Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. W. Osborne Herlong, Jr. as follows:
Almighty God, giver of all things, with gladness we give thanks for all Your goodness. We bless You for the love which has created and which sustains us from day to day. Preserve our nation in justice and honor, that we may lead a peaceable life of integrity. Grant health and favor to all who bear office in our land, especially our President, the Governor of this State and all those called to leadership in this assembly. Help them to serve the people according to Your holy will. 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, the SPEAKER ordered it confirmed.
Rep. J. YOUNG moved that when the House adjourns, it adjourn in memory of Frederick Earle Brogdon of Sumter, which was agreed to.
The following were received and referred to the appropriate committees for consideration:
Document No. 2709
Agency: Commission on Higher Education
Statutory Authority: 1976 Code Sections 59-58-10 through 59-58-140
Nonpublic Postsecondary Institutions
Received by Speaker of the House of Representatives
March 14, 2002
Referred to Education and Public Works Committee
Legislative Review Expiration July 12, 2002 (subject to sine die revision)
Document No. 2720
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 44-1-110, 44-1-140 and 44-29-10
Communicable Diseases
Received by Speaker of the House of Representatives
March 19, 2002
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration July 17, 2002
Document No. 2726
Agency: Board of Education
Statutory Authority: 1976 Code Section 59-18-1100
School Incentive Reward Program
Received by Speaker of the House of Representatives
March 19, 2002
Referred to Education and Public Works Committee
Legislative Review Expiration July 17, 2002 (subject to sine die revision)
Document No. 2683
Agency: Board of Education
Statutory Authority: 1976 Code Section 59-5-60
Requirements for Trade and Industrial Certification
Received by Speaker of the House of Representatives
March 19, 2002
Referred to Education and Public Works Committee
Legislative Review Expiration July 17, 2002 (subject to sine die revision)
Document No. 2682
Agency: Board of Education
Statutory Authority: 1976 Code Section 59-5-60
Requirements for Initial Certification at the Advanced Level
Received by Speaker of the House of Representatives
January 14, 2002
Referred to Education and Public Works Committee
Legislative Review Expiration May 13, 2002
20020318 Withdrawn and Resubmitted
Document No. 2679
Agency: Board of Education
Chapter: 43
Statutory Authority: 1976 Code Sections 59-5-60, 59-39-100
Proposed on October 26, 2001 in State Register Vol. 25, Issue 10
Submitted to Legislative Council for General Assembly Review January 11, 2002
Received by Speaker of the House of Representatives
January 14, 2002
Referred to Education and Public Works Committee
Legislative Review Expiration May 13, 2002
20020318 Withdrawn and Resubmitted
Document No. 2613
Agency: Board of Education
Chapter: 43
Statutory Authority: 1976 Code Sections 59-5-60, 59-1-445, 59-18-310, 59-18-320, 59-18-330, 59-20-60(4)(c), 59-18-340, and 59-30-10
Proposed on February 23, 2001 in State Register Vol. 25, Issue 2
Submitted to Legislative Council for General Assembly Review May 1, 2001
Received by Speaker of the House of Representatives
May 2, 2001
Referred to Education and Public Works Committee
Legislative Review Expiration August 30, 2001 (Subject to Sine Die Revision)
20020318 Withdrawn and Resubmitted
The following was received:
Columbia, S.C., March 14, 2002
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. 3403:
H. 3403 (Word version) -- Reps. Harrison and Rodgers: A BILL TO AMEND SECTION 56-5-5640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF CERTAIN ABANDONED VEHICLES, SO AS TO PROVIDE THAT A SHERIFF'S OR CHIEF OF POLICE'S DESIGNEE MAY SELL AN ABANDONED VEHICLE AT A PUBLIC AUCTION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was introduced:
H. 4915 (Word version) -- Rep. Rutherford: A CONCURRENT RESOLUTION EXTENDING GREETINGS AND A WARM WELCOME FROM THE STATE OF SOUTH CAROLINA TO THE JOINT ANNUAL MEETING OF THE NATIONAL INSTITUTE OF SCIENCE, BETA KAPPA CHI SCIENTIFIC HONOR SOCIETY, AND BROOKHAVEN SEMESTER PROGRAM AT BENEDICT COLLEGE AS HOST INSTITUTION AT THE ADAMS MARK HOTEL, MARCH 27-31, 2002.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4916 (Word version) -- Reps. Harvin and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF SERGEANT WALTER K. FLOYD OF BARRINEAU WHO WAS TRAGICALLY KILLED IN A TRAFFIC ACCIDENT IN THE LINE OF DUTY AS A MEMBER OF THE CLARENDON COUNTY SHERIFF'S DEPARTMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1121 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF INTERSTATE 85 IN CHEROKEE COUNTY BETWEEN EXITS 90 AND 92 AS THE "VETERANS MEMORIAL HIGHWAY" IN HONOR AND MEMORY OF THE VETERANS OF CHEROKEE COUNTY FOR THEIR FAITHFUL SERVICE TO THIS STATE AND OUR NATION AND REQUEST THAT THE DEPARTMENT ERECT APPROPRIATE SIGNS AND MARKERS REFLECTING THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4917 (Word version) -- Reps. Lucas and Freeman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1095 SO AS TO PROVIDE THAT IT IS ILLEGAL TO REMOVE, OR AID IN THE REMOVAL OF PINE NEEDLES OR PINE STRAW FROM A PERSON'S LAND OR FROM PUBLIC PROPERTY UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT IT IS ILLEGAL TO ENTER A PERSON'S LAND OR PUBLIC PROPERTY WITH THE INTENT TO RAKE OR REMOVE PINE NEEDLES OR PINE STRAW UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE A PENALTY FOR A VIOLATION OF THESE PROVISIONS, AND TO PROVIDE FOR THE SIZE, PLACEMENT, AND CONTENT OF NOTICES, SIGNS, OR POSTERS THAT ARE PLACED ON A PERSON'S PROPERTY THAT PROHIBIT THE RAKING OR REMOVAL OF PINE NEEDLES OR PINE STRAW.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4918 (Word version) -- Reps. Littlejohn, Phillips, G. Brown, Fleming, Gilham, Govan, J. Hines, Koon, Leach, McCraw, Meacham-Richardson, Moody-Lawrence, Simrill, Sinclair, Stille, Talley, Townsend and Whatley: A BILL TO AMEND CHAPTER 23, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES ON CERTAIN BUSINESSES, BY ADDING ARTICLE 13 SO AS TO REQUIRE AMBULANCE PROVIDERS TO PAY AN ANNUAL FRANCHISE FEE BASED ON THE NUMBER OF PATIENTS TRANSPORTED.
Referred to Committee on Ways and Means
H. 4919 (Word version) -- Reps. Gilham, Allison, Barfield, Davenport, Emory, Freeman, Frye, Haskins, Keegan, Koon, J. M. Neal, Neilson, Riser, Rivers, Rodgers, D. C. Smith, Snow, Stille, Stuart, Townsend and Vaughn: A BILL TO AMEND SECTION 56-5-2935, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT TO A JURY TRIAL AFFORDED TO A PERSON WHO IS CHARGED WITH OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF BOTH, DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, OR CAUSING GREAT BODILY INJURY OR DEATH BY OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF BOTH, SO AS TO DELETE THE PROVISION THAT AFFORDS A JURY TRIAL TO A PERSON CHARGED WITH OPERATING A MOTOR VEHICLE WITH AN UNLAWFUL ALCOHOL CONCENTRATION; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO THE PENALTIES FOR A VIOLATION OF CERTAIN ALCOHOL RELATED MOTOR VEHICLE OFFENSES, SO AS TO DELETE OPERATING A MOTOR VEHICLE WITH AN UNLAWFUL ALCOHOL CONCENTRATION FROM THE LIST OF OFFENSES COVERED BY THIS PROVISION; TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO A MOTOR VEHICLE DRIVER'S IMPLIED CONSENT TO HAVE HIS BREATH, BLOOD, OR URINE TESTED FOR THE PURPOSE OF DETERMINING THE PRESENCE OF ALCOHOL OR DRUGS OR A COMBINATION OF BOTH, SO AS TO PROVIDE THAT IF A DRIVER HAS AN ALCOHOL CONCENTRATION OF EIGHT ONE-HUNDREDTHS OF ONE PERCENT OR MORE, THEN A DRIVER IS NOT REQUIRED TO TAKE ADDITIONAL CHEMICAL TESTS, AND THE DRIVER IS GUILTY OF DRIVING UNDER THE INFLUENCE OF ALCOHOL, TO REVISE THE ALCOHOL CONCENTRATIONS THAT MUST BE REGISTERED BY A SIMULATOR TEST BEFORE A BREATH TEST IS ADMINISTERED, TO DELETE THE PROVISIONS RELATING TO VARIOUS LEVELS OF ALCOHOL CONCENTRATION THAT RESULT IN CERTAIN PRESUMPTIONS, INFERENCES, AND GUILT REGARDING WHETHER A PERSON HAS VIOLATED A PROVISION THAT MAKES DRIVING UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF BOTH ILLEGAL, AND TO DELETE REFERENCES TO THE PROVISION THAT MAKES IT ILLEGAL TO OPERATE A MOTOR VEHICLE 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 REFUSAL TO SUBMIT TO A TEST TO DETERMINE HIS LEVEL OF ALCOHOL CONCENTRATION, SO AS TO DELETE REFERENCES TO THE PROVISION THAT MAKES IT ILLEGAL TO OPERATE A MOTOR VEHICLE WITH AN UNLAWFUL ALCOHOL CONCENTRATION; TO REPEAL SECTION 56-5-2933; AND TO DIRECT THE CODE COMMISSIONER TO DELETE ALL REFERENCES TO SECTION 56-5-2933 WHEREVER IT APPEARS IN THE CODE OF LAWS.
