AND "COMMISSION" TO "DIRECTOR" AND "DEPARTMENT"; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES AND USE TAX, SO AS TO DELETE CERTAIN EFFECTIVE DATES; TO AMEND SECTION 12-44-160, RELATING TO LIBERAL CONSTRUCTION OF CHAPTER 44, THE "FEE IN LIEU OF TAX SIMPLIFICATION ACT OF 1997", SO AS TO PROVIDE FOR A PROCEDURE FOR QUALIFICATION OF ECONOMIC DEVELOPMENT PROPERTY FOR PAYMENT OF A FEE IN LIEU OF TAXES PURSUANT TO CHAPTER 12 OF TITLE 4 OR SECTION 4-29-67 IF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT IS DETERMINED TO BE UNCONSTITUTIONAL OR OTHERWISE ILLEGAL; TO AMEND SECTION 12-54-25, RELATING TO INTEREST DUE ON LATE TAXES, SO AS TO PROVIDE FOR CALCULATION OF THE INTEREST AMOUNT DUE WHEN NO RETURN IS REQUIRED ON A CERTAIN DATE; TO AMEND SECTION 12-54-43, RELATING TO CIVIL PENALTIES AND DAMAGES IN CONNECTION WITH TAX COLLECTION AND ENFORCEMENT, SO AS TO DELETE THE MINIMUM PENALTY OF ONE HUNDRED DOLLARS OR ONE HUNDRED PERCENT OF THE TAX OWED AS PRESCRIBED FOR FAILURE TO FILE A RETURN FOR TAX WITHIN SIXTY DAYS; TO AMEND SECTION 12-54-100, RELATING TO EXAMINATION OF A TAXPAYER'S RECORDS, EQUIPMENT, AND LICENSES IN ENFORCEMENT OF THE STATE'S TAX LAWS, SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF REVENUE, OR HIS AGENT, HAS ACCESS TO THE TAXPAYER'S PLACE OF BUSINESS, TANGIBLE PERSONAL PROPERTY, FACILITIES, COMPUTERS, COMPUTER PROGRAMS, AND ELECTRONIC DATA IN ADDITION TO RECORDS, EQUIPMENT, AND LICENSES, TO REQUIRE THAT THE TAXPAYER FACILITATE THE EXAMINATION, AND TO ALLOW THE DIRECTOR TO USE REASONABLE AUDIT METHODS, INCLUDING SAMPLING; TO AMEND SECTION 12-54-227, RELATING TO OUT-OF-STATE COLLECTION OF DELINQUENT TAXES, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE TO REFUND SERVICES FEES TO A COLLECTION AGENCY IF IT REMITS GROSS FUNDS AND TO CHANGE "COMMISSION" TO "DEPARTMENT"; TO AMEND SECTION 12-54-240, RELATING TO DISCLOSURE OF RECORDS AND FILINGS OF THE DEPARTMENT OF REVENUE, SO AS TO ALLOW DISCLOSURE OF INFORMATION FILED IN CONNECTION WITH THE ACCOMMODATIONS TAX AND THE TOURISM ADMISSIONS TAX; TO AMEND SECTION 12-60-3370, RELATING TO BOND REQUIREMENTS FOR APPEAL OF A DECISION PURSUANT TO THE REVENUE PROCEDURES ACT, SO AS TO DELETE THE REQUIREMENT THAT THE BOND COVER PENALTY AMOUNTS; TO AMEND SECTION 12-60-20, RELATING TO THE REVENUE PROCEDURES ACT, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 12-60-50, RELATING TO THE REVENUE PROCEDURES ACT, SO AS TO CLEARLY INCLUDE PENALTIES AND CIVIL FINES AS "TAXES" IMPOSED BY TITLE 12; TO AMEND SECTION 26-5-20, RELATING TO THE PURPOSES OF THE ELECTRONIC COMMERCE ACT, SO AS TO PROVIDE THAT A FURTHER PURPOSE OF THE ACT IS TO FACILITATE AND PROMOTE INTERSTATE AND INTERNATIONAL USE OF ELECTRONIC COMMERCE AND ONLINE GOVERNMENT; TO AMEND ARTICLE 3, CHAPTER 5 OF TITLE 26, RELATING TO THE ELECTRONIC COMMERCE ACT AND ELECTRONIC SIGNATURES AND RECORDS, BY ADDING SECTION 26-5-370 SO AS TO PROVIDE THAT ELECTRONIC SIGNATURES OR RECORDS FROM OTHER JURISDICTIONS HAVING COMMENSURATE REQUIREMENTS AND WHICH GRANT RECIPROCAL RECOGNITION TO ELECTRONIC SIGNATURES OR RECORDS FROM SOUTH CAROLINA MUST BE AFFORDED THE SAME STATUS, EFFECT, VALIDITY, AND ENFORCEABILITY AS THOSE RECOGNIZED UNDER SOUTH CAROLINA'S ELECTRONIC COMMERCE ACT; TO AMEND CHAPTER 5, TITLE 26, RELATING TO THE ELECTRONIC COMMERCE ACT, BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE APPLICABILITY OF THE COMPUTER CRIME ACT TO THE ELECTRONIC COMMERCE ACT; TO REPEAL SECTION 12-4-755 RELATING TO APPEAL OF A PROPERTY TAX EXEMPTION DENIAL; TO AMEND SECTION 12-28-1910, RELATING TO ENFORCEMENT OF TAXES ON MOTOR FUELS, SO AS TO ALLOW THE DEPARTMENT OF REVENUE OR ITS DESIGNEE TO CONDUCT INSPECTIONS AND REMOVE SAMPLES OF FUEL FROM ANY VEHICLE, TANK, OR OTHER CONTAINER, INSTEAD OF LIMITING THE INSPECTION AND REMOVAL OF SAMPLES TO A PLACE WHERE THE TAXABLE FUEL IS PRODUCED, STORED, OR LOADED FOR TRANSPORT; TO REPEAL CHAPTERS 27 AND 29 OF TITLE 12 RELATING TO TAX ON GASOLINE AND ON OTHER MOTOR FUELS; TO AMEND CHAPTER 28 OF TITLE 12, RELATING TO TAX ON MOTOR FUELS, SO AS TO REENACT FORMER SECTION 12-27-405 AS SECTION 12-28-2940; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO GENERAL EXEMPTIONS FROM PROPERTY TAXES, SO AS TO INCLUDE THE DWELLING HOUSE OF A PERMANENTLY AND TOTALLY DISABLED VETERAN IF THE VETERAN OR HIS QUALIFYING SURVIVING SPOUSE FILES A CERTIFICATE OF DISABILITY WITH THE DEPARTMENT OF REVENUE; TO DEFINE "DWELLING HOUSE" FOR PURPOSES OF THAT EXEMPTION AS THE DOMICILE OF THE QUALIFYING PERSON AND TO INCLUDE THE DWELLING HOUSE HELD IN TRUST FOR A BENEFICIARY WHO WOULD QUALIFY OTHERWISE FOR THE EXEMPTION AND WHO USES THE DWELLING HOUSE AS HIS DOMICILE; TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY FOR TAXATION, BY ALLOWING A MANUFACTURER WHO USES A CLASS 100 OR BETTER CLEAN ROOM AN ANNUAL DEPRECIATION ALLOWANCE OF TEN PERCENT INSTEAD OF ALLOWANCES TO WHICH IT OTHERWISE WOULD BE ENTITLED; TO REPEAL SECTIONS 12-43-280 AND 12-43-290 RELATING TO THE LIMITATION ON THE INCREASE IN AD VALOREM TAX AS A RESULT OF EQUALIZATION AND REASSESSMENT; TO AMEND SECTIONS 4-12-30, AS AMENDED, AND 12-44-130, BOTH RELATING TO THE MINIMUM INVESTMENT REQUIRED FOR QUALIFICATION FOR PAYMENT OF A FEE IN LIEU OF PROPERTY TAXES, SO AS TO DELETE SPECIFIC REFERENCES TO THE MINIMUM AMOUNT OF FIVE MILLION DOLLARS; TO AMEND CHAPTER 10, TITLE 4, RELATING TO LOCAL SALES AND USE TAX, BY ADDING SECTION 4-10-67 SO AS TO PROVIDE FOR THE DEPOSIT AND DISTRIBUTION OF LOCAL OPTION USE TAX FUNDS COLLECTED BY THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-37-2810, RELATING TO DEFINITION OF "MOTOR CARRIER" SO AS TO INCLUDE CERTAIN FARM VEHICLES; TO AMEND SECTION 12-37-2840, RELATING TO PROPERTY TAX RETURNS OF MOTOR CARRIERS, SO AS TO PROVIDE FOR PAYMENT OR APPEAL OF A PROPOSED ASSESSMENT ISSUED FOR FAILURE TO TIMELY FILE A RETURN OR PAY A TAX DUE; TO AMEND CHAPTER 37 OF TITLE 12, RELATING TO ASSESSMENT OF PROPERTY TAXES, BY ADDING SECTION 12-37-2842 SO AS TO PROVIDE FOR REGISTRATION AND FILING BY MOTOR CARRIERS AND TO REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO INFORM A MOTOR CARRIER OF REGISTRATION AND FILING REQUIREMENTS OF THE DEPARTMENT OF REVENUE AND TO SUPPLY FORMS; TO REPEAL SECTION 12-37-2845 RELATING TO PENALTIES FOR FAILURE OF A MOTOR CARRIER TO FILE A RETURN AND PAY TAX DUE; TO AMEND SECTION 12-54-85, RELATING TO TIME LIMITATIONS FOR ASSESSMENT OF TAXES OR FEES, SO AS TO DISTINGUISH BETWEEN A TAX AND A PENALTY NOT ASSOCIATED WITH ASSESSMENT OF A TAX AND TO PROVIDE FOR THE DETERMINATION AND ASSESSMENT OF CERTAIN TAXES AND FOR A CLAIM FOR REFUND RESULTING FROM AN ADJUSTMENT BY THE INTERNAL REVENUE SERVICE BEFORE ONE HUNDRED EIGHTY DAYS OF NOTICE OF THE ADJUSTMENT TO THE DEPARTMENT; TO AMEND SECTION 56-3-240, RELATING TO THE CONTENT OF AN APPLICATION FOR A MOTOR VEHICLE REGISTRATION, SO AS TO REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO OBTAIN A FEDERAL EMPLOYER IDENTIFICATION NUMBER OR SOCIAL SECURITY NUMBER WHEN A VEHICLE IS REGISTERED AS A BUS COMMON CARRIER OR WITH A GROSS WEIGHT EXCEEDING TWENTY-SIX THOUSAND POUNDS; TO AMEND CHAPTER 45, TITLE 12, RELATING TO COUNTY TREASURERS, BY ADDING SECTION 12-45-420, SO AS TO PROVIDE FOR A COMMITTEE COMPOSED OF THE COUNTY TREASURER, COUNTY AUDITOR, AND COUNTY ASSESSOR TO ADDRESS AN ERRONEOUS PENALTY LEVIED AGAINST PROPERTY; TO AMEND SECTION 12-43-217, RELATING TO PROPERTY REASSESSMENT, SO AS TO PROVIDE FOR POSTPONEMENT OF APPROVAL OF THE REASSESSMENT PROGRAM IF IMPLEMENTATION OF THE REVISED PROPERTY VALUATIONS IS POSTPONED; TO AMEND CHAPTER 45, TITLE 12, RELATING TO COUNTY TREASURERS, BY ADDING SECTION 12-45-78 SO AS TO PROVIDE THAT A REFUND OF OVERPAYMENT OF REAL PROPERTY TAX RESULTING FROM THE GRANTING OF THE HOMESTEAD EXEMPTION OR RESIDENTIAL CLASSIFICATION MUST BE PAID TO THE OWNER OF RECORD AT THE TIME OF THE EXEMPTION OR CLASSIFICATION; TO AMEND SECTION 12-37-610, RELATING TO LIABILITY FOR TAXES ON REAL ESTATE, SO AS TO PROVIDE FOR LIABILITY OF THE OWNER OR CARETAKER OF RECORD AS OF DECEMBER THIRTY-FIRST PRECEDING THE TAX YEAR; TO AMEND SECTION 12-51-40, RELATING TO LEVY OF EXECUTION AND SALE OF PROPERTY FOR DELINQUENT TAXES, SO AS TO PROVIDE FOR EXECUTION AGAINST PROPERTY TRANSFERRED BY THE DEFAULTING TAXPAYER AND NOTICE TO THE GRANTEE OF RECORD, AND TO PROVIDE THAT THE PROPERTY MAY BE PARTITIONED BEFORE THE SALE BUT TO ELIMINATE THE REQUIREMENT OF PARTITION OF DIVISIBLE PROPERTY; TO AMEND SECTION 12-51-50, RELATING TO PROCEDURES FOR THE SALE OF PROPERTY OF A DEFAULTING TAXPAYER, SO AS TO PROVIDE FOR SALE OF PROPERTY OF THE DEFAULTING TAXPAYER AND OF A GRANTEE OF THE DEFAULTING TAXPAYER; TO AMEND SECTION 12-51-55, RELATING TO A BID SUBMITTED BY THE FORFEITED LAND COMMISSION, SO AS TO PROVIDE THAT A SALE TO THE COMMISSION IS VOIDABLE BY THE COMMISSION UPON LATER DISCOVERY THAT THE PROPERTY IS CONTAMINATED; TO AMEND SECTION 12-51-60, RELATING TO PAYMENT BY THE SUCCESSFUL BIDDER, SO AS TO PROVIDE FOR NOTICE TO THE DEFAULTING TAXPAYER AND THE OWNER OF RECORD OF THE ISSUANCE OF THE TAX DEED; TO AMEND SECTION 12-51-120, RELATING TO NOTICE OF THE RUNNING OF THE REDEMPTION PERIOD, SO AS TO PROVIDE FOR NOTICE TO THE DEFAULTING TAXPAYER AND A PUBLICLY RECORDED GRANTEE, MORTGAGEE, OR LESSEE; TO AMEND SECTION 12-51-130, RELATING TO EXECUTION AND DELIVERY OF A TAX TITLE, SO AS TO PROVIDE THAT THE TAX TITLE INCLUDE THE NAME OF A GRANTEE OF RECORD OF THE PROPERTY AND THAT AN OVERPAYMENT BE PAID WITHIN NINETY DAYS TO THE OWNER OF RECORD; TO REPEAL ARTICLE 3, CHAPTER 49, TITLE 12, RELATING TO RIGHTS OF REAL ESTATE MORTGAGEES; TO AMEND SECTION 12-6-3510, RELATING TO THE INCOME TAX CREDIT ALLOWED FOR A PORTION OF INVESTMENTS MADE IN A QUALIFIED SOUTH CAROLINA MOTION PICTURE PROJECT AND A MOTION PICTURE PRODUCTION FACILITY OR POST-PRODUCTION FACILITY, SO AS TO ELIMINATE THE FIFTEEN THOUSAND DOLLAR LIMIT ON THE CREDIT FOR ONE QUALIFIED SOUTH CAROLINA MOTION PICTURE PROJECT AND TO INCREASE THE CARRY-FORWARD ON THESE CREDITS FROM FIVE TO FIFTEEN YEARS, TO CLARIFY THE ENTITIES ELIGIBLE FOR THESE CREDITS, TO PROVIDE WHEN THE CREDIT IS EARNED AND FOR RECOVERY OF UNEARNED CREDITS, TO CLARIFY WHAT CONSTITUTES "INVESTMENT" ELIGIBLE FOR THE CREDIT, AND TO CLARIFY AND MAKE MORE SPECIFIC DEFINITIONS RELATING TO THESE CREDITS; TO AMEND SECTION 12-6-1120, SO AS TO DELETE THE DISALLOWANCE OF THE EXCLUSION OF REAL PROPERTY EXCHANGES IF THE REAL PROPERTY IS LOCATED OUTSIDE THIS STATE; AND TO REPEAL SECTION 12-6-1180 RELATING TO CALCULATION OF THE BASIS FOR THE LIKE-KIND EXCHANGE OF REAL PROPERTY LOCATED OUTSIDE THIS STATE; AND TO SPECIFY VARIOUS EFFECTIVE DATES.
