Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. W. Osborne Herlong, Jr. as follows:
All Holy Lord, in humble prayer we ask today Your watchful care. We live in uncertain times with stress at home and discord around the world. With faith and hope, as we face the challenges of leadership, give us courage that is based on trust in God's power and dependency on God's grace. May You bless abundantly the men and women in this assembly who are Your partners in service to the State of South Carolina. Remind us once again of Your timeless word that "You will never leave us or forsake us." Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. ALTMAN moved that when the House adjourns, it adjourn in memory of Luther Barnett of Charleston, which was agreed to.
Document No. 2711
Agency: Department of Social Services
Statutory Authority: 1976 Code Sections 20-7-2250 and 43-1 80
Foster Care
Received by Speaker of the House of Representatives
March 5, 2002
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration July 3, 2002 (subject to sine die revision)
Withdrawn and Resubmitted May 22, 2002
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 1196 (Word version) -- Senator Leatherman: A CONCURRENT RESOLUTION TO ENDORSE THE DEPLOYMENT OF THE PREPASS ELECTRONIC PRECLEARANCE SYSTEM IN SOUTH CAROLINA AND TO REQUEST THE DEPARTMENT OF PUBLIC SAFETY TO IMPLEMENT THIS SYSTEM.
Ordered for consideration tomorrow.
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 1212 (Word version) -- Senators Pinckney and Richardson: A CONCURRENT RESOLUTION REQUESTING THE STATE DEPARTMENT OF EDUCATION TO ISSUE CORRECTED DIPLOMAS AND TO CHANGE RELATED RECORDS FOR THE 1949 AND 1950 GRADUATES OF PENN SCHOOL OF ST. HELENA ISLAND SO AS TO REFLECT THE NAME OF THE FACILITY THEY ATTENDED AND FROM WHICH THEY GRADUATED AS "PENN HIGH SCHOOL".
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 4094 (Word version) -- Reps. J. E. Smith and Lourie: A BILL TO AMEND SECTIONS 20-7-490, 20-7-510, 20-7-650, 20-7-670, 20-7-690, AND 20-7-9710, ALL AS AMENDED, AND SECTION 20-7-2275, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO VARIOUS PROVISIONS IN THE CHILDREN'S CODE HAVING PROVISIONS RELATING TO CHILD DAYCARE, AND SUBARTICLE 11, ARTICLE 13, CHAPTER 7, TITLE 20 RELATING TO THE LICENSURE AND REGULATION OF CHILD DAYCARE FACILITIES, ALL SO AS TO CHANGE THE TERMS "CHILD DAY CARE" OR "DAYCARE" TO "CHILDCARE".
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 252 (Word version) -- Senators Hayes, Branton, Alexander, Ravenel, Leatherman, Grooms, J. V. Smith, Peeler, Giese, Wilson, Gregory, Hawkins, Ritchie and Fair: A BILL TO AMEND SECTION 61-4-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL CHARGES BROUGHT AGAINST SELLERS AND BUYERS FOR THE UNLAWFUL PURCHASE OF BEER OR WINE BY A MINOR, SO AS TO PROHIBIT A MINOR FROM BEING CHARGED WITH UNLAWFULLY PURCHASING BEER OR WINE IF THE MINOR MADE THE PURCHASE AS PART OF AN INVESTIGATION BEING CONDUCTED BY LAW ENFORCEMENT.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 5269 (Word version) -- Rep. Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-5-920 SO AS TO AUTHORIZE A DEFENDANT AFTER FIFTEEN YEARS OF A CONVICTION AS A YOUTHFUL OFFENDER TO APPLY TO THE CIRCUIT COURT FOR AN ORDER EXPUNGING THE ARREST AND CONVICTION OF THE DEFENDANT.
Rep. JENNINGS moved to waive Rule 5.12, which was agreed to by a division vote of 15 to 1.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 1208 (Word version) -- Judiciary Committee: A BILL TO ENACT "STEPHANIE'S LAW"; TO AMEND SECTION 20-7-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED OR PERMITTED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO DETERMINE WHETHER PREVIOUS REPORTS HAVE BEEN MADE REGARDING A CHILD OR SUBJECT OF A REPORT AND TO REQUIRE THE DEPARTMENT TO MAINTAIN A RECORD OF INFORMATION RECEIVED THAT IS NOT INVESTIGATED; TO AMEND SECTION 20-7-650, RELATING TO DUTIES OF LOCAL CHILD PROTECTIVE AGENCIES, SO AS TO RE-CATEGORIZE UNFOUNDED REPORTS; TO AMEND SECTION 20-7-655, RELATING TO THE CHILD PROTECTIVE SERVICES APPEALS PROCESS, SO AS TO DELETE THE REQUIREMENT THAT CERTAIN RECORDS BE PURGED; AND TO AMEND SECTION 20-7-680, RELATING TO THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT MUST NOT CONTAIN INFORMATION FROM REPORTS CLASSIFIED AS UNFOUNDED.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 970 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-495 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF NONPROFIT CHILDREN'S ADVOCACY CENTERS THROUGHOUT THE STATE.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
S. 320 (Word version) -- Senators Gregory, Peeler and Drummond: A BILL TO AMEND SECTION 50-11-2300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FUNDING OF THE OPERATION GAME THIEF PROGRAM, SO AS TO PROVIDE FOR ADDITIONAL FUNDING FROM THE SALE OF OPERATION GAME THIEF PARAPHERNALIA AND TO AMEND SECTION 50-11-2310, RELATING TO PURPOSES FOR WHICH PROGRAM FUNDS MAY BE EXPENDED, SO AS TO PROVIDE FOR REWARD PAYMENTS FOR INFORMATION LEADING TO THE ARREST OF PERSONS FOR VIOLATIONS OF NATURAL RESOURCE LAWS, AND TO PROVIDE THAT PROGRAM FUNDS MAY BE EXPENDED FOR OPERATIONAL IMPROVEMENTS TO THE "PROPERTY WATCH PROGRAM", THE "COASTAL WATCH PROGRAM", AND OTHER PROGRAMS WITHIN THE OPERATION GAME THIEF PROGRAM AND TO ENHANCE PUBLIC INVOLVEMENT IN THE PROTECTION OF NATURAL RESOURCES.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
S. 1226 (Word version) -- Senator Land: A BILL TO REPEAL SECTION 50-11-1280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON SHOOTING PRESERVES IN GAME ZONES 7 AND 9.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
S. 1203 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEDERAL MIGRATORY BIRD TREATY AND PROHIBITIONS CONCERNING THE HUNTING OF WATERFOWL, SO AS TO REVISE PROVISIONS PERTAINING TO THE HUNTING OF MIGRATORY BIRDS AND WATERFOWL AND PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Ordered for consideration tomorrow.
The roll call of the House of Representatives was taken resulting as follows:
Allison Altman Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, J. Brown, R. Campsen Carnell Cato Chellis Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Gourdine Hamilton Harrison Haskins Hayes Hines, J. Hines, M. Hinson Huggins Jennings Keegan Kennedy Kirsh Klauber Koon Law Leach Lee Littlejohn Lloyd Loftis Lourie Lucas Mack Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Neal, J.M. Neilson Ott Owens Perry Phillips Rhoad Rice Riser Rivers Sandifer Scarborough Scott Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, F.N. Smith, J.R. Smith, W.D. Snow Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Whipper White Wilder Wilkins Witherspoon Young, A. Young, J.
I came in after the roll call and was present for the Session on Wednesday, May 22.
Karl Allen Todd Rutherford Jimmy Bales Anne Parks G. Murrell Smith David Weeks Joseph Neal H.B. "Chip" Limehouse Mark Kelley Lonnie Hosey Robert Harrell Jerry Govan Leon Howard Michael Whatley Alex Harvin Richard Quinn James Smith
LEAVE OF ABSENCE
The SPEAKER granted Rep. WHATLEY a temporary leave of absence due to medical reasons.
The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence due to illness.
Rep. MARTIN signed a statement with the Clerk that she came in after the roll call of the House and was present for the Session on Thursday, May 16.
Rep. CARNELL signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, May 14.
Announcement was made that Dr. Layton McCurdy of Charleston is the Doctor of the Day for the General Assembly.
Reps. COBB-HUNTER, LEE and PARKS presented to the House the first African-American women graduates of the Citadel: Geneive Marie Hardney, Renee Eulalia Hypolite, Natosha LaShay Mitchell, Lesjanusar Peterson, Adrienne Lynette Watson, Toshika Janeise Hudson, Jamey Allesha McCloud, and school officials.
Rep. WILKINS presented to the House the Christ Church Episcopal Boys Soccer Team, the Class A State Champions, their coaches and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. 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. 5035 (Word version)
Date: ADD:
05/22/02 WHITE
Bill Number: H. 5035 (Word version)
Date: ADD:
05/22/02 BARRETT
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 5291 (Word version) -- Reps. Bingham, Huggins and Riser: A BILL TO DIRECT THE LEXINGTON COUNTY OFFICIAL CHARGED WITH THE RESPONSIBILITY OF COLLECTING DELINQUENT TAXES, IN CONNECTION WITH THE REQUIREMENT FOR PERSONAL PROPERTY TAXES ON A WATERCRAFT AND OUTBOARD MOTOR BE CURRENT BEFORE THE TITLE TO THESE ITEMS MAY BE TRANSFERRED, THAT THIS PROHIBITION ON THE TRANSFER OF TITLE APPLIES ONLY FOR PROPERTY TAXES DUE FOR PROPERTY TAX YEARS BEGINNING AFTER 1999, THAT USED WATERCRAFT AND USED OUTBOARD MOTORS OBTAINED FROM A LICENSED DEALER ON OR AFTER OCTOBER 3, 2000, ARE FREE OF THE LIEN FOR THE PAYMENT OF PROPERTY TAXES FOR PROPERTY TAX YEARS BEFORE 2000, AND THAT NO REFUNDS OF PROPERTY TAXES ON WATERCRAFT AND OUTBOARD MOTORS ARE PAYABLE FOR PROPERTY TAX YEARS BEFORE.
H. 5239 (Word version) -- Rep. Townsend: A BILL TO AMEND ACT 510 OF 1982, AS AMENDED, RELATING TO THE ANDERSON COUNTY BOARD OF EDUCATION, SO AS TO REAPPORTION THE DISTRICTS FROM WHICH BOARD MEMBERS ARE ELECTED AND DELETE PREVIOUS APPORTIONMENT AND REAPPORTIONMENT PLANS.
Rep. WHITE moved to adjourn debate upon the following Bill until Wednesday, May 29, 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.
Rep. SCARBOROUGH moved to adjourn debate upon the following Bill until Thursday, May 23, which was adopted:
S. 117 (Word version) -- Senators Ravenel, Branton, Grooms and Mescher: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, THE GOVERNING BODY THEREOF, AND THE MANNER IN WHICH ITS MEMBERS ARE ELECTED, SO AS TO PROVIDE FOR TWO ADDITIONAL MEMBERS OF THE BOARD TO BE ELECTED FROM THE EAST OF COOPER AREA AS DEFINED HEREIN BEGINNING IN 2002.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered returned to the Senate with amendments:
S. 1133 (Word version) -- Senator Moore: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY CERTAIN ISSUES AFFECTING VETERANS AND PROVIDE FOR RELATED MATTERS INCLUDING, BUT NOT LIMITED TO, COMMITTEE MEMBERSHIP AND DUTIES, THE FILLING OF VACANCIES, AND COMMITTEE MEETINGS AND STAFFING.
S. 668 (Word version) -- Senator J. V. Smith: A BILL TO AMEND SECTION 41-27-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, BY ADDING PARAGRAPHS TO SPECIFICALLY NAME NATIVE AMERICAN TRIBES AND TO AUTOMATICALLY COVER EMPLOYING UNITS LIABLE UNDER THE FEDERAL UNEMPLOYMENT TAX ACT; TO AMEND CHAPTER 27, TITLE 4, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, BY ADDING SECTION 41-27-235 TO PROVIDE NATIVE AMERICAN TRIBES THE OPTION OF ELECTION AS A REIMBURSABLE EMPLOYER; TO AMEND SECTION 41-27-260, RELATING TO EXEMPTED EMPLOYMENT, TO CLARIFY THAT AN APPOINTED SUCCESSOR OF AN ELECTED OFFICIAL IS CONSIDERED THE SAME AS AN ELECTED OFFICIAL AND TO ADD AN EXEMPTED EMPLOYMENT DEFINITION PERTAINING TO NATIVE AMERICANS; TO AMEND SECTION 41-31-40, RELATING TO RATE COMPUTATION PERIODS, TO REDUCE THE INITIAL TWENTY-FOUR MONTH RATING PERIOD TO TWELVE MONTHS AND TO ONCE A YEAR; TO AMEND SECTION 41-31-60, RELATING TO DELINQUENT REPORTS, TO REDUCE THE EMPLOYER DELINQUENT REPORT PENALTY FROM FIVE AND FOUR-TENTHS TO TWO AND SIXTY-FOUR HUNDREDTHS PERCENT; TO AMEND SECTION 41-31-110, RELATING TO COMPUTATION RATES APPLICABLE TO SUCCESSORS, TO REDUCE THE SUCCESSOR RATING PERIOD TO ONCE A YEAR; TO AMEND SECTION 41-31-160, RELATING TO FREQUENCY OF CONTRIBUTION REPORTS, TO REQUIRE ELECTRONIC 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, TO CORRECT A SECTION REFERENCE.
S. 634 (Word version) -- Senators Wilson and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-305 SO AS TO PROVIDE THAT UPON RECEIVING PROPER AUTHORITY FROM THE UNITED STATES GOVERNMENT, THE MOTOR VEHICLE DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY SHALL PROVIDE SELECTIVE SERVICE REGISTRATION FOR CERTAIN PERSONS AT THE TIME IT ISSUES, RENEWS, OR PROVIDES A DUPLICATE COPY OF A DRIVER'S LICENSE OR IDENTIFICATION CARD.
S. 996 (Word version) -- Senators Courson, Alexander, Anderson, Bauer, Branton, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Kuhn, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. V. Smith, Thomas, Verdin and Waldrep: A JOINT RESOLUTION TO CREATE THE ARMED FORCES OF THE UNITED STATES VETERANS MONUMENT COMMISSION AND PROVIDE FOR THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:
S. 1167 (Word version) -- Senators Pinckney and Richardson: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 91, SO AS TO PROVIDE FOR THE ISSUANCE OF A "PENN CENTER" SPECIAL LICENSE PLATE.
The following Bill was taken up:
S. 290 (Word version) -- Senator Bauer: A BILL TO AMEND ACT 789 OF 1952, AS AMENDED, RELATING TO THE CLINTON-NEWBERRY NATURAL GAS AUTHORITY, SO AS TO ALLOW THE AUTHORITY TO ENTER INTO FIRM GAS SALES, MAKE CONSISTENT CHANGES IN PROVISIONS TO ALLOW FIRM GAS SALES, AND CHANGE THE MANNER OF THE DISPOSITION OF NET REVENUES, SO THAT THEY ARE DIVIDED EQUALLY BETWEEN THE CITIES OF CLINTON AND NEWBERRY.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name H-LCI\AMEND\290.HAT):
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein:
/ SECTION 1. Chapter 9 of Title 58 of the 1976 Code is amended by adding:
Section 58-9-2600. This article regulates the provision of telecommunications service by an agency or entity of the State or a political subdivision of this State, excluding the State Budget and Control Board for services provided as of this act's effective date, to the extent that state constitutional or statutory provisions of law authorize this activity.
Except for the Public Service Commission in regard to its duties and responsibilities under this article, nothing in this article shall be construed to recognize, broaden, or enlarge the authority or legal capacity of any agency or entity of the State or a political subdivision of this State to engage in such activity.
Section 58-9-2610. As used in this article:
(1) 'Government-owned telecommunications service provider' means a state or local political subdivision or person or entity providing telecommunications service to the public for hire over a facility, operation, or system that is directly or indirectly owned by, operated by, or a financial benefit obtained by or derived from, an agency or entity of the State or any local government. 'Government owned telecommunications service provider' does not include the State Budget and Control Board for services provided as of this act's effective date.
The term 'Government-owned telecommunications service provider' does not include any state or local governmental entity or agency that obtains or derives financial benefit solely from leasing or renting, to any person or entity, property that is not, in and of itself, a facility used to provide telecommunications service.
(2) 'Telecommunications service' for the purpose of this section is defined in Section 58-9-2200(1).
(3) 'Person' as defined in Section 58-9-10(4) includes a 'government-owned telecommunications service provider'.
Section 58-9-2620. (A) Notwithstanding any other provision of law, a government-owned telecommunications service provider shall:
(1) be subject to the same local, state, and federal regulatory, statutory, and other legal requirements that nongovernment-owned telecommunications service providers are subject to, including regulation by the Public Service Commission;
(2) not be the recipient of any financial benefits of any type that nongovernment-owned telecommunications service providers are not recipients of including, but not limited to, tax exemptions, governmental subsidies of any type, or tax exempt financing;
(3) not be permitted to subsidize the cost of providing telecommunications service with funds from any other nontelecommunications service, operation, or other revenue source. If a determination is made that a direct or indirect subsidy has occurred, the government-owned telecommunications service provider immediately shall increase prices for telecommunications service in a manner that ensures that the subsidy shall not continue, and any amounts used directly or indirectly to subsidize the past operations shall be reimbursed to the general treasury of the appropriate state or local government;
(4) impute, in calculating the cost incurred and in the rates to be charged for the provision of telecommunications services, the following:
(a) cost of capital component, including depreciation expense, that is the equivalent to the cost of capital available to nongovernment-owned telecommunications service providers in the same state or locality, and
(b) an amount equal to all taxes, licenses, fees, and other assessments applicable to a nongovernment-owned telecommunications provider including, but not limited to, federal, state, and local taxes, rights-of-way franchise consent, or administrative fees, and pole attachment fees.
(5) keep separate books and separately account for the revenues, expenses, property, and source of investment dollars associated with the provision of telecommunications service; and
(6) be required to prepare and publish an independent annual audit in accordance with generally accepted accounting principles that reflects the full cost of providing the service, including all direct and indirect costs. The indirect costs shall include, but are not limited to, amounts for rights-of-way franchise, consent, or administrative fees, regulatory fees, occupation taxes, pole attachment fees, and ad valorem taxes. The annual accounting must reflect any direct or indirect subsidies received by the government-owned telecommunications provider. Records demonstrating compliance with the provisions of this section shall be filed with the Public Service Commission and be made available for public inspection and copying. The compliance shall be overseen by the Public Service Commission pursuant to and not inconsistent with its power and jurisdiction set forth by law including Section 58-3-140.
(7) The term 'public' means the public generally or any limited portion of the public, including a person or corporation. The term 'public' excludes governmental agencies or entities when they receive telecommunications service from the Budget and Control Board pursuant to its statutory authority or other legal requirements;
Section 58-9-2630. (A) A government-owned telecommunications service provider shall pay or collect taxes each year in a manner equivalent to taxes paid by nongovernment-owned telecommunications service providers through payment of the following:
(1) all state taxes, including corporate income taxes, under Section 12-6-530 and utility license taxes under Section 12-20-100;
(2) all local taxes, including local business license taxes, under Section 58-9-2230, together with any franchise fees and other local taxes and fees, including impact, user, service, or permit fees, pole rental fees, and rights-of-way, franchise, consent, or administrative fees; and
(3) all property taxes on otherwise exempt real and personal property that are directly used in the provision of telecommunication services.
(B) A government-owned telecommunications service provider shall be required to compute, collect, and remit taxes in the same manner as a nongovernment-owned telecommunications service provider and shall be entitled to the same deductions.
(C) A government-owned telecommunications service provider shall remit to the Department of Revenue any local tax or fee that it imposes and would otherwise be entitled to retain, and the Department of Revenue shall deposit these monies into the general fund and have the same rights and responsibilities as the local government entity to collect, audit, or contest the amount of the taxes paid.
(D) The taxpayer confidentiality provisions contained in Title 12 shall not apply to government-owned telecommunications service providers.
Section 58-9-2650. The Department of Insurance must determine the South Carolina average market rate for private sector liability insurance for telecommunications operations. In order to have government-owned and nongovernment-owned telecommunications service providers in the same competitive position, to the extent possible, the rate paid for liability insurance for government-owned telecommunications operations must be equal to or greater than the average market rate for private sector liability insurance in South Carolina as determined by the Department of Insurance. To the extent that any government-owned telecommunications service provider pays less than the average market rate for this insurance established by the Department of Insurance, the difference shall be remitted by the government-owned telecommunications service provider to the State Treasurer for deposit in the state general fund.
SECTION 2. Section 58-5-30 of the 1976 Code is amended to read:
"Section 58-5-30. Nothing Except as provided in Article 23, Chapter 9 of Title 58, nothing contained in Articles 1, 3, and 5 of this chapter shall give the commission any power to regulate or interfere with public utilities owned or operated by or on behalf of any municipality or regional transportation authority (as defined in Chapter 25 of this title) or their agencies."
SECTION 3. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, the holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. CATO explained the amendment.
Rep. STUART objected to the Bill.
Reps. RICE, COBB-HUNTER, KENNEDY, DAVENPORT, GOVAN and MACK requested debate on the Bill.
The following Bill was taken up:
S. 42 (Word version) -- Senators J. V. Smith, Giese, Reese and Branton: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 SO AS TO PLACE THE STATE ATHLETIC COMMISSION UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS AND COMMISSIONS UNDER THE ADMINISTRATION OF THE DEPARTMENT AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF VARIOUS ATHLETES AND ATHLETIC EVENTS; AND TO REPEAL CHAPTER 7, TITLE 52, RELATING TO THE STATE ATHLETIC COMMISSION AND TO COUNTY ATHLETIC COMMISSIONS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\ 11737AC02):
Amend the bill, as and if amended, Section 40-81-20(1), page 2, line 6, by deleting /or showing/. So when amended Section 40-81-20(1) reads:
/ Section 40-81-20. For the purpose of this chapter:
(1) 'Admissions' means the amount paid for seats to witness an event or exhibition or any fee charged for presenting an event or exhibition including, but not limited to, complimentary tickets given in exchange for services. This term does not include admission for contestants, officials, representatives of the commission, and the media./
Amend the bill further, Section 40-81-20(26), page 4, line 10 by deleting /shows,/. So when amended Section 40-81-20(26) reads:
/ (26) 'Promoter' means a person, club, corporation, organization, or association which promotes, advertises, presents, conducts, holds, or gives a boxing, kick boxing, or wrestling event or exhibition in this State./
Amend the bill further, Section 40-81-50(A), page 5, line 29 by deleting /with the advise and consent of the Senate/. So when amended Section 40-81-50(A) reads:
/ (A) There is created the State Athletic Commission consisting of nine members appointed by the Governor to regulate boxing, kick boxing, wrestling, and other combative sports in this State whether in person or via closed circuit television. One member must be appointed from each congressional district of the State and one from the State at large. The Governor also shall appoint two physicians licensed and in good standing in the State. The terms of the members are for four years and until their successors are appointed and qualified. Vacancies must be filled by the Governor for the remainder of an unexpired term. The commissioners of the State Athletic Commission may not have any financial interest, direct or indirect, in the promotion, management, or result of any boxing, kick boxing, or wrestling event or exhibition./
Amend the bill further, by adding an appropriately numbered SECTION to read:
/SECTION __. A. Chapter 58, Title 40 of the 1976 Code is amended to read:
Section 40-58-10. (A) This chapter may be cited as the Licensing Requirements Act of Certain Loan Brokers of Mortgages on Residential Real Property.
(B) No person, partnership, corporation, banking organization, or other organization shall broker a residential mortgage loan as defined in this chapter unless the broker of the mortgage loan:
(1) is an exempt person or organization as defined by Section 40-58-20(5); or
(2) has complied with the provisions of this chapter.
Section 40-58-20. As used in this chapter:
(1) 'Mortgage loan' means a loan to a natural person made primarily for personal, family, or household use primarily secured by a mortgage on residential real property.
(2) 'Residential real property' means real property located in this State upon which there is located or there is to be located one or more single family, owner-occupied dwellings or dwelling units.
(3) 'Mortgage loan broker' means a person or organization in the business of soliciting, processing, placing, or negotiating mortgage loans for others or offering to process, place, or negotiate mortgage loans for others. Mortgage loan broker also includes a person or organization who brings borrowers or lenders together to obtain mortgage loans or renders a settlement service as described in 24 CFR Part 3500.2(a)(16)(ii).
(4) 'Soliciting, processing, placing, or negotiating a mortgage loan' means for compensation or gain, either directly or indirectly, accepting or offering to accept an application for a mortgage loan, assisting or offering to assist in the processing of an application for a mortgage loan, soliciting or offering to solicit a mortgage loan on behalf of a third party, or negotiating or offering to negotiate the terms or conditions of a mortgage loan with a lender on behalf of a third party.
(5) 'Exempt person or organization' means:
(a) a bank, bank holding company, credit union, savings and loan association, savings and loan association holding company, their affiliates and subsidiaries, a supervised licensed lender under Title 37 and a restricted lender under Title 34 and their affiliates and subsidiaries, a Department of Housing and Urban Development or Federal Housing Administration approved mortgagee authorized, chartered, licensed, or approved under the laws of this State or of the United States or an instrumentality of them; or persons or organizations which sell or place all of their conventional mortgage loans on real property with federally insured and/or regulated financial institutions including, but not limited to, banks, savings and loan associations, and credit unions.
(b) an attorney at law licensed to practice law in South Carolina who is not engaged principally in negotiating mortgage loans when the attorney renders services in the course of his practice as an attorney at law;
(c) a person employed by an organization defined in subitem (a) of this item;
(d) title company which is qualified to issue title insurance, directly or through its agents.