Referred to Committee on Judiciary
H. 4920 (Word version) -- Reps. Martin, White, Thompson, Rhoad, Limehouse, Allison, Barrett, Clyburn, Cooper, Fleming, Frye, Gilham, Kirsh, Meacham-Richardson, Riser, Sinclair, Snow, Stille, Townsend, Vaughn and Witherspoon: A BILL TO ENACT "STEPHANIE'S LAW" BY AMENDING SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES CONCERNING INVESTIGATIONS OF REPORTS OF CHILD ABUSE AND NEGLECT, CLASSIFYING SUCH REPORTS AS UNFOUNDED OR FOUNDED, AND MAINTAINING RECORDS AND THESE REPORTS, SO AS TO REQUIRE ALL REPORTS RECEIVED TO BE CLASSIFIED AS EITHER UNFOUNDED OR INDICATED, TO PROVIDE THAT IF THE DEPARTMENT IS NOT ABLE TO COMPLETE AN INVESTIGATION DUE TO RECEIVING INSUFFICIENT INFORMATION, THE INVESTIGATION MAY BE REOPENED UPON RECEIPT OF ADDITIONAL INFORMATION, TO RESTRICT USE OF RECORDS OF UNFOUNDED REPORTS IN WHICH THE REPORTER DID NOT IDENTIFY HIMSELF OR HERSELF TO AUDITING AND STATISTICAL PURPOSES, TO PROVIDE THAT RECORDS OF OTHER REPORTS OF UNFOUNDED ABUSE OR NEGLECT MAY BE USED BY THE DEPARTMENT AND LAW ENFORCEMENT AGENCIES TO ASSESS RISK AND SAFETY IF ADDITIONAL REPORTS ARE MADE CONCERNING THE CHILD, OTHER MEMBERS OF THE FAMILY IN THE HOUSEHOLD, OR THE SUBJECT OF THE REPORT.
Referred to Committee on Judiciary
H. 4921 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND CHAPTER 1, TITLE 26, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTARIES PUBLIC, BY ADDING ARTICLE 3, SO AS TO ENACT "THE UNIFORM LAW ON NOTARIAL ACTS" INCLUDING PROVISIONS TO PROVIDE DEFINITIONS RELATING TO NOTARIAL ACTS, TO PROVIDE FOR NOTARIAL ACTS IN THIS STATE AND IN OTHER JURISDICTIONS OF THE UNITED STATES, TO PROVIDE FOR NOTARIAL ACTS UNDER FEDERAL AUTHORITY AND FOR FOREIGN NOTARIAL ACTS, TO PROVIDE FOR CERTIFICATES AND SHORT FORMS FOR NOTARIAL ACTS, DESIGNATE SECTIONS 26-1-10 THROUGH 26-1-120 AS ARTICLE 1, CHAPTER 1, TITLE 26, ENTITLED "GENERAL PROVISIONS", AND TO REPEAL CHAPTER 3, TITLE 26, "THE UNIFORM RECOGNITION OF ACKNOWLEDGEMENTS ACT".
Referred to Committee on Judiciary
H. 4922 (Word version) -- Reps. Scarborough, Owens and Limehouse: A BILL TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS AND REQUESTS TO WITHDRAW REGULATIONS, SO AS TO REQUIRE AFFIRMATIVE APPROVAL OF REGULATIONS RATHER THAN ALLOWING THEM TO BECOME EFFECTIVE AFTER ONE HUNDRED TWENTY DAYS, TO DELETE REFERENCES TO THE ONE-HUNDRED-TWENTY-DAY PERIOD AND TO PROVIDE THAT IF A RESOLUTION TO APPROVE OR DISAPPROVE A REGULATION HAS NOT BEEN ENACTED BY THE END OF THE SECOND YEAR OF THE LEGISLATIVE SESSION, THE REGULATION MUST BE PROMULGATED AS A NEW REGULATION BEFORE SUBMITTING FOR SUBSEQUENT APPROVAL.
Referred to Committee on Judiciary
H. 4925 (Word version) -- Reps. Cato, Jennings, Allison, Scott, Lourie, Harrison, W. D. Smith, Kirsh, Meacham-Richardson, Law, Altman, Bales, Battle, Bingham, J. Brown, R. Brown, Campsen, Chellis, Dantzler, Emory, Freeman, Gourdine, Hayes, M. Hines, Hinson, Leach, Lloyd, McLeod, Merrill, Miller, Moody-Lawrence, J. M. Neal, Ott, Quinn, Rutherford, Sandifer, Scarborough, Sinclair, J. E. Smith, Talley, Taylor, Thompson, Tripp, Vaughn, Weeks, White and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 TO TITLE 38 RELATING TO INSURANCE, SO AS TO INCREASE THE AMOUNT OF AVAILABLE VENTURE CAPITAL FOR QUALIFYING SMALL TECHNOLOGY BUSINESSES BY ALLOWING A PREMIUM TAX LIABILITY CREDIT UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Ways and Means
H. 4928 (Word version) -- Reps. Parks, Scott, Breeland, Clyburn, Hosey, Allen, Bales, J. Brown, Carnell, Frye, Howard, Klauber, Lloyd, Ott, Stille and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VETERANS AFFAIRS BY ADDING SECTION 25-11-55 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL APPROPRIATE FUNDS DIRECTLY FROM THE STATE TREASURY TO EACH COUNTY TREASURER IN A MANNER TO BE PROVIDED BY LAW.
Referred to Committee on Ways and Means
H. 4930 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 40-5-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION AND MEMBERSHIP OF THE STATE BOARD OF LAW EXAMINERS, SO AS TO PROVIDE THAT THE NUMBER OF MEMBERS AND TERMS MUST BE SET BY THE SUPREME COURT, TO AUTHORIZE A PERSON TO SERVE WHO HAS BEEN PRACTICING LAW FOR SEVEN YEARS, AND TO DELETE THE PROVISION LIMITING BOARD MEMBERSHIP TO ONE FROM EACH CONGRESSIONAL DISTRICT.
Referred to Committee on Judiciary
S. 131 (Word version) -- Senators Leatherman and Drummond: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE AND INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, SO AS TO DELETE THE RESTRICTIONS LIMITING SUCH INVESTMENTS TO AMERICAN-BASED CORPORATIONS REGISTERED ON AN AMERICAN NATIONAL EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATION SYSTEM.
Referred to Committee on Ways and Means
S. 870 (Word version) -- Senator J. V. Smith: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FROM THE TAX THE GROSS PROCEEDS OF SALES OF ARTICLES OF CLOTHING PURCHASED BY A FOSTER PARENT FOR THE FOSTER PARENT'S FOSTER CHILD, TO PROVIDE THAT CLOTHING QUALIFYING FOR THE EXEMPTION, AND TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY REQUIRE THAT EVIDENCE OF ELIGIBILITY IT DETERMINES NECESSARY FOR THE ADMINISTRATION OF THIS EXEMPTION.
Referred to Committee on Ways and Means
S. 968 (Word version) -- Senator Leatherman: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO $1,207,749 OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT FOR THE PURPOSE OF ACQUIRING OPERATING SOFTWARE AND INFORMATION TECHNOLOGY EQUIPMENT TO BE USED FOR PROCESSING INCREASED WORKLOADS RELATED TO UNEMPLOYMENT CLAIMS AND EMPLOYER ACCOUNTS.
Referred to Committee on Ways and Means
S. 999 (Word version) -- Senators Hayes, Martin, Ritchie, Drummond, Land, Setzler and Pinckney: A BILL TO AMEND SECTION 11-13-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SECURITY REQUIRED FOR STATE FUNDS IN EXCESS OF THE FEDERAL DEPOSIT INSURANCE LIMIT DEPOSITED BY THE STATE TREASURER IN A BANK OR SAVINGS AND LOAN ASSOCIATION, SO AS TO ALLOW SECURITY FOR THESE DEPOSITS IN THE FORM OF LETTERS OF CREDIT, AND TO PROVIDE THE REQUIREMENTS FOR THESE LETTERS OF CREDIT.
Referred to Committee on Ways and Means
S. 1014 (Word version) -- Senators Hawkins, Grooms, Ravenel, Giese, Branton, Richardson, Peeler, Waldrep, Martin, Verdin, Thomas, Courson and Gregory: A BILL TO AMEND SECTION 44-37-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NEONATAL TESTING OF CHILDREN, SO AS TO REQUIRE PARENTAL CONSENT TO OBTAIN SAMPLES FOR TESTING AND TO PERFORM RESEARCH USING A SAMPLE TAKEN, TO AUTHORIZE A PARENT OR A PERSON OVER EIGHTEEN TO REQUEST IN WRITING THAT ANY SAMPLE TAKEN FOR TESTING BE DESTROYED AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE A REQUEST FORM ON ITS WEBSITE, TO REQUIRE THE DEPARTMENT TO DESTROY A SAMPLE FIFTEEN YEARS AFTER THE BIRTH OF A CHILD, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 1052 (Word version) -- Senator Glover: A BILL TO AMEND ACT 607 OF 1986, AS AMENDED, RELATING TO THE MARION COUNTY BOARD OF EDUCATION SO AS TO AUTHORIZE THE BOARD TO LEVY ADDITIONAL MILLAGE IN MARION COUNTY SCHOOL DISTRICT SEVEN FOR PAYMENT BY MARION COUNTY SCHOOL DISTRICT SEVEN FOR USE OF SCHOOL FACILITIES LOCATED IN THE DISTRICT WHICH ARE TO BE ACQUIRED BY THE MARION COUNTY BOARD OF EDUCATION.
Referred to Marion Delegation
S. 1061 (Word version) -- Senators Ravenel, Hutto, McConnell and Giese: A BILL TO AMEND SECTION 50-5-765, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF TURTLE EXCLUDER DEVICES, SO AS TO PROVIDE THAT, UNTIL FEDERAL REGULATIONS ARE AMENDED TO INCREASE THE ESCAPE OPENINGS IN TURTLE EXCLUDER DEVICES TO A CERTAIN SIZE, EACH TRAWL NET USING A HARD TURTLE EXCLUDER DEVICE IN THE SALT WATERS OF THIS STATE MUST HAVE A TURTLE EXCLUDER DEVICE OPENING OF NOT LESS THAN THIRTY-FIVE INCHES IN TAUT HORIZONTAL LENGTH AND NOT LESS THAN TWENTY INCHES IN SIMULTANEOUS VERTICAL TAUT HEIGHT OR A FEDERALLY APPROVED LEATHERBACK OR DOUBLE COVER FLAP HARD TURTLE EXCLUDER DEVICE MODIFICATION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
The following was introduced:
H. 4923 (Word version) -- Rep. J. R. Smith: A HOUSE RESOLUTION TO HONOR THE VOLUNTEERS OF JACKSON FIRST ALERT WHO RESPOND TO EMERGENCIES IN AND AROUND THE TOWN OF JACKSON IN AIKEN COUNTY, AND TO CONGRATULATE THEM ON BEING NAMED THE 2001 SMALL EMERGENCY MEDICAL SERVICES SYSTEM OF THE YEAR BY THE SOUTH CAROLINA EMERGENCY MEDICAL SERVICES ASSOCIATION.
