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 Isaiah 66:2: "Has not My hand made all these things, and so they came into being, declares the Lord."
Let us pray. Father and God of all, look with kindness upon these women and men who serve You and Your people in this place, which is part of Your kingdom. Give them strength to do the work assigned to them and give them the courage of conviction to do the right thing in time of need. Bless, preserve, and keep our State and Nation and our leaders, that they may be a light to the world. Hold our defenders of freedom in Your safe care. Hear us as we pray. 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. MERRILL moved that when the House adjourns, it adjourn in memory of Lougenia Brown, mother of Congressman Henry Brown, which was agreed to.
Document No. 2844
Agency: Commission on Higher Education
Statutory Authority: 1976 Code Sections 59-112-10 through 59-112-100
Determination of Rates of Tuition and Fees
Received by Speaker of the House of Representatives
January 13, 2004
Referred to Education and Public Works Committee
Legislative Review Expiration May 11, 2004
Withdrawn and Resubmitted April 13, 2004
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 4735 (Word version) -- Reps. Cato and McGee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-43-85 SO AS TO PROVIDE APPEARANCE, CONSTRUCTION, AND FOUNDATION STANDARDS FOR A MODULAR HOME CERTIFIED FOR PLACEMENT IN SOUTH CAROLINA; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX IN THIS STATE, SO AS TO PROVIDE AN EXEMPTION FOR SIXTY PERCENT OF THE GROSS PROCEEDS OF THE SALE OF A MODULAR HOME AND TO DEFINE "GROSS PROCEEDS OF SALE", FOR THIS PURPOSE.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
S. 949 (Word version) -- Senators Leatherman and Ford: A BILL TO AMEND SECTION 40-57-135, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF REAL ESTATE BROKERS-IN-CHARGE AND MANAGERS-IN-CHARGE, POLICIES, AND RECORDKEEPING, SO AS TO, AMONG OTHER THINGS, FURTHER SPECIFY PROCEDURES FOR HANDLING CHECKS RECEIVED AS ESCROW OR SECURITY DEPOSITS FOR SALES OR LEASE AGREEMENTS AND PROCEDURES FOR MARKETING LISTINGS BY COMPANIES THAT ARE MEMBERS OF A MULTIPLE LISTING SERVICE; TO AUTHORIZE REAL ESTATE LICENSEES TO USE PUBLIC INFORMATION TO CONTACT INDIVIDUALS BY TELEPHONE, MAIL, OR ELECTRONIC MAIL FOR THE PURPOSE OF SELLING OR MARKETING REAL PROPERTY; TO FURTHER SPECIFY POLICIES RELATING TO DUAL AGENCY, CONTENTS OF LISTING OR BUYER'S AGREEMENTS, AND PROPERTY MANAGEMENT AGREEMENTS; AND TO SPECIFY REAL ESTATE TRANSACTION ACTIVITIES THAT MUST NOT BE CONDUCTED BY AN UNLICENSED INDIVIDUAL EMPLOYED OR SUPERVISED BY AN OWNER OF A REAL ESTATE COMPANY; TO AMEND SECTION 40-57-137, RELATING TO REAL ESTATE BROKERAGE COMPANY DUTIES TO CLIENTS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT NO CAUSE OF ACTION EXISTS AGAINST AN AGENT WHO HAS TRUTHFULLY DISCLOSED KNOWN DEFECTS TO A BUYER OR AGAINST A REAL ESTATE LICENSEE FOR INFORMATION CONTAINED IN VARIOUS REPORTS, SUCH AS TERMITE AND HOME INSPECTIONS; TO SPECIFY PROCEDURES FOR OBTAINING INFORMED CONSENT TO ACT AS A DUAL AGENT; TO SPECIFY AN EXCEPTION TO REQUIRING A DUAL AGENCY RELATIONSHIP WHEN A LICENSEE IN A COMPANY'S MAIN OFFICE CONDUCTS BUSINESS IN A BRANCH OFFICE; TO SPECIFY SERVICES A LICENSEE MAY PROVIDE TO REAL ESTATE CUSTOMERS AND POLICIES AND PROCEDURES FOR PROVIDING THESE SERVICES; TO ESTABLISH REQUIREMENTS THAT A BROKER-IN-CHARGE MUST SATISFY TO ASSIGN DESIGNATED AGENTS TO EXCLUSIVELY REPRESENT DIFFERENT CLIENTS IN THE SAME TRANSACTION; TO FURTHER PROVIDE FOR THE TRANSACTION OF REAL ESTATE BUSINESS BY DESIGNATED AGENTS AND TO PROVIDE THAT COMPENSATION OR THE PROMISE OF COMPENSATION DOES NOT DETERMINE WHETHER AN AGENCY RELATIONSHIP HAS BEEN CREATED; TO AMEND SECTION 40-57-139, RELATING TO AGENCY DISCLOSURE REQUIREMENTS, SO AS TO PROVIDE THAT FORMS REGARDING THE RELATIONSHIP CREATED BETWEEN THE LICENSEE AND THE CUSTOMER MUST BE ACKNOWLEDGED IN THE LISTING, BUYER'S, OR AGENCY AGREEMENT; TO REQUIRE AN AGENCY RELATIONSHIP TO BE CREATED BEFORE RATIFICATION OF THE REAL ESTATE SALES AGREEMENT, TO SPECIFY CONDITIONS UNDER WHICH AN AGENCY RELATIONSHIP DOES NOT EXIST, AND TO PROVIDE EXCEPTIONS TO THESE AGENCY DISCLOSURE REQUIREMENTS; TO AMEND SECTION 40-57-140, RELATING TO THE EFFECT OF TERMINATION, EXPIRATION, OR COMPLETION OF AGENCY AGREEMENTS, SO AS TO REQUIRE CONTINUED CONFIDENTIALITY OF CONFIDENTIAL INFORMATION AND TO PROVIDE THAT THE DUTY TO BE TRUTHFUL PREVAILS OVER MAINTAINING CONFIDENTIALITY; TO AMEND SECTION 40-57-145, RELATING TO GROUNDS FOR DENIAL OF LICENSURE AND FOR DISCIPLINARY ACTIONS, SO AS TO FURTHER SPECIFY ELEMENTS OF THESE GROUNDS AND TO ADD ADDITIONAL GROUNDS; TO AMEND SECTION 40-57-150, RELATING TO INVESTIGATIONS OF VIOLATIONS, SO AS TO EXTEND THE TIME WITHIN WHICH THE REAL ESTATE COMMISSION MUST RENDER A DECISION AND TO AUTHORIZE THE COMMISSION TO RECOVER THE COSTS OF THE INVESTIGATION AND PROSECUTION; AND TO AMEND SECTION 40-57-180, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND THE REAL ESTATE COMMISSION, SO AS TO PROVIDE THAT NO CAUSE OF ACTION EXISTS FOR FAILURE OF A LICENSEE TO DISCLOSE THE LOCATION OF SEX OFFENDERS AND CERTAIN OFF-SITE HAZARDS OR PSYCHOLOGICAL IMPACTS; AND TO REQUIRE APPROVED INSTRUCTORS TO ATTEND DEVELOPMENT WORKSHOPS OR TO PROVIDE EVIDENCE OF CONTINUING EDUCATION.