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 Psalm 68:19: "Praise be to the Lord, to God our Savior, who daily bears our burdens."
Let us pray. Lord God, You taught the hearts of Your faithful people by sending Your spirit. Grant that we, by Your spirit, may have a right judgement in all things and rejoice in Your counsel. Bless this body and the staff who faithfully serve this State. Give strength to our President and protect our troops. 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. RICHARDSON moved that when the House adjourns, it adjourn in memory of Steve McCrae, which was agreed to.
Document No. 2823
Agency: Department of Insurance
Statutory Authority: 1976 Code Section 38-79-430
South Carolina Patients' Compensation Fund
Received by Speaker of the House of Representatives
March 5, 2003
Referred to Labor, Commerce and Industry Committee
Withdrawn March 14, 2003
The Senate amendments to the following Bill were taken up for consideration:
S. 342 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 41 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE "SOUTH CAROLINA ELKS ASSOCIATION" SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES.
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
S. 356 (Word version) -- Senator Hutto: A BILL TO AMEND CHAPTER 1 OF TITLE 56 OF THE 1976 CODE BY ADDING SECTION 56-1-205 TO PROVIDE THAT THE DEPARTMENT, UPON REQUEST, MUST PLACE A NOTATION ON AN APPLICANT'S DRIVER'S LICENSE THAT THE APPLICANT IS HEARING IMPAIRED AND IF THE APPLICANT SUFFERS HEARING LOSS OF FORTY DECIBELS OR MORE; AND TO AMEND CHAPTER 3 OF TITLE 56 BY ADDING SECTION 56-3-1930 TO PROVIDE FOR IDENTIFICATION PLACARDS FOR HEARING IMPAIRED DRIVERS.
Ordered for consideration tomorrow.
Rep. GILHAM, from the Beaufort Delegation, submitted a favorable report on:
S. 678 (Word version) -- Senator Richardson: A BILL TO AMEND ACT 596 OF 1969, AS AMENDED, RELATING TO THE HILTON HEAD NO. 1 PUBLIC SERVICE DISTRICT IN BEAUFORT COUNTY, SO AS TO PROVIDE FOR THE ELECTION INSTEAD OF THE APPOINTMENT OF ITS COMMISSIONERS.
Ordered for consideration tomorrow.
H. 3617 (Word version) -- Reps. Sandifer, Bailey, Frye, Cato, E. H. Pitts, Cotty, J. H. Neal, J. Brown, Anthony, Ceips, Duncan, Freeman, Mahaffey, McCraw, Ott, Phillips, M. A. Pitts, Stille, White and Whitmire: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 32-7-60 SO AS TO CREATE THE PRENEED FUNERAL LOSS REIMBURSEMENT FUND AND TO PROVIDE FOR THE PURPOSE AND USES OF MONIES IN THE FUND; TO AMEND SECTION 32-7-45, RELATING TO THE TRANSFER PROCEDURES FOR TRUST FUNDS HELD PURSUANT TO PRENEED BURIAL CONTRACTS, SO AS TO REVISE THESE PROCEDURES; AND TO AMEND SECTION 32-7-50, RELATING TO LICENSURE REQUIREMENTS TO OFFER AND ENTER INTO PRENEED BURIAL CONTRACTS, SO AS TO PROVIDE A PENALTY FOR ENTERING INTO SUCH CONTRACTS WITHOUT BEING LICENSED.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 4075 (Word version) -- Reps. Cato and Tripp: A BILL TO AMEND SECTIONS 38-90-10, 38-90-20, 38-90-40, 38-90-50, 38-90-60, 38-90-140, ALL AS AMENDED, AND SECTION 38-90-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPTIVE INSURANCE COMPANIES, SO AS TO, AMONG OTHER THINGS, AUTHORIZE CAPTIVE INSURANCE COMPANIES TO FORM AS LIMITED LIABILITY COMPANIES; TO IMPOSE A FEE FOR THE USE OF INTERNAL RESOURCES TO EXAMINE AND INVESTIGATE APPLICATIONS FOR LICENSURE; TO INCREASE THE ANNUAL RENEWAL LICENSE FEE; TO ADD A FEE TO RECOVER REASONABLE COSTS OF PROCESSING CERTIFICATIONS; AND TO LIMIT PREMIUM TAXES TO ONE HUNDRED THOUSAND DOLLARS ANNUALLY FOR DIRECT PREMIUM AND ASSUMED REINSURANCE PREMIUMS.
Ordered for consideration tomorrow.
H. 4018 (Word version) -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-180 SO AS TO DEFINE "PROFESSIONAL SPORTS TEAM PLAYER" AND "PLAYER" FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW; AND TO ADD SECTIONS 42-1-330 AND 42-1-340 SO AS AUTHORIZE A PROFESSIONAL SPORTS TEAM PLAYER TO EXEMPT HIMSELF FROM THE WORKERS' COMPENSATION LAW UPON GIVING PROPER NOTICE AND TO PROVIDE FOR THE FORM AND THE MANNER IN WHICH THE NOTICE MUST BE GIVEN.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
S. 414 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 15, TITLE 56 SO AS TO REQUIRE CERTAIN APPLICANTS FOR AN INITIAL NONFRANCHISE AUTOMOBILE DEALER LICENSE TO COMPLETE CERTAIN PRELICENSING EDUCATION COURSES BEFORE THEY MAY BE ISSUED A LICENSE, AND TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL PROMULGATE REGULATIONS TO IMPLEMENT THIS PROVISION.
Ordered for consideration tomorrow.
Rep. KIRSH, from the York Delegation, submitted a favorable report on:
S. 691 (Word version) -- Senator Hayes: A JOINT RESOLUTION AUTHORIZING THE BOARD OF TRUSTEES OF ALL YORK COUNTY SCHOOL DISTRICTS TO IMPOSE AN ADDITIONAL PROPERTY TAX NOT TO EXCEED FOUR MILLS FOR FISCAL YEAR 2003-2004.
Ordered for consideration tomorrow.
The following was introduced:
H. 4243 (Word version) -- Reps. Huggins and McLeod: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE CHAPIN HIGH SCHOOL "EAGLES" AND THEIR COACH, DICK HILLER, ON WINNING THE 2003 CLASS AA BOYS' SOCCER CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION TO BECOME A CHAMPIONSHIP TEAM.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. HUGGINS, with unanimous consent, the following was taken up for immediate consideration:
H. 4244 (Word version) -- Reps. Huggins and McLeod: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE PLAYERS, COACHES, AND STAFF OF THE CHAPIN HIGH SCHOOL BOYS' SOCCER TEAM AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF CONGRATULATING THEM FOR WINNING THE 2003 CLASS AA BOYS' SOCCER CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the players, coaches, and staff of the Chapin High School Boys' Soccer Team at a date and time to be determined by the Speaker for the purpose of congratulating them for winning the 2003 Class AA Boys' Soccer Championship.
The Resolution was adopted.