The Resolution was adopted.
The following was introduced:
H. 4924 (Word version) -- Reps. J. R. Smith, Clyburn, Perry, Sharpe and D. C. Smith: A CONCURRENT RESOLUTION TO COMMEND LIEUTENANT MICHAEL HUNT OF THE AIKEN DEPARTMENT OF PUBLIC SAFETY FOR HIS DEDICATION TO LAW ENFORCEMENT AND HIS DETERMINATION TO KEEP AIKEN COUNTY SAFE, AND TO HONOR HIM FOR HIS RECEIPT OF THE STROM THURMOND AWARD FOR EXCELLENCE IN LAW ENFORCEMENT ON THE CITY LEVEL.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4926 (Word version) -- Reps. Townsend, Barrett, Cooper, Martin, Sandifer, Stille, Thompson and White: A CONCURRENT RESOLUTION COMMENDING JOANN CAMPBELL OF ANDERSON COUNTY FOR HER OUTSTANDING SERVICE TO THE STATE OF SOUTH CAROLINA AND WISHING HER SUCCESS AND HAPPINESS FOLLOWING HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. PHILLIPS, with unanimous consent, the following was taken up for immediate consideration:
H. 4927 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX 12:30 P.M. ON TUESDAY, APRIL 9, 2002, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, CLEMSON UNIVERSITY, COASTAL CAROLINA UNIVERSITY, COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF SOUTH CAROLINA, WIL LOU GRAY OPPORTUNITY SCHOOL, AND WINTHROP UNIVERSITY TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2002, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
Be it resolved by the House of Representatives, the Senate concurring:
(1) that the House of Representatives and the Senate meet in joint session in the Hall of the House of Representatives at 12:30 p.m., on Tuesday, April 9, 2002, for the purpose of electing members of the Boards of Trustees of The Citadel, Clemson University, Coastal Carolina University, College of Charleston, Francis Marion University, Lander University, Medical University of South Carolina, South Carolina State University, University of South Carolina, Wil Lou Gray Opportunity School, and Winthrop University to succeed those members whose terms expire in 2002, or whose positions otherwise must be filled.
(2) that all nominations be made by the Chairman of the Joint Legislative Committee which screened the candidates for the above offices and that no further nominating nor any seconding speeches be made during the joint session by members of the General Assembly on behalf of any of the candidates.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4929 (Word version) -- Reps. Carnell, Thompson, White, Martin, Townsend, Stille and Cooper: A CONCURRENT RESOLUTION TO RECOGNIZE MR. LOY WAGNER OF WILLIAMSTON FOR HIS LIFELONG DEDICATION TO MUSIC EDUCATION AND TO EXPRESS THE SINCERE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. WAGNER FOR ENRICHING THE LIVES OF THOUSANDS OF SOUTH CAROLINA STUDENTS BY SHARING HIS TALENT AND LOVE FOR MUSIC.
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 Askins Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, J. Brown, R. Campsen Carnell Cato Chellis Clyburn Coates Cobb-Hunter Coleman Cooper Dantzler Delleney Easterday Emory Fleming Freeman Frye Gilham Gourdine Hamilton Harrell Harrison Haskins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Keegan Kelley Kirsh Klauber Knotts Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack McCraw McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Owens Parks Perry Phillips Quinn Rice Riser Rivers Rodgers Sandifer Scarborough Scott Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Weeks White Wilder Wilkins Witherspoon Young, A. Young, J.
I came in after the roll call and was present for the Session on Tuesday, March 19.
Ralph Davenport Thomas Rhoad Todd Rutherford Bill Cotty Jackson Whipper Jerry Govan Alex Harvin Tracy Edge
LEAVES OF ABSENCE
The SPEAKER granted Reps. MARTIN and STUART a leave of absence for the day to attend a National Foundation of Women Legislators' Workshop in Washington, D.C.
The SPEAKER granted Rep. WHATLEY a leave of absence due to medical reasons.
The SPEAKER granted Rep. KENNEDY a leave of absence due to medical reasons.
Announcement was made that Dr. Hal Shaw of Greenville is the Doctor of the Day for the General Assembly.
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. 4836 (Word version)
Date: ADD:
03/19/02 LEACH
Bill Number: H. 4836 (Word version)
Date: ADD:
03/19/02 LOFTIS
Bill Number: H. 4869 (Word version)
Date: ADD:
03/19/02 ALTMAN
Bill Number: H. 3450 (Word version)
Date: ADD:
03/19/02 ALTMAN
Bill Number: H. 4583 (Word version)
Date: ADD:
03/19/02 A. YOUNG
Bill Number: H. 4500 (Word version)
Date: ADD:
03/19/02 GILHAM
Bill Number: H. 4500 (Word version)
Date: ADD:
03/19/02 SCARBOROUGH
Bill Number: H. 4500 (Word version)
Date: ADD:
03/19/02 BOWERS
Bill Number: H. 4500 (Word version)
Date: ADD:
03/19/02 LLOYD
Bill Number: H. 4500 (Word version)
Date: ADD:
03/19/02 MILLER
Bill Number: H. 4500 (Word version)
Date: ADD:
03/19/02 RODGERS
Bill Number: H. 4769 (Word version)
Date: REMOVE:
03/19/02 BATTLE
The following Bill was taken up:
Rep. HARRELL proposed the following Amendment No. 344 (Doc Name h-wm\008\lottery 3rd reading.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, by amending adopted amendment #308, doc name housedesk\ council\swb\amend\ 5227zcw02.doc, on page 3, lines 2-4, by striking: /$2,000,000 to the Commission on Higher Education to be used for needs-based grants (Tuition Grants);/
and inserting: /$2,000,000 to the Higher Education Tuition Grants Commission to be used for tuitions grants;/
Amend the bill further, as and if amended, by further amending adopted amendment #308, doc name housedesk\council\swb\
amend\5227zcw02.doc, on page 3, line 16, after /mathematics,/ by inserting: /social studies,/
Amend the bill further, as and if amended, by amending adopted amendment #9, doc name housedesk\h-wm\008\webbteach2.doc by striking: /Of the reading, mathematics, and science programs appropriation, $500,000 must be used for teacher inservice training and professional development related to project read./
and inserting: /Of the reading, mathematics, social studies, and science programs appropriation, $500,000 must be used for teacher in-service training and professional development related to Project Read.
Renumber sections to conform.
Amend totals and titles to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. HARRELL proposed the following Amendment No. 345 (Doc NameHousedesk\hwm\001\tobaccofundsall3rdrno2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, paragraph 96, by amending adopted amendment #5 (adopted March 14th, doc name hwm\001\tobaccofundsall5.doc) by striking and inserting: / 72.96 (GP: Healthcare Tobacco Settlement Trust Fund Transfer) Notwithstanding any other provision of law, for FY 2002-2003 only, and contingent upon the approval of the Tobacco Settlement Revenue Management Authority and parties to the trust agreement, an amount equal to $100 million must be transferred from the unrestricted taxable proceeds portion of the principal of the Healthcare Tobacco Settlement Trust Fund established pursuant to Section 11-11-170(B)(1) of the 1976 Code to the following agency and used for the purposes stated: J02-Department of Health and Human Services: South Carolina Seniors' Prescription Drug Program ("SilverCard") Annualization and Growth $23,200,000; Medicaid Nursing Homes $1,319,300; J12-Department of Mental Health: $4,000,000; and J02-Department of Health and Human Services: $71,480,700 to be expended for Medicaid Match and to reimburse nursing home facilities (and residents or responsible parties to the extent that costs were shifted to residents due to the imposition of the franchise fee to the facility) for any franchise fees paid in fiscal year 2001-2002 and up to $7,500,000 needed to continue the nursing home rate increases made possible by the annual franchise fee on nursing homes implemented by the joint resolution of 2002 bearing ratification number 176. The joint resolution of 2002, which imposed an annual franchise fee on nursing homes and bearing ratification number 176 is repealed./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. HARRELL proposed the following Amendment No. 346 (Doc Name h-wm\001\dss15kon3rd.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 13, DEPARTMENT OF SOCIAL SERVICES, page 424, new paragraph after line 25, by adding:
/Of the $600,000 allocated to Heritage in DSS's budget, $15,000 will be used to help publicize the Safe Haven for Abandoned Baby Law. Further, a Citizen's Advisory Committee will be convened no later than September 1, 2002 to review child abandonment issues and make recommendations to the General Assembly by January 15, 2003. The Speaker of the House, the President Pro Tem of the Senate, and the Governor each will appoint two members to the committee. Once the report is completed and submitted to the General Assembly, the committee is disbanded.
Renumber sections to conform.
Amend totals and titles to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the third time and ordered sent to the Senate.
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 4879 (Word version) -- Ways and Means Committee: A BILL TO ENACT THE BUDGET PROVISO CODIFICATION ACT.
Rep. TOWNSEND moved to adjourn debate upon the following Bill until Wednesday, May 15, which was adopted:
H. 3385 (Word version) -- Reps. Townsend and Stille: A BILL TO PROVIDE FOR THE AUTHORITY OF THE ANDERSON COUNTY BOARD OF EDUCATION IN REGARD TO SCHOOL BUDGETARY MATTERS INCLUDING THE AUTHORITY TO PROVIDE THAT UP TO TWO MILLS OF COUNTYWIDE AD VALOREM PROPERTY TAX LEVIES FOR SCHOOL OPERATIONS BE DISTRIBUTED TO DISTRICTS MEETING CERTAIN CRITERIA ESTABLISHED BY THE BOARD.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 4882 (Word version) -- Reps. Freeman, Jennings, Lucas and Neilson: A BILL TO AMEND ACT 587 OF 1994, RELATING TO THE CREATION OF THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION, SO AS TO DELETE THE PROVISIONS MAKING THE CLERK AN EX OFFICIO MEMBER OF THE BOARD AND PROVIDING FOR THE CLERK TO RECEIVE A SALARY IN ADDITION TO THAT AMOUNT PAID TO MEMBERS OF THE BOARD, AND AUTHORIZE THE BOARD TO HIRE A DIRECTOR TO PERFORM SUCH RESPONSIBILITIES AS THE BOARD SHALL DETERMINE.