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 5020 (Word version) -- Reps. Cato, Wilkins and Sandifer: A BILL TO AMEND SECTION 48-52-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GUARANTEED ENERGY SAVINGS CONTRACT, SO AS TO PROVIDE THAT THESE CONTRACTS SHALL BE KNOWN AS GUARANTEED ENERGY, WATER, OR WASTE WATER SAVINGS CONTRACTS AND TO FURTHER PROVIDE FOR THE REQUIREMENTS, TERMS, AND CONDITIONS OF THESE CONTRACTS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 5002 (Word version) -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-90-35 SO AS TO PROVIDE FOR CONFIDENTIALITY OF INFORMATION SUBMITTED BY A CAPTIVE INSURANCE COMPANY PURSUANT TO THE PROVISIONS OF CHAPTER 90, TITLE 38 AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 38-87-30, RELATING TO CHARTERING RISK RETENTION GROUPS, SO AS TO REQUIRE A CAPTIVE INSURANCE COMPANY TO COMPLY WITH THESE PROVISIONS; TO AMEND SECTION 38-90-10, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH A CAPTIVE INSURANCE COMPANY, SO AS TO CHANGE THE DEFINITIONS OF "INDUSTRIAL INSURED GROUP" AND "PARENT"; TO AMEND SECTION 38-90-20, AS AMENDED, RELATING TO LICENSING A CAPTIVE INSURANCE COMPANY BY THE DIRECTOR OF INSURANCE, SO AS TO AUTHORIZE A NONPROFIT CORPORATION TO BE LICENSED AND PROVIDE CONSISTENCY WITH THE PROVISIONS OF SECTION 38-90-35 REGARDING CONFIDENTIAL MATERIALS, AND PROVIDE A PROCEDURE BY WHICH A FOREIGN OR ALIEN CAPTIVE INSURANCE COMPANY MAY BECOME A DOMESTIC CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 38-90-25, RELATING TO THE AUTHORITY OF A CAPTIVE INSURANCE COMPANY TO WRITE REINSURANCE COVERING PROPERTY AND CASUALTY INSURANCE OR REINSURANCE CONTRACTS, SO AS TO PROVIDE CONSISTENCY WITH THE PROVISIONS OF SECTION 38-90-35 REGARDING CONFIDENTIAL MATERIALS; TO AMEND SECTION 38-90-40, AS AMENDED, RELATING TO THE LICENSING OF A CAPTIVE INSURANCE COMPANY BY THE DIRECTOR OF INSURANCE BASED ON THE CAPITALIZATION OF THE COMPANY, SO AS TO PROVIDE CAPITALIZATION REQUIREMENTS FOR LICENSING A NONPROFIT CORPORATION AS A CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 38-90-50, AS AMENDED, RELATING TO LICENSING A CAPTIVE INSURANCE COMPANY BASED ON CERTAIN MINIMUM AMOUNTS OF FREE SURPLUS, SO AS TO CHANGE THE REQUIREMENTS FOR A SPONSORED CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 38-90-60, AS AMENDED, RELATING TO INCORPORATION OPTIONS AND REQUIREMENTS OF CERTAIN CAPTIVE INSURANCE COMPANIES, SO AS TO ADD AN ADDITIONAL OPTION FOR A NONPROFIT COMPANY; TO AMEND SECTION 38-90-70, AS AMENDED, RELATING TO FILING REPORTS BY A CAPTIVE INSURANCE COMPANY, SO AS TO MAKE CERTAIN INFORMATION SUBMITTED IN A REPORT CONFIDENTIAL; TO AMEND SECTION 38-90-80, RELATING TO THE INSPECTION AND EXAMINATION OF A CAPTIVE INSURANCE COMPANY BY THE DIRECTOR OF INSURANCE, SO AS TO PROVIDE THAT CERTAIN CONFIDENTIALITY PROVISIONS DO NOT APPLY TO THE DIRECTOR IN MAKING FINAL REPORTS; TO AMEND SECTION 38-90-140, AS AMENDED, RELATING TO THE TAXATION OF A CAPTIVE INSURANCE COMPANY, SO AS TO CHANGE THE DEFINITION OF "COMMON OWNERSHIP AND CONTROL" TO INCLUDE NONPROFIT CORPORATIONS; TO AMEND SECTION 38-90-180, AS AMENDED, RELATING TO THE APPLICABILITY OF THE PROVISIONS OF CHAPTERS 26 AND 27, TITLE 38, TO INSURANCE REORGANIZATIONS, RECEIVERSHIPS, AND INJUNCTIONS TO CAPTIVE INSURANCE COMPANIES, SO AS TO MAKE THE TERMS AND CONDITIONS APPLY TO TITLE 38 INSTEAD OF CHAPTERS 26 AND 27, TITLE 38; AND TO REPEAL SECTION 38-90-170 RELATING TO APPLICABILITY OF THE TERMS AND CONDITIONS OF TITLE 38 TO INSURANCE REORGANIZATIONS, RECEIVERSHIPS, AND INJUNCTIONS TO CAPTIVE INSURANCE COMPANIES FORMED UNDER CHAPTER 90, TITLE 38.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 4981 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 47-17-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM PROVISIONS REQUIRING MEAT INSPECTION, SO AS TO FURTHER PROVIDE FOR THE EXEMPTION FROM INSPECTION REQUIREMENTS IN REGARD TO THE SLAUGHTER OF LIVESTOCK OF A PRODUCER'S OWN RAISING FOR HIS OWN USE.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
H. 4980 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 47-4-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CERTIFICATE OF VETERINARY INSPECTION FOR OUT-OF-STATE LIVESTOCK OR POULTRY ENTERING THIS STATE, AND THE QUARANTINE OF UNCERTIFIED ANIMALS, SO AS TO PROVIDE THAT THE DIRECTOR OF THE DIVISION OF LIVESTOCK-POULTRY HEALTH MAY AUTHORIZE ALTERNATIVE MEASURES WHICH IN HIS OPINION OFFER THE EQUIVALENT OR GREATER PROTECTION FOR THE LIVESTOCK INDUSTRY OF THIS STATE INCLUDING, BUT NOT LIMITED TO, EQUINE PASSPORT EVENT PERMITS.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 4733 (Word version) -- Reps. Davenport and Littlejohn: A BILL TO AMEND CHAPTER 87, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR ISSUANCE OF ASBESTOS ABATEMENT LICENSES, SO AS TO REVISE THE DEFINITION OF "ASBESTOS ABATEMENT ENTITY" AND "ASBESTOS PROJECT"; TO DELETE PROVISIONS ESTABLISHING LICENSURE FEES AND TO AUTHORIZE THE DEPARTMENT TO ESTABLISH SUCH FEES IN REGULATION SUFFICIENT TO COVER REASONABLE COSTS OF ADMINISTERING THE ASBESTOS PROGRAM AND TO DEFINE "COSTS"; AND TO INCREASE THE MAXIMUM CIVIL PENALTY FOR VIOLATIONS FROM ONE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4790 (Word version) -- Reps. Merrill, Hinson, Harrison, Quinn, McLeod, J. E. Smith, Herbkersman, Lourie, Bingham, Scarborough, Young, E. H. Pitts, Emory, McGee, Frye, J. H. Neal, Hagood, Allen, Altman, Bailey, Barfield, Battle, Bowers, Cato, Ceips, Chellis, Cobb-Hunter, Coleman, Dantzler, Davenport, Delleney, Duncan, Edge, Hamilton, Keegan, Kennedy, Leach, G. R. Smith, Cotty, Limehouse, Toole, Harvin, Littlejohn, Martin, McCraw, Miller, M. A. Pitts, Sandifer, G. M. Smith, W. D. Smith, Stille, Talley, Taylor, Umphlett, Viers, Weeks and Whitmire: A BILL TO AMEND SECTIONS 14-7-1610, 14-7-1615, AND 14-7-1630, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE GRAND JURY SYSTEM, SO AS TO REVISE ITS JURISDICTION TO INCLUDE ENVIRONMENTAL OFFENSES.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
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.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
H. 4791 (Word version) -- Rep. White: A BILL TO AMEND SECTION 59-101-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTIFICATION OF RISKS OF CONTRACTING CERTAIN DISEASES IF LIVING ON CAMPUS, SO AS TO CONFORM THE SECTION TO FEDERAL AND STATE PUBLISHED IMMUNIZATION RECOMMENDATIONS.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
H. 4712 (Word version) -- Rep. Quinn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-31-170 SO AS TO PROVIDE TRAINING AND EXPERIENCE REQUIREMENTS THAT A COUNSELOR FOR THE STATE AGENCY OF VOCATIONAL REHABILITATION SHALL MEET.
