Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Lamentations 3:37: "Who can speak and have it happen if the Lord has not decreed it?"
Let us pray. O Lord God, speak to us the ways and means to instill in these leaders the desire to do what is right and pleasing in Your sight. Give wisdom to our leadership to provide the very best to Your people whom we serve. Bless and keep our President and others in authority. Protect our troops, wherever they may be. Hear our prayer. 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. F. N. SMITH moved that when the House adjourns, it adjourn in memory of Deputy Antonio Sapinoso of Greenville, who was killed in the line of duty, which was agreed to.
The House stood in silent prayer for former Senator Isadore Lourie who is gravely ill in the hospital and for the family of Representative Joel Lourie.
On motion of Rep. LEACH, with unanimous consent, the following was taken up for immediate consideration and accepted:
April 21, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
Dear Chairman Leach:
On behalf of electric, telephone, and natural gas utilities, the Members of the House of Representatives are invited to a Spring Fling. This event will be held at Cock's Corner on George Rogers Boulevard on Tuesday, May 20, 2003, from 6:00 p.m until 10:00 p.m.
Sincerely,
John McArthur
Progress Energy
The SPEAKER ordered the following veto printed in the Journal:
April 22, 2003
The Honorable David H. Wilkins
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3670 (Word version), R. 55, a Joint Resolution:
TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 17, 2003, BY THE STUDENTS OF A SCHOOL IN THE DARLINGTON COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS IS 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.
This veto is based upon my belief that H. 3670, R. 55 is unconstitutional.
Though well-intentioned as it might be, H. 3670, R. 55 is an example of specific legislation that has been enacted to address circumstances that could have been addressed by general legislation. The state constitution clearly prohibits the enactment of special legislation where a "general law can be made applicable." S.C. Const. Art. III, Section 34 (IX). The General Assembly could establish a general statute that sets forth the general types of events or occasions when missed school
Sincerely,
Mark Sanford
Governor
Received as information.
The SPEAKER ordered the following veto printed in the Journal:
April 22, 2003
The Honorable David H. Wilkins
Speaker of the House of Representatives
State House
Post Office Box 11867
Columbia, South Carolina 29211
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3794 (Word version), R. 56, a Joint Resolution:
TO PROVIDE THAT THE SCHOOL DAY MISSED ON JANUARY 23, 2003, BY THE STUDENTS OF DILLON COUNTY SCHOOL DISTRICT NOS. 1, 2, AND 3 WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS IS 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.
This veto is based upon my belief that H. 3794, R. 56 is unconstitutional.
Though well-intentioned as it might be, H. 3794, R. 56 is an example of specific legislation that has been enacted to address circumstances that could have been addressed by general legislation. The state
Sincerely,
Mark Sanford
Governor
Received as information.
The SPEAKER ordered the following veto printed in the Journal:
April 22, 2003
The Honorable David H. Wilkins
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3041 (Word version), R. 43, an Act:
TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-315 SO AS TO PROVIDE THAT ALL PERSONS HUNTING DEER MUST WEAR A HAT, SHIRT, COAT, OR VEST OF SOLID VISIBLE INTERNATIONAL ORANGE OR AT LEAST FORTY PERCENT VISIBLE INTERNATIONAL ORANGE, AND TO PROVIDE EXCEPTIONS.
Though well-intentioned as it might be, I am vetoing H. 3041, R. 43 because I consider it to be an unacceptable governmental intrusion upon liberty. The requirements of the Act may very well be an
Sincerely,
Mark Sanford
Governor
Received as information.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3475 (Word version) -- Reps. F. N. Smith and Allen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-15-70 SO AS TO REQUIRE ALL COUNTIES TO RECOGNIZE MARTIN LUTHER KING, JR. DAY AS A COUNTY HOLIDAY.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3867 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 14-25-165, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND COMPOSING A JURY IN MUNICIPAL COURT, SO AS TO INCREASE THE SIZE OF THE POOL FROM WHICH JURORS ARE SELECTED, AND TO DELETE A PROVISION FOR DRAWING A JURY FOR A SINGLE TRIAL WHICH REQUIRES PEREMPTORY CHALLENGES IN ADVANCE OF THE TRIAL DATE; TO AMEND SECTIONS 22-2-80 AND 22-2-90, BOTH AS AMENDED, RELATING TO SELECTION OF A JURY IN MAGISTRATES COURT, SO AS TO INCREASE THE SIZE OF THE JURY POOL FROM WHICH A JURY IS SELECTED; TO AMEND SECTION 22-2-100, RELATING TO THE PROCEDURE FOR SELECTING PRIMARY AND ALTERNATE JURORS IN MAGISTRATES COURT, SO AS TO CHANGE LANGUAGE CONSISTENT WITH OTHER CHANGES MADE IN SECTION 14-25-165; AND TO AMEND SECTION 22-2-120, RELATING TO THE SELECTION OF ADDITIONAL JURORS
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3223 (Word version) -- Reps. Lourie, Altman, Bailey, Bales and Richardson: A BILL TO AMEND SECTION 61-4-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR PERMITS AUTHORIZING THE SALE OF BEER OR WINE AND SECTION 61-6-180, AS AMENDED, RELATING TO APPLICATIONS FOR LICENSES TO SELL ALCOHOLIC LIQUORS AND OTHER BEVERAGES, SO AS TO PROVIDE THAT THE NOTICES REQUIRED TO BE PUBLISHED IN CONNECTION WITH THESE APPLICATIONS MUST BE PUBLISHED IN THE NEWSPAPER OF GREATEST CIRCULATION IN THE AREA WHERE THE ESTABLISHMENT IS TO BE LOCATED.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3426 (Word version) -- Reps. Cobb-Hunter, Jennings, Bingham, Toole, Neilson and Clark: A BILL TO AMEND SECTIONS 1-31-10 AND 1-31-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP, POWERS, AND DUTIES OF THE STATE COMMISSION FOR MINORITY AFFAIRS, SO AS TO ADD TWO STATEWIDE APPOINTEES TO THE COMMISSION, DELETE OBSOLETE LANGUAGE, AND INCLUDE AFRICAN AMERICANS, NATIVE AMERICAN INDIANS, HISPANICS/LATINOS, ASIANS, AND OTHERS WITHIN THE MINORITY COMMUNITY AND TO FURTHER PRESCRIBE CERTAIN POWERS AND DUTIES OF THE STATE COMMISSION FOR MINORITY AFFAIRS RELATING TO RECOGNITION OF NATIVE AMERICAN INDIAN ENTITIES, ESTABLISHING CERTAIN ADVISORY COMMITTEES, AND SEEKING FUNDING FOR IMPLEMENTING PROGRAMS AND SERVICES FOR AFRICAN AMERICANS, NATIVE AMERICAN INDIANS, HISPANICS/LATINOS, AND OTHER MINORITY GROUPS AND
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3777 (Word version) -- Reps. Scott, Harrison, Simrill, J. E. Smith, J. H. Neal, Bales, Cotty, Govan, McLeod, Parks, Hosey, Duncan, Rutherford, Taylor, Whipper, Allen, Altman, Anthony, Bailey, Barfield, Battle, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Dantzler, Davenport, Delleney, Edge, Emory, Freeman, Gilham, Gourdine, Hagood, Hamilton, Harrell, Harvin, Haskins, Hayes, Herbkersman, J. Hines, Hinson, Howard, Huggins, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Mack, Mahaffey, Martin, McGee, Merrill, Miller, Moody-Lawrence, J. M. Neal, Neilson, Ott, Owens, Perry, E. H. Pitts, Quinn, Rhoad, Rice, Sheheen, Richardson, Rivers, Scarborough, Sinclair, D. C. Smith, F. N. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Walker, Weeks, Wilkins and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-1655 SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL ADOPT ONE VOTING SYSTEM TO BE USED TO CONDUCT ELECTIONS IN THIS STATE AND DEFINE "VOTING SYSTEM"; TO AMEND SECTION 7-13-1320, RELATING TO THE PROCUREMENT AND USE OF VOTE RECORDERS, SO AS TO RESTRICT THEIR USAGE ONLY IN ABSENTEE VOTING; TO AMEND SECTIONS 7-13-1330 AND 7-13-1620, BOTH AS AMENDED, RELATING TO THE VOTING MACHINE APPROVAL PROCESS, SO AS TO DELETE REFERENCES TO A MACHINE BEING APPROVED BY AN INDEPENDENT TESTING AUTHORITY; AND TO REPEAL SECTION 7-13-1310 RELATING TO THE USE OF VOTE RECORDERS, SECTION 7-13-1650 RELATING TO EXPERIMENTAL USE OF VOTING MACHINES, AND 7-13-1660 RELATING TO THE ACQUISITION AND USE OF APPROVED VOTING MACHINES BY A COUNTY OR MUNICIPALITY.
Ordered for consideration tomorrow.
H. 3769 (Word version) -- Reps. Stewart, Clark, Clyburn, Harrison, Perry, D. C. Smith and J. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-493 SO AS TO PROVIDE THAT A PERSON EMPLOYED AS A LAW ENFORCEMENT OFFICER WITH THE SAVANNAH RIVER SITE LAW ENFORCEMENT DEPARTMENT MAY ATTEND AND BE TRAINED AT THE DEPARTMENT OF PUBLIC SAFETY'S CRIMINAL JUSTICE ACADEMY DIVISION.
Ordered for consideration tomorrow.
The following Bills were introduced, read the first time, and referred to appropriate committee:
H. 4030 (Word version) -- Rep. Quinn: A BILL TO AMEND SECTION 23-1-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A POLICE JURISDICTION'S AUTHORITY TO ENFORCE THE LAW ON CERTAIN REAL PROPERTY USED AS A PARKING LOT, SO AS TO PROVIDE THAT A POLICE JURISDICTION MAY ISSUE CITATIONS FOR MOTOR VEHICLES THAT ARE ILLEGALLY PARKED IN SPACES RESERVED FOR HANDICAPPED INDIVIDUALS IN PARKING LOTS THAT ARE NOT POSTED WITH SIGNS THAT INFORM THE PUBLIC THAT THE PARKING LOT IS SUBJECT TO POLICE JURISDICTION.
Referred to Committee on Judiciary
H. 4031 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-87 SO AS TO PROVIDE THAT IF AN INDIVIDUAL SERVING IN THE MILITARY IS CALLED TO ACTIVE DUTY IN A TIME OF WAR AND IS UNDER A COURT-ORDERED OBLIGATION TO PAY CHILD SUPPORT, A REDUCTION IN THAT INDIVIDUAL'S PAY, DUE TO BEING CALLED INTO ACTIVE DUTY, CONSTITUTES A MATERIAL CHANGE IN CIRCUMSTANCES AND THE INDIVIDUAL'S CHILD SUPPORT OBLIGATIONS AND SPOUSAL SUPPORT OBLIGATIONS MUST BE REDUCED BY A PERCENTAGE COMMENSURATE WITH THE PERCENTAGE REDUCTION IN THE INDIVIDUAL'S PAY;
H. 4032 (Word version) -- Rep. Rivers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REPEALING SECTION 62-3-108, RELATING TO THE ULTIMATE TIME LIMITATION ON THE COMMENCEMENT OF ANY PROBATE, TESTACY, AND APPOINTMENT PROCEEDINGS.
Referred to Committee on Judiciary
On motion of Rep. WITHERSPOON, with unanimous consent, the following was taken up for immediate consideration:
H. 4033 (Word version) -- Rep. Witherspoon: A CONCURRENT RESOLUTION TO DESIGNATE AUGUST 9, 2003, AS THE FIRST ANNUAL NATIONAL MARINA DAY IN ORDER TO HONOR SOUTH CAROLINA'S MARINAS FOR THEIR CONTRIBUTIONS TO THE COMMUNITY AND MAKE CITIZENS, POLICYMAKERS, AND EMPLOYEES MORE AWARE OF THE OVERALL CONTRIBUTIONS TO THEIR WELL-BEING, AND TO REQUEST THAT OUR STATE JOIN HANDS WITH OTHER STATES AND THOUSANDS OF WATERFRONT COMMUNITIES ACROSS THE UNITED STATES IN CELEBRATING THIS DAY.
Whereas, the citizens of South Carolina place a high value on recreation time and the ability to access one of America's greatest natural resources, its waterways; and
Whereas, in 1928, the word "marina" was used for the very first time by the National Association of Engine and Boat Manufacturers to define a recreational boating facility; and
Whereas, South Carolina is home to hundreds of recreational boating facilities that contribute substantially to their communities by providing
Whereas, South Carolina's marinas also serve as stewards of the environment, actively seeking to protect the surrounding waterways not only for the enjoyment of this generation, but for generations to come; and
Whereas, South Carolina's marinas also provide their communities and visitors to the State of South Carolina a place where friends and families, united by a passion for the water, can come together for recreation, rest, and relaxation; and
Whereas, South Carolina's marinas will continue to provide an environmentally friendly gateway to boating for the citizens of and the visitors to the State of South Carolina; and
Whereas, to shed a deserving light on the marinas' prominent role in South Carolina, August 9, 2003, should mark the first annual National Marina Day. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, designate August 9, 2003, as the first annual National Marina Day in order to honor South Carolina's marinas for their contributions to the community and make citizens, policymakers, and employees more aware of the overall contributions to their well-being and request that our State join hands with other states and thousands of waterfront communities across the United States in celebrating this day.
Be it further resolved that a copy of this resolution be forwarded to Representative Witherspoon for presentation to the appropriate authority.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 631 (Word version) -- Senators Knotts and Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE MORA ROGERS OF LEXINGTON UPON HER RETIREMENT AFTER FORTY YEARS OF CONTRIBUTIONS TO THE EDUCATION OF THE YOUNG CHILDREN OF LEXINGTON COUNTY, TO COMMEND HER FOR HER HARD WORK AND DEDICATION, AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN ALL OF HER FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 632 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO CONGRATULATE BARBARA DAWSON DILLIGARD OF CHARLESTON UPON HER RETIREMENT AS DEPUTY SUPERINTENDENT FOR THE CHARLESTON COUNTY SCHOOL DISTRICT, TO COMMEND HER FOR HER MANY YEARS OF DEDICATED SERVICE TO EDUCATION, AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN ALL OF HER FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The roll call of the House of Representatives was taken resulting as follows:
Altman Anthony Bailey Bales Barfield Battle Bingham Bowers Branham Breeland J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Delleney Duncan
Edge Emory Freeman Frye Gourdine Govan Hagood Hamilton Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hosey Howard Huggins Keegan Kennedy Kirsh Koon Leach Limehouse Littlejohn Lloyd Loftis Lucas Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Rivers Sandifer Scarborough Scott Sheheen Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith J. E. Smith J. R. Smith Snow Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, April 23.
Karl Allen Brenda Lee David Mack Douglas Jennings Ralph Davenport Alex Harvin Harry Ott Doug Smith Grady Brown Bill Cotty
The SPEAKER granted Rep. GILHAM a leave of absence for the day due to illness.
The SPEAKER granted Rep. RUTHERFORD a leave of absence for today and tomorrow due to a meeting out of state.
The SPEAKER granted Rep. LOURIE a leave of absence due to illness in the family.
Rep. HARVIN 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, April 22.
Announcement was made that Dr. Richard Kline of Charleston is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3586 (Word version)
Date: ADD:
04/23/03 SCOTT
Bill Number: H. 3586 (Word version)
Date: ADD:
04/23/03 MCLEOD
Bill Number: H. 3482 (Word version)
Date: ADD:
04/23/03 M. A. PITTS
Bill Number: H. 3482 (Word version)
Date: ADD:
04/23/03 UMPHLETT
Bill Number: H. 3482 (Word version)
Date: ADD:
04/23/03 TAYLOR
Bill Number: H. 3482 (Word version)
Date: ADD:
04/23/03 E. H. PITTS
Bill Number: H. 3482 (Word version)
Date: ADD:
04/23/03 SIMRILL
Bill Number: H. 3482 (Word version)
Date: ADD:
04/23/03 HUGGINS
Bill Number: H. 3482 (Word version)
Date: ADD:
04/23/03 OWENS
Bill Number: H. 3900 (Word version)
Date: ADD:
04/23/03 WHITE
Bill Number: H. 3900 (Word version)
Date: ADD:
04/23/03 THOMPSON
Bill Number: H. 3900 (Word version)
Date: ADD:
04/23/03 WHIPPER
Bill Number: H. 3369 (Word version)
Date: ADD:
04/23/03 NEILSON
Bill Number: H. 3369 (Word version)
Date: ADD:
04/23/03 BALES
Bill Number: H. 4006 (Word version)
Date: ADD:
04/23/03 SCARBOROUGH
Bill Number: H. 4006 (Word version)
Date: ADD:
04/23/03 ALTMAN
Bill Number: H. 4006 (Word version)
Date: ADD:
04/23/03 HAGOOD
Bill Number: H. 4006 (Word version)
Date: ADD:
04/23/03 MERRILL
Bill Number: H. 4006 (Word version)
Date: ADD:
04/23/03 BREELAND
Bill Number: H. 4006 (Word version)
Date: ADD:
04/23/03 WHIPPER
Bill Number: H. 4006 (Word version)
Date: ADD:
04/23/03 R. BROWN
Bill Number: H. 4006 (Word version)
Date: ADD:
04/23/03 YOUNG
Bill Number: H. 4006 (Word version)
Date: ADD:
04/23/03 HINSON
Bill Number: H. 4006 (Word version)
Date: ADD:
04/23/03 MILLER
Bill Number: H. 4006 (Word version)
Date: ADD:
04/23/03 MACK
Bill Number: H. 3220 (Word version)
Date: ADD:
04/23/03 MCLEOD
Bill Number: H. 3899 (Word version)
Date: ADD:
04/23/03 WHIPPER
Bill Number: H. 3525 (Word version)
Date: REMOVE:
04/23/03 TROTTER
Bill Number: H. 3203 (Word version)
Date: REMOVE:
04/23/03 BAILEY
Bill Number: H. 3109 (Word version)
Date: REMOVE:
04/23/03 BAILEY
Bill Number: H. 3586 (Word version)
Date: REMOVE:
04/23/03 SCOTT
Bill Number: H. 3220 (Word version)
Date: REMOVE:
04/23/03 BAILEY
The following Joint Resolution was taken up, read the second time, and ordered to a third reading:
H. 4015 (Word version) -- Rep. M. A. Pitts: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 17, 2003, BY THE STUDENTS IN WARE SHOALS SCHOOL DISTRICT 51 IN GREENWOOD COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS IS 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.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 3080 (Word version) -- Reps. Easterday and Hinson: A BILL TO AMEND TITLE 58, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-230 SO AS TO PROHIBIT THE UNAUTHORIZED CHANGE OF A CUSTOMER'S UTILITY SERVICE PROVIDER, TO REQUIRE THAT THE AUTHORIZATION BE OBTAINED PURSUANT TO APPROPRIATE STATE AND FEDERAL REGULATIONS, TO PROVIDE THAT THE AUTHORIZATION FOLLOWS THE CUSTOMER, AND TO ESTABLISH PENALTIES.
H. 3133 (Word version) -- Reps. Altman and Umphlett: A BILL TO AMEND SECTION 20-7-473, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARITAL AND NONMARITAL PROPERTY FOR PURPOSES OF JUDICIAL APPORTIONMENT DURING MARITAL LITIGATION, SO AS TO INCLUDE AS NONMARITAL PROPERTY ANY PROPERTY THAT IS NEITHER ACQUIRED WITH MARITAL FUNDS NOR TITLED IN THE NAME OF ONE OR THE OTHER SPOUSE, OR BOTH OF THEM, AND TO PROVIDE THAT THE PROPERTY MAY NOT BE APPORTIONED PERMANENTLY OR TEMPORARILY NOR TRANSMUTED INTO MARITAL PROPERTY FOR ANY PURPOSE.
H. 3677 (Word version) -- Rep. Talley: A BILL TO AMEND SECTIONS 59-1-390, 59-1-448, 59-1-452, AS AMENDED, 59-5-61, 59-5-65, AS AMENDED, 59-5-140, 59-18-920, 59-20-40, AS AMENDED, 59-24-10, AS AMENDED, 59-24-130, 59-39-100, AS AMENDED, 59-54-20, AS AMENDED, 59-54-40, AS AMENDED, 59-54-50, 59-54-60, AND ARTICLE 21, CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO VOCATIONAL EDUCATION, SO AS TO CHANGE REFERENCES FROM "VOCATIONAL EDUCATION", "VOCATIONAL TRAINING", "VOCATIONAL PROGRAMS", AND OTHERS TO "CAREER AND TECHNOLOGY EDUCATION", "CAREER AND TECHNOLOGY TRAINING", "CAREER AND TECHNOLOGY PROGRAMS", TO MAKE OTHER CORRESPONDING CHANGES, AND TO MAKE TECHNICAL CORRECTIONS.
The following Bill was taken up:
H. 3429 (Word version) -- Reps. Cotty and Cato: A BILL TO REPEAL SECTION 27-33-50, CODE OF LAWS OF SOUTH CAROLINA, 1976,
Rep. SANDIFER explained the Bill.
Reps. RICE, OWENS, G. M. SMITH, BAILEY, E. H. PITTS, MAHAFFEY, LOFTIS, MOODY-LAWRENCE, WITHERSPOON, WEEKS and CLYBURN requested debate on the Bill.
The following Bill was taken up:
H. 3572 (Word version) -- Rep. Keegan: A BILL TO AMEND SECTION 61-4-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR PERMITS FOR SELLING BEER AND WINE, SO AS TO PROHIBIT THE ISSUANCE OF A PERMIT IF THE APPLICANT CONDUCTS GAMES USING FIREARMS AT WHICH PRIZES ARE AWARDED ON THE PROPERTY ON WHICH THE PLACE OF BUSINESS IS LOCATED AND IS TO BE LICENSED FOR ON-PREMISES CONSUMPTION OF BEER OR WINE.
Reps. KENNEDY, WALKER, WITHERSPOON, HERBKERSMAN, MCLEOD, EMORY, UMPHLETT, BAILEY, CEIPS, SNOW, CLARK, COBB-HUNTER, FRYE, WEEKS, HOSEY, VIERS, KEEGAN and COATES requested debate on the Bill.
The following Bill was taken up:
H. 3586 (Word version) -- Reps. Clemmons, Harrison, Cato, W. D. Smith, Viers, Herbkersman, M. A. Pitts, E. H. Pitts, Altman, Barfield, Battle, Bingham, Branham, Ceips, Clark, Duncan, M. Hines, Keegan, Lourie, Owens, Skelton, Toole, Trotter, Umphlett, Whitmire, Witherspoon, Young, Hagood, Mahaffey, D. C. Smith, Haskins, Allen, Cobb-Hunter, Richardson, Jennings, Hayes, Merrill, Hinson, Delleney, G. M. Smith, Koon, Taylor, Martin, Bailey, McGee, Hamilton, J. R. Smith, Rhoad, Anthony, Freeman, Scarborough, J. E. Smith, Loftis, Coates, Rivers,
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22048HTC03):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 6, Title 44 of the 1976 Code is amended by adding:
Section 44-6-610. This article may be cited as the 'South Carolina Retirees and Individuals Pooling for Savings Act'.
Section 44-6-620. For purposes of this article:
(1) 'Department' means the Department of Health and Human Services.
(2) 'Prescription drugs' means outpatient prescription drugs, that have been approved as safe and effective by the United State Food and Drug Administration including insulin syringes, insulin needles, and insulin. 'Prescription drugs' do not include experimental drugs and over-the-counter pharmaceutical products.
(3) 'Program' means the South Carolina Retirees and Individuals Polling Together for Savings (SCRIPTS) program created pursuant to this article.