(R444, S. 705 (Word version)) -- Senators Rankin and Elliott: AN ACT TO AMEND SECTION 5-37-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE MUNICIPAL IMPROVEMENTS ACT OF 1999, SO AS TO INCLUDE WITHIN THE DEFINITION OF "IMPROVEMENTS" SERVICES OR FUNCTIONS WHICH A MUNICIPALITY IN ACCORDANCE WITH STATE LAW MAY BY LAW PROVIDE; BY ADDING SECTION 5-37-35 SO AS TO PROVIDE THAT ASSESSMENTS, REVENUES, OR DEBT SERVICE ON BONDS WHICH MAY BE USED UNDER THE PROVISIONS OF CHAPTER 37 OF TITLE 5 TO FUND MUNICIPAL IMPROVEMENTS MAY NOT BE IMPOSED OR DERIVED FROM, IN WHOLE OR IN PART, A TAX OR ASSESSMENT ON PROPERTY NOT LOCATED IN THE IMPROVEMENT DISTRICT; BY ADDING SECTION 6-21-55 SO AS TO PROHIBIT THE DEBT SERVICE ON BONDS AUTHORIZED BY CHAPTER 21 OF TITLE 6 ISSUED BY A MUNICIPALITY TO FINANCE IMPROVEMENTS UNDER THE PROVISIONS OF THE MUNICIPAL IMPROVEMENT ACT OF 1999 SHALL NOT IMPOSE OR BE DERIVED FROM, IN WHOLE OR IN PART, A TAX OR ASSESSMENT ON PROPERTY NOT LOCATED IN THE IMPROVEMENT DISTRICT; BY ADDING SECTION 5-7-36 SO AS TO PROHIBIT AN ASSESSMENT ON RESIDENTIAL PROPERTY FOR THE IMPROVEMENT DISTRICT IMPROVEMENTS FOR ADDITIONAL POLICE, FIRE, AND GARBAGE SERVICES IN IT WHICH ARE PART OF THE PLAN, AND TO PROHIBIT AN ASSESSMENT AGAINST REAL PROPERTY WHICH QUALIFIES FOR EXEMPTION FROM AD VALOREM TAXES AS A HISTORIC FORT; TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS ALONG PINE RIDGE DRIVE (S-103) AND ALONG FISH HATCHERY ROAD THAT INFORM MOTORISTS THAT TRUCK TRAFFIC IS PROHIBITED ALONG THIS ROADWAY; AND TO AMEND SECTION 44-56-170, AS AMENDED, RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND AND REPORTS, FEES, AND ADMINISTRATION OF THE FUND, SO AS TO INCLUDE WITHIN THE DEFINITION OF "INFRASTRUCTURE" THE PURCHASE OF LAND OR A BUILDING FOR ECONOMIC DEVELOPMENT.
(R445, S. 1012 (Word version)) -- Senators J. V. Smith, Fair and Anderson: AN ACT TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TEMPORARY PERMITS TO SELL ALCOHOLIC LIQUORS, AFTER A FAVORABLE REFERENDUM, SO AS TO REQUIRE THE DEPARTMENT OF REVENUE TO OFFER A FIFTY-TWO WEEK TEMPORARY PERMIT FOR A NONREFUNDABLE FEE OF THREE THOUSAND DOLLARS PER YEAR, TO PROVIDE THAT THE PERMIT MAY NOT EXTEND BEYOND THE EXPIRATION DATE OF THE BIENNIAL LICENSE ISSUED PURSUANT TO CHAPTER 6 OF TITLE 61, PROVIDE FOR THE PRORATION OF THE FEE UNDER CERTAIN CIRCUMSTANCES, INCREASE FROM TWENTY-FIVE HUNDRED TO SEVEN THOUSAND FIVE HUNDRED THE MAXIMUM NUMBER OF SIGNATURES REQUIRED TO INITIATE THE REFERENDUM, TO DELETE THE REQUIREMENT THAT THE LOCAL ELECTION COMMISSION CONDUCT THE REFERENDUM WITHIN THIRTY NOR MORE THAN FORTY DAYS AFTER RECEIVING THE PETITION, TO REQUIRE THE PETITION FORM TO BE SUBMITTED TO THE ELECTION COMMISSION NOT LESS THAN ONE HUNDRED TWENTY DAYS BEFORE THE DATE OF THE REFERENDUM, TO REQUIRE THE PETITION FORM PROVIDED TO COUNTY OFFICIALS BY THE STATE ELECTION COMMISSION BE USED, TO REQUIRE THE LOCAL ELECTION COMMISSION TO CERTIFY THE NAMES ON THE PETITION WITHIN SIXTY DAYS FROM ITS RECEIPT, AND TO REQUIRE THE REFERENDUM TO BE CONDUCTED AT THE NEXT GENERAL ELECTION.
(R446, S. 1111 (Word version)) -- Senators Setzler, Hayes, Martin, Bryan, Anderson, Land, Washington, Short, Reese, Patterson, Matthews, Glover, Courson, Mescher, O'Dell and Rankin: AN ACT TO AMEND SECTION 59-1-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LENGTH OF THE SCHOOL TERM, SO AS TO PROVIDE FOR THE MANNER IN WHICH THESE SCHOOL DAYS MUST BE USED AND TO ADD ADDITIONAL DAYS TO THE SCHOOL TERM BEGINNING WITH SCHOOL YEAR 2001-2002 CONTINGENT ON FUNDING BEING PROVIDED BY THE GENERAL ASSEMBLY; TO ADD SECTION 59-5-75 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL REVIEW AND MAKE NECESSARY REVISIONS TO CRITERIA FOR REQUESTING OUT-OF-FIELD TEACHER PERMITS; TO PROVIDE THAT THE BOARD SHALL CONSIDER ESTABLISHING FOR PRINCIPALS A RECERTIFICATION REQUIREMENT THAT THEY COMPLETE TRAINING ON WAYS TO SUPPORT TEACHERS PROFESSIONALLY; TO ADD SECTION 59-5-85 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION SHALL REVIEW AND REFINE CERTAIN PROFESSIONAL PERFORMANCE DIMENSIONS IN THE STATE'S TEACHER EVALUATION PROGRAM, TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL IMPLEMENT A PILOT PROGRAM TO DEVELOP PROCEDURES FOR INCLUDING STUDENT ACHIEVEMENT AS A COMPONENT OF THE TEACHER EVALUATION PROGRAM, AND TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP GUIDELINES FOR THE TEACHER INDUCTION PROGRAM WHICH SHALL INCLUDE SUSTAINED LONG-TERM COACHING AND ASSISTANCE; TO ADD SECTION 59-5-95 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION SHALL APPOINT A PANEL TO REVIEW TEACHER EDUCATION ACCREDITATION REQUIREMENTS AND RECOMMEND ANY ADDITIONAL TRAINING STANDARDS FOR MIDDLE GRADE TEACHER PREPARATION AND PROFESSIONAL DEVELOPMENT COURSES; TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL TAKE CERTAIN ACTIONS IN REGARD TO MIDDLE SCHOOL GRADES INCLUDING ESTABLISHING REQUIREMENTS FOR CERTIFICATION FOR TEACHING IN THE MIDDLE GRADES, GRANTING STATE CERTIFICATION TO OUT-OF-STATE TEACHERS POSSESSING MIDDLE GRADE CERTIFICATION, APPOINTING A PANEL TO RECOMMEND TRAINING STANDARDS FOR MIDDLE GRADES PREPARATION AND PROFESSIONAL DEVELOPMENT COURSES FOR MIDDLE GRADE PRINCIPALS, REVISING THE REQUIREMENTS OF THE DEFINED PROGRAM FOR THE MIDDLE GRADES INCLUDING CONSIDERING REDUCING PUPIL-TEACHER RATIOS AND GUIDANCE COUNSELOR RATIOS; TO AMEND SECTION 59-5-135, AS AMENDED, RELATING TO THE GOVERNOR'S INSTITUTE OF READING UNDER THE DEPARTMENT OF EDUCATION, SO AS TO PROVIDE THAT A PURPOSE OF THE INSTITUTE ALSO SHALL BE TO IMPROVE THE READING ABILITIES OF STUDENTS IN THE MIDDLE GRADES, AND TO ACCELERATE THE LEARNING OF STUDENTS READING BELOW GRADE LEVEL; TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION IN DEVELOPING CRITERIA FOR THE NEW ACCREDITATION SYSTEM UNDER THE EDUCATION ACCOUNTABILITY ACT SHALL CONSIDER INCLUDING THE FUNCTIONING OF SCHOOL IMPROVEMENT COUNCILS AND THE PARTICIPATION OF OTHER SCHOOL GROUPS; TO ADD SECTION 59-25-45 SO AS TO PROVIDE THAT TEACHERS WORKING LESS THAN THIRTY HOURS A WEEK BUT MORE THAN FIFTEEN HOURS A WEEK SHALL QUALIFY FOR STATE HEALTH AND DENTAL INSURANCE, AND TO PROVIDE FOR THE MANNER IN WHICH THE COST THEREOF SHALL BE PAID; TO AMEND SECTION 59-26-20, AS AMENDED, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION IN REGARD TO CERTAIN MATTERS INCLUDING THE ADMINISTRATION OF THE LOAN PROGRAM DESIGNED TO DEVELOP QUALIFIED TEACHERS, SO AS TO PROVIDE THAT AREAS OF CRITICAL NEED ALSO SHALL INCLUDE CRITICAL GEOGRAPHICAL AREAS AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH LOANS SHALL BE GRANTED TO RECIPIENTS AND FOR THE REPAYMENT OF THESE LOANS BY RECIPIENTS; TO ADD SECTION 59-26-85 SO AS TO PROVIDE THAT TEACHERS WHO ARE CERTIFIED BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS (NBPTS) SHALL BE EXEMPTED FROM CERTAIN STATE CERTIFICATION REQUIREMENTS, SHALL RECEIVE A SPECIFIED INCREASE IN PAY, AND MAY BE REIMBURSED ON A LOAN AND FORGIVENESS BASIS FOR THE COST OF SUCH CERTIFICATION; TO PROVIDE THAT THE DEPARTMENT OF EDUCATION IS DIRECTED TO REVIEW THE PURPOSES AND CERTIFICATION STANDARDS OF CERTAIN NATIONAL CERTIFYING ENTITIES AND MAKE A REPORT TO THE GENERAL ASSEMBLY NO LATER THAN DECEMBER 1, 2000; TO ADD SECTION 59-26-90 SO AS TO PROVIDE FOR AN HONORARIUM OF NO LESS THAN TWENTY-FIVE THOUSAND DOLLARS FOR THE STATE TEACHER OF THE YEAR, AN HONORARIUM OF NO LESS THAN TEN THOUSAND DOLLARS FOR THE FOUR HONOR ROLL TEACHERS OF THE YEAR, AN HONORARIUM OF NOT LESS THAN ONE THOUSAND DOLLARS FOR EACH LOCAL DISTRICT TEACHER OF THE YEAR; TO ADD SECTION 59-26-100 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH A PROGRAM WHEREBY SCHOOLS AND SCHOOL DISTRICTS MAY BE AWARDED FUNDS TO DEVELOP INCENTIVES FOR THOSE TEACHERS WHO ARE TRAINED TO AND SERVE AS MENTORS TO NEW TEACHERS; TO ADD SECTION 59-139-90 SO AS TO PROVIDE THAT SCHOOL AND DISTRICT STRATEGIC PLANS MUST INCLUDE GOALS AND OBJECTIVES FOR PARENTAL INVOLVEMENT AND METHODS USED FOR DATA COLLECTION TO SUPPORT THE EVALUATION OF PARENTAL INVOLVEMENT EFFORTS, AND TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL STUDY THE TRAINING, RESPONSIBILITIES, AND FUNDING OF PARA-PROFESSIONALS TO BETTER ENABLE SCHOOLS AND DISTRICTS TO ORGANIZE TEACHER WORK DAYS TO REDUCE TEACHER NONINSTRUCTIONAL DUTIES; AND TO AMEND SECTION 9-1-1795, RELATING TO THE EMPLOYMENT OF RETIRED TEACHERS WITHOUT THE LOSS OF RETIREMENT BENEFITS, SO AS TO REVISE THE DATE BEFORE WHICH A SCHOOL DISTRICT MAY NOT CONSIDER THE EMPLOYMENT OF SUCH A RETIRED TEACHER.
(R447, S. 1164 (Word version)) -- Senators Bryan, Setzler, Giese, Reese, Ford, Anderson, Branton, Waldrep, Hayes, Moore, Saleeby, Washington, J. V. Smith, Courson, Ravenel, Grooms, O'Dell, Holland, Fair, Martin, Matthews, Patterson, Elliott, Alexander, Land, Short, Rankin and McGill: AN ACT TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 28 SO AS TO ENACT THE "PARENTAL INVOLVEMENT IN THEIR CHILDREN'S EDUCATION ACT" INCLUDING PROVISIONS FOR STATE AND LOCAL OFFICIALS AND ENTITIES TO TAKE CERTAIN ACTIONS FOR THE ENCOURAGEMENT OF INCREASED PARENTAL INVOLVEMENT IN THE EDUCATION OF THEIR CHILDREN, FOR PARENTAL INVOLVEMENT TRAINING FOR EDUCATORS AND SCHOOL STAFF, FOR PARENTAL EXPECTATIONS FOR THEIR CHILD'S ACADEMIC SUCCESS, FOR EFFORTS TO INCREASE PARENT-TEACHER CONTACTS, FOR EVALUATION OF PARENT INVOLVEMENT EFFORTS, AND FOR THE DISSEMINATION OF PARENTAL INFORMATIONAL MATERIALS, AND TO PROVIDE THAT THE EDUCATION OVERSIGHT COMMITTEE IN CONJUNCTION WITH REPRESENTATIVES OF OTHER ENTITIES SHALL DEVELOP AND SUBMIT TO THE GENERAL ASSEMBLY RECOMMENDATIONS FOR EMPLOYER TAX CREDIT INCENTIVES THAT PROVIDE PARENT-EMPLOYEE RELEASE TIME FOR VARIOUS PARENTAL ACTIVITIES IN THEIR CHILD'S EDUCATION WITHOUT LOSS OF PAY.
(R448, S. 1291 (Word version)) -- Senator McConnell: AN ACT TO AMEND SECTION 62-5-433, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR SETTLEMENT OF CLAIMS IN FAVOR OF OR AGAINST MINORS OR INCAPACITATED PERSONS, SO AS TO PROVIDE THAT FOR SETTLEMENT OF CLAIMS IN AN AMOUNT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS, JURISDICTION SHALL BE WITH THE CIRCUIT COURT IN THE COUNTY IN WHICH THE MINOR OR INCAPACITATED PERSON RESIDES OR IN WHICH THE SUIT WAS BROUGHT, AND FOR CLAIMS NOT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS, JURISDICTION SHALL BE WITH EITHER THE CIRCUIT COURT OR PROBATE COURT IN THE COUNTY IN WHICH THE MINOR OR INCAPACITATED PERSON RESIDES OR IN WHICH THE SUIT WAS BROUGHT; TO ADD SECTION 27-7-40 SO AS TO PROVIDE AN ADDITIONAL METHOD TO CREATE A JOINT TENANCY WITH RIGHTS OF SURVIVORSHIP BY USING CERTAIN WORDS IN A DEED OF CONVEYANCE, TO PROVIDE CERTAIN INCIDENTS OF OWNERSHIP, TO PROVIDE FOR ITS SEVERANCE AND PROCEDURES FOR FILING; TO AMEND SECTION 62-2-804, AS AMENDED, RELATING TO THE EFFECT OF A PROVISION FOR SURVIVORSHIP ON SUCCESSION TO JOINT TENANCY, SO AS TO PROVIDE CERTAIN WORDS IN A WILL OR CONVEYANCE CONCLUSIVELY ESTABLISH THE RIGHT OF SURVIVORSHIP; TO AMEND SECTION 62-3-711, RELATING TO THE POWERS OF PERSONAL REPRESENTATIVES, SO AS TO PROVIDE IF A WILL DEVISES REAL PROPERTY TO A PERSONAL REPRESENTATIVE, THE REPRESENTATIVE MAY, UNDER CERTAIN CONDITIONS, EXECUTE A DEED IN FAVOR OF A PURCHASER FOR VALUE; TO AMEND SECTION 62-3-906, RELATING TO DISTRIBUTION IN KIND OF A DECEDENT'S ESTATE, SO AS TO GIVE AN EXAMPLE OF CONTRARY INTENTION INDICATED IN A WILL SUCH AS THE GRANT TO A PERSONAL REPRESENTATIVE OF A POWER OF SALE; TO AMEND SECTION 62-3-907, RELATING TO EXECUTING A DEED OF DISTRIBUTION AS EVIDENCE OF A DISTRIBUTEE'S TITLE TO PROPERTY DISTRIBUTED IN KIND, SO AS TO PROVIDE FOR THE EXECUTION OF THE DEED OF DISTRIBUTION, THE PROTECTIONS THE DEED AFFORDS IN CERTAIN SITUATIONS, AND PROCEDURES TO BE FOLLOWED BEFORE RECORDING THE DEED OF DISTRIBUTION; TO AMEND SECTION 62-3-908, RELATING TO THE RIGHTS OF THE DISTRIBUTEE, SO AS TO PROVIDE THAT AN IMPROPER DISTRIBUTION INCLUDES AN INSTANCE WHERE THE DEED OF DISTRIBUTION IS FOUND TO BE INCONSISTENT WITH THE PROVISIONS OF THE WILL OR STATUTES GOVERNING INTESTACY; TO AMEND SECTION 62-3-910, RELATING TO THE PROTECTION FOR PURCHASERS FROM DISTRIBUTEES, SO AS TO PROVIDE FOR THE INSTANCE WHERE REAL PROPERTY IS DEVISED TO A PERSONAL REPRESENTATIVE; TO AMEND SECTION 62-4-207, RELATING TO ANCILLARY ADMINISTRATION, SO AS TO CLARIFY THE APPROPRIATE PROCEDURE RELATING TO AN ANCILLARY ADMINISTRATION OF REAL PROPERTY LOCATED IN THIS STATE OF A NONRESIDENT DECEDENT; TO AMEND SECTION 62-5-408, RELATING TO THE POWERS OF PROBATE COURT WITH RESPECT TO THE ESTATE AND AFFAIRS OF PROTECTED PERSONS, SO AS TO PROVIDE A NONDISPOSITIVE LIST OF THE POWERS THE COURT HAS OVER THE ESTATE AND AFFAIRS OF A PROTECTED PERSON WHO IS NOT A MINOR, AND TO PROVIDE FOR THE PETITION AND INQUIRY OF THE COURT IN EXERCISING ITS POWERS UNDER THIS SUBSECTION; AND TO REPEAL SECTION 62-3-1202A, RELATING TO PROBATE ESTATES UNDER TEN THOUSAND DOLLARS.