The following was introduced:
H. 4245 (Word version) -- Reps. Govan, Rhoad, Cobb-Hunter, Hosey and Ott: A CONCURRENT RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA STATE UNIVERSITY "BULLDOGS" MEN'S BASKETBALL TEAM FOR THEIR MANY ACCOMPLISHMENTS DURING THEIR OUTSTANDING 2002-2003 SEASON, AND TO RECOGNIZE HEAD COACH CY ALEXANDER AND HIS STAFF FOR AN EXCEPTIONAL SEASON.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 708 (Word version) -- Senator Malloy: A CONCURRENT RESOLUTION TO EXTEND WARMEST REGARDS AND HEARTFELT CONGRATULATIONS TO MRS. ETHEL ALFORD WHO TURNED NINETY YEARS OF AGE ON MARCH 29, 2003, AND WHO WILL BE HONORED ON THE OCCASION OF THE WILLIAMS FAMILY REUNION IN THE GREAT CITY OF BENNETTSVILLE, ON MAY 23-25, 2003, AND TO EXTEND TO HER CONGRATULATIONS AND GOOD WISHES FOR CONTINUED HAPPINESS AND GOOD HEALTH IN THE YEARS TO COME.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4246 (Word version) -- Rep. Edge: A BILL TO AMEND ARTICLE 3, CHAPTER 59, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING OF HOME INSPECTORS, SO AS TO CONFORM THE ARTICLE TO THE AMERICAN SOCIETY OF HOME INSPECTORS MODEL HOME INSPECTOR LICENSING LEGISLATION, DEFINE CERTAIN TERMS, CREATE THE HOME INSPECTOR LICENSING BOARD
H. 4247 (Word version) -- Rep. Rutherford: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34 SO AS TO PROVIDE FOR THE STANDARDS, REQUIREMENTS, AND PROCEDURES OF TATTOOING CERTAIN PERSONS UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 16-17-700, AS AMENDED, RELATING TO TATTOOING, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO TATTOO ANOTHER PERSON UNLESS THE TATTOO ARTIST MEETS THE ABOVE REQUIREMENTS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 4248 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CHARTER SCHOOL APPEALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2793, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 4249 (Word version) -- Reps. Bowers, Lloyd and R. Brown: A JOINT RESOLUTION TO ALLOW A COUNTY IN WHICH VALUES ATTRIBUTABLE TO A COUNTYWIDE PROPERTY TAX EQUALIZATION AND REASSESSMENT PROGRAM CONDUCTED IN 2001 FOR IMPLEMENTATION IN 2002 AN ADDITIONAL ONE-YEAR DELAY IN IMPLEMENTING THE
H. 4250 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO MOTORIST INSURANCE IDENTIFICATION DATABASE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2820, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
On motion of Rep. HUGGINS, with unanimous consent, the following was taken up for immediate consideration:
H. 4251 (Word version) -- Reps. Huggins, E. H. Pitts and Quinn: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE IRMO HIGH SCHOOL YELLOW JACKETS BOYS' VARSITY SOCCER TEAM, ITS COACHES, AND OTHER SCHOOL OFFICIALS ON A DATE AND TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE 2003 CLASS AAAA STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the Irmo High School Yellow Jackets Boys' Varsity Soccer Team, its coaches, and other school officials on a date and time to be determined by the Speaker for the purpose of being recognized for winning the 2003 Class AAAA State Championship.
The Resolution was adopted.
The following was introduced:
H. 4252 (Word version) -- Reps. Huggins, E. H. Pitts and Quinn: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. TAYLOR, with unanimous consent, the following was taken up for immediate consideration:
H. 4253 (Word version) -- Rep. Taylor: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE MEMBERS, COACHES, AND OTHER OFFICIALS OF THE HILLCREST HIGH SCHOOL SOFTBALL TEAM, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING THEM FOR WINNING THE 2003 CLASS AAAA STATE SOFTBALL CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the members, coaches, and other officials of the Hillcrest High School Softball Team, at a date and time to be determined by the Speaker, for the purpose of recognizing them for winning the 2003 Class AAAA State Softball Championship.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows:
Allen Altman Anthony Bailey Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Coates Cobb-Hunter
Coleman Cooper Cotty Dantzler Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Govan Hamilton Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hosey Howard Huggins Keegan Kennedy Kirsh Koon Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller J. M. Neal Neilson Ott Owens Parks Phillips E. H. Pitts M. A. Pitts Rhoad Rice Richardson Rivers Sandifer Scarborough Sheheen Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith J. E. Smith J. R. Smith W. D. Smith Snow Stewart Stille Talley Taylor Thompson Toole Tripp Umphlett Viers Walker Weeks Whipper White Whitmire Wilkins Young
I came in after the roll call and was present for the Session on Wednesday, May 21.
Douglas Jennings William Clyburn Robert Harrell Todd Rutherford John Scott Lewis E. Pinson Ralph Davenport Alex Harvin
Joseph Neal Skipper Perry William Witherspoon Lewis Vaughn Ronald Townsend Bessie Moody-Lawrence
LEAVE OF ABSENCE
The SPEAKER granted Rep. HAGOOD a leave of absence to attend a funeral of a family member out of state.
The SPEAKER granted Rep. VAUGHN a temporary leave of absence.
The SPEAKER granted Rep. PERRY a temporary leave of absence.
The SPEAKER granted Rep.VAUGHN a leave of absence for Tuesday, May 20 due to an 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, May 20.
Announcement was made that Dr. William Hester of Florence is the Doctor of the Day for the General Assembly.
Rep. LOURIE presented to the House the Richland Northeast High School Model United Nations Team for winning their fourteenth international championship and their sponsor-adviser.
Rep. LOURIE presented to the House the Richland Northeast High School "Cavaliers" Boys Tennis Team, the 2003 Class AAAA Tennis Champions and their coach.
Rep. PHILLIPS presented to the House the Gaffney High School "Indians" Golf Team, the 2003 Class AAAA State Champions, their coach and other school officials.
Reps. HUGGINS, E. H. PITTS and QUINN presented to the House the Irmo High School Yellow Jackets Boys Varsity Soccer Team, the 2003 Class AAAA State Champions, their coaches and other school officials.
Reps. HUGGINS and MCLEOD presented to the House the Chapin High School Boys Soccer Team, the 2003 Class AA State Champions, their coach and other school officials.
Rep. TAYLOR and the Greenville Delegation presented to the House the Hillcrest High School Softball Team, the 2003 Class AAAA State Champions, their coaches and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4048 (Word version)
Date: ADD:
05/21/03 WHITE
Bill Number: H. 3612 (Word version)
Date: ADD:
05/21/03 MCLEOD
Bill Number: H. 3863 (Word version)
Date: REMOVE:
05/21/03 OWENS
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 4220 (Word version) -- Reps. Clemmons, Barfield, Keegan, Viers and Witherspoon: A BILL TO ALLOW THE GOVERNING BODY OF HORRY COUNTY BY ORDINANCE TO REQUIRE THE LISTING OF STRUCTURAL IMPROVEMENTS AND ANY RESULTING CHANGES IN USE FOR REAL PROPERTY WITHIN THIRTY DAYS FOLLOWING THE DAY ON WHICH THE IMPROVEMENTS ARE COMPLETED AND FIT FOR THE INTENDED USE AND PROVIDE EXCEPTIONS, AND TO MAKE TAXES ATTRIBUTABLE TO IMPROVEMENTS LISTED AFTER JUNE 30 OF THE PROPERTY TAX YEAR DUE AND PAYABLE WHEN TAXES ARE DUE AND PAYABLE ON THE PROPERTY FOR THE SUCCEEDING PROPERTY TAX YEAR.