S. 987 (Word version) -- Senator Reese: A BILL TO AUTHORIZE THE COMMISSION OF PUBLIC WORKS FOR THE CITY OF SPARTANBURG TO ESTABLISH A SAFETY AND SECURITY DEPARTMENT AND EMPLOY LAKE WARDENS WHO MUST BE COMMISSIONED AS CONSTABLES; TO ESTABLISH THE QUALIFICATIONS FOR EMPLOYMENT AS A LAKE WARDEN; TO PROVIDE FOR THE POWERS, DUTIES, AND JURISDICTION OF LAKE WARDENS; TO REQUIRE THE POSTING OF A BOND AS A PREREQUISITE TO EMPLOYMENT; TO EXEMPT LAKE WARDENS FROM CERTAIN REPORTING REQUIREMENTS OF CONSTABLES; TO AUTHORIZE THE USE OF EMERGENCY VEHICLES BY LAKE WARDENS; AND TO PROVIDE PENALTIES FOR FALSELY REPRESENTING OR CONDUCTING ONESELF AS A LAKE WARDEN.
Rep. WALKER explained the Bill.
H. 4244 (Word version) -- Reps. A. Young and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-27-235 SO AS TO ALLOW NATIVE AMERICAN TRIBES THE OPTION OF ELECTION AS A REIMBURSABLE EMPLOYER FOR PURPOSES OF THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW; TO AMEND SECTION 41-27-210, RELATING TO THE DEFINITION OF "EMPLOYER", SO AS TO EXTEND THE DEFINITION TO ANY NATIVE AMERICAN TRIBE AND ANY EMPLOYING UNIT REQUIRED TO PAY THE FEDERAL UNEMPLOYMENT TAX; TO AMEND SECTION 41-27-260, AS AMENDED, RELATING TO THE DEFINITION OF "EMPLOYMENT", SO AS TO EXTEND THE DEFINITION TO AN APPOINTED SUCCESSOR TO AN ELECTED OFFICIAL AND ADD AN EXEMPTION DEFINITION PERTAINING TO NATIVE AMERICANS; TO AMEND SECTION 41-31-40, AS AMENDED, RELATING TO AN EMPLOYER'S BASE RATE COMPUTATION PERIOD, SO AS TO EXPERIENCE RATE NEW EMPLOYERS AFTER TWELVE MONTHS AT THE NEXT ANNUAL RATING FOLLOWING THE YEAR IN WHICH THEY REACH THEIR TWELVE MONTH EXPERIENCE STATUS; TO AMEND SECTION 41-31-60, AS AMENDED, RELATING TO THE EMPLOYER DELINQUENT REPORT PENALTY, SO AS TO REDUCE THIS PENALTY; TO AMEND SECTION 41-31-110, AS AMENDED, RELATING TO THE SUCCESSOR RATING PERIOD, SO AS TO REDUCE THE RATING PERIOD TO ONCE A YEAR; TO AMEND SECTION 41-31-160, RELATING TO CONTRIBUTION REPORTS, SO AS TO REQUIRE ELECTRONIC CONTRIBUTION AND WAGE REPORTS FOR EMPLOYERS REPORTING TWO HUNDRED FIFTY OR MORE EMPLOYEES IN 2003 AND EMPLOYERS REPORTING ONE HUNDRED OR MORE EMPLOYEES IN 2005; AND TO AMEND SECTION 41-33-80, RELATING TO THE UNEMPLOYMENT TRUST FUND, SO AS TO CORRECT A REFERENCE.
Rep. CATO explained the Bill.
The following Bill was taken up:
H. 4571 (Word version) -- Reps. Moody-Lawrence, Sharpe, R. Brown, Kirsh, Meacham-Richardson, Harvin, Weeks, G. Brown, Freeman, Frye, Gilham, Harrell, McCraw, Neilson, Perry, Riser, Rutherford and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-13-255 SO AS TO PROVIDE THAT THE STATE BOARD OF COSMETOLOGY SHALL ISSUE A LIMITED LICENSE TO AN INDIVIDUAL WHOSE LICENSE HAS LAPSED WITHOUT REEXAMINATION IF THE PERSON IS OVER SIXTY YEARS OF AGE, AND HAS PRACTICED FOR MORE THAN THIRTY YEARS AND TO FURTHER PROVIDE THAT THE SCOPE OF PRACTICE IS LIMITED TO THAT WHICH THE PERSON COULD PRACTICE UNDER THE FORMER LICENSE.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11272AC02), which was adopted:
Amend the bill, as and if amended, Section 40-13-255, page 1, line 28 by deleting /shall/ and inserting / may/ so when amended, Section 40-13-255 reads:
/ "Section 40-13-255. Notwithstanding the provisions of Section 40-13-250 or any other provision of law, the board may issue a limited license without reexamination to an individual whose license has lapsed if the person is over sixty years of age and practiced under a valid license for more than thirty years. The scope of practice authorized under this section is limited to the scope of practice authorized under the individual's former license."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. BINGHAM explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. LAW moved to adjourn debate upon the following Bill until Tuesday, March 26, which was adopted:
H. 4641 (Word version) -- Rep. Cato: A BILL TO AMEND CHAPTER 15, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, BY ADDING ARTICLE 4 SO AS TO REQUIRE NONFRANCHISE AUTOMOBILE DEALERS TO COMPLETE CERTAIN PRE-LICENSING AND CONTINUING EDUCATION COURSES BEFORE BEING ISSUED A DEALER'S LICENSE OR HAVING A DEALER'S LICENSE RENEWED, AND TO PROVIDE FOR THE CREATION, MEMBERSHIP, AND PURPOSE OF THE SOUTH CAROLINA INDEPENDENT EDUCATION ADVISORY BOARD, WHICH SHALL ASSIST WITH THE CONTINUING EDUCATION REQUIREMENTS OF NONFRANCHISE AUTOMOBILE DEALERS.
The following Bill was taken up:
H. 3849 (Word version) -- Reps. Sinclair, J. E. Smith, Cotty, Allen, Allison, Barrett, McLeod, Campsen, Coleman, Davenport, Delleney, Easterday, Fleming, Harrison, Haskins, Hinson, Huggins, Keegan, Kelley, Lee, Littlejohn, Lourie, Lucas, McCraw, McGee, Meacham-Richardson, Merrill, Rivers, Robinson, Sandifer, F. N. Smith, W. D. Smith, Talley, Townsend, Vaughn, Walker, Weeks, White, Wilder, Wilkins and J. Young: A BILL TO AMEND SECTION 14-23-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR A JUDGE OF PROBATE, SO AS TO CHANGE, AMONG OTHER THINGS, THE QUALIFICATIONS BASED ON THE POPULATION OF THE COUNTY IN WHICH THE PROBATE JUDGE SERVES.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11354AC02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 14-23-1040 of the 1976 Code, as last amended by Part IV, Section 3, Act 678 of 1988, is further amended to read:
"Section 14-23-1040. (A) Prior to January 1, 2004, no person is eligible to hold the office of judge of probate who is not unless the person at the time of his election a citizen of the United States and of this State, has not attained the age of twenty-one years upon his election, has not become a qualified elector of the county in which he is to be a judge, and has not received a four-year bachelor's degree from an accredited post-secondary institution or if he has received no degree he must have four years' experience as an employee in a probate judge's office in this State.:
(1) is a citizen of the United States and a resident of this State;
(2) is twenty-one years of age;
(3) is a qualified elector of the county in which he is to be a judge; and
(4) has graduated from high school or, if he has no degree, has four year's experience as a full time associate probate judge in a probate judge's office in this State.
(B) After December 31, 2003, through December 31, 2005, no person is eligible to hold the office of judge of probate unless the person at the time of his election:
(1) is a citizen of the United States and a resident of this State;
(2) is twenty-one years of age;
(3) is a qualified elector of the county in which he is to be a judge; and
(4) has obtained an degree from an accredited college or community college or, if he has no degree, has four year's experience as a full time associate probate judge in a probate judge's office in this State.
(C) After December 31, 2005, no person is eligible to hold the office of judge of probate unless the person at the time of his election:
(1) is a citizen of the United States and a resident of this State;
(2) is twenty-one years of age;
(3) is a qualified elector of the county in which he is to be a judge; and
(4) has obtained a four year bachelor's degree from an accredited post-secondary institution or, if he has no degree, has four year's experience as a full time associate probate judge in a probate judge's office in this State.
(D) Notwithstanding the provisions of this section a person holding the office of probate judge as of July 1, 2002, is deemed to have satisfied the requirements of this section to hold his current office and for the purposes of running for election or re-election. However, if a person deemed to be qualified for the office of probate judge pursuant to this section is out of office for a term or any portion of a term before seeking election, the person must satisfy the applicable requirements of this section to be qualified to run for office."
SECTION 2. This act takes effect July 1, 2002./
Renumber sections to conform.
Amend totals and title to conform.
Rep. SINCLAIR explained the amendment.
Rep. HOWARD requested debate on the Bill.
Rep. SINCLAIR continued speaking.
The amendment was then adopted.
Rep. SINCLAIR proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\AMEND\11444AC02), which was adopted:
Amend the bill, as and if amended, Section 14-23-1040(A), page 3849-2, line 5 by deleting /and/; line 8 by deleting /./ and inserting /; and/; and immediately after line 8 by inserting /(5) has not been convicted of a felony offense or any offense involving moral turpitude under the laws of this State, any other state, or the United States./
Amend the bill, further, Section 14-23-1040(B), page 3849-2, line 16 by deleting /and/; line 20 by deleting /./ and inserting /; and /; and immediately after line 20 by inserting /(5) has not been convicted of a felony offense or any offense involving moral turpitude under the laws of this State, any other state, or the United States./
Amend the bill further, Section 14-23-1040(C), page 3849-2, line 28 by deleting /and/; line 32 by deleting /./ and inserting /; and /; and immediately after line 32 by inserting /(5) has not been convicted of a felony offense or any offense involving moral turpitude under the laws of this State, any other state, or the United States./
Renumber sections to conform.