(R449, H. 3120 (Word version)) -- Reps. Sandifer, Meacham, Simrill and Littlejohn: AN ACT TO AMEND SECTION 20-7-8325 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR TAKING A JUVENILE INTO CUSTODY FOR VIOLATION OF CONDITIONAL RELEASE, SO AS TO AUTHORIZE AN AFTERCARE COUNSELOR, WITH SPECIFIED LAW ENFORCEMENT TRAINING AND CERTIFICATION, TO ALSO TAKE SUCH CHILD INTO CUSTODY; TO AMEND SECTION 20-7-8335, RELATING TO QUALIFICATIONS FOR APPOINTMENT AS A PROBATION COUNSELOR AND DUTIES THEREOF, SO AS TO AUTHORIZE A PROBATION COUNSELOR, WITH SPECIFIED LAW ENFORCEMENT TRAINING AND CERTIFICATION, TO TAKE A CHILD INTO CUSTODY PURSUANT TO AN ORDER OF THE COURT AND TO PROVIDE THAT SUCH COUNSELOR IS AN OFFICIAL REPRESENTATIVE OF THE COURT, THE DEPARTMENT, AND THE JUVENILE PAROLE BOARD WHEN PERFORMING DUTIES OF HIS APPOINTMENT; TO AMEND SECTION 23-3-120, RELATING TO LAW ENFORCEMENT AGENCIES AND COURT OFFICIALS REPORTING CRIMINAL DATA TO THE CRIMINAL INFORMATION AND COMMUNICATION SYSTEM, SO AS TO REQUIRE SUCH INFORMATION BE SUBMITTED TO THE STATE LAW ENFORCEMENT DIVISION'S CENTRAL RECORD REPOSITORY, REQUIRE FINGERPRINTING OF ALL PERSONS UNDER CUSTODIAL ARREST FOR A STATE OFFENSE AND TO REQUIRE THESE FINGERPRINTS, AND THOSE TAKEN BY THE DEPARTMENT OF CORRECTIONS AND DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, TO BE SUBMITTED TO THE REPOSITORY AND TO PROVIDE THE MANNER IN WHICH SUCH FINGERPRINTS MUST BE SUBMITTED; TO AMEND SECTION 23-3-620, RELATING TO PERSONS REQUIRED TO PROVIDE A SAMPLE FOR THE STATE DNA DATABASE, SO AS TO INCLUDE OFFENDERS CONVICTED OR ADJUDICATED DELINQUENT FOR VIOLENT CRIMES AND OTHER ENUMERATED OFFENSES, TO PROVIDE WHEN SUCH SAMPLES MUST BE PROVIDED, AND TO REVISE DATES FOR COLLECTION OF SUCH SAMPLES; TO AMEND SECTION 23-3-700, RELATING TO THE IMPLEMENTATION OF THE DNA RECORD DATABASE ACT, SO AS TO REQUIRE SLED TO BEGIN COLLECTING DNA SAMPLES FOR CRIMES ENUMERATED IN THAT ACT NO LATER THAN JULY 30, 2000; TO AMEND SECTION 23-6-420, AS AMENDED, RELATING TO THE MEMBERSHIP OF THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING ADVISORY COUNCIL, SO AS TO ADD THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES AS A MEMBER; AND TO AMEND SECTION 24-21-280, AS AMENDED, RELATING TO THE GENERAL POWERS AND DUTIES OF PROBATION AGENTS, SO AS TO CLARIFY THAT SUCH AGENTS HAVE THE POWER AND AUTHORITY TO ENFORCE THE CRIMINAL LAWS OF THIS STATE.
(R450, H. 3358 (Word version)) -- Reps. Fleming, Lucas, Taylor, Wilder, Klauber, Harris and Hayes: AN ACT TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTNERSHIPS, CORPORATIONS, AND ASSOCIATIONS, BY ADDING CHAPTER 36 SO AS TO INCLUDE NONPROFIT CORPORATIONS FINANCED BY CERTAIN FEDERAL AND STATE LOANS, NOT ONLY BY FEDERAL LOANS, TO PROVIDE FOR INCORPORATION, MEMBERSHIP, SALE, CONSOLIDATION, MERGER, AND DISSOLUTION OF CORPORATIONS NOT-FOR-PROFIT, AND TO PROVIDE FOR CORPORATIONS NOT-FOR-PROFIT ORGANIZATION PURSUANT TO CHAPTER 35; TO AMEND SECTIONS 33-20-103, AS AMENDED, AND 33-31-1708, RELATING TO EXEMPTION OF CERTAIN NONPROFIT CORPORATIONS FROM THE PROVISIONS OF CHAPTERS 1 THROUGH 20 AND CHAPTER 31 OF TITLE 33, SO AS TO EXEMPT NONPROFIT CORPORATIONS ORGANIZED PURSUANT TO CHAPTER 36; TO REPEAL CHAPTER 35 OF TITLE 33 RELATING TO NONPROFIT CORPORATIONS FINANCED ONLY BY FEDERAL LOANS; TO AMEND SECTION 6-13-120, RELATING TO DISSOLUTION OF A WATER DISTRICT, SECTION 6-19-10, RELATING TO STATE AUTHORITY TO MAKE GRANTS TO WATER AND SEWER AUTHORITIES OR DISTRICTS, SECTION 12-6-550, RELATING TO CORPORATIONS EXEMPT FROM STATE INCOME TAXES, SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES AND USE TAXES, AND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM PROPERTY TAX, ALL SO AS TO CHANGE CROSS-REFERENCES TO REFLECT REPEAL OF CHAPTER 35 AND ADDITION OF CHAPTER 36; TO PROVIDE FOR APPLICATION OF THE PROVISIONS TO PREVIOUSLY FILED CHARTERS OF CORPORATIONS NOT-FOR-PROFIT; AND TO REQUIRE THAT THE COMPANY HAVE A REGISTERED AGENT FOR SERVICE OF PROCESS OR BE SUBJECT TO A FINE OF FIVE HUNDRED DOLLARS; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 6, RELATING TO GENERAL PROVISIONS REGARDING SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS, BY ADDING SECTION 6-11-330 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT WHICH IS EMPOWERED TO PROVIDE FIRE PROTECTION SERVICES, ALSO TO PROVIDE EMERGENCY MEDICAL SERVICES TO THE AREA WITHIN ITS BOUNDARIES UNDER CERTAIN PRESCRIBED CIRCUMSTANCES; TO AMEND SECTION 6-25-70, AS AMENDED, RELATING TO MEMBERSHIP CHANGES IN JOINT MUNICIPAL WATER SYSTEMS, SO AS TO REQUIRE APPROVAL OF THE APPLICATION FOR MEMBERSHIP BY RESOLUTION OF THE COMMISSION MANAGING THE SYSTEM; AND TO AMEND SECTION 33-56-90, AS AMENDED, RELATING TO DISCLOSURE OF STATUS AS A PROFESSIONAL SOLICITOR OF CHARITABLE FUNDS, SO AS TO CLARIFY THAT THE DISCLOSURE IS REQUIRED OF A "PAID" SOLICITOR.
(R451, H. 3393 (Word version)) -- Reps. Law, H. Brown and Young-Brickell: AN ACT TO AMEND CHAPTER 23, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT AND MOTOR TITLING, BY ADDING SECTION 50-23-295 SO AS TO PROVIDE THAT A CERTIFICATE OF TITLE TO WATERCRAFT OR AN OUTBOARD MOTOR MAY NOT BE TRANSFERRED IF THE DEPARTMENT OF NATURAL RESOURCES HAS NOTICE THAT PROPERTY TAXES ARE OWED ON THE WATERCRAFT OR OUTBOARD MOTOR.
(R452, H. 3465 (Word version)) -- Reps. Easterday, Wilder, Stuart, Rice, Gilham, Hayes, Simrill, Harrison, Rodgers, Barrett, R. Smith, Vaughn, Loftis, Beck, Robinson, McGee and Sandifer: AN ACT TO AMEND SECTION 20-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM AGE FOR A VALID MARRIAGE, SO AS TO PROVIDE THAT THE MINIMUM AGE FOR MALES AND FEMALES SHALL BE THE SAME, AND TO PROVIDE THAT THE AGE SHALL BE SIXTEEN; TO AMEND SECTION 20-1-250, RELATING TO CONSENT TO MARRY, SO AS TO PROVIDE IF EITHER APPLICANT IS UNDER EIGHTEEN, CONSENT OF A RELATIVE OR GUARDIAN IS REQUIRED BEFORE A MARRIAGE LICENSE IS ISSUED; AND TO AMEND SECTION 20-7-7810, RELATING TO JUVENILE COMMITMENT, SO AS TO REVISE THE REQUIREMENTS AND PROVIDE THAT A JUVENILE ADJUDICATED DELINQUENT OF A STATUS OFFENSE, EXCLUDING TRUANCY, OR WHO IS IN CONTEMPT OF COURT FOR VIOLATING A COURT ORDER CONCERNING SCHOOL ATTENDANCE OR THE ADJUDICATION OF DELINQUENCY FOR A STATUS OFFENSE, OR WHO IS DETERMINED BY A COURT TO HAVE VIOLATED CONDITIONS OF PROBATION SET FORTH IN A COURT ORDER CONCERNING THE ADJUDICATION OF DELINQUENCY FOR A STATUS OFFENSE INCLUDING TRUANCY MAY BE COMMITTED TO THE CUSTODY OF THE DEPARTMENT OF JUVENILE JUSTICE, AND TO PROVIDE FOR THE INCLUSION OF CERTAIN INFORMATION IN THE COURT'S ORDER.
(R453, H. 3649 (Word version)) -- Rep. Tripp: AN ACT TO APPROPRIATE SURPLUS AND OTHER GENERAL FUND REVENUES FOR THE OPERATION OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2000, TO REGULATE THE EXPENDITURE OF THESE FUNDS, TO REDUCE THE SALES AND USE TAX ON FOOD ITEMS WHICH MAY LAWFULLY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO ESTABLISH A PILOT DRUG TREATMENT COURT PROGRAM IN THE THIRD JUDICIAL CIRCUIT AND PROVIDE FOR ITS OPERATION; TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE ADDITIONAL PROJECTS AND CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED HEREBY, AND TO PROVIDE THAT THE PROVISIONS OF SECTION 2-7-105 OF THE 1976 CODE DO NOT APPLY TO THE PROVISIONS OF THIS SECTION; TO AMEND CHAPTER 1, TITLE 9, OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM, BY ADDING ARTICLE 17 SO AS TO ENACT THE TEACHER AND EMPLOYEE RETENTION INCENTIVE PROGRAM AND PROVIDE FOR ITS OPERATION; TO AMEND SECTIONS 9-1-1510 AND 9-1-1550, BOTH AS AMENDED, RELATING TO SERVICE RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REDUCE FROM THIRTY TO TWENTY-EIGHT THE YEARS OF CREDITABLE SERVICE REQUIRED TO RETIRE AT ANY AGE WITHOUT PENALTY AND SPECIFY THAT SERVICE RETIREMENT ELIGIBILITY REQUIRES AT LEAST FIVE YEARS OF EARNED SERVICE; TO AMEND SECTIONS 9-1-1515, AS AMENDED, AND 9-1-1770, AS AMENDED, AND 9-1-1850, AS AMENDED, RELATING TO EARLY RETIREMENT OPTIONS, AND AMOUNTS DUE ESTATES OF DECEASED MEMBERS UNDER THE GROUP LIFE INSURANCE PLAN, SO AS TO PROVIDE THAT THE ELECTION OF A MEMBER WITH TWENTY-FIVE YEARS CREDITED SERVICE TO BUY SUFFICIENT CREDIT FOR SERVICE RETIREMENT APPLIES ONLY TO A MEMBER WHO TERMINATES BEFORE RETIREMENT AND MAKES BOTH EMPLOYER AND EMPLOYEE CONTRIBUTIONS FOR THE PERIOD REQUIRED FOR SERVICE RETIREMENT, UPDATE THE BENEFIT ELECTION OPTION ON THE IN-SERVICE DEATH OF A MEMBER TO REFLECT OTHER CHANGES SINCE ORIGINAL ENACTMENT AND MAKE TECHNICAL CORRECTIONS, AND TO CONFORM THESE OPTIONS AND BENEFITS TO SERVICE RETIREMENT AFTER TWENTY-EIGHT YEARS CREDITABLE SERVICE AT ANY AGE WITHOUT PENALTY AS PROVIDED IN THIS SECTION AND TO SPECIFY THAT EARLY SERVICE RETIREMENT ELIGIBILITY REQUIRES AT LEAST FIVE YEARS OF EARNED SERVICE; TO AMEND SECTIONS 9-1-1810 AND 9-11-310, RELATING TO THE ANNUAL COST OF LIVING ADJUSTMENT AUTHORIZED FOR RETIREES AND BENEFICIARIES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND THE METHOD OF CALCULATING THE ADJUSTMENT, SO AS TO ELIMINATE ANY ADJUSTMENT IN EXCESS OF THE RATE OF INFLATION, TO DELETE OBSOLETE PROVISIONS, AND TO CONFORM IN BOTH SECTIONS REFERENCES TO THE CONSUMER PRICE INDEX USED IN CALCULATING THE COST OF LIVING ADJUSTMENT; BY ADDING SECTION 9-1-1615, SO AS TO PROVIDE FOR THE PAYMENT OF THE RETIREMENT BENEFITS OF A RETIRED MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM FOR THE MONTH IN WHICH THE RETIREE DIES; TO AMEND SECTION 9-1-1770, AS AMENDED, RELATING TO PRERETIREMENT AND POST-RETIREMENT BENEFITS OF MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE INSURANCE PAYMENTS ON BEHALF OF A DECEASED MEMBER UNDER THE GROUP LIFE INSURANCE PROGRAM; TO AMEND SECTIONS 9-8-80, 9-9-80, AND 9-11-160, RELATING TO THE PAYMENT OF BENEFITS UNDER THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE FOR THE PAYMENT OF THE RETIREMENT BENEFITS OF A RETIRED MEMBER FOR THE MONTH IN WHICH THE RETIREE DIES; TO AMEND SECTION 9-11-120, AS AMENDED, RELATING TO PRERETIREMENT AND POST-RETIREMENT BENEFITS FOR MEMBERS OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE INSURANCE PAYMENTS ON BEHALF OF DECEASED MEMBERS UNDER THE GROUP LIFE INSURANCE PROGRAM, AND TO REQUIRE PUBLIC SCHOOL TEACHERS RETIRING IN THE FIRST HALF OF 2001 TO PROVIDE NOTICE OF THEIR RETIREMENT TO THEIR EMPLOYERS NO LATER THAN SEPTEMBER 1, 2000, AND TO PROVIDE AN EXCEPTION; TO AMEND SECTION 59-149-10 OF THE 1976 CODE, RELATING TO LIFE SCHOLARSHIPS, INCLUDING THE ANNUAL AMOUNTS THEREOF, SO AS TO INCREASE FROM TWO THOUSAND DOLLARS A YEAR TO THREE THOUSAND DOLLARS A YEAR THE MAXIMUM AMOUNT OF SUCH SCHOLARSHIPS FOR ELIGIBLE STUDENTS ATTENDING FOUR-YEAR PUBLIC OR INDEPENDENT INSTITUTIONS, AND TO INCREASE THE AMOUNT OF SUCH SCHOLARSHIPS THAT ELIGIBLE STUDENTS ATTENDING TWO-YEAR PUBLIC OR INDEPENDENT INSTITUTIONS, INCLUDING STATE TECHNICAL COLLEGES MAY RECEIVE FROM A MAXIMUM OF ONE THOUSAND DOLLARS A YEAR TO THE COST OF TUITION FOR THIRTY CREDIT HOURS A YEAR, AND TO PROVIDE THESE INCREASES BEGIN WITH SCHOOL YEAR 2000-2001; TO AMEND THE 1976 CODE BY ADDING SECTION 59-1-470, SO AS TO PROVIDE FOR THE DISTRIBUTION BY THE STATE DEPARTMENT OF EDUCATION TO SCHOOL DISTRICTS OF STATE APPROPRIATED FUNDS FOR EMPLOYER MATCHING CONTRIBUTIONS TO EMPLOYEES PARTICIPATING IN DEFERRED COMPENSATION PLANS, TO PROVIDE A MAXIMUM THREE HUNDRED DOLLAR MATCHING CONTRIBUTION, AND TO PROVIDE THOSE DISTRICT EMPLOYEES ELIGIBLE TO RECEIVE MATCHING CONTRIBUTIONS; TO AMEND CHAPTER 122, TITLE 44 OF THE 1976 CODE, AS AMENDED, RELATING TO THE COUNTY GRANTS FUND FOR ADOLESCENT PREGNANCY PREVENTION INITIATIVES, SO AS TO FURTHER PROVIDE FOR THE ADMINISTRATION AND DISTRIBUTION OF MONIES APPROPRIATED TO THE GRANTS FUND, TO REQUIRE REGULAR EVALUATIONS OF PROJECTS RECEIVING MONIES FROM THE GRANTS FUND, AND TO PROVIDE FOR TECHNICAL REVISIONS RELATING TO THE COUNTY GRANTS FUND PROGRAM; TO AMEND SECTION 20-7-670, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DEPARTMENT OF SOCIAL SERVICES' AND OTHER AGENCIES' AUTHORITY TO INVESTIGATE ABUSE AND NEGLECT IN RESIDENTIAL INSTITUTIONS AND FOSTER HOMES, SO AS TO DELETE REFERENCES TO REMEDIAL ACTION BY THE STATE LAW ENFORCEMENT DIVISION IN THE INVESTIGATION OF ABUSE AND NEGLECT IN FACILITIES OF THE DEPARTMENT OF JUVENILE JUSTICE, TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES, INSTEAD OF THE OMBUDSMAN OF THE OFFICE OF THE GOVERNOR, SHALL INVESTIGATE AN ALLEGATION OF ABUSE OR NEGLECT OF A CHILD WHERE THE CHILD IS IN THE CUSTODY OF, OR A RESIDENT OF, A RESIDENTIAL TREATMENT FACILITY OR INTERMEDIATE CARE FACILITY FOR THE MENTALLY RETARDED LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR OPERATED BY THE DEPARTMENT OF MENTAL HEALTH AND PROVIDE FOR THE ENFORCEMENT AUTHORITY OF THE DEPARTMENT OF SOCIAL SERVICES IN THESE MATTERS; AND TO AMEND SECTION 1A OF JOINT RESOLUTION 157 OF 1997, AS AMENDED, RELATING TO A PILOT CHILD PROTECTIVE SERVICES SYSTEM WHICH ALLOWS THE DEPARTMENT OF SOCIAL SERVICES TO DIVERT CHILD ABUSE AND NEGLECT CASES TO AN ASSESSMENT TRACK RATHER THAN FOLLOWING NORMAL PROTOCOL WHEN CERTAIN MORE SERIOUS FORMS OF ALLEGED ABUSE OR NEGLECT ARE NOT PRESENT, SO AS TO INCREASE THE NUMBER OF COUNTIES IN THE PILOT SYSTEM AND TO PROVIDE THAT THE NEWEST COUNTIES ADDED NEED NOT BE INCLUDED IN THE EVALUATION; TO AMEND SECTION 9-9-60, AS AMENDED, OF THE 1976 CODE, RELATING TO RETIREMENT AND RETIREMENT BENEFITS UNDER THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO ALLOW A MEMBER OF THE GENERAL ASSEMBLY WHO HAS ATTAINED THE AGE OF SEVENTY AND ONE-HALF YEARS WITH FORTY YEARS SERVICE TO RECEIVE RETIREMENT BENEFITS WHILE CONTINUING TO SERVE IN THE GENERAL ASSEMBLY WITHOUT COMPENSATION, TO PROVIDE THAT A MEMBER RECEIVING THESE BENEFITS MAKES NO FURTHER CONTRIBUTIONS TO OR ACCRUES SERVICE CREDIT IN THE SYSTEM, AND TO PROVIDE THAT THIS ELECTION TO RECEIVE RETIREMENT BENEFITS IS IRREVOCABLE.