Ordered for consideration tomorrow.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 5107 (Word version) -- Rep. Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 55 TO TITLE 11 SO AS TO AUTHORIZE GOVERNMENTAL ENTITIES TO ENTER INTO HEDGE CONTRACTS, TO PROVIDE FOR DEFINITIONS, REQUIRED DETERMINATIONS, CONSTRUCTION, AND RELATED MATTERS.
Referred to Committee on Ways and Means
H. 5108 (Word version) -- Rep. Ceips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 54-1-50, ENACTING THE COASTAL SOUTH CAROLINA BEACH PRESERVATION AND MAINTENANCE ACT, SO AS TO PROVIDE FOR BEACH QUALITY SAND ORIGINATING FROM THE DREDGING OF NAVIGATION CHANNELS WITHIN TIDAL INLETS TO BE PLACED ON COASTAL BEACHES AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 5109 (Word version) -- Rep. Scott: A BILL TO AMEND SECTION 12-21-3920, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BINGO DEFINITIONS, SO AS TO REVISE THE DEFINITION OF A "PROMOTER"; TO AMEND SECTION 12-21-3940, RELATING TO LICENSES TO CONDUCT BINGO, SO AS TO REVISE THE TIME THE DEPARTMENT OF REVENUE HAS TO APPROVE OR REJECT LICENSE APPLICATIONS; TO AMEND SECTION 12-21-3950, AS AMENDED, RELATING TO A PROMOTER'S LICENSE, SO AS TO FURTHER PROVIDE FOR THE CONTENTS OF AN APPLICATION FOR A PROMOTER'S LICENSE; TO AMEND SECTION 12-21-3970, RELATING TO A PROMOTER'S LICENSE REQUIRED FOR EACH LICENSEE, SO AS TO PROVIDE THAT BEFORE A LICENSED NONPROFIT ORGANIZATION ALLOWS AN INDIVIDUAL OR ENTITY TO MANAGE, OPERATE, OR CONDUCT ITS BINGO GAME, THE ORGANIZATION SHALL ENSURE THAT THE INDIVIDUAL OR ENTITY FIRST OBTAINS A PROMOTER'S LICENSE FROM THE DEPARTMENT; TO AMEND SECTION 12-21-3990, RELATING TO THE MANNER OF PLAYING BINGO, SO AS TO PROVIDE THAT A NUMBER IS NOT VALID FOR A GAME UNTIL IT IS CALLED, AND TO PROVIDE THAT WHEN THE CALLER ANNOUNCES A GAME IS CLOSED, ALL PLAY FOR THAT GAME IS CONCLUDED; TO AMEND SECTION 12-21-4000, AS AMENDED, RELATING TO PROCEDURES APPLICABLE TO CONDUCT OF BINGO, SO AS TO FURTHER PROVIDE FOR THESE PROCEDURES; TO AMEND SECTION 12-21-4020, AS AMENDED, RELATING TO CLASSES OF BINGO LICENSES AND TAXES, SO AS TO PROVIDE THAT CLASS C BINGO GAMES MAY, BUT ARE NOT REQUIRED TO, HAVE A PROMOTER, AND TO REVISE THE MANNER IN WHICH CLASS C BINGO GAMES MAY BE CONDUCTED AND CERTAIN REQUIREMENTS RELATING TO CLASS C LICENSES; TO AMEND SECTION 12-21-4050, RELATING TO ALLOWING ONLY ONE ORGANIZATION TO OPERATE BINGO PER BUILDING, SO AS TO PROVIDE THAT THIS SECTION DOES NOT PROHIBIT THE LAWFUL OPERATION OF ADDITIONAL LICENSED BUSINESSES RELATED TO THE PLAY OF BINGO; TO AMEND SECTION 12-21-4080, AS AMENDED, RELATING TO THE REQUIREMENTS FOR A PROMOTER TO TURN OVER PROCEEDS AND THE MEMBER TO DEPOSIT PROCEEDS, SO AS TO PROVIDE THAT DEPOSITS MADE BY ELECTRONIC FUNDS TRANSFER MUST BE MADE WITHIN THREE BUSINESS DAYS; TO AMEND SECTION 12-21-4140, RELATING TO BINGO PENALTIES, SO AS TO REVISE PENALTIES FOR CERTAIN VIOLATIONS; TO AMEND SECTION 12-21-4190, RELATING TO BINGO CARD CHARGES AND DISTRIBUTION OF REVENUES, SO AS TO REVISE CHARGES WHICH MAY BE MADE BY THE DEPARTMENT OF REVENUE FOR CERTAIN LICENSES; TO AMEND SECTION 12-21-4210, AS AMENDED, RELATING TO THE SALE OR TRANSFER OF BINGO CARDS, SO AS TO PROVIDE THAT CARDS HELD BY A CLASS C LICENSEE THAT CONVERTS TO A CLASS B LICENSE SHALL BE AUDITED AND A TRANSFER TAX PAID; TO AMEND SECTION 12-21-4240, RELATING TO LICENSES TO MANUFACTURE, DISTRIBUTE OR USE BINGO CARDS, SO AS TO FURTHER PROVIDE FOR THE REQUIREMENTS PERTAINING TO LICENSED MANUFACTURERS AND DISTRIBUTORS, AND FOR PROCEDURES PERTAINING TO THESE LICENSES.