H. 3281 (Word version) -- Rep. Townsend: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SCHOOL DISTRICT NO. 2 OF ANDERSON COUNTY MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
H. 4007 (Word version) -- Rep. Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-82 SO AS TO SPECIFY CERTAIN FUNCTIONS AND PROCEDURES THAT MAY NOT BE DELEGATED TO DENTAL HYGIENISTS; TO AMEND SECTION 40-15-85, AS AMENDED, RELATING TO DEFINITIONS OF TERMS USED IN THE LICENSURE AND REGULATION OF DENTISTS AND DENTAL HYGIENISTS, SO AS TO REVISE THE DEFINITION OF "GENERAL SUPERVISION" AND TO DEFINE "AUTHORIZED"; BY ADDING SECTION 40-15-102 SO AS TO SPECIFY CERTAIN FUNCTIONS THAT A DENTAL HYGIENIST MAY ONLY PERFORM UNDER GENERAL SUPERVISION; AND TO AMEND SECTION 40-15-110, RELATING TO CERTAIN EXEMPTIONS FROM THE REQUIREMENTS OF CHAPTER 15, TITLE 40 REGULATING DENTISTS AND DENTAL HYGIENISTS, SO AS TO REVISE PROVISIONS PERTAINING TO DENTAL HYGIENISTS PROVIDING SERVICES IN A PUBLIC HEALTH SETTING.
H. 3909 (Word version) -- Reps. Lucas and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 19, TITLE 56 SO AS TO PROVIDE A UNIFORM PROCEDURE TO RETIRE THE TITLE CERTIFICATE TO CERTAIN MANUFACTURED HOMES AFFIXED TO REAL PROPERTY AND TO PROVIDE FOR THE CREATION OF A PROCEDURE BY WHICH A MANUFACTURED HOME AFFIXED TO REAL PROPERTY MAY BE SUBJECT TO A MORTGAGE ON THE REAL PROPERTY TO WHICH THE MANUFACTURED HOME IS AFFIXED.
The following Bill was taken up:
S. 10 (Word version) -- Senators Ravenel, Mescher and Grooms: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CREATION OF THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE FOR THE ELECTION OF SCHOOL TRUSTEES IN PARTISAN INSTEAD OF NONPARTISAN ELECTIONS BEGINNING IN 2004 AND FOR THE NOMINATION, TERMS, AND ELECTION PROCEDURES OF CANDIDATES FOR THESE OFFICES.
Rep. ALTMAN moved cloture on the entire matter, which was agreed to by a division of 7 to 5.
Rep. BREELAND made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:
S. 550 (Word version) -- Senator Leatherman: A JOINT RESOLUTION TO ALLOW THE DEPARTMENT OF REVENUE AND THE STATE TREASURER'S OFFICE TO ADJUST MISALLOCATIONS OF
The following Bill and Joint Resolution were taken up, read the third time, and ordered returned to the Senate with amendments:
S. 28 (Word version) -- Senators Knotts and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-5090 SO AS TO PROVIDE A DESIGNATION ON THE STATE INDIVIDUAL INCOME TAX RETURN ALLOWING A TAXPAYER TO MAKE A CONTRIBUTION TO THE SOUTH CAROLINA LAW ENFORCEMENT ASSISTANCE PROGRAM AND TO PROVIDE FOR THE USE OF THE CONTRIBUTIONS MADE PURSUANT TO THIS DESIGNATION.
S. 581 (Word version) -- Senator Hawkins: A JOINT RESOLUTION TO NAME THE NEW NATIONAL GUARD ARMORY LOCATED ON THE UNIVERSITY OF SOUTH CAROLINA - SPARTANBURG CAMPUS THE "DARWIN H. SIMPSON UNIVERSITY READINESS CENTER" IN RECOGNITION OF MAJOR GENERAL SIMPSON'S PASSIONATE PURSUIT AND TIRELESS EFFORTS IN THE CREATION, FUNDING, AND IMPLEMENTATION OF THIS IMPORTANT NATIONAL GUARD ARMORY.
The following Bill was taken up:
S. 560 (Word version) -- Senators Leatherman, Ritchie, Knotts, Grooms, Verdin, Giese, Branton, Mescher, McConnell, McGill, J. V. Smith, Alexander, Martin, Short, Moore, Ravenel, O'Dell, Drummond, Hayes and Setzler: A BILL TO ENACT THE SOUTH CAROLINA LIFE SCIENCES ACT, BY DEFINING A LIFE SCIENCES FACILITY AND PROVIDING THAT A LIFE SCIENCES FACILITY PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION
(B) For purposes of this section, a "life sciences facility" means a business engaged in pharmaceutical, medicine, and related laboratory instrument manufacturing, processing, or research and development. Included in this definition are the following North American Industrial Classification Systems, NAICS Codes published by the Office of Management and Budget of the federal government:
(1) 3254 Pharmaceutical and Medical Manufacturing;
(2) 334516 Analytical Laboratory Instrument Manufacturing.
(C)(1) For all purposes of Chapter 10, Title 12 of the 1976 Code, the Enterprise Zone Act of 1995, including all definitions applicable to that chapter:
(a) Employee relocation expenses that qualify for reimbursement pursuant to Section 12-10-80(C)(3)(f) of the 1976 Code include such expenses associated with a new or expanded life sciences facility investing a minimum of one hundred million dollars in the project, as defined in Section 12-10-30(8) of the 1976 Code, and creating at least two hundred new full-time jobs at the project with an average annual cash compensation of at least one hundred fifty percent of annual per capita income in this State or the county in which the facility is located, whichever is less. Per capita income must be determined using the most recent per capita income data available as of the end of the taxable year in which the jobs are filled.
(b) The waiver that may be approved by the Coordinating Council for Economic Development pursuant to Section 12-10-80(D)(2) of the 1976 Code on maximum job development credits that may be claimed also may be approved for a life sciences facility meeting the requirements of subitem (a) of this subsection. In determining whether to approve a waiver for such a facility, the Coordinating Council for Economic Development shall consider the creditworthiness of the business and economic viability of the project, as defined in Section 12-10-30(8) of the 1976 Code.
(2) The provisions of item (1) of this subsection apply with respect to capital investment made and new jobs created after June 30, 2004, and before July 1, 2008.
(D) In the case of a taxpayer establishing a life sciences facility meeting the requirements of subsection (C)(1)(a) of this section, the South Carolina Department of Revenue, in its discretion, may enter into an agreement with the taxpayer pursuant to Section 12-6-2320 of the 1976 Code for a period not to exceed fifteen years if the facility otherwise meets the requirements of that section.
SECTION 2. A. Section 12-37-930(34) of the 1976 Code, as last amended by Section 3(Q)2, Act 399 of 2000, is further amended to read:
"34. Use of Clean Rooms ............... 10% 15%
A manufacturer who uses a Class 100 or better clean room, as that term is defined in Federal Standard 209E, in manufacturing its product may elect an annual allowance for depreciation for property tax purposes of ten fifteen percent on clean room modules and associated mechanical systems, and on process piping, wiring environmental systems, and water purification systems associated with the clean room instead of a depreciation allowance for which the manufacturer otherwise is entitled. Included are waffle flooring, wall and ceiling panels, foundation improvements that isolate the clean room to control vibrations, clean air handling and filtration systems, piping systems for fluids and gases used in the manufacturing process and in the clean room that touch the product during the process, flat panel displays, and liquid crystal displays, process equipment energy control systems, ultra pure water processing and wastewater recycling systems, and safety alarm and monitoring systems.
