Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rep. HARRISON as follows:
We thank You, Lord God, for this new day and its beauty, for work to do and strength with which to do it. Grant to us that in this forum of democracy we may lift high the banner of freedom and carry it with courage and strength. May Your perfect Word lodge deep in our minds and guide our actions. Give us pure hearts to see You, stout hearts to bear the burdens of others, hearts that beat in unison with You that we may carry forward Your divine intentions. Grant to us at evening the deep contentment of work completed and duty done in service to our God and to our fellowmen. 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 Thursday, June 7, the SPEAKER ordered it confirmed.
The following was received:
Executive Order No. 2001-15
Whereas, in its 2001 regular session, the General Assembly of the State of South Carolina failed to pass a General Appropriation Act to provide for the continued operation of state government for the 2001-2002 fiscal year; and
Whereas, the citizens of the State of South Carolina depend on the continued operation of state government for education, health care, public safety and other important governmental services; and
Whereas, the absence of a budget for the upcoming fiscal year is a matter requiring immediate action; and
Whereas, Article IV, Section 19 of the South Carolina Constitution states in pertinent part that: "The Governor may on extraordinary occasions convene the General Assembly in extra session[;]" and
Whereas, being mindful of the duties and responsibilities placed on me by the Constitution and laws of this Sate, and in determining that there exists an extraordinary occasion requiring me to convene the General Assembly in extra session prior to the next regular session of the General Assembly.
Now, therefore, pursuant to the powers conferred upon me by the Constitution and Statutes of the State of South Carolina, and by the power vested in me by Article IV, Section 19 of the Constitution of the State of South Carolina, I hereby call an extra session of the General Assembly of South Carolina to convene at the State House in Columbia on Wednesday, June 20, 2001, at noon.
GIVEN UNDER MY HAND AND THE GREAT SEAL OF THE STATE OF SOUTH CAROLINA, THIS 19TH DAY OF JUNE, 2001.
Jim Hodges
Governor
Attest:
James M. Miles
Secretary of State
Rep. J. YOUNG moved that when the House adjourns, it adjourn in memory of Esther Boney Shaw of Sumter County, which was agreed to.
The House stood in silent prayer for Lexington County firefighter Jeff Chavis who was severely burned in the line of duty.
Rep. SANDIFER moved that when the House adjourns it adjourn to meet at 10:00 a.m. tomorrow, which was agreed to.
We, the undersigned members of the House Democratic Caucus, wish to state for the record that we had no role in the creation, printing, or distribution of the document that is referred to as the "Men's Caucus" memorandum.
We wish to further express our belief that this action was inappropriate and unacceptable.
We call on the author(s) of this memo to step forward and take responsibility for their actions that have besmirched the reputation of the House of Representatives.
Vida Miller John L. Scott, Jr.
James S. Smith, Jr. Jesse E. Hines
Joel Lourie James M. Neal
Jimmy C. Bales Joseph H. Neal
Thomas N. Rhoad Grady A. Brown
Harry Ott Amos L. Gourdine
Marion P. Carnell Jackie E. Hayes
Donny Wilder Mary Beth Freeman
Jerry N. Govan, Jr. Joe E. Brown
Anne Parks Walton J. McLeod
Fletcher N. Smith, Jr. Douglas Jennings, Jr.
F. Greg Delleney, Jr. James A. Battle, Jr.
Olin R. Phillips Mack T. Hines
Bessie Moody-Lawrence David J. Mack III
Herb Kirsh J. Seth Whipper
Eldridge Emory Leon Howard
Walter P. Lloyd Bill Clyburn
Mickey Whatley Harry Askins
Thayer Rivers J. David Weeks
Kenneth Kennedy Lonnie Hosey
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4292 (Word version) -- Rep. Altman: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III, OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE MAY TOGETHER CALL THE GENERAL ASSEMBLY BACK INTO SESSION AFTER THE MANDATORY SINE DIE ADJOURNMENT DATE IN ANY YEAR FOR A PERIOD NOT TO EXCEED THIRTY CALENDAR DAYS WHERE IN THEIR OPINION THE NECESSITIES OF GOVERNMENT REQUIRE IT.
Referred to Committee on Judiciary
S. 376 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 12-6-3385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REFUNDABLE STATE INDIVIDUAL INCOME TAX CREDITS FOR TUITION EXPENDITURES PAID TO INSTITUTIONS OF HIGHER LEARNING IN THIS STATE BY STUDENTS WHO DO NOT RECEIVE A LIFE OR PALMETTO FELLOWS SCHOLARSHIP AND WHO MEET DESIGNATED CRITERIA, SO AS TO PROVIDE THAT THE STUDENT AS AN ADDITIONAL QUALIFICATION MAY HAVE ATTENDED AT LEAST THREE OF HIS FINAL FOUR YEARS OF HIGH SCHOOL WITHIN THIS STATE.
Referred to Committee on Ways and Means
S. 558 (Word version) -- Senators Matthews, Patterson, Hutto, Saleeby, Land, O'Dell, Jackson, Ford, Glover, Anderson, Drummond, McGill, Passailaigue, Pinckney and Giese: A BILL TO AMEND ARTICLE 25, CHAPTER 6, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX CREDITS, BY ADDING SECTION 12-6-3540 SO AS TO PROVIDE STATE INCOME, BANK, OR PREMIUM TAX CREDITS FOR DONATIONS TO FOUR-YEAR COLLEGES AND UNIVERSITIES WHERE LOW INCOME STUDENTS COMPRISE SIXTY PERCENT OR MORE OF THE TOTAL STUDENT POPULATION AND TO DEFINE "LOW INCOME STUDENT".
Referred to Committee on Ways and Means
The following was introduced:
H. 4293 (Word version) -- Reps. Wilkins, W. D. Smith, J. Brown, Cato, Harrell, Harrison, Sharpe and Townsend: A CONCURRENT RESOLUTION ESTABLISHING THE TERMS AND CONDITIONS UNDER WHICH THE GENERAL ASSEMBLY SHALL CONTINUE IN SESSION AFTER ADJOURNMENT OF THE EXTRA SESSION WHICH BEGINS AT 12:00 NOON ON WEDNESDAY, JUNE 20, 2001, AND PROVIDE FOR THE TIME OF ADJOURNMENT OF THE EXTRA SESSION, SINE DIE.
Five members objecting to immediate consideration the Resolution was ordered referred to the Committee on Rules.
The following was introduced:
H. 4294 (Word version) -- Reps. G. M. Smith, J. Young, Weeks, G. Brown, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon and A. Young: A HOUSE RESOLUTION TO CONGRATULATE AND RECOGNIZE THE MANY ACCOMPLISHMENTS OF HAROLD JOHNSON UPON HIS RETIREMENT AS POLICE CHIEF FOR THE CITY OF SUMTER.
The Resolution was adopted.
The following was introduced:
H. 4295 (Word version) -- Reps. Harvin, Barfield, Edge, Kelley and Witherspoon: A HOUSE RESOLUTION TO COMMEND AND THANK PROVOST AND VICE PRESIDENT FOR ACADEMIC AFFAIRS JOHN IDOUX OF COASTAL CAROLINA UNIVERSITY FOR HIS LEADERSHIP AND OUTSTANDING SERVICE TO COASTAL CAROLINA UNIVERSITY AND THE STATE OF SOUTH CAROLINA OVER MANY YEARS, AND WISH HIM EVERY SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 4296 (Word version) -- Reps. Hosey, Bales, Breeland, J. Brown, Clyburn, Howard, Kennedy, Moody-Lawrence, Rhoad and Scott: A HOUSE RESOLUTION TO WELCOME THE AMBASSADOR TO THE UNITED STATES FROM THE REPUBLIC OF NIGER, AFRICA, HIS EXCELLENCY JOSEPH DIATTA, TO THE STATE OF SOUTH CAROLINA AND ALLENDALE COUNTY AS HE AND HIS DISTINGUISHED WIFE, THE HONORABLE HAUOA DIATTA, VISIT THE COUNTY ON JUNE 22 AND 23, 2001, FOR THE PURPOSE OF ESTABLISHING CULTURAL TIES AND BETTER UNDERSTANDING BETWEEN THE PEOPLE OF ALLENDALE AND THE PEOPLE OF THE WEST AFRICAN REPUBLIC OF NIGER.