Section 44-6-630. There is created within the Department of Health and Human Services the South Carolina Retirees and Individuals Pooling Together for Savings (SCRIPTS) program. The program must combine the purchasing power of all South Carolina citizens sixty-five years of age and older who enroll in the program to reduce their prescription drug costs. Where possible, without violation of federal law, the department shall combine negotiating power for the program with negotiating power for pharmaceutical pricing and rebates which may exist now or in the future.
Section 44-6-640. (A) This program must be administered by the Department of Health and Human Services. The department may designate, or enter into contracts with, other entities including, but not limited to, other states, other governmental purchasing pools, and nonprofit organizations to assist in the administration of this program.
(B) By December 30, 2003, the department must submit a program implementation and administration plan for review by the State Budget and Control Board. The plan must include:
(1) procedures for program enrollment;
(2) requirements for program participation; and
(3) annual program enrollment fees that must be calculated to pay all additional costs incurred by the department in the administration of the program.
(C) Upon review of the State Budget and Control Board, the program may be implemented as soon as practicable.
(D) When requested by the department, other state agencies shall provide assistance or information necessary for the administration of this program.
Section 44-6-650. A person eligible to participate in this program must:
(1) have attained the age of sixty-five years;
(2) have resided in South Carolina at least six consecutive months before enrolling in the program; and
(3) not be eligible for Medicaid prescription benefits.
Section 44-6-660. (A) The department shall maintain data to allow evaluation of the cost effectiveness of the program.
(B) Beginning with the 2005 regular session of the General Assembly, no later than thirty days before the convening of each regular session, the department shall submit an annual report to the Governor, the Chairman of the House Ways and Means Committee, and the Chairman of the Senate Finance Committee summarizing enrollment, financial information, and any other information needed to evaluate the costs and benefits of the program.
Section 44-6-670. (A) The department may seek waivers of any federal laws, regulations, or rules necessary to implement this program
(B) The department may promulgate regulations necessary for the administration of this program.
Section 44-6-680. The program must be funded entirely from annual enrollment fees collected from program participants."
SECTION 2. This act takes effect upon approval by the Governor. /
Rep. MCGEE explained the amendment.
Reps. SCOTT, G. BROWN, LLOYD, BALES, CLYBURN, MCGEE, COOPER, CLEMMONS and RICE requested debate on the Bill.
The following Bill was taken up:
S. 203 (Word version) -- Senators Jackson, McConnell, Matthews, Courson, Anderson, Ford, Glover, Malloy, Patterson, Pinckney and Kuhn: A BILL TO AMEND TITLE 2 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING CHAPTER 77, SO AS TO MAKE CERTAIN LEGISLATIVE FINDINGS AND TO ESTABLISH THE SOUTH CAROLINA HIGHER EDUCATION EQUALIZATION PROGRAM FOR THE PURPOSE OF REQUIRING THE COMMISSION ON HIGHER EDUCATION TO ENTER INTO CONTRACTS WITH PRIVATE, HISTORICALLY BLACK COLLEGES AND UNIVERSITIES TO BE USED FOR CERTAIN PURPOSES INTENDED TO ENHANCE THE EDUCATIONAL OPPORTUNITIES OF LOW-INCOME, EDUCATIONALLY AND SOCIALLY DISADVANTAGED STUDENTS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22047HTC03), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 18, by striking / , Historically Black / so that when amended, the title reads:
/ TO AMEND TITLE 2 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING CHAPTER 77, SO AS TO MAKE CERTAIN LEGISLATIVE FINDINGS AND TO ESTABLISH THE SOUTH CAROLINA HIGHER EDUCATION EQUALIZATION PROGRAM FOR THE PURPOSE OF REQUIRING THE COMMISSION ON HIGHER EDUCATION TO ENTER INTO CONTRACTS WITH PRIVATE COLLEGES AND UNIVERSITIES TO BE USED FOR CERTAIN PURPOSES INTENDED TO ENHANCE THE
Rep. MCGEE 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. 3531 (Word version) -- Rep. Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-1-290 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS MAY ENTER INTO CONTRACTS WITH PRIVATE SECTOR ENTITIES THAT ALLOW INMATE LABOR TO BE PROVIDED FOR PRISON INDUSTRY SERVICE WORK.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22067HTC03), which was adopted:
Amend the bill, as and if amended, by striking Section 24-1-290 of the 1976 Code, as contained in SECTION 1, and inserting:
/ Section 24-1-290. The Director of the Department of Corrections may enter into contracts with private sector entities that allow for inmate labor to be provided for prison industry service work and export work that involves exportation of products. The use of this inmate labor may not result in the displacement of employed workers within the local region in which the work is being performed. Service work is defined as any work such as repair or replacement of original manufactured items, packaging, sorting, recycling, labeling, or similar work that is not original manufacturing. Export work is defined as any work which results in a product that is exported for sale outside the United States which is not involved in interstate commerce. The department may negotiate the wage to be paid for inmate labor provided under prison industry service work contracts, and these wages
(1) if restitution to a particular victim or victims has been ordered by a court of appropriate jurisdiction, then twenty percent must be used to fulfill the restitution obligation;
(2) if restitution to a particular victim or victims has not been ordered by a court of appropriate jurisdiction, or if court-ordered restitution to a particular victim or victims has been satisfied, then twenty percent must be applied to the South Carolina Victim's Compensation Fund;
(3) ten percent must be retained by the Department of Corrections to defray the cost of the inmate's room and board. /
Renumber sections to conform.
Amend title to conform.
Rep. RICE 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. 3369 (Word version) -- Reps. Sandifer, Harrell, Witherspoon, Cotty, Young, Neilson and Bales: A BILL TO AMEND SECTION 8-11-83, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYROLL DEDUCTION FOR DUES OF STATE EMPLOYEES' ASSOCIATIONS, SO AS TO PROVIDE FOR PAYROLL DEDUCTION FOR DUES OF MEMBERS OF THE SOUTH CAROLINA WILDLIFE LAW ENFORCEMENT OFFICERS' ASSOCIATION.
Reps. KENNEDY and ANTHONY proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5392CM03):
Amend the bill, as and if amended, Section 8-11-83, in SECTION 1, page 1, line 42 after /Association / by striking / and / and inserting / , /
Rep. KENNEDY explained the amendment.
Rep. KENNEDY continued speaking.
Rep. ANTHONY spoke in favor of the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. ANTHONY having the floor.
The Senate amendments to the following Bill were taken up for consideration:
S. 208 (Word version) -- Senators McConnell, Moore, Malloy and Waldrep: A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE OFFICERS WHO ARE SUBJECT TO REMOVAL BY THE GOVERNOR, SO AS TO INCLUDE THE EXECUTIVE DIRECTOR OF THE OFFICE OF PUBLIC STAFF; BY ADDING SECTION 8-13-935 SO AS TO REVISE THE PROCEDURES APPLICABLE TO CANDIDATES FOR THE PUBLIC SERVICE COMMISSION WHO SEEK THE PLEDGE OF A MEMBER OF THE GENERAL ASSEMBLY; TO AMEND PART 6 OF CHAPTER 6 OF TITLE 37, RELATING TO THE DEPARTMENT OF CONSUMER AFFAIRS' DIVISION OF CONSUMER ADVOCACY, SO AS TO REVISE THE DIVISION'S JURISDICTION; TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 58, RELATING TO THE GENERAL PROVISIONS APPLICABLE
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
Rep. CATO moved that the House recur to the Morning Hour, which was agreed to.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 3919 (Word version) -- Reps. Kirsh and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-2-100 SO AS TO PROVIDE THAT A TAX CREDIT ADMINISTERED BY THE DEPARTMENT OF REVENUE IS USEABLE IN THE YEAR IT IS GENERATED AND IS NONREFUNDABLE; TO AMEND SECTION 12-2-20, RELATING TO THE DEFINITION OF "PERSON" FOR TAXATION PURPOSES, SO AS TO PROVIDE THAT THE DEFINITION APPLIES NOT ONLY IN TITLE 12, BUT ALSO IN OTHER TITLES WHICH PROVIDE FOR TAXES THAT ARE ADMINISTERED BY THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-2-25, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO LIMITED LIABILITY COMPANIES AND SINGLE-MEMBER LIMITED LIABILITY COMPANIES, SO AS TO PROVIDE THAT THE DEFINITIONS APPLY NOT ONLY IN TITLE 12, BUT ALSO IN OTHER TITLES WHICH PROVIDE FOR TAXES THAT ARE ADMINISTERED BY THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO ADOPTION OF THE INTERNAL REVENUE CODE, SO AS TO ADOPT IT TO STATE LAW AS AMENDED THROUGH 2002; TO AMEND SECTION 12-6-540, RELATING TO THE STATE INCOME TAX RATES APPLICABLE TO EXEMPT ORGANIZATIONS AND COOPERATIVES, SO AS TO PROVIDE A SPECIFIC REFERENCE TO THE TAX RATE APPLICABLE TO HOMEOWNERS' ASSOCIATIONS; TO AMEND SECTION 12-8-580, AS AMENDED, RELATING TO STATE INCOME TAX WITHHOLDING ON PROCEEDS OF THE SALE OF REAL PROPERTY BY NONRESIDENTS, SO AS TO CONFORM THE
H. 3986 (Word version) -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-21-4007 AND 12-21-4009 SO AS TO ADD SPECIFICATIONS FOR A SITE SYSTEM AND ELECTRONIC BINGO DABBER AND PROVIDE FOR THE LIMITED USE OF AN ELECTRONIC OR MECHANICAL DEVICE DESIGNED FOR A BINGO GAME; TO AMEND SECTION 12-21-3920, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH PLAYING BINGO, SO AS TO CHANGE THE DEFINITION OF "CARD" TO COMPLY WITH PROVISIONS WHEN AN ELECTRONIC DABBER IS USED; TO AMEND SECTION 12-21-3990, AS AMENDED, RELATING TO THE MANNER OF PLAYING BINGO, SO AS TO CHANGE THE TIME THE AMOUNT OF THE PRIZE MUST BE ANNOUNCED AND THE AMOUNT OF THE PRIZE; TO AMEND SECTION 12-21-4000, AS AMENDED, RELATING TO BINGO PROCEDURES AND THE VARIOUS CLASSES OF A BINGO LICENSE, SO AS TO CLARIFY ON WHICH BASIS THE AMOUNT OF THE PRIZE IS CALCULATED AND PROVIDE FOR THE REGULATION OF PROMOTIONS CONDUCTED DURING A BINGO SESSION; AND TO AMEND SECTIONS 12-21-4020 AND 12-21-4120, BOTH AS AMENDED, RELATING TO THE RIGHT TO A CONFERENCE FOLLOWING A VIOLATION, SO AS TO REQUIRE THE DEPARTMENT OF REVENUE TO RESPOND IN WRITING AND SPECIFY WHAT INFORMATION MUST BE INCLUDED IN THE RESPONSE.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
H. 3962 (Word version) -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-21-4215 AND 12-21-4217 SO AS TO PROVIDE AN APPLICATION PROCEDURE FOR THE MANUFACTURING OR DISTRIBUTION OF BINGO TICKETS AND ELECTRONIC DEVICES; TO AMEND SECTION 12-21-4060, RELATING TO THE PROHIBITION OF ALLOWING A PERSON CONVICTED OF CERTAIN CRIMES FROM MANAGING OR CONDUCTING A BINGO GAME, SO AS
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
H. 4008 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 9-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REVISE THE DEFINITION OF "EARNED SERVICE"; TO AMEND SECTION 9-1-1140, AS AMENDED, RELATING TO ESTABLISHING SERVICE CREDIT UNDER THE STATE RETIREMENT SYSTEM, SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH A MEMBER WHO PARTICIPATED IN THE STATE OPTIONAL RETIREMENT PROGRAM OR CERTAIN OTHER TEACHER OR HIGHER EDUCATION RETIREMENT PROGRAMS MAY ESTABLISH SERVICE CREDIT FOR SUCH SERVICE UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM; TO AMEND SECTION 9-11-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO REVISE THE DEFINITION OF "EARNED SERVICE"; TO AMEND SECTION 9-11-40, AS AMENDED RELATING TO
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
H. 3291 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-90 SO AS TO REQUIRE REFERENDUMS ON THE QUESTION OF RAISING THE BONDED INDEBTEDNESS LIMITS OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS TO BE HELD AT THE GENERAL ELECTION AND TO REQUIRE THE
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
H. 3903 (Word version) -- Reps. Limehouse, Rutherford, Vaughn, Whipper, Scott, J. Brown, Cato, Edge, Hagood, Hamilton, Haskins, Leach, Sheheen, J. E. Smith, J. R. Smith, W. D. Smith and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 10, TITLE 4 SO AS TO PROVIDE FOR THE IMPOSITION OF A ONE CENT SALES AND USE TAX BY REFERENDUM IN A MUNICIPALITY FOR A SPECIFIC PERIOD OF TIME AND FOR SPECIFIC PROJECTS, AND TO PROVIDE THE METHOD FOR IMPOSITION, PAYMENT, AND COLLECTION OF THIS TAX.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
H. 4006 (Word version) -- Reps. Harrell, Limehouse, Scarborough, Altman, Hagood, Merrill, Breeland, Whipper, R. Brown, Young, Hinson, Miller and Mack: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-425 SO AS TO PROVIDE THAT TRIDENT TECHNICAL COLLEGE IS AUTHORIZED TO ESTABLISH A FOUR-YEAR CULINARY CURRICULUM PROGRAM AND AWARD BACCALAUREATE DEGREES IN CULINARY ARTS FOR STUDENTS GRADUATING FROM THIS PROGRAM, AND TO PROVIDE FOR THE MANNER IN WHICH FUNDING FOR THIS PROGRAM SHALL BE PROVIDED.
Ordered for consideration tomorrow.
Rep. HARRELL for the Committee on Ways and Means, submitted a favorable report with amendments.
Reps. KIRSH and RICE for the minority, submitted an unfavorable report on:
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
H. 4016 (Word version) -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 130, TITLE 59 SO AS TO ENACT "THE COLLEGE OF CHARLESTON ACADEMIC AND ADMINISTRATIVE FACILITIES BOND ACT" WHICH PRESCRIBES THE MANNER IN WHICH AND CONDITION UNDER WHICH THE COLLEGE OF CHARLESTON MAY ISSUE CERTAIN REVENUE BONDS FOR THE ACQUISITION OF ACADEMIC AND ADMINISTRATIVE BUILDINGS.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
H. 3079 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 50-23-295, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR PERSONAL PROPERTY TAXES ON A WATERCRAFT AND OUTBOARD MOTOR TO BE CURRENT BEFORE THE TITLE TO THESE ITEMS MAY BE TRANSFERRED, SO AS TO PROVIDE THAT THIS PROHIBITION
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
S. 463 (Word version) -- Senators Leatherman and Patterson: A BILL TO CONFIRM THE OWNERSHIP BY THE SOUTH CAROLINA DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS OF REAL PROPERTY DESCRIBED IN ACT 1645 OF 1972, TO DIRECT THE STATE BUDGET AND CONTROL BOARD TO DEED THE PROPERTY TO THE DEPARTMENT, AND TO ALLOW THE DEPARTMENT THE PROCEEDS OF ANY SALE OF THE PROPERTY.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
S. 497 (Word version) -- Senators Hayes, Peeler and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-360 SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO REDUCE THE ASSESSMENT RATIO APPLICABLE TO GENERAL AVIATION AIRCRAFT SUBJECT TO PROPERTY TAX IN THE COUNTY TO
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
H. 3705 (Word version) -- Reps. Vaughn, Haskins, Hosey, Bailey, Hayes, Barfield, Cato, Ceips, Davenport, Frye, Herbkersman, J. Hines, Hinson, Koon, Leach, Limehouse, Mahaffey, Moody-Lawrence, Neilson, M. A. Pitts, Rice, Rivers, Simrill, J. R. Smith, W. D. Smith, Snow, Stille, Tripp and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3600 SO AS TO AUTHORIZE STATE INCOME TAX CREDITS UP TO FIVE HUNDRED DOLLARS A YEAR ON A PHASED-IN BASIS FOR CONTRIBUTIONS MADE TO NONPROFIT EDUCATION FOUNDATIONS THAT PROVIDE ACADEMIC ASSISTANCE GRANTS FOR CHILDREN WHO ATTEND PUBLIC OR NONGOVERNMENT SCHOOLS, A MAJORITY OF WHOM MUST QUALIFY FOR NEEDS-BASED ASSISTANCE, TO PROVIDE THE PROCEDURES FOR, AND CONDITIONS AND LIMITATIONS OF, THESE INCOME TAX CREDITS, AND TO DEFINE CERTAIN TERMS.
Ordered for consideration tomorrow.
Rep. HARRELL for the Committee on Ways and Means, submitted a favorable report.
Rep. COBB-HUNTER for the minority, submitted an unfavorable report on:
H. 3188 (Word version) -- Reps. Davenport, Viers, Littlejohn, Coates, Bingham, Toole, Haskins, Barfield, J. R. Smith, Trotter, Snow, Altman, Koon, G. Brown, Cooper, Pinson, Loftis, Hamilton, Leach, Owens, Stille, Rice, Tripp, McGee, White, Gilham, Walker and Delleney: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA UNBORN CHILDREN'S MONUMENT COMMISSION TO ERECT A MONUMENT ON THE STATE HOUSE GROUNDS AS A MEMORIAL TO UNBORN CHILDREN WHO HAVE GIVEN THEIR LIVES BECAUSE OF LEGAL ABORTIONS IN SOUTH CAROLINA AND TO PROVIDE FOR THE POWERS AND DUTIES
The following was introduced:
H. 4034 (Word version) -- Reps. Walker, Davenport, Anthony, Lee, Littlejohn, Mahaffey, Sinclair, W. D. Smith, Talley, Allen, Altman, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Limehouse, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, Snow, Stewart, Stille, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO THE FAMILY AND MANY FRIENDS OF UNITED STATES MARINE CORPS PRIVATE NOLEN RYAN HUTCHINGS, OF BOILING SPRINGS IN SPARTANBURG COUNTY, WHO LOST HIS LIFE IN THE SERVICE OF HIS COUNTRY IN IRAQ ON MARCH 23, 2003.
The Resolution was adopted.
The following was introduced:
H. 4035 (Word version) -- Rep. Coleman: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE HONORABLE MARION C. SMITH OF FAIRFIELD COUNTY FOR HIS FOURTEEN YEARS OF DEDICATED SERVICE AS A
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4036 (Word version) -- Rep. Coleman: A CONCURRENT RESOLUTION TO EXTEND THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. THOMAS A. JACKSON, SR., OF FAIRFIELD COUNTY, FOR HIS MANY YEARS OF SERVICE TO HIS COMMUNITY AND THE STATE OF SOUTH CAROLINA AND TO WISH HIM SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4037 (Word version) -- Rep. G. Brown: A BILL TO AMEND SECTION 24-3-27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF LOCAL REGIONAL CORRECTIONAL FACILITIES FOR THE CONFINEMENT OF CERTAIN PERSONS, SO AS TO PROVIDE THAT AN INMATE CONFINED IN A REGIONAL CORRECTIONAL FACILITY MAY BE SERVED A WARRANT BY A LAW ENFORCEMENT OFFICER OF A COUNTY WHICH PARTICIPATES IN THE FUNDING OF THE FACILITY WITHOUT IT BEING COUNTERSIGNED BY OFFICIALS OF THE COUNTY IF ITS LOCATION IS DIFFERENT.
Referred to Committee on Judiciary
H. 4038 (Word version) -- Rep. Toole: A BILL TO AMEND SECTION 56-1-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC
H. 4039 (Word version) -- Reps. Stewart, Koon, G. M. Smith, Simrill, Whipper, Bailey, Branham, Clark, Coates, Govan, Harrison, Hayes, Hosey, Mahaffey, Martin, McCraw, McGee, Moody-Lawrence, J. H. Neal, Owens, Perry, Pinson, Rivers, Sinclair, D. C. Smith, F. N. Smith, J. R. Smith, Snow, Umphlett, Viers, Wilkins and Witherspoon: A BILL TO AMEND CHAPTER 2, TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON AGREEMENTS AND PRACTICES IN CONNECTION WITH CONSUMER CREDIT SALES, BY ADDING SECTION 37-2-418 SO AS TO PROHIBIT THE ISSUANCE AND DISTRIBUTION OF A SELLER CREDIT CARD BY A CREDIT CARD ISSUER WITHOUT A SIGNED, WRITTEN REQUEST FOR CARD OWNERSHIP BY THE PROSPECTIVE CREDIT CARD OWNER; AND TO AMEND CHAPTER 3, TITLE 37, RELATING TO LIMITATIONS ON CONSUMER LOAN AGREEMENTS, BY ADDING SECTION 37-3-418 SO AS TO PROHIBIT THE ISSUANCE AND DISTRIBUTION OF A LENDER CREDIT CARD BY A CREDIT CARD ISSUER WITHOUT A SIGNED, WRITTEN REQUEST FOR CARD OWNERSHIP BY THE PROSPECTIVE CREDIT CARD OWNER.
Referred to Committee on Labor, Commerce and Industry
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. ANTHONY having the floor:
H. 3369 (Word version) -- Reps. Sandifer, Harrell, Witherspoon, Cotty, Young, Neilson and Bales: A BILL TO AMEND SECTION 8-11-83, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYROLL DEDUCTION FOR DUES OF STATE EMPLOYEES' ASSOCIATIONS, SO AS TO PROVIDE FOR PAYROLL DEDUCTION FOR DUES OF MEMBERS OF THE
Reps. KENNEDY and ANTHONY proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5392CM03), which was tabled:
Amend the bill, as and if amended, Section 8-11-83, in SECTION 1, page 1, line 42 after /Association / by striking / and / and inserting / , /
Amend the bill further, Section 8-11-83, in SECTION 1, page 2, by adding after /Association / on line 1 / , and all employees of the State's school districts regardless of the associations that they maintain membership with /
Amend the bill further, Section 8-11-83, in SECTION 1, page 2, by deleting lines 7 and 8 and inserting:
/Officers' Association, the South Carolina Wildlife Law Enforcement Officers' Association, and associations employees of the State's school districts may maintain membership with.
Renumber sections to conform.
Amend title to conform.
Rep. ANTHONY continued speaking.
Rep. TROTTER moved to table the amendment.
Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Barfield Battle Bingham Cato Ceips Chellis Clark Clemmons Coates Cooper Cotty Davenport Delleney Duncan Edge Frye Hagood Hamilton Harrell Harrison Haskins Herbkersman Hinson Huggins Keegan Kirsh Koon Leach Limehouse Loftis Lucas Mahaffey Martin McGee Merrill Perry
Pinson E. H. Pitts Quinn Rice Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith G. M. Smith J. R. Smith W. D. Smith Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker White Wilkins Witherspoon Young
Those who voted in the negative are:
Allen Anthony Bailey Bales Branham Breeland G. Brown J. Brown R. Brown Clyburn Cobb-Hunter Coleman Emory Gourdine Hayes J. Hines M. Hines Hosey Howard Kennedy Lee Lloyd Mack McCraw McLeod Moody-Lawrence J. M. Neal Parks Phillips M. A. Pitts Rhoad Rivers Scott Sheheen F. N. Smith J. E. Smith Snow Weeks Whipper
So, the amendment was tabled.
The question then recurred to the passage of the Bill on second reading.
Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:
Allen Bales Barfield Battle Bingham Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Delleney Duncan Edge Emory Frye Gourdine Govan Hagood Hamilton Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hosey Howard Huggins Keegan Kennedy Kirsh Koon Leach Lee Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller J. M. Neal Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Sandifer Scarborough Scott Sheheen Simrill Sinclair Skelton D. C. Smith J. E. Smith J. R. Smith W. D. Smith Snow Stewart Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
Anthony Freeman Moody-Lawrence Neilson Rice
So, the Bill was read the second time and ordered to third reading.
My intention was to vote 'yes' on H. 3369 but voted 'no' by mistake and the voting closed so I didn't have the opportunity to change the vote. I support this legislation.
Rep. Denny Neilson
Rep. MCLEOD moved to adjourn debate upon the following Bill until Thursday, April 24, which was adopted:
H. 3741 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE EMPLOYEES GRIEVANCE PROCEDURE ACT, SO AS TO EXEMPT EMPLOYEES IN A CHIEF OF STAFF OR EQUIVALENT POSITION, THOSE EMPLOYEES AS DETERMINED BY THE OFFICE OF HUMAN RESOURCES OF THE BUDGET AND CONTROL BOARD TO BE WITHIN TWO MANAGERIAL LEVELS OF EITHER THE AGENCY HEAD OR THE CHIEF OF STAFF OR EQUIVALENT POSITION, AND ANY EMPLOYEES EARNING AN ANNUAL EQUIVALENT SALARY IN EXCESS OF EIGHTY THOUSAND DOLLARS, TO PROVIDE EXCEPTIONS, AND TO PROVIDE A PROCEDURE TO ADJUST THE EIGHTY THOUSAND DOLLAR FIGURE REFERENCED ABOVE EVERY FOUR YEARS.
The following Bill and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
S. 360 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 36-9-525, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES CHARGED FOR FILING AND
Rep. NEILSON explained the Bill.
H. 3994 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CREATING MORE EFFECTIVE PARTNERSHIPS AMONG THE SCHOOLS, PARENTS, COMMUNITY AND BUSINESS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2750, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. TOWNSEND explained the Joint Resolution.
H. 3995 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEST SECURITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2763, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. MILLER explained the Joint Resolution.
H. 3996 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO HOMEBOUND INSTRUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2797, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. MILLER explained the Joint Resolution.
The following Bill was taken up:
H. 3052 (Word version) -- Reps. Harrison, Simrill, Vaughn, Hinson, W. D. Smith, Kirsh, Sandifer, Umphlett, Talley, Merrill, Cobb-Hunter, Witherspoon, Ceips and Richardson: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5361CM03), which was adopted:
Amend the bill, as and if amended, Section 16-11-700, as contained in SECTION 1, by striking lines 1 through 7 on page 4 and inserting:
/ (F) When the sentence for a violation of this section includes litter-gathering labor in addition to a fine or imprisonment, the litter-gathering portion of the sentence is mandatory and must not be suspended; however, the court, upon the request of a person convicted of violating this section, may direct that the person pay an additional monetary penalty in lieu of the litter-gathering portion of the sentence that must be equal to the amount of five dollars an hour of litter-gathering labor. probation may not be granted in lieu of the litter-gathering requirement except for a person's physical or other incapacities.
All funds collected pursuant to this subsection in lieu of the mandatory litter-gathering labor must be remitted to Palmetto Pride to be used in connection with their litter efforts.
(G) For purposes of the offenses established by this section, litter includes cigarettes and cigarette filters.
(H) Only those violations of this section which occurred within a period of five years including and immediately preceding the date of the last violation constitute prior violations within the meaning of this section. /
Renumber sections to conform.
Amend title to conform.
Rep. LUCAS 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. 3151 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 62-5-433, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTIONAL AMOUNTS IN CLAIMS FOR AND AGAINST MINORS AND INCAPACITATED PERSONS, SO AS TO RAISE THE JURISDICTIONAL AMOUNT BELOW WHICH THESE CLAIMS MAY BE HEARD IN PROBATE COURT FROM TWENTY-FIVE THOUSAND TO THIRTY-FIVE THOUSAND DOLLARS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22075HTC03), which was adopted:
Amend the bill, as and if amended, by striking Section 62-5-433 as contained in SECTION 1, beginning on page 1, and inserting:
/ Section 62-5-433. (A)(1) For purposes of this section and for any a claim exceeding twenty-five one hundred thousand dollars in favor of or against any a minor or incapacitated person, 'court' means the circuit court of the county in which the minor or incapacitated person resides or the circuit court in the county in which the suit is pending. For purposes of this section and for any a claim not exceeding twenty-five one hundred thousand dollars in favor of or against any a minor or incapacitated person, 'court' means either the circuit court or the probate court of the county in which the minor or incapacitated person resides or the circuit court or probate court in the county in which the suit is pending.
(2) 'Claim' means the net or actual amount accruing to or paid by the a minor or incapacitated person as a result of the settlement.
(3) 'Petitioner' means either a conservator appointed by the probate court for the a minor or incapacitated person or the guardian or guardian ad litem of the minor or incapacitated person if a conservator has not been appointed.
(B) The settlement of any a claim over twenty-five one hundred thousand dollars in favor of or against any a minor or incapacitated person for the payment of money or the possession of personal property must be effected on his behalf in the following manner:
(1) The petitioner must file with the court a verified petition setting forth all of the pertinent facts concerning the claim, payment, attorney's fees, and expenses, if any, and the reasons why, in the opinion of the petitioner, the proposed settlement should be approved.
(2) If, upon consideration of the petition and after hearing the testimony as it may require concerning the matter, the court concludes that the proposed settlement is proper and in the best interests of the minor or incapacitated person, the court shall issue its order approving the settlement and authorizing the petitioner to consummate it and, if the settlement requires the payment of money or the delivery of personal property for the benefit of the minor or incapacitated person, to receive the money or personal property and execute a proper receipt and release or covenant not to sue therefor, which is binding upon the minor or incapacitated person.
(3) The order authorizing the settlement must require that payment or delivery of the money or personal property be made through the conservator. If a conservator has not been appointed, the petitioner shall, upon receiving the money or personal property, pay and deliver it to the court pending the appointment and qualification of a duly appointed conservator. If a party subject to the court order fails or refuses to pay the money or deliver the personal property as required by the order, he is liable and punishable as for contempt of court, but failure or refusal does not affect the validity or conclusiveness of the settlement.
(C) The settlement of any a claim that does not exceed twenty-five one hundred thousand dollars in favor of or against a minor or incapacitated person for the payment of money or the possession of personal property may be effected in any of the following manners:
(1) If a conservator has been appointed, he may settle the claim without court authorization or confirmation, as provided in Section 62-5-424, or he may must petition the court for approval, as provided in items (1), (2), and (3) of subsection (B). If the settlement requires the payment of money or the delivery of personal property for the benefit of the minor or incapacitated person, the conservator shall receive the money or personal property after posting a proper bond pursuant to Section 62-5-411 and shall execute a proper receipt and release or covenant not to sue therefor, which is binding upon the minor or incapacitated person.
(2) If a conservator has not been appointed, the guardian or guardian ad litem must petition the court for approval of the settlement, as provided in items (1) and (2) of subsection (B), and without the
(D) The settlement of any a claim that does not exceed two thousand five hundred five thousand dollars in favor of or against any a minor or incapacitated person for the payment of money or the possession of personal property may be effected by the parent or guardian of the minor or incapacitated person without court approval of the settlement and without the appointment of a conservator. If the settlement requires the payment of money or the delivery of personal property for the benefit of the minor or incapacitated person, the parent or guardian shall receive the money or personal property and execute a proper receipt and release or covenant not to sue therefor, which is binding upon the minor or incapacitated person. The payment or delivery of money or personal property to or for a minor or incapacitated person must be made in accordance with Section 62-5-103. /
Renumber sections to conform.
Amend title to conform.
Rep. SINCLAIR explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 224 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 24-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORRECTIONS AND TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT A YOUTHFUL OFFENDER INCLUDES A PERSON UNDER SEVENTEEN YEARS OF AGE WHO HAS COMMITTED A NONVIOLENT CRIME THAT IS A CLASS D FELONY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5363CM03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 24-19-10 of the 1976 Code, as last amended by Act 441 of 1996, is further amended to read:
"Section 24-19-10. As used herein:
(a) 'Department' means the Department of Corrections.
(b) 'Division' means the Youthful Offender Division.
(c) 'Director' means the Director of the Department of Corrections.
(d) 'Youthful offender' means an offender who is:
(i) under seventeen years of age and has been bound over for proper criminal proceedings to the court of general sessions pursuant to Section 20-7-7605 for allegedly committing an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class D, Class E, or Class F felony, as defined in Section 16-1-20, or a felony which provides for a maximum term of imprisonment of less than fifteen years fifteen years or less, or
(ii) who is seventeen but less than twenty-five years of age at the time of conviction for an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class D, Class E, or Class F felony, or a felony which provides for a maximum term of imprisonment of fifteen years or less.
(e) 'Treatment' means corrective and preventive guidance and training designed to protect the public by correcting the antisocial tendencies of youthful offenders,; this may also include vocational and other training deemed fit considered appropriate and necessary by the Division division.
(f) 'Conviction' means a judgment in a verdict or finding of guilty, plea of guilty, or plea of nolo contendere to a criminal charge where the imprisonment may be is at least one year, but excluding all offenses in which the maximum punishment provided by law is death or life imprisonment."
SECTION 2. Article 5, Chapter 5, Title 40 of the 1976 Code is amended by adding:
"Section 40-5-390. In any criminal case, an attorney may charge a nonrefundable flat fee."
SECTION 3. This act takes effect upon approval by the Governor. /
Amend the bill further, as and if amended, by striking the title and inserting:
/TO AMEND SECTION 24-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORRECTIONS AND TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT THE TERM "YOUTHFUL OFFENDER" INCLUDES A PERSON UNDER SEVENTEEN YEARS OF AGE WHO HAS COMMITTED A NONVIOLENT CRIME THAT IS A CLASS D FELONY; AND BY ADDING SECTION 40-5-390 SO AS TO PROVIDE THAT IN ANY CRIMINAL CASE AN ATTORNEY MAY CHARGE A NONREFUNDABLE FLAT FEE. /
Renumber sections to conform.
Amend 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.
On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works and was referred to the Committee on Judiciary:
S. 495 (Word version) -- Senators Knotts, Courson, Waldrep, Martin and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-5635 SO AS TO ESTABLISH A PROCEDURE BY WHICH A LAW ENFORCEMENT OFFICER
On motion of Rep. HARRISON, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Judiciary:
S. 479 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO CRIMINAL JUSTICE ACADEMY TRAINING REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2730, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. SCOTT asked unanimous consent to recall H. 3045 (Word version) from the Committee on Education and Public Works.
Rep. TOWNSEND objected.
The motion period was dispensed with on motion of Rep. COOPER.
The following Bill was taken up:
H. 3397 (Word version) -- Reps. Walker, Lourie and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-80 SO AS TO ENCOURAGE TEXTBOOK PUBLISHERS TO PROVIDE COMPACT DISC COPIES OF THE TEXTBOOK OR AN EXTRA COPY OF THE TEXTBOOK FOR USE AT HOME FOR EACH MIDDLE AND SECONDARY SCHOOL TEXTBOOK PROVIDED TO THE STATE.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20424SD03), which was adopted:
Amend the bill, as and if amended, in Section 59-31-80 of the 1976 Code, as contained in SECTION 2, by adding a new subsection (D) to read:
/ (D) Local school boards of trustees are encouraged to adopt policies to alleviate the burden of heavy backpacks. Suggested activities include, but are not limited to, the following: allowing the use of rolling backpacks in the hallways of schools, locating student lockers in an area of campus that is conducive to frequent visits, seeking alternate methods of providing information such as posting materials and subject information online, and considering lightweight alternatives to the usual school supplies. /
Renumber sections to conform.
Amend title to conform.
Rep. WALKER 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:
Anthony Bailey Bales Barfield Battle Bingham
Branham Breeland R. Brown Cato Ceips Chellis Clark Clemmons Clyburn Cobb-Hunter Cooper Davenport Delleney Duncan Edge Emory Freeman Frye Gourdine Govan Hagood Hamilton Harrell Harrison Harvin Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hosey Howard Huggins Jennings Kirsh Koon Leach Limehouse Littlejohn Lloyd Loftis Lucas Mack Mahaffey McCraw McLeod Merrill Miller Moody-Lawrence J. M. Neal Neilson Owens Parks Perry Phillips M. A. Pitts Quinn Rhoad Rice Rivers Scarborough Scott Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Stille Talley Taylor Thompson Toole Townsend Trotter Umphlett Viers Walker Weeks Whipper White Whitmire Witherspoon
Those who voted in the negative are:
Cotty Keegan E. H. Pitts
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. HARRISON moved to adjourn debate upon the following Bill until Thursday, April 24, which was adopted:
H. 3587 (Word version) -- Rep. Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1550 SO AS TO PROVIDE THAT IN PROCEEDINGS IN WHICH CHILD CUSTODY AND VISITATION ARE IN DISPUTE THERE IS A PRESUMPTION THAT JOINT CUSTODY IS IN THE BEST INTEREST OF THE CHILD, TO REQUIRE THE COURT TO ORDER JOINT CUSTODY ABSENT WRITTEN FINDINGS THAT A PARENT IS UNFIT OR GEOGRAPHICALLY REMOVED, AND TO REQUIRE THE COURT TO EQUALIZE AND PROMOTE OPPORTUNITIES FOR EACH PARENT TO BE INVOLVED IN ACTIVITIES IN THE CHILD'S LIFE IN AND OUT OF SCHOOL.
The following Bill was taken up:
H. 3187 (Word version) -- Reps. Merrill, Viers, Stille, Walker, Richardson, Cotty and Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-17-55 SO AS TO PROHIBIT THE USE OF PUBLIC FUNDS TO EMPLOY OR CONTRACT WITH A LOBBYIST AND TO PROVIDE EXCEPTIONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3438DW03):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 17, Title 2 of the 1976 Code is amended by adding:
"Section 2-17-55. It is unlawful for a state agency, authority, or department to directly or indirectly hire or retain an independent contractor as a lobbyist as defined in Section 2-17-10(13). The provisions of this section do not include foundations established by state-sponsored universities or institutions of higher education which do not receive appropriated funds on an annual basis."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of Amendment No. 1.
At 12:00 noon the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 3894 (Word version) -- Reps. Jennings and Neilson: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 2003 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2003 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 23, 2003, AT 12:00 NOON OR A TIME TO BE DETERMINED BY THE SPEAKER OF THE HOUSE AND PRESIDENT PRO TEMPORE OF THE SENATE, AND TO RECOGNIZE AND COMMEND THE 2003 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.
The 2003 Jean Laney Harris Award Winners were escorted to the rostrum by Senators Setzler, Elliott, Martin, Anderson and Grooms and Representatives JENNINGS, BAILEY, BINGHAM, OWENS and RHOAD.
Lt. Gov. Bauer made the following opening remarks:
"Members of the Joint Assembly, ladies and gentlemen, it is my honor to present to you, the Speaker of the House, the Honorable David
SPEAKER WILKINS made the following remarks:
"Thank you Lt. Gov. Bauer. Helen Keller once said, 'Keep your face to the sunshine and you cannot see the shadows.' Artists like those we are recognizing today have made it their life's work to bring sunshine to the shadows. By honing their God given skills they have made South Carolina a better place and have uplifted us all. The awards they will be receiving today were first established to recognize the State's most outstanding practitioners of traditional art. They are made in memory of our friend and former collegue, Jean Laney Harris. It is my pleasure to present this year's Folk Heritage Awards. The first recipients are Loyd 'Slick' McGaha and Steve McGaha, for Bones and Blues Guitar. Loyd 'Slick' McGaha epitomizes the essence of a traditional performer while capturing the traditions of South Carolina. 'Slick' learned to play 'bones', a traditional rhythmic technique from a local African American performer and in turn he passed his love of music on to his son, Steve. Steve has become a highly regarded blues guitarist in his own right. Both father and son synthesize the blending of South Carolina cultural traditions, in which African Americans and Anglo Americans share performance styles and adapt them to their own use. It is my pleasure to present the Jean Laney Harris Folk Heritage Award to Loyd 'Slick' McGaha and Steve McGaha.
Maree Dowdey learned a variety of folk arts from different family members as she grew up watching her relatives create items of beauty as well as practical products for everyday living. Her hours of practice in learning their techniques and dedication to the task at hand taught her perserverance, patience and a deep respect for these skills. For most of her adult life she shared her skills and knowledge in quilting, natural dyes, spinning, weaving, soapmaking, basketry, candlemaking and cornshuck dolls. Because of her close ties with textiles, she became interested in enhancing the beauty of fibers with natural dyes using plants she gathers herself from within and around South Carolina. She is very active in educating the public about her crafts, demonstrating her skills in schools and museums. It is my honor now to present the Jean Laney Harris Folk Heritage Award to Maree Dowdey.
George Herron is widely regarded as the 'Granddaddy of South Carolina knifemakers'. When he was fourteen, Herron smithed his first knife out of an old file he found in his grandfather's blacksmith shop in Martin, Georgia. He has been hard at work ever since. His ability to
Lt. Gov. Bauer made the following closing remarks:
"I would like to close this ceremony today by thanking the award winners for sharing their talents with us today. The Assembly is now adjourned."
Upon conclusion of the presentations, the distinguished guests and escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:20 p.m. the House resumed, the SPEAKER in the Chair.
Rep. BAILEY moved that the House recede until 2:00 p.m., which was agreed to.
At 2:00 p.m. the House resumed, the SPEAKER in the Chair.
The SPEAKER granted Rep. M. HINES a leave of absence for the remainder of the day.
The SPEAKER granted Rep. KENNEDY a leave of absence for the remainder of the day.
The question of a quorum was raised.
A quorum was later present.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1:
H. 3187 (Word version) -- Reps. Merrill, Viers, Stille, Walker, Richardson, Cotty and Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-17-55 SO AS TO PROHIBIT THE USE OF PUBLIC FUNDS TO EMPLOY OR CONTRACT WITH A LOBBYIST AND TO PROVIDE EXCEPTIONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3438DW03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 17, Title 2 of the 1976 Code is amended by adding:
"Section 2-17-55. It is unlawful for a state agency, authority, or department to directly or indirectly hire or retain an independent contractor as a lobbyist as defined in Section 2-17-10(13). The provisions of this section do not include foundations established by state-sponsored universities or institutions of higher education which do not receive appropriated funds on an annual basis."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON spoke against the amendment.
Rep. HARRISON continued speaking.
Rep. HARRISON spoke against the amendment.
Rep. QUINN spoke in favor of the amendment.
Rep. QUINN spoke in favor of the amendment.
Rep. HAGOOD spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. PERRY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Bingham Bowers R. Brown Ceips Coates Coleman Cotty Davenport Delleney Duncan Edge Emory Frye Hagood Herbkersman Hinson Huggins Kirsh Koon Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McGee McLeod Merrill J. M. Neal Neilson Pinson E. H. Pitts M. A. Pitts Quinn Scarborough Sheheen Simrill Sinclair D. C. Smith F. N. Smith G. M. Smith W. D. Smith Stille Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Viers Walker Weeks Whitmire Wilkins Witherspoon
Those who voted in the negative are:
Allen Bales Barfield Battle Branham Breeland G. Brown J. Brown Cato Chellis Clark Clemmons Clyburn Cooper Freeman Govan Harrell Harrison
Haskins Hayes J. Hines Hosey Jennings Keegan Mack McCraw Miller Moody-Lawrence Ott Owens Parks Perry Rhoad Rice Rivers Sandifer Scott Skelton J. E. Smith Snow Stewart Trotter Whipper White Young
So, the amendment was adopted.
Rep. COOPER proposed the following Amendment No. 2 (Doc Name COUNCIL\SWB\5402CM03), which was tabled:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/SECTION __. Chapter 17, Title 2 of the 1976 Code is amended by adding:
"Section 2-17-57. A member of the General Assembly may not represent a lobbyist principal except in a legal proceeding or as an accountant." /
Renumber sections to conform.
Amend title to conform.
Rep. COOPER explained the amendment.
Rep. QUINN moved to table the amendment.
Rep. PERRY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Bales Bingham Branham Ceips Chellis Clark Clyburn Coleman Cotty Davenport Delleney Duncan Edge Emory Frye Hagood Harrison
Harvin Haskins Herbkersman Hinson Hosey Howard Huggins Keegan Koon Limehouse Littlejohn Lucas Mack Martin Merrill Pinson E. H. Pitts M. A. Pitts Quinn Scarborough Scott Sheheen D. C. Smith G. M. Smith Snow Stille Talley Taylor Toole Tripp Umphlett Vaughn Viers Weeks Whipper Wilkins Witherspoon Young
Those who voted in the negative are:
Allen Barfield Battle Bowers Breeland G. Brown J. Brown R. Brown Cato Clemmons Cobb-Hunter Cooper Freeman Govan Hayes J. Hines Jennings Kirsh Leach Mahaffey McCraw McGee McLeod Miller Moody-Lawrence Neilson Ott Owens Parks Perry Rhoad Rice Rivers Sandifer Simrill Skelton F. N. Smith J. R. Smith W. D. Smith Stewart Thompson Townsend Trotter Walker White Whitmire
So, the amendment was tabled.
Rep. WITHERSPOON proposed the following Amendment No. 3 (Doc Name COUNCIL\SWB\5404CM03), which was tabled:
Rep. WITHERSPOON explained the amendment.
Rep. SCOTT spoke against the amendment.
Rep. SCOTT moved to table the amendment.
Rep. F. N. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bales Bingham Branham Breeland G. Brown J. Brown R. Brown Clark Clyburn Cobb-Hunter Cotty Delleney Edge Emory Freeman Govan Hagood Harrison Harvin Hayes J. Hines Hinson Hosey Howard Huggins Jennings Kirsh Limehouse Littlejohn Lucas Mack McCraw McLeod Merrill J. M. Neal Neilson Ott Owens Parks Pinson E. H. Pitts Rivers Scarborough Scott D. C. Smith G. M. Smith J. R. Smith Stille Thompson Toole Umphlett Weeks Whipper Young
Those who voted in the negative are:
Allen Bailey Barfield Battle Bowers Cato Ceips Chellis Clemmons
Coates Davenport Duncan Frye Haskins Herbkersman Keegan Koon Leach Loftis Mahaffey Martin Miller Moody-Lawrence Perry M. A. Pitts Quinn Rhoad Rice Sandifer Simrill Sinclair Skelton F. N. Smith W. D. Smith Snow Stewart Talley Taylor Townsend Tripp Trotter Vaughn Viers Walker White Whitmire Wilkins Witherspoon
So, the amendment was tabled.
Rep. PERRY proposed the following Amendment No. 4 (Doc Name COUNCIL\GGS\22109HTC03), which was tabled:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Chapter 17, Title 2 of the 1976 Code is amended by adding:
"Section 2-17-55. (A) It is unlawful for a state agency, instrumentality, or department to employ or contract with a lobbyist as defined in Section 2-17-10(13). The provisions of this section do not include:
(1) appearances by the administrative head of a state agency, instrumentality, or department before a public body by specific request;
(2) authorized employees of the General Assembly, Office of the Governor, State Supreme Court, the State Budget and Control Board, or the Department of Revenue, whose duties are to assess the impact of proposals which affect the administration of state government.
(B) It is unlawful for any membership association, whether membership is voluntary or not, whose members receive state funds appropriated in the annual general appropriations act or in supplemental appropriations acts as compensation for services or as governmental transfer payments to employ or contract with a lobbyist as defined in Section 2-17-10(13)." /
Rep. PERRY explained the amendment.
Rep. JENNINGS moved to table the amendment.
Rep. PERRY demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 62 to 26.