35. Life sciences............................. 20%
Includes machinery and equipment used directly in the manufacturing process by a life sciences facility. For purposes of this item, life sciences facility means a business engaged in pharmaceutical, medicine, and related laboratory instrument manufacturing, processing, or research and development that invests a minimum of one hundred million dollars in the project, as defined in Section 12-10-30(8), and creates at least two hundred new full-time jobs at the project with an average cash compensation level of at least one hundred fifty percent of the annual per capita income in this State or the county in which the facility is located, whichever is less. Per capita income must be determined using the most recent per capita income data available as of the end of the taxable year in which the jobs are filled. Included in this definition are the following North American Industrial Classification Systems, NAICS Codes published by the Office of Management and Budget of the federal government:
(i) 3254 Pharmaceutical and Medical Manufacturing;
(ii) 334516 Analytical Laboratory Instrument Manufacturing."
B. In the case of machinery and equipment otherwise eligible for the depreciation allowed pursuant to Section 12-37-930 of the 1976 Code, as amended in subsection A of this section, if the project with which the machinery and equipment is associated is the subject of an inducement agreement between the project sponsor and the county, the initial inducement agreement must have been entered into between these parties after September 1, 2003.
SECTION 3. A. Chapter 41, Title 11 of the 1976 Code, is amended by adding:
"Section 11-41-45. No economic development bonds shall be issued pursuant to this chapter to defray the cost of research and development facilities unless the research university that shall own the research and development facilities demonstrates to the secretary that it has available funds which shall be applied to defray the cost of the research and development facilities in an amount equal to one-half of the principal amount of the economic development bonds. The matching funds required under this section must be made available as the secretary determines."
B. Section 11-41-20(3) of the 1976 Code, as added by Act 254 of 2002, is amended to read:
"(3) In order to foster economic development and to encourage the creation of high-paying jobs in the life sciences industry and to encourage the creation of research and development facilities for life sciences at research universities within the State, 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 required for significant economic development projects within the State, including those related to the life sciences industry that create high-paying jobs and meet certain investment criteria and to provide for the creation of research and development facilities within the limitations provided in this chapter; and that a designated principal amount of general obligation bonds issued pursuant to the existing debt limit and the debt limit as increased by this section be provided additional constitutional authorization pursuant to Article X, Section 13(5) of the Constitution of this State, 1895."
"Section 11-41-30. As used in this chapter:
(1) 'Department' means the State Department of Commerce.
(2)(a) 'Economic development project' or 'project' means a project in this State as defined in Section 12-44-30(16) in which a total of at least four hundred million dollars is invested in the project 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.
(b) 'Project' also includes a life sciences facility in this State defined as a business engaged in pharmaceutical, medicine, and related laboratory instrument manufacturing, processing, or research and development. Included in this definition are the following North American Industrial Classification Systems, NAICS Codes published by the Office of Management and Budget of the federal government:
(i) 3254 Pharmaceutical and Medical Manufacturing;
(ii) 334516 Analytical Laboratory Instrument Manufacturing.
With respect to a life sciences facility, the sponsor must invest in the project at least one hundred million dollars and create at the project at least two hundred new jobs with an average annual cash compensation level of at least twice the annual per capita income in this State. Per capita income must be determined by using the most recent per capita income data available at the time the request for funding is made pursuant to this chapter.
(c) To qualify as an economic development project under either subitem (a) or (b) of this item 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.
(3) 'Infrastructure' must relate specifically to, but is not required to be located at, 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 therefor.
(4) '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) (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 any entity or 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.
(6) 'Research and development facility' means a facility, including all necessary dry and wet laboratories, office space, lecture halls, conference rooms, equipment and administrative support spaces owned by a research university that would advance the development of the life sciences industry in the State by providing the necessary infrastructure that would be used by the research university and private entrepreneurs to promote the pursuit of intellectual property, to incubate emerging businesses, and to develop pilot commercial and manufacturing establishments.
(7) 'Research universities' means Clemson University, the Medical University of South Carolina, and the University of South Carolina - Columbia.
(8) 'Secretary' means the Secretary of the department.
(5)(9) 'Sponsor' means a sole proprietor, partnership, corporation of any classification, limited liability company, or
(6)(10) 'State general obligation economic development bonds' or 'economic development bonds' or 'bonds' means general obligation bonds of this State issued under the authority of this chapter."
D. Section 11-41-40 of the 1976 Code, as added by Act 254 of 2002, is amended to read:
"Section 11-41-40. To obtain funds for allocation to the department for financing of (1) infrastructure and (2) research and development facilities, there are issued from time to time state general obligation economic development bonds under the conditions prescribed by this chapter."
E. Section 11-41-50 of the 1976 Code, as added by Act 254 of 2002, is amended to read:
"Section 11-41-50. (A) Pursuant to Article X, Section 13(6)(c) of the Constitution of this State, 1895, the General Assembly provides that economic development bonds may be issued under this chapter only at such times as the maximum annual debt service on all general obligation bonds of the State, including economic development bonds outstanding and being issued, but excluding highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes, must will not exceed five and one-half percent of the general revenues of the State for the fiscal year next preceding, excluding revenues which are authorized to be pledged for state highway bonds and state institution bonds. The State at any time must may not have outstanding issue general obligation bonds, excluding economic development bonds, highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes, if at the time of issuance the maximum annual debt service on which all such general obligation bonds, outstanding and being issued exceeds five percent of the general revenues of the State for the fiscal year next preceding, excluding revenues which are authorized to be pledged for state highway bonds and state institution bonds.
(B) With respect to the first seven hundred 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) of this section, the General Assembly provides additional constitutional authorization for such bonds pursuant to Article X, Section 13(5), of the Constitution of this State, 1895."
F. Section 11-41-60 of the 1976 Code, as added by Act 254 of 2002, is amended to read:
"Section 11-41-60. At the time of issuance of economic development bonds pursuant to this chapter, the maximum annual debt service on such bonds issued pursuant to this chapter 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."
G. Section 11-41-70 of the 1976 Code, as added by Act 254 of 2002, is amended to read:
"Section 11-41-70. (A) Before issuing economic development bonds to defray the cost of 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 infrastructure;
(2) a description of the infrastructure for which the bonds are to be issued, including a certification by the secretary of the department that each the economic development project to benefit from the expenditure of the proceeds of the bonds consists of the following:
(a) an investment in the State by the sponsor at the project of not less than four hundred million dollars and creates creation at the project of no fewer than four hundred new jobs; or
(b) in the case of a life sciences facility, an investment by the sponsor in the project of not less than one hundred million dollars and creation at the project of no fewer than two hundred new jobs with an average cash compensation of at least twice the per capita income in this State. Per capita income must be determined by using the most recent per capita income data available at the time the request for funding is made pursuant to this chapter.
(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 all bonds then outstanding; and
(5) the total amount of all bonds issued.