The Resolution was adopted.
The following was introduced:
H. 4297 (Word version) -- Reps. Hosey, Bales, Breeland, J. Brown, Clyburn, Howard, Kennedy, Moody-Lawrence, Rhoad and Scott: A HOUSE RESOLUTION TO WELCOME THE HONORABLE HAUOA DIATTA, DISTINGUISHED AUTHOR AND WIFE OF HIS EXCELLENCY JOSEPH DIATTA, THE AMBASSADOR TO THE UNITED STATES FROM THE REPUBLIC OF NIGER, AS SHE AND HIS EXCELLENCY VISIT THE STATE OF SOUTH CAROLINA AND ALLENDALE COUNTY FOR THE PURPOSE OF ESTABLISHING CULTURAL TIES AND BETTER UNDERSTANDING BETWEEN THE PEOPLE OF ALLENDALE AND THE PEOPLE OF THE WEST AFRICAN REPUBLIC OF NIGER.
The Resolution was adopted.
The following was introduced:
H. 4298 (Word version) -- Reps. G. M. Smith, J. Young, Weeks, G. Brown, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon and A. Young: A CONCURRENT RESOLUTION RECOGNIZING TUOMEY REGIONAL MEDICAL CENTER IN SUMTER FOR RECEIVING AN EXCEPTIONALLY HIGH ACCREDITATION RATING FROM THE JOINT COMMISSION ON ACCREDITATION OF HEALTHCARE ORGANIZATIONS AND EXPRESSING SINCERE APPRECIATION TO THE STAFF AND ADMINISTRATION FOR THEIR SUPERB PERFORMANCE AND ONGOING SUPERIOR PATIENT CARE.
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:
Allison Altman Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, J. Brown, R. Campsen Carnell Cato Chellis Clyburn Coates Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.M. Ott Owens Parks Phillips Quinn Rhoad Rice Riser Rivers Robinson Rodgers Sandifer Scarborough Scott Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stuart Talley Taylor Thompson Tripp Trotter Vaughn Walker Webb Weeks Whatley White Wilder Wilkins Witherspoon Young, A. Young, J.
I came in after the roll call and was present for the Session on Wednesday, June 20.
Karl Allen Harry Askins Bill Cotty Jackie Hayes Joseph Neal Skipper Perry Todd Rutherford Fletcher Smith Jackson Whipper Harry Stille David Mack Ronald Townsend
LEAVE OF ABSENCE
The SPEAKER granted Rep. NEILSON a leave of absence due to a car accident.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4142 (Word version)
Date: ADD:
06/20/01 LOURIE
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:
S. 729 (Word version) -- Senators Matthews and Hutto: A BILL TO AMEND SECTION 7-7-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ORANGEBURG COUNTY, SO AS TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD, REDESIGNATE CERTAIN PRECINCTS, AND PROVIDE FOR THE APPROVAL OF POLLING PLACES BY THE ORANGEBURG COUNTY LEGISLATIVE DELEGATION.
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 4272 (Word version) -- Rep. Edge: A BILL TO AMEND SECTION 7-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN HORRY COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED.
Rep. J. R. SMITH moved to adjourn debate upon the following Bill until Thursday, June 21, which was adopted:
S. 718 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 4-29-67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF PROPERTY TAX ALLOWED CERTAIN DEVELOPMENT PROJECTS, SO AS TO PROVIDE ADDITIONAL TIME FOR THE REQUIRED NEW INVESTMENT THRESHOLDS TO BE MET IN THE CASE OF A BUSINESS ELIGIBLE FOR THE FOUR PERCENT ASSESSMENT RATIO IN THE FEE AGREEMENT.
The Veto on the following Act was taken up:
H. 4775 (R466)-WAYS AND MEANS COMMITTEE: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING, JULY 1, 2000. (abbreviated title)
Rep. HARRELL moved to adjourn debate on the Veto until Tuesday, January 8, 2002, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
H. 3777 (Word version) -- Rep. Robinson: A BILL TO AMEND CHAPTER 10, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENTERPRISE ZONE ACT, BY ADDING SECTION 12-10-95 SO AS TO PROVIDE FOR A WITHHOLDING CREDIT FOR RETRAINING OF A PRODUCTION OR TECHNOLOGY EMPLOYEE; TO AMEND SECTION 12-2-25, RELATING TO TREATMENT OF A SINGLE-MEMBER LIABILITY COMPANY AND A GRANTOR TRUST FOR PURPOSES OF SOUTH CAROLINA INCOME TAX, SO AS TO INCLUDE A "QUALIFIED SUBCHAPTER 'S' SUBSIDIARY" AS AN ENTITY THAT IS NOT REGARDED SEPARATELY FROM ITS OWNER OR GRANTOR; TO AMEND SECTIONS 12-6-40, AS AMENDED, AND 12-6-50, BOTH RELATING TO APPLICATION AND ADOPTION OF THE FEDERAL INTERNAL REVENUE CODE TO STATE TAX LAWS, SO AS TO CLARIFY THE MEANINGS OF CERTAIN TERMS IN THE APPLICATION OF THE PROVISIONS AND TO EXCLUDE ADDITIONAL PROVISIONS CONCERNING THE TAXATION OF FOREIGN INCOME; TO AMEND SECTION 12-6-2210, RELATING TO MEASUREMENT OF THE ENTIRE NET INCOME OF A TAXPAYER, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-6-3330, RELATING TO THE DEFINITION OF "SOUTH CAROLINA EARNED INCOME" FOR PURPOSES OF THE TWO WAGE EARNER CREDIT, SO AS TO REFINE CITATIONS TO THE INTERNAL REVENUE CODE; TO AMEND SECTION 12-6-3410, RELATING TO DEFINITIONS FOR PURPOSES OF THE CORPORATE INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO INCLUDE INFORMATION TECHNOLOGY AS A HEADQUARTERS-RELATED FUNCTION; TO AMEND SECTION 12-6-3500, RELATING TO RETIREMENT PLAN TAX CREDITS, SO AS TO DETERMINE THE TAXPAYER'S LIFE EXPECTANCY FROM THE TIME HE FIRST CLAIMS THE RETIREMENT INCOME DEDUCTION; TO AMEND SECTION 12-6-3520, RELATING TO INCOME TAX CREDIT FOR HABITAT CONSTRUCTION, MAINTENANCE, AND MANAGEMENT, SO AS TO MAKE A TECHNICAL CLARIFICATION BY CROSS-REFERENCING SPECIFIC SECTIONS IMPOSING TAX LIABILITY AND TO ALLOW THE CREDIT TO A MEMBER OF A LIMITED LIABILITY COMPANY TAXED AS A PARTNERSHIP; TO AMEND SECTIONS 12-10-30, 12-10-50, 12-10-80, AND 12-10-81, ALL AS AMENDED AND ALL RELATING TO THE ENTERPRISE ZONE ACT, SO AS TO CONFORM ITS PROVISIONS TO INCLUDE A JOB DEVELOPMENT CREDIT FOR THE TRAINING OR RETRAINING OF AN INFORMATION TECHNOLOGY EMPLOYEE, TO INCLUDE TECHNOLOGY INTENSIVE FACILITIES AS QUALIFYING BUSINESSES, TO ADJUST THE HOURLY WAGE RANGES FOR DETERMINING THE JOB CREDIT PERCENTAGE, TO PROVIDE FOR PENALTIES FOR FAILURE TO TIMELY PAY TAXES, TO PROVIDE FOR INDEPENDENT CERTIFICATIONS OF SATISFACTION OF REQUIREMENTS, AND TO EFFECT TECHNICAL CHANGES; TO AMEND SECTION 12-13-20, RELATING TO THE DEFINITION OF "NET INCOME" FOR PURPOSES OF INCOME TAX PAYABLE BY A BUILDING AND LOAN ASSOCIATION, SO AS TO UPDATE CROSS-REFERENCES; TO AMEND SECTION 12-13-60, RELATING TO THE APPLICABILITY AND ADOPTION OF APPROPRIATE ENFORCEMENT AND ADMINISTRATION PROVISIONS OF TAX LAW TO