Referred to Committee on Judiciary
H. 5110 (Word version) -- Reps. Miller and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-1-160 SO AS TO REQUIRE A HOST COUNTY, THAT HAS ENTERED INTO AN AGREEMENT TO DEVELOP JOINTLY AN INDUSTRIAL OR A BUSINESS PARK, TO FILE A COPY OF THE AGREEMENT WITH THE DEPARTMENT OF REVENUE, TO PROVIDE THAT THE DEPARTMENT MAY SPECIFY THE TERMS AND CONDITIONS OF THE FILING AND TO REQUIRE WHAT INFORMATION MUST BE REFLECTED ON THE FORM; TO AMEND SECTION 4-1-170, AS AMENDED, RELATING TO JOINT DEVELOPMENT OF AN INDUSTRIAL OR A BUSINESS PARK, SO AS TO PROVIDE FOR DISTRIBUTION OF CERTAIN REVENUE FOR AGREEMENTS BETWEEN COUNTIES ENTERED INTO AFTER JANUARY 1, 2005, AND TO LIMIT THE LEASING OR SELLING OF PROPERTY TO BUSINESSES WITH CERTAIN PRIMARY FUNCTIONS; TO AMEND SECTION 4-12-30, AS AMENDED, RELATING TO A FEE IN LIEU OF PROPERTY TAXES, SECTION 4-29-67, AS AMENDED, RELATING TO INDUSTRIAL DEVELOPMENT PROJECTS REQUIRING A FEE IN LIEU OF PROPERTY TAXES, AND SECTION 12-44-80, AS AMENDED, RELATING TO THE DISTRIBUTION OF FEE IN LIEU OF PROPERTY TAX PAYMENT ON PROJECTS PURSUANT TO CHAPTER 44, TITLE 12, (FEE IN LIEU OF TAX SIMPLIFICATION ACT OF 1997), ALL SO AS TO DELETE THE PROVISIONS WHICH DISTINGUISH THE MANNER OF THE DISTRIBUTION OF THE FEE DEPENDING ON WHETHER THE PROJECT IS IN OR OUTSIDE OF AN INDUSTRIAL DEVELOPMENT PARK.
Referred to Committee on Ways and Means
H. 5111 (Word version) -- Reps. Witherspoon, Frye, McLeod, Coleman, Bailey, Martin, Lourie, Townsend, Sinclair, Barfield, Cobb-Hunter, Rutherford, Mack, Rhoad, Ott, Duncan, J. H. Neal, Emory, J. M. Neal, Whitmire, Thompson, Cooper, Anthony, Bales, Bowers, R. Brown, Clemmons, Coates, Davenport, Freeman, Govan, Herbkersman, J. Hines, Hosey, Jennings, Keegan, Kennedy, Koon, Lee, Limehouse, Loftis, Neilson, Pinson, M. A. Pitts, Rivers, Sandifer, F. N. Smith, G. M. Smith, Snow, Talley, Taylor, Toole, Umphlett, Weeks, Whipper and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34 TO TITLE 39 SO AS TO ENACT THE "SOUTH CAROLINA DAIRY STABILIZATION ACT", TO ESTABLISH THE SOUTH CAROLINA MILK BOARD, TO PROVIDE FOR ITS MEMBERS, PROCEDURES FOR THEIR APPOINTMENT AND FOR THEIR POWERS AND DUTIES; TO PROVIDE THAT THE BOARD'S PRIMARY DUTY IS TO ESTABLISH A FAIR MARKET BREAKEVEN PRICE FOR PRODUCERS OF MILK AND EXERCISE GENERAL SUPERVISION OVER THE MILK INDUSTRY IN THIS STATE; TO PROVIDE THAT THE BOARD MUST BE LOCATED IN THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE; TO AUTHORIZE THE BOARD TO ENTER INTO COMPACTS FOR A UNIFORM SYSTEM OF MILK CONTROL, TO CONDUCT INVESTIGATIONS AND MEDIATE AND ARBITRATE MILK DISPUTES, TO ISSUE RULES, ORDERS, AND FAIR MARKET BREAKEVEN MILK PRICES, TO SPECIFY CONDITIONS UNDER WHICH FEES MAY BE COLLECTED WHEN MILK DROPS BELOW THE FAIR MARKET BREAKEVEN PRICE SET BY THE BOARD, AND TO PROVIDE FOR THE COLLECTION AND DISBURSAL OF THESE FEES; TO REQUIRE LICENSURE IN ORDER TO OPERATE AS A MILK BUYER; TO AUTHORIZE THE BOARD TO DEVELOP A SYSTEM OF ACCOUNTING FOR BUYERS OF MILK AND TO SANCTION THOSE BUYERS WHO DO NOT USE THE SYSTEM; AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS CHAPTER.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 5112 (Word version) -- Reps. Miller and Snow: A BILL TO AMEND SECTION 7-7-270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GEORGETOWN COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN GEORGETOWN COUNTY AND TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
On motion of Rep. MILLER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 5113 (Word version) -- Reps. Kirsh and Cooper: A BILL TO AMEND CHAPTER 49, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 SO AS TO PROVIDE FOR THE RIGHTS OF AND NOTICE TO READ PROPERTY MORTGAGEES AND LIENHOLDERS OF MOBILE OR MANUFACTURED HOMES WITH RESPECT TO THE SALE OF REAL PROPERTY AND MOBILE OR MANUFACTURED HOMES SUBJECT TO MORTGAGES OR LIENS FOR THE PAYMENT OF DELINQUENT PROPERTY TAXES, TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO CLASSIFICATION OF PROPERTY AND APPLICABLE ASSESSMENT RATIOS FOR PURPOSES OF PROPERTY TAX, SO AS TO PROVIDE THAT USE OF A DWELLING AS RENTAL PROPERTY DOES NOT DISQUALIFY AN OWNER-OCCUPIED RESIDENCE FROM THE FOUR PERCENT ASSESSMENT RATIO OTHERWISE APPLICABLE IF THE EXPENSES INCURRED IN AND INCOME EARNED FROM THE RENTAL ARE NOT DEDUCTIBLE FROM OR INCLUDED IN INCOME FOR PURPOSES OF THE FEDERAL INCOME TAX, TO AMEND SECTION 12-51-55, AS AMENDED, RELATING TO BIDS BY THE FORFEITED LAND COMMISSION ON PROPERTY AT DELINQUENT TAX SALES, SO AS TO REQUIRE SUCH BIDS TO INCLUDE DELINQUENT ASSESSMENTS IMPOSED BY A SPECIAL TAX DISTRICT, TO AMEND SECTION 12-51-130, AS AMENDED, RELATING TO THE TAX TITLE GIVEN TO A PURCHASER AT A TAX SALE, SO AS TO PROVIDE THAT THE PURCHASER IS RESPONSIBLE FOR THE ACTUAL COST OF PREPARING THE TAX TITLE, TO AMEND SECTION 12-51-150, RELATING TO THE VOIDING OF A TAX SALE FOR A PROCEDURAL FAILURE, SO AS TO PROVIDE THAT INTEREST REQUIRED TO BE REFUNDED MUST EQUAL INTEREST ACTUALLY EARNED ON THE AMOUNT TO BE REFUNDED, AND TO AMEND SECTION 30-4-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT COLLATERAL LISTS AND SUPPLEMENTS TO SUCH LISTS MAINTAINED BY TAX COLLECTORS PURSUANT TO THE ARTICLE ADDED BY THIS ACT ARE NOT PUBLIC RECORDS, ARE CLOSED TO THE PUBLIC, AND NOT MADE OPEN BY THE FREEDOM OF INFORMATION ACT.