(B) Before issuing economic development bonds to defray the cost of the research and development facilities, 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 research and development facilities;
(2) a description of the proposed research and development facilities for which the bonds are to be issued, including a certification by the secretary that matching funds required by Section 11-41-45 have been made available by the research university which shall own the research and development facilities and a schedule showing the source and amount of such matching funds;
(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 all bonds then outstanding; and
(5) the total amount of all bonds issued."
H. Section 11-41-120 of the 1976 Code, as added by Act 254 of 2002, is amended to read:
"Section 11-41-120. All bonds issued under this chapter must be signed by the Governor and the State Treasurer and attested by the Secretary of State. The Governor, and 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 and each must be attested by the Secretary of State. The delivery of the bonds executed and authenticated, as provided in the resolution, is valid notwithstanding changes in officers or seal occurring after the execution or authentication."
SECTION 4. Beginning January 1, 2005, the Department of Revenue annually shall report to the Joint Committee on Taxation the revenue impact of this act, and the Department of Commerce annually shall report the cost and benefit of this act, together with the job creation and capital investment made by qualifying businesses.
SECTION 5. 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.
SECTION 6. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. HARRELL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Altman Anthony Bailey Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown R. Brown Cato Ceips Chellis Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Freeman Gilham Gourdine Govan Hamilton Harrell Harrison Haskins Herbkersman J. Hines M. Hines Hinson Hosey Huggins Keegan Kirsh Leach Littlejohn Lloyd Loftis Lourie Lucas Mack Mahaffey Martin McGee McLeod Merrill Miller J. M. Neal Neilson Ott Owens Parks Phillips Pinson E. H. Pitts Rice Richardson Rutherford Sandifer Scarborough Scott Sheheen Simrill Sinclair Skelton D. C. Smith G. M. Smith J. R. Smith W. D. Smith Snow Stewart Stille Talley Taylor Thompson Tripp Umphlett Viers Walker Weeks
Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
So, the Bill, as amended, having received the necessary two-thirds vote was read the second time and ordered to third reading.
The following Bill was taken up:
S. 516 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO EXTEND THE DEFINITION OF "NEW JOB" TO INCLUDE JOBS MAINTAINED WHEN AN UNRELATED ENTITY ACQUIRES SUBSTANTIALLY ALL OF THE ASSETS OF A COMPANY OPERATING UNDER CHAPTER 11 OF THE UNITED STATES BANKRUPTCY CODE, MORE THAN FIVE HUNDRED INDIVIDUALS ARE HIRED WHO WERE LAST EMPLOYED BY THE BANKRUPT TAXPAYER, AND THE JOBS ARE IN A MANUFACTURING FACILITY LOCATED IN A COUNTY CLASSIFIED AS DISTRESSED OR LEAST DEVELOPED.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22184HTC03), which was adopted:
Amend the bill, as and if amended, by striking the fourth undesignated paragraph of Section 12-6-3360(M)(3) as contained in SECTION 1, page 2, lines 23 through 33 and inserting:
/ Notwithstanding any other provision of law, 'new job' includes jobs created by a taxpayer when the taxpayer hires more than five hundred full-time individuals:
(a) at a manufacturing facility located in a county classified as least developed;
(b) immediately before their employment by the taxpayer, the individuals were employed by a company operating under Chapter 11 of the United States Bankruptcy Code; and
(c) the taxpayer, as an unrelated entity, acquires as of July 10, 2002, substantially all of the assets of the company operating under Chapter 11 of the United States Bankruptcy Code." /
Amend the bill further, as and if amended, by adding an appropriately numbered penultimate section to read:
/ SECTION ____. A. Section 12-20-50 of the 1976 Code is amended by adding a new subsection at the end to read:
"(C) In addition to the provisions of subsection (B) of this section, a holding company may reduce its paid-in capital surplus by the portion of contributions to capital received from its parent corporation that is directly or indirectly used to finance a subsidiary's expansion costing in excess of one hundred million dollars, which on the date construction started is located in an Economic Impact Zone as defined in Section 12-14-30. A reduction is only allowed pursuant to this subsection for the paid-in capital surplus of the holding company attributable to this contribution to capital for expansion. Additionally, no reduction is allowed unless the expansion is completed within three years of the first contribution to capital received by the holding company, but this three-year limitation may be extended by the Department of Revenue upon written application and good cause shown. Amounts previously excluded in paid-in capital surplus pursuant to this subsection must be included in the first license tax year beginning after the period allowed for the expansion if the expansion is not timely completed."
B. Notwithstanding the general effective date of this act, this section takes effect upon approval of this act by the Governor and applies for contributions to capital for expansion made after August 2002. /
Renumber sections to conform.
Amend title to conform.
Rep. MCGEE explained the amendment.
The amendment was then adopted.
Rep. BOWERS proposed the following Amendment No. 2 (Doc Name COUNCIL\GGS\22210HTC03), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
Rep. BOWERS explained the amendment.
Rep. KEEGAN raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
Rep. BOWERS argued contra.
SPEAKER WILKINS stated that in accordance with Rule 9.3, Amendment No. 2 was not germane to the Bill. He therefore sustained the Point of Order and ruled the amendment out of order.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 4025 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTION 12-36-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAXATION, SO AS TO TAX ONLY THE TAXABLE PORTION OF THE GROSS PROCEEDS FROM A TELECOMMUNICATIONS BUNDLED TRANSACTION.
Rep. HARRELL explained the Bill.
The following Bill was taken up:
H. 4048 (Word version) -- Reps. J. R. Smith, Scarborough, Neilson, Cotty, Anthony, Bailey, Barfield, Cato, Ceips, Clark, Clemmons, Coates, Cooper, Davenport, Duncan, Edge, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hinson, Huggins, Keegan, Leach, Limehouse, Loftis,
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\1615MM03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting clause and inserting:
/ SECTION 1. The General Assembly finds that:
(1) flexibility in the use of funding provides opportunities for fiscal efficiencies and maximum benefit to students;
(2) limiting the number of funding categories should reduce management and accounting requirements;
(3) programs established by statute or regulation must be continued to meet the needs of individual students or to compensate and reward teachers; and
(4) the State has a continuing responsibility to support the operations, infrastructure, and safety of schools.
Section 59-155-10. This chapter may be cited as the 'S.M.A.R.T. (Streamlined Management and Accounting Resources for Teaching) Funding in Education Act'.
Section 59-155-20. (A) There is established a fund management and accounting program, called 'S.M.A.R.T. Funding in Education', that, beginning July 1, 2004, must consolidate all program funding to the state's school districts and special schools for enhanced flexibility in their operations of grades K-12.
(B)(1) S.M.A.R.T. funding must be allocated in accordance with statutory and regulatory program funding requirements to each school district and must be spent in six general categories:
(a) quality teaching;
(b) instruction;
(c) technical assistance;
(d) operations, infrastructure, and safety;
(e) workforce education; and
(f) special needs.