(6) 'Licensee' means a person or organization who is licensed pursuant to Section 40-58-50 which engages in the business of soliciting, processing, placing, or negotiating mortgage loans for others or offering to process, place, or negotiate mortgage loans for others.
(7) 'Administrator' means the Administrator of the Department of Consumer Affairs of this State.
(8) 'RESPA' means the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq., as amended.
(9) 'Recasting' means a promise for an individual to recoup a home sold to a third party with the intent of the original seller to rent back the property for a specific time at which the original seller will have the option to purchase the property back at a specific price. The specific period of time would normally be one year.
(10) 'HUD' means the Department of Housing and Urban Development.
(11) 'Department' means the South Carolina Department of Consumer Affairs.
(12) 'Regular business hours' means open for business not less than thirty hours a week, Monday through Friday.
(13) 'Satellite office' means a location at which a mortgage broker may conduct mortgage loan broker business other than at a location that is open for regular business hours and is not required to be staffed full-time by one or more employees who have the authority to contract on behalf of the broker and to accept service on behalf of the broker.
(14) 'Originator' means an employee of a mortgage loan broker whose primary job responsibilities include direct contact with and informing loan applicants of the rates, terms, disclosure, and other aspects of the mortgage. It does not mean an employee whose primary job responsibilities are clerical in nature, such as processing the loan.
Section 40-58-30. (A) No mortgage loan broker, as defined in Section 40-58-20(3), may engage in the business of processing, placing, or negotiating a mortgage loan or offering to process, place, or negotiate a mortgage loan in this State without first being licensed with the administrator.
(B) Notwithstanding subsection (A) of this section, the provisions of this chapter do not apply to an exempt person or organization as defined in Section 40-58-20(5).
Section 40-58-40. No person or organization may offer or agree to offer loan brokerage services in this State without first depositing and continuously maintaining the amount of ten thousand dollars in cash or securities approved by the administrator or a bond in the amount of ten thousand dollars executed by a surety company authorized by the laws of this State to transact business within this State. The bond must be executed to the State of South Carolina and must be for the use of the State and for any consumers who may have a cause of action against the loan broker.
Section 40-58-50. (A) An application to become licensed as a mortgage loan broker must be in writing, under oath, and in a form prescribed by the department. The application must contain the name and complete business and residential address or addresses of the applicant or, if the applicant is a partnership, association, limited liability company, corporation, or other form of business organization, the names and complete business and residential addresses of each member, director, and principal officer and a list of all employees who engage in direct loan brokerage activity.
(B) The application must include an affirmation of financial solvency noting bonding requirements required by the department and the descriptions of the business activities, financial responsibility, educational background, and general character and fitness of the applicant as required by this chapter. The application must be accompanied by a fee, payable to the department, of five hundred fifty dollars.
(C) An applicant must have at least two years' experience working as an originator under the supervision of a mortgage loan broker before his initial license is issued.
(1) In lieu of a showing of two years' experience, an applicant may show proof of two years' employment with a federally insured depository institution, or a VA, FHA, or HUD approved mortgagee during which the applicant was actively engaged in originating residential mortgage loans.
(2) In lieu of one of the required years' experience, an applicant may show proof of the equivalent of six or more semester hours of satisfactorily completed course work in real estate finance, real estate law, or the like counting toward the successful completion of a degree that is baccalaureate level or more advanced with a major or minor in finance, accounting, business administration, real estate finance economics, or similar baccalaureate or more advanced degree approved by the administrator or the administrator's designee from an accredited college or university.
(3) However, all mortgage loan brokers properly licensed as a mortgage loan broker before October 1, 1998, may act as mortgage loan brokers after that date without regard to the experience or education requirement of this subsection if they maintain compliance with the continuing professional education requirements of Section 40-58-67 and otherwise comply with this chapter.
Section 40-58-55. The department may refuse to license an applicant or refuse to renew a license if it finds, after notice and a hearing pursuant to the Administrative Procedures Act, that the applicant or his agent has:
(1) violated a provision of this chapter or an order of the department;
(2) withheld material information in connection with an application for a license or its renewal, or made a material misstatement in connection with the application;
(3) been convicted of a felony or of an offense involving breach of trust, moral turpitude, fraud, or dishonest dealing within the past ten years. Any person who is in business as a mortgage loan broker or is an agent of a broker before October 1, 1998, and who has been convicted of a felony or an offense involving breach of trust, moral turpitude, fraud, or dishonest dealing within the past ten years may continue in business as a mortgage loan broker or agent, but if a mortgage loan broker or an agent of a broker is convicted of the above-referenced offenses on or after October 1, 1998, that person shall be subject to the provisions of this chapter.
Section 40-58-60. (A) Upon the filing of an application for a license, if the department finds that the financial responsibility, experience, character, and general fitness of the applicant, and of the members if the applicant is a copartnership, association, or limited liability company, and of the officers and directors if the applicant is a corporation, are such as to command the confidence of the community and to warrant belief that the business may be operated honestly, fairly, and efficiently according to the purposes of this chapter, it shall license the applicant as a mortgage loan broker and issue a license. If the department does not so find, it shall refuse to license the applicant and shall notify him of the denial.
(B) Upon the receipt of the license, a mortgage loan broker is authorized to engage in the business for which the license was issued.
(C) Each license issued to a licensee must state the address or addresses at which the business is to be conducted and must state fully the name of the licensee and the date of the license. A copy of the license must be posted prominently in each place of business of the licensee. The license is not transferable or assignable.
Section 40-58-65. (A) A person licensed pursuant to this chapter must maintain at his usual place of business books, records, and documents pertaining to the business conducted, to enable the department to determine compliance with this chapter. A licensee with two or more licensed offices may consolidate the records at any one of the licensed offices. The records must be available for examination to the administrator or his designee upon request. Books and records must be maintained for at least three years.
(B) A mortgage broker doing business in this State shall maintain a sufficient physical presence in this State and his records must be maintained at the licensed location in this State. At a minimum, the broker shall maintain an official place of business open during regular business hours, staffed by one or more employees who have the authority to contract on behalf of the broker and to accept service on behalf of the broker. If the official place of business is not open for business within the hours of 8:30 A.M. until 5:00 P.M., Monday through Friday, the broker shall notify the department in writing of the business hours maintained by the broker's official place of business.
(C) A licensed mortgage loan broker with an official place of business within South Carolina also may maintain one or more satellite offices provided that the:
(1) mortgage loan broker notifies the department in writing ten days before the opening of a satellite office of the location of the satellite office and notifies the department that all records from the satellite office are stored in a main or branch location in this State which is staffed by one or more employees during regular business hours;
(2) records of any pending mortgage loan application or records in which a loan closing is still in process are made available at the mortgage loan broker's main or branch location as provided in item (1) to the administrator or his designee within two business days of a written request delivered by facsimile transmission, mail, or hand-delivery by the administrator or his designee;
(3) broker notifies the department in writing within two business days of closing a satellite office.
(D) The department, at its discretion, may examine the books and records of a licensee and other specified documents to determine whether there has been substantial compliance with this chapter. Unless there is reason to believe a violation of this chapter has occurred, examinations must be limited to one each year. Records and information obtained by the department during an examination are confidential and the department must certify that it is in compliance with the Right to Financial Privacy Act (RFPA).
(E) If the mortgage loan broker fails to notify the department of the existence or closing of a satellite office, the actual operating hours of the main or branch offices where records are kept, or the whereabouts of its records, the broker is subject to a penalty of not less than fifty dollars and not more than two hundred fifty dollars. If after the assessment of such a fine within a one-year period, the administrator finds that additional violations of this section are both intentional and repeated, the mortgage loan broker is subject to all of the remedies for violations of this chapter set forth in Section 40-58-80.
Section 40-58-67. Effective for license years beginning after September 30, 1998, all licensed mortgage loan brokers must complete at least eight hours of continuing professional education annually. If the licensed mortgage loan broker is a sole proprietorship or partnership, any owners and partners must complete the required eight hours of continuing professional education annually. If the licensed mortgage loan broker is a limited liability company or corporation, any member or president, chief executive officer, or other officer who has ownership interest of twenty-five percent or greater and who actively participates in the broker entity must complete the required eight hours of continuing professional education annually. Up to eight hours of continuing professional education may be carried forward from one year to the next year; for the license year beginning October 1, 1998, up to eight hours of continuing professional education taken in the preceding twelve months may be carried forward. The continuing professional education completed must be reported to the department annually on a form approved by it showing the date and title of the courses taken, the teacher or sponsor of the course taken, and the hours of continuing professional education claimed for the course. If the course is taught in a classroom setting, fifty minutes of classroom contact shall equal one hour of continuing professional education. Course sponsors must maintain records of attendees for two years after the course. As used in this chapter, 'actively participates' means engaging in direct loan brokering activity as defined in Section 40-58-20(3) and (4).
Documentation of attendance at the courses or correspondence courses completed must be maintained by the mortgage loan broker and shall consist of a certificate of completion issued by the teacher or sponsor of the course showing the recommended number of hours of continuing professional education. This documentation is subject to inspection by the department for up to two years after the date of the course. Courses offered by the National Association of Mortgage Brokers, the South Carolina Mortgage Brokers Association, the department or courses related to real estate law or related law topics, appraisals, mortgage lending, financial management, financial planning, or mortgage processing are considered to qualify for continuing professional education. The department shall offer continuing professional education courses to assist mortgage loan brokers in obtaining the continuing professional education required by this chapter.
The department shall appoint two mortgage loan brokers and one representative of the department to a panel for two-year terms to approve any courses questioned as to their qualifications as continuing professional education. The panel may conduct its meetings via conference call. The department shall develop a questionnaire to ascertain the interest and background of potential members of this panel.
If a mortgage loan broker fails to complete his continuing professional education in a timely manner, his license shall expire and the licensee shall pay a penalty not in excess of one hundred dollars in order to renew the license.
However, the mortgage loan broker may request an administrative hearing to appeal the expiration of his license for failure to complete continuing professional education requirements. A license may be renewed without penalty within thirty days after the expiration if the broker completes his professional education requirements.
Section 40-58-70. Mortgage loan brokers may not:
(1) misrepresent the material facts or make false promises likely to influence, persuade, or induce an applicant for a mortgage loan or a mortgagor to take a mortgage loan. This includes presenting the broker in the guise of a lender or pursuing a course of misrepresentation through agents or otherwise;
(2) intentionally misrepresent or conceal a material factor, term, or condition of a transaction to which he is a party, pertinent to an applicant for a mortgage loan or a mortgagor;
(3) engage in a transaction, practice, or course of business which is unconscionable in light of the regular practices of a mortgage loan broker, or which operates a fraud upon a person, in connection with the making of or purchase or sale of a mortgage loan;
(4) fail to use due diligence and make reasonable efforts to procure a loan on behalf of a borrower;
(5) collect any third party fees before a conditional loan commitment is obtained by the mortgage broker with the exception of normal processing expenses associated with the making of mortgage loans as authorized or allowed by FNMA, FHLMC, FHA, VA, or any additional fees authorized or allowed by the department;
(6) engage in recasting unless the applicant obtains the advice and counsel of a licensed attorney who is independent to the transaction. No party to a transaction, other than the consumer, may recommend, retain, or influence the selection of independent counsel. An applicant for recasting shall provide to the broker a document identifying the applicant, provide a brief summary of the proposed transaction, and a written statement from an attorney certifying that the applicant has been advised of the potential consequences of recasting.
Section 40-58-75. (A) Within three business days of the receipt of an application for a loan, the broker must disclose in a statement the total estimated charges to the borrower for the loan and an itemization of the charges provided if required under RESPA. The disclosure is considered delivered when deposited with United States Postal Service for first class delivery.
(B) No person may earn a mortgage broker's fee unless the person meets the requirements of this chapter, is authorized to conduct mortgage brokerage services by this chapter, or is exempt from the requirements of this chapter.
(C) All fees earned for services rendered as a mortgage broker must be disclosed to the applicant by the mortgage broker as required by RESPA.
Section 40-58-80. (A) Upon the finding that an action of a mortgage loan broker may be in violation of this chapter, or of a law or regulation of this State or of the federal government or an agency of them, the department, after reasonable notice to the mortgage loan broker and an opportunity for the mortgage loan broker to be heard, shall order it to cease and desist from the action.
(B) If the mortgage loan broker fails to appeal the cease and desist order of the department in accordance with Section 40-58-90 and continues to engage in the action in violation of the department's order, he is subject to a penalty of not less than one thousand nor more than two thousand five hundred dollars, in the discretion of the department, for each action he takes in violation of the department's order. The penalty provision of this section is in addition to and not instead of other provisions of law applicable to a mortgage loan broker for the mortgage loan broker's failure to comply with an order of the department.
(C) The department, upon the finding that a mortgage loan broker has engaged intentionally or repeatedly in a course of conduct in violation of this chapter, may revoke the license of the mortgage loan broker temporarily or permanently in its discretion after reasonable notice to the broker and an opportunity for the broker to be heard and may increase the required bond up to a maximum of twenty-five thousand dollars to ensure that the public is protected adequately. The department also may impose upon persons violating the provisions of this chapter administrative fines of not more than five hundred dollars for each offense or not more than five thousand dollars for the same set of transactions or occurrences. Each violation constitutes a separate offense. The department, if it determines that the required bond must be increased, shall state in writing the reasons for the increase and immediately serve it upon the mortgage loan broker. The mortgage loan broker shall provide the new bond within thirty days or the department shall revoke the license of the mortgage loan broker.
(D) A person who violates a provision of this chapter is guilty of a misdemeanor, and upon conviction, must be fined not more than five hundred dollars or imprisoned not more than six months, or both.
(E) Nothing in this chapter limits a statutory or common law right of a person to bring an action in a court for an act or the right of the State to punish a person for a violation of a law.
(F) The administrator of the department may suspend the right of an individual to engage in mortgage loan broker activity after finding that an employee of a licensed mortgage loan broker has failed to comply with a provision of this chapter.
Section 40-58-90. An aggrieved party, within thirty days after the final decision of the department and by written notice to the department, may appeal to the circuit court of the county where the appellant resides as provided by Article 3, Chapter 23 of Title 1, the Administrative Procedures Act.
Section 40-58-100. The department may promulgate regulations necessary to effectuate the purposes of this chapter.
Section 40-58-110. (A) In addition to the initial license application fee of five hundred fifty dollars required by Section 40-58-50, first time licensees also shall pay a one-time, nonrefundable processing fee of two hundred dollars. Thereafter, a licensee shall pay an annual renewal fee of five hundred fifty dollars. A licensee shall pay an initial fee of one hundred fifty dollars and, thereafter, a renewal fee of one hundred fifty dollars for each satellite location. The broker shall notify the department in writing ten days before opening a new, official branch or satellite location. No initial fee is required when the licensee notifies the department of a change in address for an official branch or satellite location.
(B) The term of each license is one year. Licenses issued under this chapter expire on September thirtieth each year and must be renewed in accordance with the provisions of this section.
(C) Failure to renew a license within thirty days of its expiration results in the license being canceled by the department. A license may be renewed after the thirty-day grace period provided the renewal is accompanied by a late penalty of two hundred fifty dollars in addition to the five hundred fifty dollar license renewal fee. All renewable applications must contain information required by the department. All fees collected by the department pursuant to this chapter must be used to implement the provisions of this chapter.
Section 40-58-2. This chapter may be cited as the 'Licensing Requirements Act of Certain Loan Brokers of Mortgages on Residential Real Property'.
Section 40-58-5. Unless otherwise provided for in this chapter, Article 1, Chapter 1, Title 40 applies to mortgage loan brokers. However, if there is a conflict between this chapter and Article 1, Chapter 1, Title 40, the provisions of this chapter control.
Section 40-58-10. There is created the South Carolina Mortgage Loan Brokers Board under the administration of the Department of Labor, Licensing and Regulation.
The board consists of four mortgage loan brokers, each of whom must have five years or more experience and hold a valid license issued under this chapter, one realtor who is a real estate broker or real estate appraiser, one representative of a financial institution, and one member of the public. No member may have an ownership interest in any business entity that provides or procures continuing professional education courses, programs, or seminars for mortgage loan brokers. All members must be appointed by the Governor. Nominations for the appointment to the board may be submitted to the Governor from a group, individual, or association and must be considered in accordance with Section 40-1-45. Members shall serve terms of four years with no more than two consecutive terms and until a successor has been appointed and qualifies. A vacancy on the board must be filled for the remainder of the unexpired term in the manner of the original appointment.
The Governor may remove a member of the board in accordance with Section 1-3-240.
Section 40-58-20. As used in this chapter:
(1) 'Director' means the Director of the Department of Labor, Licensing and Regulation or the director's designee.
(2) 'Department' means the South Carolina Department of Labor, Licensing and Regulation.
(3) 'FHA' means the Federal Housing Administration.
(4) 'HUD' means the Department of Housing and Urban Development.
(5) 'Licensee' means an individual licensed pursuant to this chapter engaging in the business of soliciting, processing, placing, or negotiating mortgage loans for others or offering to process, place, or negotiate mortgage loans for others and who has final loan decision authority.
(6) 'Mortgage loan' means a loan to a natural person made primarily for personal, family, or household use primarily secured by a mortgage on residential real property.
(7) 'Mortgage loan broker' or 'broker' means an individual in the business of soliciting, processing, placing, or negotiating mortgage loans for others or offering to process, place, or negotiate mortgage loans for others and who has final loan decision authority. 'Mortgage loan broker' also includes an individual who brings borrowers or lenders together to obtain mortgage loans or renders a settlement service as described in 24 CFR Part 3500.2(a)(16)(ii).
(8) 'Mortgage loan brokerage office' means a firm, partnership, association, corporation, or other form of business registered by the department for the purpose of soliciting, processing, placing, or negotiating mortgage loans and that is staffed by at least one licensed mortgage loan broker.
(9) 'Originator' means an employee of a mortgage loan broker whose primary job responsibilities include direct contact with and informing loan applicants of the rates, terms, disclosure, and other aspects of the mortgage. It does not mean an employee whose primary job responsibilities are clerical in nature, such as processing the loan.
(10) 'Recasting' means a promise for an individual to recoup a home sold to a third party with the intent of the original seller to rent back the property for a specific time at which the original seller will have the option to purchase the property back at a specific price. The specific period of time would normally be one year.
(11) 'Residential real property' means real property located in this State upon which there is located or there is to be located one or more single family, owner-occupied dwellings or dwelling units.
(12) 'RESPA' means the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq., as amended.
(13) 'Satellite office' means a location at which a mortgage broker may conduct mortgage loan broker business other than at a location that is open for regular business hours and is not required to be staffed full time.
(14) 'Soliciting, processing, placing, or negotiating a mortgage loan' means for compensation or gain, either directly or indirectly, accepting or offering to accept an application for a mortgage loan, assisting or offering to assist in the processing of an application for a mortgage loan, soliciting or offering to solicit a mortgage loan on behalf of a third party, or negotiating or offering to negotiate the terms or conditions of a mortgage loan with a lender on behalf of a third party.
(15) 'VA' means the Veteran's Administration.
Section 40-58-30. (A) No individual may act as a mortgage loan broker engaging in the business of soliciting, processing, placing, or negotiating a mortgage loan in this State without first being licensed pursuant to this chapter.
(B) Notwithstanding subsection (A), this chapter does not apply to:
(1) a bank, bank holding company, credit union, savings and loan association, savings and loan association holding company, their affiliates and subsidiaries, a supervised licensed lender under Title 37 and a restricted lender under Title 34 and their affiliates and subsidiaries, a HUD or FHA approved mortgagee authorized, chartered, licensed, or approved under the laws of this State or of the United States or an instrumentality of them; or persons or organizations which sell or place all of their conventional mortgage loans on real property with federally insured or regulated financial institutions including, but not limited to, banks, savings and loan associations, and credit unions;
(2) a person employed by an organization set forth in item (1); a title company which is qualified to issue title insurance, directly or through its agents;
(3) an attorney at law licensed to practice law in South Carolina who is not engaged principally in negotiating mortgage loans when the attorney renders services in the course of his practice as an attorney at law; and
(4) an individual employed by and solely responsible to a licensed mortgage loan broker and who prepares supporting documentation and performs ministerial functions pursuant to specific instructions of the licensee but who may not exercise independent discretion or judgment regarding a final loan decision or hold himself out to the public as a mortgage loan broker.
Section 40-58-50. (A) In addition to an initial license application fee of twenty-five dollars, the applicant shall pay a license fee not to exceed eight hundred dollars biennially.
(B) The fee required to register each mortgage loan brokerage office or satellite office is fifty dollars biennially.
(C) Application, license, and registration fees are payable to the department in advance and must accompany a license application. Application fees are nonrefundable.
Section 40-58-60. (A) The board annually shall elect from among its members a chairman, vice-chairman, and other officers as the board determines necessary. The board shall adopt rules and procedures reasonably necessary for the performance of its duties and the governance of its operations and proceedings.
(B) The board shall meet upon the call of the chairman or the department.
(C) Four members of the board constitute a quorum; however, if there is a vacancy on the board, a majority of the members serving constitutes a quorum.
(D) Any business conducted by the board must be by a positive majority vote. For purposes of this subsection, 'positive majority vote' means a majority vote of the entire membership of the board, reduced by any vacancies existing at the time.
Section 40-58-70. (A) The board shall:
(1) advise the department on matters relating to the regulation and issuance of licenses to mortgage loan brokers and on policies necessary to carry out this chapter; and
(2) hear disciplinary actions against licensees as authorized under this chapter and may impose penalties and sanctions pursuant to this chapter.
(B) The board has only those powers and duties provided for in this section and as is otherwise specifically set forth in this chapter.
Section 40-58-80. For the purpose of conducting an investigation or proceeding under this chapter, the department may subpoena witnesses, take evidence, and require the production of any documents or records which is considered relevant to the inquiry.
Section 40-58-90. (A) If, from the results of an investigation by the department, it appears that a violation has occurred or that a licensee has become unfit to practice as a mortgage loan broker, the board, in accordance with the Administrative Procedures Act, may take disciplinary action authorized by Section 40-1-120. No disciplinary action may be taken unless the matter is presented to and voted upon by the board. The board may designate a hearing officer or hearing panel to conduct hearings or take other action as may be necessary under this section.
(B) For the purpose of a proceeding under this chapter, the department may administer oaths and issue subpoenas for the attendance and testimony of witnesses and the production and examination of books, papers, and records on behalf of the board or, upon request, on behalf of a party to the case. Upon failure to obey a subpoena or to answer questions propounded by the board or its hearing officer or panel, the department may apply to an administrative law judge for an order requiring the individual to comply with the subpoena.
Section 40-58-100. (A) When the department has reason to believe that a mortgage loan broker is violating or intends to violate a provision of this chapter or a regulation promulgated under this chapter, in addition to all other remedies, it may order the broker immediately to cease and desist from engaging in the conduct. If the individual is practicing as a mortgage loan broker without being licensed under this chapter, is violating a board or department order, a provision of this chapter, or a regulation promulgated under this chapter, the department also may apply, in accordance with the rules of the Administrative Law Judge Division, to an administrative law judge for a cease and desist order.
(B) If the mortgage loan broker fails to appeal the cease and desist order of the department and continues to engage in the action in violation of the department's order, the broker is subject to a penalty to be imposed by the department of not less than one thousand dollars and not more than two thousand, five hundred dollars for each action taken in violation of the department's order. This penalty is in addition to other provisions of law applicable to a mortgage loan broker for the broker's failure to comply with an order of the department.
(C) The department may seek from an administrative law judge other equitable relief to enjoin the violation or intended violation of this chapter or a regulation promulgated under this chapter.
(D) The director, an employee of the department, or a member of the board may not be held liable for damages resulting from a wrongful cease and desist order.
Section 40-58-110. (A) In addition to grounds for disciplinary action as set forth in Section 40-1-110 and in accordance with Section 40-58-120, the board may take disciplinary action against a licensee who:
(1) violates federal or state laws relating to practicing as a mortgage loan broker;
(2) violates a provision of this chapter or an order issued under this chapter or a regulation promulgated under this chapter;
(3) fraudulently or deceptively attempts to use, obtain, alter, sell, or barter a license;
(4) aids or abets a person who is not a licensed mortgage loan broker in illegally practicing as a mortgage loan broker within this State;
(5) participates in the fraudulent procurement or renewal of a license for himself or another person or allows another person to use his license;
(6) commits fraud or deceit in practicing as a mortgage loan broker including, but not limited to:
(a) using or promoting or causing the use of any misleading, deceiving, or untruthful advertising matter, promotional literature, testimonial guarantee, warranty, label, brand insignia, or representation;
(b) wilfully making or filing a false report or record in practicing as a mortgage loan broker or in satisfying requirements of this chapter;
(c) submitting a false statement to collect a fee or obtaining a fee through fraud or misrepresentation;
(7) commits an act of dishonest, immoral, or unprofessional conduct while practicing as a mortgage loan broker including, but not limited to:
(a) engaging in illegal, incompetent, or negligent practice of a mortgage loan broker;
(b) providing professional services while mentally incompetent or under the influence of alcohol or drugs;
(8) is convicted of or pleads guilty or nolo contendere to a felony, a crime of moral turpitude, fraud, breach of trust, or violation of a federal, state, or local drug law;
(9) fails to report to the department, in writing by certified mail within ten days, a conviction, guilty plea, or plea of nolo contendere to any offense enumerated in this subsection;
(10) is disciplined by a licensing or disciplinary authority of another state, country, or nationally recognized professional organization or convicted of or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under this section;
(11) violates the code of ethics promulgated in regulation by the department;
(12) misrepresents material facts or makes false promises likely to influence, persuade, or induce an applicant for a mortgage loan or a mortgagor to take a mortgage loan, including presenting the broker in the guise of a lender or pursuing a course of misrepresentation through agents or otherwise;
(13) intentionally misrepresents or conceals a material factor, term, or condition of a transaction to which he is a party, pertinent to an applicant for a mortgage loan or a mortgagor;
(14) engages in a transaction, practice, or course of business which is unconscionable in light of the regular practices of a mortgage loan broker, or which perpetrates a fraud upon a person, in connection with the making of or purchase or sale of a mortgage loan;
(15) fails to use due diligence or make reasonable efforts to procure a loan on behalf of a borrower;
(16) collects any third party fees before a conditional loan commitment is obtained by the mortgage broker with the exception of normal processing expenses associated with the making of mortgage loans as authorized or allowed by the Federal National Mortgage Association, Federal Home Loan Mortgage Commission, or any additional fees authorized or allowed by the department; or
(17) engages in recasting unless the applicant obtains the advice and counsel of a licensed attorney who is independent to the transaction. No party to a transaction, other than the consumer, may recommend, retain, or influence the selection of independent counsel. An applicant for recasting shall provide to the broker a document identifying the applicant, a brief summary of the proposed transaction, and a written statement from an attorney certifying that the applicant has been advised of the potential consequences of recasting.