Rep. WHITE proposed the following Amendment No. 5 (Doc Name COUNCIL\SWB\5408CM03), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION:
/SECTION __. Chapter 17, Title 2 of the 1976 Code is amended by adding:
Section 2-17-57. Notwithstanding another provision of law, an agency, authority, or department that does not employ a full-time lobbyist may employ a contract lobbyist. /
Renumber sections to conform.
Amend title to conform.
Rep. WHITE explained the amendment.
Rep. MERRILL moved to table the amendment.
Rep. PERRY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Battle Bingham Branham G. Brown R. Brown Ceips Chellis Clark Cotty Delleney Duncan Edge Emory Freeman Frye Hagood Harrell Hayes Herbkersman J. Hines Hinson Huggins Jennings Kirsh Koon Limehouse
Littlejohn Lucas Mack Mahaffey McLeod Merrill Miller J. M. Neal Neilson Owens Parks Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Rivers Scarborough Scott Sheheen Sinclair D. C. Smith F. N. Smith G. M. Smith J. R. Smith Snow Stille Talley Taylor Toole Tripp Umphlett Viers Weeks Whipper Young
Those who voted in the negative are:
Bales Barfield J. Brown Cato Clemmons Clyburn Coates Cooper Davenport Govan Harrison Harvin Haskins Hosey Keegan Leach Martin McCraw McGee Moody-Lawrence Perry Sandifer Simrill Skelton Stewart Thompson Trotter Vaughn White Whitmire Wilkins Witherspoon
So, the amendment was tabled.
Rep. SKELTON moved to table the Bill.
Rep. PERRY demanded the yeas and nays which were taken, resulting as follows:
Barfield Battle Breeland G. Brown Cato Clyburn Cobb-Hunter Cooper Edge Freeman Harvin Hayes Jennings Keegan Leach Mack Miller Moody-Lawrence Perry Rhoad Sandifer Skelton Stewart Trotter Whipper White
Those who voted in the negative are:
Allen Bailey Bales Bingham Bowers Branham J. Brown R. Brown Ceips Chellis Clark Clemmons Coates Cotty Davenport Delleney Duncan Emory Frye Hagood Harrell Harrison Haskins Herbkersman J. Hines Hinson Hosey Howard Huggins Kirsh Koon Limehouse Littlejohn Lucas Mahaffey McGee McLeod Merrill J. H. Neal J. M. Neal Neilson Ott Owens Parks Pinson E. H. Pitts M. A. Pitts Quinn Rice Rivers Scarborough Scott Sheheen Simrill Sinclair D. C. Smith F. N. Smith G. M. Smith J. R. Smith W. D. Smith Snow Stille Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Viers Weeks Wilkins Witherspoon Young
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Bailey Battle Bingham Bowers Branham R. Brown Ceips Chellis Clark Clemmons Coates Cobb-Hunter Cotty Davenport Delleney Duncan Edge Emory Freeman Frye Hagood Harrell Harrison Haskins Herbkersman J. Hines Hinson Hosey Huggins Jennings Kirsh Koon Leach Limehouse Littlejohn Lucas Mahaffey Martin McGee McLeod Merrill Miller J. M. Neal Neilson Ott Owens Parks Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Rivers Scarborough Sheheen Simrill Sinclair D. C. Smith F. N. Smith G. M. Smith J. E. Smith J. R. Smith W. D. Smith Snow Stille Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Viers Weeks Whipper Whitmire Wilkins Young
Those who voted in the negative are:
Barfield Breeland G. Brown J. Brown Cato Clyburn Cooper Harvin Hayes
Howard Keegan Mack McCraw Moody-Lawrence J. H. Neal Perry Sandifer Scott Skelton Stewart Trotter White Witherspoon
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3220 (Word version) -- Reps. Lourie, Bales, Littlejohn, Clemmons, Cotty, Weeks, Neilson, Miller and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 38, TITLE 43 SO AS TO CREATE THE VOLUNTEER LONG TERM CARE ADVOCATE PROGRAM UNDER THE LONG TERM CARE OMBUDSMAN PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, TO ESTABLISH THE STRUCTURE OF THE VOLUNTEER PROGRAM, TO PROVIDE FOR THE DUTIES AND RESPONSIBILITIES OF THE DEPARTMENT AND THE OMBUDSMAN PROGRAM, AND TO REQUIRE THE DEPARTMENT INITIALLY TO IMPLEMENT THIS PROGRAM IN LIMITED AREAS USING CIVIL MONEY PENALTIES FUNDS AND TO EXPAND THE PROGRAM AS FUNDS BECOME AVAILABLE, AND TO DESIGNATE SECTIONS 43-38-10 THROUGH 43-38-60 AS ARTICLE 1, CHAPTER 38, TITLE 43 AND TO NAME ARTICLE 1 "HEALTH FACILITY INVESTIGATIONS".
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11554AC03):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 38 , Title 43 of the 1976 Code is amended by adding:
Section 43-38-300. There is created the Volunteer Long Term Care Advocate Program under the Long Term Care Ombudsman Program. The purpose of this program is to augment the services provided by the Ombudsman Program by assisting the program in providing a higher level of service to long term care residents and by maintaining a higher degree of presence in nursing homes.
Section 43-38-310. The department shall contract with area agencies on aging, authorized under the federal Older Americans Act and which operate regional ombudsman programs, to employ a volunteer coordinator for each agency and one statewide volunteer coordinator. The Long Term Care Ombudsman Program shall assist the volunteer coordinators in recruiting, screening, training, and placing volunteers, and staff of the regional ombudsman programs shall supervise the volunteer coordinators and provide ongoing guidance and direction to the volunteer advocates. The Long Term Care Ombudsman shall supervise the statewide volunteer coordinator and provide guidance and technical assistance to the regional volunteer programs.
Section 43-38-320. In carrying out this program, a volunteer advocate may, among other things:
(1) make regular visits to a nursing home where he is assigned;
(2) identify and informally to address concerns of nursing home residents and families;
(3) provide information to and assistance in gathering information for regional ombudsmen.
Section 43-38-330. (A) A regional ombudsman program may not place a volunteer advocate until the volunteer advocate has undergone a criminal record check as provided in this section. A regional ombudsman program may consider the information revealed by a criminal record check as a factor in evaluating a volunteer's application to participate in the program.
(B) If the regional ombudsman program is unable to verify South Carolina residency for a volunteer advocate for the preceding twelve months, the applicant must undergo a federal criminal record check in addition to the state criminal record check. However, if the volunteer advocate applicant can verify residency in North Carolina or Georgia for the twelve months preceding the date of application, the regional
(C) Criminal record checks must be conducted by the State Law Enforcement Division or by a private business, organization, or association which conducts background checks if that entity utilizes current criminal records obtained from the State Law Enforcement Division or the Federal Bureau of Investigation to determine any criminal record. A volunteer advocate applicant shall submit with the application one complete set of the applicant's fingerprints on forms specified or furnished by the State Law Enforcement Division. Fingerprint cards submitted to the State Law Enforcement Division pursuant to this section must be used to facilitate a national criminal record check, as required by this section. (D) The criminal record check is not required to be repeated as long as the person continues to serve as a volunteer with a regional ombudsman program; however, if a person fails to participate in the volunteer ombudsman program for one year or longer, the criminal record check must be repeated before resuming volunteer advocate activities with the program. The fee charged by the Federal Bureau of Investigation, if any, for the fingerprint review must be paid by the volunteer advocate or the volunteer ombudsman program.
Section 43-38-340. Beginning in fiscal year 2003-2004, the Department of Health and Human Services initially shall implement this program for a three year period in a limited number of areas considering the areas of the state where complaints about nursing homes received by the department have been highest using funds from civil money penalties, provided under federal law. The department shall submit a report including recommendations to the General Assembly and the Governor no later than January 15, 2006 on the program's implementation. As state and other funds become available, the department shall expand the program statewide.
Section 43-38-350. A nursing home may not be held liable for civil or criminal acts or omissions of a volunteer advocate.
Section 43-38-360. The Department of Health and Human Services shall promulgate regulations to implement the provisions of this article including, but not limited to, volunteer training and certification requirements and the scope of volunteer activities."
SECTION 2. Sections 43-38-10 through 43-38-60 of the 1976 Code are designated as Article 1 of Chapter 38, Title 43 and named 'Health Facility Investigations'.
Rep. HAYES explained the amendment.
Rep. HAYES moved to adjourn debate on the Bill until Tuesday, April 29, which was agreed to.
The following Bill was taken up:
H. 3899 (Word version) -- Reps. Harrell, Wilkins, Altman, Bailey, Bales, Battle, Bingham, Cato, Ceips, Clark, Cooper, Cotty, Dantzler, Duncan, Edge, Gilham, Harrison, Haskins, Herbkersman, Jennings, Keegan, Leach, Limehouse, Littlejohn, Loftis, E. H. Pitts, Cobb-Hunter, Mahaffey, McCraw, J. H. Neal, Mack, Perry, Howard, Quinn, Rhoad, Rutherford, Lourie, Rice, Neilson, Sandifer, Miller, Skelton, Bowers, D. C. Smith, Ott, J. E. Smith, Owens, J. R. Smith, W. D. Smith, Whipper, Snow, Stewart, Talley, Thompson, Tripp, Trotter, Umphlett, Vaughn, White, Whitmire and Witherspoon: A BILL TO ENACT THE SOUTH CAROLINA RESEARCH UNIVERSITY RESTRUCTURING AND INFRASTRUCTURE ACT OF 2003; TO AMEND SECTIONS 59-103-5, 59-103-10, AS AMENDED, 59-103-15, AS AMENDED, 59-103-20, AS AMENDED, 59-103-25, 59-103-30, 59-103-35, AS AMENDED, 59-103-36, 59-103-40, 59-103-45, AS AMENDED, 59-103-60, AS AMENDED, 59-103-65, 59-103-70, 59-103-90, AS AMENDED, 59-103-130, 59-103-140, 59-103-150, 59-103-160, 59-103-165, 59-103-170, 59-103-180, 59-103-190, 59-103-195, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO DEFINE CERTAIN TERMS, CHANGE THE COMPOSITION OF THE COMMISSION TO DELETE REPRESENTATIVES OF THE RESEARCH UNIVERSITIES FROM THE COMMISSION, PROVIDE WHEN RESEARCH UNIVERSITIES ARE SUBJECT TO THE PROVISIONS OF THIS CHAPTER, AND MAKE OTHER TECHNICAL CHANGES; BY ADDING SECTION 59-103-210, SO AS TO EXEMPT RESEARCH UNIVERSITIES FROM THE PROVISIONS OF CHAPTER 103, TITLE 59 AND THE COUNCIL OF THE COMMISSION ON HIGHER EDUCATION UNLESS EXPRESSLY STATED IN THE CHAPTER; BY ADDING SECTION
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\9758SL03), which was adopted:
Amend the bill, as and if amended, Section 59-103-45(4)(d), as contained in SECTION 10, page 13, line 22, after /performance/ by deleting /indicators / and inserting /indicators/ so that when amended the subitem reads:
/ (d) develop a public higher education funding formula based entirely on an institution's achievement of the standards set for these performance indicators, this formula to be used beginning July 1, 1999./.
Amend the bill further, by deleting Section 59-155-20(A) as contained in SECTION 26 and inserting:
/ (A) There is created the South Carolina Research Oversight Council. The council shall consist of ten members. The membership of the council must be as follows:
(1) one at-large member to serve as chairman appointed by the Governor with the advice and consent of the Senate. To qualify for appointment, the member must have extensive experience in higher education and experience in economic development, business
(2) one at-large member appointed by the President Pro Tempore of the Senate. To qualify for appointment, the member must have extensive experience in higher education and experience in economic development, business development, or research that results in economic or business development. This member must be appointed to serve a term of four years and may not serve on the council for more than two consecutive terms;
(3) one at-large member appointed by the Speaker of the House of Representatives. To qualify for appointment, the member must have extensive experience in higher education and experience in economic development, business development, or research that results in economic or business development. This member must be appointed to serve a term of four years and shall not serve on the council for more than two consecutive terms;
(4) three members to serve ex officio to represent the research universities. These members shall consist of the Chairmen of the Board of Trustees of each research university. The term on the council for each respective Chairman of the Board of Trustees must be coterminous with his term as Chairman of the Board of Trustees;
(5) three members to serve ex officio, one appointed by the Governor, one appointed by the President Pro Tempore of the Senate, and one appointed by the Speaker of the House of Representatives. These three members must be appointed from the membership of the respective Board of Trustees of each research university on a rotating basis every four years. The initial appointments must be made as follows: the Governor appoints from the Board of the Medical University of South Carolina; the President Pro Tempore of the Senate appoints from the Board of the University of South Carolina, and the Speaker of the House of Representatives appoints from the Board of Clemson University. The second rotation of appointments is as follows: the Governor appoints from the Board of Clemson University; the President Pro Tempore of the Senate appoints from the Board of the Medical University of South Carolina; and the Speaker of the House of Representatives appoints from the Board of the University of South Carolina. The third rotation of appointments is as follows: the Governor appoints from the Board of the University of South Carolina; the President Pro Tempore of the Senate appoints from the Board of Clemson University; and the Speaker of the House of Representatives
(6) the Chairman of the Research Centers of Excellence Review Board, created in Section 2-75-10, to serve ex officio. /
Amend the bill further, Section 59-155-110 as contained in SECTION 26, page 26, line 31, by adding after /chairman./ the following:
/ The amount necessary to fully fund the council must be divided evenly among the research universities. The research universities are instructed to transfer this amount from their authorized or appropriated funds to the council. / so that when amended the section reads:
/ Section 59-155-110. Funds for the necessary technical, administrative, and clerical assistance and other expenses of the Research Oversight Council, including stationery, must be carried in the annual appropriations act for the State. The members of the council are allowed per diem and mileage as authorized by law for members of boards, commissions, and committees. The sum appropriated for the use of the council must be expended upon warrants signed by the chairman. The amount necessary to fully fund the council must be divided evenly among the research universities. The research universities are instructed to transfer this amount from their authorized or appropriated funds to the council. /
Amend the bill further, Section 59-155-160 as contained in SECTION 26, page 27, line 35, after /Higher Education/ by inserting / , the Department of Commerce, /
When amended, Section 59-155-160 shall read:
/ Section 59-155-160. The provisions of this chapter recognize the unique roles that research universities play in educating the public while also serving as engines of economic development for the State. The Research Oversight Council and research universities shall cooperate and collaborate with the Commission on Higher Education, the Department of Commerce, and public and private institutions of higher learning as defined in Section 59-103-5 to better serve the citizens of South Carolina and the nation and provide economic benefits statewide. /
Section 11-51-10. This chapter may be cited as the 'State General Obligation Economic Development and Research University Bond Act'.
Section 11-51-20. As incident to this chapter, the General Assembly finds:
(1) That by Section 4, Act 10 of 1985, the General Assembly ratified an amendment to Article X, Section 13(6)(c), Constitution of this State, 1895. One amendment in Article X, Section 13(6)(c) limits the issuance of general obligation debt of the State such that maximum annual debt service on general obligation bonds of the State, excluding highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes, may not exceed five percent of the general revenues of the State for the fiscal year next preceding, excluding revenues that are authorized to be pledged for state highway bonds and state institution bonds.
(2) Article X, Section 13(6)(c), as amended, further provides that the percentage rate of general revenues of the State by which general obligation bond debt service is limited may be reduced to four or increased to seven percent by legislative enactment passed by a two-thirds vote of the total membership of the Senate and a two-thirds vote of the total membership of the House of Representatives.
(3) In order to foster economic development within the State and the advancement of research projects at the research universities, as defined in Section 11-51-30, by providing the necessary funds to defray the costs of certain infrastructure and facilities, as defined in Section 11-51-30, it is in the best interests of the State that the limitation on general obligation debt imposed by Article X, Section 13(6)(c) be increased to five and one-half percent with the additional debt service capacity available at any time as a consequence of the increase available only for the repayment of general obligation bonds issued to provide infrastructure and facilities for:
(a) economic development within the State; and
(b) the advancement of the research universities.
Section 11-51-30. As used in this chapter:
(1) 'Bonds' means state general obligation economic development bonds and state general obligation research university bonds.
(2) 'Department' means the State Department of Commerce.
(3) 'Economic development project' means a project as defined in Section 12-44-30(16) in which a total of at least four hundred million dollars is invested by the sponsor and at least four hundred new jobs are created at the project by the sponsor. To qualify as an economic development project for purposes of this chapter, the investment and job creation requirements must be attained no later than the eighth year after the project first begins operations.
(4) 'Economic development infrastructure' must relate specifically to, but is not required to be located on, the economic development project and means:
(a) land acquisition;
(b) site preparation;
(c) road and highway improvements;
(d) rail spur construction;
(e) water service;
(f) wastewater treatment;
(g) employee training which may include equipment used for this purpose;
(h) environmental mitigation; and
(i) training and research facilities and the necessary equipment for them.
(5) 'Economic development investment' means money expended by the sponsor on capital assets directly related to the economic development project and does not include amounts expended in aid of the project by the State pursuant to this chapter or otherwise, or amounts expended in aid of the project by a county, municipality, or a special purpose district, however financed.
(6) 'Facilities and administration costs' means depreciation and use allowances, interest on debt associated with buildings, equipment and capital improvements, operation and maintenance expenses, library expenses, general administration expenses, departmental administration, sponsored projects administration, and student administration and services.
(7) 'New job' means a full-time job created in this State at an economic development project. The term does not include a job created when an employee is shifted from an existing location in this State to a new or expanded facility whether the transferred job is from,
(8) 'Research Centers for Excellence Review Board' means the board created pursuant to Section 2-75-10.
(9) 'Research infrastructure project' means a project that would advance economic development and create a knowledge based economy, thereby increasing job opportunities, or facilitate and increase externally funded research at the research universities, including, but not limited to, land acquisition, acquisition or construction of buildings, equipment, furnishings, site preparation, road and highway improvements, water and sewer infrastructure and other things necessary or convenient to advance economic development or to facilitate and increase research at the research universities.
(10) 'Research universities' means Clemson University, the Medical University of South Carolina, and the University of South Carolina - Columbia.
(11) 'Sponsor' means a sole proprietor, partnership, corporation of any classification, limited liability company, or association taxable as a business entity or a combination of these entities.
(12) 'State general obligation economic development bonds' or 'economic development bonds' means general obligation bonds of this State issued under the authority of and pursuant to the provision of this chapter in order to defray the cost of economic development infrastructure.
(13) 'State general obligation research university bonds' or 'research university bonds' means general obligation bonds of this State issued under the authority of and pursuant to the provisions of this chapter in order to defray the cost of research infrastructure projects.
Section 11-51-40. To obtain funds for allocation to the department for financing of infrastructure, there may be issued from time to time bonds under the conditions prescribed by this chapter.
Section 11-51-50. Pursuant to Article X, Section 13(6)(c) of the Constitution of this State, 1895, the General Assembly provides that the maximum annual debt service on general obligation bonds of the State, including economic development bonds and research university bonds, but excluding highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes, may not exceed five and one-half percent of the general revenues of the State for the fiscal year next preceding, excluding revenues that are authorized to be pledged for state highway bonds and state institution bonds. The State at any time must not have outstanding general obligation bonds, excluding economic development bonds and research university bonds, highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes, the maximum annual debt service on which exceeds five percent of the general revenues of the State for the fiscal year next preceding, excluding revenues that are authorized to be pledged for state highway bonds and state institution bonds.
Section 11-51-60. The maximum annual debt service on bonds issued pursuant to this chapter may not exceed one-half of one percent of the general revenues of this State for the fiscal year next preceding, excluding revenues which are authorized to be pledged for state highway bonds and state institution bonds.
Section 11-51-70. Before issuing economic development bonds, the department shall provide to the Joint Bond Review Committee and the State Budget and Control Board the following:
(1) a statement of the amount then required for allocation to the department to defray the costs of the proposed economic development infrastructure;
(2) a description of the economic development infrastructure for which the bonds are to be issued, including a certification by the secretary of the department that each economic development project to benefit from the expenditure of the proceeds of the economic development bonds consists of an economic development investment in the State of at least four hundred million dollars and at least four hundred new jobs;
(3) a tentative time schedule setting forth the period of time during which the sum requested is to be expended;
(4) a debt service table showing the annual principal and interest requirements for the state general economic development bonds and the state general obligation research university bonds then outstanding; and
(5) a statement of the total amount of the State general economic development bonds and the state general obligation research university bonds issued.
Section 11-51-80. (A) As a condition precedent to the issuance of research university bonds pursuant to the provisions of this chapter, the Research Centers of Excellence Review Board shall certify to the State Budget and Control Board that at least fifty percent of the cost of such research infrastructure project is being provided by private, federal, municipal, county or other local government sources. This portion of the cost may, in the discretion of the Research Centers of Excellence Review Board, be in the form of cash; cash equivalent; buildings including sale-lease back; gifts in kind including, but not limited to, land, roads, water and sewer, and maintenance of infrastructure; facilities and administration costs; equipment; or furnishings.
(B) Before the issuance of research university bonds, the Research Centers of Excellence Review Board shall provide to the Joint Bond Review Committee and the State Budget and Control Board the following:
(1) a description of the research infrastructure project for which research university bonds are requested to be issued;
(2) a certification by the Research Centers of Excellence Review Board that the provisions of subsection (A) have been met, that the source of funding has been identified, and that the research infrastructure project complies with the provisions of this chapter;
(3) the total cost of the research infrastructure project and the principal amount of the research university bonds requested to be issued;
(4) a tentative time schedule setting forth the period of time during which the proceeds of the research university bonds requested to be issued will be expended;
(5) a debt service schedule showing the annual principal and interest requirements, at a projected current rate of interest, on the requested research university bonds;
(6) the total amount of the state general obligation economic development and research university bonds issued pursuant to this chapter; and
(7) a debt service schedule showing the principal and interest requirements for the state general obligation economic development and research university bonds outstanding and the proposed research university bonds at a projected current rate of interest.
Section 11-51-90. Following the receipt of the notification presented either pursuant to Section 11-51-70 or Section 11-51-80 and after approval by the Joint Bond Review Committee, the State Budget and Control Board, by resolution duly adopted, shall effect the issue of economic development bonds and research university bonds, or pending the issue of the bonds, effect the issue of bond anticipation notes pursuant to Chapter 17 of this title.
Section 11-51-100. To effect the issuance of bonds, the State Budget and Control Board shall adopt a resolution providing for the issuance of economic development bonds and research university bonds pursuant to the provisions of this chapter. The authorizing resolution must include:
(1) a schedule showing the aggregate of bonds issued, the annual principal payments required to retire the bonds, and the interest on the bonds;
(2) the amount of bonds proposed to be issued;
(3) a schedule showing future annual principal requirements and estimated annual interest requirements on the bonds to be issued; and
(4) certificates evidencing that the provisions of Sections 11-51-50 and 11-51-60 of this chapter have been or will be met.
Section 11-51-110. The bonds must bear the date and mature at the time that the resolution provides, except that a bond may not mature more than thirty years from its date of issue. The bonds may be in the denominations, be payable in the medium of payment, be payable at the place and at the time, and be subject to redemption or repurchase and contain other provisions determined by the State Budget and Control Board before their issue. The bonds may bear interest payable at the times and at the rates determined by the State Budget and Control Board.
Section 11-51-120. Bonds issued pursuant to this chapter are exempt from taxation as provided in Section 12-2-50.
Section 11-51-130. Bonds issued pursuant to this chapter must be signed by the Governor and the State Treasurer and attested by the Secretary of State. The Governor, State Treasurer, and Secretary of State may sign these obligations by a facsimile of their signatures. The Great Seal of the State must be affixed to, impressed on, or reproduced upon each of them. The delivery of the bonds executed and authenticated is valid notwithstanding changes in officers or seal occurring after the execution or authentication.