Referred to Committee on Ways and Means
S. 906 (Word version) -- Senators Matthews, Hutto and Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-127-90 SO AS TO AUTHORIZE THE SOUTH CAROLINA STATE UNIVERSITY BOARD OF TRUSTEES TO USE THE PROVISIONS OF CHAPTER 2, TITLE 28 (EMINENT DOMAIN) TO ACQUIRE LAND FOR WHICH FUNDS ARE PROVIDED BY THE GENERAL ASSEMBLY.
Referred to Committee on Judiciary
S. 973 (Word version) -- Senators Waldrep and O'Dell: A BILL TO AMEND SECTION 12-37-251, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRUST FUND FOR TAX RELIEF, SO AS TO PROVIDE THAT OPERATING MILLAGE LEVIED IN A COUNTY FOR ALTERNATIVE SCHOOLS, CAREER AND TECHNOLOGY CENTERS, AND COUNTY BOARDS OF EDUCATION WHETHER OR NOT LEVIED COUNTYWIDE OR ON A SCHOOL DISTRICT BY SCHOOL DISTRICT BASIS ALSO IS CONSIDERED SCHOOL OPERATING MILLAGE TO WHICH THE PROPERTY TAX EXEMPTION PROVIDED BY THIS SECTION APPLIES, AND TO PROVIDE THAT COUNTY TREASURERS SHALL CONSIDER THESE OPERATING MILLAGES IN DETERMINING REVENUE LOST WHEN MAKING DISBURSEMENTS TO SCHOOL DISTRICTS FROM TRUST FUNDS FOR TAX RELIEF FUNDS.
Referred to Committee on Ways and Means
S. 1071 (Word version) -- Senators Ritchie and Richardson: A BILL TO AMEND SECTION 16-13-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCIAL IDENTITY FRAUD, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO USE THE IDENTITY OF ANOTHER PERSON FOR THE PURPOSE OF OBTAINING EMPLOYMENT.
Referred to Committee on Judiciary
The roll call of the House of Representatives was taken resulting as follows:
Altman Anthony Bailey Bales Barfield Battle Bingham Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Delleney Duncan Emory Freeman Frye Gourdine Hagood Hamilton Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hosey Howard Huggins Jennings Keegan Kennedy Koon Leach Lee Littlejohn Loftis Lourie Lucas Mahaffey McCraw McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rice Richardson Rivers Sandifer Scarborough Scott Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Snow Stewart Stille Talley Taylor Thompson Toole Townsend Trotter Umphlett Vaughn Walker Weeks Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, April 14.
Brian White Denny Neilson Phillip Sinclair Walter Lloyd Seth Whipper Thomas Rhoad Daniel Tripp Jerry Govan William Bowers Becky Martin H.B. "Chip" Limehouse Thad Viers Ralph Davenport Karl Allen Tracy Edge Todd Rutherford Richard Quinn David Mack Alex Harvin
The SPEAKER granted Rep. GILHAM a leave of absence for the day.
The SPEAKER granted Rep. KIRSH a leave of absence for the day due to illness.
The SPEAKER granted Rep. J. E. SMITH a leave of absence for the week due to family illness.
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 13.
Announcement was made that Dr. Gregory T. Squires of Charleston and medical student, Matt Springs are the Doctors of the Day for the General Assembly.
Rep. KENNEDY presented to the House the C. E. Murray High School "War Eagles" Girls Basketball Team, the 2004 Class A Champions, their coach and other school officials.
Rep. LITTLEJOHN presented to the House the Honorable C. Bruce Littlejohn, retired Chief Justice of the South Carolina Supreme Court honoring him for his service to the State. Rep. WILKINS presented the former chief justice the Order of the Palmetto.
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. 5079 (Word version)
Date: ADD:
04/14/04 TRIPP
Bill Number: H. 4971 (Word version)
Date: ADD:
04/14/04 WHIPPER
Bill Number: H. 4740 (Word version)
Date: ADD:
04/14/04 WHIPPER
Bill Number: H. 4734 (Word version)
Date: ADD:
04/14/04 WHIPPER
Bill Number: H. 4756 (Word version)
Date: ADD:
04/14/04 FRYE
Bill Number: H. 4756 (Word version)
Date: ADD:
04/14/04 RHOAD
Bill Number: H. 5009 (Word version)
Date: ADD:
04/14/04 COTTY
Bill Number: H. 4903 (Word version)
Date: ADD:
04/14/04 RICHARDSON
Bill Number: H. 4639 (Word version)
Date: REMOVE:
04/14/04 G. R. SMITH
Bill Number: H. 4124 (Word version)
Date: REMOVE:
04/14/04 BAILEY
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 1091 (Word version) -- Senator Hayes: A JOINT RESOLUTION TO PROVIDE THAT THE BOARD OF TRUSTEES OF FORT MILL SCHOOL DISTRICT NO. 4 FOR SCHOOL YEAR 2003-2004 IS AUTHORIZED TO FORGIVE UP TO THREE SCHOOL DAYS MISSED BY ANY SCHOOL OF THE DISTRICT BECAUSE OF SNOW, ICE, OR EXTREME WEATHER CONDITIONS.
S. 1100 (Word version) -- Senator Drummond: A BILL TO AMEND ACT 1147 OF 1968, AS AMENDED, RELATING TO THE GREENWOOD COUNTY CAREER CENTER, SO AS TO RENAME THE CENTER THE G. FRANK RUSSELL CAREER CENTER.
H. 4724 (Word version) -- Reps. Hinson, Merrill, Altman, Dantzler, Gourdine, McLeod, Neilson and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-9-150 SO AS TO EXEMPT FROM ACROSS-THE-BOARD REDUCTIONS ORDERED BY THE STATE BUDGET AND CONTROL BOARD AMOUNTS APPROPRIATED IN THE ANNUAL GENERAL APPROPRIATIONS ACT AS SALARY SUPPLEMENTS FOR COUNTY CLERKS OF COURT, PROBATE JUDGES, SHERIFFS, REGISTRARS OF DEEDS, COUNTY AUDITORS, COUNTY TREASURERS, AND COUNTY CORONERS; AND TO AMEND SECTION 8-15-65, AS AMENDED, SO AS TO PROVIDE FOR THE COUNTY CORONER AS A COUNTY OFFICIAL RECEIVING A SALARY SUPPLEMENT FROM THE STATE.
Rep. NEILSON explained the Bill.