TAXATION OF BUILDING AND LOAN ASSOCIATIONS, SO AS TO UPDATE CROSS-REFERENCES AND MAKE OTHER TECHNICAL CHANGES; TO AMEND SECTION 12-20-90, RELATING TO THE CORPORATION LICENSE FEE FOR A HOLDING COMPANY, SO AS TO INSERT "INSURER" IN DISTINGUISHING BETWEEN THE HOLDING COMPANY AND THE SUBSIDIARY FOR PURPOSES OF CALCULATING THE AMOUNT OF THE FEE; TO AMEND SECTION 12-20-110, RELATING TO INAPPLICABILITY OF THE PROVISIONS FOR CORPORATION LICENSE FEES TO CERTAIN ORGANIZATIONS, COMPANIES, AND ASSOCIATIONS, SO AS TO MAKE THE PROVISIONS INAPPLICABLE TO A HOMEOWNERS' ASSOCIATION AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-28-530, RELATING TO INCREASE IN TAX RATES ON MOTOR FUEL, SO AS TO INCLUDE MOTOR FUEL HELD IN REGISTERED AND NONREGISTERED TANKS; TO AMEND SECTION 12-28-985, RELATING TO FLOORSTOCKS TAX REPORT AND PAYMENT, SO AS TO PROVIDE FOR THE DEPARTMENT TO DETERMINE THE DUE DATE; TO AMEND SECTION 12-28-1135, RELATING TO THE FUEL VENDOR LICENSE AND FEE, SO AS TO REQUIRE THE PURCHASER FROM A TERMINAL SUPPLIER TO BE LICENSED; TO AMEND SECTION 12-28-1730, RELATING TO MONTHLY REPORTS FROM FUEL TRANSPORTERS, SO AS TO IMPOSE A CIVIL PENALTY FOR FAILURE TO INCLUDE CERTAIN INFORMATION; TO AMEND SECTION 12-36-90, RELATING TO DEFINITIONS OF "GROSS PROCEEDS OF SALE" FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO CHANGE THE TAX PAID ON AN UNCOLLECTIBLE DEBT TO A DEDUCTION INSTEAD OF A CREDIT; TO AMEND SECTION 12-36-130, AS AMENDED, RELATING TO DEFINITION OF "SALES PRICE" FOR SALES TAX PURPOSES, SO AS TO EXCLUDE AN AMOUNT ACTUALLY CHARGED OFF AS UNCOLLECTIBLE; TO AMEND SECTION 12-36-910, RELATING TO IMPOSITION OF THE SALES TAX, SO AS TO REQUIRE THE SOURCING OF MOBILE TELECOMMUNICATIONS SERVICES CHARGES SUBJECT TO THE SALES TAX; TO AMEND SECTION 12-36-940, RELATING TO AMOUNTS ADDED TO THE SALES PRICE AS A RESULT OF THE STATE SALES TAX, SO AS TO CLARIFY THE RANGE OF SUMS AND TO PROVIDE FOR THE AMOUNTS WHICH MAY BE ADDED TO THE SALES PRICE FOR PURPOSES OF THE STATE SALES TAX ON ACCOMMODATIONS AND COMBINED STATE SALES TAX AND LOCAL TAX FOR COUNTIES IMPOSING A LOCAL TAX; TO AMEND SECTION 12-36-1310, RELATING TO IMPOSITION OF THE USE TAX, SO AS TO REQUIRE THE SOURCING OF MOBILE TELECOMMUNICATIONS SERVICES WITH CHARGES SUBJECT TO THE USE TAX; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM AD VALOREM TAXATION, SO AS TO INCLUDE A CROSS REFERENCE; TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY FOR PURPOSES OF ASSESSMENT OF TAXES, SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE DESIGNATE THE BOOK OF VEHICLE VALUATIONS FOR PURPOSES OF ESTABLISHING THE VALUATIONS, TO REDUCE THE MAXIMUM VALUATION FROM NINETY-FIVE PERCENT TO EIGHTY-FIVE PERCENT OF THE SUGGESTED RETAIL PRICE OF A NEW VEHICLE, WATERCRAFT, OR PERSONAL AIRCRAFT, AND TO REQUIRE A TEN PERCENT REDUCTION OF THE PREVIOUS YEAR'S VALUE IN SUBSEQUENT YEARS; TO AMEND SECTION 12-37-2640, RELATING TO DETERMINATION OF THE ASSESSED VALUE OF A MOTOR VEHICLE BY THE COUNTY AUDITOR, SO AS TO REQUIRE THE USE OF THE NATIONALLY RECOGNIZED PUBLICATION OF VEHICLE VALUATIONS AS DESIGNATED BY THE DEPARTMENT, TO PROVIDE A LIMITED ALTERNATIVE, AND TO ESTABLISH A MINIMUM AND MAXIMUM ASSESSED VALUE FOR A MOTORCYCLE BASED ON ITS MODEL YEAR; TO AMEND SECTION 12-37-2680, RELATING TO THE TIME FOR DETERMINATION OF THE ASSESSED VALUE OF A VEHICLE, SO AS TO DELETE THE REQUIREMENT THAT THE DEPARTMENT PUBLISH A VEHICLE VALUATION GUIDE; TO AMEND SECTION 12-54-43, AS AMENDED, RELATING TO CIVIL PENALTIES APPLICABLE TO TAX AND REVENUE LAW, AND SECTION 12-54-44, RELATING TO CRIMINAL PENALTIES APPLICABLE TO TAX AND REVENUE LAW, SO AS TO DELETE THE CRIMINAL PENALTY FOR FAILURE TO DEPOSIT OR PAY TAXES DEDUCTED AND WITHHELD FOR PAYMENT AND TO PROVIDE A CIVIL PENALTY; TO AMEND CHAPTER 54, TITLE 12, RELATING TO COLLECTION AND ENFORCEMENT OF TAXATION, BY ADDING SECTION 12-54-195 SO AS TO PROVIDE FOR A PENALTY ASSESSED AGAINST A PERSON WHO IS RESPONSIBLE FOR REMITTING, BUT FAILS TO REMIT, SALES TAX TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-54-85, AS AMENDED, RELATING TO TIME LIMITATIONS AND EXCEPTIONS FOR ASSESSMENT OF TAXES AND FEES, SO AS TO PROVIDE FOR SUSPENSION OF THE RUNNING OF THE STATUTE OF LIMITATIONS WHILE AN INDIVIDUAL TAXPAYER IS CONSIDERED "FINANCIALLY DISABLED" AND TO DEFINE THAT TERM; TO AMEND SECTION 12-54-200, RELATING TO THE REQUIREMENT OF A BOND TO SECURE PAYMENT OF TAXES, SO AS TO PROVIDE THE ALTERNATIVE AND ADDITIONAL SECURITY OF DEPOSIT AND MAINTENANCE OF TAXES DUE IN A SEPARATE ACCOUNT, TO DELETE THE REQUIREMENT OF NOTICE BY CERTIFIED MAIL, AND TO PROVIDE THAT NONCOMPLIANCE IS A MISDEMEANOR TRIABLE IN MAGISTRATES COURT; TO AMEND SECTION 12-54-227, AS AMENDED, RELATING TO OUT-OF-STATE COLLECTIONS, SO AS TO DELETE THE REQUIREMENT OF NOTICE BY CERTIFIED MAIL; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO PROHIBITION OF DISCLOSURE OF RECORDS AND REPORTS AND RETURNS FILED WITH THE DEPARTMENT, SO AS TO ALLOW AN EXCEPTION FOR DISCLOSURE OF A DEFICIENCY ASSESSMENT TO AN ATTORNEY CONDUCTING A CLOSING; TO AMEND SECTION 12-56-120, RELATING TO APPEALS FROM THE SETOFF DEBT COLLECTION ACT, SO AS TO PROVIDE THAT THE DEPARTMENT AND THE INTERNAL REVENUE SERVICE ARE EXEMPT AND ARE SUBJECT EXCLUSIVELY TO OTHER APPEAL PROCEDURES; TO AMEND SECTION 12-58-185, RELATING TO EXTENSIONS OF PAYMENT PERIODS, SO AS TO DELETE PRESCRIBED EXTENSION PERIODS; TO AMEND SECTION 12-60-90, RELATING TO THE ADMINISTRATIVE TAX PROCESS FOR PURPOSES OF THE REVENUE PROCEDURES ACT, SO AS TO UPDATE CITATIONS TO THE INTERNAL REVENUE CODE; TO AMEND SECTION 4-37-30, AS AMENDED, RELATING TO SALES AND USE TAXES OR TOLLS AS REVENUE FOR TRANSPORTATION FACILITIES, SO AS TO CLARIFY "MISALLOCATIONS" FOR PURPOSES OF ADJUSTING LATER DISTRIBUTIONS; AND TO AMEND ACT 588 OF 1994, RELATING TO THE CHEROKEE COUNTY SCHOOL DISTRICT 1 SCHOOL BOND-PROPERTY TAX RELIEF ACT AND ACT 441 OF 2000, RELATING TO THE CHESTERFIELD COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT, BOTH SO AS TO CLARIFY THE METHOD AND TIMING OF THE CORRECTION OF MISALLOCATION OF SALES TAX REVENUES BY THE STATE TREASURER AND TO PROVIDE FOR THE DISTRIBUTION OF SALES TAX REVENUES UNDER THE ACT WHEN THE DEPARTMENT OF REVENUE IS UNABLE TO IDENTIFY THE SOURCE OF THE REVENUES.