(2) The programs designated within each general category are:
(a) quality teaching: critical teaching needs, National Board Certification-Incentive Reimbursement, National Board Certification-Salary Supplement, teacher salary supplement, school employer contributions, principal salary/fringe increase, fringe benefits employer contributions, retiree insurance, health/dental benefits, ADEPT;
(b) instruction: arts in education, advanced placement, gifted and talented, academic assistance K-3, academic assistance 4-12, excellence in middle schools, increase high school diploma requirements, alternative schools program, EAA reduce class size grades 1-3, K-5 competitive grants, four-year-old child development, school innovation funds, base student cost;
(c) technical assistance: EAA homework center grants, EAA retraining grants, EAA summer school/comprehensive remediation;
(d) operations, infrastructure, and safety: reallocation of EIA funds, school bus driver salary supplement and fringe, school lunch supervisor salary, school lunch program aid, State School Building Aid, Children's Education Endowment, school safety officers, technology funding from education license plates, attendance supervisor salary;
(e) workforce education: parenting/family literacy, career and technology education equipment, adult education, nursing program, School-to-Work Transition Act; and
(f) special needs: trainable and profoundly mentally disabled student services, handicapped transportation-bus driver aides, handicapped transportation-special needs students contract reimbursement, and preschool programs for children with disabilities.
(C)(1) Within the parameters of item (2), each school district must allocate S.M.A.R.T. funds among programs within the specified general categories and between general categories as it determines is most effective for the achievement of that individual local district's educational objectives pursuant to Chapter 139 of Title 59 and to ensure that students are equipped with a strong academic foundation.
(2) A local school district board of trustees may transfer up to one hundred percent of funds among programs designated within the same general category once the district has fulfilled the statutory and regulatory program requirements. A school district may transfer up to twenty percent of these funds from one general category to other general categories. A transfer may not deny an educator basic or supplementary compensation provided by statute. A transfer may not waive or reduce funds required for a program match in a district choosing to continue a federal program requiring matching funds.
(3) A school district with fifty percent or more of its schools earning an unsatisfactory absolute rating may utilize the provisions of this chapter pursuant to the requirements for flexibility in Section 59-18-1120 of the Education Accountability Act.
Section 59-155-30. (A) The General Assembly and the Governor, beginning with the annual general appropriations act for fiscal year 2004-2005, shall adjust the format of the general appropriations act to reflect the categories of this chapter.
(B) The State Department of Education must provide the details of transfers by local school districts to members of the General Assembly upon request. A school district may carry forward unexpended funds from the previous fiscal year into the next fiscal year to be used for the original purpose.
Section 59-155-40. (A) The State Board of Education must promulgate regulations or publish guidelines necessary to effectuate the provisions of this chapter including, but not limited to, a procedure for the review of all transfers authorized by this chapter.
(B) The State Department of Education shall adopt and implement an accounting procedure between the department and each
Section 59-155-50. The State Department of Education shall review the utilization of the flexibility and transfer provisions of this chapter and report by district to the General Assembly the changes in the proportion of funds spent in each of the six categories, the benefit to students, and the fiscal efficiencies achieved before and after implementation of this chapter."
SECTION 3. Upon approval by the Governor this act takes effect July 1, 2003. /
Renumber sections to conform.
Amend title to conform.
Rep. COTTY explained the amendment.
The amendment was then adopted.
Reps. OTT and HAYES proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\20644SD03), which was ruled out of order:
Amend the bill, as and if amended, by adding a new section to be appropriately numbered to read:
/SECTION _____. On July 1, 2003, the Education Oversight Committee is abolished and its powers, duties, and functions devolved upon the State Department of Education. /
Renumber sections to conform.
Amend title to conform.
Rep. OTT explained the amendment.
The SPEAKER granted Rep. LOURIE a leave of absence to testify in court.
Rep. OTT continued speaking.
Rep. COTTY raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
Rep. OTT argued contra.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. CLEMMONS moved that the House recur to the Morning Hour, which was agreed to.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
H. 3891 (Word version) -- Reps. Quinn, Herbkersman, Altman, Anthony, Bailey, Bingham, G. Brown, J. Brown, Cato, Clemmons, Cobb-Hunter, Duncan, Edge, Gilham, Harrison, Harvin, Haskins, Hayes, J. Hines, Lee, Littlejohn, Lucas, Mahaffey, McGee, Merrill, Parks, M. A. Pitts, Scarborough, F. N. Smith, J. E. Smith, Talley, Toole, Umphlett, Viers, Young and Pinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 47, TITLE 40 SO AS TO ENACT THE ACUPUNCTURE ACT OF SOUTH CAROLINA TO ESTABLISH THE ACUPUNCTURE ADVISORY COMMITTEE TO BE APPOINTED BY THE BOARD OF MEDICAL EXAMINERS AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO ESTABLISH REQUIREMENTS FOR LICENSURE AND LICENSURE RENEWAL AS AN ACUPUNCTURIST, AN AURICULAR THERAPIST, AND AN AURICULAR DETOXIFICATION THERAPIST AND TO ESTABLISH LICENSURE AND RENEWAL FEES; TO AUTHORIZE TEMPORARY LICENSURE OF CERTAIN INDIVIDUALS CURRENTLY PRACTICING UNTIL AN INDIVIDUAL SATISFIES THE LICENSURE REQUIREMENTS OF THIS ARTICLE; TO ESTABLISH CRITERIA FOR THE LICENSURE OF OTHER ACUPUNCTURISTS CURRENTLY PRACTICING; TO PROHIBIT PRACTICING AS AN
The following was introduced:
H. 4254 (Word version) -- Rep. Richardson: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES UPON THE DEATH OF COLONEL LOGAN E. WESTON OF FORT MILL IN YORK COUNTY AND TO CONVEY DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 4255 (Word version) -- Rep. Richardson: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF STEPHEN RICHARDS MCCRAE, SR., OF ROCK HILL, A DISTINGUISHED ARTIST AND DESIGNER AND A RENOWNED PATRON OF THE
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4256 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MRS. JEANETTE M. RAMBO FOR HER OUTSTANDING SERVICE AS A MEMBER AND PAST CHAIRMAN OF THE DARLINGTON COUNTY DISABILITIES AND SPECIAL NEEDS BOARD AND FOR HER DISTINGUISHED SERVICE TO HER COMMUNITY, COUNTY, AND STATE ON BEHALF OF THOSE CITIZENS LESS ABLE TO DO FOR THEMSELVES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4257 (Word version) -- Reps. Young, Govan, Kirsh and Richardson: A CONCURRENT RESOLUTION TO EXTEND THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE SOUTH CAROLINA CHIROPRACTIC ASSOCIATION FOR THE SERVICES ITS MEMBERS PROVIDED TO THE GENERAL ASSEMBLY DURING THE 2003 LEGISLATIVE SESSION THROUGH THE "CHIROPRACTOR OF THE WEEK" PROGRAM.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was taken up:
H. 3489 (Word version) -- Reps. Cotty, Gilham, Clemmons, Witherspoon, Edge, Altman, Barfield, Bingham, R. Brown, Chellis, Cooper, Duncan,
Reps. KIRSH, THOMPSON, SANDIFER, BAILEY, BALES, J. E. SMITH, WHITE, SNOW, MCLEOD, SKELTON, HOSEY, LEACH, VIERS, ANTHONY, DAVENPORT, HAYES, WITHERSPOON, NEILSON, HARRELL, RHOAD and COTTY requested debate on the Bill.