Amend totals and title to conform.
Rep. SINCLAIR explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. EASTERDAY moved that the House recede until 2:30 p.m., which was agreed to.
Further proceedings were interrupted by the House receding.
At 2:30 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The following Bill was taken up:
S. 322 (Word version) -- Senators Mescher, Grooms and Branton: A BILL TO AMEND SUBARTICLE 4, ARTICLE 3, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO INCLUDE IN THIS PROGRAM COURT-APPOINTED GUARDIANS AD LITEM IN CUSTODY DISPUTES IN FAMILY COURT, TO PROVIDE THAT A GUARDIAN AD LITEM IN A CUSTODY DISPUTE MAY CHARGE UP TO FIVE HUNDRED DOLLARS FOR SERVICES RENDERED IN A CASE, TO PROVIDE THAT CIVIL AND CRIMINAL IMMUNITY DOES NOT APPLY TO A GUARDIAN AD LITEM WHO CHARGES FOR SERVICES RENDERED, AND TO REQUIRE A GUARDIAN AD LITEM IN A CUSTODY DISPUTE TO BE AT LEAST THIRTY YEARS OF AGE; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT IN ORDERING A MENTAL OR PSYCHIATRIC EXAMINATION IN CUSTODY DISPUTES, THE COURT MUST MAKE FINDINGS OF FACT THAT THERE IS PROBABLE CAUSE TO ORDER THE EXAMINATION AND THAT IT IS NECESSARY TO MAKE A DETERMINATION IN THE CASE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11351AC02):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. This act may be cited as the "South Carolina Private Guardian ad Litem Reform Act".
SECTION 2. Subarticle 2, Article 11, Chapter 7, Title 20 of the 1976 Code is amended by adding:
"Section 20-7-1545. (A) In a private action before the family court in which custody or visitation of a minor child is an issue, the court may appoint a guardian ad litem only when it determines that:
(1) without a guardian ad litem, the court will likely not be fully informed about the facts of the case and there is a substantial dispute which necessitates a guardian ad litem; or
(2) both parties consent to the appointment of a guardian ad litem who is approved by the court.
(B) A guardian ad litem appointed pursuant to this section may be removed by the court upon good cause shown.
Section 20-7-1547. (A) A person may not be appointed a guardian ad litem in a private action involving custody or visitation unless qualified pursuant to this section. The court may appoint an attorney or a nonattorney, both of whom must be at least twenty-five years of age and qualified pursuant to this section, to be a guardian ad litem.
(B) A nonattorney must complete a minimum of nine hours of family law continuing legal or nonlegal education in the areas of custody and visitation and an additional three hours related to substantive law and procedure in family court to be qualified to serve as a guardian ad litem. A nonattorney also shall observe three contested custody merits hearings to be qualified to serve as a guardian ad litem. The continuing legal and nonlegal education courses provided to nonattorneys must be approved by the South Carolina Supreme Court Commission on Continuing Legal Education and Specialization.
(C) A nonattorney guardian ad litem appointed pursuant to this section must complete, annually, the continuing legal and nonlegal education hours as required in subsection (B), in order to remain qualified to serve as a guardian ad litem.
(D) A person may not be appointed as a guardian ad litem pursuant to this section who has been convicted of any crime listed in Chapter 3 of Title 16, Offenses Against the Person, in Chapter 15 of Title 16, Offenses Against Morality and Decency, in Chapter 25 of Title 16, Criminal Domestic Violence, in Article 3 of Chapter 53 of Title 44, Narcotics and Controlled Substances, or for the crime of contributing to the delinquency of a minor, provided for in Section 16-17-490, or who is or has ever been on the Department of Social Services Central Registry of Abuse and Neglect.
(E) A guardian ad litem, upon appointment, must provide an affidavit to the parties stating that the guardian ad litem has complied with the requirements of this section, including a statement that the person has not been convicted of a crime enumerated in subsection (E).
Section 20-7-1549. Upon its own motion or upon the motion of a party or the guardian ad litem, the court may appoint an attorney for the guardian ad litem. If the appointment is by consent order, the order must set forth the reasons for the appointment and establish a method and rate for compensating the attorney.
Section 20-7-1551. (A) The responsibilities and duties of a guardian ad litem include, but are not limited to:
(1) representing the best interests of the child;
(2) conducting an independent, balanced, and impartial investigation to determine the facts relevant to the situation of the child and the family, which must include:
(a) reviewing relevant documents and records. The guardian ad litem shall have access to the child's school records and medical records. The guardian ad litem may petition the family court for the medical records of the parties;
(b) if appropriate, meeting with and observing the child in the home-setting and considering the wishes of the child; and
(c) interviewing parents, caregivers, school officials, law enforcement, and others with knowledge relevant to the case.
(3) advocating for the child's best interests, including making clear, specific recommendations and referrals for evaluations, services, and treatment for the child and the child's family; however, if any recommendation or referral is for a psychiatric or psychological evaluation, service, or treatment, the recommendation or referral first must be presented to the court for approval;
(4) attending all court hearings, unless otherwise excused by the court, and providing accurate, current information directly to the court; and
(5) maintaining a complete file with notes rather than relying upon court files.
(B) A guardian ad litem also is responsible for presenting to the court and all other parties clear, comprehensive written reports including, but not limited to, a final written report regarding the child's best interests, which must include conclusions and recommendations and the facts upon which the reports are based. A final written report must be submitted to the court and all other parties no later than fifteen days before the merits hearing, unless the time frame is modified by the court. The written report must include the names of all persons interviewed by the guardian ad litem during the investigation and, if available, their addresses and telephone numbers.
(C) A guardian ad litem may submit briefs, memoranda, affidavits, or other documents on behalf of the child. Any report or recommendation of a guardian ad litem must be submitted in a manner consistent with the South Carolina Rules of Evidence and other state law.
Section 20-7-1553. (A) At the time of appointment, the family court judge shall set forth the method and rate of compensation for the guardian ad litem, who must submit, when fees and costs accrue, a periodic itemized billing to include a statement of hours, expenses, costs, and fees to the parties and their attorneys. Additionally, the court must consider the ability of a party to pay fees and costs at the time the court appoints a guardian ad litem.
(B) A party may petition the court to review the reasonableness of the fees and costs of the guardian ad litem and the attorney for the guardian ad litem at any time during the action.
(C) A guardian ad litem appointed by the court is entitled to reasonable compensation, subject to review and approval by the court. In determining the reasonableness of the fees and costs, the court shall take into account the complexity of the issues before the court, the contentiousness of the litigation, the time expended, the expenses reasonably incurred by the guardian ad litem and any other factors the court considers necessary.
Section 20-7-1555. A guardian ad litem appointed by the family court in a custody or visitation action must, upon notice of the appointment, provide written disclosure to each party:
(1) of the nature, duration, and extent of any relationship the guardian ad litem or any member of the guardian's immediate family residing in the guardian's household has with any party;
(2) of any interest adverse to any party or attorney which might cause the impartiality of the guardian ad litem to be challenged;
(3) any membership or participation in any organization related to child abuse, domestic violence, or drug and alcohol abuse."
SECTION 3. (A) Section 20-7-1555 of the 1976 Code is redesignated as Section 20-7-1525, and Section 20-7-1557 is redesignated Section 20-7-1535, both of which are to be placed within Subarticle 1, Article 11, Chapter 7, Title 20 of the 1976 Code.
(B) Subarticle 1, Article 11, Chapter 7, Title 20 of the 1976 Code is renamed "Special Custody and Visitation Provisions".
(C) Subarticle 2, Article 11, Chapter 7, Title 20 of the 1976 Code is renamed "Private Guardians ad Litem".
SECTION 4. This act takes effect July 1, 2002./
Renumber sections to conform.
Amend totals and title to conform.
Rep. EASTERDAY explained the amendment.
Rep. EASTERDAY spoke in favor of the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. EASTERDAY having the floor.
The Senate amendments to the following Bill were taken up for consideration:
H. 3307 (Word version) -- Reps. Scott, Knotts, Jennings, Carnell, Govan, Whatley, Dantzler, Lee, Miller, Snow, Breeland, Hosey, Rutherford, J. E. Smith, Rivers, Weeks and Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 57 TO TITLE 33 SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION LOTTERY ACT"; TO PROVIDE FOR A STATE LOTTERY AND TO CREATE THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO CONDUCT THE STATE LOTTERY; TO PROVIDE FOR THE CORPORATION'S BOARD MEMBERSHIP, DUTIES, AND POWERS; TO PROVIDE FOR THE CREATION OF A LOTTERY RETAILERS ADVISORY COMMITTEE; TO PROVIDE FOR THE METHOD OF CONTRACTING WITH VENDORS AND RETAILERS; TO PROVIDE FOR THE SALE OF LOTTERY GAME TICKETS AND THE DISTRIBUTION OF PRIZES; TO PROVIDE FOR ALLOCATION OF LOTTERY PROCEEDS WHICH MUST BE USED FOR EDUCATIONAL PURPOSES AND PROGRAMS; TO PROVIDE CRIMINAL PENALTIES FOR SELLING A LOTTERY TICKET TO A MINOR, PURCHASING A LOTTERY TICKET AS A MINOR, AND DEFRAUDING OR OTHERWISE TAMPERING WITH THE LOTTERY OR MAKING MATERIAL REPRESENTATIONS IN AN APPLICATION OR REPORT IN CONNECTION WITH THE LOTTERY; TO CREATE A SOUTH CAROLINA EDUCATION LOTTERY OVERSIGHT COMMITTEE; TO PROVIDE FOR SET-OFF DEBT COLLECTION FROM PRIZE WINNINGS; TO ESTABLISH THE SOUTH CAROLINA EDUCATION LOTTERY ACCOUNT INTO WHICH THE NET REVENUE RECEIVED FROM THE STATE EDUCATION LOTTERY MUST BE DEPOSITED AND TO PROVIDE APPROPRIATIONS FROM THE EDUCATION LOTTERY ACCOUNT BEGINNING IN FISCAL YEAR 2001-02 FOR SPECIFIED PURPOSES; AND TO AMEND SECTION 1-3-240, AS AMENDED, RELATING TO THE ENTITIES FROM WHICH AN APPOINTEE BY THE GOVERNOR MAY BE REMOVED IN CERTAIN CONDITIONS, SO AS TO ADD THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO THAT LIST OF ENTITIES.