(R454, H. 3693 (Word version)) -- Reps. J. Smith, Lourie and W. McLeod: AN ACT TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS, SO AS TO REVISE CERTAIN DEFINITIONS AND TO PROVIDE ADDITIONAL DEFINITIONS, TO PROVIDE THAT A TELEPHONE SOLICITOR WHO MAKES AN UNSOLICITED CONSUMER TELEPHONE CALL MUST DISCLOSE PROMPTLY TO THE PERSON RECEIVING THE CALL THE IDENTITY OF THE SELLER, THAT THE PURPOSE OF THE CALL IS TO SELL GOODS OR SERVICES, THE NATURE OF THE GOODS OR SERVICES, THAT NO PURCHASE OR PAYMENT IS NECESSARY TO WIN OR PARTICIPATE IN A PRIZE PROMOTION IF A PRIZE PROMOTION IS OFFERED, AND THAT, WHEN REQUESTED, THE TELEMARKETER MUST DISCLOSE THE NO PURCHASE/NO PAYMENT ENTRY METHOD FOR THE PRIZE PROMOTION, AND TO REVISE THE METHOD BY WHICH THE CALLED PARTY'S NAME MAY BE DELETED FROM THE SOLICITOR'S CALLING LIST.
(R455, H. 3745 (Word version)) -- Reps. Campsen, Altman, Barrett, Barfield, Cato, Cooper, Davenport, Delleney, Easterday, Edge, Emory, Gilham, Govan, Hamilton, Harrison, Haskins, Inabinett, Kelley, Leach, Littlejohn, Loftis, McCraw, McMahand, J.H. Neal, Phillips, Pinckney, Sandifer, Sharpe, Simrill, J. Smith, Stille, Tripp, Vaughn, Wilkins, Witherspoon, Lourie and Knotts: AN ACT TO AMEND CHAPTER 1, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGE, BY ADDING ARTICLE 7, SO AS TO PROVIDE FOR THE "SOUTH CAROLINA FAMILY RESPECT ACT", TO PROVIDE FOR THE CREATION OF THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET, AND TO PROVIDE TO WHOM THE PAMPHLET IS DISTRIBUTED; TO AMEND SECTION 20-1-240, RELATING TO INFORMATION GIVEN TO MARRIAGE APPLICANTS, SO AS TO PROVIDE APPLICANTS RECEIVE THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET; TO AMEND SECTION 44-63-80, AS AMENDED, RELATING TO THE ISSUANCE OF CERTIFIED COPIES OF BIRTH CERTIFICATES, SO AS TO PROVIDE THE FAMILY RESPECT PAMPHLET IS INCLUDED WITH EACH CERTIFIED COPY OF THE BIRTH CERTIFICATE; TO AMEND SECTION 44-122-40, RELATING TO THE OPERATION OF COUNTY FUNDED ADOLESCENT PREGNANCY PREVENTION INITIATIVES, SO AS TO PROVIDE FOR THE DISTRIBUTION AND DISCUSSION OF THE FAMILY RESPECT PAMPHLET WITH ADOLESCENTS INVOLVED IN THE INITIATIVES; TO AMEND CHAPTER 3, TITLE 53, RELATING TO THE CELEBRATION OF SPECIAL DAYS, BY ADDING SECTION 53-3-45 SO AS TO PROVIDE FOR A FAMILY RESPECT DAY ON THE FRIDAY IMMEDIATELY PRECEDING MOTHER'S DAY; TO ADD SECTION 53-3-150 TO PROVIDE THAT THE WEEK WHICH INCLUDES THE ELEVENTH DAY OF NOVEMBER IN EACH YEAR IS DESIGNATED AS "PATRIOTISM WEEK" IN SOUTH CAROLINA AND TO PROVIDE THE GOVERNOR SHALL ISSUE COMMEMORATIVE PROCLAMATIONS AND SCHOOL DISTRICTS AND PUBLIC AGENCIES AND POLITICAL SUBDIVISIONS SHALL BE ENCOURAGED TO OBSERVE THE WEEK; TO ENACT THE "SOUTH CAROLINA RELIGION IN PUBLIC SCHOOLS ACT OF 2000", BY ADDING SECTION 59-17-140 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT IN THIS STATE SHALL CONDUCT ANNUAL IN-SERVICE TRAINING FOR TEACHERS AND ADMINISTRATORS REGARDING CONSTITUTIONALLY AND STATUTORILY PERMITTED SCHOOL RELIGIOUS EXERCISES AND EXPRESSIONS; AND TO ADD SECTION 59-17-135 SO AS TO PROVIDE SCHOOL BOARDS MUST DEVELOP POLICIES ADDRESSING CHARACTER EDUCATION AND ENCOURAGE STUDENTS TO EXHIBIT APPROPRIATE AND RESPECTFUL CONDUCT TOWARD PUBLIC SCHOOL EMPLOYEES.
(R456, H. 3808 (Word version)) -- Reps. Kelley, Keegan, Witherspoon, Edge, Miller, Simrill, Rhoad, Altman, Barrett, Battle, Campsen, Davenport, Emory, Limehouse, R. Smith, Vaughn, Walker and Wilkes: AN ACT TO AMEND SECTION 12-24-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEEDS EXEMPTED FROM THE STATE'S DEED RECORDING FEE, SO AS TO ALLOW AN EXEMPTION FOR DEEDS THAT TRANSFER REALTY FROM AN AGENT TO THE AGENT'S PRINCIPAL IN WHICH THE REALTY WAS PURCHASED WITH FUNDS OF THE PRINCIPAL; AND TO AMEND SECTION 33-44-211, RELATING TO LIMITED LIABILITY COMPANIES SUBMITTING ANNUAL REPORTS TO THE SECRETARY OF STATE, SO AS TO CHANGE THE DATE FOR SUBMITTING SUCH REPORTS ON OR BEFORE THE FIFTEENTH DAY OF THE THIRD MONTH FOLLOWING THE CLOSE OF THE TAXABLE YEAR.
(R457, H. 3927 (Word version)) -- Reps. Sharpe and Knotts: AN ACT TO AMEND SECTION 44-96-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 44-96-50 RELATING TO SOLID WASTE MANAGEMENT POLICY AND GOALS, SO AS TO REVISE THE STATE REDUCTION GOAL TO BE THREE AND ONE-HALF POUNDS PER DAY OF MUNICIPAL SOLID WASTE, TO REVISE THE STATE RECYCLE GOAL TO BE THIRTY-FIVE PERCENT OF MUNICIPAL SOLID WASTE, AND TO DEFINE "MUNICIPAL SOLID WASTE"; TO AMEND SECTION 44-96-60, AS AMENDED, RELATING TO THE STATE SOLID WASTE MANAGEMENT PLAN AND ANNUAL REPORT, SO AS TO REQUIRE THE SUCCESS OF MUNICIPALITIES IN ACHIEVING SOLID WASTE RECYCLING AND REDUCTION GOALS TO BE INCLUDED IN THE ANNUAL REPORT AND TO AUTHORIZE THE DEPARTMENT TO ESTABLISH PROCEDURES TO OBTAIN RECYCLING DATA; TO AMEND SECTION 44-96-80 RELATING TO COUNTY AND REGIONAL SOLID WASTE PLANS AND GOVERNMENTAL RESPONSIBILITIES, SO AS TO DELETE THE PROVISION AUTHORIZING A TEN DOLLAR FEE ON ALL SOLID WASTE GENERATED OUT OF STATE AND DISPOSED OF IN STATE; TO AMEND SECTION 44-96-110 RELATING TO THE OFFICE OF SOLID WASTE REDUCTION AND RECYCLING, SO AS TO INCLUDE DEVELOPMENT OF PROGRAMS FOR HOUSEHOLD HAZARDOUS MATERIALS MANAGEMENT AND TO ESTABLISH REDUCTION AND RECYCLING EDUCATION GRANTS FOR SCHOOLS AND COLLEGES; TO AMEND SECTION 44-96-120, AS AMENDED, RELATING TO THE SOLID WASTE MANAGEMENT TRUST FUND, SO AS TO INCLUDE FUNDING FOR GRANTS TO PUBLIC AND PRIVATE SCHOOLS, COLLEGES, AND UNIVERSITIES FOR WASTE REDUCTION AND RECYCLING EDUCATION PROGRAMS AND TO CHANGE THE NAME OF THE WASTE TIRE GRANT TRUST FUND TO THE WASTE TIRE TRUST FUND; TO AMEND SECTION 44-96-130 RELATING TO THE SOLID WASTE MANAGEMENT GRANT PROGRAM, SO AS TO SPECIFY THAT GRANT FUNDS TO SCHOOLS AND COLLEGES MUST BE USED FOR WASTE REDUCTION AND RECYCLING EDUCATION PROGRAMS AND TO REQUIRE THAT GRANTS BE MADE AVAILABLE TO LOCAL GOVERNMENTS IN NEED OF ASSISTANCE IN CARRYING OUT THEIR RESPONSIBILITIES UNDER THE SOLID WASTE POLICY AND MANAGEMENT ACT; TO AMEND SECTION 44-96-140, AS AMENDED, RELATING TO STATE GOVERNMENT RECYCLING PROGRAMS, SO AS TO REQUIRE STATE AGENCIES AND STATE INSTITUTIONS OF HIGHER LEARNING TO SUBMIT AN ANNUAL REPORT ON THEIR SOURCE SEPARATION AND RECYCLING PROGRAMS; TO AMEND SECTION 44-96-150 RELATING TO DISPOSAL OF PACKAGING AND PLASTICS, SO AS TO AUTHORIZE A MANUFACTURER OR DISTRIBUTOR OF PLASTIC RESIN CONTAINERS TO ADOPT A LABELING CODE THAT WILL ASSIST IN SEGREGATION AND COLLECTION OF THAT RESIN FOR RECYCLING; TO AMEND SECTION 44-96-160, AS AMENDED, RELATING TO DISPOSAL OF USED OIL, SO AS TO ALSO PROHIBIT DISPOSAL OF USED OIL FILTERS IN LANDFILLS UNLESS THE FILTER HAS BEEN REDUCED IN VOLUME OR HOT DRAINED; TO AMEND SECTION 44-96-170, AS AMENDED, RELATING TO DISPOSAL OF WASTE TIRES, SO AS TO AUTHORIZE A TIPPING FEE OF ONE HUNDRED FIFTY DOLLARS PER TON OF WASTE TIRES, TO PROHIBIT DISPOSAL OF WASTE TIRES AT ANY FACILITY OTHER THAN A PERMITTED SOLID WASTE DISPOSAL FACILITY, TO RECOMMEND THAT WASTE TIRES BE MANAGED AT CERTAIN FACILITIES, TO REVISE PROCEDURES FOR OBTAINING REFUNDS ON WASTE TIRES DELIVERED TO A FACILITY OUT OF STATE, TO AUTHORIZE WASTE TIRE TRUST FUND MONIES TO BE USED TO PROMOTE THE RECYCLING OF WASTE TIRES, AND TO AUTHORIZE THE DEPARTMENT TO PROMULGATE REGULATIONS ESTABLISHING RECORDKEEPING AND REPORTING REQUIREMENTS FOR TIRE HAULERS AND MANAGEMENT AND DISPOSAL FACILITIES; TO AMEND SECTION 44-96-180, AS AMENDED, RELATING TO DISPOSAL OF LEAD-ACID BATTERIES, SO AS TO REQUIRE PERSONS SELLING THESE BATTERIES TO POST A NOTICE CONCERNING DISPOSAL REQUIREMENTS IN A PLACE VISIBLE TO CUSTOMERS; TO AMEND SECTION 44-96-290, AS AMENDED, RELATING TO CERTAIN PROCEDURES AND STANDARDS FOR PERMITTING A SOLID WASTE MANAGEMENT FACILITY, SO AS TO DELETE PROVISIONS RELATING TO CERTAIN PROCEDURES AND STANDARDS FOR PERMITTING A NEW OR AN EXPANSION OF AN EXISTING SOLID WASTE MANAGEMENT FACILITY AND TO DELETE OBSOLETE TIMELINES; TO AMEND SECTION 44-96-350 RELATING TO MINIMUM REQUIREMENTS FOR THE MANAGEMENT OF MUNICIPAL SOLID WASTE INCINERATOR ASH, SO AS TO REVISE THE REQUIREMENTS FOR THE DISPOSAL OF THIS ASH IN A SOLID WASTE LANDFILL; TO AMEND SECTION 44-96-470 RELATING TO FACILITY ISSUES NEGOTIATION PROCESS, SO AS TO DEFINE THE TERM "AFFECTED COUNTY" AND TO REVISE CERTAIN APPLICATION PROCEDURES FOR SOLID WASTE DISPOSAL FACILITY PERMITS; TO REPEAL SECTION 44-96-230 RELATING TO THE STATE RECYCLING SYMBOL; TO AMEND SECTION 44-96-60, AS AMENDED, RELATING TO THE STATE SOLID WASTE MANAGEMENT PLAN AND ANNUAL REPORT, SO AS TO REVISE THE DATE FOR SUBMITTING THE ANNUAL REPORT; AND TO ADD SECTION 44-96-165 SO AS TO REQUIRE THE DEPARTMENT TO HAVE AN INDEPENDENT AUDIT CONDUCTED ON THE REVENUES AND DISBURSEMENTS FROM THE SOLID WASTE MANAGEMENT TRUST FUND, THE WASTE TIRE TRUST FUND, AND THE PETROLEUM FUND.