The following Bill was taken up:
H. 3612 (Word version) -- Reps. Littlejohn, Bailey, Cotty, Anthony, Whipper, Mahaffey, R. Brown, J. H. Neal, Rutherford, Frye, Bales, Bowers,
Reps. KIRSH, RICE, WALKER, BALES, HAYES, MILLER, LITTLEJOHN, COLEMAN and LEACH requested debate on the Bill.
Rep. GILHAM moved to adjourn debate upon the following Bill until Thursday, May 22, which was adopted:
H. 3739 (Word version) -- Reps. Ceips, Whipper, M. A. Pitts, Altman, Anthony, Bailey, Battle, Cato, Clark, Dantzler, Duncan, Emory, Hamilton, Harrison, Haskins, Herbkersman, Keegan, Kirsh, Koon, Leach, Littlejohn, Mahaffey, Martin, McCraw, Miller, J. M. Neal, Phillips,
On motion of Rep. WHITE, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs:
H. 3987 (Word version) -- Rep. White: A BILL TO AMEND SECTION 44-7-2910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL RECORD CHECKS FOR DIRECT CAREGIVERS IN NURSING HOMES AND OTHER FACILITIES PROVIDING CARE TO ADULTS, SO AS TO REQUIRE A FACILITY TO COMMENCE A CRIMINAL RECORD CHECK WITHIN SEVEN DAYS OF EMPLOYING OR CONTRACTING WITH A DIRECT CAREGIVER, TO REQUIRE EMPLOYMENT AGENCIES PLACING DIRECT CAREGIVERS TO HAVE SUCH CHECKS CONDUCTED AND TO MAINTAIN A RECORD OF THE RESULTS OF THE CHECK AT THE EMPLOYMENT AGENCY, TO DELETE FACULTY AND STUDENTS IN EDUCATIONAL PROGRAMS IN DIRECT CARE FACILITIES FROM THE DEFINITION OF "DIRECT CAREGIVER", TO REQUIRE A DIRECT CAREGIVER ANNUALLY TO SIGN A STATEMENT THAT HE HAS NOT BEEN CONVICTED OF CERTAIN ENUMERATED CRIMES, AND TO DELETE PROVISIONS EXEMPTING CAREGIVER APPLICANTS WHO ARE RESIDENTS OF NORTH CAROLINA OR GEORGIA FROM A FEDERAL CRIMINAL RECORD CHECK.
On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
Debate was resumed on the Veto on the following Act:
(R76) H. 3218 (Word version) -- Reps. Hinson, Altman, Bailey, Umphlett, Simrill, Viers, Richardson and Ceips: A JOINT RESOLUTION DIRECTING THE STATE BUDGET AND CONTROL BOARD, AFTER OBTAINING THE APPROVAL OF THE STATE HOUSE COMMITTEE AS TO DESIGN AND LOCATION, TO PROCEED WITH CONSTRUCTION OF THE SOUTH CAROLINA LAW ENFORCEMENT OFFICERS MEMORIAL ON THE GROUNDS OF THE CAPITOL COMPLEX USING STATE FUNDS PROVIDED FOR THE PURPOSE AND PRIVATE CONTRIBUTIONS.
Rep. M. A. PITTS spoke against the Veto.
Rep. MARTIN spoke in favor of the Veto.
Rep. HARRELL spoke against the Veto.
Rep. OTT spoke in favor of the Veto.
Rep. RUTHERFORD spoke in favor of the Veto.
Rep. LIMEHOUSE spoke against the Veto.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Altman Anthony Bailey Bales Barfield Battle Bingham Branham
G. Brown Cato Ceips Chellis Clemmons Clyburn Coates Coleman Cooper Cotty Dantzler Davenport Duncan Edge Emory Freeman Gilham Gourdine Hamilton Harrell Harvin Haskins Hayes Herbkersman Hinson Huggins Keegan Kennedy Kirsh Koon Leach Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mahaffey McCraw McGee McLeod Merrill J. M. Neal Neilson Perry Phillips Pinson M. A. Pitts Quinn Rhoad Richardson Rivers Rutherford Sandifer Scarborough Scott Sheheen Simrill Sinclair Skelton F. N. Smith G. M. Smith J. E. Smith J. R. Smith W. D. Smith Snow Stille Talley Taylor Thompson Toole Tripp Umphlett Viers Walker White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Breeland Clark Cobb-Hunter Delleney Frye Govan J. Hines M. Hines Hosey Howard Mack Martin Miller J. H. Neal Ott Owens E. H. Pitts Rice D. C. Smith Stewart Weeks
I was temporarily out of the Chamber when the veto was considered. I would have voted to sustain.
Rep. Doug Jennings
I am very disapppointed that even though the Governor said that he would raise the money and the monument would be built, that the Chairman of Ways and Means had rather protect his budget than help living law enforcement officers and their families. Our process does allow for money to be transferred, if approved. I have always supported law enforcement and I will continue to do so.
Rep. Becky R. Martin
The Senate amendments to the following Bill were taken up for consideration:
H. 3713 (Word version) -- Reps. Wilkins, W. D. Smith, Harrell, Harrison, Cato, Witherspoon, Chellis, Townsend, J. Brown and Keegan: A BILL TO AMEND SECTION 23-3-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCLUSIVE JURISDICTION AND STATEWIDE AUTHORITY OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, SO AS TO PROVIDE THAT THIS JURISDICTION AND AUTHORITY INCLUDES ESTABLISHING AND OPERATING TACTICAL RESPONSE LAW ENFORCEMENT UNITS, COORDINATING COUNTER TERRORISM EFFORTS IN OR AFFECTING THIS STATE, COORDINATING FEDERAL GRANTS ASSOCIATED WITH HOMELAND SECURITY, CREATING COUNCILS ASSOCIATED WITH ITS MISSION, AND SERVING AS THE GOVERNOR'S REPRESENTATIVE TO THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY.
Reps. HARRELL and YOUNG proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20631SD03), which was ruled out of order:
"Section 61-2-135. Notwithstanding any other provision of law, beginning July 1, 2003, all initial alcohol license application fees shall be increased by one hundred dollars, all biennial alcoholic beverage fees, licenses, and permits shall be increased by two hundred dollars, and all local operation permit fees shall be increased by fifty dollars. These additional funds shall be collected by the Department of Revenue and as soon as practicable allocated to the State Law Enforcement Division to offset the costs of inspections, investigations, and enforcement of this title. The State Law Enforcement Division is authorized to receive, expend, and carry forward these funds." /
Renumber sections to conform.
Amend title to conform.
Rep. HARRELL explained the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 1 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS stated that the Bill dealt with SLED procedures in relation to the operations of the Department of Homeland Security, but the amendment attempted to increase alcohol license fees by $100. He therefore sustained the Point of Order and ruled the amendment out of order.
Rep. HARRISON proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\11785AC03), which was adopted:
Amend the bill, as and if amended, Section 54-17-20, page 3 after line 13 by inserting:
/ (9) 'Memorandum of Agreement' means a document executed by the Governor on behalf of the State with the Department of the Navy, detailing fiduciary duties, potential liability, and federal support issues for a South Carolina Naval Militia./
Amend the bill further, Section 54-17-30(6), page 3 line 29 by deleting /, who shall serve as a nonvoting member/
Amend the bill further, Section 54-17-40, page 4 line 21 by deleting /The/ and inserting /Upon maintaining a Memorandum of Agreement with the Department of Navy, the/.