Section 11-51-140. For the payment of the principal and interest on bonds issued and outstanding pursuant to this chapter there is
Section 11-51-150. Bonds must be sold by the Governor and the State Treasurer upon sealed proposals, after publication of a summary notice of the sale one or more times at least seven days before the sale, in a financial paper published in New York City which regularly publishes notices of sale of state or municipal bonds. The bonds may be awarded upon the terms and in the manner as prescribed by the State Treasurer. The right is reserved to reject bids and to readvertise the bonds for sale. For the purpose of bringing about successful sales of the bonds, the State Treasurer may do all things ordinarily and customarily done in connection with the sale of state or municipal bonds. Expenses incident to the sale of the bonds must be paid from the proceeds of the sale of the bonds.
Section 11-51-160. The proceeds of the sale of bonds must be received by the State Treasurer and applied by him to the purposes for which issued, except that the accrued interest, if any, may be used to discharge in part the first interest to become due on the bonds, and the premium, if any, must be used to discharge the payment of the first installment of principal to become due on the bonds, but the purchasers of the bonds are not liable for the proper application of the proceeds to the purposes for which they are intended.
Section 11-51-170. It is lawful for all executors, administrators, guardians, and other fiduciaries to invest monies in their hands in bonds issued pursuant to this chapter.
Section 11-51-180. The proceeds received from the issuance of bonds, after deducting the costs of issuance, must be expended only for the purpose of providing infrastructure or of defraying the cost of research infrastructure projects.
In the event a research infrastructure project is used for a purpose other than as approved in by the Research Centers for Excellence Review Board pursuant to Section 11-51-80(B)(2), the research university for which such research infrastructure project was originally established shall reimburse the State a percentage of debt service on the research university bonds issued to finance the debt, the percentage to be equal to the percentage of the research infrastructure project which is used for an unapproved purpose. Amounts reimbursed to the State
Rep. HARRELL explained the amendment.
Rep. HARRELL continued speaking.
Rep. SCOTT spoke against the amendment.
Rep. STILLE spoke against the amendment.
Rep. MCLEOD spoke against the amendment.
Rep. SCOTT spoke against the amendment.
The amendment was then adopted.
Rep. HARRELL proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\20541SD03), which was adopted:
Amend the bill, as and if amended, by striking Section 11-51-20(3) of the 1976 Code, as contained in SECTION 39 and inserting:
/ (3) In order to foster economic development within the State and the advancement of research projects at the research universities, as defined in Section 11-51-30, by providing the necessary funds to defray the costs of certain infrastructure and facilities, as defined in Section 11-51-30, it is in the best interests of the State that the limitation on general obligation debt imposed by Article X, Section 13(6)(c) be increased to five and one-half percent with the additional debt service capacity available at any time as a consequence of the increase available only for the repayment of general obligation bonds issued to provide infrastructure and facilities for:
(a) economic development within the State; and
(b) the advancement of the research universities;
and that a designated principal amount of general obligation bonds issued pursuant to the existing debt limit and the debt limit as increased
(B) With respect to the first four hundred fifty million dollars in principal amount of general obligation bonds issued after the effective date of this chapter within the debt service constraints set forth in subsection (A) above, the General Assembly provides additional constitutional authorization for such bonds pursuant to Article X, Section 13(5), of the Constitution of this State, 1895. /
Amend further, as and if amended, by striking Section 11-51-60 of the 1976 Code, as contained in SECTION 39, and inserting:
/ Section 11-51-60. At the time of issuance of economic development bonds and research university bonds pursuant to this chapter, the maximum annual debt service on such bonds outstanding or being issued must not exceed one-half of one percent of the general revenues of this State for the fiscal year next preceding, excluding revenues which are authorized to be pledged for state highway bonds and state institution bonds. /
Amend further, as and if amended, by adding after SECTION 39 appropriately numbered SECTIONS to read:
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. LIMEHOUSE proposed the following Amendment No. 3 (Doc Name COUNCIL\BBM\9776SL03), which was adopted:
Amend the bill, as and if amended, Section 11-35-710 as contained in SECTION 29, by adding subitem (g) at the end to read:
/ (g) the lease of the land from the research university to the third party does not involve the construction of a health care facility as defined in Section 44-7-130 that has not been approved by the South Carolina Budget and Control Board. /
Amend title to conform.
Rep. LIMEHOUSE explained the amendment.
The amendment was then adopted.
Rep. GOVAN proposed the following Amendment No. 4 (Doc Name COUNCIL\SWB\5383MM03), which was tabled:
Amend the bill, as and if amended, Section 59-155-20(A) as contained in SECTION 26, pages 3899-1 through 3899-2, by deleting Section 59-155-20(A) in its entirety and inserting:
/ (A) There is created the South Carolina Research Oversight Council. The council shall consist of eleven members. The membership of the council must be as follows:
(1) one at-large member to serve as chairman appointed by the Governor with the advice and consent of the Senate. To qualify for appointment, the member must have extensive experience in higher education and experience in economic development, business development, or research that results in economic or business development. This member must be appointed for a term of four years and may serve only one term as chairman;
(2) one at-large member appointed by the President Pro Tempore of the Senate. To qualify for appointment, the member must have extensive experience in higher education and experience in economic development, business development, or research that results in economic or business development. This member must be appointed to serve a term of four years and may not serve on the council for more than two consecutive terms;
(3) one at-large member appointed by the Speaker of the House of Representatives. To qualify for appointment, the member must have extensive experience in higher education and experience in economic development, business development, or research that results in economic or business development. This member must be appointed to serve a term of four years and shall not serve on the council for more than two consecutive terms;
(4) four members to serve ex officio to represent the research universities. These members shall consist of the Chairmen of the Board of Trustees of each research university. The term on the council for each respective Chairman of the Board of Trustees must be coterminous with his term as Chairman of the Board of Trustees;
(5) four members to serve ex officio, one appointed by the Governor, one appointed by the President Pro Tempore of the Senate, and one appointed by the Speaker of the House of Representatives. These four members must be appointed from the membership of the respective Board of Trustees of each research university on a rotating basis every four years. The initial appointments must be made as follows: the Governor appoints from the Board of the Medical University of South Carolina and South Carolina State University; the President Pro Tempore of the Senate appoints from the Board of the University of South Carolina, and the Speaker of the House of Representatives appoints from the Board of Clemson University. The second rotation of appointments is as follows: the Governor appoints from the Board of Clemson University; the President Pro Tempore of the Senate appoints from the Board of the Medical University of South Carolina and South Carolina State University; and the Speaker of the
(6) the Chairman of the Research Centers of Excellence Review Board, created in Section 2-75-10, to serve ex officio. /
Amend the bill further, Section 11-51-20(10) as found in SECTION 39, page 3899-6, line 32, by inserting after / Carolina, / the following: / South Carolina State University, /
Amend the bill further, Section 59-103-10 as found in SECTION 2, pages 3 through 5, by deleting Section 59-103-10 in its entirety and inserting:
/SECTION 2. Section 59-103-10 of the 1976 Code, as last amended by Act 359 of 1996, is further amended to read:
"Section 59-103-10. There is created the State Commission on Higher Education. The commission shall consist of fourteen eleven members appointed by the Governor. The membership must consist of one at-large member to serve as chairman, one representative from each of the six congressional districts, three members one additional member appointed from the State at-large at large, three two representatives of the public colleges and universities institutions of higher learning, and one representative of the independent colleges and universities private institutions of higher learning of South Carolina.
The membership of the Commission on Higher Education must be as follows:
(1) Nine Eight members, six to represent each of the congressional districts of this State appointed by the Governor upon the recommendation of a majority of the senators and a majority of the members of the House of Representatives comprising the legislative delegation from the district and three two members appointed from the State at-large at large upon the advice and consent of the Senate. Each representative of a congressional district must be a resident of the
If the boundaries of the congressional districts are changed, members serving on the commission shall continue to serve until the expiration of their current terms, but successors to members whose terms expire must be appointed from the newly defined congressional districts. If a congressional district is added, the commission must be enlarged to include a representative from that district.
(2) Three Two members to serve ex officio to represent the public colleges and universities appointed by the Governor with the advice and consent of the Senate. It shall is not be a conflict of interest for any a voting ex officio member to vote on matters pertaining to their his individual college or university. One member must be serving on the board of trustees of one of the public senior research institutions, one member must be serving on the board of trustees of one of the four-year public institutions of higher learning, and one member must be a member of one of the local area technical education commissions or the State Board for Technical and Comprehensive Education to represent the State Board for Technical and Comprehensive Education. These members must be appointed to serve terms of two years with terms to rotate among the institutions.
(3) One ex officio member to represent the independent colleges and universities private institutions of higher learning appointed by the Governor upon the advice and consent of the Senate. The individual appointed must be serving as a member of the Advisory Council of Private College Presidents. This member must be appointed for a term of two years and shall serve as a nonvoting member.
(4) One of the at-large member members to must serve as chairman appointed by the Governor with the advice and consent of the
The Governor, by his appointments, shall assure that various economic interests and minority groups, especially women and blacks, are fairly represented on the commission and shall attempt to assure that the graduates of no one public or private college or technical college are dominant on the commission. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. All members Members of the commission shall serve until their successors are appointed and qualify." /
Amend the bill further, Section 59-155-10 as found in SECTION 26, lines 17 through 21, by deleting the Section in its entirety and inserting:
/ Section 59-155-10. For purposes of this chapter only, 'research university' means:
(a) Clemson University;
(b) South Carolina State University;
(b)(c) the Medical University of South Carolina; and
(c)(d) the University of South Carolina - Columbia. /
Amend the bill further, Section 59-118-30(5) as found in SECTION 30, page 31, line 29, by inserting after / Columbia, / the following: / South Carolina State University /
Renumber sections to conform.
Amend title to conform.
Rep. GOVAN explained the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to by a division vote of 51 to 17.
Rep. STILLE proposed the following Amendment No. 5 (Doc Name COUNCIL\NBD\11637AC03), which was tabled:
Amend the bill, as and if amended, by deleting SECTION 41 and inserting:
/SECTION 41. There is created the South Carolina Research Study Committee which is composed of three members to be appointed by the Speaker, three members to be appointed by the President Pro Tempore of the Senate, and three members to be appointed by the Governor, one of whom the Governor shall appoint as chairman.
This committee shall study the concept and feasibility of restructuring the research duties and responsibilities as provided for in
Rep. STILLE explained the amendment.
Rep. SHEHEEN spoke in favor of the amendment.
Rep. HARRELL spoke against the amendment.
Rep. HARRELL moved to table the amendment.
Rep. STILLE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Bales Barfield Battle Bingham Branham G. Brown Cato Ceips Chellis Clark Clemmons Clyburn Cooper Cotty Davenport Duncan Edge Emory Freeman Hagood Harrell Harrison Harvin Haskins Hayes Herbkersman Hinson Jennings Keegan Kirsh Koon Leach Limehouse Littlejohn Loftis Lucas Mahaffey McCraw McGee Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Owens Perry Pinson M. A. Pitts Quinn Rhoad Rice Sandifer Simrill Sinclair Skelton D. C. Smith G. M. Smith J. E. Smith J. R. Smith Talley Thompson Tripp Trotter Umphlett White
Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Bowers Delleney Frye Govan Hosey Huggins Martin McLeod Ott E. H. Pitts Sheheen Stille Toole Townsend Walker Weeks
So, the amendment was tabled.
Rep. STILLE spoke against the Bill.
Rep. GOVAN spoke against the Bill.
Rep. COBB-HUNTER proposed the following Amendment No. 7 (Doc Name COUNCIL\BBM\9784SL03), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 59-103-5 of the 1976 Code is amended to read:
"Section 59-103-5. For purposes of this chapter only (1) 'public higher education' shall mean means state-supported education in the post-secondary field, including comprehensive and technical education; (2) 'public institution of higher learning' shall mean means any state-supported post-secondary educational institution, and shall include including technical and comprehensive educational institutions; and (3) 'private institution of higher learning' means any post-secondary educational institution that is not state supported."
SECTION 2. Section 59-103-10 of the 1976 Code, as last amended by Act 359 of 1996, is further amended to read:
"Section 59-103-10. There is created the State Commission on Higher Education. The commission shall consist of fourteen members appointed by the Governor. The membership must consist of one at-large member to serve as chairman, one representative from each of the six congressional districts, three members appointed from the State
The membership of the Commission on Higher Education must be as follows:
(1) Nine members, six to represent each of the congressional districts of this State appointed by the Governor upon the recommendation of a majority of the Senators and a majority of the members of the House of Representatives comprising the legislative delegation from the district and three members appointed from the State at-large at large upon the advice and consent of the Senate. Each representative of a congressional district must be a resident of the congressional district he represents. In order to qualify for appointment, the representatives from the congressional districts and those appointed at large must have experience in at least one of the following areas: business, the education of future leaders and teachers, management, or policy. A member representing the congressional districts or appointed at large must not have been, during the succeeding five years, a member of a governing body of a public institution of higher learning in this State and must not be employed or have immediate family members employed by any of the public colleges and universities of this State. These members must be appointed for terms of four years and shall not serve on the commission for more than two consecutive terms. However, the initial term of office for a member appointed from an even-numbered congressional district shall must be two years.
If the boundaries of the congressional districts are changed, members serving on the commission shall continue to serve until the expiration of their current terms, but successors to members whose terms expire must be appointed from the newly defined congressional districts. If a congressional district is added, the commission must be enlarged to include a representative from that district.
(2) Three members to serve ex officio to represent the public colleges and universities appointed by the Governor with the advice and consent of the Senate. It shall is not be a conflict of interest for any a voting ex officio member to vote on matters pertaining to their his individual college or university. One member must be serving on the board of trustees of one of the public senior research institutions, one member must be serving on the board of trustees of one of the four-year public institutions of higher learning, and one member must
(3) One ex officio member to represent the independent colleges and universities private institutions of higher learning appointed by the Governor upon the advice and consent of the Senate. The individual appointed must be serving as a member of the Advisory Council of Private College Presidents. This member must be appointed for a term of two years and shall serve as a nonvoting member.
(4) One at-large member to serve as chairman appointed by the Governor with the advice and consent of the Senate. This member must be appointed for a term of four years and may be reappointed for one additional term; however, he may serve only one term as chairman.
The Governor, by his appointments, shall assure that various economic interests and minority groups, especially women and blacks, are fairly represented on the commission and shall attempt to assure that the graduates of no one public or private college or technical college are dominant on the commission. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. All members Members of the commission shall serve until their successors are appointed and qualify."
SECTION 1. Section 59-103-15 of the 1976 Code, as last amended by Act 359 of 1996, is further amended to read:
"Section 59-103-15. (A)(1) The General Assembly has determined that the mission for higher education in South Carolina is to be a global leader in providing a coordinated, comprehensive system of excellence in education by providing instruction, research, and life-long learning opportunities which that are focused on economic development and benefit the State of South Carolina.
(2) The goals to be achieved through this mission are:
(a) high academic quality;
(b) affordable and accessible education;
(c) instructional excellence;
(d) coordination and cooperation with public education;
(e) cooperation among the General Assembly, Commission on Higher Education, Council of Presidents of State Institutions, institutions of higher learning, and the business community;
(f) economic growth;
(g) clearly defined missions.
(B) The General Assembly has determined that the primary mission or focus for each type of institution of higher learning or other post-secondary school in this State is as follows:
(1) Research institutions universities
(a) college-level baccalaureate education, master's, professional, and doctor of philosophy degrees which lead to continued education or employment;
(b) research through the use of government, corporate, nonprofit-organization grants, or state resources, or both;
(c) public service to the State and the local community;
(a) achieve eminence as a center of higher learning by providing instruction, research, and life-long learning opportunities which are focused on economic development and job creation and benefit the State of South Carolina;
(b) provide college-level baccalaureate education, master's, professional, and doctor of philosophy degrees which lead to continued education or employment;
(c) promote and conduct research through the use of government, corporate, nonprofit-organization grants, and/or state resources; and
(d) provide public service to the State and the local community.
(2) Four-year colleges and universities
(a) college-level baccalaureate education and selected master's degrees which lead to employment or continued education, or both, except for doctoral degrees currently being offered;
(b) limited and specialized research;
(c) public service to the State and the local community;
(3) Two-year institutions - branches of the University of South Carolina
(a) college-level pre-baccalaureate education necessary to confer associates degrees which lead to continued education at a four-year or research institution;
(b) public service to the State and the local community;
(4) State technical and comprehensive education system
(a) all post-secondary vocational, technical, and occupational diploma and associate degree programs leading directly to employment or maintenance of employment and associate degree programs which enable students to gain access to other post-secondary education;
(b) up-to-date and appropriate occupational and technical training for adults;
(c) special school programs that provide training for prospective employees for prospective and existing industry in order to enhance the economic development of South Carolina;
(d) public service to the State and the local community;
(e) continue to remain technical, vocational, or occupational colleges with a mission as stated in item (4) and primarily focused on technical education and the economic development of the State."
(C) The General Assembly has determined that the goals to be achieved by each research university through the mission as stated in 59-103-15(1) are to:
(1) offer instruction of the highest quality to undergraduates and graduates from all walks of life;
(2) educate men and women for the professions in certain undergraduate and in graduate programs leading to degrees in the respective profession;
(3) secure research dollars from external sources, including federal, state, local, and private grants;
(4) engage in research and provide innovative leadership in applicable professions;
(5) lead in the advancement and application of knowledge through graduate study, research, and the management and transfer of intellectual property and to disseminate the results among scholars and the general public;
(6) attract and retain eminent faculty in order to provide the highest quality of instruction and leadership in research;
(7) seek the most able and promising students, within the State and without;
(8) utilize research in a manner to promote economic growth and development and create jobs in the State of South Carolina and the nation;
(9) strive for diversity in the student body and in the faculty and to promote international exchange of scholars and students;
(10) provide for students and faculty an atmosphere conducive to fellowship and understanding and to their constructive participation in the affairs of each research university and the community at large;
(11) expand educational opportunities for persons with special challenges such as minority status, physical disability, ethnic heritage, or insufficient financial resources;
(12) offer to the local community, the State of South Carolina and the nation the various kinds of public service and intellectual and cultural activities which are consonant with the purposes of each of the research universities;
(13) provide continuing education programs of the highest quality to the State and the nation;
(14) cooperate with and assist other colleges, educational institutions, and agencies, especially in South Carolina, by making available to them the facilities of the research universities and the experience and counsel of its members so as to contribute to education in the State and beyond; and
(15) establish new programs, schools, and degrees, and to undertake such research as the needs of the State and the nation may require.
SECTION 4. Section 59-103-20 of the 1976 Code, as last amended by Act 359 of 1996, is further amended to read.
"Section 59-103-20. The commission shall meet regularly and shall have the authority and responsibility for a coordinated, efficient, and responsive public higher education system in this State consistent with the missions of each type of institution as stipulated in Section 59-103-15. In meeting this responsibility and in performing its duties and functions, the commission shall coordinate and collaborate at a minimum with the Council of Presidents of State Institutions, the council of board chairs of the various public institutions of higher learning, and the business community. The commission also is charged with examining the state's public institutions of higher learning relative to both short and long-range programs and missions which include:
(a) the role of state-supported public higher education in serving the needs of the State and the roles and participation of the individual public institutions of higher learning in the statewide program;
(b) enrollment trends, student costs, business management practices, accounting methods, operating results and needs, and capital fund requirements;
(c) the administrative setup and curriculum offerings of the several public institutions of higher learning and of the various departments, schools, institutes, and services within each institution these institutions and the respective relationships to the services and offerings of other public institutions of higher learning;
(d) areas of state-level coordination and cooperation with the objective of reducing duplication, increasing effectiveness, and
(e) efforts to promote a clearer understanding and greater unity and good will among all public institutions of higher learning, both public and private institutions of higher learning, in the interest of serving the educational needs of the people of South Carolina on a statewide level."
SECTION 5. Section 59-103-25 of the 1976 Code is amended to read:
"Section 59-103-25. The commission shall compile and publish legislation applicable to it so that the relationships among the commission, the governing bodies of public institutions of higher education learning, the General Assembly, and the executive branches of government may be more clearly established and understood.
The commission shall create from among its membership such standing committees as it may deem considers necessary. The creation of the committees and their duties shall must be prescribed by a two-thirds vote of the membership of the commission. Special committees may be created and their duties prescribed by a majority vote of the membership of the commission."
SECTION 6. Section 59-103-30 of the 1976 Code, as added by Act 359 of 1996, is amended to read:
"Section 59-103-30. (A) The General Assembly has determined that the critical success factors, in priority order, for academic quality in the several public institutions of higher learning in this State are as follows:
(1) Mission Focus;
(2) Quality of Faculty;
(3) Classroom Quality;
(4) Institutional Cooperation and Collaboration;
(5) Administrative Efficiency;
(6) Entrance Requirements;
(7) Graduates' Achievements;
(8) User-Friendliness of the Institution;
(9) Research Funding.
(B) The General Assembly has determined that whether or not an a public institution of higher learning embodies these critical success factors can be measured by the following performance indicators as reflected under the critical success factors below:
(1) Mission Focus
(a) expenditure of funds to achieve institutional mission;
(b) curricula offered to achieve mission;
(c) approval of a mission statement;
(d) adoption of a strategic plan to support the mission statement;
(e) attainment of goals of the strategic plan.
(2) Quality of Faculty
(a) academic and other credentials of professors and instructors;
(b) performance review system for faculty to include student and peer evaluations;
(c) post-tenure review for tenured faculty;
(d) compensation of faculty;
(e) availability of faculty to students outside the classroom;
(f) community and public service activities of faculty for which no extra compensation is paid.
(3) Instructional Quality
(a) class sizes and student/teacher ratios;
(b) number of credit hours taught by faculty;
(c) ratio of full-time faculty as compared to other full-time employees;
(d) accreditation of degree-granting programs;
(e) institutional emphasis on quality teacher education and reform.
(4) Institutional Cooperation and Collaboration
(a) sharing and use of technology, programs, equipment, supplies, and source matter experts within the institution, with other institutions, and with the business community;
(b) cooperation and collaboration with private industry.
(5) Administrative Efficiency
(a) percentage of administrative costs as compared to academic costs;
(b) use of best management practices;
(c) elimination of unjustified duplication of and waste in administrative and academic programs;
(d) amount of general overhead costs.
(6) Entrance Requirements
(a) SAT and ACT scores of student body;
(b) high school class standing, grade point averages, and activities of student body;
(c) post-secondary nonacademic achievements of student body;
(d) priority on enrolling in-state residents.
(7) Graduates' Achievements
(a) graduation rate;
(b) employment rate for graduates;
(c) employer feedback on graduates who were employed or not employed;
(d) scores of graduates on post-undergraduate professional, graduate, or employment-related examinations and certification tests;
(e) number of graduates who continued their education;
(f) credit hours earned of graduates.
(8) User-Friendliness of Institution
(a) transferability of credits to and from the institution;
(b) continuing education programs for graduates and others;
(c) accessibility to the institution of all citizens of the State.
(9) Research Funding
(a) financial support for reform in teacher education;
(b) amount of public and private sector grants.
(C) The commission, when using the critical success factors for the purpose of funding recommendations for public institutions of higher learning, is required to use objective, measurable criteria.
(D) Critical success factors developed and used for the purpose of funding recommendations shall must be those which are directly related to the missions of the particular type of public institution of higher learning as outlined in Section 59-103-15(B) and not those factors which are not relevant to the success factors of the particular type of public institution of higher learning."