(B) The board may suspend the right of an individual to engage in mortgage loan broker activity after finding that an employee of a licensed mortgage loan broker has failed to comply with a provision of this chapter.
Section 40-58-115. The department and the board, as applicable, have jurisdiction over the actions of licensees and former licensees as provided to boards in Section 40-1-115.
Section 40-58-120. Upon a determination by the board that one or more of the grounds for discipline of a licensee exists, the board may impose sanctions provided for in Section 40-1-110 and Section 40-1-120 including imposing a fine of not more than one thousand dollars for each violation.
Section 40-58-130. The department may deny licensure or license renewal to an applicant who has committed an act that would be grounds for disciplinary action under this chapter or Section 40-1-110. The department must deny a license to an applicant who has failed to demonstrate the qualifications and standards for licensure contained in this chapter.
Section 40-58-140. The department may refuse to license an applicant or refuse to renew a license if it finds, after notice and a hearing pursuant to the Administrative Procedures Act, that the applicant has:
(1) violated a provision of this chapter or an order of the department;
(2) withheld material information in connection with an application for a license or its renewal or made a material misstatement in connection with the application; or
(3) been convicted of a felony or pled nolo contendere to an offense involving breach of trust, theft, fraud, or dishonest dealing within the past ten years. Any person who is in business as a mortgage loan broker or is an agent of a broker before October 1, 1998, and who has been convicted of a felony or an offense involving breach of trust, theft, fraud, or dishonest dealing within the past ten years may continue in business as a mortgage loan broker or agent, but if a mortgage loan broker or an agent of a broker is convicted of the above-referenced offenses on or after October 1, 1998, that person shall be subject to the provisions of this chapter.
Section 40-58-150. A licensee who is under investigation for a violation of this chapter or Section 40-1-110 may voluntarily surrender to the department his license to practice. The voluntary surrender invalidates the authorization to practice at the time of its relinquishment, and no individual whose authorization to practice is surrendered voluntarily may practice unless the department reinstates the license. An individual practicing as a mortgage loan broker during the period of voluntary surrender is considered engaging in unlawful practice and is subject to the penalties provided for in this chapter. The surrender of a license may not be considered an admission of guilt in a proceeding under this chapter and does not preclude the board from taking disciplinary action against the licensee as provided for in this chapter including, but not limited to, imposing conditions that must be met before the department reinstates the license.
Section 40-58-160. An individual aggrieved by an action of the department or the board may appeal the decision to an administrative law judge in accordance with Article 3, Chapter 23, Title 1, Administrative Procedures Act. Notice of appeal does not stay a decision of the department or the board pending completion of the appellate process.
Section 40-58-170. An individual found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
Section 40-58-180. (A) All costs and fines imposed pursuant to this chapter are due and payable immediately upon imposition or at the time indicated by final order of the board or department, as the case may be. Unless the costs and fines are paid within sixty days after the order becomes final, the order becomes a judgment and may be filed and executed upon in the same manner as a judgment in the court of common pleas, and the department may collect costs and attorneys' fees incurred in executing the judgment. Interest at the legal rate accrues on the amount due from the date imposed until the date paid.
(B) All fines and costs collected under this section must be remitted by the department to the State Treasurer and deposited in the general fund of the State.
Section 40-58-190. Communications made in connection with an investigation or hearing relevant to a complaint against a licensee are privileged as provided for in Section 40-1-190.
Section 40-58-200. An individual who practices or offers to practice as a mortgage loan broker in this State in violation of this chapter or a regulation promulgated under this chapter or who violates any other provision of this chapter or a regulation promulgated under this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than six months, or both.
Section 40-58-210. In addition to initiating a criminal proceeding for a violation of this chapter, the department may seek injunctive relief pursuant to Section 40-1-210.
Section 40-58-215. No person or organization may offer or agree to offer loan brokerage services in this State without first depositing and continuously maintaining the amount of ten thousand dollars in cash or securities approved by the director or a bond in the amount of ten thousand dollars executed by a surety company authorized by the laws of this State to transact business within this State. The bond must be executed to the State of South Carolina and must be for the use of the State and for any consumers who may have a cause of action against the loan broker.
Section 40-58-220. (A) An application to become licensed as a mortgage loan broker must be complete, in writing, under oath, and in a form prescribed by the department. The application must be accompanied by the appropriate fee.
(B) An applicant must have at least two years of verifiable experience working as an originator under the supervision of a mortgage loan broker before his initial license is issued. In lieu of two years of experience, an applicant may submit proof of two years of employment with a federally insured depository institution, financial institution, or a VA, FHA, or HUD approved mortgagee during which the applicant was actively engaged in originating residential mortgage loans.
In lieu of one of the required years of experience, an applicant may submit proof of the equivalent of six or more semester hours of satisfactorily completed course work in real estate finance, real estate law, or related courses toward a baccalaureate or advanced degree with a major or minor in finance, accounting, business administration, real estate finance economics, or a similar degree from an accredited college or university approved by the department.
(C) The term of each license is two years. Licenses issued under this chapter expire on September thirtieth and must be renewed by the licensee whether or not notice is received. A license which has not been renewed by its date of expiration is lapsed and may be reinstated within six months following expiration upon payment of the license renewal fee and a reinstatement penalty of twenty-five dollars a month for each month or part of a month.
(D) A license which has lapsed and has not been reinstated by the last day of the sixth month following expiration is canceled as of that day.
(E) A license issued under this chapter is nontransferable.
Section 40-58-230. (A) A mortgage loan broker must maintain books, records, and documents pertaining to the broker's business which may be consolidated at any one of the broker's offices. These books, records, and documents must be available for examination by the director upon request, and must be maintained for three years.
(B) A mortgage loan broker shall maintain a place of business in this State open at least thirty hours a week, Monday through Friday, staffed by one or more employees.
(C) A mortgage loan broker may maintain one or more satellite offices and shall notify the department in writing, ten days before opening a satellite office. The broker shall maintain closed records from the satellite office in an office staffed in accordance with subsection (B). Records of any pending mortgage loan application or records in which a loan closing is still in process at a satellite must be made available to the director within two business days of a written request delivered by facsimile transmission, mail, or hand-delivery by the director. The broker shall notify the department in writing within two business days of closing a satellite office.
(D) If a person files a written complaint with the board or the director charging a broker with a violation of this chapter, the director must examine the books, records, and other documents maintained pursuant to this section to determine if the broker has substantially complied with this chapter. The director may examine the books, records, and other documents maintained pursuant to this section to determine if the broker has substantially complied with this chapter. Unless there is reason to believe a violation of this chapter has occurred, such examinations must be limited to one each year. Records and information obtained by the department during an examination are confidential, and the department must certify that it is in compliance with the Right to Financial Privacy Act.
(E) If the mortgage loan broker fails to notify the department of the existence or closing of a satellite office or the whereabouts of its records, the broker is subject to a penalty of not less than fifty dollars and not more than two hundred fifty dollars. If after the assessment of such a fine within a one-year period, the director finds that additional violations of this section are both intentional and repeated, the mortgage loan broker is subject to penalties for violations of this chapter set forth in Section 40-58-120.
(F) In addition to the powers conferred upon the director pursuant to the provisions of this chapter, the director or his appointed designee within the department shall examine, on an unannounced basis, not less frequently than every two years the books, records, and other documents maintained pursuant to this section to determine if the broker has substantially complied with this chapter.
Section 40-58-240. (A) As a condition of license renewal an individual licensed as a mortgage loan broker must complete at least sixteen hours of continuing professional education biennially.
(B) Upon license renewal a licensee must certify that he has completed the required hours of continuing professional education. The licensee shall maintain copies of continuing professional education certificates of completion issued pursuant to subsection (C) which are subject to audit by the department. Up to eight hours of continuing professional education may be carried forward from one renewal period to the next.
(C) A course teacher or sponsor, including teachers or sponsors of correspondence courses, must issue an attendee a certificate of completion showing the completed number of hours of continuing professional education. If the course is taught in a classroom setting fifty minutes of classroom contact equal one hour of continuing professional education. Course sponsors shall maintain records of attendance for two years. For a course to qualify for continuing professional education hours it must be offered by the National Association of Mortgage Brokers or the South Carolina Mortgage Brokers Association, or it must be preapproved by the department pursuant to policies and procedures promulgated by the department in regulation and related to real estate law or related law topics, appraisals, mortgage lending, financial management, financial planning, or mortgage processing.
Section 40-58-250. (A) Within three business days of the receipt of an application for a loan, the broker must disclose in a statement the total estimated charges to the borrower for the loan and an itemization of the charges provided if required under RESPA. The disclosure is considered delivered when deposited with the United States Postal Service for first-class delivery.
(B) All fees earned for services rendered as a mortgage broker must be disclosed to the applicant by the mortgage broker as required by RESPA.
Section 40-58-260. Nothing in this chapter limits a statutory or common law right of a person to bring an action in a court for an act or the right of the State to punish a person for a violation of a law.
Section 40-58-270. If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable."
B. Of the initial appointments to the South Carolina Mortgage Loan Brokers Board, provided for in Section 40-58-10 of the 1976 Code, as amended in this Act, the Governor shall designate two members to serve terms of four years, two members to serve terms of three years, and two members to serve terms of two years. Subsequently appointed members shall serve terms of four years, as provided for in Section 40-58-10.
C. This section takes effect July 1, 2002./
Renumber sections to conform.
Amend totals and title to conform.
Rep. LAW explained the amendment.
Rep. F. N. SMITH raised the Point of Order that Amendment No. 1 was out of order under Rule 9.3 in that it was not germane to the Bill.
SPEAKER WILKINS stated that the amendment met the requirements of Rule 9.3 in that it was identical to a House Bill previously passed by the House during this session and reported out of the committee now offering it as an amendment and he overruled the Point of Order.
Rep. LAW continued speaking.
Reps. KENNEDY, KIRSH, LLOYD, J. H. NEAL, MACK, BREELAND and F. N. SMITH objected to the Bill.
Reps. CATO, LAW, SCARBOROUGH, EASTERDAY, TRIPP, VAUGHN, COTTY, HINSON, MERRILL and DANTZLER requested debate on the Bill.
The following Bill was taken up:
S. 1007 (Word version) -- Senators Bauer, Gregory, Ravenel, Ritchie, Branton, Hawkins, Fair, Hayes and Kuhn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-240 SO AS TO PROVIDE THAT MONIES FOR THE PREMIUMS FOR TORT LIABILITY INSURANCE FOR STATE CONSTABLES OBTAINED THROUGH THE OFFICE OF INSURANCE SERVICES OF THE BUDGET AND CONTROL BOARD AND FOR WORKERS' COMPENSATION INSURANCE MUST BE PROVIDED BY APPROPRIATIONS TO THE STATE LAW ENFORCEMENT DIVISION; AND SECTION 42-1-135 SO AS TO PROVIDE THAT THE TERM "EMPLOYEE" FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW INCLUDES ALL SOUTH CAROLINA STATE CONSTABLES WHILE PERFORMING DUTIES IN CONNECTION WITH THEIR APPOINTMENT; AND TO AMEND SECTION 42-7-65, AS AMENDED, RELATING TO THE DESIGNATION OF "AVERAGE WEEKLY WAGE" FOR CERTAIN CATEGORIES OF PERSONS FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO PROVIDE THAT THE AVERAGE WEEKLY WAGE FOR ALL VOLUNTEER STATE CONSTABLES SERVING WITHOUT COMPENSATION IS THIRTY-SEVEN AND ONE-HALF PERCENT OF THE AVERAGE WEEKLY WAGE IN THE STATE FOR THE PRECEDING FISCAL YEAR.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\ 9181ZW02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 42-1-130 of the 1976 Code, as last amended by Act 451 of 1996, is further amended to read:
"Section 42-1-130. The term 'employee' means every person engaged in an employment under any appointment, contract of hire, or apprenticeship, expressed or implied, oral or written, including aliens and also including minors, whether lawfully or unlawfully employed, but excluding a person whose employment is both casual and not in the course of the trade, business, profession, or occupation of his employer; and as relating to those employed by the State; the term 'employee' includes all volunteer South Carolina State Constables while performing duties in connection with their appointment as authorized by the State Law Enforcement Division and members of the South Carolina State and National Guard while performing duties in connection with the membership except duty performed pursuant to Title 10 and Title 32 of the United States Code, and all officers and employees of the State, except those elected by the people, or by the General Assembly, or appointed by the Governor, either with or without the confirmation of the Senate; and as relating to municipal corporations and political subdivisions of the State; the term 'employee' includes all officers and employees of municipal corporations and political subdivisions, except those elected by the people or elected by the council or other governing body of any municipal corporation or political subdivision, who act in purely administrative capacities and are to serve for a definite term of office. Any injured, when the employee is dead, includes also his legal representative, dependents, and other persons to whom compensation may be payable.
Any sole proprietor or partner of a business whose employees are eligible for benefits under this title may elect to be included as employees under the workers' compensation coverage of the business if they are actively engaged in the operation of the business and if the insurer is notified of their election to be included. Any sole proprietor or partner, upon such election, is entitled to employee benefits and is subject to employee responsibilities prescribed in this title."
SECTION 2. Section 42-7-65 of the 1976 Code, as last amended by Act 419 of 1998, is further amended to read:
"Section 42-7-65. Notwithstanding the provisions of Section 42-1-40, for the purpose of this title and while serving in this capacity, the total average weekly wage of the following categories of employees is the following:
(1) For all members of the State and National Guard, regardless of rank, seventy-five percent of the average weekly wage in the State for the preceding fiscal year, or the average weekly wage the service member would be entitled to, if any, if injured while performing his civilian employment, if the average weekly wage in his civilian employment is greater.
(2) For all voluntary firemen of organized voluntary rural fire units and voluntary municipal firemen, thirty-seven and one-half percent of the average weekly wage in the State for the preceding fiscal year.
(3) For all members of organized volunteer rescue squads, thirty-seven and one-half percent of the average weekly wage in the State for the preceding fiscal year.
(4) For all volunteer state constables while performing duties in connection with their appointment and as authorized by the State Law Enforcement Division and volunteer deputy sheriffs, thirty-seven and one-half percent of the average weekly wage in the State for the preceding fiscal year.
The wages provided in items (2), (3), and (4) of this section may not be increased as a basis for any computation of benefits because of employment other than as a volunteer. Persons in the categories provided by items (2), (3), and (4) must be notified of the limitation on average weekly wages prescribed in this section by the authority responsible for obtaining coverage under this title.
Volunteer firemen and rescue squad members are construed to mean members of organized units whose membership is certified to the municipal clerk or chairman of the council of the municipality or county in which their unit is based by the chief officer of the unit concerned. A volunteer state constable is a volunteer whose appointment is certified by the State Law Enforcement Division as having completed the requisite training to maintain an active commission. A volunteer deputy sheriff is a volunteer whose membership is certified by the sheriff to the governing body of the county. No volunteer deputy sheriff may be included under the provisions of this title unless approved by the governing body of the county or municipality. A voluntary constable appointed pursuant to Section 23-1-60 shall be included under the provisions of this title only while performing duties in connection with his appointment and as authorized by the State Law Enforcement Division and only if approved by the governing body of the entity using his services as a voluntary state constable. Notwithstanding any other provision of law, voluntary firemen of organized volunteer fire units and members of organized volunteer rescue squads are covered under this title by the county governing body unless the governing body of the county opts out of the coverage.
The average weekly wage for inmates of the State Department of Corrections as defined in Section 42-1-480 is forty dollars a week. The average weekly wage for county prisoners is forty dollars a week. The average weekly wage for students of high schools, state technical schools, and state-supported colleges and universities while engaged in work study, marketing education, or apprentice programs on the premises of private companies or while engaged in the Tech Prep or other structured school to work programs on the premises of a sponsoring employer is fifty percent of the average weekly wage in the State for the preceding fiscal year."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. LAW explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4957 (Word version) -- Rep. Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO REQUIRE THAT THE OFFICIAL FLAG OF THE NATIONAL LEAGUE OF FAMILIES OF AMERICAN PRISONERS AND MISSING IN SOUTHEAST ASIA BE FLOWN ATOP THE DOME OF THE STATE HOUSE AND ON THE GROUNDS OF OR ATOP ALL SOUTH CAROLINA STATE WELCOME CENTERS AND STATE OFFICE BUILDINGS ON CERTAIN DAYS.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\21356SD02), which was adopted:
Amend the bill, as and if amended, by striking Section 10-1-210 of the 1976 Code, as contained in SECTION 1, and inserting:
/ Section 10-1-210. Notwithstanding any other provision of law, the official flag of the National League of Families of American Prisoners and Missing in Southeast Asia, more commonly referred to as the POW/MIA flag, shall be flown on the grounds of or atop all South Carolina state welcome centers on the following days of each year:
(1) the first day of January - New Year's Day;
(2) the third Monday in February - President's Day;
(3) the second Sunday in May - Mother's Day;
(4) the third Saturday in May - Armed Forces Day;
(5) the last Monday of May - Memorial Day;
(6) the fourteenth day of June - Flag Day;
(7) the third Sunday in June - Father's Day;
(8) the fourth day of July - Independence Day;
(9) the seventh day of August - the anniversary of the establishment of the Purple Heart;
(10) the third Friday of September - POW/MIA Remembrance Day;
(11) the eleventh day of November - Veterans Day;
(12) the fourth Thursday in November - Thanksgiving Day; and
(13) the twenty-fifth day of December - Christmas Day. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. OWENS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 992 (Word version) -- Senator Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-71 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH A TASK FORCE TO RECOMMEND A UNIFORM BEGINNING DATE FOR THE ANNUAL SCHOOL TERM, TO PROVIDE THE DATES WHEN THE RECOMMENDATION OF THE TASK FORCE IS DUE, AND TO PROVIDE THAT THE STATE BOARD SHALL ADOPT AND THE SEVERAL SCHOOL DISTRICTS OF THIS STATE SHALL IMPLEMENT THE RECOMMENDATION FOR A BEGINNING DATE EFFECTIVE WITH THE 2003-2004 SCHOOL YEAR TO THE EXTENT THAT NO ANNUAL SCHOOL TERM IN ANY SCHOOL DISTRICT MAY BEGIN BEFORE THE RECOMMENDED STARTING DATE FOR SCHOOLS.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\ 22583CM02):
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 59-5-71. The State Board of Education is directed to establish a task force comprised of superintendents, principals, teachers, parents, school board members, and representatives of business and industry, including tourism-related industries, no later than July 1, 2002. This task force, to the extent possible, must be divided equally among proponents of existing or earlier starting dates for schools, proponents of later starting dates for schools, including proponents for dates after Labor Day, and persons who legitimately have no preferences. The task force shall make recommendations to the board including, but not limited to, a suggested uniform beginning date for the annual school term. Minimum necessary expenses, if any, associated with the work of this task force must be paid to the members. The task force shall report its findings to the State Board of Education no later than January 1, 2003."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. TOWNSEND explained the amendment.
Reps. KEEGAN, WITHERSPOON, EDGE, LOFTIS and DAVENPORT objected to the Bill.
Reps. VAUGHN, MERRILL, PERRY, MILLER, KIRSH, TOWNSEND, WALKER, CLYBURN, J. HINES and MARTIN requested debate on the Bill.
The following Bill was taken up:
S. 911 (Word version) -- Senator Pinckney: A BILL TO CONFIRM AND RATIFY ALL PROCEEDINGS OF THE TRUSTEES AND OFFICIALS OF THE JASPER COUNTY SCHOOL DISTRICT IN CALLING AND HOLDING A SPECIAL ELECTION ON SEPTEMBER 29, 2001, PURSUANT TO THE JASPER COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT, ON THE QUESTIONS OF ISSUING GENERAL OBLIGATION BONDS IN AN AMOUNT NOT EXCEEDING FORTY-FIVE MILLION NINE HUNDRED SIXTY-NINE THOUSAND NINE HUNDRED SIXTY-FIVE DOLLARS AND IMPOSING A ONE PERCENT SPECIAL SALES AND USE TAX FOR NOT MORE THAN TWENTY-FIVE YEARS, AND AUTHORIZING THE ISSUANCE OF THE BONDS AND THE IMPOSITION OF THE SALES TAX IN FURTHERANCE OF THE VOTE AT THE ELECTION.
Rep. RIVERS proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\21373SD02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The General Assembly pursuant to the provisions of this section hereby expresses its legislative intent that beginning at the end of the fifth day, Sundays excepted, after the ratification date of Act 146 of 2001 on June 7, 2001, absent a veto by the Governor, the qualified electors of Jasper County pursuant to Act 146 of 2001 were to be authorized to vote in a referendum on whether or not to impose an additional sales and use tax not to exceed one percent in the county to provide funding for school construction and renovation.
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. RIVERS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 12 (Word version) -- Senators Richardson, Mescher, Grooms, McConnell and Branton: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO FURTHER PROVIDE FOR THE ORGANIZATION, OPERATION, AND GOVERNANCE OF CHARTER SCHOOLS.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\ 11750AC02):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 40, Title 59 of the 1976 Code is amended to read:
Section 59-40-10. This chapter is known and may be cited as the 'South Carolina Charter Schools Act of 1996'.
Section 59-40-20. This chapter is enacted to:
(1) improve student learning;
(2) increase learning opportunities for students;
(3) encourage the use of a variety of productive teaching methods;
(4) establish new forms of accountability for schools;
(5) create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the school site; and
(6) assist South Carolina in reaching academic excellence.
Section 59-40-30. In authorizing charter schools, it is the intent of the General Assembly to create a legitimate avenue for parents, teachers, and community members to take responsible risks and create new, innovative, and more flexible ways of educating all children within the public school system. The General Assembly seeks to create an atmosphere in South Carolina's public school systems where research and development in producing different learning opportunities is actively pursued, and where classroom teachers are given the flexibility to innovate and the responsibility to be accountable. As such, the provisions of this chapter should be interpreted liberally to support the findings and goals of this chapter and to advance a renewed commitment by the State of South Carolina to the mission, goals, and diversity of public education.
Section 59-40-40. As used in this chapter:
(1) A 'charter school' means a public, nonsectarian, nonreligious, nonhome-based, nonprofit corporation forming a school which operates within a public school district, but is accountable to the local school board of trustees of that district, which grants its charter.
(2) A charter school:
(a) is considered a public school and part of the school district in which it is located for the purposes of state law and the state constitution;
(b) is subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, or need for special education services;
(c) must be administered and governed by a governing body in a manner agreed to by the charter school applicant and the sponsor, the governing body to be selected in the manner, as provided in Section 59-40-50(B)(8)(9); and
(d) shall not charge tuition or other charges of any kind except as may be allowed by the sponsor.
(3) 'Applicant' means the person who desires to form a charter school and files the necessary application therefor with the local school board of trustees. The applicant also must be the person who applies to the Secretary of State to organize the charter school as a nonprofit corporation.
(4) 'Sponsor' means the local school board of trustees established, as provided by law, from which the charter school applicant requested its charter, and which granted approval for the charter school's existence.
(5) 'Certified teacher' means a person currently certified by the State of South Carolina to teach in a public elementary or secondary school or who currently meets the qualification outlined in Sections 59-27-10 and 59-25-115.
(6) 'Noncertified teacher' means an individual considered appropriately qualified for the subject matter taught, and who has been approved by the charter committee of the school completed at least one year of study at an accredited college or university and meets the qualifications outlined in Section 59-25-115.
(7) 'Charter committee' means the governing body of a charter school and also shall be formed by the applicant to govern through the application process and until the election of a board of directors is held. After the election, the board of directors of the corporation which must be organized as the governing body and the charter committee is dissolved.
Section 59-40-50. (A) Except as otherwise provided in this chapter, a charter school is exempt from all provisions of law and regulations applicable to a public school, a school board, or a district, although a charter school may elect to comply with one or more of these provisions of law or regulations.