Rep. HARRISON explained the amendment.
Rep. HARRISON spoke in favor of the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration:
S. 228 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 6, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALCOHOL BEVERAGE CONTROL ACT, SO AS TO ADD SECTION 61-6-710, ESTABLISHING A SPECIAL FOOD MANUFACTURER'S LICENSE TO BE ISSUED BY THE DEPARTMENT OF REVENUE FOR A PERSON WHO
Rep. HARRISON explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3673 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 20-7-776, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
Rep. HARRISON explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3990 (Word version) -- Reps. Limehouse, Hagood, Breeland, Ceips, Hamilton, Harrell, Mack and Scarborough: A BILL TO AMEND ARTICLE 62, CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ARTIFICIAL REEF SPECIAL LICENSE
Rep. LIMEHOUSE explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The motion of Rep. HINSON to reconsider the vote whereby the following Bill was given a second reading was taken up:
H. 3701 (Word version) -- Reps. Hinson, Merrill, Lloyd, Dantzler, Frye, Gourdine, Koon, Neilson, Parks, M. A. Pitts, Altman, Toole, Umphlett and Walker: A BILL TO AMEND SECTION 59-17-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARACTER EDUCATION IN SCHOOLS, SO AS TO PROVIDE THAT A TEACHER IN A PUBLIC SCHOOL OF THIS STATE SHALL INDICATE A LETTER GRADE AND COMMENTS ON A STUDENT'S REPORT CARD UNDER THE SUBJECT HEADING OF "CONDUCT" AS AN ASSESSMENT OF HOW THE STUDENT EXPRESSES CERTAIN CHARACTERISTICS.
Rep. HINSON moved to table the motion to reconsider, which was agreed to.
The Bill, as amended, was read the third time and ordered sent to the Senate.
Rep. WALKER moved that the House recur to the Morning Hour, which was agreed to.
On motion of Rep. CHELLIS, with unanimous consent, the following was taken up for immediate consideration:
H. 4258 (Word version) -- Reps. Chellis, Young and Bailey: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE PLAYERS, COACHES, AND STAFF OF THE SUMMERVILLE HIGH SCHOOL BOYS' BASEBALL TEAM ON WEDNESDAY, MAY 28, 2003, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF CONGRATULATING THEM FOR WINNING THE 2003 CLASS AAAA BOYS' BASEBALL STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the players, coaches, and staff of the Summerville High School Boys' Baseball Team on Wednesday, May 28, 2003, at a time to be determined by the Speaker for the purpose of congratulating them for winning the 2003 Class AAAA Boys' Baseball State Championship.
The Resolution was adopted.
The following was introduced:
H. 4259 (Word version) -- Reps. Chellis, Young and Bailey: A HOUSE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE SUMMERVILLE HIGH SCHOOL "GREEN WAVE" AND THEIR COACH, BURT BAZZLE, ON WINNING THE 2003 CLASS AAAA BOYS' BASEBALL CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION TO BECOME A CHAMPIONSHIP TEAM.
The Resolution was adopted.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4260 (Word version) -- Reps. Harrell, Wilkins, Quinn, Young, Hinson, Merrill, Bales and Rice: A JOINT RESOLUTION TO PROVIDE THAT ON JULY 1, 2003, ANY FUNDS REMAINING IN THE DEPARTMENT OF PUBLIC SAFETY'S BUILDING FUND AFTER ANY TRANSFERS REQUIRED TO BE MADE BY LAW MUST BE USED FOR THE COMPENSATION OF ADDITIONAL TROOPERS AND FOR THEIR NECESSARY EQUIPMENT TO CONDUCT OPERATIONS.
Referred to Committee on Ways and Means
H. 4261 (Word version) -- Reps. Umphlett, Dantzler, Duncan, Herbkersman, Hinson, Limehouse, Mahaffey, Merrill, Owens, Pinson, M. A. Pitts, Richardson, Sandifer, J. R. Smith and Taylor: A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMOVAL OF STATE OFFICERS BY THE GOVERNOR, SO AS TO REMOVE THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY FROM THE CATEGORY OF OFFICERS WHO MAY BE REMOVED ONLY FOR CAUSE, AND TO ADD TO THE CATEGORY OF THOSE OFFICERS WHO CAN BE REMOVED ONLY FOR CAUSE PERSONS SERVING ON THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY AND THE SOUTH CAROLINA PORTS AUTHORITY.
Referred to Committee on Judiciary
H. 4262 (Word version) -- Reps. Neilson, Barfield, Bales, Cobb-Hunter, Clyburn, Martin, J. Hines, Rutherford, J. Brown, Hosey, Hayes, J. E. Smith, Altman, Anthony, Bailey, Battle, Branham, Emory, Freeman, Harvin, M. Hines, Keegan, Kennedy, Koon, Leach, Rhoad, Richardson, Rivers, Scarborough, Simrill, J. R. Smith, Snow, Thompson and Young: A BILL TO AMEND CHAPTER 61, TITLE 44 CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ESTABLISH A STATE TRAUMA CARE SYSTEM TO ENSURE PROVISION OF TRAUMA SERVICES TO RESIDENTS THROUGHOUT THE STATE; TO PROVIDE, AMONG OTHER THINGS, THAT THE
S. 317 (Word version) -- Senators Elliott, Rankin, Short, Reese and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 6, TITLE 44 SO AS TO CREATE THE INTERSTATE BULK PRESCRIPTION DRUG PROGRAM WITH NEIGHBORING STATES TO PROVIDE PRESCRIPTION DRUGS AT A REDUCED COST TO SENIOR AND DISABLED RESIDENTS WHO DO NOT HAVE PRESCRIPTION DRUG COVERAGE.
On motion of Rep. CLEMMONS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The Senate amendments to the following Bill were taken up for consideration:
S. 555 (Word version) -- Senators Martin, Anderson, McConnell, Waldrep, Alexander, Leventis, Ravenel and Thomas: A BILL TO AMEND SECTION 14-7-1630, AS AMENDED, RELATING TO JURISDICTION OF THE GRAND JURY, SO AS TO ADD CRIMES INVOLVING ANY VIOLATION OF CHAPTER 1, TITLE 35 OF THE UNIFORM SECURITIES ACT, OR ANY CRIME RELATED TO SECURITIES FRAUD OR A VIOLATION OF THE SECURITIES LAWS, AND TO AMEND SECTION 35-1-1500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS JOINTLY AND SEVERALLY LIABLE WITH SELLER AND THEIR CONTRIBUTION, SO AS TO PROVIDE THAT EVERY PERSON WHO KNOWINGLY AND SUBSTANTIALLY ASSISTS A SELLER OR OTHER PERSON WHO ENGAGES IN FRAUDULENT ACTS IN VIOLATION OF THE SOUTH CAROLINA SECURITIES ACT WILL BE JOINTLY
Rep. HARRISON explained the Senate Amendments.
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
Rep. RHOAD moved that the House do now adjourn, which was agreed to.
At 1:05 p.m. the House, in accordance with the motion of Rep. RICHARDSON, adjourned in memory of Steve McCrae, to meet at 10:00 a.m. tomorrow.
This web page was last updated on Wednesday, June 24, 2009 at 3:31 P.M.