Rep. J. R. SMITH proposed the following Amendment No. 2A (Doc Name COUNCIL\DKA\AMEND\4566MM01), which was adopted:
Amend the bill, as and if amended, beginning on page 41, by deleting SECTION 48 in its entirety.
Amend further, SECTION 72, page 75, by deleting beginning on line 28:
/ Notwithstanding the general effective date provided in this act, subsections A, B, and C of SECTION 48 take effect July 1, 2001. Subsection D of SECTION 48 takes effect August 15, 2001. /
Renumber sections to conform.
Amend title to conform.
Rep. J. R. SMITH explained the amendment.
The amendment was then adopted.
Rep. J. R. SMITH proposed the following Amendment No. 3A (Doc Name COUNCIL\DKA\AMEND\4565MM01), which was adopted:
Amend the bill, as and if amended, page 71, beginning on line 20, by deleting SECTION 67 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. J. R. SMITH explained the amendment.
The amendment was then adopted.
Rep. J. R. SMITH proposed the following Amendment No. 4A (Doc Name COUNCIL\DKA\AMEND\4567MM01), which was adopted:
Amend the bill, as and if amended, Section 12-36-1310(B)(3), SECTION 25, page 30, line 16, by deleting /. Charges/ and inserting:
/ , provided that gross proceeds from the sale of prepaid wireless calling arrangements subject to tax at retail pursuant to item (5) must not be subject to tax pursuant to this item. Effective for bills rendered on or after August 1, 2002, charges /.
Amend further by adding an appropriately numbered SECTION to read:
/ SECTION __. A. Section 12-36-1310(B) of the 1976 Code is amended by adding:
"(5) gross proceeds accruing or proceeding from the sale for recharge at retail for prepaid wireless calling arrangements."
(a) 'Prepaid wireless calling arrangements' means communication services that:
(i) are used exclusively to purchase wireless telecommunications;
(ii) are purchased in advance;
(iii) allow the purchaser to originate telephone calls by using an access number, authorization code, or other means entered manually or electronically; and
(iv) are sold in units or dollars which decline with use in a known amount.
(b) All charges for prepaid wireless calling arrangements must be sourced to the:
(i) location in this State where the over-the-counter sale took place;
(ii) shipping address if the sale did not take place at the seller's location and an item is shipped; or
(iii) either the billing address or location associated with the mobile telephone number if the sale did not take place at the seller's location and no item is shipped."
B. This section takes effect on the first day of the second month following approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. J. R. SMITH explained the amendment.
The amendment was then adopted.
Rep. J. R. SMITH proposed the following Amendment No. 6A (Doc Name COUNCIL\DKA\AMEND\4569MM01), which was adopted:
Amend the bill, as and if amended, Section 4-19-10(11), SECTION 56D., page 48, line 34, by deleting / 4-12-30 / and inserting / 4-29-67(D)(4)(a)(iii) or (v) /.
Amend further, Section 4-29-67(D)(4)(a)(v), SECTION 56E., page 54, line 40, by deleting / investments totaling / and inserting:
/ an investor and an investor affiliate that, when combined, are investing /.
Renumber sections to conform.
Amend title to conform.
Rep. J. R. SMITH explained the amendment.
The amendment was then adopted.
Rep. J. R. SMITH proposed the following Amendment No. 7A (Doc Name COUNCIL\DKA\AMEND\4568MM01), which was adopted:
Amend the bill, as and if amended, Sections 4-12-30(D)(4)(a) as contained in subsection A., 4-29-67(D)(4)(a) as contained in subsection B., and 12-44-30(8), as contained in subsection C., SECTION 68, page 72, on lines 6, 17, and 26, by deleting / an additional / and inserting / at least two hundred fifty million dollars which, when added to previous investments in this State, results in a total investment of / and by inserting after /dollars/ on lines 6, 17, and 26 / elsewhere /.
Renumber sections to conform.
Amend title to conform.
Rep. J. R. SMITH explained the amendment.
The amendment was then adopted.
Rep. ROBINSON proposed the following Amendment No. 5A (Doc Name COUNCIL\DKA\AMEND\4570MM01), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. A. Chapter 45, Title 12 of the 1976 Code is amended by adding:
"Section 12-45-65. For purposes of collection of taxes on a hotel, rooming house, apartment, or timeshare unit rented or leased as a furnished unit, the estate includes both the real estate and the personal property it contains. The real property tax notice on the estate must describe the real estate, including a tax map number, and the value of the taxable personal property it contains."
B. Section 12-49-40 of the 1976 Code is amended to read:
"Section 12-49-40. (A) All personal property subject to taxation shall be is liable to distress and sale for the payment of taxes, in the manner provided in this Title, and all real property returned delinquent by the county treasurer upon which the taxes shall are not be paid by distress or otherwise shall may be seized and sold as provided in this title. The distress and sale of personal property shall is not be a condition precedent to seizure and sale of any real property under this title.
(B) For purposes of collection and enforcement of taxes on a hotel, rooming house, apartment, or timeshare unit rented or leased as a furnished unit, the estate includes both the real estate and the personal property it contains. The estate may be seized and sold as undivided real property as provided in this title for the sale to collect delinquent taxes on real property."
C. Section 12-51-50 of the 1976 Code, as last amended by Act 399 of 2000, 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. 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 delinquent taxes, assessments, penalties, and costs, further items may not be sold; except that a hotel, rooming house, apartment, or timeshare unit rented or leased as a furnished unit is deemed to be both the real estate and the personal property it contains. It may be sold as undivided real property."
D. Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-805. As an alternative to the procedures described in Section 12-37-760, if the owner of a hotel, rooming house, apartment, or timeshare unit rented or leased as a furnished unit fails to list, in any one year, personal property required by law to be listed, the auditor may return a statement of the personal property with the value being that of twice the average value of the reported personal property contained within similar units in the county." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROBINSON explained the amendment.
The amendment was then adopted.