(R458, H. 4003 (Word version)) -- Reps. Allen, Martin, Knotts, Rhoad, Simrill, J. Smith, Allison, Altman, Bailey, Bales, Barrett, Battle, Carnell, Clyburn, Cooper, Davenport, Emory, Gamble, Gilham, Gourdine, Harrison, Hayes, M. Hines, Hinson, Inabinett, Keegan, Kelley, Kirsh, Law, Lee, Lloyd, Littlejohn, Lourie, Maddox, Mason, McCraw, McGee, McKay, W. McLeod, Meacham-Richardson, Miller, Ott, Phillips, Pinckney, Rodgers, Rutherford, Sandifer, R. Smith, Stille, Stuart, Taylor, Townsend, Walker, Webb, Whatley, Whipper, Wilder, Witherspoon, Young-Brickell and Robinson: AN ACT TO AMEND SECTION 20-7-6605 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE JUVENILE JUSTICE CODE, SO AS TO DEFINE "CRIMINAL JUSTICE PURPOSE"; TO AMEND SECTION 20-7-7205, RELATING TO TAKING A JUVENILE INTO CUSTODY FOR VIOLATING A CRIMINAL LAW, SO AS TO REVISE A TERM AND CLARIFY A CROSS REFERENCE; TO AMEND SECTION 20-7-8505, AS AMENDED, AND SECTIONS 20-7-8510 AND 20-7-8515, ALL RELATING TO THE CONFIDENTIALITY AND DISCLOSURE OF JUVENILE RECORDS AND SECTION 20-7-8520, AS AMENDED, RELATING TO THE DESTRUCTION OF JUVENILE RECORDS, ALL SO AS TO REORGANIZE PROVISIONS RELATING TO SUCH RECORDS AND, AMONG OTHER THINGS, TO REVISE AGENCIES AMONG WHICH INFORMATION MAY BE PROVIDED, TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF JUVENILE JUSTICE TO ENTER INTO INTERAGENCY AGREEMENTS FOR THE PURPOSE OF SHARING INFORMATION, TO REQUIRE THE DEPARTMENT TO PROVIDE RECORDS AND RECOMMENDATIONS PRODUCED BY DISPOSITIONAL HEARINGS TO VARIOUS PARTIES UNDER CERTAIN CIRCUMSTANCES; TO REVISE AND CLARIFY THE CIRCUMSTANCES UNDER WHICH FINGERPRINTS AND PHOTOGRAPHS MAY BE TAKEN AND WHEN FINGERPRINTS AND PHOTOGRAPHS ARE REQUIRED TO BE TAKEN; TO CLARIFY THE CONDITIONS UNDER WHICH RECORDS AND OTHER INFORMATION MAY BE RELEASED, TO REQUIRE THE PROVISION OF INCIDENT REPORTS TO VICTIMS AND SCHOOL PRINCIPALS UNDER CERTAIN CIRCUMSTANCES, TO AUTHORIZE THE RELEASE OF THE NAME, IDENTITY, OR PICTURE OF A CHILD UNDER THE JURISDICTION OF THE COURT IF THE SOLICITOR HAS PETITIONED THE COURT TO WAIVE THE CHILD TO CIRCUIT COURT; TO ADD SECTION 20-7-8525 SO AS TO INCORPORATE INTO THIS SECTION THE PROVISIONS OF SECTION 20-7-8520 REGARDING THE DESTRUCTION AND EXPUNGEMENT OF JUVENILE RECORDS AND TO ADD A CONDITION UNDER WHICH RECORDS MAY NOT BE DESTROYED; AND TO ADD SECTION 24-9-50 SO AS TO REQUIRE LOCAL GOVERNMENTAL ENTITIES RESPONSIBLE FOR DETENTION FACILITIES TO REPORT DATA TO THE DEPARTMENT OF CORRECTIONS FOR THE CLASSIFICATION AND MANAGEMENT OF INMATES AND FOR THE OPERATION AND MANAGEMENT OF A STATEWIDE JAIL INFORMATION SYSTEM AND TO PROVIDE FOR THE FORM IN WHICH SUCH DATA IS TO BE REPORTED.
(R459, H. 4277 (Word version)) -- Reps. Harvin, Stuart, Bales, Seithel, Whipper, Meacham-Richardson, Ott, Knotts and W. McLeod: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 1-1-667 AND 1-1-701 SO AS TO DESIGNATE CERTAIN STATE EMBLEMS OR SYMBOLS.
(R460, H. 4295 (Word version)) -- Rep. Campsen: AN ACT TO AMEND SECTION 50-21-133, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING A NO WAKE ZONE ADJACENT TO SULLIVAN'S ISLAND, SO AS TO CONFORM ITS PENALTIES TO THOSE PROVIDED IN SECTION 50-21-150 AND TO PROVIDE A SEPARATE NO WAKE ZONE AT THE CHEROKEE PLANTATION ON THE COMBAHEE RIVER IN COLLETON COUNTY.
(R461, H. 4426 (Word version)) -- Reps. Davenport, Loftis, Leach, Hamilton, Robinson and Rice: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-205 SO AS TO REQUIRE THE GOVERNING BOARDS OF CERTAIN LIBRARIES, INCLUDING PUBLIC SCHOOL OR HIGHER EDUCATION INSTITUTION LIBRARIES, THAT HAVE COMPUTERS WHICH CAN ACCESS THE INTERNET AND ARE AVAILABLE FOR USE BY THE PUBLIC OR STUDENTS, OR BOTH, TO DEVELOP USE POLICIES FOR THESE COMPUTERS INTENDED TO REDUCE THE ABILITY OF THE USER TO ACCESS WEB SITES DISPLAYING OBSCENE MATERIAL; TO ADD SECTION 10-1-206 SO AS TO ESTABLISH A PILOT PROGRAM USING INTERNET FILTERING SOFTWARE IN COMPUTERS IN CERTAIN LIBRARIES AND INSTITUTIONS TO ELIMINATE OR REDUCE ACCESS TO WEB SITES DISPLAYING PORNOGRAPHY AND OBSCENE MATERIAL, TO ASSESS THE FEASIBILITY OF INSTALLING SUCH SOFTWARE IN COMPUTERS IN OTHER LIBRARIES AND INSTITUTIONS, AND TO PROVIDE FOR THE MANNER IN WHICH THIS PILOT PROGRAM MUST BE OPERATED; TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO LOSSES A GOVERNMENTAL ENTITY IS NOT LIABLE FOR, SO AS TO INCLUDE LOSSES RESULTING FROM THE GOVERNING BOARD OF CERTAIN LIBRARIES FAILING TO ADOPT COMPUTER USE POLICIES AS REQUIRED BY SECTION 10-1-205.
(R462, H. 4460 (Word version)) -- Rep. McGee: AN ACT TO AMEND SECTION 16-13-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LARCENY FOR FAILURE TO RETURN RENTED OBJECTS, SO AS TO INCLUDE CLOTHING AND FORMAL WEAR TO THE LIST OF RENTAL ITEMS INCLUDED IN THIS OFFENSE; TO AMEND SECTION 22-8-40, AS AMENDED, RELATING TO FULL-TIME AND PART-TIME MAGISTRATES AND MAGISTRATES' SALARIES, SO AS TO CHANGE AN INCORRECT REFERENCE; TO AMEND SECTION 27-39-230, RELATING TO THE COLLECTION OF RENT BY DISTRESS PROCEEDINGS AND THE PROPERTY EXEMPT FROM DISTRESS, SO AS TO INCLUDE AS EXEMPT PROPERTY THAT WHICH IS OWNED BY A THIRD PARTY FOR WHICH THE MAGISTRATE FINDS OWNERSHIP WAS NOT TRANSFERRED FROM THE TENANT TO THE THIRD PARTY FOR THE PURPOSE OF AVOIDING DISTRAINT; TO AMEND SECTION 27-39-250, RELATING TO THE PROPERTY OF OTHERS ON THE RENTED PREMISES, SO AS TO REQUIRE THE MAGISTRATE TO CONDUCT A HEARING CONCERNING THE OWNERSHIP OF THE PROPERTY OF A THIRD PARTY AND IF THE MAGISTRATE FINDS THE PROPERTY WAS TRANSFERRED TO THE THIRD PARTY FOR THE PURPOSE OF AVOIDING DISTRAINT, THEN THE DISTRAINED PROPERTY OF THE THIRD PARTY IS SUBJECT TO SALE; TO AMEND SECTION 27-37-10, RELATING TO THE GROUNDS FOR EJECTMENT OF TENANTS, SO AS TO PROVIDE UNDER CERTAIN CONDITIONS FOR RESIDENTIAL RENTAL AGREEMENTS THAT THE NONPAYMENT OF RENT WITHIN FIVE DAYS OF THE DATE DUE CONSTITUTES LEGAL NOTICE THAT THE LANDLORD MAY BEGIN EJECTMENT PROCEEDINGS; TO AMEND SECTION 27-37-30, AS AMENDED, RELATING TO SERVICE OF THE RULE TO SHOW CAUSE IN EJECTMENT PROCEEDINGS, SO AS TO DEFINE ABANDONED AS IN RESIDENTIAL RENTAL AGREEMENTS AND IN NONRESIDENTIAL RENTAL AGREEMENTS, TO PROVIDE THAT PERSONAL SERVICE OF THE RULE MUST BE ATTEMPTED TWO TIMES INSTEAD OF THREE TIMES, TO PROVIDE THE RULE MUST BE AFFIXED TO THE MOST CONSPICUOUS PART OF THE PREMISES ON THE FIRST UNSUCCESSFUL ATTEMPT AT PERSONAL SERVICE, AND TO PROVIDE THE SPECIFIED TIME PERIOD BEGINS TO RUN AT THE TIME OF CONTACT IF THE TENANT CONTACTS THE COURT BEFORE THE ELEVENTH DAY FROM THE TIME OF MAILING THE RULE.
(R463, H. 4555 (Word version)) -- Reps. J. Smith and Walker: AN ACT TO AMEND SECTION 20-7-9710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS BOARD OF TRUSTEES, SO AS TO ADD THE CHIEF EXECUTIVE OFFICER OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION AS AN EX OFFICIO NONVOTING MEMBER OF THE BOARD; TO AMEND SECTION 59-4-20, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM, SO AS TO REORDER THESE DEFINITIONS ALPHABETICALLY, TO DELETE THE DEFINITION OF THE STATE BUDGET AND CONTROL BOARD AND TO DEFINE STATE TREASURER; TO AMEND SECTIONS 59-4-30, 59-4-40, 59-4-60, AND 59-4-70 ALL RELATING TO THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM AND ITS ADMINISTRATION, SO AS TO TRANSFER THE PROGRAM FROM THE BUDGET AND CONTROL BOARD TO THE OFFICE OF THE STATE TREASURER AND TO AMEND REFERENCES TO CONFORM; AND TO TRANSFER ALL FUNDS, APPROPRIATIONS, PERSONAL PROPERTY, AND PERSONNEL OF THE TUITION PREPAYMENT PROGRAM FROM THE BUDGET AND CONTROL BOARD TO THE OFFICE OF THE STATE TREASURER AND TO CARRY OVER POLICIES, PROCEDURES, AND REGULATIONS UNTIL SUCH ARE OTHERWISE REVISED.
(R464, H. 4684 (Word version)) -- Rep. Jennings: AN ACT TO AMEND SECTION 14-7-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCUSING JURORS FOR GOOD CAUSE, SO AS TO PROVIDE THAT A PERSON WHO PERFORMS SUCH ESSENTIAL SERVICES FOR A BUSINESS, COMMERCIAL, OR AGRICULTURAL ENTERPRISE THAT IT WOULD CEASE TO FUNCTION IF THE PERSON WAS REQUIRED TO PERFORM JURY DUTY MAY BE EXCUSED OR TRANSFERRED TO ANOTHER TERM OF COURT BY THE PRESIDING JUDGE; TO AMEND SECTION 14-25-15, RELATING TO THE APPOINTMENT OF MUNICIPAL JUDGES, SO AS TO PROVIDE THE MUNICIPAL COUNCIL MUST NOTIFY COURT ADMINISTRATION OF THE APPOINTEES' NAMES, TO PROVIDE FOR TRAINING PROGRAMS, CERTIFICATION, AND RECERTIFICATION EXAMS FOR MUNICIPAL JUDGES BASED ON STANDARDS ESTABLISHED BY THE SUPREME COURT, TO PROVIDE THE CHIEF JUSTICE OF THE SUPREME COURT SHALL ESTABLISH GUIDELINES TO EXEMPT MUNICIPAL JUDGES FROM THESE REQUIREMENTS BASED UPON EXPERIENCE OR EDUCATION FACTORS, TO ESTABLISH A SCHEDULE FOR PASSING THE EXAMINATION DEPENDING ON THE COUNTY OF RESIDENCE AND THE DATE APPOINTED AS JUDGE, TO PROVIDE FOR TAKING A RECERTIFICATION EXAMINATION EVERY EIGHT YEARS, TO PROVIDE A VACANCY IN THE OFFICE EXISTS IF A MUNICIPAL JUDGE FAILS TO COMPLY WITH THESE REQUIREMENTS, TO PROVIDE A CONTINUING EDUCATION PROGRAM FOR MUNICIPAL JUDGES AS ESTABLISHED BY THE SUPREME COURT, AND TO PROVIDE THE CHIEF JUSTICE OF THE SUPREME COURT SHALL ESTABLISH GUIDELINES TO EXEMPT MUNICIPAL JUDGES FROM ATTENDING CONTINUING EDUCATION PROGRAMS BASED UPON EXPERIENCE OR EDUCATION FACTORS; TO AMEND SECTION 14-25-115, RELATING TO THE OFFICE OF MINISTERIAL RECORDER, SO AS TO AUTHORIZE THE RECORDER TO SET AND ACCEPT BOND; TO ADD SECTION 14-25-180, SO AS TO PROVIDE THAT A PERSON WHO PERFORMS SUCH ESSENTIAL SERVICES TO A BUSINESS, COMMERCIAL, OR AGRICULTURAL ENTERPRISE THAT IT WOULD CEASE TO FUNCTION IF THE PERSON WAS REQUIRED TO PERFORM JURY DUTY MAY BE EXCUSED BY THE MUNICIPAL JUDGE; TO ADD SECTION 17-9-15, SO AS TO PROVIDE FOR THE EXTRADITION OF A PERSON WHO IS CHARGED IN THE REQUESTING STATE WITH COMMITTING AN ACT IN THIS STATE OR A THIRD STATE WHICH INTENTIONALLY RESULTED IN COMMITTING AN OFFENSE IN THE REQUESTING STATE; TO ADD SECTION 17-23-162, SO AS TO PROVIDE THAT THE AFFIANT LISTED ON THE ARREST WARRANT OR THE CHIEF INVESTIGATING OFFICER MUST BE PRESENT TO TESTIFY AT THE PRELIMINARY HEARING OF THE PERSON ARRESTED PURSUANT TO THE WARRANT; AND TO ADD SECTION 22-2-135, SO AS TO PROVIDE THAT A PERSON WHO PERFORMS SUCH ESSENTIAL SERVICES FOR A BUSINESS, COMMERCIAL, OR AGRICULTURAL ENTERPRISE THAT IT WOULD CEASE TO FUNCTION IF THE PERSON WAS REQUIRED TO PERFORM JURY DUTY MAY BE EXCUSED BY THE MAGISTRATE.