S. 764 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-3-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS CONCERNING CORPORATE-OWNED FLEET MOTOR VEHICLES, SO AS TO REVISE THE DEFINITION OF THE TERM "FLEET".
Rep. TOWNSEND explained the Bill.
H. 4903 (Word version) -- Reps. Cobb-Hunter, Harrell and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 74 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR "BREAST CANCER AWARENESS" SPECIAL LICENSE PLATES.
Rep. TOWNSEND explained the Bill.
H. 4978 (Word version) -- Reps. Townsend, Stille, J. M. Neal, Gilham, Pinson, Lourie and Martin: A BILL TO AMEND SECTION 59-150-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TUITION ASSISTANCE FOR TECHNICAL COLLEGES AND TWO-YEAR INSTITUTIONS, SO AS TO PROVIDE THAT A HIGH SCHOOL STUDENT WHO IS DUALLY ENROLLED IN AN ELIGIBLE TWO-YEAR INSTITUTION IS NOT REQUIRED TO BE DEGREE SEEKING AND IS NOT REQUIRED TO COMPLETE A FREE APPLICATION FOR FEDERAL STUDENT AID (FAFSA) APPLICATION TO QUALIFY AS A FIRST TIME ENTERING FRESHMAN.
Rep. STILLE explained the Bill.
H. 5077 (Word version) -- Reps. Walker, Anthony, Lee, Littlejohn, Mahaffey, Sinclair, W. D. Smith and Talley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-810 SO AS TO PROVIDE THAT THE PORTION OF ROADSIDE VEGETATION ALONG INTERSTATE HIGHWAY 85 AND INTERSTATE HIGHWAY 585 IN SPARTANBURG COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.
Rep. WALKER explained the Bill.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 4070 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-87 SO AS TO ENACT THE "AQUATIC LIFE PROTECTION ACT" TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPOSE NPDES PERMIT LIMITATIONS FOR TOXICITY IF A DISCHARGE HAS THE REASONABLE POTENTIAL TO IMPACT WATER QUALITY UNDER CERTAIN CONDITIONS AND TO FURTHER DIRECT THE DEPARTMENT IN TESTING AND DEVELOPING METHODOLOGIES TO IMPLEMENT THIS REQUIREMENT.
H. 3917 (Word version) -- Reps. Littlejohn, Cotty, Moody-Lawrence, Altman, Anthony, Bailey, Cobb-Hunter, J. Hines, Koon, Leach, Limehouse, Mack, Mahaffey, Martin, Snow, Stille, Witherspoon and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-75 SO AS TO PROVIDE FOR A TEN DOLLAR SURCHARGE ON CERTAIN TRAFFIC VIOLATIONS DESIGNATED AS AGGRESSIVE DRIVING OFFENSES, TO PROVIDE FOR THE MANNER IN WHICH THE REVENUE GENERATED BY THIS SURCHARGE MUST BE USED INCLUDING FOR DEPOSIT IN SOUTH CAROLINA BRAIN INJURY TRUST FUND HEREIN ESTABLISHED, TO ALSO ESTABLISH A BRAIN INJURY TRUST FUND BOARD TO ADMINISTER THE FUND, AND TO PROVIDE THE PROCEDURES AND REQUIREMENTS FOR DISBURSEMENTS FROM THE FUND.
H. 4847 (Word version) -- Reps. J. R. Smith, Clark, Clyburn, Perry and D. C. Smith: A BILL TO AMEND SECTION 12-14-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INVESTMENT TAX CREDIT AGAINST STATE INCOME TAX ALLOWED FOR ECONOMIC IMPACT ZONE QUALIFIED MANUFACTURING AND PRODUCTIVE EQUIPMENT PROPERTY, SO AS TO EXTEND FOR CERTAIN TAXPAYERS THE TEN-YEAR CARRY-FORWARD PERIOD FOR UNUSED TAX CREDITS AND PROVIDE THE REQUIREMENTS NECESSARY FOR A TAXPAYER TO RECEIVE THE ADDITIONAL CARRY-FORWARD PERIOD.
H. 4968 (Word version) -- Reps. Limehouse, Harrell, J. E. Smith, Cato, Ceips, Clyburn, Edge, Herbkersman, Hinson, Lourie, Neilson, Cobb-Hunter, Lloyd, Gourdine, J. H. Neal, Parks and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 TO TITLE 12 SO AS TO ENACT THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, PROVIDING FOR NEW TAX INCENTIVES FOR MOTION PICTURE PRODUCTION COMPANIES SPENDING MONIES IN SOUTH CAROLINA, SPECIFICALLY, RELIEF FROM THE SALES AND USE TAX, AN EMPLOYMENT TAX REBATE, AND A SEVEN PERCENT REBATE OF THE COST OF GOODS AND SERVICES, AS WELL AS ASSISTANCE AND CONVENIENCE IN LOCATING, AND NEGOTIATING RATES FOR THE USE OF, PUBLIC PROPERTY AS FILMING LOCATIONS, AUTHORIZATION OF THE FORMATION OF A SOUTH CAROLINA FILM FOUNDATION TO SOLICIT DONATIONS FOR THE RECRUITMENT OF MOTION PICTURE PRODUCTIONS TO THIS STATE, AND FUNDING FROM A PORTION OF THE ADMISSIONS TAX COLLECTED BY THE STATE TO SUPPORT THE FUNCTIONS OF THE SOUTH CAROLINA FILM COMMISSION IN THESE EFFORTS AND TO PROVIDE FOR PROMOTION OF COLLABORATIVE EFFORTS BETWEEN STATE INSTITUTIONS OF HIGHER LEARNING AND MOTION PICTURE RELATED ENTITIES; TO AMEND ARTICLE 25, CHAPTER 6 OF TITLE 12, RELATING TO SOUTH CAROLINA INCOME TAX CREDITS, BY ADDING SECTION 12-6-3560 SO AS TO PROVIDE FOR A CREDIT AGAINST THE STATE INCOME TAX TO ENCOURAGE THE PRODUCTION OF TELEVISED COMMERCIAL ADVERTISEMENTS IN THIS STATE, AND BY ADDING SECTION 12-6-3570 SO AS TO PROVIDE FOR CREDITS AGAINST THE STATE INCOME TAX FOR A PORTION OF THE TAXPAYER'S CASH INVESTMENT IN A MOTION PICTURE PROJECT OR IN THE CONSTRUCTION, CONVERSION, AND EQUIPPING OF A MOTION PICTURE PRODUCTION OR POST-PRODUCTION FACILITY IN THIS STATE; TO AMEND SECTION 12-36-920, RELATING TO THE ACCOMMODATIONS TAX, SO AS TO PROVIDE RELIEF FROM THE PAYMENT OF THE TAX BY A MOTION PICTURE PRODUCTION COMPANY PRODUCING A MOTION PICTURE IN SOUTH CAROLINA; TO AMEND SECTION 12-36-110, RELATING TO "SALE AT RETAIL" FOR PURPOSES OF THE STATE'S SALES AND USE TAX, SO AS TO PROVIDE THAT THE TERM DOES NOT APPLY TO A PURCHASE MADE IN CONNECTION WITH THE CERTIFIED PRODUCTION OF A MOTION PICTURE; AND TO AMEND SECTION 1-30-25, AS AMENDED, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO SUBSTITUTE "SOUTH CAROLINA FILM COMMISSION" FOR "SOUTH CAROLINA FILM OFFICE".