Rep. ROBINSON proposed the following Amendment No. 1A (Doc Name COUNCIL\BBM\AMEND\10482HTC01), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. A. Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) effective July 1, 2006, food items eligible for purchase with United States Department of Agriculture food coupons. The exemption allowed by this item does not extend to a local sales and use tax imposed pursuant to a referendum held before July 1, 2001, except where a local sales and use tax specifically exempts these items. The exemption allowed by this item applies to a local sales and use tax imposed pursuant to a referendum held after June 30, 2001. An amount of general fund revenue not derived from the state sales and use tax equal to the amount of state sales and use tax revenue not collected because of the exemption allowed by this item is deemed state sales and use tax revenue and must be used as provided in Section 59-21-1010(A) and (B), including the appropriate amount required to be credited to the Education Act Improvement Fund;"
B. Notwithstanding the rates 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 July 1, 2001, through June 30, 2003, three percent for such sales from July 1, 2003, through June 30, 2004, two percent for such sales from July 1, 2004, through June 30, 2005, and one percent for such sales from July 1, 2005, through June 30, 2006. An amount of general fund revenue not derived from the state sales and use tax equal to the state sales and use tax not collected because of the reduced state sales tax rate allowed by this section is deemed state sales and use tax revenue and must be used as provided in Section 59-21-1010(A) and (B) of the 1976 Code, including whatever amount is necessary to be credited to the Education Act Improvement Fund so that the total in that fund is not reduced by the reduced rates allowed by this section. Except where otherwise exempt, the local sales and use taxes authorized by law continue to apply to those sales subject to the reduced state rate of tax provided in this section, but such a tax imposed pursuant to a referendum held after June 30, 2001, does not apply to those sales subject to the reduced state rate of tax provided in this section.
C. Notwithstanding the general effective date of this act, this section takes effect July 1, 2001. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROBINSON explained the amendment.
Rep. SCOTT raised the Point of Order that Amendment No. 1A was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration:
H. 3900 (Word version) -- Reps. Vaughn, Kirsh, J. R. Smith, Koon, Dantzler, Davenport, Edge, Harvin, Keegan, Rivers and Bowers: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE SALES AND USE TAX, SO AS TO INCLUDE AN EXEMPTION FOR MEALS OR FOODSTUFFS THAT ARE PREPARED OR PACKAGED THAT ARE SOLD TO PUBLIC OR NONPROFIT ORGANIZATIONS FOR CONGREGATE OR IN-HOME SERVICE TO THE HOMELESS OR NEEDY OR DISABLED ADULTS OVER EIGHTEEN YEARS OF AGE OR INDIVIDUALS OVER THE AGE OF SIXTY AND TO APPLY THIS EXEMPTION ONLY TO MEALS AND FOODSTUFFS ELIGIBLE FOR PURCHASE UNDER THE FEDERAL FOOD STAMP PROGRAM.
Rep. VAUGHN proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\10495HTC01), which was adopted:
Amend the bill, as and if amended, by striking SECTIONS 3, 4, and 5 in their entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. VAUGHN 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.
Rep. HARRELL moved that the House recur to the Morning Hour, which was agreed to.
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3946 (Word version) -- Reps. Cooper, Townsend, White, Thompson, Martin and Stille: A BILL TO AMEND CHAPTER 36 OF TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 SO AS TO PROVIDE THAT THE MEMBERSHIP OF A NONPROFIT CORPORATION ORGANIZED UNDER THE PROVISIONS OF CHAPTER 36 MAY ELECT FOR THE CORPORATION TO BECOME A PUBLIC BODY POLITIC AND CORPORATE.
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. Act 1030 of 1964 was enacted to take advantage of federal funding available through the Farmer's Home Administration Act to provide for the growing need for utility and other services, especially in rural areas. Since that time, the availability of the funding has diminished, and federal and state funding are more often provided from additional sources. The General Assembly finds, under certain conditions, that the not-for-profit corporations organized under Act 1030 of 1964, for the purposes of providing water services, should be granted the right to elect to become public bodies politic and corporate for reasons including, but not limited to, the following:
(1) the opportunity to receive funding, loans, and grants from other sources such as the State Revolving Fund will be increased or enhanced;
(2) the right to participate in a joint municipal water system as authorized under Chapter 25, Title 6 of the 1976 Code will be afforded; and
(3) the cost of borrowing money for infrastructure construction and expansion will be lower and growth demands more economically met.
SECTION 2. Title 33, Chapter 36 of the 1976 Code is amended by adding:
Section 33-36-1310. (A) For the exclusive purposes of participating in a joint municipal water system as authorized under Chapter 25, Title 6, a nonprofit corporation incorporated for the purposes of providing water or water and sewer services, pursuant to the provisions of this chapter may elect, by resolution, to become a public service district, a public body politic and corporate:
(1) before January 1, 2002, upon a majority vote of its members constituting a quorum present at a duly called and noticed meeting; or
(2) on and after January 1, 2002, upon a majority vote of fifteen percent of its members present or by proxy at a duly called and noticed meeting.
(B) Notice of this meeting must be given by regular mail, addressed to the last known address of the member, and mailed not less than ten days prior to the meeting. The secretary of the corporation shall certify the date of mailing. The notice shall state the purpose, time, and place of the meeting.
(C) Upon a favorable vote, the chief executive officer of the corporation shall petition the Secretary of State to issue a new charter to convert and constitute the nonprofit corporation a public service district, a public body politic and corporate.
Section 33-36-1320. (A) The petition shall include:
(1) the name of the district;
(2) an attached copy of the resolution adopted, certified by the secretary of the corporation;
(3) the name of the current board of directors, their terms of office, and expiration dates;
(4) the desire to become a public body corporate and politic; and
(5) a word description and an attached map showing the present and existing boundaries of the service area.
(B) Upon receipt of the petition, the Secretary of State must verify the contents of the petition and their compliance with subsection (A). Upon verification, the Secretary of State must issue a new charter, referencing the petition, and designating the corporation as a public service district, a public body politic and corporate of the State.
Section 33-36-1330. (A) The existing board of directors and officers shall serve until the expiration of their present terms. Thereafter, and not less than forty-five days prior to any expiration of the term of a board member, the board of directors shall submit to the county legislative delegation the name or names of a person or persons recommended for appointment or reappointment. A letter of recommendation by the board stating why the name or names are recommended shall accompany the submission. The county legislative delegation shall consider the recommendation of the board but are not limited to make a selection for its own recommendation from among those submitted. Upon recommendation of the county legislative delegation, members of the board must be appointed by the Governor for a term of four years. A vacancy may be filled by the board, if the remaining term is less than two years; if more than two years, then in the usual manner for the unexpired term.
(B) The governing body of the district, by a resolution adopted by a two-thirds vote of all members of the governing body, may request that board members be elected in a nonpartisan general election. If adopted, a certified copy of the resolution and a map clearly setting out the lines of the boundaries of the district in the county or counties in which the district is situated must be presented to the county election commission prior to August first of a general election held in an even-numbered year for the election to be held at the general election in November of that year. The governing body must be elected from single-member election districts.
(C) Notice of the election must be published by the governing body of the district at least three times prior to the election, including (i) not less than sixty days prior to the date of the election, (ii) two weeks after the first date of publication, and (iii) a date not more than fifteen and not less than ten days before the date of the election. The notice must appear in a newspaper of general circulation within the district and contain at a minimum the following:
(1) the full name of the district and its governing body;
(2) the names, addresses, and telephone numbers of the members of the district's governing body;
(3) the existing means of appointment of members of the district's governing body;
(4) a brief description of the governmental services provided by the district;
(5) a map showing generally the boundaries of the district;
(6) a list of precincts and polling places in which ballots may be cast; and
(7) an explanation of the procedure to be followed for election of members of the district's governing body and state.
Section 33-36-1340. (A) On the first Tuesday following the first Monday in November in the year immediately following the year of the resolution, the voters shall elect commissioners for all seats on the district's governing body. Candidates must file a statement of intention of candidacy with the entity charged by law with conducting the election. Except for the initial election of commissioners as provided in subsection (B), all commissioners must be elected on an at-large basis for terms of four years with terms staggered so that a simple majority of the commissioners are elected in the next ensuing general election year, and the remaining commissioners are elected at the next following general election. The terms of office of commissioners whose seats are subject to contest in general election shall expire fourteen days following the general election.
(B) For the initial election of commissioners, all seats are considered vacant. From among the commissioners elected in the initial election, a simple majority thereof shall serve terms which expire fourteen days following the general election held two years after the initial election. Those commissioners entitled to serve the initial four-year terms are those commissioners equal in number to a simple majority of the membership who received the highest number of votes cast in the initial election. The remaining commissioners shall serve terms which expire fourteen days following the general election held the year following the initial election.