(R465, H. 4751 (Word version)) -- Reps. Fleming, Allison, Altman, Cooper, Davenport, Keegan, Kelley, Koon, Lanford, Martin and Riser: AN ACT TO AMEND SECTION 7-13-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLITICAL ACTIVITY OF MEMBERS OF LOCAL ELECTION COMMISSIONS, SO AS TO CLARIFY THAT A PERSON MAY PARTICIPATE ONLY IN THE POLITICAL MANAGEMENT OR IN A POLITICAL CAMPAIGN OVER WHICH THE PERSON HAS NO JURISDICTION; TO AMEND SECTION 7-5-440, AS AMENDED, RELATING TO THE PROCEDURE FOR VOTING WHEN A QUALIFIED ELECTOR MOVES AND DOES NOT NOTIFY THE COUNTY BOARD OF VOTER REGISTRATION OF THE CHANGE OF ADDRESS BEFORE THE ELECTION, SO AS TO INCLUDE A PERSON WHO MOVES FROM ONE COUNTY TO ANOTHER AND DOES NOT NOTIFY THE BOARD WITHIN THE THIRTY-DAY PERIOD BEFORE THE ELECTION; TO AMEND SECTION 7-13-350, AS AMENDED, RELATING TO CERTIFIED CANDIDATES NOMINATED BY PETITION, PRIMARY, OR CONVENTION, SO AS TO PROVIDE THAT CANDIDATES FOR PRESIDENT AND VICE PRESIDENT MUST BE CERTIFIED NOT 7-LATER THAN TWELVE O'CLOCK NOON ON AUGUST THIRTIETH TO THE STATE ELECTION COMMISSION, OR IF AUGUST THIRTIETH FALLS ON SUNDAY, NOT LATER THAN TWELVE O'CLOCK NOON ON THE FOLLOWING MONDAY; TO AMEND SECTION 13-430, AS AMENDED, RELATING TO THE USE OF BALLOTS WHEN VOTING MACHINES ARE NOT USED, SO AS TO REVISE LANGUAGE RELATING TO THE NUMBER OF BALLOTS TO BE PROVIDED WHEN VOTING MACHINES ARE NOT USED AND TO PROVIDE FOR FAILSAFE BALLOTS, OR BALLOTS CONTAINING ONLY THE RACES FOR FEDERAL, STATEWIDE, COUNTYWIDE, AND MUNICIPALWIDE OFFICES, NOT TO EXCEED FIVE PERCENT OF THE REGISTERED QUALIFIED VOTERS AT EACH VOTING PLACE; TO AMEND SECTION 7-13-1680, RELATING TO THE NUMBER, TYPE, USE, REPAIR, AND CUSTODY OF VOTING MACHINES, SO AS TO CHANGE THE REQUIREMENT FOR ONE VOTING MACHINE FOR EACH THREE HUNDRED FIFTY VOTERS TO TWO HUNDRED FIFTY VOTERS; TO AMEND SECTION 7-13-1750, AS AMENDED, RELATING TO PREPARATION AND EXAMINATION OF VOTING MACHINES FOR AN ELECTION, SO AS TO REQUIRE NOTICE AS TO THE TIME AND PLACE WHERE VOTING MACHINES WILL BE PREPARED FOR AN ELECTION BE MAILED TO EACH POLITICAL PARTY HAVING CERTIFIED CANDIDATES, RATHER THAN TO THE TWO POLITICAL PARTIES WHICH CAST THE HIGHEST AND NEXT HIGHEST NUMBER OF VOTES AT THE PRECEDING GENERAL ELECTION, BEFORE THE MACHINES ARE PREPARED FOR AN ELECTION, AND TO PROVIDE THAT A VOTING MACHINE MAY BE LOCKED OR SEALED; TO AMEND SECTION 7-13-1770, RELATING TO THE DUTIES OF MANAGERS PRIOR TO OPENING POLLS SO AS TO DELETE A PROVISION WHICH PROVIDES THAT THE MANAGERS OF ELECTION SHALL HAVE THE VOTING MACHINES, BALLOTS, AND STATIONERY DELIVERED TO THEM FOR ELECTIONS, AND TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 7-13-1880, RELATING TO THE LOCKING AND SEALING OF VOTING MACHINES WHEN THE POLLS OF ELECTION ARE CLOSED, SO AS TO PROVIDE FOR LOCKING OR SEALING OF VOTING MACHINES, AND FOR VIEWING AND CERTIFYING THE RESULTS OF ELECTIONS, AND TO PROVIDE FOR THE RETURN OF PROVISIONAL AND FAILSAFE BALLOTS WITH MACHINE RESULTS; TO AMEND SECTION 7-13-1890, RELATING TO KEYS AND LOCKING VOTING MACHINES AFTER AN ELECTION, SO AS TO PROVIDE THAT MACHINES MAY BE OPENED AND ALL DATA EXAMINED BY THE AUTHORITY RESPONSIBLE FOR CONDUCTING THE ELECTION IN ORDER TO ASCERTAIN THE MACHINE RESULTS AS LONG AS ALL CANDIDATES ARE NOTIFIED AND GIVEN AN OPPORTUNITY TO BE PRESENT OR UPON THE ORDER OF A COURT OF COMPETENT JURISDICTION; TO AMEND SECTION 7-15-310, RELATING TO DEFINITIONS USED IN CONNECTION WITH ABSENTEE VOTING, SO AS TO REDEFINE "IMMEDIATE FAMILY" TO INCLUDE GRANDPARENTS, GRANDCHILDREN, AND MOTHERS-IN-LAW, FATHERS-IN-LAW, BROTHERS-IN-LAW, SISTERS-IN-LAW, SONS-IN-LAW, AND DAUGHTERS-IN-LAW AS WELL AS A PERSON'S SPOUSE, PARENTS, CHILDREN, BROTHERS, AND SISTERS; AND TO REPEAL SECTION 7-13-620, RELATING TO THE NUMBER OF BALLOTS WHEN VOTING MACHINES ARE NOT USED.
(R466, H. 4775 (Word version)) -- Ways and Means Committee: AN ACT TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING, JULY 1, 2000 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR; TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976 CODE, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXEMPT FROM THE TAX SALES OF CLOTHING, CLOTHING ACCESSORIES, FOOTWEAR, SCHOOL SUPPLIES, AND COMPUTERS DURING A PERIOD BEGINNING 12:01 A.M. ON THE FIRST FRIDAY IN AUGUST AND ENDING AT TWELVE MIDNIGHT THE FOLLOWING SUNDAY, TO PROVIDE EXCEPTIONS, AND TO REQUIRE THE DEPARTMENT OF REVENUE BEFORE JULY TENTH OF EACH YEAR TO PUBLISH AND MAKE AVAILABLE TO THE PUBLIC AND RETAILERS A LIST OF THE ARTICLES QUALIFYING FOR THIS EXEMPTION; BY ADDING SECTION 8-23-110 SO AS TO DIRECT THE DEFERRED COMPENSATION COMMISSION TO ENSURE THAT APPROPRIATE DEFERRED COMPENSATION PLAN DOCUMENTS ALLOW EMPLOYER CONTRIBUTIONS, TO ALLOW POLITICAL SUBDIVISIONS OF THE STATE, INCLUDING SCHOOL DISTRICTS, PARTICIPATING IN STATE DEFERRED COMPENSATION PLANS OR IN SUCH PLANS OF OTHER PROVIDERS TO MAKE EMPLOYER CONTRIBUTIONS, AND TO PROVIDE FOR MATCHING OR OTHER CONTRIBUTIONS BY THE STATE TO STATE EMPLOYEES PARTICIPATING IN SUCH PLANS TO THE EXTENT FUNDS ARE APPROPRIATED FOR THIS PURPOSE, AND TO PROVIDE THAT THE AMOUNT, TERMS, AND CONDITIONS OF THE CONTRIBUTIONS MUST BE DETERMINED BY THE STATE BUDGET AND CONTROL BOARD; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; TO AMEND SECTION 59-149-50, RELATING TO THE ELIGIBILITY REQUIREMENTS FOR A LIFE SCHOLARSHIP, SO AS TO DELETE THE REQUIREMENT THAT STUDENTS MUST PASS ALL COURSES REQUIRED FOR A STAR DIPLOMA AND ADJUST FISCAL YEAR 2000-2001 APPROPRIATIONS TO REFLECT THIS CHANGE IN ELIGIBILITY; TO REPEAL SECTIONS 59-39-105 AND 59-39-190 RELATING TO THE REQUIREMENTS AND THE PROMULGATION OF REGULATIONS FOR THE STAR DIPLOMA, AND TO REPEAL SECTION 59-103-175, RELATING TO INCLUDING STAR DIPLOMA INFORMATION IN HIGH SCHOOL AND HIGHER EDUCATION AWARENESS COUNSELING, ALL SO AS TO REPEAL THE STAR DIPLOMA PROGRAM; TO AMEND SECTION 9-1-1795, RELATING TO AN EXCEPTION TO THE EARNINGS LIMITATION APPLICABLE TO COVERED EMPLOYMENT OF A RETIRED CERTIFIED TEACHER, SO AS TO CHANGE FROM JULY 15 TO MAY 31 OF EACH YEAR THE TIME BEFORE WHICH A MEMBER OF THE SYSTEM MAY NOT BE CONSIDERED FOR EMPLOYMENT BY A SCHOOL DISTRICT; TO AMEND SECTION 59-118-30, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA ACADEMIC ENDOWMENT INCENTIVE ACT WHERE MATCHING STATE FUNDS ARE PROVIDED TO QUALIFYING COLLEGES AND UNIVERSITIES FOR ENDOWMENT GIFTS UNDER CERTAIN CONDITIONS, SO AS TO REVISE THE DEFINITION OF "QUALIFYING COLLEGE OR UNIVERSITY" TO INCLUDE TWO-YEAR STATE-SUPPORTED INSTITUTIONS INCLUDING COLLEGE OR UNIVERSITY REGIONAL CAMPUSES; BY ADDING SECTION 51-13-765, SO AS TO ALLOW THE PATRIOT'S POINT DEVELOPMENT AUTHORITY TO MAINTAIN SPECIAL ACCOUNTS WHICH RETAIN AND CARRY OVER FUNDS FROM YEAR TO YEAR, TO HOLD ALL SPECIAL ACCOUNT EARNINGS AND INTEREST FOR THE BENEFIT OF THE AUTHORITY, AND TO REQUIRE ANNUAL REPORTS OF RECEIPTS AND EXPENDITURES FROM THESE ACCOUNTS; TO AMEND SECTION 56-3-2332, RELATING TO THE ISSUE OF THE STANDARD LICENSE PLATE TO A VEHICLE MANUFACTURER FOR VEHICLES USED IN EMPLOYEE BENEFIT PROGRAMS, TESTING, OR PROMOTIONAL PURPOSES, SO AS TO INCREASE THE ANNUAL REGISTRATION FEE FROM SIX HUNDRED NINETY-SEVEN DOLLARS AND FORTY-SIX CENTS TO EIGHT HUNDRED EIGHTY DOLLARS; TO AMEND SECTION 1-11-710, AS AMENDED, RELATING TO DUTIES OF THE STATE BUDGET AND CONTROL BOARD IN ESTABLISHING AND MAINTAINING THE STATE GROUP HEALTH, DENTAL, LIFE, AND DISABILITY INSURANCE PLANS, SO AS TO REQUIRE A PUBLIC HEARING BEFORE THE BOARD MAY INCREASE EMPLOYEE PAID PREMIUMS OR REDUCE BENEFITS IN THE HEALTH AND DENTAL INSURANCE PLANS, TO PROHIBIT ANY SUCH ADJUSTMENTS IN THE HEALTH AND DENTAL INSURANCE PLANS EXCEPT WHILE THE GENERAL ASSEMBLY IS MEETING IN REGULAR SESSION, AND TO ADJUST EMPLOYEE CONTRIBUTIONS, DEDUCTIBLES, AND COPAYMENTS IN THE STATE HEALTH INSURANCE PLAN EFFECTIVE JANUARY 1, 2001; TO AMEND SECTION 50-9-510, AS AMENDED, RELATING TO THE SALE OF CERTAIN HUNTING LICENSES, SO AS TO DELETE THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO ISSUE A TEN-DAY NONRESIDENTIAL BIG GAME PERMIT; TO AMEND SECTION 59-31-360, RELATING TO WAIVER OF TEXTBOOK RENTAL CHARGES BY THE STATE DEPARTMENT OF EDUCATION, SO AS TO ALLOW THE WAIVER FOR KINDERGARTEN, AS WELL AS GRADES ONE THROUGH TWELVE; BY ADDING SECTION 59-47-120 SO AS TO ALLOW THE SCHOOL FOR THE DEAF AND THE BLIND TO REQUIRE TEACHING OR CLINICAL STAFF EMPLOYED BY THE SCHOOL WHO ATTEND ADVANCED TRAINING PAID FOR BY THE SCHOOL TO CONTRACT WITH THE SCHOOL TO REMAIN IN EMPLOYMENT FOR A MINIMUM OF ONE YEAR BEYOND COMPLETION OF THE TRAINING, AND TO REIMBURSE THE SCHOOL FOR EXPENSES INCURRED FOR THE TRAINING IF THE EMPLOYEE BREACHES THE CONTRACT, AND TO PROVIDE FOR THE DEFINITION OF "ADVANCED TRAINING" BY REGULATION; TO AMEND CHAPTER 3, TITLE 23, RELATING TO THE STATE LAW ENFORCEMENT DIVISION, BY ADDING ARTICLE 12 SO AS TO ENACT "THE NATIONAL CRIME PREVENTION AND PRIVACY COMPACT ACT"; TO AMEND SECTION 9-9-50, AS AMENDED, RELATING TO CREDITED SERVICE IN THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO DELETE CREDITED SERVICE PROVISIONS SPECIFIC TO MEMBERS OF THE GENERAL ASSEMBLY AND TO PROVIDE THAT GENERAL ASSEMBLY MEMBERS MAY ESTABLISH SERVICE CREDIT AT THE SAME COST AND UNDER THE SAME CONDITIONS AS MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM MAY ESTABLISH SERVICE; BY ADDING SECTION 1-1-1035 SO AS TO PROVIDE THAT NO STATE FUNDS OR MEDICAID FUNDS SHALL BE EXPENDED TO PERFORM ABORTIONS, EXCEPT FOR THOSE ABORTIONS AUTHORIZED BY FEDERAL LAW UNDER THE MEDICAID PROGRAM; BY ADDING SECTION 8-23-115 SO AS TO PROVIDE THAT AS AN ADDITIONAL BENEFIT FOR STATE EMPLOYEES, PARTICIPATING IN THE DEFERRED COMPENSATION PLAN, THE DEFERRED COMPENSATION COMMISSION SHALL ENSURE THAT CONTRACTS ENTERED INTO WITH THIRD PARTY VENDORS INCLUDE PROVISIONS THAT DIRECT THE VENDOR TO PROVIDE CONSULTATIVE SERVICES FOR PLAN PARTICIPANTS; TO ENACT THE SOUTH CAROLINA CAPITAL GAIN HOLDING PERIOD REFORM ACT BY AMENDING SECTION 12-6-1150 RELATING TO THE STATE INCOME TAX DEDUCTION FOR A PORTION OF NET CAPITAL GAIN, SO AS TO ELIMINATE THE SEPARATE STATE HOLDING PERIOD OF TWO YEARS TO QUALIFY FOR THE DEDUCTION, REQUIRE THE HOLDING PERIOD FOR THE STATE DEDUCTION TO CONFORM TO THE FEDERAL HOLDING PERIOD FOR LONG-TERM CAPITAL GAIN, AND TO DELETE OBSOLETE LANGUAGE; BY ADDING SECTION 59-125-95 SO AS TO PROVIDE THAT AS EXISTING CAPACITY ALLOWS, WINTHROP UNIVERSITY MAY OFFER GRADUATE-LEVEL IN-STATE TUITION TO RESIDENTS OF THE MEMBER COUNTIES OF THE CAROLINAS PARTNERSHIP FOR ECONOMIC DEVELOPMENT, AS LONG AS NO NEW SECTION OF ANY SCHEDULED CLASS IS REQUIRED TO BE OPENED TO ACCOMMODATE SUCH STUDENTS AND NO QUALIFIED SOUTH CAROLINA GRADUATE STUDENT SHALL LOSE A POSITION IN A CLASS DUE TO A NORTH CAROLINA STUDENT; TO AMEND SECTION 59-48-20, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SPECIAL SCHOOL OF SCIENCE AND MATHEMATICS, SO AS TO PROVIDE FOR SIX ADDITIONAL MEMBERS OF THE BOARD; TO AMEND TITLE 44, RELATING TO HEALTH BY ADDING CHAPTER 130, SO AS TO ENACT THE "SOUTH CAROLINA SENIORS' PRESCRIPTION DRUG PROGRAM ACT", WHICH INCLUDES PROVISIONS TO DEFINE "PRESCRIPTION DRUG" FOR PURPOSES OF THE PROGRAM; TO ESTABLISH A PROGRAM ADMINISTERED BY THE OFFICE OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO PROVIDE FINANCIAL ASSISTANCE IN PURCHASING PRESCRIPTION DRUGS TO RESIDENTS OF THIS STATE WHO HAVE ATTAINED AGE SIXTY-FIVE YEARS WHO ARE INELIGIBLE FOR MEDICAID OR ANY OTHER PRESCRIPTION DRUG BENEFITS AND WHOSE ANNUAL INCOME DOES NOT EXCEED ONE HUNDRED FIFTY PERCENT OF THE FEDERAL POVERTY LEVEL; TO REQUIRE SEMIANNUAL REPORTS TO THE GOVERNOR AND THE GENERAL ASSEMBLY FOR THE EVALUATION OF THE