(B) A charter school shall must:
(1) adhere to the same health, safety, civil rights, and disability rights requirements as are applied to public schools operating in the same school district;
(2) meet, but may exceed, the same minimum student attendance requirements as are applied to public schools operating in the same district;
(3) adhere to the same financial audits, audit procedures, and audit requirements as are applied to public schools operating in the same school district;
(4) be considered a school district for purposes of tort liability under South Carolina law, except that the tort immunity shall does not include acts of intentional or wilful racial discrimination by the governing body or employees of the charter school. Employees of charter schools shall must be relieved of personal liability for any tort or contract related to their school to the same extent that employees of traditional public schools in their school district are relieved;
(5) in its discretion hire noncertified teachers in a ratio of up to twenty-five percent of its entire teacher staff; however, if it is a converted charter school, it shall hire in its discretion hire noncertified teachers in a ratio of up to ten percent of its entire teacher staff. However, in either a new or converted charter school, a teacher teaching in the core academic areas of English/language arts, mathematics, science, or social studies must be certified in those areas or possess a baccalaureate or graduate degree in the subject he or she is hired to teach. Part-time noncertified teachers shall be are considered pro rata in calculating this percentage based on the hours which they are expected to teach;
(6) hire in its discretion administrative staff to oversee the daily operation of the school. At least one of the administrative staff must be certified or experienced in the field of school administration;
(6)(7) admit all children eligible to attend public school in a school district who are eligible to apply for admission to a charter school operating in that school district, subject to space limitations. However, under no circumstances may a charter school enrollment differ from the racial composition of the school district by more than ten percent, it is required that the racial composition of the charter school enrollment reflect that of the school district or that of the targeted student population which the charter school proposes to serve, to be defined for the purposes of this chapter as differing by no more than twenty percent from that population. This requirement is also subject to the provisions of Section 59-40-70(D). If the number of applications exceeds the capacity of a program, class, grade level, or building, students shall must be accepted by lot, and there is no appeal to the sponsor;
(7)(8) not limit or deny admission or show preference in admission decisions to any individual or group of individuals; provided, however, that a charter school may give enrollment priority to a sibling of a pupil already enrolled, and children of a charter school employee, and children of the charter committee, provided their enrollment does not constitute more than twenty percent of the enrollment of the charter school;
(8)(9) elect its governing body board of directors annually. All employees of the charter school and all parents or guardians of students enrolled in the charter school shall be are eligible to participate in the election. Parents or guardians of a student shall have one vote for each student enrolled in the charter school; and At all times, the governing body of the charter school shall include one or more teachers;
(9)(10) be subject to the Freedom of Information Act, including the charter school and its governing body.
(C)(1) If a charter school denies admission to a student, the student may appeal the denial to the school board of trustees. The decision shall be is binding on the student and the charter school.
(2) If a charter school suspends or expels a student, the school district shall have has the authority but not the obligation to refuse admission to the student.
(3) The sponsor shall have has no obligation to provide extracurricular activities or access to facilities of the school district for students enrolled in the charter school; however, the charter contract may include participation in agreed upon interscholastic activities at a designated school within the sponsor district. Students participating under this agreement shall be considered eligible to participate in league events if all other eligibility requirements are met.
Section 59-40-60. (A) An approved charter application constitutes an agreement, and the terms shall must be the terms of a contract between the charter school and the sponsor.
(B) The contract between the charter school and the sponsor shall reflect all agreements regarding the release of the charter school from local school district policies.
(C) A material revision of the terms of the contract between the charter school and the approving board may be made only with the approval of both parties.
(D) Except as provided in subsection (F), an applicant who wishes to form a charter school shall:
(1) organize the charter school as a nonprofit corporation under pursuant to the laws of this State;
(2) elect form a charter committee for the charter school which includes one or more teachers; and
(3) submit a written charter school application to the local school board of trustees for the school district in which the charter school will is to be located.
(E) A charter committee shall be is responsible for and have has the power to:
(1) submit an application to operate as a charter school, sign a charter school contract, and ensure compliance with all of the requirements for charter schools provided by law;
(2) employ and contract with teachers and nonteaching employees, contract for other services, and develop pay scales, performance criteria, and discharge policies for its employees. All teachers whether certified or noncertified must undergo the background checks and other investigations required for certified teachers, as provided by law, before they may teach in the charter school; and
(3) decide all other matters related to the operation of the charter school, including budgeting, curriculum, and operating procedures.
(F) The charter school application shall be a proposed contract and shall must include:
(1) the mission statement of the charter school, which must be consistent with the principles of the General Assembly's purposes as set forth in pursuant to Section 59-40-20;
(2) the goals, objectives, and pupil achievement standards to be achieved by the charter school, and a description of the charter school's admission policies and procedures;
(3) evidence that an adequate number of parents, teachers, pupils, or any combination thereof of them support the formation of a charter school;
(4) a description of the charter school's educational program, pupil achievement standards, and curriculum, which must meet or exceed any content standards adopted by the school district in which the charter school is located and must be designed to enable each pupil to achieve these standards;
(5) a description of the charter school's plan for evaluating pupil achievement and progress toward accomplishment of the school's achievement standards in addition to state assessments, the timeline for meeting these standards, and the procedures for taking corrective action in the event if that pupil achievement falls below the standards;
(6) evidence that the plan for the charter school is economically sound, a proposed budget for the term of the charter, a description of the manner in which an annual audit of the financial and administrative operations of the charter school, including any services provided by the school district, is to be conducted;
(7) a description of the governance and operation of the charter school, including the nature and extent of parental, professional educator, and community involvement in the governance and operation of the charter school;
(8) a description of how the charter school plans to ensure that the enrollment of the school is similar to the racial composition of the school district or the targeted student population the charter school proposed to serve and provide assurance that the school does not conflict with any school district desegregation plan or order in effect;
(9) a description of how the charter school plans to meet the transportation needs of its pupils;
(10) a description of the building, facilities, and equipment and how they shall be obtained;
(11) an explanation of the relationship that shall exist between the proposed charter school and its employees, including descriptions of evaluation procedures and evidence that the terms and conditions of employment have been addressed with affected employees;
(12) a description of a reasonable grievance and termination procedure, as required by this chapter, including notice and a hearing before the governing body of the charter school. The application shall must state whether or not the provisions of Article 5, Chapter 25 of Title 59 will apply to the employment and dismissal of teachers at the charter school;
(13) a description of student rights and responsibilities, including behavior and discipline standards, and a reasonable hearing procedure, including notice and a hearing before the board of directors of the charter school prior to before expulsion;
(14) an assumption of liability by the charter school for the activities of the charter school and an agreement that the charter school will must indemnify and hold harmless the school district, its servants, agents, and employees, from any and all liability, damage, expense, causes of action, suits, claims, or judgments arising from injury to persons or property or otherwise which arises out of the act, failure to act, or negligence of the charter school, its agents and employees, in connection with or arising out of the activity of the charter school; and
(15) a description of the types and amounts of insurance coverage to be obtained by the charter school.
(G) Nothing in this section shall require a Charter School applicant to provide a list of prospective or tentatively enrolled students or prospective employees with the application.
Section 59-40-70. (A) The local school board may establish a schedule for receiving applications from charter schools and shall make a copy of any schedule available to all interested parties upon request. If the local school board finds the charter school application is incomplete or fails to meet the spirit and intent of this chapter, it immediately shall request the necessary information from the charter applicant. The Charter School Advisory Committee shall be established by the State Board of Education to review charter school applications for compliance with established standards that reflect the requirements and intent of this chapter. Members shall be appointed by the State Board of Education unless otherwise indicated.
(1) The advisory committee shall consist of eleven members as follows:
(a) South Carolina Association of Public Charter Schools - the president or his designee and one additional representative from the association;
(b) South Carolina Association of School Administrators - the executive director or his designee;
(c) South Carolina Chamber of Commerce - the executive director or his designee and one additional representative from the chamber;
(d) South Carolina Education Oversight Committee - the chair or a business designee;
(e) South Carolina Commission on Higher Education - the chair or his designee;
(f) South Carolina School Boards Association - the executive director or his designee;
(g) South Carolina Alliance of Black Educators - the president or his designee ; and
(h) One teacher and one parent to be appointed by the State Superintendent of Education.
(2) As an application is reviewed, a representative from the local school board of trustees of the affected school district and a representative of the charter committee shall serve on the advisory committee as ex officio nonvoting members.
(3) Appointing authorities shall give consideration to the appointment of minorities and women as representatives on the committee.
(4) The committee shall be convened by the State Superintendent of Education on or before July 1, 2002, who shall serve as interim chair. At the first meeting the membership shall elect a chairman and any other officers it deems necessary.
(5) The committee shall establish by-laws for its operation which shall include terms of office for its membership.
(6) An applicant shall submit the application to the advisory committee and a copy to the affected school district. The advisory committee shall receive input from the school district and shall request clarifying information from the applicant. Within sixty days, the advisory committee shall determine whether the application is in compliance. An application that is in compliance must be forwarded to the school district with a letter stating the application is in compliance. If the application is in noncompliance, it must be returned to the applicant with deficiencies noted. The applicant may appeal the decision to the State Board of Education.
(B) After giving reasonable public notice, the local school board shall hold community meetings in the affected areas or the entire school district to obtain information to assist it in their decision to grant a charter school application. The local school board shall rule on the application for a charter school in a public hearing, upon reasonable public notice, within ninety thirty days after receiving the application. If there is no ruling within ninety thirty days, the application is considered approved.
(C) A local school board of trustees shall only deny an application if the application does not meet the requirements specified in Section 59-40-50 or 59-40-60, fails to meet the spirit and intent of this chapter, or adversely affects, as defined in regulation, the other students in the district. It shall provide, within ten days, a written explanation of the reasons for denial, citing specific standards related to provisions of Section 59-40-50 or 59-40-60 that the application violates. This written explanation immediately shall be sent to the charter committee and filed with the State Board of Education and the Charter School Advisory Committee.
(D) In the event that the racial composition of an applicant's or charter school's enrollment differs from the enrollment of the local school district or the targeted student population by more than twenty percent, despite its best efforts, the local school district board shall consider the applicant's or the charter school's recruitment efforts and racial composition of the applicant pool in determining whether the applicant or charter school is operating in a nondiscriminatory manner. A finding by the local school district board that the applicant or charter school is operating in a racially discriminatory manner may justify the denial of a charter school application or the revocation of a charter as provided herein or in Section 59-40-110, as may be applicable. A finding by the local school district board that the applicant is not operating in a racially discriminatory manner shall justify approval of the charter without regard to the racial percentage requirement if the application is acceptable in all other aspects.
(E) If the local school board of trustees denies a charter school application, the charter applicant may amend its application to conform with the reasons for denial and reapply to the local board, which has thirty days to approve or deny the application, or may appeal the denial to the State Board of Education pursuant to Section 59-40-90.
(E)(F) If the local school board approves the application, it becomes the charter school's sponsor and shall sign the approved application which shall constitute constitutes a contract with the charter committee of the charter school. A copy of the charter shall must be filed with the State Board of Education.
Section 59-40-80. A local school board may conditionally authorize a charter school before the applicant has secured its space, equipment, facilities, and personnel if the applicant indicates such authority is necessary for it to meet the requirements of this chapter. Conditional authorization does not give rise to any equitable or other claims based on reliance, notwithstanding any promise, parole, written, or otherwise, contained in the authorization or acceptance of it, whether preceding or following the conditional authorization.
Section 59-40-90. (A) The State Board of Education, upon receipt of a notice of appeal or upon its own motion, shall review a decision of any local school board of trustees concerning charter schools in accordance with the provisions of this section.
(B) A charter applicant who wishes to appeal an adverse decision shall provide the State Board of Education and the local school board of trustees with a notice of appeal within ten days of the local board's decision.
(C) If the notice of appeal or the motion to review by the State Board of Education relates to a local board's decision to deny, refuse to renew, or revoke a charter, the appeal and review process shall must be:
(1) within as contained in this section. Within thirty days after receipt of the notice of appeal or the making of a motion to review by the State Board of Education and after reasonable public notice, the State Board of Education, at a public hearing which may be held in the district where the proposed charter school is located, shall review the decision of the local school board of trustees and make its findings known. The state board may affirm, or reverse, or remand the application for action by the local board in accordance with an order of the state board. If the state board remands the application, it shall do so with written instructions for reconsideration. These instructions shall include specific recommendations concerning the matters requiring reconsideration;
(2) within thirty days following the remand of a decision to the local board of trustees and with reasonable public notice, the local school board of trustees, at a public hearing, shall reconsider its decision and make a final decision. No further administrative appeal may be taken from this decision. However, any final decision of the local school board of trustees after remand from the state board or a
(D) A final decision of the state board may be appealed by any party to the circuit court for the county in which the proposed charter school is or was to have located.
Section 59-40-100. (A) An existing public school may be converted into a charter school if two-thirds of the faculty and instructional staff employed at the school and two-thirds of all voting parents or legal guardians of students enrolled in the school agree to the filing of an application with the local school board of trustees for the conversion and formation of that school into a charter school. All parents or legal guardians of students enrolled in the school must be given the opportunity to vote on the conversion. Parents or guardians of a student shall have one vote for each student enrolled in the school seeking conversion. The application shall must be submitted pursuant to Section 59-40-70(A)(6) by the principal of that school or his designee who shall must be deemed considered the applicant. The application shall must include all information required of other applications under pursuant to this chapter. The local school board of trustees shall approve or disapprove this application in the same manner it approves or disapproves other applications.
(B) A converted charter school shall offer at least the same grades, or nongraded education appropriate for the same ages and education levels of pupils, as offered by the school immediately before conversion, and also may provide additional grades and further educational offerings.
(C) All students enrolled in the school at the time of conversion must be given priority enrollment.
(D) Teachers and other employees of a converted school who desire to teach or work at the converted school may do so but shall remain employees of the local school district with the same compensation and benefits including any future increases therein. The converted charter school quarterly shall reimburse the local school district for the compensation and employer contribution benefits paid to or on behalf of these teachers and employees. The provisions of Article 5, Chapter 25 of Title 59 will apply to the employment and dismissal of teachers at a converted school.
Section 59-40-110. (A) A charter may be approved or renewed for a period not to exceed three of five school years; however, the charter may be revoked or not renewed under the provisions of subsection (C) of this section.
(B) A charter renewal application shall must be submitted to the school's sponsor, and it shall must contain:
(1) a report on the progress of the charter school in achieving the goals, objectives, pupil achievement standards, and other terms of the initially approved charter application; and
(2) a financial statement that discloses the costs of administration, instruction, and other spending categories for the charter school that is understandable to the general public and that will allow allows comparison of these costs to other schools or other comparable organizations, in a format required by the State Board of Education.
(C) A charter may must be revoked or not renewed by the sponsor if it determines that the charter school:
(1) committed a material violation of the conditions, standards, or procedures set forth provided for in the charter application;
(2) failed to meet or make reasonable progress toward pupil achievement standards identified in the charter application;
(3) failed to meet generally accepted standards of fiscal management; or
(4) violated any provision of law from which the charter school was not specifically exempted.
(D) At least sixty days before not renewing or terminating a charter school, the sponsor shall notify in writing the charter school's governing body of the proposed action in writing. The notification shall state the grounds for the proposed action in reasonable detail. Termination must follow the procedure set forth herein provided for in this section.
(E) The charter school's governing body may request in writing a hearing before the sponsor within fourteen days of receiving notice of nonrenewal or termination of the charter. Failure by the school's governing body to make a written request for a hearing within fourteen days shall must be treated as acquiescence to the proposed action. Upon receiving a timely written request for a hearing, the sponsor shall give reasonable notice to the school's governing body of the hearing date. The sponsor shall conduct a hearing before taking final action. The sponsor shall take final action to renew or not renew a charter by the last day of classes in the last school year for which the charter school is authorized.
(F) A decision to revoke or not to renew a charter school may be appealed to the state board pursuant to the provisions of Section 59-40-90.
Section 59-40-120. Upon dissolution of a charter school, its assets may not inure to the benefit of any private person. Any assets obtained through restricted agreements with a donor through awards, grants, or gifts shall must be returned to that entity. All other assets become property of the sponsor.
Section 59-40-130. (A) If an employee of a local school district makes a written request for a leave to be employed at a charter school, the school district shall grant the leave for up to five years as requested by the employee. The school district may require that the request for leave or extension of leave be made by the date under provided for by state law for the return of teachers' contracts. Employees may return to employment with the local school district at its option with the same teaching or administrative contract status as when they left, but without assurance as to the school or supplemental position to which they may be assigned.
(B) During a leave, the employee may continue to accrue benefits and credits in the South Carolina Retirement System by paying the employee contributions based upon the annual salary of the employee, and the charter school shall pay the employer contribution. The South Carolina Retirement System may impose reasonable requirements to administer this section.
(C) The provisions of this section do not apply to teachers and other employees of a converted school whose employment relation shall be is governed by Section 59-40-100(C).
Section 59-40-140. (A) A sponsor shall distribute state, county, and school district funds to a charter school as determined by the following formula: The previous year's audited total general fund expenditures, including capital outlay and maintenance, but not including expenditures from bonded indebtedness or debt repayment shall must be divided by the previous year's weighted students, then increased by the Education Finance Act inflation factor, pursuant to Section 59-20-40, for the years following the audited expenditures, then multiplied by the weighted students enrolled in the charter school, which will be subject to adjustment for student attendance and state budget allocations based on the same criteria as the local school district. These amounts must be verified by the State Department of Education before the first disbursement of funds. All state and local funding shall must be distributed by the local school district to the charter school monthly beginning July first following approval of the charter school application.
(B) During the year of the charter school's operation, as received, and to the extent allowed by federal law, a sponsor shall distribute to the charter school federal funds which are allocated to the local school district on the basis of the number of special characteristics of the students attending the charter school. These amounts must be verified by the State Department of Education before the first disbursement of funds.
(C) Notwithstanding subsection (B), the proportionate share of state and federal resources generated by students with disabilities or staff serving them shall must be directed to charter schools. The proportionate share of funds generated under other federal or state categorical aid programs shall must be directed to charter schools serving students eligible for the aid.
(D) All services centrally or otherwise provided by the school district, if any, including, but not limited to, food services, custodial services, maintenance, curriculum, media services, libraries, and warehousing are subject to negotiation between a charter school and the school district.
(E) All awards, grants, or gifts collected by a charter school shall must be retained by the charter school.
(F) The governing body of a charter school is authorized to accept gifts, donations, or grants of any kind made to the charter school and to expend or use the gifts, donations, or grants in accordance with the conditions prescribed by the donor. No gifts gift or donation shall be a requirement required for admission. However, no gift, donation, or grant may be accepted by the governing board if subject to any condition contrary to law or contrary to the terms of the contract between the charter school and the governing body. All gifts, donations, or grants must be reported to the local school district in their annual audit report as required in Section 59-40-50 (B) (3).
(G) A charter school shall report to its sponsor and the Department of Education any change to information provided under its application. In addition, a charter school shall report at least annually to its sponsor and the department all information required by the sponsor or the department and including, at a minimum, the number of students enrolled in the charter school, the success of students in achieving the specific educational goals for which the charter school was established, and the identity and certification status of the teaching staff.
(H) The sponsor shall provide technical assistance to persons and groups preparing or revising charter applications at no expense.
(I) Charter schools may acquire by gift, devise, purchase, lease, sublease, installment purchase agreement, land contract, option, or by any other means, and hold and own in its own name buildings or other property for school purposes, and interests in it which are necessary or convenient to fulfill its purposes.
(J) Charter schools are exempt from all state and local taxation, except the sales tax, on their earnings and property. Instruments of conveyance to or from a charter school are exempt from all types of taxation of local or state taxes and transfer fees.
(K) For those charter schools established on and after July 1, 2003, during the first year of its operation and upon verification by the State Department of Education that the charter school is receiving funding consistent with this chapter, the local school district shall receive through a state reserve fund established by the General Assembly beginning with fiscal year 2003-2004 an amount equivalent to the base student cost times a 1.0 weighted pupil unit for each student enrolled in the charter school who was enrolled in another noncharter public school in the district on the one hundred thirty-fifth day of the previous school year. The reserve fund shall be available only when the charter school is not initiated or operated by the district. Upon the filing of a charter school application, the State Department of Education must verify to the Charter School Advisory Committee and the affected school district that adequate funds are in the state reserve fund to meet this requirement.
Section 59-40-145. A child who resides in a school district other than the one where a charter school is located may attend a charter school outside his district of residence; however, the receiving charter school shall have authority to grant or deny permission for the student to attend pursuant to Sections 59-40-40(2)(b) and 59-40-50(B)(7) and (8) according to the terms of the charter after in-district children have been given priority in enrollment. However, the out-of-district enrollment shall not exceed twenty percent of the total enrollment of the charter school without the approval of the sponsoring district board of trustees. The district sending children to the charter school under the terms of this section must be notified immediately of the transferring students. Out-of-district students must be considered based on the order in which their applications are received. If the twenty percent out-of-district enrollment is from one school district, then the sending district must concur with any additional students transferring from that district to attend the charter school. The charter school to which the child is transferring shall be eligible for state and federal funding according to the formula defined in Section 59-40-140(A), (B), and (C), as applicable.
Section 59-40-150. (A) The Department of Education shall disseminate information to the public, directly and through sponsors, on how to form and operate a charter school and how to utilize the offerings of a charter school.
(B) At least annually, the department shall provide upon request a directory of all charter schools authorized under this chapter with information concerning the educational goals of each charter school, the success of each charter school in meeting its educational goals, and procedures to apply for admission to each charter school.
(C) The department shall bear the cost of complying with this section.
Section 59-40-160. (A) The State Board of Education shall compile evaluations of charter schools received from local school boards of trustees. They shall review information regarding the regulations and policies from which charter schools were released to determine if the releases assisted or impeded the charter schools in meeting their stated goals and objectives.
(B) The State Board of Education shall review the implementation and effectiveness of this chapter, review comprehensive reports issued by local school boards concerning successes or failures of charter schools, report to the Governor and General Assembly interim results by July 1, 1998, and issue a final report and recommendations to the Governor and General Assembly during the fifth year after the effective date of this chapter.
(C) In preparing the report required by this section, the State Board of Education shall compare the academic performance of charter school pupils with the performance of ethnically and economically comparable groups of pupils in other public schools who are enrolled in academically comparable courses.
(D) An impact study shall be conducted by the State Board of Education two years after the implementation of the Charter School Advisory Committee review process to determine the effectiveness of the application process.
Section 59-40-170. The Department of Education, in conjunction with the Budget and Control Board, shall publish annually make available, upon request, a list of vacant and unused buildings and vacant and unused portions of buildings that are owned by this State or by school districts in this State and that may be suitable for the operation of a charter school. The department shall make the list available to applicants for charter schools and to existing charter schools. The list shall must include the address of each building, a short description of the building, and the name of the owner of the building. Nothing in this section requires the owner of a building on the list to sell or lease the building or a portion of the building to a charter school or to any other school or to any other prospective buyer or tenant. However, if a school district declares a building surplus and chooses to sell or lease the building, a charter school's board of directors or a charter committee operating or applying within the district must be given the first refusal to purchase or lease the building under the same or better terms and conditions as it would be offered to the public.
Section 59-40-180. The State Board of Education shall promulgate regulations and develop guidelines necessary to implement the provisions of this chapter, including standards which the Charter School Advisory Committee shall use to determine compliance with this chapter and an application process to include a timeline for submission of applications that will allow for final decisions, including state board appeal, by December first of the year preceding the charter school's opening.
Section 59-40-190. (A) The governing body of a charter school may sue and be sued. The governing body may not levy taxes or issue bonds.
(B) A sponsor is not liable for any of the debts of the charter school.
(C) A sponsor, members of the board of a sponsor, and employees of a sponsor acting in their official capacity are immune from civil or criminal liability with respect to all activities related to a charter school they sponsor. The governing body of a charter school shall obtain at least the amount of and types of insurance required for this purpose.
Section 59-40-200. Notwithstanding any other provision of this chapter, charter schools with conditional charters, with applications pending with local school district boards, or with planning-implementation grants supported by the Public Charter Schools Grant Program whose timelines stipulate having charter applications approved prior to December 1, 2003, shall apply directly to the local school district board of trustees without review by the charter school advisory committee.
Section 59-40-210. 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 chapter, the General Assembly hereby declaring that it would have passed this chapter, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. WALKER explained the amendment.
Reps. CARNELL, WILDER, WEEKS, J. BROWN, J. H. NEAL, MACK, LITTLEJOHN, TALLEY, WALKER, TOWNSEND, MARTIN, GOVAN and HINSON requested debate on the Bill.
The following Joint Resolution was taken up:
S. 1246 (Word version) -- Senator Moore: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY REVISIONS IN THE MANNER IN WHICH THE IMPROVEMENT RATINGS OF SCHOOLS UNDER THE EDUCATION ACCOUNTABILITY ACT IS DETERMINED.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\21380SD02), which was adopted:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. During its annual review of the ratings for school and district report cards, the Education Oversight Committee shall include an examination, to include, but not be limited to the following:
(1) the potential for the Palmetto Achievement Challenge Tests (PACT) to report student progress between grade level tests;
(2) providing technically valid incremental information between performance levels;
(3) the potential for using weighted and non-weighted formulas for determining individual student improvement;
(4) providing diagnostic information essential to the improvement of instruction; and
(5) the incorporation of requirements set forth with the 2001 amendments to the Elementary and Secondary Education Act.
As part of this annual review of ratings, the Education Oversight Committee shall establish a task force composed of at least five members representing both educators in the State and national or regional experts in the field to aid in the review of the ratings for school and district report cards. Every effort should be made to insure that within the appointments of educators, care be given to include all geographic areas of the State.
A report of the study shall be completed by March 31, 2003, and shall be issued to the House Education and Public Works Committee and the Senate Education Committee no later than April 15, 2003.
In order to conduct this review by March 31, 2003, the State Department of Education shall work with the Education Oversight Committee to provide by December 1, 2002, the necessary information for the task force to complete their study.
SECTION 2. This joint resolution takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. WALKER explained the amendment.