(C) The county election commission is charged with conducting and supervising the elections for commissioners in the manner governed by the election laws of this State, mutatis mutandis. Vacancies must be filled in the manner provided in Section 7-13-190.
Section 33-36-1350. The board shall annually elect its officers, a chairperson, vice chairperson, and a secretary and treasurer. The latter two offices may be combined.
Section 33-36-1360. (A) The newly converted district has all rights and powers of a public body politic and corporate of this State including, without limitations, all the rights and powers necessary or convenient to carry out and effectuate its purposes including, but not limited to, the following rights and powers to:
(1) have perpetual succession;
(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, use, and alter a corporate seal;
(4) maintain a principal office;
(5) adopt, change, amend, and repeal bylaws for the management and regulation of its affairs;
(6) receive, administer, and comply with the conditions and requirements respecting any gift, grant, or donation of any property or money;
(7) purchase, build, construct, maintain, rent, lease, and operate ditches, tunnels, culverts, flumes, conduits, mains, pipes, trunk and collection lines, dykes, dams, reservoirs, water and wastewater treatment facilities, and any adjunct facility or facilities for the impounding, treatment, production, transmission, distribution, operation, service in connection with the sale of water or supply of sewer service;
(8) acquire and operate any type of machinery, appliances, or appurtenances necessary or useful in constructing, operating, and maintaining the system;
(9) enter into contracts of short or long duration;
(10) prescribe rate charges for its services and enact regulations;
(11) make contracts of all kinds and execute all instruments or documents necessary or convenient to carry out the business of the district;
(12) sell, lease, exchange, transfer, or otherwise dispose of or grant option for any purpose with respect to any real or personal property or interest in them in conformity with state law;
(13) acquire by purchase, lease, gift, or otherwise, or obtain options for the acquisition of any property, real or personal, improved or unimproved, including an interest in land less than the fee in conformity with state law;
(14) incur liabilities, lend and borrow money, issue bonds or notes of the district, secure its obligations by mortgage, and pledge or assign any money, rents, charges, or other revenues and any proceeds derived by the district from the sales of property, insurance, or condemnation awards;
(15) acquire, enjoy, utilize, and dispose of patents, copyrights, and trademarks and licenses and other rights or interests in them;
(16) authorize the construction, operation, maintenance of any project by any person, firm, or corporation, including political subdivisions and agencies of any state of the United States;
(17) apply to the appropriate agencies of the State, the United States or any state, and to any other proper agency for and obtain from them permits, licenses, certificates, or approvals as may be necessary; and construct, maintain, and operate the project in accordance with such license, permits, certificates, or approvals;
(18) appoint officers, agents, employees, and servants to prescribe the duties of such, to fix their compensation, and to determine if and to what extent they must be bonded for the faithful performance of their duties;
(19) employ engineers, architects, attorneys, appraisers, financial advisors, and other consultants and employers as may be required in the judgment of the district and fix and pay their compensation from funds available to the joint system, if applicable;
(20) engage in the business of supplying water, water distribution, or sewage collection or treatment; and
(21) exercise, in connection with water or sewage disposal business, the power of eminent domain as prescribed in Section 6-13-50(19).
(B) The rates charged for services furnished for the purpose of providing water supply or sewage disposal, or a combination of these services, is not subject to supervision or regulations by any state bureau, board, commission, or like instrumentality or agency of it.
Section 33-36-1370. Districts converted pursuant to this article shall assume all assets, properties, and liabilities of the antecedent nonprofit corporation."
SECTION 3. Section 6-25-20(h) of the 1976 Code is amended to read:
"(h) 'Member of a joint system' means those municipalities whose governing bodies have agreed (1) to create a joint municipal water system to undertake the impounding, acquisition, treatment, production, transmission, distribution, service, and sale of water to a municipality which is a member of the system and other municipalities, and persons which are not members when approved by the governing body of each member or (2) to create a joint municipal water system for the purpose of creating a financing pool. A joint municipal water system created for the purpose of creating a financing pool may have as nonvoting members not-for-profit nonprofit corporations created pursuant to Chapter 35 36 of Title 33; however, a nonprofit corporation which has become a public service district pursuant to Article 8 of Chapter 36 of Title 33 is a voting member."
SECTION 4. Section 12-36-2120(12) of the 1976 Code, as amended by Act 404 of 2000, is further 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 Chapter 36 of Title 33, or water sold by a public body established pursuant to Article 8, Chapter 36 of Title 33;"
SECTION 5. A. Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) effective July 1, 2006, food items eligible for purchase with United States Department of Agriculture food coupons. The exemption allowed by this item does not extend to a local sales and use tax imposed pursuant to a referendum held before July 1, 2001, except where a local sales and use tax specifically exempts these items. The exemption allowed by this item applies to a local sales and use tax imposed pursuant to a referendum held after June 30, 2001. An amount of general fund revenue not derived from the state sales and use tax equal to the amount of state sales and use tax revenue not collected because of the exemption allowed by this item is deemed state sales and use tax revenue and must be used as provided in Section 59-21-1010(A) and (B), including the appropriate amount required to be credited to the Education Act Improvement Fund;"
B. Notwithstanding the rates 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 July 1, 2001, through June 30, 2003, three percent for such sales from July 1, 2003, through June 30, 2004, two percent for such sales from July 1, 2004, through June 30, 2005, and one percent for such sales from July 1, 2005, through June 30, 2006. An amount of general fund revenue not derived from the state sales and use tax equal to the state sales and use tax not collected because of the reduced state sales tax rate allowed by this section is deemed state sales and use tax revenue and must be used as provided in Section 59-21-1010(A) and (B) of the 1976 Code, including whatever amount is necessary to be credited to the Education Act Improvement Fund so that the total in that fund is not reduced by the reduced rates allowed by this section. Except where otherwise exempt, the local sales and use taxes authorized by law continue to apply to those sales subject to the reduced state rate of tax provided in this section, but such a tax imposed pursuant to a referendum held after June 30, 2001, does not apply to those sales subject to the reduced state rate of tax provided in this section.
C. Notwithstanding the general effective date of this act, this section takes effect July 1, 2001.
SECTION 6. This act takes effect upon approval by the Governor./
Amend title to read:
/ TO AMEND CHAPTER 36 OF TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 SO AS TO PROVIDE THAT THE MEMBERSHIP OF A NONPROFIT CORPORATION ORGANIZED UNDER THE PROVISIONS OF CHAPTER 36 MAY ELECT FOR THE CORPORATION TO BECOME A PUBLIC BODY POLITIC AND CORPORATE, TO AMEND SECTION 6-25-20, AS AMENDED, RELATING TO JOINT MUNICIPAL WATER SYSTEMS, SO AS TO INCLUDE AS A VOTING MEMBER A NONPROFIT CORPORATION WHICH HAS BECOME A PUBLIC SERVICE DISTRICT PURSUANT TO ARTICLE 8, CHAPTER 36 OF TITLE 33 AS ADDED BY THIS ACT; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT GROSS PROCEEDS OF SALES OF WATER SOLD BY A PUBLIC BODY ESTABLISHED PURSUANT TO ARTICLE 8, CHAPTER 36 OF TITLE 33 AS ADDED BY THIS ACT, AND TO EXEMPT, EFFECTIVE JULY 1, 2006, THE GROSS PROCEEDS OF SALES OF FOOD ITEMS ELIGIBLE FOR PURCHASE WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, PROVIDE FOR PHASING DOWN THE RATE OF THE SALES TAX ON THESE ITEMS IN INCREMENTS OF ONE PERCENT, PROVIDE FOR THE APPLICATION OF THIS EXEMPTION TO LOCAL SALES AND USE TAXES AND PROVIDE GENERAL FUND ACCOUNTING CHANGES TO HOLD HARMLESS STATE REVENUES FOR PUBLIC EDUCATION. /
/s/Robert L. Waldrep /s/Robert W. Harrell, Jr. William H. O'Dell /s/Daniel T. Cooper /s/Thomas C. Alexander /s/Annette D. Young On Part of the Senate. On Part of the House.