PROGRAM; TO AUTHORIZE EXPANSION OF THE PROGRAM UNDER CERTAIN CONDITIONS; TO PROVIDE THAT THE PROGRAM MUST BE FUNDED FROM PROCEEDS OF THE TOBACCO SETTLEMENT; AND TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO SEEK A MEDICAID WAIVER TO EXPAND PRESCRIPTION DRUG SERVICES TO MEDICARE BENEFICIARIES; BY ADDING SECTION 44-37-40 SO AS TO ENACT THE "UNIVERSAL NEWBORN HEARING SCREENING AND INTERVENTION ACT" INCLUDING PROVISIONS TO REQUIRE NEWBORN HEARING SCREENING AND THE PROVISION OF SCREENING INFORMATION AND TO PROVIDE AN EXCEPTION; TO ESTABLISH EVALUATION AND INTERVENTION PROCEDURES AND SERVICES; TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ESTABLISH SCREENING REPORTING PROCEDURES FOR HOSPITALS, AUDIOLOGISTS, AND EARLY INTERVENTIONISTS; TO REQUIRE THE DEPARTMENT TO ESTABLISH MONITORING AND MEASUREMENT OF THE SCREENINGS AND INTERVENTIONS EFFECTIVENESS; TO REQUIRE THE DEPARTMENT TO ESTABLISH THE NEWBORN HEARING SCREENING AND INTERVENTION ADVISORY COUNCIL; TO REQUIRE THE DEPARTMENT TO ESTABLISH REIMBURSEMENT PROCEDURES FOR EXPENSES INCURRED; AND TO PROVIDE THAT RESPONSIBILITIES OF THE DEPARTMENT UNDER THIS SECTION MUST BE FUNDED FROM PROCEEDS OF THE TOBACCO SETTLEMENT AGREEMENT; BY ADDING SECTION 44-7-78, SO AS TO PROVIDE THAT AN ENTITY THAT OPERATES A HEALTH CARE FACILITY REQUIRING A CERTIFICATE OF NEED MAY DEVELOP AND OPERATE FACILITIES, PROGRAMS, AND SERVICES IN ANY LOCATION WHERE SUCH FACILITIES, PROGRAMS, OR SERVICES SUPPORT THE ENTITY OR PROVIDE SERVICES TO RESIDENTS IF ALL OTHER STATUTORY AND REGULATORY REQUIREMENTS ARE MET; TO AMEND TITLE 44 BY ADDING CHAPTER 128 SO AS TO ENACT THE "SOUTH CAROLINA YOUTH SMOKING PREVENTION ACT", INCLUDING REQUIRING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP A YOUTH SMOKING PREVENTION PLAN WHICH MAY INCLUDE AWARDING GRANTS TO LOCAL AGENCIES, ORGANIZATIONS, AND ENTITIES, TO PROVIDE THAT THE RESPONSIBILITIES OF THE DEPARTMENT UNDER THIS CHAPTER MUST BE FUNDED FROM PROCEEDS RECEIVED FROM THE TOBACCO SETTLEMENT AGREEMENT, AND TO ESTABLISH THE SOUTH CAROLINA YOUTH SMOKING PREVENTION ADVISORY COMMISSION TO ADVISE THE DEPARTMENT IN THE IMPLEMENTATION OF THIS ACT AND PROVIDE FOR ITS MEMBERSHIP; TO AMEND SECTION 6-5-10, AS AMENDED, RELATING TO AUTHORIZED INVESTMENTS BY POLITICAL SUBDIVISIONS, SO AS TO PROVIDE THAT POLITICAL SUBDIVISIONS RECEIVING MEDICAID FUNDS APPROPRIATED BY THE GENERAL ASSEMBLY ARE AUTHORIZED TO UTILIZE APPROPRIATED FUNDS AND OTHER MONIES TO PARTICIPATE IN CERTAIN INVESTMENTS AND TO PROVIDE THAN NO MORE THAN FORTY PERCENT OF THE FUNDS AND OTHER MONIES MAY BE INVESTED IN THE MANNER PROVIDED HEREIN; TO AMEND TITLE 51, BY ADDING CHAPTER 18 TO ESTABLISH THE WAR BETWEEN THE STATES HERITAGE TRUST PROGRAM; TO AMEND SECTION 12-6-5060, RELATING TO CHARITABLE CONTRIBUTIONS ALLOWED ON STATE INDIVIDUAL INCOME TAX RETURNS, SO AS TO ALLOW CONTRIBUTIONS TO THE WAR BETWEEN THE STATES HERITAGE TRUST FUND, AND TO AMEND SECTION 12-37-220, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT PROPERTY HELD IN TRUST PURSUANT TO THE WAR BETWEEN THE STATES HERITAGE TRUST FUND; TO AMEND SECTION 14-1-208, AS AMENDED, RELATING TO ASSESSMENTS IMPOSED IN MUNICIPAL COURT, SO AS TO INCREASE THE ASSESSMENT FROM SEVENTY-FOUR PERCENT OF THE FINE IMPOSED TO ONE HUNDRED PERCENT, TO PROVIDE THAT THE ADDITIONAL MONIES COLLECTED ARE REMITTED TO THE STATE TREASURER FOR THE GOVERNOR'S TASK FORCE ON LITTER, AND TO EXEMPT THE EXPENDITURE OF THESE FUNDS FROM THE PROVISIONS OF CHAPTER 35 OF TITLE 11; TO PROVIDE FOR MONIES TO THE DEPARTMENT OF JUVENILE JUSTICE FOR REDUCTION OF NONSTATE COSTS OF OPERATING JUVENILE DETENTION CENTERS; TO AMEND SECTION 16-11-700, AS AMENDED, RELATING TO THE OFFENSE OF LITTERING, SO AS TO ELIMINATE THE REQUIREMENT THAT A PORTION OF THE FINES IMPOSED FOR VIOLATIONS MUST BE DEPOSITED IN THE GENERAL FUND OF THE STATE AND USED BY THE OFFICE OF THE GOVERNOR TO FUND A LITTER CONTROL PROGRAM; TO AMEND ARTICLE 11, CHAPTER 1, TITLE 13, RELATING TO THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO DELETE THE WORD "ADVISORY" FROM THE DESIGNATION OF THE COUNCIL, TO PROVIDE FOR MEMBERSHIP ON THE COUNCIL OF THE SOUTH CAROLINA RESEARCH AUTHORITY IN THE PLACE OF THE SMALL AND MINORITY BUSINESS EXPANSION COUNCIL, TO INCLUDE OTHER ECONOMIC DEVELOPMENT PROJECTS IN GRANT APPROVALS, AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-10-85, RELATING TO THE PURPOSE AND USE OF STATE RURAL INFRASTRUCTURE FUNDS, SO AS TO SPECIFY QUALIFYING INFRASTRUCTURE AND OTHER ECONOMIC DEVELOPMENT ACTIVITIES AND TO REDEFINE "LOCAL GOVERNMENT" TO MEAN A COUNTY OR GROUP OF COUNTIES PURSUANT TO SECTION 4-9-20 INSTEAD OF A MUNICIPALITY ORGANIZED PURSUANT TO TITLE 5; BY ADDING SECTION 59-111-75 SO AS TO AUTHORIZE THE MILITARY DEPARTMENT THROUGH THE ADJUTANT GENERAL TO DEVELOP A LOAN REPAYMENT PROGRAM WHEREBY TALENTED AND QUALIFIED STATE RESIDENTS MAY ATTEND STATE PUBLIC OR PRIVATE COLLEGES AND UNIVERSITIES FOR THE PURPOSE OF PROVIDING INCENTIVES FOR ENLISTING OR REMAINING IN THE SOUTH CAROLINA NATIONAL GUARD IN AREAS OF CRITICAL NEED, AND TO PROVIDE FOR THE PROCEDURES, CONDITIONS, AND REQUIREMENTS OF THE PROGRAM; TO AMEND SECTION 12-36-140, RELATING TO THE DEFINITIONS OF "STORAGE" AND "USE" FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT AND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO CLARIFY THAT THE SOUTH CAROLINA SALES AND USE TAX DOES NOT APPLY TO THE DISTRIBUTION OF DIRECT MAIL ADVERTISING MATERIALS WHICH ARE DISTRIBUTED IN THIS STATE BY ANY PERSON ENGAGED IN THE BUSINESS OF PROVIDING COOPERATIVE DIRECT MAIL ADVERTISING; TO AMEND SECTIONS 9-1-10, 9-1-470, 9-1-1140, 9-1-1540, 9-1-1650, ALL AS AMENDED, 9-1-1660, AND 9-1-1910, ALL RELATING TO DEFINITIONS, MEMBERSHIP BY EMPLOYERS, PURCHASE OF SERVICE CREDIT, WITHDRAWAL OF CONTRIBUTIONS BY MEMBER, AND PROVISIONS FOR BENEFICIARIES WHEN A MEMBER DIES IN SERVICE, AND THE MINIMUM BENEFIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REVISE AND PROVIDE ADDITIONAL DEFINITIONS, CORRECT CROSS-REFERENCES, CLARIFY THAT A PREREQUISITE FOR ANY BENEFIT IS AT LEAST FIVE YEARS OF EARNED SERVICE, TO REVISE RETIREMENT PAYMENT PROVISIONS UPON THE DEATH OF A RETIRED MEMBER, TO REVISE ELIGIBILITY REQUIREMENTS AND PAYMENT AMOUNTS REQUIRED TO ESTABLISH SERVICE CREDIT FOR SERVICE OUTSIDE OF THE VARIOUS STATE RETIREMENT SYSTEMS AND DELETE THE LUMP SUM PURCHASE TO OFFSET A REDUCTION FOR EARLY RETIREMENT; TO AMEND SECTIONS 9-11-10, 9-11-40, 9-11-50, 9-11-60, 9-11-70, 9-11-80, ALL AS AMENDED, 9-11-130 AND 9-11-210, AS AMENDED, 9-11-220, ALL RELATING TO DEFINITIONS, MEMBERSHIP OF EMPLOYERS AND EMPLOYEES, CREDITED SERVICE, SERVICE RETIREMENT ELIGIBILITY AND RETIREMENT ALLOWANCES, DISABILITY RETIREMENT, PROVISIONS FOR BENEFICIARIES WHEN A MEMBER DIES IN SERVICE, EMPLOYER AND EMPLOYEE CONTRIBUTIONS, FOR PURPOSES OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO REVISE AND PROVIDE ADDITIONAL DEFINITIONS, CORRECT CROSS REFERENCES, CLARIFY THAT A PREREQUISITE FOR ANY BENEFIT IS AT LEAST FIVE YEARS OF EARNED SERVICE, TO REVISE ELIGIBILITY REQUIREMENTS AND PAYMENT AMOUNTS REQUIRED TO ESTABLISH SERVICE CREDIT FOR SERVICE OUTSIDE OF THE VARIOUS STATE RETIREMENT SYSTEMS; TO AMEND SECTIONS 9-1-1620, AS AMENDED, 9-11-150, AS AMENDED, 9-11-110, AS AMENDED, AND 9-1-1660, RELATING TO OPTIONAL ALLOWANCES FOR BENEFICIARIES FOR RETIRED MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND PAYMENTS TO BENEFICIARIES FOLLOWING IN-SERVICE DEATH OF MEMBERS OF THESE SYSTEMS, SO AS TO REVISE THE OPTIONS AND MAKE CONFORMING AMENDMENTS; TO AMEND SECTION 1-11-730, AS AMENDED, RELATING TO PERSONS ELIGIBLE TO PARTICIPATE IN THE STATE EMPLOYEE HEALTH INSURANCE PLANS AND THE COSTS FOR SUCH EMPLOYEES, SO AS TO PROVIDE COVERAGE FOR CERTAIN PERSONS WHO HAVE RETURNED TO STATE SERVICE AFTER TERMINATING BEFORE RETIREMENT; TO REPEAL SECTIONS 9-1-80, 9-1-440, 9-1-500, 9-1-850, 9-1-860, 9-1-1040, 9-1-1150, 9-1-1530, 9-1-1535, 9-1-1700, 9-1-1710, 9-1-1720, 9-1-1730, 9-1-1860, 9-11-55, 9-11-325, AND 9-11-330, ALL RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM OR THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND ALL MADE OBSOLETE BY THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 9-8-60, AS AMENDED, RELATING TO RETIREMENT AND RETIREMENT ALLOWANCES UNDER THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO EXTEND THE DATE BY WHICH A JUDGE OR SOLICITOR MAY RETIRE TO THE END OF THE CALENDAR YEAR IN WHICH THE JUDGE OR SOLICITOR ATTAINS THE AGE OF SEVENTY-TWO YEARS RATHER THAN UPON ATTAINING AGE SEVENTY-TWO; TO AMEND TITLE 11, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 49 SO AS TO ENACT THE "TOBACCO SETTLEMENT REVENUE MANAGEMENT AUTHORITY ACT" PROVIDING FOR THE ESTABLISHMENT OF A STATE INSTRUMENTALITY TO RECEIVE PAYMENTS FROM TOBACCO PRODUCT MANUFACTURERS UNDER THE MASTER SETTLEMENT AGREEMENT BETWEEN THIS STATE AND TOBACCO PRODUCT MANUFACTURERS, AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES RELATING TO THE RECEIPT, ALLOCATION, SECURITIZATION, AND DISPOSITION OF THESE PAYMENTS; TO AUTHORIZE THE AUTHORITY TO ISSUE BONDS FOR AUTHORIZED PURPOSES TO BE SECURED BY AND PAID SOLELY FROM THESE PAYMENTS; TO PROVIDE FOR THE DISPOSITION OF THESE PAYMENTS NOT NEEDED FOR THE EXPENSES OF THE INSTRUMENTALITY OR FOR DEBT SERVICE ON THE BONDS; TO AMEND SECTIONS 1-23-10, 8-13-770, AND 15-78-60, ALL AS AMENDED, RELATING TO THE DEFINITION OF STATE AGENCY FOR PURPOSES OF COVERAGE AND EXEMPTION FROM THE ADMINISTRATIVE PROCEDURES ACT, THE BOARDS ON WHICH MEMBERS OF THE GENERAL ASSEMBLY MAY SERVE, AND THE EXCEPTIONS TO THE WAIVER OF IMMUNITY UNDER THE TORT CLAIMS ACT, SO AS TO EXEMPT THE AUTHORITY FROM THE ADMINISTRATIVE PROCEDURES ACT, TO ALLOW MEMBERS OF THE GENERAL ASSEMBLY TO SERVE ON THE AUTHORITY, TO ADD AN EXCEPTION TO THE TORT CLAIMS ACT FOR THE ACTIONS OF THE AUTHORITY, AND TO MAKE THESE PROVISIONS SEVERABLE, BY ADDING SECTION 11-11-170 SO AS TO CREATE IN THE STATE TREASURY THE HEALTHCARE TOBACCO SETTLEMENT FUND, THE TOBACCO COMMUNITY TRUST FUND, THE TOBACCO SETTLEMENT ECONOMIC DEVELOPMENT FUND, AND THE TOBACCO SETTLEMENT LOCAL GOVERNMENT FUND AS FUNDS SEPARATE FROM ALL OTHER FUNDS AND TO CREDIT TO THESE FUNDS IN STATED PERCENTAGES ALL REVENUE RECEIVED BY THIS STATE FROM THE MASTER SETTLEMENT AGREEMENT OR BOND PROCEEDS DERIVED FROM THE SECURITIZATION OF THESE PROCEEDS; TO PROVIDE THAT EARNINGS ON THESE FUNDS ARE CREDITED TO THEM, TO PROVIDE FOR THE USE OF FUND PROCEEDS, INCLUDING HEALTH PROGRAMS, LOSS REIMBURSEMENTS TO TOBACCO GROWERS, QUOTA OWNERS, AND WAREHOUSEMEN, REVITALIZATION OF TOBACCO COMMUNITIES, AND ECONOMIC DEVELOPMENT, AND FOR THE OPERATION OF AND SOURCE OF GRANT FUNDS FOR THE OFFICE OF LOCAL GOVERNMENT OF THE DIVISION OF REGIONAL DEVELOPMENT OF THE STATE BUDGET AND CONTROL BOARD, TO PROVIDE SPECIAL DISTRIBUTIONS FOR MASTER SETTLEMENT AGREEMENT REVENUES RECEIVED BEFORE JULY 1, 2001; BY ADDING SECTION 13-1-45 ESTABLISHING THE SOUTH CAROLINA WATER AND WASTEWATER INFRASTRUCTURE FUND AND PROVIDING FOR ITS OPERATION, INCLUDING THE DETERMINATION OF ELIGIBILITY FOR PROJECTS TO BE FUNDED AND THE MANNERS OF FUNDING; TO AMEND SECTION 1-30-25, AS AMENDED, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO PROVIDE THAT THE DEPARTMENT DEVELOP CRITERIA FOR ALLOCATING FUNDING THROUGH THE SOUTH CAROLINA FILM OFFICE; TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO PROVIDE FOR HUNTING DEER ON SUNDAYS ON PRIVATE LAND IN GAME ZONE 4; BY ADDING SECTION 54-3-260 SO AS TO REQUIRE APPROVAL OF THE GENERAL ASSEMBLY PRIOR TO THE CONSTRUCTION OF A TERMINAL OR RAILROAD ON DANIEL ISLAND BY THE STATE PORTS AUTHORITY; TO AMEND SECTION 44-56-170, AS