Rep. GOVAN requested debate on the Joint Resolution.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 237 (Word version) -- Senator Leatherman: A BILL TO AMEND TITLE 40, CHAPTER 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENTIAL BUILDERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO PROVIDE CITATION PENALTIES, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF RESIDENTIAL BUILDERS, RESIDENTIAL SPECIALTY CONTRACTORS, AND HOME INSPECTORS.
Rep. SANDIFER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 464 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 23, TITLE 59 SO AS TO FURTHER PROVIDE FOR APPLICABLE STANDARDS, SPECIFICATIONS, AND CODES WHICH APPLY TO THE CONSTRUCTION, IMPROVEMENT, OR RENOVATION OF PUBLIC SCHOOL BUILDINGS AND PROPERTY, AND TO REQUIRE THE CONSTRUCTION, IMPROVEMENT, OR RENOVATION OF PUBLIC SCHOOL BUILDINGS AND PROPERTY TO BE INSPECTED BY THE STATE SUPERINTENDENT OF EDUCATION OR THE SUPERINTENDENT'S DESIGNEE BEFORE OCCUPANCY; AND TO REPEAL ARTICLE, 1, CHAPTER 23, TITLE 59, OF THE 1976 CODE RELATING TO SCHOOL BUILDING CODES AND INSPECTIONS.
Rep. WALKER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 65 (Word version) -- Senators Mescher, Reese and Branton: A BILL TO AMEND SECTION 7-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO PROVIDE NO SPECIAL ELECTION IS REQUIRED TO BE CONDUCTED IF ONLY ONE CANDIDATE OFFERS FOR AN OFFICE AND NO ONE PUBLICLY ANNOUNCES AN INTENTION TO OFFER FOR THAT OFFICE AS A WRITE-IN CANDIDATE BY TWO WEEKS AFTER THE FILING FOR THAT OFFICE HAS CLOSED AND TO PROVIDE FOR THE APPLICABILITY TO MUNICIPAL GENERAL ELECTIONS.
Reps. HARRISON, WILKINS and FLEMING proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\ 5412DW02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 7-11-15 of the 1976 Code, as last amended by Act 236 of 2000, is further amended to read:
"Section 7-11-15. In order to qualify as a candidate to run in the general election, all candidates seeking nomination by political party primary or political party convention must file a statement of intention of candidacy between noon on March sixteenth and noon on March thirtieth as provided in this section.
(1) Candidates seeking nomination for a statewide, congressional, or district office that includes more than one county shall must file their statements of intention of candidacy with the state executive committee of their respective party.
(2) Candidates seeking nomination for the State Senate or State House of Representatives must file their statements of intention of candidacy with the county executive committee of their respective party in the county of their residence. The county committees must, within five days of the receipt of the statements, transmit them the statements along with the applicable filing fees to the respective state executive committees. Provided, however However, the county committees must report all filings to the state committees no later than five p.m. on March thirtieth. The state executive committees must certify candidates pursuant to Section 7-13-40.
(3) Candidates seeking nomination for a countywide or less than countywide office shall file their statements of intention of candidacy with the county executive committee of their respective party.
Except as provided herein, the county executive committee of any political party with whom statements of intention of candidacy are filed must file, in turn, all statements of intention of candidacy with the county election commission by noon on the tenth day following the deadline for filing statements by candidates. If the tenth day falls on Saturday, Sunday, or a legal holiday, the statements must be filed by noon the following day. The state executive committee of any political party with whom statements of intention of candidacy are filed must file, in turn, all the statements of intention of candidacy with the State Election Commission by noon on the tenth day following the deadline for filing statements by candidates. If the tenth day falls on Saturday, Sunday, or a legal holiday, the statements must be filed by noon the following day. No candidate's name may appear on a primary election ballot, convention slate of candidates, general election ballot, or special election ballot, except as otherwise provided by law, if (1) the candidate's statement of intention of candidacy has not been filed with the county election commission or State Election Commission, as the case may be, by the deadline and (2) the candidate has not been certified by the appropriate political party as required by Sections 7-13-40 and 7-13-350, as applicable. The candidate's name must appear if the candidate produces the signed and dated copy of his timely filed statement of intention of candidacy.
The statement of intention of candidacy required in this section and in Section 7-13-190(B) must be on a form designed and provided by the State Election Commission. This form, in addition to all other information, must contain an affirmation that the candidate meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for the office sought. It must be filed in triplicate by the candidate, and the political party committee with whom it is filed must stamp it with the date and time received, sign it, keep one copy, return one copy to the candidate, and send one copy to either the county election commission or the State Election Commission, as the case may be.
If, after the closing of the time for filing statements of intention of candidacy, there are not more than two candidates for any one office and one or more of the candidates dies, or withdraws, the state or county committee, as the case may be, if the nomination is by political party primary or political party convention only may, in its discretion, afford opportunity for the entry of other candidates for the office involved; provided however, that for the office of State House of Representatives or State Senator, the discretion must be exercised by the state committee.
The provisions of this section do not apply to nonpartisan school trustee elections in any school district where local law provisions provide for other dates and procedures for filing statements of candidacy or petitions, and to the extent the provisions of this section and the local law provisions conflict, the local law provisions control."
SECTION 2. Section 7-13-190 of the 1976 Code is amended by adding:
"(E)(1) A special election to fill a vacancy in an office is not required to be conducted if fourteen calendar days have elapsed since the filing period for that office has closed and:
(a) only one person has filed for the office; and
(b) no person has filed a declaration to be a write-in candidate with the authority charged by law with conducting the election.
(2) In such an event, the candidate who filed for the office is deemed elected and shall take office on the Monday following certification.
(3) The provisions of this subsection also apply to municipal general elections.
When no person has filed a declaration to be a write-in candidate pursuant to this section, the candidate who filed for the office must be declared the winner by the authority charged by law with conducting the election, and the votes for the election must not be counted or otherwise tabulated. Nothing in this section requires a ballot containing the name of a person who has been declared the winner pursuant to this section to be reprinted to delete the winning candidate's name or candidates' names from the ballot."
SECTION 3. Section 7-13-350(B) of the 1976 Code, as last amended by Act 392 of 2000, is further amended to read:
"(B) Candidates for President and Vice President must be certified not later than twelve o'clock noon on August thirtieth September fifteenth to the State Election Commission, or if August thirtieth September fifteenth falls on Sunday, not later than twelve o'clock noon on the following Monday."
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 5312 (Word version) -- Reps. Loftis, Allen, Cato, F. N. Smith and Vaughn: A BILL TO PROVIDE THAT PUBLIC FUNDS MAY BE USED TO OFFER COSMETOLOGY LICENSING PREPARATORY COURSES AT TWO PRIVATELY FUNDED AND ONE PUBLICLY FUNDED POST-SECONDARY SCHOOLS IN GREENVILLE COUNTY.
Rep. LOFTIS explained the Bill.
Rep. STUART made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. GOVAN withdrew his request for debate on S. 12; however, other requests for debate remained on the Bill.
Rep. GOVAN withdrew his request for debate on the following Joint Resolution:
S. 1246 (Word version) -- Senator Moore: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY REVISIONS IN THE MANNER IN WHICH THE IMPROVEMENT RATINGS OF SCHOOLS UNDER THE EDUCATION ACCOUNTABILITY ACT IS DETERMINED.
Rep. TRIPP withdrew his request for debate on S. 638; however, other requests for debate remained on the Bill.
Rep. TRIPP withdrew his request for debate on S. 977; however, other requests for debate remained on the Bill.
Rep. J. BROWN withdrew his request for debate on S. 638; however, other requests for debate remained on the Bill.
Rep. J. BROWN withdrew his request for debate on S. 977; however, other requests for debate remained on the Bill.
Reps. J. R. SMITH, D. C. SMITH, MACK, BREELAND, J. HINES and SHEHEEN withdrew their requests for debate on S. 638; however, other requests for debate remained on the Bill.
Rep. COBB-HUNTER withdrew her request for debate on S. 290; however, other requests for debate and an objection remained on the Bill.
Rep. BREELAND withdrew his request for debate on S. 977; however, other requests for debate remained on the Bill.
On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
S. 1087 (Word version) -- Senator Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-1-15, SO AS TO PROVIDE THAT NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A DD 214 ON FILE IN THE OFFICE OF THE CLERK OF COURT IS NOT A PUBLIC RECORD AND MUST NOT BE DISCLOSED OR RELEASED EXCEPT TO THE PERSON WHO IS THE SUBJECT OF THE DD 214, UPON PROOF OF IDENTITY SHOWN.
Rep. HARRISON moved to waive Rule 5.12, which was agreed to by a division vote of 25 to 0.
The Senate amendments to the following Bill were taken up for consideration:
H. 4386 (Word version) -- Reps. Witherspoon, Littlejohn, W. D. Smith, Vaughn, Altman, Walker and Knotts: A BILL TO AMEND SECTION 12-37-252, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL PROPERTY ELIGIBLE FOR THE HOMESTEAD EXEMPTION ALLOWED PROPERTY OWNERS SIXTY-FIVE YEARS OF AGE AND OLDER OR PERMANENTLY AND TOTALLY DISABLED, OR LEGALLY BLIND, AND THE ACCOMPANYING FOUR PERCENT ASSESSMENT RATIO APPLICABLE TO SUCH A HOMESTEAD FOR PROPERTY TAX PURPOSES, SO AS TO PROVIDE THAT THE PERSONAL REPRESENTATIVE OF THE ESTATE OF A DECEASED TAXPAYER IS DEEMED THE AGENT OF THE DECEASED TAXPAYER FOR ALL PURPOSES OF APPLYING FOR THE ASSESSMENT RATIO AND EXEMPTION AND ANY CLAIM FOR REFUND ARISING THEREUNDER AND TO ALLOW THESE APPLICATIONS AND CLAIMS FOR REFUND FOR PROPERTY TAX YEARS BEGINNING AFTER 2000.
Rep. BOWERS proposed the following Amendment No. 1A (Doc Name COUNCIL\BBM\AMEND\9187HTC02), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Section 12-37-223A(B) of the 1976 Code, as added by Act 283 of 2000, is amended to read:
"(B) Under either option chosen by a county pursuant to subsection (A)(3), the fifteen percent limitation authorized in subsection (A) shall apply to property transfers that are not subject to income tax pursuant to Sections 102 (Gifts and Inheritances), 351 (Transfer to a Corporation Controlled by Transferor), 355 (Distribution by a Controlled Corporation), 368 (Corporate Reorganizations), 721 (Nonrecognition of Gain or Loss on a Contribution to a Partnership), 1031 (Like-Kind Exchanges), 1033 (Conversions--Fire and Insurance Proceeds to Rebuild), or 1041 (Transfers of Property Between Spouses or Incident to Divorce) of the Internal Revenue Code, as defined in Section 12-6-40; and to distributions of property out of corporations, partnerships, or limited liability companies to persons who initially contributed the property to the corporation, partnership, or limited liability company. The fifteen percent limitation shall also apply to property transfers between immediate family members which means spouse, parents, children, sisters, brothers, grandparents, and grandchildren." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOWERS explained the amendment.
Rep. HAYES raised the Point of Order that Amendment No. 1A was out of order in that it was not germane to the Bill.
SPEAKER PRO TEMPORE W.D. SMITH stated that the Bill dealt with assessment ratios and the ability of a personal representative of a deceased taxpayer to file claims on exemptions. He stated further that the amendment dealt with repealing existing tax cap legislation. He therefore sustained the Point of Order and ruled the amendment out of order.
Rep. BOWERS proposed the following Amendment No. 2A (Doc Name COUNCIL\BBM\AMEND\9186HTC02), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Section 12-37-223A(B) of the 1976 Code, as added by Act 283 of 2000, is amended to read:
"(B) Under either option chosen by a county pursuant to subsection (A)(3), the fifteen percent limitation authorized in subsection (A) shall apply to property transfers that are not subject to income tax pursuant to Sections 102 (Gifts and Inheritances), 351 (Transfer to a Corporation Controlled by Transferor), 355 (Distribution by a Controlled Corporation), 368 (Corporate Reorganizations), 721 (Nonrecognition of Gain or Loss on a Contribution to a Partnership), 1031 (Like-Kind Exchanges, but the governing body of the county, by ordinance, may opt not to allow the exemption for property exchanged pursuant to Section 1031), 1033 (Conversions--Fire and Insurance Proceeds to Rebuild), or 1041 (Transfers of Property Between Spouses or Incident to Divorce) of the Internal Revenue Code, as defined in Section 12-6-40; and to distributions of property out of corporations, partnerships, or limited liability companies to persons who initially contributed the property to the corporation, partnership, or limited liability company. The fifteen percent limitation shall also apply to property transfers between immediate family members which means spouse, parents, children, sisters, brothers, grandparents, and grandchildren." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOWERS explained the amendment.
Rep. KEEGAN raised the Point of Order that Amendment No. 2A was out of order in that it was not germane to the Bill.
SPEAKER PRO TEMPORE W.D. SMITH stated that the Bill dealt with assessment ratios and the ability of a personal representative of a deceased taxpayer to file claims on exemptions. He stated further that the amendment dealt with repealing existing tax cap legislation. He therefore sustained the Point of Order and ruled the amendment out of order.
Rep. BOWERS proposed the following Amendment No. 3A (Doc Name COUNCIL\GJK\AMEND\21405SD02), which was ruled out of order:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/ SECTION ____. (A) Section 12-43-220(c)(1) of the 1976 Code is amended to read:
"(1) The legal residence and not more than five acres contiguous thereto, when owned totally or in part in fee or by life estate and occupied by the owner of the interest, and additional dwellings located on the same property or other nonadjacent parcels of property and occupied by immediate family members of the owner of the interest, are taxed on an assessment equal to four percent of the fair market value of the property. If residential real property is held in trust and the income beneficiary of the trust occupies the property as a residence, then the assessment ratio allowed by this item applies if the trustee certifies to the assessor that the property is occupied as a residence by the income beneficiary of the trust. When the legal residence is located on leased or rented property and the residence is owned and occupied by the owner of a residence on leased property, even though at the end of the lease period the lessor becomes the owner of the residence, the assessment for the residence is at the same ratio as provided in this item. If the lessee of property upon which he has located his legal residence is liable for taxes on the leased property, then the property upon which he is liable for taxes, not to exceed five acres contiguous to his legal residence, must be assessed at the same ratio provided in this item. If this property has located on it any rented mobile homes or residences which are rented or any business for profit, this four percent value does not apply to those businesses or rental properties. For purposes of the assessment ratio allowed pursuant to this item, a residence does not qualify as a legal residence unless the residence is determined to be the domicile of the owner-applicant."
(B) Notwithstanding the general effective date of this act, the provisions of this section take effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOWERS explained the amendment.
Rep. COOPER raised the Point of Order that Amendment No. 3A was out of order in that it was not germane to the Bill.
SPEAKER PRO TEMPORE W.D. SMITH stated that the Bill dealt with assessment ratios and the ability of a personal representative of a deceased taxpayer to file claims on exemptions. He stated further that the amendment dealt with repealing existing tax cap legislation. He therefore sustained the Point of Order and ruled the amendment out of order.
Rep. COOPER explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3601 (Word version) -- Reps. Huggins and Barfield: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 50 SO AS TO REQUIRE A WRITTEN PROPERTY CONDITION DISCLOSURE STATEMENT UPON THE SALE OF CERTAIN RESIDENTIAL PROPERTY, TO PROVIDE EXEMPTIONS FROM THIS REQUIREMENT, TO IMPOSE DUTIES ON OWNERS AND REAL ESTATE LICENSEES IN REGARD TO THESE REQUIREMENTS, AND TO AUTHORIZE THE REAL ESTATE COMMISSION TO PERFORM SPECIFIC DUTIES AND FUNCTIONS IN REGARD TO THESE DISCLOSURE STATEMENTS.
Rep. EDGE moved to adjourn debate upon the Senate Amendments until Thursday, May 23, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
H. 4514 (Word version) -- Reps. McGee, Knotts, Bingham, Coates, Koon, Lourie and Whatley: A BILL TO AMEND SECTION 23-6-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATION OF LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT IN ADDITION TO EXCEPTIONS TO THE ONE-YEAR RULE PROVIDED IN THIS SECTION, THE PERIOD OF TIME WITHIN WHICH A CANDIDATE MUST OBTAIN THE CERTIFICATION REQUIRED TO BECOME A LAW ENFORCEMENT OFFICER IS AUTOMATICALLY EXTENDED FOR AN ADDITIONAL PERIOD EQUAL TO THE TIME THE CANDIDATE PERFORMED ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING AS A MEMBER OF THE NATIONAL GUARD, THE STATE GUARD, OR A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES, PLUS NINETY DAYS.
Rep. HARRISON explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3749 (Word version) -- Reps. J. E. Smith and Weeks: A BILL TO PROVIDE FOR AN ADDITIONAL CLAIMS REPRESENTATIVE IN THE DIVISION OF VETERANS AFFAIRS, OFFICE OF THE GOVERNOR, TO SPECIALIZE IN THE SPECIFIC NEEDS AND DISEASES ASSOCIATED WITH VETERANS OF THE VIETNAM ERA, TO REPRESENT THE DIVISION OF VETERANS AFFAIRS ON THE SOUTH CAROLINA AGENT ORANGE ADVISORY COUNCIL AND ON THE HEPATITIS C COALITION ESTABLISHED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO ASSIST THE DIVISION OF VETERANS AFFAIRS IN CARRYING OUT ITS DUTIES IN CONNECTION WITH THE AGENT ORANGE INFORMATION AND ASSISTANCE PROGRAM, TO REPRESENT THE DIRECTOR IN CONNECTION WITH FUNCTIONS RELATING TO VIETNAM VETERANS, AND TO PERFORM OTHER DUTIES AS ASSIGNED.
Rep. J. E. SMITH explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 4894 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTENTS OF A MOTOR VEHICLE REGISTRATION APPLICATION, SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MUST BE PROVIDED CERTAIN ADDITIONAL INFORMATION FOR COMMERCIAL MOTOR VEHICLES THAT ARE GREATER THAN TWENTY-SIX THOUSAND POUNDS; AND BY ADDING SECTION 56-3-355 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST SUSPEND, REVOKE, OR NOT ISSUE A REGISTRATION CARD AND LICENSE PLATE FOR A CERTAIN COMMERCIAL MOTOR VEHICLE IF THE MOTOR VEHICLE CARRIER WHO IS RESPONSIBLE FOR THE SAFETY OF THE VEHICLE HAS BEEN PROHIBITED FROM OPERATING BY A FEDERAL AGENCY, TO PROVIDE THAT THE REGISTRANT MUST SURRENDER AN ITEM SUSPENDED OR REVOKED UNDER THIS SECTION, TO PROVIDE THAT THE DEPARTMENT SHALL TAKE POSSESSION OF A SUSPENDED OR REVOKED LICENSE PLATE AND REGISTRATION CARD UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE FOR THE REISSUANCE OF A REGISTRATION CARD AND LICENSE PLATE, TO PROVIDE A REINSTATEMENT FEE, AND TO PROVIDE FOR THE DISBURSEMENT OF THE REINSTATEMENT FEE.
Rep. TOWNSEND explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
S. 852 (Word version) -- Senators Leatherman, Martin and Giese: A BILL TO AMEND SECTION 12-44-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO INCREASE THE EXTENSION ALLOWED IN THE INVESTMENT PERIOD FROM TWO TO FIVE YEARS; AND TO AMEND SECTION 12-44-90, RELATING TO THE FILING REQUIREMENTS UNDER THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO GRANT A MAXIMUM SIXTY-DAY EXTENSION FOR FILING RETURNS AND TO PROVIDE THE REQUIREMENTS TO OBTAIN THE EXTENSION.
Rep. COOPER made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The motion period was dispensed with on motion of Rep. COOPER.
Rep. COOPER moved that the House recur to the Morning Hour, which was agreed to.
The following was received:
Columbia, S.C., May 21, 2002
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:45 p.m. on Wednesday, May 22, 2002, for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. W. D. SMITH the invitation was accepted.
The following was received:
Columbia, S.C., May 21, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Setzler, Thomas and Ryberg of the Committee of Conference on the part of the Senate on S. 131:
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.
Very respectfully,
President
Received as information.
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 1264 (Word version) -- Senator Bauer: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 23 IN SALUDA COUNTY THAT IS ONE MILE NORTH OF MONETTA, SOUTH CAROLINA, AND WHICH IS ACROSS FROM THE WATSON PACKING SHED, IN MEMORY OF DEPUTY SHERIFF ALLEN "PETE" MYERS OF SALUDA, AND TO PLACE APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY REFLECTING THIS DESIGNATION.
Ordered for consideration tomorrow.
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 5280 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF NATURAL RESOURCES NAME THE LAKE MARION BOAT CHANNEL, KNOWN AS THE "SAFE CHANNEL", AS THE "DANNY BELL BOAT CHANNEL" IN HONOR OF THE LATE DANNY BELL OF EUTAW SPRINGS, AND INSTALL APPROPRIATE SIGNS OR MARKERS.
Ordered for consideration tomorrow.
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 1255 (Word version) -- Senator Bauer: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 121 WHICH BEGINS AT THE EDGEFIELD-SALUDA COUNTY LINE AND ENDS AT THE NEWBERRY-SALUDA COUNTY LINE THE "VETERANS MEMORIAL HIGHWAY", AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "VETERANS MEMORIAL HIGHWAY".
Ordered for consideration tomorrow.
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 1289 (Word version) -- Senators Elliott, Alexander, Anderson, Bauer, Branton, Courson, Drummond, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. V. Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO RENAME THE INTERCHANGE AT EXIT 101 ON I-20 IN KERSHAW COUNTY THE "RICHARD THOMAS HOLLAND INTERCHANGE" IN HONOR OF HIS CHILDREN, GRANDCHILDREN, ONE OF WHOM IS SENATOR DONALD H. HOLLAND, AND HIS GREAT-GRANDCHILDREN.
Ordered for consideration tomorrow.
Rep. GILHAM, from the Beaufort Delegation, submitted a favorable report on:
S. 1008 (Word version) -- Senators Richardson and Pinckney: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND RECOMMENDATIONS FOR APPOINTMENTS FOR BOARDS AND COMMISSIONS FROM THE LEGISLATIVE DELEGATION REPRESENTING BEAUFORT COUNTY TO THE GOVERNING BODY OF BEAUFORT COUNTY AND TO PROVIDE EXCEPTIONS.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 1291 (Word version) -- Senators Ryberg, Moore and Setzler: A CONCURRENT RESOLUTION EXPRESSING THE SINCERE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MS. HARRIETT B. (NELLE) TYLER OF AIKEN COUNTY FOR HER OUTSTANDING SERVICE AS PRESIDENT OF THE SOUTH CAROLINA STATE EMPLOYEES ASSOCIATION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1292 (Word version) -- Senators Hutto and Matthews: A CONCURRENT RESOLUTION TO COMMEND DR. LEROY DAVIS FOR HIS MAGNIFICENT WORK AS AN EDUCATOR AND ADMINISTRATOR AND TO WISH HIM GREAT SUCCESS IN HIS FUTURE UNDERTAKING AS WELL AS MANY YEARS OF HEALTH AND HAPPINESS UPON HIS RETIREMENT AS PRESIDENT OF SOUTH CAROLINA STATE UNIVERSITY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
On motion of Rep. WALKER, with unanimous consent, the following was taken up for immediate consideration:
H. 5313 (Word version) -- Rep. Walker: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE MEMBERS OF THE LANDRUM HIGH SCHOOL BASEBALL TEAM, THEIR COACHES, STAFF, AND OTHER SCHOOL OFFICIALS ON MAY 29, 2002, AT A TIME TO BE DETERMINED BY THE SPEAKER, TO CONGRATULATE THEM ON THEIR OUTSTANDING 2002 CLASS A STATE CHAMPIONSHIP WIN.
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor of the House of Representatives to the members of the Landrum High School Baseball Team, their coaches, staff, and other school officials on May 29, 2002, at a time to be determined by the Speaker, to congratulate them on their outstanding 2002 Class A State Championship win.
The Resolution was adopted.
The following was introduced:
H. 5314 (Word version) -- Reps. Limehouse and Campsen: A HOUSE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE WANDO HIGH SCHOOL "WARRIORS" BOYS SOCCER TEAM AND HEAD COACH TOM REILLY FOR AN EXCEPTIONAL SEASON AND ON CAPTURING THE 2002 CLASS AAAA STATE SOCCER CHAMPIONSHIP.
The Resolution was adopted.
The following Bill and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
S. 1280 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO RESIDENTIAL GROUP CARE ORGANIZATIONS FOR CHILDREN, DESIGNATED AS REGULATION DOCUMENT NUMBER 2712, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 1288 (Word version) -- Senators Setzler, Knotts and Bauer: A BILL TO DIRECT THE LEXINGTON COUNTY OFFICIAL CHARGED WITH THE RESPONSIBILITY OF COLLECTING DELINQUENT TAXES, IN CONNECTION WITH THE REQUIREMENT FOR PERSONAL PROPERTY TAXES ON A WATERCRAFT AND OUTBOARD MOTOR BE CURRENT BEFORE THE TITLE TO THESE ITEMS MAY BE TRANSFERRED, THAT THIS PROHIBITION ON THE TRANSFER OF TITLE APPLIES ONLY FOR PROPERTY TAXES DUE FOR PROPERTY TAX YEARS BEGINNING AFTER 1999, THAT USED WATERCRAFT AND USED OUTBOARD MOTORS OBTAINED FROM A LICENSED DEALER ON OR AFTER OCTOBER 3, 2000, ARE FREE OF THE LIEN FOR THE PAYMENT OF PROPERTY TAXES FOR PROPERTY TAX YEARS BEFORE 2000, AND THAT NO REFUNDS OF PROPERTY TAXES ON WATERCRAFT AND OUTBOARD MOTORS ARE PAYABLE FOR PROPERTY TAX YEARS BEFORE.