Rep. HARRELL proposed the following Amendment No. 1A (Doc Name COUNCIL\DKA\AMEND\4793MM02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 59-150-355. (A) There is appropriated annually from the Education Lottery Account as prescribed to the following education purposes and programs and transferred by the Budget and Control Board as directed below. These appropriations must be used to supplement and not supplant existing funds for education. Distributions from the Education Lottery Account must be made on a quarterly basis by the last day of January, April, July, and October of each year, beginning in July 2002 if the account has accrued more than $35,000,000 in net proceeds by that date. The Budget and Control Board is directed to prepare the subsequent Lottery Expenditure Account detail budget to reflect the appropriations of the Education Lottery Account as provided in this section.
(1) Of the net proceeds from the Education Lottery Account:
(a) $23,903,683 must be appropriated for Education Accountability Act Initiatives including homework centers ($1,598,440); retraining grants ($4,737,000); external review teams ($1,516,872); teacher specialists ($12,781,069); principal specialists ($2,270,302); and Palmetto Gold and Silver Awards Program ($1,000,000);
(b) $30,000,000 must be used to fund endowed research chairs for the current fiscal year as provided in Chapter 75 of Title 2.
(c) $42,076,817 must be used to fund an increase attributable to enhanced LIFE Scholarship awards to a maximum level of $4,500 a year as provided in Chapter 149 of Title 59.
(d) $3,500,000 must be used to provide Palmetto Fellows Scholarships to all eligible applicants as provided in Section 59-104-20 in the amount of $5,500 each.
(e) $27,519,500 to the State Board of Education must be used to implement programs in kindergarten through fifth grades for reading, mathematics, social studies, and science to enhance student achievement in these areas. Of the reading, mathematics, social studies, and science appropriation, $500,000 must be used for teacher in-service training and professional development related to Project Read.
(f) $18,500,000 must be used for ETV Digitalization.
(g) $35,000,000 must be used for the purchase of new school buses, including six appropriately equipped school buses for the School for the Deaf and Blind, and the repair of existing school buses. Of the allocation for the purchase of new school buses, two new nineteen-passenger activity buses must be purchased for John de la Howe.
(h) $13,700,000 to the Commission on Higher Education must be used for a College Technology Investment Matching Grant Program to fund matching grants for technology infrastructure including, but not limited to, connectivity, upgrade, hardware, software, management, maintenance, installation, and training at this state's public four-year and two-year institutions of higher learning, branches of the University of South Carolina, and technical schools, as defined in Sections 59-103-15(B)(2), (3), and (4), not to include the state's three senior research universities, the Medical University of South Carolina, the University of South Carolina, and Clemson University, such funds to be divided equally between the four-year and two-year institutions to which it applies in the aggregate and the state's Technical and Comprehensive Educational System. The State Technical and Comprehensive Education System for this matching grant program includes also the sixteen individual technical colleges on an institution-by-institution basis. The monies must be allocated to the Commission on Higher Education for distribution in the amount of at least $100,000 to eligible institutions according to a competitive application process based on objective criteria developed by the Commission on Higher Education, which includes a certification from the applicant that the matching funds from a nonstate appropriated source are in hand. Up to one percent of the allocated amount may be used by the Commission on Higher Education to fund its administration of the program.
(2) The South Carolina Lottery Commission may enter into a multi-state agreement for the sale of instant game tickets, online game tickets, and related multi-state lottery products including game shows and promotional products. Procedures for ticket sales and validation, prize redemption, and other details of the commission's participation in the multi-state lottery games must be governed by the terms of the agreement entered into by the commission. For purposes of this provision, the lottery games that may be subject to a multi-state participation agreement by the commission are those defined at Section 59-150-20(7). Further, the multi-state tickets and products may be sold only through a licensed lottery retailer, pursuant to Section 59-150-150, or through the commission.
(3) An amount up to and including the first one million dollars of unclaimed prize money as described in Section 59-150-230(I) is appropriated to the South Carolina Department of Alcohol and Other Drug Abuse Services (DAODAS) or an established nonprofit public or private agency recognized as an affiliate of the National Council on Problem Gambling to receive monies for the prevention and treatment of compulsive gambling disorder and educational programs related to that disorder, including a gambling hotline, which must be used for prevention programs including, in part or in totality, mass media communications. The State Budget and Control Board may contract with any combination of agencies, including a combination that includes DAODAS, that meets the criteria for treatment of compulsive gambling disorder and educational programs related to that disorder, including a gambling hotline for these services with these funds. The director of the selected agency or agencies must report to the board on programs implemented and persons served. Remaining unclaimed prize monies are appropriated to the Department of Education for the purchase of new school buses.
(B) The legislative intent for a long-term funding commitment to the education programs initiated from lottery proceeds requires a temporary deferral in the implementation of the programs established in Section 59-150-360, Section 59-150-370, Section 59-150-380, and the Youth Education Scholarships as defined in Section 59-150-350(D). These sections are not funded for the 2002-03 fiscal year.
(C) Of the additional net proceeds that may be generated by multi-state lottery games, $6,000,000 must be appropriated to the College and University Technology Grant Program and funds must be awarded to the branches of the University of South Carolina and public four-year universities, excluding the University of South Carolina-Columbia, Clemson University, and the Medical University of South Carolina. Grants must be available for award to institutions with grant proposals supporting the development of technology or technology infrastructure, or both. The review process, to include the awarding of grants, is as determined by the
Commission on Higher Education; $2,000,000 to the Higher Education Tuition Grants Commission to be used for tuition grants; $1,500,000 to the South Carolina State Library to be allocated for county public library aid; $1,500,000 to the Commission on Higher Education to be used for the National Guard Tuition Repayment Program as described in Section 59-111-75; $2,000,000 to the State Board for Technical and Comprehensive Education Technology Grant Program to be used for technology upgrades across the TEC system; and the remainder to the Department of Education to be used to enhance reading, mathematics, social studies, and science programs and student achievement in grades K-5.
(D) This section constitutes the entire appropriation of net lottery proceeds and implementation of lottery programs beginning in fiscal year 2002-03. Appropriations made in this section are declared to be maximum, conditional, and proportionate, the purpose being to authorize expenditures for educational purposes and programs in amounts not to exceed the amounts named in this section, but only if the aggregate revenues available in the Education Lottery Account during the period for which the appropriations are made are sufficient to pay them in full. The State Budget and Control Board is directed to survey the progress of the collection of revenue and the expenditure of funds in the Education Lottery Account. If the State Budget and Control Board determines that a year-end aggregate deficit may occur by virtue of a projected shortfall in anticipated revenues, it shall take the necessary action to restrict the rate of expenditure for educational programs, consistent with this section. Any institution, activity, program, item, special appropriation, or allocation for which the General Assembly has provided funding in this section must not be discontinued, deleted, or deferred by the State Budget and Control Board. A reduction of the rate of expenditure by the State Budget and Control Board, pursuant to authority of this section, must be applied as uniformly as is practicable, except that a reduction must not be applied to the funding of scholarships in this section. Any unspent surplus resulting from the collection of revenues in an amount in excess of that anticipated must remain in the Education Lottery Account and must be allocated for and appropriated to educational purposes and programs only as determined by the General Assembly."
SECTION 2. Section 59-149-10(E) of the 1976 Code, as added by Act 59 of 2001, is amended to read:
"(E)(1) Beginning with school year 2002-2003, the annual amount of a LIFE Scholarship for eligible resident students attending a four-year public or independent institution as defined in this chapter is increased to the cost of tuition for thirty credit hours a year or its equivalent plus a three hundred dollar per a year book allowance. 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, except for the referenced three hundred dollar book allowance, and may not exceed four thousand two hundred dollars for each student for each year, plus the book allowance.
(2) Beginning with school year 2002-2003, the annual amount of a LIFE Scholarship for eligible resident students attending a four-year independent institution must be the cost of attendance up to a maximum of the average annual cost of tuition at the state's four-year public institutions of higher learning in the corresponding academic year. In addition, and notwithstanding the provisions of subsection (D) above, beginning with school year 2002-2003, eligible resident students attending two-year independent institutions may not receive an annual LIFE scholarship of more than the maximum cost of tuition at two-year regional public institutions for thirty credit hours a year or its equivalent. An eligible student attending a two-year technical college shall receive the three hundred dollar book allowance in addition to his cost of tuition."
SECTION 3. Section 59-149-50(A) of the 1976 Code, as last amended by Act 59 of 2001, is further amended to read:
"(A) To be eligible for a LIFE Scholarship, a student must be either a member of a class graduating from a high school located in this State on or after May, 1995, a home school student who has successfully completed a high school home school program in this State in the manner required by law on or after May, 1995, or a student graduating from a preparatory high school outside this State on or after May, 1995, while a dependent of a parent or guardian who is a legal resident of this State and has custody of the dependent, and these students must also meet the requirements of subsection (B). In addition, beginning with the 1998-99 school year for those students who graduate from high school on or after May, 1998, the student must have graduated from high school with a minimum of a 3.0 cumulative grade average on a 4.0 scale, and have scored 1000 or better on the Scholastic Aptitude Test (SAT) or have the equivalent ACT score, 1050 or better, beginning with school year 2000-2001, and 1100 or better, beginning with school year 2002-2003; provided that, if the student is to attend such a public or independent two-year college or university in this State, including a technical college, the SAT requirement does not apply. If a student chooses to attend such a public or independent institution of this State and does not make the required SAT score or the required high school grade point average, as applicable, the student may earn a LIFE Scholarship after his freshman year if he meets the grade point average and semester credit hour requirements of subsection (B)."
SECTION 4. Section 59-149-60 of the 1976 Code, as added by Act 418 of 1998, is amended to read:
"Section 59-149-60. The student may receive a LIFE Scholarship for not more than ten semesters for a five-year degree program, eight semesters for a four-year degree program, or four semesters for a two-year degree program. In addition, students in order to be eligible for these scholarships must enroll in an eligible institution within two years of graduating from high school."