AMENDED, RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH FUNDS FROM FEES COLLECTED FROM HAZARDOUS WASTE DISPOSAL ARE DISTRIBUTED AND TO REPEAL SUBSECTION C., SECTION 63, PART II, ACT 100 OF 1999; BY ADDING SECTION 54-7-110 SO AS TO PROVIDE THAT THE HUNLEY COMMISSION AND THE SOUTH CAROLINA EDUCATIONAL TELEVISION COMMISSION IN ANY FILM EITHER MAKES RELATING TO THE HUNLEY INCLUDING, BUT NOT LIMITED TO, THE RECOVERY OF THE HUNLEY WHICH IS FURNISHED TO ANOTHER PARTY FOR OTHER THAN A CONTRACTUAL FEE SHALL INSERT IN APPROPRIATE PLACES AT THE BOTTOM AND END OF THE FILM A SPECIFIED CAPTION; BY ADDING SECTION 37-2-307 SO AS TO REQUIRE MOTOR VEHICLE DEALERS CHARGING CLOSING FEES ON SALES CONTRACTS TO PAY A ONCE YEARLY REGISTRATION FEE TO THE DEPARTMENT OF CONSUMER AFFAIRS AND TO REQUIRE CLOSING COSTS TO BE DISCLOSED IN ADVERTISED CAR PRICES AND IN THE SALES CONTRACT AND TO BE DISPLAYED IN THE DEALERSHIP; TO AMEND SECTION 24-3-40, AS AMENDED, RELATING TO THE DISPOSITION OF WAGES OF A PRISONER ALLOWED TO WORK AT PAID EMPLOYMENT, SO AS TO PROVIDE THAT THE MONIES DEPOSITED WITH THE STATE TREASURER IN A SPECIAL ACCOUNT TO SUPPORT VICTIM ASSISTANCE PROGRAMS MUST BE DEPOSITED IN A SPECIAL ACCOUNT FOR THE USE OF THE STATE OFFICE OF VICTIM ASSISTANCE TO PROVIDE VICTIM COMPENSATION, PROGRAM DEVELOPMENT, TRAINING, AND ADMINISTRATIVE SUPPORT; TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, ALL AS AMENDED, ALL RELATING TO ASSESSMENTS IN GENERAL SESSIONS, FAMILY, MAGISTRATES, AND MUNICIPAL COURT, SO AS TO PROVIDE FOR ADDITIONAL INFORMATION TO BE PROVIDED FOR THE COUNTY OR MUNICIPALITY, AS APPLICABLE, IN A SUPPLEMENTARY SCHEDULE OF THE ANNUAL EXTERNAL AUDIT; TO AMEND SECTION 14-1-211, AS AMENDED, RELATING TO A SURCHARGE IN GENERAL SESSIONS COURT, SO AS TO PROVIDE FOR ADDITIONAL INFORMATION TO BE PROVIDED FOR THE COUNTY IN A SUPPLEMENTARY SCHEDULE BY THE ANNUAL EXTERNAL AUDIT; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO THE CLASSIFICATION OF PROPERTY AND APPLICABLE ASSESSMENT RATIOS FOR PURPOSES OF PROPERTY TAX, SO AS TO PROVIDE THAT THE FIVE PERCENT ASSESSMENT RATIO APPLICABLE TO COMMERCIAL FISHING BOATS LICENSED BY THE DEPARTMENT OF NATURAL RESOURCES EXTENDS TO BOATS ON OR FROM WHICH COMMERCIAL FISHING EQUIPMENT LICENSED BY THAT DEPARTMENT IS USED; TO AMEND SECTION 51-17-140, AS AMENDED, RELATING TO MAXIMUM ACREAGE THAT MAY BE ACQUIRED UNDER THE PROVISIONS OF THE HERITAGE TRUST PROGRAM, SO AS TO RAISE THE LIMITATION FROM ONE HUNDRED THOUSAND ACRES TO ONE HUNDRED FIFTY THOUSAND ACRES AND TO REQUIRE ADVANCE APPROVAL OF ACQUISITIONS BY THE COUNTY LEGISLATIVE DELEGATION; TO AMEND SECTION 12-43-220, RELATING TO UNIFORM ASSESSMENT RATIOS, SO AS TO PROVIDE FOR THE ASSESSMENT OF CERTAIN COMMERCIAL TUGBOATS AT FIVE PERCENT OF FAIR MARKET VALUE; TO AMEND SECTION 56-3-840, AS AMENDED, RELATING TO DELINQUENT REGISTRATION, SO AS TO UPDATE THE REFERENCE DATE FOR THE BUILDING FUND INCLUDING THE REVENUES AND TO PROVIDE THAT THE BUDGET AND CONTROL BOARD SHALL APPROVE CERTAIN BUILDING PROJECTS; TO AMEND SECTION 16-11-700, AS AMENDED, RELATING TO THE OFFENSE OF DUMPING LITTER OR OTHER SOLID WASTE ON PUBLIC OR PRIVATE PROPERTY, SO AS TO INCREASE THE FINES FOR VIOLATIONS, REQUIRE COMMUNITY SERVICE FOR A FIRST CONVICTION, AND INCREASE THE AMOUNT OF COMMUNITY SERVICE REQUIRED FOR SECOND AND SUBSEQUENT CONVICTIONS; TO AMEND SECTION 22-8-40, AS AMENDED, RELATING TO THE SALARY OF MAGISTRATES AND THE NUMBER OF MAGISTRATES AUTHORIZED IN A COUNTY, SO AS TO ALLOW A MAGISTRATE TO COUNT PRIOR SERVICE AS A MAGISTRATE FOR PURPOSES OF SALARY PAID TO A MAGISTRATE IN THE MAGISTRATE'S INITIAL TERM; BY ADDING SECTION 10-1-205 SO AS TO REQUIRE COMPUTERS IN PUBLIC LIBRARIES, PUBLIC SCHOOL LIBRARIES, AND LIBRARIES IN PUBLIC INSTITUTIONS OF HIGHER LEARNING WHICH CAN ACCESS THE INTERNET AND ARE AVAILABLE FOR USE BY THE PUBLIC OR STUDENTS TO HAVE ITS COMPUTER-USE POLICIES DETERMINED BY LIBRARY GOVERNING BOARD WHICH USE POLICIES MUST BE DESIGNED TO REDUCE THE ABILITY OF A USER TO ACCESS WEB SITES DISPLAYING OBSCENE OR PORNOGRAPHIC MATERIAL; TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO EXCEPTIONS TO THE WAIVER OF IMMUNITY UNDER THE TORT CLAIMS ACT, SO AS TO INCLUDE THE FAILURE OF A LIBRARY'S GOVERNING BOARD TO ADOPT THE POLICIES REQUIRED ABOVE; TO AMEND SECTION 56-3-910, AS AMENDED, RELATING TO THE DISPOSITION OF MOTOR VEHICLE LICENSING AND REGISTRATION FEES, SO AS TO PROVIDE FOR THE CREDITING OF MOTOR VEHICLE LICENSING AND REGISTRATION FEES AND PENALTIES NOT ALREADY CREDITED TO THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK TO THE STATE HIGHWAY FUND BEGINNING JULY 1, 2000; BY ADDING ARTICLE 5 IN CHAPTER 10 OF TITLE 4, RELATING TO LOCAL SALES AND USE TAXES, ENACTING THE PERSONAL PROPERTY TAX EXEMPTION SALES TAX ACT, SO AS TO AUTHORIZE THE IMPOSITION BY REFERENDUM APPROVAL OF A SALES AND USE TAX IN A COUNTY IN INCREMENTS OF ONE-TENTH OF ONE PERCENT, NOT TO EXCEED TWO PERCENT, TO PROVIDE FOR THOSE CIRCUMSTANCES RESULTING IN RESCINDING THE TAX, AND TO REQUIRE THE TAX REVENUE TO BE USED TO REPLACE PROPERTY TAX REVENUES NOT COLLECTED ON PRIVATE PASSENGER MOTOR VEHICLES, MOTORCYCLES, GENERAL AVIATION AIRCRAFT, BOATS, AND BOAT MOTORS WHICH ARE EXEMPT FROM PROPERTY TAXES LEVIED IN THE COUNTY IF A MAJORITY IN THE REFERENDUM FAVOR THE SALES TAX; TO AMEND SECTION 11-11-150, RELATING TO THE REDUCTIONS IN THE REVENUE ESTIMATE FOR AMOUNTS CREDITED TO THE TRUST FUND FOR TAX RELIEF, SO AS TO PROVIDE FOR THE REIMBURSEMENTS REQUIRED PURSUANT TO THIS ACT; TO AMEND SECTION 11-35-1510, AS AMENDED, RELATING TO METHODS OF SOURCE SELECTION PURSUANT TO THE CONSOLIDATED PROCUREMENT CODE, SO AS TO ADD COMPETITIVE ON-LINE BIDDING TO THE METHODS OF SOURCE SELECTION PERMITTED IN ADDITION TO COMPETITIVE SEALED BIDDING; AND TO AMEND ARTICLE 5, CHAPTER 35, TITLE 11, RELATING TO SOURCE SELECTION AND CONTRACT FORMATION PURSUANT TO THE CONSOLIDATED PROCUREMENT CODE, BY ADDING SECTION 11-35-1529, SO AS TO PROVIDE FOR COMPETITIVE ON-LINE BIDDING IN ADDITION TO OTHER METHODS OF SOURCE SELECTION PERMITTED IN ADDITION TO COMPETITIVE SEALED BIDDING PURSUANT TO THE CONSOLIDATED PROCUREMENT CODE.
(R467, H. 4776 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1999-00.
(R468, H. 4849 (Word version)) -- Rep. Askins: AN ACT TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING CHAPTER 49 SO AS TO ENACT THE "FIREFIGHTER MOBILIZATION ACT OF 2000", INCLUDING PROVISIONS ESTABLISHING THE SOUTH CAROLINA FIREFIGHTER MOBILIZATION OVERSIGHT COMMITTEE AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES INCLUDING, AMONG OTHER THINGS, ESTABLISHING THE FIREFIGHTER MOBILIZATION PLAN AND APPOINTING STATE AND REGIONAL COORDINATORS TO IMPLEMENT THE PLAN; TO AMEND SECTION 23-6-50, AS AMENDED, RELATING TO ANNUAL AUDITS AND CARRY FORWARD FUNDS OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO AUTHORIZE THE DEPARTMENT TO CARRY FORWARD AND EXPEND MOTOR CARRIER REGISTRATION FEES FOR FISCAL YEARS 1996-97 THROUGH 1999-2000; AND TO AMEND SECTION 23-10-10, AS AMENDED, RELATING TO THE MEMBERSHIP OF THE SOUTH CAROLINA FIRE ACADEMY ADVISORY COMMITTEE, SO AS TO ADD A MEMBER FROM THE SOUTH CAROLINA FIRE AND LIFE SAFETY EDUCATION ASSOCIATION.
(R469, H. 4856 (Word version)) -- Reps. Robinson, Koon, Allison, Barfield, H. Brown, Davenport, Easterday, Edge, Gamble, Gilham, Hamilton, Harrell, Harvin, Frye, Law, Littlejohn, Martin, Rice, Riser, Rodgers, Stille, Stuart, Taylor, Walker, Witherspoon, Leach and Loftis: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY TO IMPOSE A SALES AND USE TAX TO EXEMPT PRIVATE PASSENGER MOTOR VEHICLES, MOTORCYCLES, GENERAL AVIATION AIRCRAFT, BOATS, AND BOAT MOTORS FROM PROPERTY TAX LEVIED IN THE COUNTY AND TO ALLOW THIS EXEMPTION ONLY PURSUANT TO A REFERENDUM HELD IN THE COUNTY IN THE MANNER THAT THE GENERAL ASSEMBLY PROVIDES BY LAW.
(R470, H. 4864 (Word version)) -- Reps. Witherspoon and Barfield: AN ACT TO AMEND SECTION 50-5-1515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING SHAD BY HOOK AND LINE AND TO SET LIMITS ON THE NUMBER OF SHAD TAKEN, SO AS TO MAKE THE SECTION APPLICABLE TO TAKING SHAD BY CAST NET EXCEPT AS PROVIDED IN THIS SECTION AND TO REDUCE THE AGGREGATE NUMBER OF SHAD TAKEN FROM TWENTY TO TEN IN ANY ONE DAY, AND TO PROVIDE THAT A PERSON TAKING OR ATTEMPTING TO TAKE SHAD BY HOOK AND LINE INCLUDING ROD AND REEL IN THE SANTEE RIVER MAY TAKE OR POSSESS NO MORE THAN AN AGGREGATE OF TWENTY AMERICAN AND HICKORY SHAD IN ANY ONE DAY; AND TO AMEND SECTION 50-13-236, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS FROM LAKE MURRAY, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY ESTABLISH THE DAILY CREEL LIMITS AND SIZE LIMITS ON LAKE MURRAY AND ON ALL WATERS OF THE SALUDA RIVER LYING BETWEEN THE LAKE GREENWOOD DAM (BUZZARD'S ROOST DAM) AND LAKE MURRAY FOR STRIPED BASS (ROCKFISH) AND BLACK BASS BY REGULATIONS PROMULGATED AND ADOPTED IN ACCORDANCE WITH ARTICLE 1, CHAPTER 23 OF TITLE 1, TO PROVIDE THAT NO CREEL OR SIZE LIMITS MAY BE SET BY EMERGENCY REGULATIONS, TO PROVIDE THAT A PERSON TAKING STRIPED BASS OR BLACK BASS EXCEEDING THE LIMITS SET BY THE DEPARTMENT IS GUILTY OF A MISDEMEANOR AND, UPON CONVICTION, MUST BE PUNISHED AS PROVIDED IN SECTION 50-13-285, AND TO PROVIDE THAT THE SIZE LIMIT ON STRIPED BASS (ROCKFISH) TAKEN FROM LAKE MURRAY IS NOT IN EFFECT DURING THE MONTHS OF JUNE, JULY, AND AUGUST.
(R471, H. 4934 (Word version)) -- Rep. Kelley: AN ACT TO AMEND SECTION 37-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS USED IN THE "STATE CONTINUING CARE RETIREMENT COMMUNITY ACT", SO AS TO REVISE THE DEFINITION OF "CONTINUING CARE CONTRACT" SUCH THAT ONLY THOSE COMMUNITIES THAT REQUIRE THE PAYMENT OF AN ENTRANCE FEE OR OTHER FEE IN RETURN FOR A PROMISE OF FUTURE CARE ARE SUBJECT TO THE PROVISIONS OF THE ACT; TO AMEND SECTION 37-11-135, RELATING TO EXEMPTIONS FROM CERTAIN PROVISIONS OF THE ACT, SO AS TO EXEMPT CONTINUING CARE RETIREMENT COMMUNITIES FROM ALL PROVISIONS OF THE ACT IF PAYMENT OF AN ENTRANCE FEE IS NOT REQUIRED; AND TO ADD SECTION 37-17-10 SO AS TO MAKE IT UNLAWFUL TO SELL, MARKET, PROMOTE, ADVERTISE, OR DISTRIBUTE A CARD OR OTHER DEVICE WHICH IS NOT INSURANCE BUT WHICH OFFERS DISCOUNTS ON PRESCRIPTION DRUG PURCHASES UNLESS CERTAIN CONDITIONS ARE MET, INCLUDING REGISTRATION WITH THE DEPARTMENT OF INSURANCE AND TO PROVIDE PENALTIES AND EXCEPTIONS.
(R472, H. 4972 (Word version)) -- Rep. D. Smith: AN ACT TO AMEND ACT 856 OF 1964, AS AMENDED, RELATING TO THE WHITNEY AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE AMOUNT OF FUNDS WHICH MAY BE BORROWED BY THE DISTRICT BOARD FROM ONE HUNDRED TO FIVE HUNDRED THOUSAND DOLLARS.
(R473, H. 5096 (Word version)) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FAIR HEARINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2512, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The Senate returned to the House with concurrence the following:
H. 5171 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION CONGRATULATING AND COMMENDING THE CITY OF ANDERSON FOR RECEIVING THE ALL-AMERICA CITY AWARD FOR ITS COMMITMENT TO INITIATING COMMUNITY-DRIVEN PROJECTS THAT ENHANCE THE LIVES OF ITS CITIZENS.
H. 5183 (Word version) -- Reps. Townsend, Allen, Cooper, Maddox, Martin and Stille: A CONCURRENT RESOLUTION CONGRATULATING AND COMMENDING THE COMMUNITY OF ANDERSON FOR RECEIVING THE ALL-AMERICA CITY AWARD FOR ITS COMMITMENT TO INITIATING COMMUNITY-DRIVEN PROJECTS THAT ENHANCE THE LIVES OF ITS CITIZENS.
At 6:15 p.m. the House, in accordance with the motion of Rep. ROBINSON, adjourned Sine Die in memory of Richard Marvin Garrett.
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