Referred to Committee on Ways and Means
The motion period was dispensed with on motion of Rep. TOWNSEND.
The following Bill was taken up:
S. 1131 (Word version) -- Senators Patterson, Giese, Courson and Jackson: A BILL TO ENACT THE "RICHLAND COUNTY SCHOOL DISTRICTS PROPERTY TAX RELIEF ACT" BY PROVIDING FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX IN RICHLAND COUNTY FOR NOT MORE THAN TWENTY YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE SCHOOL DISTRICTS OF RICHLAND COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED ONLY AFTER ITS APPROVAL IN A REFERENDUM HELD IN THE COUNTY, TO PROVIDE FOR THE REFERENDUM, AND TO PROVIDE THAT, IF IMPOSED, THE TAX MUST BE COLLECTED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND REMITTED TO THE RICHLAND COUNTY TREASURER FOR THE RICHLAND COUNTY SCHOOL DISTRICTS, TO PROVIDE THAT THE TAX IS IMPOSED AND IS SUBJECT TO THE SAME EXEMPTIONS AND MAXIMUM TAXES AS PROVIDED IN THE SOUTH CAROLINA SALES TAX ACT EXCEPT FOR AN ADDITIONAL EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, AND TO PROVIDE FOR THE METHOD OF APPLYING THE REVENUES OF THE TAX TO SCHOOL DISTRICT GENERAL OBLIGATION DEBT SERVICE.
Rep. COTTY proposed the following Amendment No. 3 (Doc Name COUNCIL\DKA\AMEND\4879ZW02), which was adopted:
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 "Richland County School Districts Property Tax Relief Act."
SECTION 2. Subject to the requirements of this act, there may be imposed a one percent sales and use tax within Richland County. The proceeds of the tax must be distributed to the three school districts in Richland County as provided in this act. The boards of trustees of each of the school districts, before the expenditure of the proceeds of the tax authorized by this act, by resolution, must determine the specific purposes for which the proceeds of the tax as distributed must be expended. However, in any case the proceeds only must be applied to (a) reduce ad valorem property taxes imposed to pay debt service on general obligation bonds or (b) otherwise defray the cost of capital improvements within each school district, as determined by resolution of the boards of trustees of the respective school districts.
SECTION 3. (A) The tax authorized by this act may be imposed upon (1) the adoption of an approving resolution by each of the boards of trustees of the three school districts in Richland County and (2) the subsequent approval of the imposition of the tax by referendum held at the time of the general election open to all qualified electors residing in Richland County. The approving resolutions must specify the maximum time, stated in calendar years, not to exceed fifteen years, for which the tax must be imposed; the date upon which the referendum is held, the precincts and polling places for the referendum, and the question to appear on the referendum ballot. The approving resolutions, upon adoption, must be forwarded to the Richland County Registration and Elections Commission.
(B) Upon receipt of approving resolutions from all boards of trustees of Richland County school districts, the commission shall conduct a referendum on the question of imposing the tax in Richland County. Notice of the election must be provided in the manner provided by the general election law and include the question to be voted upon in the referendum. Expenses of the referendum must be paid by the three Richland County school districts, proportionally according to number of persons residing in each school district who are registered to vote in Richland County.
(C) The question to be voted upon in the referendum must read substantially as follows:
"Must a special one percent sales and use tax be imposed in Richland County for not more than ____ years with the revenue of the tax used to pay debt service on general obligation bonds of, or directly to defray the cost of capital improvements for, or both of these purposes, the three school districts in Richland County?
The ballot may contain a short explanation of the question to be voted upon in this referendum.
(E) Upon receipt and certification of the returns of the referendum, the Richland County Registration and Election Commission, by resolution, shall certify the results of the referendum by resolution and within ten days thereafter file the resolution with the Richland County Clerk of Court and with the South Carolina Department of Revenue. The results of the referendum, as declared by resolution of the Richland County Registration and Election Commission and as filed with the clerk of court, is not open to question except by a civil action instituted within twenty days of the filing of the resolution. If a majority of the total votes cast are in favor of imposing the tax, then the tax is imposed as provided in this act; otherwise the tax is not imposed. A referendum on imposition of the tax authorized in this act may be held only at the time of the general election.
SECTION 4. (A) If the tax is approved in the referendum, the tax must be imposed beginning upon the first day of the sixth full month following the filing of the declaration of results of the referendum with the Department of Revenue.
(B) The tax terminates upon the earlier of:
(1) the final day of the maximum time specified for the imposition; or
(2) sixty days following the filing with the Department of Revenue of certified copies of resolutions adopted by the boards of trustees of each of the three Richland County school districts each requesting termination of the tax.
SECTION 5. (A) The tax levied pursuant to this act must be administered and collected by the Department of Revenue in the same manner that other sales and use taxes are collected. The department may prescribe the amounts which may be added to the sales price because of the tax.
(B) The tax authorized by this act is in addition to all other local sales and use taxes and applies to the gross proceeds of the sales in Richland County which are subject to the tax imposed by Chapter 36, Title 12 of the 1976 Code and the enforcement provisions of Chapter 54, Title 12 of the 1976 Code. The gross proceeds of the sale of items subject to a maximum tax in Chapter 36 of Title 12 of the 1976 Code are exempt from the tax imposed by this act. The gross proceeds of the sale of food which may lawfully be purchased with United States Department of Agriculture food coupons are exempt from the tax imposed by this act. The tax imposed by this act also applies to tangible personal property subject to the use tax in Article 13, Chapter 36 of Title 12 of the 1976 Code.
(C) Taxpayers required to remit taxes under Article 13, Chapter 36, Title 12 of the 1976 Code shall identify the county in which the tangible personal property purchased at retail is stored, used, or consumed in this State.
(D) Utilities are required to report sales in the county in which consumption of the tangible personal property occurs.
(E) A taxpayer subject to the tax imposed by Section 12-36-920 of the 1976 Code, who owns or manages rental units in more than one county shall separately report in his sales tax return the total gross proceeds from business done in each county.
(F) The gross proceeds of sales of tangible personal property delivered after the imposition date of the tax levied under this act in Richland County, either under the terms of a construction contract executed before the imposition date, or a written bid submitted before the imposition date, culminating in a construction contract entered into before or after the imposition date, are exempt from the special local sales and use tax provided in this section if a verified copy of the contract is filed with the Department of Revenue within six months after the imposition of the special local sales and use tax.
(G) Notwithstanding the imposition date of the special local sales and use tax authorized pursuant to this act, with respect to services that are regularly billed on a monthly basis, the special local sales and use tax is imposed beginning on the first day of the billing period beginning on or after the imposition date.
SECTION 6. (A) The revenues of the sales and use tax collected under this act must be remitted to the State Treasurer and credited to a fund separate and distinct from the general fund of the State. After deducting the amount of refunds made and costs to the Department of Revenue of administering the tax, not to exceed one percent of the revenues, the State Treasurer shall distribute the revenues monthly to the Richland County Treasurer for the benefit of the Richland County school districts in the amounts established in accordance with subsection (B) of this section. The State Treasurer may correct misallocation costs or refunds by adjusting subsequent distributions, but these adjustments must be made in the same fiscal year as the misallocation.
(B) The State Treasurer shall distribute proceeds of the tax, less amounts attributable to refunds and administration as provided in subsection (A) of this section to the Richland County Treasurer and thereafter by the Richland County Treasurer to the school districts of Richland County in direct proportion to the one hundred thirty-five day average daily membership of each of the three school districts for the fiscal year before the year in which a distribution is made, as certified by the State Treasurer upon advice of the State Department of Education. For purposes of this subsection, the one hundred thirty-five day average daily membership excludes any student not residing in Richland County.
(C) Except as provided in Section 7 of this act, withdrawals by the school districts of tax proceeds from the Richland County Treasurer must be made in the same manner as are funds appropriated to the school districts by the State. Pending these withdrawals, taxes must be deposited in accounts for each school district, separate and distinct from accounts established for any other purpose, and investment earnings derived from monies in such an account must be credited to the account. Each school district shall maintain records which demonstrate that tax proceeds are spent only for the purposes as approved by its board of trustees and in accordance with this act.
SECTION 7. If a school district elects that all or a portion of its share of the proceeds of the sales and use tax imposed and collected may be applied to the reduction of property taxes imposed in a given fiscal year to pay debt service on general obligation bonds of that school district, the school district shall notify the Richland County Treasurer in writing no later than July first of that fiscal year of its election and shall specify in the writing the amount of sales and use taxes to be applied to its general obligation bond debt service. The amount specified must not exceed the amount of sales and use tax proceeds held by the Richland County Treasurer for the school district as of July first of the fiscal year. The election is effective only for and apply only to debt service payments to be made in the eighteen-month period following that July first. Elections may be renewed from year to year.
Upon notification by a school district of its election under this section, the Richland County Treasurer shall certify to the Richland County Auditor by August first of that fiscal year the amount of sales and use taxes then held by the Richland County Treasurer for the benefit of the school district and designated by the school district for application to general obligation bond debt service payments. The Richland County Auditor shall reduce the levy of property taxes for the fiscal year required to pay debt service on general obligation bonds of the school district by the amount of sales and use tax revenues certified as held by the Richland County Treasurer and designated by the school district for the purpose. This amount of sales and use taxes thereafter must not be released to the school district, but must be held by the Richland County Treasurer to pay debt service on general obligation bonds. However, any sales and use taxes held by the Richland County Treasurer in excess of the amounts designated by the school district for payment of debt service on general obligation bonds in the eighteen months following the July first of the fiscal year must be expended as directed by the school district in accordance with this act. Any investment earnings derived from the sales and use tax must be expended as directed by the school district in accordance with this act. With respect to a school district situated in more than one county, the requirements of this Section 7 apply with respect to the auditor and treasurer of the county.
SECTION 8. The Department of Revenue, the State Department of Education, and the Richland County Auditor shall furnish data to the State Treasurer and to the school districts receiving tax revenues pursuant to this act for the purpose of calculating distributions and estimating revenues. The information which must be supplied to Richland County school districts upon request includes, but is not limited to, gross receipts, net taxable sales, and tax liability by taxpayers. Information about a specific taxpayer is considered confidential and is governed by the provisions of Section 12-54-240 of the 1976 Code. A person violating this section is subject to the penalties provided in Section 12-54-240 of the 1976 Code.
SECTION 9. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. COTTY explained the amendment.
The amendment was then adopted.
Rep. QUINN proposed the following Amendment No. 4 (Doc Name COUNCIL\SWB\AMEND\5392DW02), which was adopted:
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 "Richland County School Districts Property Tax Relief Act".
Section 2. Subject to the requirements of this act, there may be imposed a one percent sales and use tax within Richland County. The proceeds of the tax must be distributed to the three school districts in Richland County as provided in this act. The boards of trustees of each of the school districts, before the expenditure of the proceeds of the tax authorized by this act, by resolution, must determine the specific purposes for which the proceeds of the tax as distributed must be expended. However, in any case the proceeds only must be applied to (a) reduce ad valorem property taxes imposed to pay debt service on general obligation bonds or (b) otherwise defray the cost of capital improvements within each school district, as determined by resolution of the boards of trustees of the respective school districts.
Section 3. (a) The tax authorized by this act may be imposed upon (1) the adoption of an approving resolution by each of the boards of trustees of the three school districts in Richland County and (2) the subsequent approval of the imposition of the tax by referendum open to all qualified electors residing in Richland County. The approving resolutions must specify the maximum time, stated in calendar years, not to exceed twenty years, for which the tax must be imposed; the date upon which the referendum is held, the precincts and polling places for the referendum, and the question to appear on the referendum ballot. The approving resolutions, upon adoption, must be forwarded to the Richland County Registration and Elections Commission. Provided, Richland-Lexington School District 5 may not adopt an approving resolution as provided for in this section until (1) the provisions of Section 9 of this act have been fully implemented pursuant to all legal requirements, and (2) the filing period has closed for those Richland-Lexington School District 5 Trustees who are to be elected at the time of the general election in 2002.
(b) Upon receipt of approving resolutions from all Boards of Trustees of Richland County School Districts, the commission shall conduct a referendum on the question of imposing the tax in Richland County. Notice of the election must be provided in the manner provided by the general election law and include the question to be voted upon in the referendum. Expenses of the referendum must be paid by the three Richland County School Districts, proportionally according to number of persons residing in each school district who are registered to vote in Richland County.
(c) The question to be voted upon in the referendum must read substantially as follows:
"must a special one percent sales and use tax be imposed in Richland County for not more than ____ years with the revenue of the tax used to pay debt service on general obligation bonds of, or directly to defray the cost of capital improvements for, or both of these purposes, the three school districts in Richland County?
Yes []
No []"
(e) Upon receipt and certification of the returns of the referendum, the Richland County Registration and Election Commission, by resolution, shall certify the results of the referendum by resolution and within ten days thereafter file the resolution with the Richland County Clerk of Court and with the South Carolina Department of Revenue. The results of the referendum, as declared by resolution of the Richland County Registration and Election Commission and as filed with the Clerk of Court, is not open to question except by a civil action instituted within twenty days of the filing of the resolution. If a majority of the total votes cast are in favor of imposing the tax, then the tax is imposed as provided in this act; otherwise the tax is not imposed. A referendum on imposition of the tax authorized in this act may not be held more than once in a period of twelve consecutive months.
Section 4. (a) If the tax is approved in the referendum, the tax must be imposed beginning upon the first day of the sixth full month following the filing of the declaration of results of the referendum with the department of revenue.
(b) The tax terminates upon the earlier of:
(1) the final day of the maximum time specified for the imposition; or
(2) sixty days following the filing with the Department of Revenue of certified copies of resolutions adopted by the boards of trustees of each of the three Richland County School Districts each requesting termination of the tax.
Section 5. (a) The tax levied pursuant to this act must be administered and collected by the Department of Revenue in the same manner that other sales and use taxes are collected. The department may prescribe the amounts which may be added to the sales price because of the tax.
(b) The tax authorized by this act is in addition to all other local sales and use taxes and applies to the gross proceeds of the sales in Richland County which are subject to the tax imposed by Chapter 36, Title 12 of the 1976 Code and the enforcement provisions of Chapter 54, Title 12 of the 1976 Code. The gross proceeds of the sale of items subject to a maximum tax in Chapter 36 of Title 12 of the 1976 Code are exempt from the tax imposed by this act. The gross proceeds of the sale of food which may lawfully be purchased with United States Department of Agriculture food coupons are exempt from the tax imposed by this act. The tax imposed by this act also applies to tangible personal property subject to the use tax in Article 13, Chapter 36 of Title 12 of the 1976 Code.
(c) Taxpayers required to remit taxes under Article 13, Chapter 36, Title 12 of the 1976 Code shall identify the county in which the tangible personal property purchased at retail is stored, used, or consumed in this state.
(d) Utilities are required to report sales in the county in which consumption of the tangible personal property occurs.
(e) A taxpayer subject to the tax imposed by Section 12-36-920 of the 1976 Code, who owns or manages rental units in more than one county shall separately report in his sales tax return the total gross proceeds from business done in each county.
(f) The gross proceeds of sales of tangible personal property delivered after the imposition date of the tax levied under this act in Richland County, either under the terms of a construction contract executed before the imposition date, or a written bid submitted before the imposition date, culminating in a construction contract entered into before or after the imposition date, are exempt from the special local sales and use tax provided in this section if a verified copy of the contract is filed with the department of revenue within six months after the imposition of the special local sales and use tax.
(g) Notwithstanding the imposition date of the special local sales and use tax authorized pursuant to this act, with respect to services that are regularly billed on a monthly basis, the special local sales and use tax is imposed beginning on the first day of the billing period beginning on or after the imposition date.
Section 6. (a) The revenues of the sales and use tax collected under this act must be remitted to the State Treasurer and credited to a fund separate and distinct from the general fund of the State. After deducting the amount of refunds made and costs to the Department of Revenue of administering the tax, not to exceed one percent of the revenues, the State Treasurer shall distribute the revenues monthly to the Richland County Treasurer for the benefit of the Richland County School Districts in the amounts established in accordance with subsection (b) of this section. The State Treasurer may correct misallocation costs or refunds by adjusting subsequent distributions, but these adjustments must be made in the same fiscal year as the misallocation.
(b) The State Treasurer shall distribute proceeds of the tax, less amounts attributable to refunds and administration as provided in subsection (a) of this section, to the Richland County Treasurer and thereafter by the Richland County Treasurer to the school districts of Richland County in direct proportion to the one hundred thirty-five day average daily membership of each of the three school districts for the fiscal year before the year in which a distribution is made, as certified by the State Treasurer upon advice of the State Department of Education. For purposes of this subsection, the one hundred thirty-five day average daily membership excludes any student not residing in Richland County.
(c) Except as provided in Section 7 of this act, withdrawals by the school districts of tax proceeds from the Richland County Treasurer must be made in the same manner as are funds appropriated to the school districts by the state. Pending these withdrawals, taxes must be deposited in accounts for each school district, separate and distinct from accounts established for any other purpose, and investment earnings derived from monies in such an account must be credited to the account. Each school district shall maintain records which demonstrate that tax proceeds are spent only for the purposes as approved by its board of trustees and in accordance with this act.
Section 7. If a school district elects that all or a portion of its share of the proceeds of the sales and use tax imposed and collected may be applied to the reduction of property taxes imposed in a given fiscal year to pay debt service on general obligation bonds of that school district, the school district shall notify the Richland County Treasurer in writing no later than July first of that fiscal year of its election and shall specify in the writing the amount of sales and use taxes to be applied to its general obligation bond debt service. The amount specified must not exceed the amount of sales and use tax proceeds held by the Richland County Treasurer for the school district as of July first of the fiscal year. The election is effective only for and applies only to debt service payments to be made in the eighteen-month period following that July first. Elections may be renewed from year to year.
Upon notification by a school district of its election under this section, the Richland County Treasurer shall certify to the Richland County Auditor by August first of that fiscal year the amount of sales and use taxes then held by the Richland County Treasurer for the benefit of the school district and designated by the school district for application to general obligation bond debt service payments. The Richland County Auditor shall reduce the levy of property taxes for the fiscal year required to pay debt service on general obligation bonds of the school district by the amount of sales and use tax revenues certified as held by the Richland County Treasurer and designated by the school district for the purpose. This amount of sales and use taxes thereafter must not be released to the school district but must be held by the Richland County Treasurer to pay debt service on general obligation bonds. However, any sales and use taxes held by the Richland County Treasurer in excess of the amounts designated by the school district for payment of debt service on general obligation bonds in the eighteen months following the July first of the fiscal year must be expended as directed by the school district in accordance with this act. Any investment earnings derived from the sales and use tax must be expended as directed by the school district in accordance with this act. With respect to a school district situated in more than one county, the requirements of this Section 7 apply with respect to the auditor and Treasurer of the county.
Section 8. The Department of Revenue, the State Department of Education, and the Richland County Auditor shall furnish data to the State Treasurer and to the school districts receiving tax revenues pursuant to this act for the purpose of calculating distributions and estimating revenues. The information that must be supplied to Richland County School Districts upon request includes, but is not limited to, gross receipts, net taxable sales, and tax liability by taxpayers. Information about a specific taxpayer is considered confidential and is governed by the provisions of Section 12-54-240 of the 1976 Code. A person violating this section is subject to the penalties provided in Section 12-54-240 of the 1976 Code.
Section 9. (a) Notwithstanding another provision of law, in Richland-Lexington School District 5:
(1) three trustees must reside in Richland County and four must reside in Lexington County; and
(2) the results of the election for trustees must be determined in accordance with the nonpartisan election and run-off election method prescribed in Section 5-15-62 of the 1976 Code.
(b) beginning with the election of 2002, the seats for trustees of Richland-Lexington School District 5 must be numbered as follows with each candidate running for a particular seat:
(1) the seats presently held by trustees residing in Lexington County whose terms expire in 2004 are Seats 1, 2, and 3, respectively;
(2) the seat presently held by a trustee residing in Lexington County whose term expires in 2002 is Seat 4;
(3) the seat presently held by a trustee residing in Richland County whose term expires in 2004 is Seat 5;
(4) the seat presently held by a trustee residing in Richland County whose term expires in 2002 is Seat 6; and
(5) the seat presently held by a trustee residing in Lexington County whose term expires in 2002 must be filled in the election of 2002, and thereafter, by a resident of Richland County, is Seat 7. This trustee must be elected for a four-year term to expire in 2006.
(c) this section takes effect upon approval by the Governor and applies to the election of trustees of the Richland-Lexington School District 5 conducted in November 2002.
Section 10. Except as otherwise provided in this act, this act takes effect upon approval by the governor. /
Renumber sections to conform.
Amend totals and Title to conform.
Rep. MCLEOD raised the Point of Order that Amendment No. 4 was out of order in that it was not germane to the Bill under Rule 9.3. He stated further that the proposed amendment includes a new section that deals with redistricting while the rest of the amendment and the Bill deals with the imposition of a tax.
SPEAKER WILKINS stated that in compliance with previous rulings of the House in February and April of 1997, he was required to consider the amendment as a whole in comparing it to the title of the Bill. The Bill dealt with a local school tax matter and the amendment related solely to the same district; specifically, it dealt with the school board that would have to vote on the tax question. The amendment included a triggering provision that prevented the tax from being implemented until the local school board had been redistricted. He stated that the amendment was germane to the Bill and he overruled the Point of Order.
Rep. QUINN explained the amendment.
Rep. MCLEOD spoke against the amendment.
The amendment was then adopted.
Rep. RUTHERFORD proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\AMEND\9088HTC02), which was adopted:
Amend the bill, as and if amended, in SECTION 7, page 6, beginning on line 24, by striking /the county/ and inserting / each such county /.
Amend title to conform.
Rep. COTTY explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Bales Brown, J. Cotty Harrison Huggins Koon Lourie Neal, J.H. Quinn Riser Rutherford Scott Smith, J.E.
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. COTTY moved that upon the completion of the Ratification of Acts, the House recede until 2:15 p.m., which was agreed to.
At 12:45 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:
(R341, S. 633 (Word version)) -- Senator Mescher: AN ACT TO AMEND SECTION 51-13-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND TERMS OF MEMBERS OF THE SANTEE COOPER COUNTIES PROMOTIONS COMMISSION, SO AS TO PROVIDE THAT THE TERMS OF THE MEMBERS SHALL BE FOR FOUR YEARS INSTEAD OF ONE YEAR, TO DELETE OBSOLETE LANGUAGE, AND TO MAKE CERTAIN TECHNICAL CHANGES.
(R342, S. 968 (Word version)) -- Senator Leatherman: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND NOT MORE THAN $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, TO APPROPRIATE FROM THE SAME SOURCE NOT MORE THAN $9,750,000 FOR USE BY THE EMPLOYMENT SECURITY COMMISSION FOR LAND ACQUISITION AND CONSTRUCTION COSTS FOR OFFICE EXPANSION; AND TO ALLOW FUNDS PREVIOUSLY APPROPRIATED FOR HEATING AND AIR CONDITION AT THE HUNLEY LAB TO BE USED FOR LAB SECURITY AS THE DEPARTMENT OF PARKS, RECREATION AND TOURISM DETERMINES APPROPRIATE.
(R343, S. 1005 (Word version)) -- Senators J. V. Smith, Ryberg, Ravenel, Peeler, Grooms, Thomas, Giese, Ritchie, Anderson, Branton, Courson, Alexander, Fair, Mescher, Martin, Hawkins, Hayes, Kuhn, Leatherman, O'Dell, Bauer, Drummond, Elliott, Ford, Glover, Gregory, Holland, Hutto, Jackson, Land, Leventis, Matthews, McConnell, McGill, Moore, Patterson, Pinckney, Rankin, Reese, Richardson, Saleeby, Setzler, Short, Verdin and Waldrep: AN ACT TO AMEND SECTION 12-60-2510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX ASSESSMENT NOTICES ISSUED BY COUNTY ASSESSORS AND THE TIME ALLOWED FOR APPEALS OF THE VALUES PROVIDED IN THESE NOTICES, SO AS TO PROVIDE THAT SUBSTANTIALLY ALL PROPERTY TAX ASSESSMENT NOTICES MUST BE MAILED BY OCTOBER FIRST RATHER THAN FEBRUARY FIRST OF THE YEAR OF IMPLEMENTATION OF A COUNTYWIDE EQUALIZATION PROGRAM AND TO PROVIDE THAT A NOTICE OF OBJECTION TO A PROPOSED VALUE IN A PROPERTY TAX ASSESSMENT NOTICE MAY BE TIMELY FILED WITHIN NINETY DAYS RATHER THAN THIRTY DAYS AFTER THE MAILING OF THE PROPERTY TAX ASSESSMENT NOTICE.
(R344, S. 1010 (Word version)) -- Senators Fair, Glover, Verdin, Ryberg, Giese, Anderson, Alexander, Pinckney, Branton, Short, Thomas, Martin, Ford, Patterson and Gregory: A JOINT RESOLUTION TO ESTABLISH THE TASK FORCE ON CORRECTIONS AND PROVIDE ITS MEMBERSHIP AND DUTIES AND TO PROVIDE FOR IT TO MAKE A REPORT WITH RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE MARCH 1, 2003, AFTER WHICH THE TASK FORCE TERMINATES.