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:
S. 904 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 59-119-940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON THE ISSUANCE OF ATHLETIC FACILITY REVENUE BONDS BY CLEMSON UNIVERSITY SO AS TO INCREASE FROM FORTY MILLION DOLLARS TO SIXTY MILLION DOLLARS THE MAXIMUM AMOUNT OF THESE BONDS WHICH MAY BE OUTSTANDING AT ANY TIME.
The following Bill was taken up:
S. 487 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALES AND USE TAX ACT, SO AS TO EXCLUDE THE ENVIRONMENTAL SURCHARGE IMPOSED PURSUANT TO SECTION 44-56-430 FROM THE DEFINITION OF "GROSS PROCEEDS OF SALES"; TO AMEND SECTION 44-56-430, RELATING TO THE DRYCLEANING FACILITY RESTORATION TRUST FUND, SO AS TO PROVIDE FOR THE CALCULATION, ADMINISTRATION, COLLECTION, AND ENFORCEMENT OF THE ENVIRONMENTAL SURCHARGE; TO AMEND SECTION 44-56-470, RELATING TO THE ANNUAL REGISTRATION AND FEES FOR DRYCLEANING FACILITIES, SO AS TO PROVIDE FOR THE DEPARTMENT OF REVENUE'S RETENTION OF FUNDS FOR COSTS INCURRED TO COLLECT AND ENFORCE THE DRYCLEANING FACILITY RESTORATION TRUST FUND; TO AMEND SECTION 44-56-480, RELATING TO THE SURCHARGE ON PERCHLOROETHYLENE (TETRACHLOROETHYLENE) AND STODDARD SOLVENT, SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE MUST ADMINISTER, COLLECT, AND ENFORCE THE SURCHARGE IN THE MANNER THAT SALES AND USE TAXES ARE ADMINISTERED, COLLECTED, AND ENFORCED UNDER CHAPTER 36 OF TITLE 12; AND TO AMEND SECTION 44-56-485, RELATING TO THE ELECTION TO PLACE A DRYCLEANING FACILITY UNDER THE PROVISIONS OF ARTICLE 4, CHAPTER 56 OF TITLE 44, SO AS TO ADD PROVISIONS PERTAINING TO THE EFFECT OF VOLUNTARY REGISTRATION ON A DRYCLEANING FACILITY'S LIABILITY FOR THE PAYMENT OF CERTAIN TAXES, FEES, PENALTIES, AND INTEREST.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10162SD04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 12-36-90(2) of the 1976 Code, as last amended by Act 89 of 2001, is further amended by adding a new subitem at the end to read:
"(j) the environmental surcharge imposed pursuant to Section 44-56-430."
SECTION 2. Section 44-56-410 of the 1976 Code is amended to read:
"Section 44-56-410. As used in this article:
(1) 'Department' means the Department of Health and Environmental Control.
(2) 'Discharge' means leakage, seepage, or other release.
(3) 'Drycleaning facility' means a professional retail commercial establishment located in this State that operates or has at some time in the past operated in whole or in part for the purpose of cleaning clothing and other fabrics from members of the public utilizing a process which involves the use of drycleaning solvents. 'Drycleaning facility' includes laundry facilities that are using or have used drycleaning solvents as part of their cleaning process, but does not include, textile mills or uniform rental and linen supply facilities.
(4) 'Drycleaning solvents' means nonaqueous solvents used in the cleaning of clothing and other fabrics and includes perchloroethylene (also known as tetrachloroethylene) halogenated drycleaning fluids and Stoddard solvent nonhalogenated cleaners, and their breakdown products. 'Drycleaning solvents' includes only solvents originating from use at a drycleaning facility or by a wholesale supply facility.
(5) 'Dry drop-off facility' means a commercial retail store that receives from customers clothing and other fabrics for drycleaning at an off-site drycleaning facility and does not clean the clothing or fabrics at the store utilizing drycleaning solvents.
(6) 'Employee' means a natural person employed and paid by the owner of a drycleaning facility for thirty-five or more hours a week for forty-five or more weeks a year and on whose behalf the owner contributes payments to the South Carolina Employment Security Commission or Department of Revenue as required by law. Excluded from the meaning of the term 'employee' are owners of drycleaning facilities and family members of owners, regardless of the level of consanguinity, if the family members are not employed and compensated pursuant to the definition of the term 'employee' contained in this item. Part-time employees who are employed and paid for fewer than thirty-five hours a week for fewer than forty-five weeks a year must not be deemed to be employees unless their hours and weeks of employment, when combined with the hours and weeks of employment of another or other part-time employee or employees, total thirty-five or more hours a week for forty-five or more weeks a year.
(7) 'Person' means any individual, partnership, corporation, association, or other entity that is vested with ownership, dominion, or legal or rightful title to the real property or which has a ground lease interest in the real property on which a drycleaning or wholesale supply facility is or has ever been located.
(8) 'Wholesale supply facility' means a commercial establishment that supplies drycleaning solvents to drycleaning facilities.
(9) 'Insolvent' means the approved expenses of the Department of Health and Environmental Control and the Department of Revenue as well as the estimated cleanup costs are equal to or projected to exceed the fund balance and projected revenues through June 30, 2005 for a five-year period commencing on January 15 of each year.
(10) 'Halogenated drycleaning fluid' means any nonaqueous solvent formulated, in whole or in part, with 10% or more by volume any of the halogenated compounds chlorine, bromine, fluorine, or iodine. Halogenated drycleaning fluids include perchloroethylene (also know as tetrachloroethylent), trichlorethylene, and any breakdown components of them.
(11) 'Nonhalogenated cleaner' means any nonaqueous solvent used in a drycleaning facility that contains less than 10% by volume of any halogenated compound. Nonhalogenated cleaners include petroleum based drycleaning solvents and any breakdown components of them.
(12) 'Nonaqueous solvent' means any cleaning formulation designed to minimize swelling of fabric fibers and containing less than 51% of water by volume."