SECTION 7. Section 59-103-35 of the 1976 Code, as last amended by Act 359 of 1996, is further amended to read:
"Section 59-103-35. (A) All public Public institutions of higher learning shall submit annual budget requests to the commission in the manner set forth in this section. The State Board for Technical and Comprehensive Education shall submit an annual budget request to the commission representing the total requests of all area-wide technical and comprehensive educational institutions. The budget submitted by each public institution of higher learning and the State Board for Technical and Comprehensive Education must include all state funds, federal grants, tuition, and fees other than funds derived wholly from athletic or other student contests, from the activities of student organizations, from approved private practice plans, and from the operation of canteens and bookstores which may be retained by the these institutions and be used as determined by the respective
(B) Supplemental appropriations requests from any a public institution of higher education learning must be submitted first to the commission. If the commission does not concur in the requests, the affected public institution of higher learning may request a hearing on the requests before the appropriate committee of the General Assembly. The commission may appear at the hearing and present its own recommendations and findings to the same committee. The provisions of this paragraph do not apply to any a capital improvement projects project funded in whole or in part prior to before July 30, 1996.
(C) No A new program may must not be undertaken by any a public institution of higher education learning without the approval of the commission. The provisions of this chapter apply to all college parallel, transferable, and associate degree programs of technical and comprehensive education institutions. All other Other programs and offerings of technical and comprehensive education institutions are excluded from this chapter."
SECTION 8. Section 59-103-36 of the 1976 Code is amended to read:
"Section 59-103-36. Military students in the senior colleges and universities of this State shall must be included in the count of full-time equivalent students for the purpose of determining the appropriation of each public institution of higher learning. The Commission on Higher Education and the Budget and Control Board may make whatever audit adjustments are necessary to carry out this intent."
SECTION 9. Section 59-103-40 of the 1976 Code is amended to read:
"Section 59-103-40. The Commission shall establish There is established a council of presidents consisting of the presidents of the State public institutions of higher learning. The council of presidents shall appoint a chairman and such other officers and committees as it
(a) academic planning,
(b) business and financial coordination,
(c) library utilization and coordination.
SECTION 10. Section 59-103-45 of the 1976 Code, as last amended by Act 359 of 1996, is further amended to read:
"Section 59-103-45. In addition to the powers, duties, and functions of the Commission on Higher Education as provided by law, the commission, notwithstanding any other another provision of law to the contrary, shall have the following additional duties and functions with regard to the various public institutions of higher education learning :
(1) establish procedures for the transferability of courses at the undergraduate level between two-year and four-year institutions or schools;
(2) coordinate with the State Board of Education in the approval of secondary education courses for the purpose of determining minimum college entrance requirements, and define minimum academic expectations for prospective post-secondary students, communicate these expectations to the State Board of Education, and work with the state board to ensure these expectations are met;
(3) review minimum undergraduate admissions standards for in-state and out-of-state students;
(4)(a) develop standards for determining how well an a public institution of higher learning has met or achieved the performance indicators for quality academic success as enumerated in Section 59-103-30, and develop mechanisms for measuring the standards of achievement of particular public institutions of higher learning. These standards and measurement mechanisms shall must be developed in consultation and cooperation with, at a minimum but not limited to, the Council of Presidents of State Institutions, the chairmen of the governing boards of the various public institutions of higher learning and the business community;
(b) base the public higher education funding formula in part on the achievement of the standards set for these performance indicators including base-line funding for public institutions of higher learning
(c) promulgate regulations to implement the provisions of subitems (a) and (b) above and submit such these regulations to the General Assembly for its review pursuant to the Administrative Procedures Act not later than the beginning of the 1997 Session of the General Assembly.;
(d) develop a public higher education funding formula based entirely on an institution's achievement of the standards set for these performance indicators, this formula to be used beginning July 1, 1999. This new funding formula also must be contained in regulations promulgated by the commission and submitted to the General Assembly for its review in accordance with the Administrative Procedures Act;
(5) reduce, expand, or consolidate any a public institution of higher learning including those which do one that does not meet the standards of achievement in regard to the performance indicators for quality academic success enumerated in Section 59-103-30, and beginning July 1, 1999, close any a public institution of higher learning which that does not meet the standards of achievement in regard to the performance indicators for quality academic success enumerated in Section 59-103-30. The process to be followed for the closure, reduction, expansion, or consolidation of an a public institution of higher learning under this item (5) shall be is as promulgated in regulations of the commission which shall must be submitted to and approved by the General Assembly;
(6) review and approve each institutional mission statement to ensure it is within the overall mission of that particular type of public institution of higher learning as stipulated by Section 59-103-15 and is within the overall mission of the State;
(7) ensure access and equity opportunities at each public institution of higher learning for all the citizens of this State regardless of race, gender, color, creed, or national origin within the parameters provided by law."
SECTION 11. Section 59-103-60 of the 1976 Code, as last amended by Act 359 of 1996, is further amended to read:
"Section 59-103-60. The commission shall make such recommendations to the Governor's Office and the General Assembly as to policies, programs, curricula, facilities, administration, and financing of all state-supported public institutions of higher learning as may be considered desirable. The House Ways and Means Committee, the Senate Finance Committee, and the State Budget and Control Board may refer to the commission for investigation, study, and report any requests of public institutions of higher learning for new or additional appropriations for operating and for other purposes and for the establishment of new or expanded programs."
SECTION 12. Section 59-103-65 of the 1976 Code, as added by Act 359 of 1996, is amended to read:
"Section 59-103-65. If an a public institution of higher learning beginning July 1, 1999, is closed by the commission, the institution shall must be treated as a terminated agency under Section 1-20-30 and as such must be terminated in the manner provided therein. However, any remaining funds shall not revert to the general fund as provided in Section 1-20-30 but instead shall must be reallocated to public higher education funding through use of the public higher education funding formula in the manner the commission shall provide."
SECTION 13. Section 59-103-70 of the 1976 Code is amended to read:
"Section 59-103-70. The commission shall make reports to the Governor and the General Assembly at least annually on the status and progress of public higher education in the State, with such appropriate recommendations as may be appropriate."
SECTION 14. Section 59-103-90 of the 1976 Code, as last amended by Act 137 of 1995, is further amended to read:
"Section 59-103-90. (A) An executive director must be appointed by the commission to manage and carry out the duties of the commission as prescribed by law and assigned by the commission. The executive director is not subject to the State Employee Grievance Procedure Act of 1982 and may be dismissed without cause.
(B) A professional staff complement shall must be established by the executive director who shall ensure that there are persons on the staff who have the professional competence and experience to carry out the duties assigned and to ensure that there are persons on the staff who are familiar with the problems and capabilities of all of the principal types of state-supported public institutions of higher learning in the State. Provision shall must be made for persons of high competence and strong professional experience in the areas of academic affairs,
"Section 59-103-130. The Commission on Higher Education shall adopt guidelines whereby so that the publicly supported colleges and universities public institutions of higher learning of this State and research universities shall emphasize teaching as a career opportunity and provide students interested in a teaching career with opportunities to tutor other students."
SECTION 16. Section 59-103-140 of the 1976 Code is amended to read:
"Section 59-103-140. The Commission on Higher Education, in consultation with the State Board of Education, may contract with selected public or institutions of higher learning, private institutions of higher learning, colleges and universities, or groupings of such these institutions, to provide centers of excellence in programs designed to train teachers. The commission shall devise guidelines and procedures by which institutions, or groups of institutions, may apply for such these contracts by the commission. Such These guidelines and procedures shall must include participation by local schools or school districts in such the programs as may be appropriate. Funds for implementing this activity shall must be appropriated annually to the Commission on Higher Education which, in consultation with the State Board of Education, shall monitor the performance of participating institutions and may or may not elect to renew such the contracts to any an original college or university."
SECTION 17. Section 59-103-150 of the 1976 Code is amended to read:
"Section 59-103-150. (A) As long as there is no impact on state appropriations and subject to approval by the governing body of the public institution of higher education learning, the institution may implement an early retirement plan for its faculty to accomplish the following objectives:
(1) reallocate institutional resources;
(2) provide an equitable method to increase the flexibility of the institution to effect cost-saving measures;
(3) foster intellectual renewal;
(4) provide increased opportunities for promotion of a younger faculty;
(5) improve the opportunity to recruit qualified women and minorities.
(B) An early retirement plan may include provisions for institutions to pay:
(1) actuarial costs required by Sections 9-1-1850 and 9-11-60;
(2) health, dental, and life insurance costs;
(3) incentive payments;
(4) the costs of single premium annuity plans to provide supplemental benefits."
SECTION 18. Section 59-103-160 of the 1976 Code, as added by Act 27 of 1991, is amended to read:
"Section 59-103-160. (A) This section may be cited as the English Fluency in Higher Learning Act.
(B) The following words and phrases when used in this section have the meanings given to them unless the context clearly indicates otherwise: 'Instructional faculty' means every each member of a public institution of higher learning whose first language is not English, other than visiting faculty but including graduate teaching assistants, who teaches one or more undergraduate credit courses at a campus of that institution within this State except:
(1) courses that are designed to be taught predominately in a foreign language;
(2) student participatory and activity courses such as clinics, studios, and seminars;
(3) special arrangement courses such as individualized instruction and independent study courses; and
(4) continuing education courses.
(C) Each public institution of higher learning shall establish policies to:
(1) ensure that the instructional faculty whose second language is English possess adequate proficiency in both the written and spoken English language. Student and faculty input is required in establishing these policies.
(2) provide students with a grievance procedure regarding an instructor who is not able to write or speak the English language.
(D)(1) Each public institution of higher learning must submit its policy or amendments to the Commission on Higher Education within six months from the effective date of this section. Any amendments Amendments to the policy must be promptly forwarded to the commission. The commission shall notify the chairmen of the Senate and House Education Committees of those institutions not submitting plans and any an amendment to the commission.
(2) Each public institution of higher learning must report annually to the Commission on Higher Education and the chairmen of the Senate and House of Representatives Education Committees grievances filed by students under the requirement of pursuant to subsection (C)(2) and the disposition of those grievances."
SECTION 19. Section 59-103-165 of the 1976 Code, as added by Act 271 of 1992, is amended to read:
"Section 59-103-165. The Commission on Higher Education is directed to work with the state's public institutions of higher education learning and private institutions of higher education which learning that wish to participate, to develop information packages for eighth grade students and their parents on the options of post-secondary education available in South Carolina, the courses required to attend colleges and universities, and the financial requirements and assistance available for students pursuing additional education after high school.
During 1991-92, the commission shall develop the information packages, and to the extent that funds are appropriated by the General Assembly, pilot-test the program in a number of school districts. The commission shall report to the Senate Education Committee and the Education and Public Works Committee of the House on the pilot-testing."
SECTION 20. Section 59-103-170 of the 1976 Code, as added by Act 271 of 1992, is amended to read:
"Section 59-103-170. (A) After pilot-testing, the Commission on Higher Education shall work with this state's public institutions of higher education learning and private higher education institutions of higher learning wishing to participate, to provide annually for the State's eighth grade students and their parents or guardians small group and one-on-one counseling on required high school courses and post-secondary options, financial requirements, and assistance available for a post-secondary education. These sessions must be held at each of the State's public schools which house an eighth grade class. The counseling may be provided during a week declared to be
"Section 59-103-180. The State Board of Education, the State Department of Education and the State's public school districts and schools shall cooperate with the Commission on Higher Education, and the public and private institutions of higher education learning in providing the counseling and shall assist in any manner considered appropriate by them. The schools shall make special efforts to ensure that as many students and parents or guardians as possible are made aware of the opportunity, are urged to attend the sessions, and receive the information."
SECTION 22. Section 59-103-190 of the 1976 Code, as added by Act 271 of 1992, is amended to read:
"Section 59-103-190. The businesses and industries of this State are requested to provide the opportunity to their employees with children in the eighth grade to attend the counseling sessions and to cooperate with institutions of higher education learning in presenting at the worksite small group and one-on-one counseling on required high school courses, post-secondary options, financial requirements, and assistance for post-secondary education."
SECTION 23. Section 59-103-195 of the 1976 Code, as added by Act 1 of 1999, is amended to read:
"Section 59-103-195. The State Commission on Higher Education shall have has review authority in order to determine the legitimacy and appropriateness of the tasting requirements pursuant to Sections 20-7-8920 and 20-7-8925. The commission shall also shall establish reasonable rules and restrictions through regulation, as appropriate, with regard to any a proposed course of instruction in the culinary arts which any a private or public institution of higher learning or research university desires to offer to students under twenty-one years of age in which the tasting of beer, ale, porter, wine, or other similar malt or fermented beverage or alcoholic liquor is required. Unless approved by the commission, no such this course and no a student under twenty-one years of age enrolled in such this course shall does not qualify for the exceptions provided under Sections 20-7-8920, 20-7-8925, 61-6-4070, or 61-4-90. A course of instruction on
"Section 59-103-220. The Commission on Higher Education, the State Board for Technical and Comprehensive Education and public and private institutions of higher learning including comprehensive and technical education shall cooperate and collaborate to better educate and serve the citizens of South Carolina and the nation, while also recognizing the unique roles of each entity."
Section 59-103-240. A research university may spend federal and other nonstate appropriated sources of revenue to provide lump-sum bonuses at levels outlined in a plan approved by the governing body of the respective research university and according to guidelines established in the plan. The research university must maintain documentation to show that the use of federal funds for this purpose is in compliance with federal law. This payment is not a part of the employee's base salary and is not earnable compensation for purposes of employee and employer contributions to the respective retirement systems.
Section 59-103-250. A research university may offer educational fee waivers to no more than four percent of the total student body.
Section 59-103-260. Notwithstanding another provision of law, and in recognition and support of the opportunities for economic development presented through the expansion of research activities, a research university may establish research grant positions funded by federal grants, public charity grants, private foundation grants, research grants, medical school practice plans, individual private gifts, externally generated revenue for service or testing activities, and grant generated revenue or a combination of these, without regard to the authorized number of full-time equivalency (FTE) positions allocated to the research university, provided that:
(1) state funds must not be used to fund any portion of research grant positions. FTE positions funded solely or partially by state or other funding sources shall remain subject to the number of FTE positions authorized for each research university;
(2) research grant positions shall not occupy FTE positions;
(3) research grant positions may be established using other funds during the proposal development or pre-award stages of grant funding in anticipation of specific grant or project funding;
(4) research grant positions may be established for multiple years; however, research grant positions are limited to and may not exist beyond the duration of the funding for the project or grant or any subsequent renewal. At the discretion of the research university other funds may be used to fund continued employment between the expiration of one grant and the subsequent renewal of the same or similar grant or the award of an additional grant. When funding for the project or grant ends or is insufficient to continue payments under the conditions of the project or grant, research grant employees must be terminated and such positions shall cease to exist. Research grant employees are exempt from the provisions of Sections 8-17-310 through 8-17-380;
(5) persons occupying research grant positions may be eligible for all benefits, not to exceed those benefits available to covered state employees, provided that funds are available within the grant or project or by use of grant-generated revenue;
(6) persons occupying research grant positions are employed at-will and do not have grievance rights afforded to covered state employees or faculty of the respective research university. Research grant employees are not entitled to compensation beyond the date of termination, other than for the part of the project or grant that has been performed; and
(7) discretionary determinations by a research university as to whether to hire an employee pursuant to this section are final and not subject to administrative or judicial appeal.
Section 59-103-270. A research university may offer and fund, from any source of revenue, health insurance to full-time graduate assistants according to a plan approved by the governing body of the respective research university."
Section 59-103-280. A joint legislative committee to study the governance structure of higher education in South Carolina is established as follows:
(1) Four members of the committee shall be appointed by the Speaker of the House of Representatives from that body and four members shall be appointed by the President Pro Tempore of the Senate from that body. Four members of the committee shall be appointed by the Governor. Four additional members shall be appointed by the Governor from the state's public higher education sectors including: one of whom must be a member of the Commission on Higher Education, one of whom must be an institutional representative of the research universities, one of whom must be an
(2) The committee shall:
(a) conduct a comprehensive review of the governance structure of higher education in South Carolina;
(b) examine.
(i) the issues surrounding appropriate governance for the state's public institutions of higher learning (research universities, four-year comprehensive teaching universities, two-year branches of the University of South Carolina, and technical colleges) that will best provide and promote the education of the state's citizenry and economic development in benefit to the state.
(ii) any other matters the committee considers necessary or appropriate relevant to the structure of higher education in South Carolina.
(3) The Commission on Higher Education, the staff of the public institutions of higher education and legislative staff shall cooperate fully with the committee including providing staff support and other in-kind resources as requested by the committee.
(4) The committee shall conclude its work and issue its final report by January 15, 2004. The final report shall be submitted to the Governor, House Education and Public Works Committee and the Senate Education Committee. Upon submission of its final report, the committee shall be dissolved.
(5) Members of the committee shall receive the usual mileage, subsistence, and per diem paid by law to members of the General Assembly to be paid from approved accounts of the appointing bodies.
SECTION 25. Section 11-35-710 of the 1976 Code as last amended by Act 264 of 2000, is further amended by adding an appropriately numbered item at the end:
"( ) The construction of a facility on land owned or occupied by a research university, as defined in Section 11-51-30 and 59-103-15, where the land is under an initial lease to a third party for a term of at least fifteen but not more than forty years, provided that:
(a) the third party is not a foundation or eleemosynary organization affiliated with the research universities;
(b) the lease of the land from the research university to the third party complies with the State Leasing Procedures of the South Carolina Budget and Control Board;
(c) public funds are not used in the construction of the facility;
(d) there is no obligation on the research university to lease space in the facility;
(e) if the research university decides to lease space in the facility, the lease of space complies with the State Leasing Procedures of the South Carolina Budget and Control Board; and
(f) at or before the end of the term of the land lease, and at the discretion of the research university with approval of the South Carolina Budget and Control Board, construction on the land will be turned over to the research university or the land restored to a developable condition."
"( ) Construction of a facility under the provisions of this section is not subject to review and approval by the Commission on Higher Education.
SECTION 26. Title 11 of the 1976 Code is amended by adding:
Section 11-51-10. This chapter may be cited as the 'State General Obligation Economic Development and Research University Bond Act'.
Section 11-51-20. As incident to this chapter, the General Assembly finds that:
(1) Article X, Section 13, subsection (5) of the Constitution of this State, 1895, authorizes the General Assembly to authorize general obligation debt by two-thirds vote of the members of each House of the General Assembly, subject to such conditions or restrictions limiting the incurring of such indebtedness contained in the authorization to incur such indebtedness, and the provisions of Article X, Section 13, subsection (3) of the Constitution of this State.
(2) Facility and infrastructure constraints prevent the advancement of research projects at Research Universities as well as restrict the ability of the Research Universities to retain faculty and generate research dollars. A dedicated source of funds to repay general obligation debt authorized pursuant to this chapter would provide a consistent funding stream for capital improvements at the Research Universities and allow for improved planning of capital expenditures to meet the mission of the Research Universities.
(3) In order to advance economic development within the State and create a knowledge based economy, thereby increasing job opportunities, and to facilitate and increase research and economic development within the State, it is in the interest of the State that, pursuant to Article X, Section 13, subsection (5) of the Constitution of this State, the General Assembly authorizes the issuance of general obligation debt of the State, subject to the restrictions and limitations contained herein.
Section 11-51-30. As used in this chapter:
(1) 'Department' means the State Department of Commerce.
(2) 'Research Centers of Excellence Review Board' means the board created pursuant to Section 2-75-10.
(3) 'Economic development infrastructure' must relate specifically to the economic development project and means:
(a) land acquisition;
(b) site preparation;
(c) road and highway improvements;
(d) rail spur construction;
(e) water service;
(f) wastewater treatment;
(g) employee training which may include equipment used for such purpose;
(h) environmental mitigation; and
(i) training and research facilities and the necessary equipment for them.
(4) 'Economic development investment' means money expended by the sponsor on capital assets directly related to the economic development project and does not include amounts expended in aid of the project by the State pursuant to this chapter or otherwise, or amounts expended in aid of the project by a county, municipality, or a special purpose district, however financed.
(5) 'Economic development project' means a project as defined in Section 12-44-30(16) in which a total of at least four hundred million dollars is invested by the sponsor and at least four hundred new jobs are created at the project by the sponsor. To qualify as an economic development project for purposes of this chapter, the investment and job creation requirements must be attained no later than the eighth year after the project first begins operations.
(6) 'Facilities and administration costs' means depreciation and use allowances, interest on debt associated with buildings, equipment and capital improvements, operation and maintenance expenses, library
(7) 'New job' means a full-time job created in this State at an economic development project. The term does not include a job created when an employee is shifted from an existing location in this State to a new or expanded facility whether the transferred job is from, or to, a project of the sponsor or a related person. A related person includes an entity or a person that bears a relationship to the sponsor as described in Section 267 of the Internal Revenue Code of 1986. Full time means a job requiring a minimum of thirty-five hours of an employee's time a week for the entire normal year of sponsor operations or a job requiring a minimum of thirty-five hours of an employee's time a week for a year if the employee was hired initially for or transferred to the project. Two half-time jobs are considered one full-time job. A half-time job is a job requiring a minimum of twenty hours of an employee's time a week otherwise meeting the full-time job requirements.
(8) 'Research infrastructure project' means a project that would advance economic development and create a knowledge based economy, thereby increasing job opportunities, or facilitate and increase externally funded research at the Research Universities including, but not limited to, land acquisition, acquisition or construction of buildings, equipment, furnishings, site preparation, road and highway improvements, water and sewer infrastructure, and other things necessary or convenient to advance economic development or to facilitate and increase research at the Research Universities.
(9) 'Research Universities' means Clemson University, the Medical University of South Carolina, and the University of South Carolina - Columbia.
(10) 'Sponsor' means a sole proprietor, partnership, corporation of a classification, limited liability company, or association taxable as a business entity or a combination of these entities.
(11) 'State Board' means the South Carolina State Budget and Control Board.
(12) 'State general obligation economic development and research university bonds' or 'economic development bonds' or 'research university bonds' or 'bonds' means general obligation bonds, notes and other evidences of indebtedness of this State issued under the authority of and pursuant to the provisions of this chapter and secured in whole
Section 11-51-40. To obtain funds for allocation to the department for financing of economic development infrastructure and for allocation to the Research Universities for the financing of research infrastructure projects, there may be issued from time to time state general obligation economic development and research university bonds under the conditions prescribed by this chapter.
Section 11-51-50. Pursuant to the provisions of Article X, Section 13, subsection (5) of the Constitution of the State of South Carolina, 1895, the General Assembly authorizes the issuance of state general obligation economic development and research university bonds of the State for the purpose of providing economic development infrastructure and research infrastructure projects; provided, however, that the maximum annual debt service on the state general obligation economic development and research university bonds does not exceed one-half of one percent of the general fund revenues of the State for the fiscal year next preceding, excluding revenues that are authorized to be pledged for State Highway Bonds and State Institution Bonds.
Section 11-51-60. Before issuing state general obligation economic development and research university bonds for economic development infrastructure, the department shall notify the Joint Bond Review Committee and the State Budget and Control Board of the following:
(1) the amount then required for allocation to the department to defray the costs of the proposed economic development infrastructure;
(2) a description of the economic development infrastructure for which the bonds are to be issued, including a certification by the secretary of the department that each economic development project to benefit from the expenditure of the proceeds of the bonds consists of an investment in the State of not less than four hundred million dollars and creates no fewer than four hundred new jobs;
(3) a tentative time schedule setting forth the period of time during which the sum requested is to be expended;
(4) a debt service table showing the annual principal and interest requirements for outstanding state general obligation economic development and research university bonds; and
(5) the total amount of state general obligation economic development and research university bonds issued.