Rep. HARRELL explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. KELLEY, from the Committee on Rules, submitted a favorable report on:
H. 4293 (Word version) -- Reps. Wilkins, W. D. Smith, J. Brown, Cato, Harrell, Harrison, Sharpe and Townsend: A CONCURRENT RESOLUTION ESTABLISHING THE TERMS AND CONDITIONS UNDER WHICH THE GENERAL ASSEMBLY SHALL CONTINUE IN SESSION AFTER ADJOURNMENT OF THE EXTRA SESSION WHICH BEGINS AT 12:00 NOON ON WEDNESDAY, JUNE 20, 2001, AND PROVIDE FOR THE TIME OF ADJOURNMENT OF THE EXTRA SESSION, SINE DIE.
The following Concurrent Resolution was taken up for immediate consideration:
H. 4293 (Word version) -- Reps. Wilkins, W. D. Smith, J. Brown, Cato, Harrell, Harrison, Sharpe and Townsend: A CONCURRENT RESOLUTION ESTABLISHING THE TERMS AND CONDITIONS UNDER WHICH THE GENERAL ASSEMBLY SHALL CONTINUE IN SESSION AFTER ADJOURNMENT OF THE EXTRA SESSION WHICH BEGINS AT 12:00 NOON ON WEDNESDAY, JUNE 20, 2001, AND PROVIDE FOR THE TIME OF ADJOURNMENT OF THE EXTRA SESSION, SINE DIE.
Be it resolved by the House of Representatives, the Senate concurring:
That the extra session of the General Assembly beginning 12:00 noon, Wednesday, June 20, 2001, will continue in session after June 20, 2001, under the following terms and conditions:
(A) When each house adjourns on Wednesday, June 20, 2001, it shall stand adjourned to continue in statewide session, if necessary, not later than 5:00 p.m. on Friday, June 22, 2001, for consideration of the following matters and subject to the following conditions, as applicable:
(1) receipt and consideration of gubernatorial vetoes;
(2) receipt, consideration, and confirmation of appointments;
(3) ratification of acts;
(4) receipt and consideration of local legislation which has the unanimous consent of the affected delegation;
(5) receipt, consideration, and disposition of conference and free conference reports, appointment of conference and free conference committees, and messages pertaining to such reports and appointments;
(6) receipt and consideration of resolutions expressing sympathy or congratulations;
(7) concurrence or nonconcurrence in amendments on bills received from the other house;
(8) receipt and consideration of resolutions related to the terms and conditions of the extra session; and
(9) receipt and consideration of H. 3307, including, but not limited to, receipt, consideration, and disposition of a conference and free conference report, appointment of a conference committee, and any pertinent messages.
(B) When each house adjourns subject to subsection (A) above and not later than 5:00 p.m. on Friday, June 22, 2001, the General Assembly shall stand adjourned to meet at 11:00 a.m. on Monday, August 13, 2001, and to continue in statewide session, if necessary, until Friday, September 7, 2001, not later than 5:00 p.m. for the consideration of the following matters and subject to the following conditions, as applicable:
(1) receipt and consideration of gubernatorial vetoes;
(2) receipt, consideration, and confirmation of appointments;
(3) ratification of acts;
(4) receipt and consideration of local legislation which has the unanimous consent of the affected delegation;
(5) receipt and consideration of resolutions expressing sympathy or congratulations;
(6) receipt and consideration of redistricting legislation, including consideration of conference or free conference reports concerning the South Carolina House of Representatives, the South Carolina State Senate, and the six United States Congressional Seats allocated to South Carolina;
(7) receipt and consideration of primary election legislation and related matters pertaining to redistricting issues;
(8) receipt and consideration of resolutions related to the terms and conditions of the extra session; and
(9) receipt, consideration, and disposition of conference and free conference reports, appointment of conference and free conference committees, and messages pertaining to such reports and appointments;
(10) receipt and consideration of H. 3307, including, but not limited to, receipt, consideration, and disposition of a conference and free conference report, appointment of a conference committee, and any pertinent messages.
(C) When each house adjourns subject to subsection (B) above and not later than 5:00 p.m. on Friday, September 7, 2001, the General Assembly shall stand adjourned to meet at 11:00 a.m. on Tuesday, September 18, 2001, and to continue in statewide session, if necessary, until Thursday, September 20, 2001, not later than 5:00 p.m. for the consideration of the following matters:
(1) receipt and consideration of redistricting legislation, including consideration of conference or free conference reports concerning the South Carolina House of Representatives, the South Carolina State Senate, and the six United States Congressional Seats allocated to South Carolina;
(2) receipt and consideration of gubernatorial vetoes;
(3) receipt, consideration, and confirmation of appointments;
(4) ratification of acts;
(5) receipt and consideration of local legislation which has the unanimous consent of the affected delegation;
(6) receipt and consideration of resolutions expressing sympathy or congratulations;
(7) receipt and consideration of resolutions related to the terms and conditions of the extra session; and
(8) receipt, consideration, and disposition of conference and free conference reports, appointment of conference and free conference committees, and messages pertaining to such reports and appointments.
(D) Each house also may provide for local session days during the periods between June 22, 2001, and August 13, 2001, and between September 7, 2001, and September 18, 2001, for consideration of local legislation that has the unanimous consent of the affected delegation.
(E) The Speaker of the House and the President Pro Tempore of the Senate may ratify acts at a mutually convenient time between June 22, 2001, and August 13, 2001, and between September 7, 2001, and September 18, 2001.
(F) The House may meet for administrative purposes upon the call of the Speaker of the House between June 20, 2001, and the date when the extra session of the General Assembly is adjourned sine die.
(G) The Speaker of the House and the President Pro Tempore of the Senate, by mutual consent, may call their respective houses into statewide session at any time between June 20, 2001, and the date when the extra session of the General Assembly is adjourned sine die for the purpose of considering any matters listed in this resolution. If the Speaker of the House and the President Pro Tempore of the Senate call their respective houses into statewide session under the provisions of this subsection they must designate the specific items to be considered and the duration of such consideration which shall be binding upon each house.
(H) When each house adjourns subject to subsection (C) and not later than 5:00 p.m. on Thursday, September 20, 2001, the General Assembly shall stand in recess until no later than 5:00 p.m. on December 31, 2001, and unless the extra session is otherwise adjourned sine die at an earlier date after September 20, 2001, on December 31, 2001, not later than 5:00 p.m. the extra session of the General Assembly shall stand adjourned sine die.
Rep. WILKINS explained the Resolution.
Rep. SCOTT raised the Point of Order that the Resolution was out of order under Sine Die Adjournment, Section 2-1-180.
Rep. WILKINS stated that the House was in a special session per executive order of the Governor not an extended session under Section 2-1-180.
SPEAKER PRO TEMPORE SMITH stated that Section 2-1-180 did not apply to this extra session and he overruled the Point of Order.
Rep. JENNINGS proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\20778SD01), which was tabled:
Amend the concurrent resolution, as and if amended, in subsection (H) by striking /December 31, 2001 / on lines 2 and 4 of page 4 and inserting / November 15, 2001 / in both places.
Renumber sections to conform.
Amend totals and title to conform.
Rep. JENNINGS explained the amendment.
Rep. KELLEY moved to table the amendment.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bingham Campsen Carnell Cato Chellis Coates Cooper Cotty Dantzler Davenport Delleney Easterday Fleming Frye Gilham Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kelley Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Lucas Martin McGee Meacham-Richardson Merrill Owens Perry Quinn Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Stuart Talley Taylor Thompson Tripp Trotter Vaughn Walker Webb White Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Allen Askins Bales Battle Bowers Breeland Brown, G. Brown, R. Clyburn Cobb-Hunter Coleman Emory Freeman Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hosey Howard Jennings Kennedy Kirsh Lee Lloyd Lourie Mack McCraw McLeod Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Phillips Rhoad Rivers Rutherford Scott Sheheen Smith, J.E. Snow Weeks Whatley Whipper Wilder
So, the amendment was tabled.