(R345, S. 1023 (Word version)) -- Senators Bauer, Giese, Mescher, Ravenel, Hayes, Ryberg, O'Dell, Gregory, Grooms, Kuhn, Martin and Branton: AN ACT TO AMEND SECTION 17-5-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CERTIFICATION OF THE CAUSE OF DEATH ON A DEATH CERTIFICATE BY A CORONER, DEPUTY CORONER, MEDICAL EXAMINER, OR DEPUTY MEDICAL EXAMINER, SO AS TO MAKE TECHNICAL CHANGES, AND TO PROVIDE DEFINITIONS FOR THE TERMS "SIGN", "SIGNED", AND "SIGNATURE"; AND TO AMEND SECTION 44-63-40, RELATING TO THE APPOINTMENT OF AND DUTIES OF COUNTY REGISTRARS, DEPUTY REGISTRARS, AND SUBREGISTRARS, SO AS TO PROVIDE THAT REPORTS OF BIRTH, DEATH, AND FETAL DEATH MUST BE TRANSMITTED TO THE STATE REGISTRAR AT INTERVALS PRESCRIBED BY THE STATE REGISTRAR AND NO LONGER TO THE COUNTY REGISTRAR.
(R346, S. 1172 (Word version)) -- Senators McConnell, Jackson, Holland, Elliott, Saleeby, Ford, O'Dell, Matthews, Moore, Rankin, Setzler, Hutto, Verdin, Courson, Bauer, Ravenel, Richardson, Glover, Martin, Branton, Leventis and Anderson: AN ACT TO AMEND TITLE 24, CHAPTER 21, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 SO AS TO PROVIDE FOR THE INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION AND, UPON THE EFFECTIVE DATE OF THIS ACT, TO REPEAL ARTICLE 9, CHAPTER 21 OF TITLE 24, RELATING TO THE UNIFORM ACT FOR OUT-OF-STATE PAROLEE SUPERVISION.
(R347, S. 1205 (Word version)) -- Senator Peeler: AN ACT TO AMEND ACT 587 OF 1992, AS AMENDED, RELATING TO THE DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1 ARE TO BE ELECTED, SO AS TO DECREASE FROM NINE TO SEVEN THE NUMBER OF SINGLE MEMBER DISTRICTS, TO PROVIDE THAT THESE DISTRICTS ARE AS SHOWN ON MAP REFERENCE S-21-00-02 COMPILED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD, TO PROVIDE THAT MEMBERS MUST BE ELECTED FROM DISTRICTS 2, 3, 4, AND 6 IN 2002 AND FROM DISTRICTS 1, 5, AND 7 IN 2004, TO REQUIRE SCHOOL BOARD CANDIDATES TO PAY A TWO HUNDRED DOLLAR FILING FEE TO HELP DEFRAY THE COST OF CONDUCTING THE ELECTION, AND TO DELETE OUT DATED DISTRICTS AND OTHER OUTDATED PROVISIONS.
(R348, S. 1266 (Word version)) -- Senator McGill: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF ANY SCHOOL IN WILLIAMSBURG COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(R349, H. 3010 (Word version)) -- Reps. Knotts, Davenport, J. Young, Sandifer, Robinson, Huggins, Bingham, Rodgers, Delleney, Rice, Sharpe, Simrill, G.M. Smith, Leach, Trotter, Lucas, White, Bowers, Taylor, Klauber, Vaughn, A. Young, Rhoad, Meacham-Richardson, Hayes, Stuart, Cato, Kirsh, Tripp, Snow, Campsen, Scarborough, Hinson, Ott, Loftis, Barfield, Talley, Koon, D.C. Smith, Whatley and Owens: AN ACT TO AMEND SECTION 16-23-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CARRYING OR DISPLAYING OF FIREARMS IN A PUBLIC BUILDING OR UPON AREAS ADJACENT TO A PUBLIC BUILDING, SO AS TO MAKE TECHNICAL CHANGES, AND TO PROVIDE THAT A PERSON WHO IS AUTHORIZED TO CARRY A CONCEALED WEAPON MAY CARRY A CONCEALED WEAPON UPON ANY PREMISES, PROPERTY, OR BUILDING THAT IS PART OF AN INTERSTATE REST AREA FACILITY; TO AMEND SECTION 16-23-465, AS AMENDED, RELATING TO PENALTIES FOR UNLAWFULLY CARRYING A PISTOL OR FIREARM ONTO THE PREMISES OF A BUSINESS SELLING ALCOHOLIC LIQUORS, BEER, OR WINE FOR ON PREMISES CONSUMPTION, SO AS TO REVISE THE PARTICULARS OF THIS OFFENSE; TO AMEND SECTION 23-31-210, RELATING TO DEFINITIONS CONTAINED IN THE LAW ABIDING CITIZEN'S SELF-DEFENSE ACT OF 1996, SO AS TO REVISE THE DEFINITION OF THE TERM "RESIDENT"; TO AMEND SECTION 23-31-215, AS AMENDED, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPON PERMITS, SO AS TO REDUCE THE NUMBER OF PHOTOGRAPHS OF AN APPLICANT THAT MUST BE SUBMITTED WITH AN INITIAL AND A RENEWAL APPLICATION FOR A CONCEALABLE WEAPON PERMIT, TO SPECIFY THE SIZE OF THE PHOTOGRAPH, TO PROVIDE THAT THE SUBMISSION OF A COMPLETE SET OF FINGERPRINTS WITH AN INITIAL OR RENEWAL APPLICATION FOR A CONCEALABLE WEAPON PERMIT MAY BE WAIVED UNDER CERTAIN CIRCUMSTANCES, TO REVISE THE RESIDENCY REQUIREMENT CONTAINED IN THE CONCEALABLE WEAPON PERMIT APPLICATION FORM, TO PROVIDE A CONCEALABLE WEAPON PERMIT HOLDER WHO IS CARRYING A CONCEALABLE WEAPON MUST INFORM A LAW ENFORCEMENT OFFICER UNDER CERTAIN CIRCUMSTANCES THAT HE IS A PERMIT HOLDER, TO PROVIDE THAT A CONCEALABLE WEAPON PERMIT HOLDER WHO IS GIVEN EXPRESS PERMISSION BY THE APPROPRIATE CHURCH OFFICIAL OR GOVERNING BODY MAY CARRY A CONCEALABLE WEAPON INTO A CHURCH OR OTHER ESTABLISHED RELIGIOUS SANCTUARY, AND TO PROVIDE THAT ONCE A CONCEALABLE WEAPON PERMIT HOLDER IS NO LONGER A RESIDENT OF THIS STATE, HIS CONCEALABLE WEAPON PERMIT IS VOID AND MUST BE SURRENDERED TO SLED; TO AMEND SECTION 23-31-235, RELATING TO THE CONTENT OF POSTED SIGNS THAT PROHIBIT THE CARRYING OF A CONCEALABLE WEAPON UPON ANY PREMISES, SO AS TO REVISE THE SIZE, CONTENT, AND PLACEMENT OF THESE SIGNS; AND TO AMEND SECTION 51-3-145, AS AMENDED, RELATING TO ACTS THAT MAY NOT BE COMMITTED AT ANY PARK OR FACILITY UNDER THE JURISDICTION OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, SO AS TO ALLOW A PERSON WHO POSSESSES A CONCEALABLE WEAPON PERMIT TO POSSESS A CONCEALABLE WEAPON AND ITS AMMUNITION AT ANY PARK OR FACILITY UNDER THE JURISDICTION OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM.
(R350, H. 3014 (Word version)) -- Reps. Kirsh, Witherspoon, Walker, Meacham-Richardson and Stille: AN ACT TO AMEND SECTION 56-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF A MOTOR VEHICLE BY A NONRESIDENT OWNER, SO AS TO PROVIDE FOR A SWORN WRITTEN RESPONSE TO INQUIRY AS TO NONRESIDENCY BY THE COUNTY AUDITOR OF ANY COUNTY IN WHICH A NONRESIDENT OWNS OR LEASES REAL OR PERSONAL PROPERTY, TO REQUIRE THAT THE INQUIRY BE DELIVERED BY HAND OR CERTIFIED MAIL AND BASED ON A CREDIBLE REPORT THAT THE NONRESIDENT OWNS OR OPERATES A NONREGISTERED VEHICLE AND OWNS OR LEASES PROPERTY IN THE COUNTY, TO MAKE THE WILFUL FAILURE TO REGISTER IN A TIMELY MANNER, FILING A FALSE RESPONSE, OR OTHER WILFUL VIOLATION OF THE PROVISIONS A MISDEMEANOR, AND TO PROVIDE FOR PENALTIES AND PAYMENT OF TWICE THE PERSONAL PROPERTY TAXES PROPERLY DUE AND PAYABLE ON THE VEHICLE, PLUS PENALTIES AND INTEREST.
(R351, H. 3174 (Word version)) -- Reps. Wilkins, Simrill, Whatley, Davenport, Coates, Vaughn, Robinson, Altman, Owens, Gilham and Tripp: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-35 SO AS TO ESTABLISH "SOUTH CAROLINA HOME SCHOOL AWARENESS WEEK" EACH YEAR TO RECOGNIZE THE MANY FAMILIES IN SOUTH CAROLINA WHO EDUCATE THEIR CHILDREN AT HOME, AND TO PROVIDE THAT DURING HOME SCHOOL AWARENESS WEEK, ALL HOME SCHOOL STUDENTS IN THIS STATE AND THEIR PARENTS OR GUARDIANS WHO SERVE AS THEIR CHILDREN'S TEACHER SHALL BE PROVIDED THE SAME ADMISSION OPPORTUNITIES TO CERTAIN STATE AND LOCAL EDUCATIONAL FACILITIES AS ARE PROVIDED TO PUBLIC AND PRIVATE SCHOOL STUDENTS AND THEIR TEACHERS; AND BY ADDING SECTION 59-65-46 SO AS TO PROVIDE THAT A FOSTER PARENT MAY TEACH A FOSTER CHILD AT HOME, IF IN ADDITION TO ANY OTHER REQUIREMENTS, HOME SCHOOLING OF THE CHILD HAS BEEN APPROVED BY THE DEPARTMENT OF SOCIAL SERVICES OR OTHER AGENCY HAVING CUSTODY OF THE CHILD.
(R352, H. 3328 (Word version)) -- Rep. Harrison: AN ACT TO AMEND SECTION 56-5-765, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INVESTIGATION OF A TRAFFIC COLLISION INVOLVING A LAW ENFORCEMENT OR DEPARTMENT OF PUBLIC SAFETY MOTOR VEHICLE, SO AS TO PROVIDE THAT A LAW ENFORCEMENT AGENCY THAT HAS PRIMARY RESPONSIBILITY FOR AN INVESTIGATION INVOLVING AN EMPLOYEE OF ANOTHER DEPARTMENT OR AGENCY, BUT LACKS EXPERTISE TO CONDUCT A PROPER INVESTIGATION, MAY REQUEST ASSISTANCE FROM ANOTHER AGENCY THAT HAS THE APPROPRIATE EXPERTISE, AS LONG AS THE ASSISTING AGENCY OR AN EMPLOYEE OF THE ASSISTING AGENCY IS NOT A SUBJECT OF THE INVESTIGATION, AND TO PROVIDE THAT A REQUEST MADE PURSUANT TO THIS PROVISION SHALL RESULT IN A JOINT INVESTIGATION CONDUCTED BY BOTH AGENCIES.
(R353, H. 3819 (Word version)) -- Reps. Delleney, Simrill, McGee, Barfield, Barrett, Davenport, Emory, Hamilton, Kirsh, Littlejohn, Loftis, McCraw, J.M. Neal, Ott, Phillips, F.N. Smith, Snow, Whatley and Witherspoon: AN ACT TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEEDINGS OF A DEATH PENALTY TRIAL, SO AS TO REVISE THE DEFINITION OF "LIFE IMPRISONMENT" AND PROVIDE THAT, WHEN REQUESTED BY THE STATE OR THE DEFENDANT, THE JUDGE MUST CHARGE THE JURY IN HIS INSTRUCTIONS THAT LIFE IMPRISONMENT MEANS UNTIL THE DEATH OF THE DEFENDANT WITHOUT THE POSSIBILITY OF PAROLE, AND IN CASES WHERE THE DEFENDANT IS ELIGIBLE FOR PAROLE, THE JUDGE MUST CHARGE THE APPLICABLE PAROLE ELIGIBILITY STATUTE.
(R354, H. 4258 (Word version)) -- Reps. Sharpe, Wilkins, W.D. Smith and Davenport: AN ACT TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION BY ADDING CHAPTER 56, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ADMINISTER A PILOT PROGRAM WITH UP TO TEN PARTICIPANTS FOR UP TO FIVE YEARS, WITH A POSSIBLE FIVE-YEAR RENEWAL, FOR THE PURPOSE OF TESTING AND EVALUATING INNOVATIVE ENVIRONMENTAL APPROACHES TO ACHIEVE SUPERIOR ENVIRONMENTAL PERFORMANCE NOT OTHERWISE AUTHORIZED UNDER EXISTING LAW, TO REQUIRE PARTICIPANTS TO BE MEMBERS OF THE SOUTH CAROLINA ENVIRONMENTAL EXCELLENCE PROGRAM, TO ESTABLISH PILOT PROGRAM PROCEDURES AND BASIC TERMS OF AGREEMENT BETWEEN THE DEPARTMENT AND PARTICIPANTS, TO REQUIRE PUBLIC NOTICE OF AGREEMENTS BEING CONSIDERED FOR APPROVAL OR REVOCATION, TO AUTHORIZE VARIANCES FROM EXISTING LAW, AND TO REQUIRE PARTICIPANTS TO COMPLY WITH CERTAIN REPORTING AND ENFORCEMENT PROCEDURES; AND TO PROVIDE THAT OVER-FILL PREVENTION DEVICES ARE NOT REQUIRED FOR REFILLING EXISTING NONCOMMERCIAL PROPANE GAS TANKS.
(R355, H. 4303 (Word version)) -- Rep. Talley: AN ACT TO AMEND SECTION 39-15-1110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS WHICH PRECLUDE THE REGISTRATION OF CERTAIN DISTINGUISHING MARKS FOR GOODS OR SERVICES, SO AS TO PROVIDE THAT CERTAIN MARKS OR TRADE NAMES PREVIOUSLY USED BY ANOTHER PERSON IN THIS STATE MAY NOT BE REGISTERED.
(R356, H. 4548 (Word version)) -- Reps. W.D. Smith, Scarborough, McLeod, Knotts and Owens: AN ACT TO AMEND SECTIONS 4-12-30, 4-29-67, AND 12-44-30, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS FEES IN LIEU OF PROPERTY TAXES AND THE APPLICABLE INVESTMENT THRESHOLDS FOR ELIGIBILITY FOR THESE FEES, SO AS TO PROVIDE THAT THERE MAY BE INCLUDED TO MEET THE MINIMUM INVESTMENT THRESHOLD REQUIREMENT AMOUNTS EXPENDED FOR COSTS INCURRED FOR VOLUNTARY CLEANUP ACTIVITY OF A NONRESPONSIBLE PARTY PURSUANT TO ARTICLE 7, CHAPTER 56, TITLE 44, THE BROWNFIELDS VOLUNTARY CLEANUP PROGRAM AND TO PROVIDE THAT AT LEAST ONE MILLION DOLLARS OF CLEANUP COSTS INCURRED QUALIFY THE PROJECT FOR THE FEE; BY ADDING SECTION 12-6-3550 SO AS TO ALLOW A STATE CORPORATE INCOME TAX CREDIT FOR EXPENSES INCURRED BY A TAXPAYER IN CLEANING UP A SITE PURSUANT TO ARTICLE 7, CHAPTER 56, TITLE 44. THE BROWNFIELDS VOLUNTARY CLEANUP ACT, TO PROVIDE THE AMOUNT OF THE CREDIT, THOSE ELIGIBLE TO RECEIVE IT, AND THE PROCEDURES NECESSARY TO CLAIM THE CREDIT; BY AMENDING SECTION 12-6-3360, AS AMENDED, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO ALLOW AN ADDITIONAL CREDIT EQUAL TO ONE THOUSAND DOLLARS FOR AN OTHERWISE QUALIFYING NEWLY CREATED JOB IF THE JOB IS CREATED AT A FACILITY ON PROPERTY WHICH HAS BEEN THE SUBJECT OF A COMPLETED RESPONSE ACTION PURSUANT TO A NONRESPONSIBLE PARTY VOLUNTARY CLEANUP CONTRACT UNDER ARTICLE 7, CHAPTER 56, TITLE 44, THE BROWNFIELDS VOLUNTARY CLEANUP PROGRAM; AND BY AMENDING SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW AN EXEMPTION FROM COUNTY TAXES FOR FIVE YEARS ON PROPERTY SUBJECT TO A NONRESPONSIBLE PARTY VOLUNTARY CLEANUP CONTRACT FOR WHICH A CERTIFICATE OF COMPLETION HAS BEEN ISSUED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
(R357, H. 4656 (Word version)) -- Rep. F.N. Smith: AN ACT TO AMEND SECTION 15-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL REQUIREMENT THAT CIVIL ACTIONS MUST BE COMMENCED WITHIN THE STATUTORILY PRESCRIBED TIME FRAMES, SO AS TO PROVIDE THAT A CIVIL ACTION IS COMMENCED WHEN THE SUMMONS AND COMPLAINT ARE FILED WITH THE CLERK OF COURT IF ACTUAL SERVICE IS ACCOMPLISHED WITHIN ONE HUNDRED TWENTY DAYS AFTER FILING.
(R358, H. 4663 (Word version)) -- Reps. Allison, Harrell, Townsend, Cotty, J.R. Smith, Clyburn and Walker: A JOINT RESOLUTION TO AUTHORIZE SCHOOL DISTRICTS AND SPECIAL SCHOOLS FOR FISCAL YEARS 2001-2002 AND 2002-2003 TO TRANSFER UP TO TWENTY PERCENT OF REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE, AND TO AUTHORIZE SCHOOL DISTRICTS AND SPECIAL SCHOOLS FOR FISCAL YEARS 2001-2002 AND 2002-2003 TO EXPEND FUNDS RECEIVED FROM THE CHILDREN'S EDUCATION ENDOWMENT FUND FOR SCHOOL FACILITIES AND FIXED EQUIPMENT ASSISTANCE INSTEAD FOR ANY INSTRUCTIONAL PROGRAM.
(R359, H. 4670 (Word version)) -- Reps. Harrison, Haskins and Martin: AN ACT TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY NOT BE ISSUED A DRIVER'S LICENSE OR HAVE THEIR DRIVER'S LICENSE RENEWED, SO AS TO DELETE THE PROVISION THAT ALLOWS PERSONS FROM OTHER COUNTRIES WHO ARE PRESENT IN SOUTH CAROLINA ON A STUDENT VISA OR ON A WORK VISA OR THEIR DEPENDENTS TO OBTAIN A DRIVER'S LICENSE OR HAVE THEIR DRIVER'S LICENSE RENEWED, TO DEFINE "RESIDENT OF SOUTH CAROLINA" FOR PURPOSES OF DETERMINING ELIGIBILITY TO OBTAIN OR RENEW A DRIVER'S LICENSE, TO PROVIDE THAT RESIDENTS OF SOUTH CAROLINA AND THEIR DEPENDENTS ARE ELIGIBLE TO OBTAIN A DRIVER'S LICENSE OR HAVE A DRIVER'S LICENSE RENEWED, TO PROVIDE THE EXPIRATION DATE FOR A DRIVER'S LICENSE ISSUED PURSUANT TO THIS PROVISION, AND TO PROVIDE THAT A PERSON PENDING ADJUSTMENT OF STATUS WHO PRESENTS APPROPRIATE DOCUMENTATION TO THE DEPARTMENT OF PUBLIC SAFETY SHALL BE GRANTED A ONE-YEAR EXTENSION OF HIS DRIVER'S LICENSE WHICH IS RENEWABLE ANNUALLY.
(R360, H. 4757 (Word version)) -- Rep. Harrison: AN ACT TO AMEND SECTION 23-19-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARGES A SHERIFF OR JAILER MAY IMPOSE FOR THE HOUSING OF PRISONERS COMMITTED TO A COUNTY JAIL TO SERVE A SENTENCE IMPOSED BY THE FEDERAL COURTS, SO AS TO REVISE THE CHARGE AND CONTRACTUAL PROCEDURE BY ALLOWING SHERIFFS, JAILERS, AND MUNICIPALITIES TO CHARGE AN AMOUNT PER DAY AS PROVIDED BY CONTRACTUAL AGREEMENT WITH THE APPROPRIATE FEDERAL AUTHORITY FOR EACH PERSON COMMITTED TO A JAIL OR ANOTHER DETENTION FACILITY EITHER AS A PRETRIAL FEDERAL DETAINEE, PENDING A JUDICIAL HEARING OR ACTION, AS A FEDERAL PRISONER IN TRANSIT FROM OR AWAITING TRANSFER TO ANOTHER INSTITUTION, OR AS A FEDERAL INMATE SERVING A SENTENCE IMPOSED BY THE UNITED STATES COURTS, TO DELETE THE PROVISION THAT ALLOWS A PORTION OF THE CHARGE TO BE USED BY THE COUNTY JAIL, TO PROVIDE THAT THE CONTRACT MUST BE SIGNED BY THE SHERIFF IF HE IS RESPONSIBLE FOR OPERATING A COUNTY JAIL OR DETENTION FACILITY USED TO HOUSE FEDERAL DETAINEES, PRISONERS, OR INMATES, AND TO PROVIDE THAT ANY EXPENDITURE OF MONIES CONTAINED IN THIS SECTION MUST BE MADE IN ACCORDANCE WITH THE ESTABLISHED PROCUREMENT PROCEDURES OF THE LOCAL GOVERNMENT WHICH HAS BUDGET APPROPRIATION AUTHORITY FOR THE JAIL OR DETENTION FACILITY.
(R361, H. 4818 (Word version)) -- Rep. Stille: AN ACT TO AMEND SECTION 59-58-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA NONPUBLIC POST-SECONDARY INSTITUTION LICENSE ACT, SO AS TO ADD CERTAIN DEFINITIONS; TO AMEND SECTION 59-58-30, RELATING TO EXCLUSIONS FROM THE DEFINITION OF "NONPUBLIC EDUCATIONAL INSTITUTION", SO AS TO FURTHER PROVIDE FOR THOSE ACTIVITIES, COURSES, OR INSTITUTIONS THAT COME WITHIN THIS EXCLUSION; TO AMEND SECTION 59-58-50, RELATING TO LICENSE REQUIREMENTS FOR NONPUBLIC INSTITUTIONS, SO AS TO PROVIDE LICENSES MAY BE GRANTED TO NONDEGREE GRANTING INSTITUTIONS FOR LESS THAN TWELVE MONTHS; TO AMEND SECTION 59-58-60, RELATING TO USE OF THE TERM "COLLEGE" OR "UNIVERSITY" IN A NAME, SO AS TO REVISE THE CIRCUMSTANCES WHEN THESE TERMS MAY AND MAY NOT BE USED; TO AMEND SECTION 59-58-70, RELATING TO FEES, SO AS TO PROVIDE FOR FURTHER SITUATIONS WHEN PENALTIES MAY BE IMPOSED; TO AMEND SECTION 59-58-100, RELATING TO ENROLLMENT CONTRACTS AND OTHER AGREEMENTS BEING VOID WITHOUT A LICENSE, SO AS TO CORRECT A GRAMMATICAL REFERENCE; AND TO AMEND SECTION 59-58-110, RELATING TO DENIAL, REVOCATION, OR SUSPENSION OF LICENSES, SO AS TO FURTHER PROVIDE FOR WHEN THE COMMISSION ON HIGHER EDUCATION MAY PROCEED WITH A DENIAL OR REVOCATION AND TO AUTHORIZE THE COMMISSION TO ALSO IMPOSE PROBATION AND DELAY A NEW CLASS TERM.
(R362, H. 4891 (Word version)) -- Reps. Sharpe, Davenport, Ott and Dantzler: AN ACT TO AMEND SECTION 47-5-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FURNISHING ANTIRABIC (HUMAN) VACCINE, SO AS TO PROVIDE THAT THE DEPARTMENT MUST ENSURE THE AVAILABILITY OF ANTIRABIC (HUMAN) VACCINE AND GLOBULIN PRODUCTS FOR PERSONS BITTEN BY OR EXPOSED TO A PET OR ANIMAL FOUND OR SUSPECTED TO BE AFFECTED BY RABIES, TO PROVIDE THAT THE PROVISION OF THESE PRODUCTS MUST BE IN ACCORDANCE WITH DEPARTMENT GUIDELINES, AND TO AUTHORIZE THE DEPARTMENT TO SEEK REIMBURSEMENT FOR THESE PRODUCTS.
(R363, H. 4998 (Word version)) -- Rep. Kelley: AN ACT TO AMEND SECTION 1-1-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION FOR THE STATE TREASURER TO MAKE INSTALLMENT LOANS TO ENTITIES OF STATE GOVERNMENT FOR THE PURPOSE OF RENTING, LEASING, OR PURCHASING OF CERTAIN EQUIPMENT, SO AS TO DELETE REFERENCES TO INSTALLMENT LOANS AND INSTEAD ALLOW THE STATE TREASURER TO PROVIDE FINANCING ARRANGEMENTS UNDER THE MASTER LEASE PROGRAM TO ENTITIES OF STATE GOVERNMENT FOR THE PURPOSE OF OBTAINING CERTAIN EQUIPMENT, TO REQUIRE THE STATE TREASURER TO NEGOTIATE THE FINANCING TERMS FOR THIS PROGRAM, TO REQUIRE REPAYMENT SCHEDULES UNDER THE PROGRAM TO PROVIDE SUFFICIENT FUNDS TO DEFRAY PROGRAM ADMINISTRATION COSTS, AND TO ALLOW THE OFFICE OF THE STATE TREASURER TO RETAIN THESE FUNDS TO DEFRAY ITS COSTS WITH ANY EXCESS FUNDS AT YEAR-END DEPOSITED TO THE CREDIT OF THE GENERAL FUND OF THE STATE.