Section 11-51-70. (A) The authority to issue state general obligation economic development and research university bonds
(B) In the event the research infrastructure projects authorized and provided for pursuant to the provisions of this chapter are utilized for purposes other than those purposes originally authorized, the Research University utilizing such research infrastructure project will be required to assume responsibility for and pay the remaining debt service on the research university bonds issued for such original purpose.
(C) As a condition precedent to the issuance of research university bonds pursuant to the provisions of this chapter, the Research Centers of Excellence Review Board must certify to the State Board that at least fifty percent of the cost of the research infrastructure project is being provided by private, federal, municipal, county, or other local government sources. This portion of the cost, in the discretion of the Research Centers of Excellence Review Board, may be in the form of cash, cash equivalent, buildings including sale-leaseback, gifts in kind including but not limited to land, roads, water and sewer, and maintenance of infrastructure, facilities and administration costs, equipment, or furnishings.
(D) Before the issuance of research university bonds, the Research Centers of Excellence Review Board shall provide the State Board and the Joint Bond Review Committee with notification of the following:
(1) a description of the research infrastructure project for which research university bonds are requested to be issued;
(2) a certification by the Research Centers of Excellence Review Board that the provisions of subsection (C) have been met, that the source of funding has been identified, and that the research infrastructure project complies with the provisions of this chapter;
(3) the total cost of the research infrastructure project and the principal amount of the research university bonds requested to be issued;
(4) a tentative time schedule setting forth the period of time during which the proceeds of such research university bonds requested to be issued will be expended;
(5) a debt service schedule showing the annual principal and interest requirements, at a projected current rate of interest, on the requested research university bonds;
(6) the total amount of state general obligation economic development and research university bonds issued pursuant to this chapter; and
(7) a debt service schedule showing the principal and interest requirements for state general obligation economic development and research university bonds outstanding and the proposed research university bonds at a projected current rate of interest.
(E) The principal amount of the research university bonds must be issued to each of the Research Universities on a competitive basis by the Research Centers of Excellence Review Board.
Section 11-51-80. Following the receipt of the notification presented pursuant to either Section 11-51-60 or Section 11-51-70, and after approval by the Joint Bond Review Committee, the State Board, by resolution duly adopted, shall effect the issuance of the bonds, or pending the issue of the bonds, effect the issuance of bond anticipation notes pursuant to Chapter 17 of this title.
Section 11-51-90. To effect the issuance of bonds, the State Board shall adopt a resolution providing for the issuance of state general obligation economic development and research university bonds. The authorizing resolution must include:
(1) a determination by the State Board that the issuance of the proposed bonds will not cause a withdrawal or reduction of the state's credit ratings;
(2) a schedule showing the aggregate principal amount of state general obligation economic development and research university bonds issued, the annual principal and interest payments required to retire the bonds;
(3) the principal amount of bonds requested to be issued;
(4) a schedule showing future annual principal requirements and estimated annual interest requirements at a projected current rate of interest on the bonds to be issued;
(5) if applicable, a certificate evidencing that the provisions of Section 11-51-70(C) of this chapter have been or will be met; and
(6) a certificate of the State Auditor as to the general fund revenues of the State for the fiscal year next preceding, excluding revenues pledged to the payment of State Highway Bonds and State Institution Bonds.
Section 11-51-100. The bonds must bear the date and mature at the time that the State Board resolution provides, except that a bond may not mature more than thirty years from its date of issue. The bonds may be in the denominations, be payable in the medium of payment, be
Section 11-51-110. Bonds issued pursuant to this chapter are exempt from taxation as provided in Section 12-2-50.
Section 11-51-120. Bonds issued pursuant to this chapter must be signed by the Governor and the State Treasurer. The Governor and State Treasurer may sign these obligations by a facsimile of their signatures. The Great Seal of the State must be affixed to, impressed on, or reproduced upon each bond and each bond must be attested by the Secretary of State. The delivery of the bonds executed and authenticated is valid notwithstanding changes in officers or seal occurring after the execution or authentication.
Section 11-51-130. For the payment of the principal of and interest on bonds issued and outstanding pursuant to this chapter there is pledged the full faith, credit, and taxing power of this State, and in accordance with the provisions of Section 13(4), Article X of the Constitution of this State, 1895, the General Assembly allocates on an annual basis sufficient tax revenues to provide for the punctual payment of the principal and interest on the bonds authorized by this chapter.
Section 11-51-140. Bonds must be sold by the Governor and the State Treasurer upon sealed proposals, after publication of a summary notice of the sale one or more times at least seven days before the sale, in a financial paper published in New York City which regularly publishes notices of sale of state or municipal bonds. The purchase of the bonds may be awarded upon the terms and in the manner as prescribed by the State Treasurer at a price of not less than ninety-nine percent of par plus accrued interest to the date of delivery. The right is reserved to reject bids and to re-advertise the bonds for sale. For the purpose of bringing about successful sales of the bonds, the State Treasurer may do things ordinarily and customarily done in connection with the sale of state or municipal bonds. Expenses incident to the sale of the bonds must be paid from the proceeds of the sale of the bonds.
Section 11-51-150. The proceeds of the sale of bonds must be received by the State Treasurer and applied by him to the purposes for which issued, except that the accrued interest, if any, may be used to discharge in part the first interest to become due on the bonds, and the premium, if any, must be used to discharge the payment of the first installment of principal to become due on the bonds. The purchasers of
Section 11-51-160. It is lawful for executors, administrators, guardians, and other fiduciaries to invest monies in their hands in bonds issued pursuant to this chapter.
Section 11-51-170. The proceeds received from the issuance of bonds, after deducting the costs of issuance, must be expended only for the purposes for which the bonds were issued."
SECTION 27. Chapter 41, Title 11 of the 1976 Code is repealed.
SECTION 28. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. COOPER moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bales Barfield Battle Bingham Cato Ceips Chellis Clark Clemmons Coates Cooper Cotty Davenport Delleney Edge Emory Hagood Harrell Harrison Herbkersman Hinson Keegan Kirsh Koon Leach Limehouse Littlejohn Loftis Mahaffey McCraw McGee Miller Owens Perry M. A. Pitts Quinn Rice Simrill Sinclair Skelton D. C. Smith G. M. Smith J. R. Smith W. D. Smith Talley Thompson Tripp Trotter
Vaughn Viers White Wilkins Witherspoon Young
Those who voted in the negative are:
Bailey Bowers Branham Breeland R. Brown Clyburn Cobb-Hunter Freeman Frye Govan Harvin Hayes J. Hines Hosey Howard Lucas Mack McLeod Moody-Lawrence J. H. Neal Neilson Ott Parks Pinson E. H. Pitts Rhoad Scott Sheheen J. E. Smith Stille Toole Townsend Umphlett Walker Weeks
So, the amendment was tabled.
Rep. SHEHEEN proposed the following Amendment No. 8 (Doc Name COUNCIL\GJK\20543SD03), which was tabled:
Amend the bill, as and if amended, by striking SECTIONS 1 - 38 and inserting:
/SECTION 1. Title 59 of the 1976 Code is amended by adding:
Section 59-110-10. In order to foster the development of a coordinated system of higher education, to improve the quality of education, to extend its benefits, and to encourage an economical use of the state's resources, the South Carolina system of higher education is redefined in accordance with the provisions of this chapter.
Section 59-110-20. As used in this chapter, unless the context clearly requires otherwise:
(1) 'Board' means the South Carolina College and University Board of Regents.
(2) 'Board of Trustees' means the board of trustees or governing board or commission of a constituent institution.
(3) 'Constituent institution' or 'institution' means those public institutions of higher learning defined by Section 59-103-5.
Section 59-110-30. There is created a South Carolina College and University Board of Regents, which is known as the 'State Board of Regents' and which is a body corporate and politic and which by that name has the power to:
(1) have perpetual succession;
(2) sue and be sued in the corporate name;
(3) have a common seal and to alter it at pleasure;
(4) make contracts and to have, to hold, to purchase, and to lease real estate and personal property for corporate purposes, and to sell and dispose of personal property and any buildings that are considered by it as surplus property or not further needed and any buildings that it may need to do away with for the purpose of making room for other construction. However, the board does not have the power to sell or otherwise dispose of any real estate, other than buildings, except with the consent of the General Assembly;
(5) elect from its membership for two-year terms a chairman, vice-chairman, and secretary of the board to serve until their successors have been elected and qualify. However, no person may serve as chairman for more than four years in succession;
(6) take, demand, receive, and possess all monies, goods, and chattels that may be given for the use of a constituent institution and to apply the same according to the will of the donors;
(7) receive, possess, enjoy, and retain forever by gift, purchase, or devise all real and personal estate and funds of any kind, nature, or quality in special trust and confidence that the same, or the profits from them, must be applied to and for the use and purpose of establishing and endowing the constituent institutions;
(8) do all things which usually are done by bodies corporate and politic or anything necessary for the promotion of learning and virtue.
Section 59-110-40. (A) The Board of Regents shall be composed of fifteen members. Two members shall be elected by the General Assembly from each congressional district with no two members from a congressional district being from the same county. These members shall be elected for terms of four years each and until their successors are elected and qualify, except that of those members first elected, one-half shall be elected for terms of two years each with the initial
Three members shall be appointed by the Governor to serve for terms coterminous with his term of office. Vacancies in all seats shall be filled by election or appointment in the same manner of original election or appointment for the remainder of the unexpired term.
(B) No person elected or appointed to the board or any member of his immediate family may be employed by or be a member of the governing body of any constituent institution for a period of five years immediately preceding his election or appointment to the Board of Regents.
Section 59-110-50. (A) All members of the board must be chosen for their interest in, and their ability to contribute to the fulfillment of, the purposes of the board and all members are charged with the responsibility of serving the best interests of the State. In selecting members, the objective must be to obtain the services of the best qualified citizens of the State, taking into consideration the need for representation on the board by the different races, sexes, and political parties.
(B) Each member of the board shall receive mileage, subsistence, and per diem as is allowed for members of state boards, committees, and commissions.
(C) The board shall select from its membership a vice chairman and such other officers as it considers necessary from among its members to serve for terms of one year each in these capacities.
Section 59-110-60. The board shall meet at stated times established by the board, but not less frequently than six times a year. A quorum for the conduct of business consists of a majority of the members.
Section 59-110-70. The board has the power to appoint from its membership committees which are clothed with any powers the board may confer which are consistent with law. No committee may reverse a decision concerning any policy taken by the board at a regular meeting.
Section 59-110-80. The functions, duties, and responsibilities include:
(1) The board shall plan and develop a coordinated system of higher education in South Carolina. The board shall govern the constituent institutions, subject to the powers, duties, and responsibilities granted in this chapter to the boards of trustees of the institutions, and the board shall maintain close liaison with the
(2) The board is responsible for the general determination, control, supervision, management, and governance of all affairs of the constituent institutions. For this purpose, the board may adopt and promulgate any policies and regulations it considers wise.
(3) The board shall determine the functions, educational activities, and academic programs of the constituent institutions. The board also shall determine the types of degrees to be awarded by the constituent institutions. The powers granted in this chapter to the board are not restricted by any provision of law assigning specific functions, duties, or responsibilities to designated institutions, and the powers granted in this chapter to the board are superior to the provision. After adequate notice and after giving the board of trustees or a governing body of a constituent institution an opportunity to be heard, the board is authorized to withdraw approval of an existing program if it appears that the program is unproductive, excessively costly, or unnecessarily duplicative.
(4) The board shall approve the establishment of any new publicly supported institution of higher education.
(5) The board shall set tuition and required fees at the institutions not inconsistent with any action of the General Assembly.
(6) The board shall set enrollment levels at the constituent institutions.
(7) The board shall develop, prepare, and present to the Governor, the General Assembly, and the State Budget and Control Board a budget for each constituent institution. In preparing this budget, the board shall consult specifically with the constituent institution involved.
(8) The board shall render advice and make recommendations concerning education to the Governor and General Assembly on an annual basis or more frequently if requested by the Governor or the General Assembly.
Section 59-110-90. All property of whatever kind and all rights and privileges held by the boards of trustees or governing bodies of the
Section 59-110-100. Under this chapter, each board of trustees or governing body of a constituent institution has the powers and duties to:
(1) promote the sound development of the institution within the functions prescribed for it, helping it to serve the State in a way that will complement the activities of the other constituent institutions and aiding it to perform at a high level of excellence in every area of endeavor;
(2) serve as advisor to the State Board of Regents on matters pertaining to the institution;
(3) appoint a chairman of the board of trustees or governing body and other officers necessary to assist the members of the board of trustees or governing body in their duties;
(4) appoint, with the advice and consent of the Board of Regents, a college president, treasurer, and secretary and, with the advice and consent of the Board of Regents, to prescribe their duties and terms of office;
(5) make bylaws and regulations for the management of its institution's affairs and operation not inconsistent with policies of the Board of Regents or with any provision of law. Bylaws and regulations must be approved by the Board of Regents before becoming effective;
(6) confer degrees upon students and other persons who meet the standards set by the Board of Regents;
(7) perform any other function delegated to it by the Board of Regents, which function may not by inconsistent with law;
(8) perform any function enumerated in the statutes governing the board of trustees' or governing body's existence, as long as the function has not been granted to the Board of Regents by this chapter.
Section 59-110-110. To the extent that any regulation or other provision of law is inconsistent with this chapter or confers powers on other bodies inconsistent with the powers conferred on the Board of Regents, the provisions of this chapter prevail and apply."
SECTION 2. All persons who, as of the effective date of Chapter 110, Title 59 of the 1976 Code are serving as trustees or members of the governing body of constituent institutions, as defined in that chapter, shall continue to serve as provided by the applicable provisions of law governing their institutions. Their successors must be elected in the manner and at the time prescribed by the provisions of law governing their institutions.
SECTION 3. (A) On July 1, 2003, the duties, powers, and responsibilities of the State Commission on Higher Education and the State Board for Technical and Comprehensive Education not inconsistent with the duties, powers, and responsibilities conferred upon the South Carolina College and University Board of Regents under Chapter 110 of Title 59, are devolved upon the South Carolina College and University Board of Regents.
(B) On July 1, 2003, Sections 59-53-10 and 59-103-10 of the 1976 Code are repealed. /
Amend further, as and if amended, by striking SECTION 39 and inserting:
/ SECTION 39. Title 11 of the 1976 Code is amended by adding:
"CHAPTER 51
State General Obligation Economic Development and Research College and University Bond Act
Section 11-51-10. This chapter may be cited as the 'State General Obligation Economic Development and Research College and University Bond Act'.
Section 11-51-20. As incident to this chapter, the General Assembly finds:
(1) That by Section 4, Act 10 of 1985, the General Assembly ratified an amendment to Article X, Section 13(6)(c), Constitution of this State, 1895. One amendment in Article X, Section 13(6)(c) limits the issuance of general obligation debt of the State such that maximum annual debt service on general obligation bonds of the State, excluding highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes, may not exceed five percent of the general revenues
(2) Article X, Section 13(6)(c), as amended, further provides that the percentage rate of general revenues of the State by which general obligation bond debt service is limited may be reduced to four or increased to seven percent by legislative enactment passed by a two-thirds vote of the total membership of the Senate and a two-thirds vote of the total membership of the House of Representatives.
(3) In order to foster economic development within the State and the advancement of research projects at the colleges and universities, as defined in Section 11-51-30, by providing the necessary funds to defray the costs of certain infrastructure and facilities, as defined in Section 11-51-30, it is in the best interests of the State that the limitation on general obligation debt imposed by Article X, Section 13(6)(c) be increased to five and one-half percent with the additional debt service capacity available at any time as a consequence of the increase available only for the repayment of general obligation bonds issued to provide infrastructure and facilities for:
(a) economic development within the State; and
(b) the advancement of the colleges and universities.
Section 11-51-30. As used in this chapter:
(1) 'Bonds' means state general obligation economic development bonds and state general obligation research college and university bonds.
(2) 'Department' means the State Department of Commerce.
(3) 'Economic development project' means a project as defined in Section 12-44-30(16) in which a total of at least four hundred million dollars is invested by the sponsor and at least four hundred new jobs are created at the project by the sponsor. To qualify as an economic development project for purposes of this chapter, the investment and job creation requirements must be attained no later than the eighth year after the project first begins operations.
(4) 'Economic development infrastructure' must relate specifically to, but is not required to be located on, the economic development project and means:
(a) land acquisition;
(b) site preparation;
(c) road and highway improvements;
(d) rail spur construction;
(e) water service;
(f) wastewater treatment;
(g) employee training which may include equipment used for this purpose;
(h) environmental mitigation; and
(i) training and research facilities and the necessary equipment for them.
(5) 'Economic development investment' means money expended by the sponsor on capital assets directly related to the economic development project and does not include amounts expended in aid of the project by the State pursuant to this chapter or otherwise, or amounts expended in aid of the project by a county, municipality, or a special purpose district, however financed.
(6) 'Facilities and administration costs' means depreciation and use allowances, interest on debt associated with buildings, equipment and capital improvements, operation and maintenance expenses, library expenses, general administration expenses, departmental administration, sponsored projects administration, and student administration and services.
(7) 'New job' means a full-time job created in this State at an economic development project. The term does not include a job created when an employee is shifted from an existing location in this State to a new or expanded facility whether the transferred job is from, or to, a project of the sponsor or a related person. A related person includes an entity or a person that bears a relationship to the sponsor as described in Section 267 of the Internal Revenue Code of 1986. Full time means a job requiring a minimum of thirty-five hours of an employee's time a week for the entire normal year of sponsor operations or a job requiring a minimum of thirty-five hours of an employee's time a week for a year if the employee was hired initially for or transferred to the project. Two half-time jobs are considered one full-time job. A half-time job is a job requiring a minimum of twenty hours of an employee's time a week otherwise meeting the full-time job requirements.
(8) 'Board of Regents' means the board created pursuant to Section 59-110-40.
(9) 'Research infrastructure project' means a project that would advance economic development and create a knowledge based economy, thereby increasing job opportunities, or facilitate and increase externally funded research at the colleges and universities, including, but not limited to, land acquisition, acquisition or construction of buildings, equipment, furnishings, site preparation, road
(10) 'Colleges and universities' means those higher education institutions defined in Section 59-103-5.
(11) 'Sponsor' means a sole proprietor, partnership, corporation of any classification, limited liability company, or association taxable as a business entity or a combination of these entities.
(12) 'State general obligation economic development bonds' or 'economic development bonds' means general obligation bonds of this State issued under the authority of and pursuant to the provision of this chapter in order to defray the cost of economic development infrastructure.
(13) 'State general obligation research college and university bonds' or 'research college and university bonds' means general obligation bonds of this State issued under the authority of and pursuant to the provisions of this chapter in order to defray the cost of research infrastructure projects.
Section 11-51-40. To obtain funds for allocation to the department for financing of infrastructure, there may be issued from time to time bonds under the conditions prescribed by this chapter.
Section 11-51-50. Pursuant to Article X, Section 13(6)(c) of the Constitution of this State, 1895, the General Assembly provides that the maximum annual debt service on general obligation bonds of the State, including economic development bonds and research college and university bonds, but excluding highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes, may not exceed five and one-half percent of the general revenues of the State for the fiscal year next preceding, excluding revenues that are authorized to be pledged for state highway bonds and state institution bonds. The State at any time must not have outstanding general obligation bonds, excluding economic development bonds and research college and university bonds, highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes, the maximum annual debt service on which exceeds five percent of the general revenues of the State for the fiscal year next preceding, excluding revenues that are authorized to be pledged for state highway bonds and state institution bonds.
Section 11-51-60. The maximum annual debt service on bonds issued pursuant to this chapter may not exceed one-half of one percent of the general revenues of this State for the fiscal year next preceding,
Section 11-51-70. Before issuing economic development bonds, the department shall provide to the Joint Bond Review Committee and the State Budget and Control Board the following:
(1) a statement of the amount then required for allocation to the department to defray the costs of the proposed economic development infrastructure;
(2) a description of the economic development infrastructure for which the bonds are to be issued, including a certification by the secretary of the department that each economic development project to benefit from the expenditure of the proceeds of the economic development bonds consists of an economic development investment in the State of at least four hundred million dollars and at least four hundred new jobs;
(3) a tentative time schedule setting forth the period of time during which the sum requested is to be expended;
(4) a debt service table showing the annual principal and interest requirements for the state general economic development bonds and the state general obligation research college and university bonds then outstanding; and
(5) a statement of the total amount of the State general economic development bonds and the state general obligation research college and university bonds issued.
Section 11-51-80. (A) As a condition precedent to the issuance of research college and university bonds pursuant to the provisions of this chapter, the board shall certify to the State Budget and Control Board that at least fifty percent of the cost of such research infrastructure project is being provided by private, federal, municipal, county, or other local government sources. This portion of the cost may, in the discretion of the board, be in the form of cash; cash equivalent; buildings including sale-lease back; gifts in kind including, but not limited to, land, roads, water and sewer, and maintenance of infrastructure; facilities and administration costs; equipment; or furnishings.
(B) Before the issuance of research college and university bonds, the board shall provide to the Joint Bond Review Committee and the State Budget and Control Board the following:
(1) a description of the research infrastructure project for which research college and university bonds are requested to be issued;
(2) a certification by the board that the provisions of subsection (A) have been met, that the source of funding has been identified, and that the research infrastructure project complies with the provisions of this chapter;
(3) the total cost of the research infrastructure project and the principal amount of the research college and university bonds requested to be issued;
(4) a tentative time schedule setting forth the period of time during which the proceeds of the research college and university bonds requested to be issued will be expended;
(5) a debt service schedule showing the annual principal and interest requirements, at a projected current rate of interest, on the requested research college and university bonds;
(6) the total amount of the state general obligation economic development and research college and university bonds issued pursuant to this chapter; and
(7) a debt service schedule showing the principal and interest requirements for the state general obligation economic development and research college and university bonds outstanding and the proposed research college and university bonds at a projected current rate of interest.
Section 11-51-90. Following the receipt of the notification presented either pursuant to Section 11-51-70 or Section 11-51-80 and after approval by the Joint Bond Review Committee, the State Budget and Control Board, by resolution duly adopted, shall effect the issue of economic development bonds and research college and university bonds, or pending the issue of the bonds, effect the issue of bond anticipation notes pursuant to Chapter 17 of this title.
Section 11-51-100. To effect the issuance of bonds, the State Budget and Control Board shall adopt a resolution providing for the issuance of economic development bonds and research college and university bonds pursuant to the provisions of this chapter. The authorizing resolution must include:
(1) a schedule showing the aggregate of bonds issued, the annual principal payments required to retire the bonds, and the interest on the bonds;
(2) the amount of bonds proposed to be issued;
(3) a schedule showing future annual principal requirements and estimated annual interest requirements on the bonds to be issued; and
(4) certificates evidencing that the provisions of Sections 11-51-50 and 11-51-60 of this chapter have been or will be met.
Section 11-51-110. The bonds must bear the date and mature at the time that the resolution provides, except that a bond may not mature more than thirty years from its date of issue. The bonds may be in the denominations, be payable in the medium of payment, be payable at the place and at the time, and be subject to redemption or repurchase and contain other provisions determined by the State Budget and Control Board before their issue. The bonds may bear interest payable at the times and at the rates determined by the State Budget and Control Board.
Section 11-51-120. Bonds issued pursuant to this chapter are exempt from taxation as provided in Section 12-2-50.