SECTION 5. Title 2 of the 1976 Code is amended by adding:
Section 2-75-05. (A) This chapter is known and may be cited as the "South Carolina Research Centers of Economic Excellence Act".
(B) The General Assembly finds that:
(1) it is in the public interest to create incentives for the senior research universities of South Carolina consisting of Clemson University, the Medical University of South Carolina, and the University of South Carolina to raise capital from the private sector to fund endowments for professorships in research areas targeted to create well-paying jobs and enhanced economic opportunities for the people of South Carolina;
(2) these endowed professorships should be used to recruit and maintain leading scientists and engineers at the senior research universities of South Carolina for the purposes of developing and leveraging the research capabilities of the universities for the creation of well-paying jobs and enhanced economic opportunities in knowledge-based industries for all South Carolinians;
(3) in communities across the United States in which better paying jobs and enhanced economic development in knowledge-based industries has flourished, the local or state government has created incentives and made a long-term commitment to public and private funding for a significant number of endowments for professorships in targeted knowledge-based industries;
(4) the South Carolina Education Lottery provides a source of funding and an incentive for the senior research universities to raise, in dollar-for-dollar matching amounts, sums from private sources sufficient to create endowed professorships;
(5) these endowed professorships should be awarded to the senior research universities through a competitive application process, provided that the competitive process must encourage the senior research universities to submit cooperative applications with one another as well as in cooperation with other institutions of higher education; and
(6) these endowed professorships, funded equally from the South Carolina Education Lottery and from other private sources, provide a foundation for the creation of centers of economic excellence.
Section 2-75-10. There is created the Research Centers of Excellence Review Board. The board shall consist of nine members. Of the nine members, three must be appointed by the Governor, three must be appointed by the President Pro Tempore of the Senate, and three must be appointed by the Speaker of the House of Representatives. The terms of members are three years, and members are eligible to be appointed for no more than two additional terms. Of the members initially appointed by the Governor, the President Pro Tempore, and the Speaker of the House, one shall be appointed for a term of one year, one for a term of two years, and one for a term of three years, the initial term of each member to be designated by the Governor, President Pro Tempore, and Speaker of the House when making the appointments. The Governor, the President Pro Tempore, and the Speaker of the House shall appoint persons with substantial experience in business, law, accounting, technology, manufacturing, engineering, or other professions and experience which provide an understanding of the purposes of this chapter. The board shall be responsible for recommending annually to the Budget and Control Board for approval a schedule by which applications for funding are received and awarded on a competitive basis, the awarding of matching funds as provided in Section 2-75-60, and for oversight and operation of the fund created by Section 2-75-30. The review board must provide an annual report to the Budget and Control Board, which shall include an audit performed by an independent auditor.
Section 2-75-20. The presidents of the senior research universities shall serve as ex officio nonvoting members of the board.
Section 2-75-30. There is created the Centers of Excellence Matching Endowment. The endowment must be funded annually by appropriations from the South Carolina Education Lottery Account in the amounts provided by the General Assembly. The fund must be managed by the State Treasurer, subject to awards from the endowment as provided in this chapter. Interest earnings of the endowment must remain in the fund.
Section 2-75-40. The senior research universities, individually, in conjunction with one or more other senior research universities or with other South Carolina higher education institutions, may make application for awards from the endowment as provided in this chapter.
Section 2-75-50. An application for an award from the endowment shall:
(1) provide to the board documentation of private matching funds, on hand, in an amount equal to the amount for which application is made;
(2) provide to the board documentation that all matching funds have been committed and raised exclusively from sources other than South Carolina tax dollars, and that the funds have been committed and raised after January 1, 2002;
(3) be in an amount of not less than two million dollars and not more than five million dollars;
(4) document that the application has significant potential to provide for enhanced economic development for the citizens of South Carolina in a specified knowledge-based industry or field of commerce; and
(5) provide specific partnering activities with other institutions, businesses, or the community.
Section 2-75-60. Upon a determination by the board that the provisions of Section 2-75-50 have been met, the board must appoint a panel of experts chosen from outside South Carolina for their expertise in the respective research field to review the application. The members appointed to the panel shall have no affiliation with the senior research universities. The panel will convene in the State to review the proposals and to conduct site visits to ensure that appropriate research infrastructure exists at the applying university. The panel shall make a report and recommendation to the board as to the merits of the application not more than ninety days after submission to the panel. The board shall then make a determination as to whether or not to award the matching funds and the amount of the award.
Section 2-75-70. Staff and support for the operations of the board and the panels must be provided by the Budget and Control Board. The Budget and Control Board shall approve all necessary funds for the prudent operation of the board, including per diem, subsistence, and mileage expenses of board members as provided by law for members of state boards, committees, and commissions, and for the costs and expenses of the panel members. The expenditures authorized by this section must be provided from the fund created by Section 2-75-30 upon approval by the Budget and Control Board.
Section 2-75-80. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this chapter is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this section, the General Assembly hereby declaring that it would have passed this section, 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, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective."
SECTION 6. Section 59-150-350(D) of the 1976 Code, as added by Act 59 of 2001, is amended to read:
"(D) At the beginning of the first fiscal year after the state lottery becomes operational, the Comptroller General shall certify the amount of net proceeds including investment earnings on the net proceeds credited to and accrued in the Education Lottery Account during the preceding fiscal year. The sum of certified net proceeds and investment earnings must be designated as annual lottery proceeds. Appropriations from the Education Lottery Account must be allocated only for educational purposes and educational programs by the General Assembly in its annual general appropriations bill or any bill appropriating monies for previous or current fiscal years. Funds made available from the Education Lottery Account must be used to provide Palmetto Fellows Scholarships to all eligible applicants, to provide LIFE Scholarships for eligible resident students attending four-year public institutions in those amounts provided by law; up to one percent of net proceeds to the South Carolina State Library for public library state aid, to be distributed to county public libraries on a per capita basis and to be used for educational technology delivery, upgrade, and maintenance; to the Commission on Higher Education for free tuition at state technical colleges and two-year public institutions; for the SC HOPE Scholarship Program; to the Department of Education to be allocated to K-12 school technology; to the Department of Education for school-based grants for pilot programs, to include programs providing deregulation as requested by school districts with an overall absolute or improved designation of average or better, with first priority given to schools reported as average, below average, or unsatisfactory in accordance with the Education Accountability Act; to the Department of Education to fund homework centers, and these funds must be allocated to the local school districts based on a per pupil basis and may be used for salaries for certified teachers and for transportation costs, provided that priority in the distribution of funds must be given to schools designated as below average or unsatisfactory in accordance with the Education Accountability Act; to the Commission on Higher Education for higher education assistance, including need-based grants, grants to teachers for advanced education with priority to annual grants earmarked for teachers working toward their masters' degree or advanced education in their areas of certification, or both; for the National Guard Tuition Repayment Program; and funding for elementary and secondary public education as determined pursuant to the Education Accountability Act of 1998 and education improvement legislation enacted into law after the effective date of this chapter; new programs enacted by the General Assembly for public institutions of higher learning, including public four-year colleges and universities and their branches and two-year colleges, as defined in Section 59-103-5, and state technical colleges, which programs may include the creation of endowed chairs at the state's universities, with an emphasis in the areas of, but not limited to, engineering, computer science, and the sciences; to the State Department of Education for the purchase of school buses; to the South Carolina Educational Television Commission for digitalization; and to the Higher Education Tuition Grants commission to administer tuition grants and Youth Education Scholarships of up to and not to exceed one thousand dollars, to be determined in the annual general appropriations bill to resident parents of a four-year-old who attains the age of four years by September first of the school year the scholarship is received and who attends a public or private, for profit or nonprofit kindergarten, preschool, home school, or child development center program provided in this State. The scholarship is payable from the lottery proceeds through the Department of Education directly to the school in the name of the attending child after the department confirms that the program meets the following criteria that include, but are not limited to, language and literacy programs that help the child understand and tell stories, recognize pictures and words, learn the alphabet, and understand that writing is communication; math concepts that teach the child to count and sort objects into groups, recognize shapes, and make comparisons of size, shape, length, and weight; science concepts that teach the child to explore the natural environment, observe seasonal changes, communicate observations, and use tools to measure; art concepts that help the child express ideas and thoughts in creative ways, paint, draw, and sculpt, listen to music and sing songs, and recognize colors; and physical development activities that help the child move with balance and coordination, participate in indoor and outdoor physical activity, and use writing tools, puzzles, scissors, blocks, clay, and computers. The proportion of total recurring general fund and special fund revenues of the State expended for the total of public elementary, secondary, and higher education allocations in any fiscal year must not be less than the proportions in the fiscal year immediately before the fiscal year in which education revenues are first received from a state lottery and must not be reduced or supplanted later by revenues received from a state lottery."
SECTION 7. The first paragraph of Section 59-104-20 of the 1976 Code, as last amended by Act 289 of 2000, is further amended to read:
"The Palmetto Fellows Scholarship Program is established to foster scholarship among the state's post-secondary students and retain outstanding South Carolina high school graduates in the State through awards based on scholarship and achievement. Measures must be taken to ensure equitable minority participation in this program. Recipients of these scholarships are designated Palmetto Fellows. Each Palmetto Fellow shall receive a scholarship in an the amount designated by the Commission on Higher Education of five thousand five hundred dollars. The commission shall promulgate regulations and establish procedures to administer the program and request annual state appropriations for the program."
SECTION 8. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRELL explained the amendment.
Rep. SCOTT spoke against the amendment.
Rep. JENNINGS spoke against the amendment.
Rep. J. H. NEAL spoke against the amendment.
Rep. HOWARD spoke against the amendment.
Rep. HOWARD continued speaking.
Rep. OTT spoke against the amendment.
Rep. ALTMAN spoke in favor of the amendment.
Rep. MACK spoke against the amendment.
Rep. RIVERS spoke against the amendment.
Rep. GOVAN spoke against the amendment.
Rep. GOVAN continued speaking.
Rep. GOVAN spoke against the amendment.
Rep. HOSEY spoke against the amendment.
Rep. SCOTT spoke against the amendment.
Rep. KNOTTS spoke upon the amendment.
Rep. G. BROWN spoke against the amendment.
Rep. HARRELL spoke in favor of the amendment.