(R364, H. 5007 (Word version)) -- Reps. Klauber and Carnell: AN ACT TO AMEND CHAPTER 16, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FUNDS OF THE SOUTH CAROLINA RETIREMENT SYSTEMS, BY ADDING ARTICLE 5 SO AS TO ALLOW THE SOUTH CAROLINA RETIREMENT SYSTEMS TO PROVIDE UNBIASED INVESTMENT EDUCATION TO ANY PARTICIPANT IN THE VARIOUS STATE RETIREMENT SYSTEMS AND TO REPEAL SECTION 8-23-115 RELATING TO THE REQUIREMENT OF PROVIDING CONSULTATIVE SERVICES FOR PARTICIPANTS IN THE DEFERRED COMPENSATION PLANS OFFERED BY THE DEFERRED COMPENSATION COMMISSION.
(R365, H. 5060 (Word version)) -- Reps. Rhoad, Sharpe, Jennings, Witherspoon, Harrison, Bingham, Koon, J.H. Neal, Cotty, Lloyd, Whipper, Whatley, Clyburn, Battle, Bales, Ott, Lourie, Moody-Lawrence, J.R. Smith, Lucas, Hosey, McCraw, J. Young, McLeod, Hayes, Allen, Allison, Altman, Askins, Barfield, Barrett, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harvin, Haskins, J. Hines, M. Hines, Hinson, Howard, Huggins, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Law, Leach, Lee, Limehouse, Littlejohn, Loftis, Mack, Martin, McGee, Meacham-Richardson, Merrill, Miller, J.M. Neal, Neilson, Owens, Parks, Perry, Phillips, Quinn, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, White, Wilder, Wilkins and A. Young: AN ACT TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES INVOLVING FORGERY, LARCENY, EMBEZZLEMENT, FALSE PRETENSES, AND CHEATS, BY ADDING SECTION 16-13-177 SO AS TO PROVIDE THAT, WHEN CERTAIN OFFENSES INVOLVE TIMBER THEFT IN EXCESS OF FIVE THOUSAND DOLLARS, ALL MOTOR VEHICLES, CONVEYANCES, TRACTORS, TRAILERS, WATERCRAFT, VESSELS, TOOLS, AND EQUIPMENT OF ANY KIND KNOWINGLY USED IN THE COMMISSION OF THE OFFENSE MAY BE CONFISCATED AND FORFEITED TO THE JURISDICTION WHERE THE OFFENSE OCCURRED, TO PROVIDE FOR FORFEITURE PROCEDURES AND THE SALE OF FORFEITED PROPERTY, AND TO PROVIDE FOR THE DISPOSITION OF THE PROCEEDS FROM THE SALE OF FORFEITED PROPERTY; AND TO AMEND CHAPTER 23, TITLE 48, RELATING TO FORESTRY GENERALLY, BY ADDING SECTION 48-23-97 SO AS TO PROVIDE THAT A TIMBER BUYER OR TIMBER OPERATOR PURCHASING TREES, TIMBER, OR WOOD BY THE LOAD MUST FURNISH THE TIMBER GROWER OR SELLER A SEPARATE, TRUE, AND ACCURATE WOOD LOAD TICKET FOR EACH LOAD OF WOOD WITHIN THIRTY DAYS OF COMPLETION OF THE HARVEST, TO PROVIDE EXCEPTIONS TO THE APPLICATION OF THIS SECTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
(R366, H. 5091 (Word version)) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO COMMUNICABLE DISEASES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2720, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R367, H. 5149 (Word version)) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO INFECTIOUS WASTE MANAGEMENT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2715, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R368, H. 5150 (Word version)) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WASTE COMBUSTION AND REDUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2721, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R369, H. 5172 (Word version)) -- Rep. Coleman: AN ACT TO AMEND ACT 191 OF 1991, RELATING TO THE FAIRFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE AMOUNT OF ANNUAL SCHOOL BUDGET INCREASES WHICH DO NOT REQUIRE THE APPROVAL OF THE COUNTY COUNCIL, AND TO DELETE CERTAIN LANGUAGE RELATING TO THE NOTIFICATION OF AND SETTING OF THE SCHOOL MILLAGE.
(R370, H. 5190 (Word version)) -- Rep. Barfield: A JOINT RESOLUTION TO PROVIDE THAT JANUARY 3, 2002, MISSED BY THE STUDENTS IN THE HORRY COUNTY SCHOOL SYSTEM WHEN SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS, IF APPROVED BY THE GOVERNING BOARD OF THE SCHOOL SYSTEM, IS EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(R371, H. 5209 (Word version)) -- Reps. J.R. Smith, Clyburn, Perry, Sharpe and D.C. Smith: AN ACT TO AMEND ACT 588 OF 1986, AS AMENDED, RELATING TO THE ESTABLISHMENT OF SINGLE MEMBER ELECTION DISTRICTS FOR THE SCHOOL BOARD OF AIKEN COUNTY, SO AS TO REAPPORTION THE DISTRICTS, DELETE PREVIOUS APPORTIONMENT AND REAPPORTIONMENT PLANS, AND EXTEND THE DATE FOR FILING NOMINATING PETITIONS FOR ELECTIONS CONDUCTED FOR SCHOOL BOARD MEMBERS IN 2002.
(R372, H. 5237 (Word version)) -- Reps. Freeman, Lucas, Jennings and Neilson: AN ACT TO AMEND ACT 1010 OF 1968, AS AMENDED, RELATING TO THE LOCAL EDUCATION ADVISORY COUNCILS IN THE CHESTERFIELD COUNTY SCHOOL DISTRICT SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THE MEMBERSHIP OF CERTAIN OF THE ADVISORY COUNCILS ARE DETERMINED.
At 2:15 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. 887 (Word version) -- Senators Hayes, Ryberg, Gregory, Hutto, Matthews, Short and Moore: A BILL TO AMEND SECTIONS 4-10-320, 4-10-330, AND 4-10-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION CREATED BY THE GOVERNING BODY OF A COUNTY FOR THE IMPLEMENTATION OF THE CAPITAL PROJECTS SALES TAX ACT, THE REFERENDUM REQUIRED BEFORE THE TAX MAY BE IMPOSED, AND THE DATE THE TAX IS IMPOSED AND TERMINATES, SO AS TO PROVIDE THAT THE COMMISSION SHALL RECOMMEND THE WORDING OF THE REFERENDUM QUESTION TO THE GOVERNING BODY OF THE COUNTY WHICH MAY ALTER THIS RECOMMENDED WORDING ONLY BY A TWO-THIRDS VOTE AND PROVIDE WHAT CONSTITUTES A TWO-THIRDS VOTE, TO PROVIDE FOR A REVISED DATE FOR THE REFERENDUM IN CASES OF A SUBSEQUENT IMPOSITION OF THE TAX AND DELETE OBSOLETE LANGUAGE, TO PROVIDE FOR THE CONTINUATION OF THE TAX WITHOUT INTERRUPTION IN A SUBSEQUENT IMPOSITION, AND TO REVISE THE FACTORS FOR DETERMINING THE TERMINATION OF THE TAX.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\ 9113HTC02), which was adopted:
Amend the bill, as and if amended, Section 4-10-330(C) as contained in SECTION 1, page 2, line 6, by inserting after / tax /:
/ in effect on or before June 1, 2002, and /.
When amended Section 4-10-330(C) reads:
/ (C) Upon receipt of the ordinance, the county election commission must conduct a referendum on the question of imposing the sales and use tax in the area of the county that is to be subject to the tax. If the ordinance is received prior to October 1, 1997, a referendum for this purpose may be held on Tuesday, November 4, 1997; however, if the ordinance is received on October 1, 1997, or thereafter, a The referendum for this purpose must be held at the time of the general election unless the vote is to reimpose a tax in effect on or before June 1, 2002, and in existence at the time of such vote, in which case the referendum may be held on a general election day or at a time the governing body of the county and the Department of Revenue determine necessary to permit the tax to be reinstated and continue without interruption. The choice of election times rests with the governing body of the county. Two weeks before the referendum the election commission must publish in a newspaper of general circulation the question that is to appear on the ballot, with the list of projects and the cost of the projects. This notice is in lieu of any other notice otherwise required by law. /
Amend further, as and if amended, by adding an appropriately numbered penultimate SECTION to read:
/ SECTION __. Section 4-10-350(B) of the 1976 Code, as added by Act 138 of 1997, is amended to read:
"(B) The tax authorized by this article is in addition to all other local sales and use taxes and applies to the gross proceeds of sales in the applicable area that is subject to the tax imposed by Chapter 36 of Title 12 and the enforcement provisions of Chapter 54 of Title 12. The gross proceeds of the sale of items subject to a maximum tax in Chapter 36 of Title 12 are exempt from the tax imposed by this article. Food items eligible for purchase with United States Department of Agriculture food coupons are exempt from the tax imposed pursuant to this article if the tax is first imposed in a county after June 30, 2002, or when the tax is reimposed in a county or otherwise extended beyond the original termination date in a county after June 30, 2002. The tax imposed by this article also applies to tangible personal property subject to the use tax in Article 13, Chapter 36 of Title 12." /
Renumber sections to conform.
Amend title to conform.
Rep. J. R. SMITH explained the amendment.
The amendment was then adopted.
Rep. LIMEHOUSE proposed the following Amendment No. 2 (Doc Name COUNCIL\DKA\AMEND\3019MM02), which was tabled:
Amend the bill, as and if amended, by deleting SECTION 1 in its entirety and inserting:
/ SECTION 1 Section 4-10-330(A)(1)(b) of the 1976 Code, as added by Act 138 of 1997, is amended to read:
"(b) public education facilities, courthouses, administration buildings, civic centers, hospitals, emergency medical facilities, police stations, fire stations, jails, correctional facilities, detention facilities, libraries, coliseums, or any combination of these projects;" /
Renumber sections to conform.
Amend totals and title to conform.
Rep. J. R. SMITH moved to table the amendment, which was agreed to.
The SPEAKER granted Reps. GOVAN and PARKS a leave of absence for the remainder of the day.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bales Barrett Battle Bingham Bowers Breeland Brown, J. Carnell Cato Clyburn Cobb-Hunter Cooper Cotty Davenport Delleney Edge Emory Freeman Frye Gilham Gourdine Harrison Hayes Hines, J. Hosey Huggins Jennings Keegan Kelley Kennedy Kirsh Koon Lee Littlejohn Loftis Lourie Lucas Mack Martin McCraw Neal, J.M. Ott Perry Rice Riser Rutherford Sandifer Scott Sharpe Simrill Sinclair Smith, D.C. Smith, F.N. Smith, J.R. Smith, W.D. Snow Stille Talley Taylor Thompson Townsend Tripp Vaughn Webb Whatley White Wilder Wilkins Witherspoon
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. EDGE moved to adjourn debate upon the following Bill until Tuesday, May 28, which was adopted:
S. 232 (Word version) -- Senator Elliott: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES BY ADDING CHAPTER 42 ENACTING THE "SOUTH CAROLINA VACATION RENTAL ACT" SO AS TO REGULATE THE BUSINESS OF RENTAL MANAGEMENT OF VACATION TIME RENTAL PROPERTY, TO PROVIDE DEFINITIONS AND EXCEPTIONS WITH REGARD TO THIS REGULATION, TO PROVIDE FOR THE STATUS OF VACATION RENTALS ON TRANSFERRED PROPERTY, TO PROHIBIT A COUNTY OR MUNICIPALITY FROM BANNING VACATION RENTALS EXCEPT PURSUANT TO SPECIFIC AUTHORIZATION FOR SUCH BANS ENACTED BY THE GENERAL ASSEMBLY BY GENERAL LAW, AND TO PROVIDE THAT A TENANT IN POSSESSION OF PROPERTY UNDER A VACATION RENTAL IS SUBJECT TO A MANDATORY EVACUATION ORDER.
The following Bill was taken up:
S. 1157 (Word version) -- Senator Alexander: A BILL TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN OCONEE COUNTY AND WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER THAT IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE SCHOOLS IS ELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER IN SPITE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.
Rep. EASTERDAY proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1978DW02), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. The 1976 Code is amended by adding:
"Section 59-63-70. During the season for any high school league sport, a student, while a member of a school squad or team engaged in an interscholastic sport, may become a member of or participate in an organized team that is independent of the school's control as long as the participation does not interfere with the scheduled league games or practices of the school squad or team. A school or student shall not be declared ineligible for participation in interscholastic high school league sport because of participation of a student as a member of an organized team independent of the school's control during the interscholastic sport's season. Any student participating on both a school squad or team and an independent squad shall have on file with the school's athletic director a statement signed by the parent or guardian indicating their child or children have permission to participate on both teams and signed by the independent coach acknowledging that the student's participation shall not interfere with the scheduled league games or practices." /
Renumber sections to conform.
Amend title to conform.
Rep. EASTERDAY explained the amendment.
The amendment was then adopted.
Rep. HAYES proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\AMEND\21371SD02), which was adopted:
Amend the bill, as and if amended, by striking Section 59-63-70 of the 1976 Code and inserting:
/ Section 59-63-70. During the season for any high school league sport except for football, a student, while a member of a school squad or team engaged in an interscholastic sport except for football, may become a member of or participate in an organized team that is independent of the school's control as long as the participation does not interfere with the scheduled league games or practices of the school squad or team. A school or student shall not be declared ineligible for participation in an interscholastic high school league sport except for football because of participation of a student as a member of an organized team independent of the school's control during the interscholastic sport's season. Any student participating on both a school squad or team and an independent squad shall have on file with the school's athletic director a statement signed by the parent or guardian indicating their child or children have permission to participate on both teams and signed by the independent coach acknowledging that the student's participation shall not interfere with the scheduled league games or practices.
The provisions of this section do not permit a student to participate on a school football team and an organized football team independent of the school's control." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. HAYES explained the amendment.
Rep. LOFTIS moved to table the amendment.
Rep. HAYES demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Cato Cotty Dantzler Davenport Delleney Easterday Edge Fleming Gilham Hamilton Harrison Haskins Leach Littlejohn Loftis McLeod Merrill Owens Sandifer Scarborough Sharpe Simrill Sinclair Smith, J.R. Smith, W.D. Thompson Townsend Tripp Trotter Vaughn Walker White Wilkins Witherspoon
Those who voted in the negative are:
Bales Battle Bowers Breeland Brown, G. Brown, J. Brown, R. Carnell Chellis Clyburn Coleman Emory Freeman Frye Gourdine Hayes Hines, J. Hinson Hosey Huggins Jennings Keegan Kennedy Kirsh Koon Law Lourie Lucas Mack Martin McCraw McGee Meacham-Richardson Miller Neal, J.M. Ott Perry Phillips Rice Riser Rivers Rutherford Scott Sheheen Smith, D.C. Smith, J.E. Snow Stille Stuart Talley Taylor Webb Weeks Whatley Wilder Young, A. Young, J.
So, the House refused to table the amendment.
Rep. WALKER spoke against the amendment.
Rep. KENNEDY spoke in favor of the amendment.
Rep. EASTERDAY spoke against the amendment.
Rep. HAYES spoke in favor of the amendment.
Rep. CLYBURN spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. LOFTIS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Bales Barfield Battle Bingham Breeland Brown, G. Brown, J. Carnell Chellis Clyburn Cobb-Hunter Coleman Edge Emory Freeman Gourdine Hayes Hines, J. Hinson Hosey Howard Huggins Jennings Keegan Kennedy Law Lee Lourie Lucas Mack Martin McCraw McGee McLeod Meacham-Richardson Miller Neal, J.H. Neal, J.M. Ott Owens Perry Phillips Riser Rivers Rutherford Scott Sheheen Smith, D.C. Smith, G.M. Smith, J.E. Snow Stille Stuart Talley Taylor Thompson Weeks Whatley Wilder Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Barrett Bowers Campsen Cato Coates Cotty Dantzler Davenport Delleney Easterday Fleming Frye Gilham Hamilton Harrell Harrison Haskins Koon Leach Littlejohn Loftis Merrill Rhoad Sandifer Sharpe Simrill Sinclair Smith, J.R. Smith, W.D. Townsend Trotter Vaughn Walker Webb White Wilkins
So, the amendment was adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Altman Bales Barfield Barrett Battle Bingham Breeland Brown, J. Brown, R. Campsen Carnell Cato Chellis Coates Cobb-Hunter Coleman Cotty Dantzler Davenport Delleney Easterday Edge Fleming Freeman Gourdine Hamilton Harrell Harrison Haskins Hayes Hines, J. Hinson Hosey Howard Huggins Keegan Kennedy Law Leach Loftis Lourie Lucas Mack Martin McCraw McGee McLeod Merrill Ott Owens Perry Phillips Rhoad Riser Rivers Rutherford Sandifer Scott Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, J.R. Snow Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Weeks Whatley White Witherspoon Young, A.
Those who voted in the negative are:
Bowers Emory Frye Koon Littlejohn Neal, J.M. Stille Wilder
So, the Bill, as amended, was read the second time and ordered to third reading.
I missed the roll call vote on S. 1157 because of a Conference Committee meeting. If I had voted, I would have voted for Amendment No. 2 and for the Bill.
Rep. Rex Rice
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 1085 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 40-5-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF LAW EXAMINERS, SO AS TO REVISE CERTAIN QUALIFICATIONS OF MEMBERS OF THE BOARD AND PROVIDE THAT THE MEMBERSHIP, TERMS, AND DUTIES OF THE BOARD SHALL BE AS SET BY THE SUPREME COURT.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer's Version 4/25/02.)
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 40-5-210 of the 1976 Code is amended to read:
"Section 40-5-210. There is hereby created a State Board of Law Examiners. to consist of six members of the bar who have had at least ten years' standing and are actually engaged in the practice of law. The members shall be appointed by the Supreme Court for terms of three years. The Board of Law Examiners shall be appointed by the Supreme Court and shall have such duties as the court shall prescribe. The number of members of the board and the terms of the members shall be set by the Supreme Court. To be eligible for appointment to the board, a person must be actively engaged in the practice of law in South Carolina and must have been an active member of the South Carolina Bar for at least seven years. Members shall be eligible for reappointment. Should a vacancy occur, the court shall fill the vacancy for the unexpired term. Not more than one member shall be appointed from any one congressional district. At least one member from each congressional district must be appointed by the Supreme Court."
SECTION 2. Section 40-5-80 of the 1976 Code is amended to read:
"Section 40-5-80. This chapter shall may not be construed so as to prevent a citizen from prosecuting or defending his own cause, if he so desires, or the cause of another, with leave of the court first had and obtained;.provided, that he declare on oath, if required, that he neither has accepted nor will accept or take any fee, gratuity or reward on account of such prosecution or defense or for any other matter relating to the cause."
SECTION 3. This act takes effect upon approval by the Governor. /
Amend title to conform.
Larry A. Martin George E. Campsen III Robert L. Waldrep, Jr. James Emerson Smith, Jr. C. Bradley Hutto George Murrell Smith, Jr. On Part of the Senate. On Part of the House.
Rep. CAMPSEN explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following Bill was taken up:
S. 715 (Word version) -- Senators McConnell, J. V. Smith, Hawkins and Peeler: A BILL TO AMEND SECTION 14-7-1110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF PEREMPTORY CHALLENGES FOR DEFENDANTS AND THE STATE IN CRIMINAL CASES, SO AS TO EQUALIZE THE NUMBER OF PEREMPTORY CHALLENGES ALLOCATED TO DEFENDANTS AND THE STATE; AND TO ADD TO THE LIST OF SPECIFIC OFFENSES FOR WHICH THE DEFENDANT AND THE STATE ARE ENTITLED TO TEN CHALLENGES.
Rep. VAUGHN proposed the following Amendment No. 3 (Doc Name COUNCIL\GJK\AMEND\21362SD02), which was tabled:
Amend the bill, as and if amended, by striking Section 14-7-1122 of the 1976 Code, as contained in the unnumbered section beginning on line 15, page 715-2.
Renumber sections to conform.
Amend totals and title to conform.
Rep. VAUGHN explained the amendment.
Rep. J. E. SMITH raised the Point of Order that the Bill was out of order under Rule 5.13 in that a fiscal impact statement was required to be attached to the Bill prior to second reading of the Bill.
SPEAKER WILKINS stated that a fiscal impact statement was attached to the Bill and he therefore overruled the Point of Order.
Rep. DELLENEY spoke against the amendment.
Rep. RIVERS spoke against the amendment.
Rep. RIVERS continued speaking.
Rep. RIVERS spoke against the amendment.
Rep. DELLENEY spoke against the amendment.
Rep. LEACH spoke against the amendment.
Rep. VAUGHN spoke in favor of the amendment.
Rep. J. E. SMITH spoke against the amendment.
Rep. WEEKS moved to recommit the Bill to the Committee on Judiciary.
Rep. KIRSH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Bales Bowers Breeland Brown, G. Brown, J. Brown, R. Carnell Clyburn Cobb-Hunter Freeman Gourdine Hayes Hosey Jennings Kennedy Lee Mack Miller Neal, J.H. Rhoad Rivers Rutherford Scott Smith, J.E. Snow Weeks Wilder
Those who voted in the negative are:
Allison Barfield Barrett Battle Bingham Campsen Cato Chellis Coates Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Emory Fleming Frye Gilham Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kirsh Koon Law Leach Littlejohn Lourie Lucas Martin McCraw McGee Meacham-Richardson Merrill Neal, J.M. Ott Owens Perry Phillips Rice Riser Sandifer Scarborough Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Stille Stuart Talley Taylor Thompson Tripp Trotter Vaughn Walker Webb Whatley Whipper White Wilkins Witherspoon Young, A. Young, J.
So, the House refused to recommit the Bill.
Rep. WEEKS moved to table the amendment.
Rep. A. YOUNG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Bales Barfield Battle Bowers Breeland Brown, J. Brown, R. Campsen Carnell Clyburn Cobb-Hunter Coleman Cotty Delleney Emory Fleming Freeman Frye Gilham Harrell Harrison Haskins Hayes Hosey Howard Jennings Kennedy Kirsh Lee Littlejohn Lourie Lucas Mack McCraw McGee Miller Neal, J.H. Neal, J.M. Ott Phillips Rhoad Rivers Rutherford Scott Smith, G.M. Smith, J.E. Smith, J.R. Snow Stille Talley Taylor Weeks Whipper Wilder Young, J.
Those who voted in the negative are:
Allison Barrett Bingham Cato Chellis Coates Dantzler Davenport Easterday Edge Gourdine Hinson Huggins Keegan Koon Law Leach Martin McLeod Meacham-Richardson Merrill Owens Perry Rice Riser Sandifer Scarborough Simrill Smith, D.C. Smith, W.D. Stuart Thompson Townsend Tripp Trotter Vaughn Walker Webb Whatley White Wilkins Witherspoon Young, A.
So, the amendment was tabled.
Rep. J. E. SMITH moved to reconsider the vote whereby Amendment No. 3 was tabled.
Rep. FLEMING moved to table the motion to reconsider, which was agreed to.
Rep. EASTERDAY moved to adjourn debate on the Bill, which was rejected by a division vote of 35 to 35.
Rep. SIMRILL moved that the House do now adjourn.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Barrett Coates Davenport Easterday Edge Emory Hamilton Keegan Leach Loftis McLeod Meacham-Richardson Neal, J.M. Simrill Stille Stuart Talley Vaughn Wilder
Those who voted in the negative are:
Allen Allison Bales Barfield Battle Bingham Bowers Breeland Brown, J. Brown, R. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Delleney Fleming Freeman Frye Gourdine Harrell Harrison Haskins Hinson Hosey Howard Huggins Jennings Kelley Kennedy Kirsh Koon Law Lee Littlejohn Lourie Lucas Mack Martin McCraw McGee Merrill Miller Neal, J.H. Ott Owens Phillips Quinn Rice Riser Rivers Rutherford Sandifer Scarborough Sinclair Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Taylor Thompson Trotter Walker Webb Weeks Whatley Whipper White Wilkins Witherspoon Young, A. Young, J.
So, the House refused to adjourn.
Rep. RUTHERFORD moved to continue the Bill.
Rep. THOMPSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Bales Barfield Battle Bingham Bowers Breeland Brown, J. Brown, R. Campsen Cato Chellis Clyburn Cobb-Hunter Dantzler Davenport Delleney Easterday Edge Fleming Freeman Frye Gilham Gourdine Hamilton Harrell Harrison Haskins Hayes Hinson Hosey Howard Huggins Jennings Keegan Kennedy Koon Law Leach Lee Littlejohn Loftis Lucas Mack McCraw McGee McLeod Meacham-Richardson Merrill Miller Neal, J.H. Ott Owens Perry Phillips Quinn Rhoad Rice Riser Rivers Rutherford Scarborough Simrill Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Talley Taylor Townsend Tripp Trotter Vaughn Walker Webb Weeks Whatley Whipper Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Barrett Carnell Coleman Cooper Cotty Emory Kirsh Lourie Neal, J.M. Sandifer Sinclair Stille Stuart Thompson White Wilder
So, the Bill was continued.
Rep. HARRELL made a statement relative to the Conference Committee on H. 4878, the General Appropriations Bill.
Rep. HARRELL moved that the House recede pending receipt of Senate Amendments to H. 4879, and thereupon stand adjourned, which was agreed to.
The Senate Amendments to H. 4879 were received and ordered placed on the Calendar.
At 7:50 p.m. the House, in accordance with the motion of Rep. ALTMAN, adjourned in memory of Luther Barnett of Charleston, to meet at 10:00 a.m. tomorrow.
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