Section 11-51-130. Bonds issued pursuant to this chapter must be signed by the Governor and the State Treasurer and attested by the Secretary of State. The Governor, State Treasurer, and Secretary of State may sign these obligations by a facsimile of their signatures. The Great Seal of the State must be affixed to, impressed on, or reproduced upon each of them. The delivery of the bonds executed and authenticated is valid notwithstanding changes in officers or seal occurring after the execution or authentication.
Section 11-51-140. For the payment of the principal and interest on bonds issued and outstanding pursuant to this chapter there is pledged the full faith, credit, and taxing power of this State, and in accordance with the provisions of Section 13(4), Article X of the Constitution of this State, 1895, the General Assembly allocates on an annual basis sufficient tax revenues to provide for the punctual payment of the principal and interest on the debt authorized by this chapter.
Section 11-51-150. Bonds must be sold by the Governor and the State Treasurer upon sealed proposals, after publication of a summary notice of the sale one or more times at least seven days before the sale, in a financial paper published in New York City which regularly publishes notices of sale of state or municipal bonds. The bonds may be awarded upon the terms and in the manner as prescribed by the State Treasurer. The right is reserved to reject bids and to readvertise the bonds for sale. For the purpose of bringing about successful sales of the bonds, the State Treasurer may do all things ordinarily and customarily done in connection with the sale of state or municipal bonds. Expenses incident to the sale of the bonds must be paid from the proceeds of the sale of the bonds.
Section 11-51-160. The proceeds of the sale of bonds must be received by the State Treasurer and applied by him to the purposes for
Section 11-51-170. It is lawful for all executors, administrators, guardians, and other fiduciaries to invest monies in their hands in bonds issued pursuant to this chapter.
Section 11-51-180. The proceeds received from the issuance of bonds, after deducting the costs of issuance, must be expended only for the purpose of providing infrastructure or of defraying the cost of research infrastructure projects.
In the event a research infrastructure project is used for a purpose other than as approved in by the board pursuant to Section 11-51-80(B)(2), the college or university for which such research infrastructure project was originally established shall reimburse the State a percentage of debt service on the research college and university bonds issued to finance the debt, the percentage to be equal to the percentage of the research infrastructure project which is used for an unapproved purpose. Amounts reimbursed to the State pursuant to this section must be applied, as directed by the State Budget and Control Board, to the debt service on the applicable bonds, either currently or by way of defeasance, or to the general fund of the State."/
Amend further, as and if amended, by adding after SECTION 39 appropriately numbered SECTIONS to read:
/SECTION ____. Upon the effective date of Chapter 51 of Title 11 of the 1976 Code, as added by Section 39 above, Chapter 41, Title 11 of the 1976 Code is repealed.
SECTION ____. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or 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. /
Rep. SHEHEEN explained the amendment.
Rep. WALKER spoke in favor of the amendment.
Rep. HARRELL moved to table the amendment.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Bales Barfield Battle Bingham Cato Ceips Chellis Clark Clemmons Coates Cooper Cotty Delleney Duncan Edge Emory Hagood Harrell Harrison Hayes Herbkersman Hinson Jennings Keegan Kirsh Koon Leach Limehouse Lucas Mahaffey McCraw McGee Merrill Miller J. M. Neal Neilson Ott Owens Perry E. H. Pitts M. A. Pitts Quinn Rhoad Rice Sandifer Simrill Sinclair Skelton D. C. Smith G. M. Smith J. R. Smith Talley Thompson Toole Tripp Trotter Umphlett Vaughn Viers Weeks White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Bowers Branham Breeland R. Brown Clyburn Cobb-Hunter
Davenport Freeman Frye Govan J. Hines Hosey Littlejohn Loftis Mack Martin McLeod Moody-Lawrence J. H. Neal Parks Pinson Scott Sheheen J. E. Smith Stille Townsend Walker
So, the amendment was tabled.
Rep. MCLEOD moved to commit the Bill to the Committee on Education and Public Works.
Rep. HARRELL moved to table the motion, which was agreed to.
Rep. HARRELL explained the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Bales Barfield Battle Bingham Bowers Branham Breeland R. Brown Cato Ceips Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Cooper Cotty Davenport Delleney Duncan Edge Emory Freeman Hagood Harrell Harrison Harvin Hayes Herbkersman J. Hines Hinson Howard Jennings Keegan Kirsh Koon Leach Lee Limehouse Littlejohn Loftis Lucas Mack Mahaffey McCraw McGee Merrill Miller J. H. Neal
J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts Quinn Rhoad Rice Sandifer Simrill Sinclair Skelton D. C. Smith G. M. Smith J. E. Smith J. R. Smith W. D. Smith Talley Thompson Toole Tripp Trotter Umphlett Vaughn Weeks White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Frye Hosey Martin McLeod M. A. Pitts Scott Sheheen Stille Townsend Walker
So, the Bill, as amended, was read the second time and ordered to third reading.
The Second Morrill Act of August 30, 1890 set into motion the legislative beginnings of the federal process that established the creation of South Carolina State University as "the Colored Normal, Industrial, Agricultural and Mechanical College of South Carolina."
The Second Morrill Act set forth two compliance provisions that defined the land grant support of South Carolina State University, and other like Colleges, "for the benefit of agriculture and the mechanical arts established under the provisions of an act of Congress approved July second, eighteen hundred and sixty-two." These provisions were:
1. that a portion of money received as a result of the 1862 and 1890 Morrill Acts be used for providing courses for the special preparation of instructors for teaching elements of agriculture and the mechanical arts; and
2. that an "equitable division" of State support for a separate white and colored College be provided, with both Colleges
The 1862 Morrill Act set forth the establishment of Clemson University as "the White Normal, Industrial, Agricultural and Mechanical College of South Carolina."
The fulfillment of these two compliance provisions would satisfy the federal requirement under both Morrill Acts. This meant the equitable funding support and growth of two land grant Colleges in the State of South Carolina. However, the fulfillment of these compliance provisions have never been implemented on equitable or equal terms in funding support and growth impact in programs and development for South Carolina State University within the State of South Carolina.
For Clemson University, the State of South Carolina has matched federal dollars since its inception as a land grant that today equate to more than sixty million dollars annually. For 102 years, the compliance provisions of "equitable division" and "benefits" have not been completely fulfilled. Yet, as Clemson University, South Carolina State University's land grant status endowed it with a tripartite mission of teaching, research, and extension service, as authorized in the First Morrill Act (1862), the Hatch Act (1887) and the Smith-Lever Act (1914).
If South Carolina State University had received the same "equitable" support as Clemson University, its growth programmatically and developmentally would parallel the same benefits that Clemson University, the University of South Carolina and the Medical University of South Carolina as Research Universities have achieved over the years.
Of the Comprehensive Universities so defined by the Commission on Higher Education, South Carolina State University is the only one that is both a comprehensive University and a land grant University whose history is a mission of teaching, research and life-long learning as provided under the federal legislation of land grant designation, under the provisions of the 1862 and 1890 Morrill Acts, the Hatch Act of 1887 and the Smith-Lever Act of 1914. To deny South Carolina State University Research University designation is to continue a historical pattern or unfair and unequal treatment.
Rep. Jerry Govan
Rep. TROTTER moved that the House recur to the Morning Hour, which was agreed to.
The following was received:
April 23, 2003
Mr. Speaker and Members of the House of Representatives:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
Horry County Master-in-Equity
Term Commencing: July 31, 2003
Term Expiring: July 31, 2009
Seat: Master-in-Equity
Initial Appointment
The Honorable James Stanton Cross, Jr.
Post Office Box 1236
Conway, South Carolina 29528
843-915-5310
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., April 23, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 208:
S. 208 (Word version) -- Senators McConnell, Moore, Malloy and Waldrep: A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE OFFICERS WHO ARE SUBJECT TO REMOVAL BY THE GOVERNOR, SO AS TO INCLUDE THE EXECUTIVE DIRECTOR OF THE OFFICE OF PUBLIC STAFF; BY ADDING SECTION 8-13-935 SO AS TO REVISE THE PROCEDURES APPLICABLE TO CANDIDATES FOR THE PUBLIC SERVICE COMMISSION WHO SEEK THE PLEDGE OF A MEMBER OF THE GENERAL ASSEMBLY; TO
Very respectfully,
President
Whereupon, the Chair appointed Reps. CATO, SANDIFER and JENNINGS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4023 (Word version) -- Reps. Cooper, Cato, White and Rice: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO REMOVE THE "EARLE MORRIS HIGHWAY" MARKERS OR SIGNS WHICH WERE PLACED ON THAT PORTION OF SOUTH CAROLINA HIGHWAY 153 WHICH CONNECTS SECONDARY HIGHWAY 190 IN ANDERSON COUNTY WITH SOUTH CAROLINA HIGHWAY 123 IN PICKENS COUNTY.
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 600 (Word version) -- Senator Knotts: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION PUT UP EXIT AND DIRECTIONAL SIGNS ON APPROPRIATE EXITS OFF OF INTERSTATE 20 AND INTERSTATE 26 IN LEXINGTON COUNTY AND PAY ALL COSTS FROM LEXINGTON COUNTY "C" FUNDS, SO AS TO PROVIDE EXIT INFORMATION AND DIRECTIONS TO THE LEXINGTON COUNTY MUSEUM.
Ordered for consideration tomorrow.
H. 4029 (Word version) -- Reps. Witherspoon, Barfield, Edge, Keegan and Viers: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE THAT CROSSES MAPLE SWAMP ALONG SOUTH CAROLINA HIGHWAY 65 IN HORRY COUNTY "JAMES E. FLEMING BRIDGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "JAMES E. FLEMING BRIDGE."
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4024 (Word version) -- Reps. Clemmons, Edge, Hayes, Keegan, Viers and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF NEW INTERSTATE HIGHWAY 73 IN HORRY COUNTY AS THE ASHBY WARD MEMORIAL HIGHWAY IN HONOR OF THE LATE ASHBY WARD, PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE MYRTLE BEACH AREA CHAMBER OF COMMERCE AT THE TIME OF HIS DEATH, AND TO INSTALL APPROPRIATE MARKERS CONTAINING THE WORDS "ASHBY WARD MEMORIAL HIGHWAY".
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3737 (Word version) -- Reps. Loftis, Bingham, Chellis, Harrison, Hinson, Leach, Merrill, Perry, Sandifer, Toole and Whitmire: A BILL TO AMEND SECTION 56-10-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFISCATION OF SUSPENDED OR REVOKED DRIVER'S LICENSES, MOTOR VEHICLE REGISTRATION CARDS, AND MOTOR VEHICLE LICENSE PLATES, SO AS TO PROVIDE THAT WHEN A LAW ENFORCEMENT OFFICER CONFISCATES A LICENSE PLATE, HE SHALL LEAVE NOTICE AT THE LOCATION WHERE THE LICENSE PLATE WAS CONFISCATED THAT CONTAINS HIS
The following was introduced:
H. 4040 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SYMPATHY OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES UPON THE DEATH OF RALSTON E. SMITH OF TURBEVILLE ON FRIDAY, MARCH 7, 2003, AND TO CONVEY DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 4041 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION TO CONGRATULATE MR. DWAYNE HOWELL OF TURBEVILLE ON BEING NAMED THE 2002-2003 SOUTH CAROLINA ATHLETIC ADMINISTRATORS ASSOCIATION'S CLASS A ATHLETIC DIRECTOR OF THE YEAR, TO COMMEND HIM ON HIS HARD WORK AND DEDICATION TO EAST CLARENDON HIGH SCHOOL, AND TO WISH HIM EVERY SUCCESS IN HIS FUTURE ENDEAVORS.
The Resolution was adopted.
On motion of Rep. SIMRILL, with unanimous consent, the following was taken up for immediate consideration:
H. 4042 (Word version) -- Reps. Simrill, Clyburn, Davenport, Delleney, Haskins, Martin, Moody-Lawrence, J. H. Neal, D. C. Smith, J. R. Smith and Stille: A CONCURRENT RESOLUTION TO PROCLAIM MAY 1, 2003, AS "NATIONAL DAY OF PRAYER" IN SOUTH CAROLINA AND TO URGE OUR STATE'S CITIZENS TO JOIN TOGETHER IN
Whereas, National Days of Prayer have been part of our country's heritage since the first one was declared by the Continental Congress in 1775; and
Whereas, leaders of our nation have relied upon the power of prayer throughout American history; and
Whereas, especially since September 11, 2001, millions of Americans have been led to prayer. They have prayed for comfort in a time of grief, for understanding in a time of anger, and for protection in a time of uncertainty; and
Whereas, May 1, 2003, marks the fifty-second consecutive observance of the National Day of Prayer, as mandated by both houses of Congress and by our President in Public Law 100-307; and
Whereas, it is good that we acknowledge that we are all God's handiwork, and that it is appropriate to call upon Him in prayer; and
Whereas, the theme for the 2003 National Day of Prayer is "Righteousness Exalts a Nation...but sin is a disgrace to all people"; and
Whereas, the General Assembly, by this resolution, expresses its strong support for the "National Day of Prayer" and calls on all the citizens of South Carolina to join in its observance on May 1, 2003. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly proclaim May 1, 2003, as "National Day of Prayer" in South Carolina and urge our State's citizens to join together in their homes, places of work, and places of
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4043 (Word version) -- Rep. Harrison: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE MEMBERS OF THE DREHER HIGH SCHOOL ACADEMIC DECATHLON TEAM AND THE TEAM'S COACHES, CHRISTINA MURPHY AND LINDA WILLIAMS, OF COLUMBIA ON WINNING THE 2003 ACADEMIC DECATHLON STATE CHAMPIONSHIP TITLE, TO COMMEND THEM FOR THEIR HARD WORK AND COMPETITIVE SPIRIT, AND TO WISH THEM EVERY SUCCESS IN THEIR FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 652 (Word version) -- Senators Knotts, Ford, Malloy and Leatherman: A CONCURRENT RESOLUTION TO MEMORIALIZE AND URGE THE CONGRESS OF THE UNITED STATES TO QUICKLY APPROPRIATE HOMELAND SECURITY FUNDS NECESSARY TO PROTECT THE HEALTH OF EMERGENCY RESPONDERS AND DISASTER RELIEF PERSONNEL, TO URGE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO SECURE FEDERAL FUNDING AND ADVANCE BIOTERRORISM PREPAREDNESS AID FROM THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, TO ENSURE THAT EMERGENCY RESPONDERS AND DISASTER RELIEF PERSONNEL RECEIVE
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4044 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 9-1-1620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTIONAL FORMS OF RETIREMENT ALLOWANCES UNDER THE STATE RETIREMENT SYSTEM; AND SECTION 9-11-150, AS AMENDED, RELATING TO OPTIONAL FORMS OF RETIREMENT ALLOWANCES UNDER THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT A MEMBER WHO ELECTED A RETIREMENT OPTION THAT INCLUDED AN ADVANCE OF HIS FEDERAL SOCIAL SECURITY BENEFITS WHICH IS NO LONGER OFFERED AS A RETIREMENT OPTION MAY CHANGE THIS ELECTION ON A ONE-TIME BASIS TO ANY OTHER RETIREMENT OPTION NOW OFFERED, AND TO PROVIDE THAT IN ADDITION TO OTHER BENEFIT ADJUSTMENTS REQUIRED TO REFLECT THE MEMBER'S NEW ELECTION, THE REVISED BENEFIT ALLOWANCE SHALL BE ADJUSTED TO REFLECT AN ACTUARIAL RECOUPMENT OF THE FEDERAL SOCIAL SECURITY BENEFITS PREVIOUSLY ADVANCED PLUS SPECIFIED INTEREST.
Referred to Committee on Ways and Means
H. 4045 (Word version) -- Reps. Govan, Bailey, R. Brown, Freeman, Littlejohn, Lloyd, Mack, Mahaffey, Moody-Lawrence, J. H. Neal, Pinson, Sinclair and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-195 SO AS TO ESTABLISH THE MEDICATION ASSISTANCE TO SENIORS (MATS) PROGRAM IN THE DIVISION ON AGING, DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ASSIST LOW INCOME SENIORS WITH OBTAINING PRESCRIPTION DRUGS FROM MANUFACTURERS' PHARMACEUTICAL ASSISTANCE PROGRAMS, TO PROVIDE FOR THE POWERS AND DUTIES OF THE DIVISION IN
H. 4046 (Word version) -- Reps. Moody-Lawrence, Clyburn, J. Brown, R. Brown, Cobb-Hunter, Gourdine, Hosey, Lee, Lloyd, Mack, Martin and Parks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-105 SO AS TO PROHIBIT ANY STATE AGENCY FROM PAYING DIFFERENT WAGES FOR COMPARABLE WORK AND SKILLS BASED UPON GENDER AND TO REQUIRE RETROACTIVE REIMBURSEMENT FOR A VIOLATION.
Referred to Committee on Ways and Means
H. 4047 (Word version) -- Rep. Koon: A BILL TO AMEND SECTION 58-5-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF MUNICIPAL UTILITIES FROM REGULATION BY THE PUBLIC SERVICE COMMISSION, SO AS TO LIMIT THE EXEMPTION TO A PUBLIC UTILITY'S OPERATIONS WITHIN THE MUNICIPALITY'S CORPORATE LIMITS; AND TO AMEND SECTION 58-27-1010, RELATING TO THE PROHIBITION ON REGULATION BY THE PUBLIC SERVICE COMMISSION OF CONTRACTS MADE BY A MUNICIPALITY, SO AS TO LIMIT THE PROHIBITION TO CONTRACTS MADE BY A MUNICIPALITY WITH CUSTOMERS LOCATED WITHIN THE CORPORATE LIMITS OF THE MUNICIPALITY.
Referred to Committee on Labor, Commerce and Industry
H. 4048 (Word version) -- Reps. J. R. Smith, Scarborough, Neilson, Cotty, Anthony, Bailey, Barfield, Battle, Branham, G. Brown, Cato, Ceips, Clark, Clemmons, Coates, Cooper, Davenport, Duncan, Edge, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Hinson, Huggins, Keegan, Leach, Limehouse, Loftis, Lucas, McGee, Miller, Owens, Perry, Pinson, E. H. Pitts, Quinn, Rice, Sandifer, Simrill, Sinclair,
H. 4049 (Word version) -- Reps. Breeland, Moody-Lawrence, Whipper and R. Brown: A JOINT RESOLUTION TO CREATE A TASK FORCE TO STUDY TOBACCO USE PREVENTION PROGRAMS, AND MAKE RECOMMENDATIONS ON WAYS TO IMPROVE THE DELIVERY OF SERVICES RELATED TO THESE PROGRAMS, AND TO REQUIRE THE TASK FORCE TO REPORT TO THE GOVERNOR AND THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2004, AT WHICH TIME THE TASK FORCE IS ABOLISHED.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 4050 (Word version) -- Reps. Loftis, R. Brown, Cato, Ceips, Coates, Davenport, Duncan, Freeman, Frye, Herbkersman, Koon, Ott, Perry, Pinson, M. A. Pitts, Stewart, Viers and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-55-130 SO AS TO PROVIDE THAT A PUBLIC
H. 4051 (Word version) -- Rep. Miller: A BILL TO AMEND SECTION 50-5-1335, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF A "CRAB POT" FOR COMMERCIAL PURPOSES IN AND AROUND PAWLEY'S ISLAND IN GEORGETOWN COUNTY, SO AS TO DELETE REFERENCES TO "CRAB POT" AND SUBSTITUTE "BLUE CRAB TRAP", TO DELETE REFERENCES TO SETTING "CRAB POTS" OR CATCHING CRABS WITHIN ONE HUNDRED FIFTY FEET OF THE MEAN LOW TIDE WATERMARK BY MEANS OTHER THAN A "CRAB POT" FOR PERSONAL CONSUMPTION, TO INCLUDE PROHIBITION OF THE USE OF BLUE CRAB TRAPS FOR COMMERCIAL PURPOSES WITHIN CERTAIN WATERS OF DEBORDIEU CREEK AND THE SAMPIT RIVER IN GEORGETOWN COUNTY AND LITTLE CHECHESSEE CREEK IN BEAUFORT COUNTY; AND TO REPEAL SECTION 50-5-1340 RELATING TO THE COMMERCIAL USE OF "CRAB POTS" IN LITTLE CHECHESSEE CREEK IN BEAUFORT COUNTY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4052 (Word version) -- Rep. Taylor: A BILL TO AMEND SECTION 6-11-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALTERATION OF SPECIAL PURPOSE DISTRICTS RESULTING IN OVERLAP, SO AS TO PROVIDE THAT IF THE BOUNDARIES OF A SPECIAL PURPOSE DISTRICT PROVIDING WATERWORKS OR SEWER SERVICE ARE DIMINISHED, THE SPECIAL PURPOSE DISTRICT MAY CONTINUE TO PROVIDE WATER OR SEWER SERVICES OUTSIDE OF ITS DIMINISHED BOUNDARIES PURSUANT TO AN INTERGOVERNMENTAL AGREEMENT WITH ONE OR MORE POLITICAL SUBDIVISIONS AUTHORIZED TO PROVIDE THE WATER OR SEWER SERVICE DIRECTLY, AND TO FURTHER PROVIDE THAT THIS CONTINUATION OF WATER
H. 4053 (Word version) -- Reps. Clyburn, Hosey, Limehouse and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-880, SO AS TO REQUIRE ALL STATE SECONDARY HIGHWAY SYSTEM ROADS, STREETS, AND HIGHWAYS TO HAVE CENTER LINES OR RAISED PAVEMENT MARKERS DIVIDING OPPOSING TRAFFIC.
Referred to Committee on Education and Public Works
H. 4054 (Word version) -- Rep. Harrison: A BILL TO AMEND CHAPTER 11, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING ARTICLE 8 SO AS TO PROVIDE NEW DEFINITIONS USED IN THE ARTICLE, PROVIDE FOR CERTAIN CIVIL ACTIONS BY PERSONS AGGRIEVED BY A VIOLATION OF THIS ARTICLE, PROVIDE FOR DAMAGES THAT MAY BE RECOVERED, TO REVISE CERTAIN OFFENSES RELATING TO THEFT OF COMMUNICATION SERVICES, AND TO REVISE CERTAIN PENALTIES FOR VIOLATIONS OF THIS ARTICLE.
Referred to Committee on Judiciary
H. 4055 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-15 SO AS TO PROVIDE THAT ALL MEMBERS OF COUNTY BOARDS OF REGISTRATION, COUNTY ELECTION COMMISSIONS, AND COMBINED COUNTY BOARDS OF REGISTRATION AND ELECTIONS COMMISSIONS MUST BE APPOINTED FOR TERMS OF TWO YEARS; BY ADDING SECTION 7-5-25 SO AS TO PROVIDE THAT MEMBERS OF COUNTY BOARDS OF REGISTRATION, COUNTY ELECTION COMMISSIONS, AND COMBINED COUNTY BOARD OF REGISTRATION AND ELECTIONS WHOSE COMMISSIONS DO NOT COMPLETE OR MAKE SATISFACTORY PROGRESS TOWARD COMPLETING CERTIFICATION AND TRAINING REQUIREMENTS MUST BE REMOVED FROM OFFICE BY THE GOVERNOR; BY ADDING ARTICLE 2 TO CHAPTER 13, TITLE 7 SO AS TO PROVIDE FOR AN ELECTION TO BE CONDUCTED IN EVERY EVEN AND ODD-NUMBERED YEAR TO FILL SEATS OF ALL ELECTED BODIES WHOSE ELECTIONS TO FILL
Rep. FREEMAN moved that the House do now adjourn, which was agreed to.
At 6:00 p.m. the House, in accordance with the motion of Rep. F. N. SMITH, adjourned in memory of Deputy Antonio Sapinoso of Greenville, who was killed in the line of duty, to meet at 10:00 a.m. tomorrow.
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