Rep. SCOTT moved to table the amendment.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Askins Bales Barfield Battle Bowers Breeland Brown, G. Brown, J. Brown, R. Carnell Cobb-Hunter Emory Fleming Freeman Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hosey Howard Jennings Kirsh Law Lee Lloyd Lourie Mack McLeod Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Rhoad Rivers Scott Sheheen Smith, J.E. Snow Weeks Whipper
Those who voted in the negative are:
Allison Altman Bingham Campsen Cato Chellis Coates Cooper Cotty Dantzler Davenport Delleney Edge Frye Gilham Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kelley Koon Leach Limehouse Littlejohn Loftis Lucas McCraw McGee Meacham-Richardson Merrill Neilson Owens Perry Quinn Rice Riser Rodgers Sandifer Scarborough Sharpe Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Stille Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb White Wilder Wilkins Witherspoon Young, A. Young, J.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Campsen Cato Chellis Coates Cooper Cotty Dantzler Davenport Delleney Easterday Edge Frye Gilham Hamilton Harrell Haskins Hinson Huggins Keegan Kelley Koon Law Leach Limehouse Littlejohn Loftis Lucas McCraw McGee Merrill Neilson Owens Perry Quinn Rice Riser Sandifer Scarborough Sharpe Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Stille Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb White Wilder Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Allen Askins Bales Barfield Battle Bowers Breeland Brown, G. Brown, J. Carnell Cobb-Hunter Emory Fleming Freeman Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hosey Howard Jennings Kirsh Lee Lloyd Lourie Mack McLeod Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Rhoad Rivers Scott Sheheen Simrill Smith, J.E. Snow Weeks Whipper
So, the amendment was adopted.
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. 3822 (Word version) -- Reps. Cato, Tripp, Bales, Barfield, Edge, Limehouse, McCraw, Meacham-Richardson, Merrill, Robinson, Sandifer, Scott and Whatley: A BILL TO AMEND CHAPTER 77, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE, BY ADDING ARTICLE 12 SO AS TO PROVIDE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE THE AUTHORITY TO ISSUE TO A RENTAL COMPANY A LIMITED LICENSE WHICH AUTHORIZES THE COMPANY TO OFFER OR SELL INSURANCE IN CONNECTION WITH THE RENTAL OF A MOTOR VEHICLE.
Rep. CATO 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. 4465 (Word version) -- Reps. Coates and McGee: A JOINT RESOLUTION TO PROVIDE FOR A BINDING REFERENDUM TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF FLORENCE COUNTY SCHOOL DISTRICT ONE FAVOR GRANTING TO THE BOARD OF TRUSTEES OF THE DISTRICT THE AUTHORITY BEGINNING IN 2002 TO RAISE THE MILLAGE FOR SCHOOL OPERATIONS BY NOT MORE THAN TEN MILLS OVER THAT LEVIED FOR THE PREVIOUS YEAR WITHOUT THE REQUIREMENT OF A REFERENDUM, AND TO GRANT SUCH LIMITED FISCAL AUTONOMY TO THE BOARD BEGINNING IN 2002 IF THE RESULTS OF THE BINDING REFERENDUM ARE IN FAVOR THEREOF.
Rep. COATES explained the Senate Amendments.
The House refused to agree to the Senate amendments by a division vote of 3 to 3.
Rep. MOODY-LAWRENCE moved to reconsider the vote whereby the House non-concurred in the Senate Amendments, which was agreed to.
The Senate amendments were agreed to by a division vote of 3 to 2, 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 Senate amendments to the following Bill were taken up for consideration:
H. 3163 (Word version) -- Reps. Wilkins, Campsen, Wilder, Jennings, Coates, Whatley, Cobb-Hunter, Altman, Owens, Lourie, McLeod, Bowers, Robinson, Simrill, J. E. Smith, Harrell and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3535, SO AS TO ENACT THE "SOUTH CAROLINA HISTORIC REHABILITATION INCENTIVES ACT" WHICH PROVIDES AN INCOME TAX CREDIT FOR EXPENDITURES TO REHABILITATE HISTORIC STRUCTURES, WHICH PROVIDES FOR THE CARRY FORWARD OF UNUSED CREDIT, AND WHICH AUTHORIZES THE DEPARTMENT OF ARCHIVES AND HISTORY AND THE DEPARTMENT OF REVENUE TO PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF THIS SECTION.
Reps. WILKINS, VAUGHN and CAMPSEN proposed the following Amendment No. 1A (Doc Name COUNCIL\BBM\AMEND\ 10935HTC02), which was adopted:
Amend the bill, as and if amended, by striking SECTIONS 2 and 3 and inserting:
/ SECTION 2. The 1976 Code is amended by adding:
"Section 12-6-3535. (A) A taxpayer who is allowed a federal income tax credit under Section 47 of the Internal Revenue Code for making qualified rehabilitation expenditures for a certified historic structure located in this State is allowed to claim a credit against the tax imposed by this chapter. For the purposes of this section, 'taxpayer', 'qualified rehabilitation expenditures', and 'certified historic structure' are defined as provided in the Internal Revenue Code Section 47 and the applicable Treasury regulations. The amount of the credit is twenty percent of the expenditures that qualify for the federal credit. To claim the credit allowed by this subsection, the taxpayer must attach to the return a copy of the section of the federal income tax return showing the credit claimed, along with any other information that the Department of Revenue determines is necessary for the calculation of the credit provided by this subsection.
(B) A taxpayer who is not eligible for a federal income tax credit under Section 47 of the Internal Revenue Code and who makes rehabilitation expenses for a certified historic residential structure located in this State is allowed to claim a credit against the tax imposed by this chapter. The amount of the credit is twenty-five percent of the rehabilitation expenses. To claim the credit allowed by this subsection, the taxpayer must attach to the return a copy of the certification obtained from the State Historic Preservation Officer verifying that the historic structure has been rehabilitated in accordance with this subsection, along with all information that the Department of Revenue determines is necessary for the calculation of the credit provided by this subsection.
For the purposes of this subsection:
(1) 'Certified historic residential structure' means a structure or portion of a structure that is an owner-occupied personal residence if the residence is not actively used in a trade or business, held for the production of income, or held for sale or disposition in the ordinary course of the taxpayer's trade or business; and that is:
(a) listed individually in the National Register of Historic Places;
(b) considered by the State Historic Preservation Officer to contribute to the historic significance of a National Register Historic District;
(c) considered by the State Historic Preservation Officer to meet the criteria for individual listing in the National Register of Historic Places; or
(d) an outbuilding of an otherwise eligible property considered by the State Historic Preservation Officer to contribute to the historic significance of the property.
(2) 'Certified rehabilitation' means repairs or alterations consistent with the Secretary of the Interior's Standards for Rehabilitation and certified as such by the State Historic Preservation Officer before commencement of the work. The review by the State Historic Preservation Officer shall include all repairs, alterations, rehabilitation, and new construction on the certified historic residential structure and the property on which it is located. The rehabilitation expenses must, within a thirty-six-month period, exceed fifteen thousand dollars. A taxpayer shall not take more than one credit on the same certified historic residential structure within ten years.
(3) 'Rehabilitation expenses' means expenses incurred in the certified rehabilitation of a certified historic residential structure, including preservation and rehabilitation work done to the exterior of a historic structure, repair and stabilization of historic structural systems, restoration of historic plaster, energy efficiency measures except insulation in frame walls, repairs or rehabilitation of heating, air-conditioning, or ventilating systems, repairs or rehabilitation of electrical or plumbing systems exclusive of new electrical appliances and electrical or plumbing fixtures, and architectural and engineering fees.
'Rehabilitation expenses' do not include the cost of acquiring or marketing the property, the cost of new construction beyond the volume of the existing building, the value of an owner's personal labor, or the cost of personal property.
(4) 'State Historic Preservation Officer' means the Director of the Department of Archives and History or the director's designee who administers the historic preservation programs within the State.
(C)(1) The entire credit may not be taken for the taxable year in which the property is placed in service, but must be taken in equal installments over a five-year period beginning with the year in which the property is placed in service. For a certified rehabilitation of a certified historic residential structure 'placed in service' is defined as the taxable year the certified rehabilitation is completed. Any unused portion of any credit installment may be carried forward for the succeeding five years.
(2) A 'S' corporation, limited liability company, or partnership that qualifies for a credit under this section may pass through the credit earned to each shareholder of the 'S' corporation, member of the limited liability company, or partner of the partnership. For purposes of this subsection, limited liability company means a limited liability company taxed as a partnership. The amount of the credit allowed a shareholder, member, or partner by this subsection is equal to the shareholder's percentage of stock ownership, member's interest in the limited liability company, or the partner's interest in the partnership for the taxable year multiplied by the amount of the credit earned by the entity. The credit earned pursuant to this section by a 'S' corporation owing corporate level income tax must be used first at the entity level. Only the remaining credit passes through to each shareholder.
(D) Additional work done by the taxpayer while the credit is being claimed, for a period of up to five years, must be consistent with the Secretary of the Interior's Standards for Rehabilitation. During this period the State Historic Preservation Officer may review additional work to the certified historic structure or certified historic residential structure and has the right to inspect certified historic structures and certified historic residential structures. If additional work is not consistent with the Standards for Rehabilitation, the taxpayer and Department of Revenue must be notified in writing and any unused portion of the credit, including carry forward, is forfeited.
(E) The South Carolina Department of Archives and History shall develop an application and may promulgate regulations, including the establishment of fees, needed to administer the certification process. The Department of Revenue may promulgate regulations to administer the tax credit.
(F) A taxpayer may appeal a decision of the State Historic Preservation Officer to a committee of the State Review Board appointed by the chairperson."
SECTION 3. Upon approval by the Governor, this act is effective for taxable years beginning after 2002 for property placed in service after June 30, 2003. /
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. JENNINGS moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4866 (Word version) -- Reps. Allison and Vaughn: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, APRIL 10, 2002, "MISS SOUTH CAROLINA DAY AT THE CAPITOL" IN RECOGNITION OF THE BEAUTY, GRACE, AND TALENT OF MISS SOUTH CAROLINA 2001, JEANNA RANEY OF INMAN.
At 4:55 p.m. the House, in accordance with the motion of Rep. J. YOUNG, adjourned in memory of Frederick Earle Brogdon of Sumter, to meet at 10:00 a.m. tomorrow.
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