The question then recurred to the adoption of the Concurrent Resolution.
Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bingham Brown, J. Campsen Carnell Cato Chellis Coates Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Gilham Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kelley Knotts Koon Law Leach Lee Limehouse Littlejohn Loftis Lucas Martin Meacham-Richardson Merrill Owens Perry Quinn Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Stuart Talley Taylor Thompson Trotter Vaughn Walker Webb White Wilder Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Allen Askins Bales Battle Bowers Breeland Brown, G. Brown, R. Clyburn Cobb-Hunter Coleman Emory Freeman Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hosey Jennings Kennedy Kirsh Lloyd Lourie Mack McCraw McLeod Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Phillips Rhoad Rivers Rutherford Scott Sheheen Smith, J.E. Snow Weeks Whatley Whipper
So, the Concurrent Resolution was adopted and sent to the Senate.
Rep. SCOTT moved that the House recede until 3:00 p.m., which was agreed to.
At 3:00 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The following was introduced:
H. 4299 (Word version) -- Reps. Knotts, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A HOUSE RESOLUTION TO RECOGNIZE, HONOR, AND WELCOME THE MEMBERS OF THE MILITARY ORDER OF THE WORLD WARS TO COLUMBIA, SOUTH CAROLINA, FOR THEIR EIGHTY-FIRST ANNUAL NATIONAL CONVENTION BEGINNING ON JULY 24, 2001 AND ENDING ON JULY 29, 2001.
The Resolution was adopted.
The following was introduced:
H. 4300 (Word version) -- Reps. Knotts, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A HOUSE RESOLUTION TO COMMEND LIEUTENANT SHANE OSBORN OF THE UNITED STATES NAVY, FOR HIS BRAVE AND GALLANT ACTS IN LANDING HIS DAMAGED AIRCRAFT ON FOREIGN SOIL THAT ENSURED THE SURVIVAL OF HIS ENTIRE CREW AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN THE YEARS AHEAD.
The Resolution was adopted.
The following was introduced:
H. 4301 (Word version) -- Reps. J. Hines and M. Hines: A HOUSE RESOLUTION TO CONGRATULATE AND EXTEND THE BEST WISHES OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO REVEREND KIPPIE C. BROWN UPON HIS INSTALLATION AS PASTOR OF THE NEW PROVIDENCE BAPTIST CHURCH OF DARLINGTON ON JUNE 24, 2001, AND TO COMMEND THE NEW PROVIDENCE BAPTIST CHURCH FOR ITS LONG HISTORY OF MINISTRY AND SERVICE TO ITS CONGREGATION, COMMUNITY, AND THIS STATE.
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4302 (Word version) -- Reps. J. Young, G. M. Smith and Weeks: A BILL TO AMEND ARTICLE 7, CHAPTER 3 OF TITLE 22, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PROCEDURE IN MAGISTRATES' COURT BY ADDING SECTION 22-3-715, SO AS TO PROVIDE THAT ENTRY OF GUILTY PLEA, FORFEITURE OF BOND POSTED, OR ENTRY OF A PLEA OF NOLO CONTENDERE HAS THE SAME EFFECT AS A CONVICTION AFTER TRIAL IN ANY CRIMINAL PROCEEDING WITHIN THE JURISDICTION OF MAGISTRATES' COURT AND TO PROVIDE THE COURT IS PROHIBITED FROM DISPOSING OF THE CASE FOR A TEN-DAY PERIOD FOLLOWING ARREST UNLESS THE DEFENDANT VOLUNTARILY ENTERS A PLEA OR FORFEITS BAIL; TO AMEND SECTION 14-25-45, RELATING TO MUNICIPAL COURT JURISDICTION SO AS TO REFERENCE SECTION 22-3-715; AND TO AMEND SECTION 56-5-6220, RELATING TO THE TEN-DAY PERIOD FOLLOWING AN ARREST FOR A TRAFFIC VIOLATION, SO AS TO MAKE TECHNICAL CHANGES.
Referred to Committee on Judiciary
S. 252 (Word version) -- Senators Hayes, Branton, Alexander, Ravenel, Leatherman, Grooms, J. V. Smith, Peeler, Giese, Wilson, Gregory, Hawkins, Ritchie and Fair: A BILL TO AMEND SECTION 61-4-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL CHARGES BROUGHT AGAINST SELLERS AND BUYERS FOR THE UNLAWFUL PURCHASE OF BEER OR WINE BY A MINOR, SO AS TO PROHIBIT A MINOR FROM BEING CHARGED WITH UNLAWFULLY PURCHASING BEER OR WINE IF THE MINOR MADE THE PURCHASE AS PART OF AN INVESTIGATION BEING CONDUCTED BY LAW ENFORCEMENT.
Referred to Committee on Judiciary
S. 746 (Word version) -- Senators Wilson, Bauer, Courson and Patterson: A BILL TO ESTABLISH SINGLE MEMBER ELECTION DISTRICTS AND ONE AT-LARGE DISTRICT FROM WHICH TRUSTEES OF RICHLAND-LEXINGTON SCHOOL DISTRICT 5 ARE ELECTED.
Rep. QUINN moved to waive Rule 5.12, which was agreed to by a division vote of 22 to 0.
On motion of Rep. QUINN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
Rep. HARRELL made a statement relative to the Conference Committee on H. 3687, the General Appropriation Bill.
Rep. HARRELL continued speaking.
The Senate amendments to the following Bill were taken up for consideration:
H. 3131 (Word version) -- Reps. Rodgers and Whipper: A BILL TO AMEND SECTION 15-3-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON CERTAIN CIVIL ACTIONS, SO AS TO PROVIDE THAT ACTIONS FOR ASSAULT OR BATTERY MUST BE COMMENCED WITHIN THREE YEARS; AND TO AMEND SECTION 15-3-550, AS AMENDED, RELATING TO CIVIL ACTIONS WHICH MUST BE COMMENCED WITHIN TWO YEARS, SO AS TO DELETE THE REFERENCE TO AN ACTION FOR ASSAULT AND AN ACTION FOR BATTERY.
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 Bill were taken up for consideration:
H. 3030 (Word version) -- Reps. Harvin, Littlejohn, Clyburn and McLeod: A BILL TO AMEND ARTICLE 9, CHAPTER 1, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE EMBLEMS, PLEDGE TO THE STATE FLAG, AND OFFICIAL OBSERVANCES, BY ADDING SECTION 1-1-707 SO AS TO PROVIDE THAT THE SOUTH CAROLINA HALL OF FAME LOCATED AT MYRTLE BEACH IS THE OFFICIAL HALL OF FAME FOR THE STATE OF SOUTH CAROLINA; AND TO AMEND SECTION 23-25-20, AS AMENDED, RELATING TO CREATION OF THE SOUTH CAROLINA LAW ENFORCEMENT OFFICERS HALL OF FAME, SO AS TO CLARIFY THAT THE NAME OF THE LAW ENFORCEMENT OFFICERS HALL OF FAME ADMINISTERED AS AN OFFICE OF THE DEPARTMENT OF PUBLIC SAFETY IS THE "SOUTH CAROLINA LAW ENFORCEMENT OFFICERS HALL OF FAME" RATHER THAN THE "SOUTH CAROLINA HALL OF FAME".
Rep. HARRISON explained the Senate Amendments.
Rep. WALKER spoke in favor of 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.
Rep. KELLEY moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4289 (Word version) -- Reps. Chellis, Harrell, Owens and A. Young: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE COLONEL GERALD MUSSELMAN OF DORCHESTER COUNTY FOR HIS SERVICE AND COMMITMENT TO THE UNITED STATES AIR FORCE FROM 1964 TO 1986 AND WISH HIM MUCH HAPPINESS AND GOOD FORTUNE UPON HIS RETIREMENT FROM THE DORCHESTER COUNTY VETERANS AFFAIRS OFFICE.
At 5:10 p.m. the House, in accordance with the motion of Rep. J. YOUNG, adjourned in memory of Esther Boney Shaw of Sumter County, to meet at 10:00 a.m. tomorrow.
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