SECTION 3. Section 44-56-420(C) of the 1976 Code is amended to read:
"(C) The fund may not be used to:
(1) restore sites which are contaminated by solvents normally used in drycleaning operations if the activities at a site are not related to the operation of a drycleaning facility or wholesale supply facility;
(2) restore sites that are contaminated by drycleaning solvents being transported to or from a drycleaning facility or wholesale supply facility or that are contaminated as a result of the delivery of drycleaning solvents to a drycleaning facility or wholesale supply facility on or after July 1, 1995, if the contamination resulted from gross negligence;
(3) fund any costs related to the restoration of a site that is proposed for listing or is listed on the State Priority List or on the National Priority List pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, or any site that is required to obtain a permit pursuant to the Resource Conservation and Recovery Act, as amended;
(4) pay any costs associated with a fine, penalty, or action brought against the owner or operator of a drycleaning facility or wholesale supply facility or a person under local, state, or federal law;
(5) pay any costs incurred before July 1, 1995, for the remediation of a contaminated site;
(6) pay any costs to landscape or otherwise artificially improve a contaminated site;
(7) pay any contamination assessment or costs related to the restoration before the actual date of the first payment of registration fees for the site pursuant to Section 44-56-470(B) of a wholesale supply storage site which is contaminated by hydrocarbon-based chemicals other than Stoddard;
(8) pay any costs related to contamination assessment where no contamination from drycleaning solvents is discovered;
(9) pay any costs for work not approved by the department in accordance with this article or regulations promulgated pursuant to this article;
(10) restore sites that are uniform rental and linen supply facilities unless the site was operated on or after July 1, 1995, as a professional retail drycleaning facility for garments or fabrics belonging to the public on July 1, 1995, and has participated in the fund;
(11) restore sites that are no longer operated as drycleaning facilities or coin-operated drycleaning facilities where the owner or person has not paid a registration fee for the site pursuant to Section 44-56-470(B) and has not been involved in the drycleaning industry after October 1, 1995."
SECTION 4. Section 44-56-430 of the 1976 Code is amended to read:
"Section 44-56-430. (A)(1) If the State Treasurer determines that the fund is insolvent, an environmental surcharge must be levied on every owner, operator, or person participating in the fund at a rate of one-half percent on all gross sales for a minimum of one year. when the State Treasurer determines that the fund is solvent the one-half percent surcharge must be suspended One percent of the gross proceeds of sales of a drycleaning facility must be levied as an environmental surcharge on every owner or operator of a drycleaning facility participating in the dry cleaning facility restoration trust fund except for the facilities possessing a valid statement of nonparticipation pursuant to Section 44-56-480(A).
(2) At any time the uncommitted balance of the Dry Cleaning Facility Restoration Trust Fund Account exceeds five million dollars, the one percent of the gross proceeds of sales of drycleaning surcharge is suspended until that time the uncommitted balance of the trust fund account becomes less than one million dollars. The Department of Health and Environmental Control is responsible for notifying the Department of Revenue when these amounts have been reached. The suspension of the environmental surcharge occurs at the end of the month in which the Department of Revenue is so notified by the Department of Health and Environmental Control. The lifting of the suspension occurs on the first day of the month following the month in which the Department of Revenue is so notified by the Department of Health and Environmental Control.
(B)(1) The initial surcharge imposed by this section is due and payable on the first twentieth day of the third month succeeding the month in which the charge is imposed. and must be paid Subsequent charges are due and payable on or before the twenty-first twentieth day of each month for the preceding month. The Department of Revenue may authorize the quarterly, semiannual, or annual payment of this surcharge. The surcharge must be reported on forms and in the manner prescribed in regulation determined by the Department of Revenue.
(2) The Department of Revenue must administer, collect, and enforce the surcharge in the manner that the sales and use taxes are administered, collected, and enforced under Chapter 36 of Title 12, except that no timely payment discount or exemptions or exclusions are allowed. The provisions of Title 12 apply to the collection and enforcement of the surcharge by the Department of Revenue.
(3) The Department of Revenue shall retain funds for the costs incurred to administer, collect, and enforce the fund which may include a part-time employee with the related expenses for audit purposes. The funds withheld shall not exceed the actual costs to administer, collect, and enforce the fund. The proceeds of the surcharge, after deducting the administrative costs incurred by the Department of Revenue in administering, auditing, collecting, distributing, and enforcing the surcharge, must be remitted to the State Treasurer and credited to the fund and must be used as provided in Section 44-56-420. For the purposes of this section, the proceeds of the surcharge include all funds collected and received by the Department of Revenue including interest and penalties on delinquent surcharges.
(C) The Department of Revenue shall administer, collect, and enforce the surcharge imposed under this section pursuant to the procedures for administration, collection, and enforcement of the general stated sales tax imposed under Title 12, except as provided in this subsection. These procedures include, but are not limited to, those regarding the filing of consolidated returns, the granting of sale for resale exemptions, and the interest and penalties on delinquent taxes. The surcharge must not be included in the computation of estimated taxes, and the dealer's credit for collecting taxes or fees does not apply. The Department of Health and Environmental Control is required to report each January fifteenth the current financial position of the Drycleaning Facility Restoration Trust Fund to the General Assembly. In addition, DHEC must include projected information that would enable the General Assembly to determine the solvency of the fund. At a minimum this must include a five-year budget projection. This report must also review and comment on the adequacy of the current program in resolving contamination problems at both operating and closed drycleaning facilities in this State."
SECTION 5. Section 44-56-440 of the 1976 Code is amended to read:
"Section 44-56-440. (A) The Board of the Department of Health and Environmental Control shall establish a moratorium on administrative and judicial actions by the department concerning drycleaning facilities and wholesale supply facilities resulting from the discharge of drycleaning solvents to soil or waters of the State. This moratorium applies only to those facilities deemed eligible as defined in this section. The board may review and determine the appropriateness of the moratorium at least annually. This review shall include, but is not limited to, consideration of these factors:
(1) the solvency of the fund as described in Section 44-56-420;
(2) prioritization of the sites;
(3) public health concerns related to the sites;
(4) eligibility of the sites;
(5) corrective action plans submitted to the department.
After review, the board may suspend all or a portion of the moratorium if necessary.
(B) A drycleaning facility or wholesale supply facility that is being operated as a drycleaning facility or wholesale supply facility at the time a request for determination of eligibility is filed and at which there is contamination from drycleaning solvents is eligible under this section regardless of when the contamination was discovered if the drycleaning facility or wholesale supply facility:
(1) has been registered with and has paid all annual fees, surcharges, and solvent fees as required by the Department of Revenue;
(2) is determined by the department to be in compliance with department regulations regulating drycleaning facilities or wholesale supply facilities;
(3) has third-party liability insurance when and if the insurance becomes available at a reasonable cost, as determined by the Department of Insurance and if the insurance covers liability for contamination that occurred both before and after the effective date of the policy;
(4) has provided documented evidence of contamination by drycleaning solvents;
(5) after December 1, 1996, demonstrates current certification pursuant to Section 44-56-470(D);
(6) has not been operated in a grossly negligent manner at any time after November 18, 1980.
(C) A drycleaning facility or wholesale supply facility that ceases to be operated as a drycleaning facility or wholesale supply facility before July 1, 1995, and before the time a request for determination of eligibility is filed at which there is contamination from drycleaning solvents is eligible under this section regardless of when the contamination was discovered provided the owner or operator of the drycleaning facility or wholesale supply facility or person provides documented evidence of the contamination by drycleaning solvents and the owner, operator, or person has paid all annual fees, surcharges, and solvent fees on every drycleaning facility in existence under their control since July 1, 1995, as required by the Department of Revenue.
(D) A drycleaning facility that has been contaminated as a result of the discharge of drycleaning solvents by a supplier of solvents during the delivery of drycleaning solvents to a drycleaning facility first must utilize the insurance of the supplier to the full extent of the coverage for site rehabilitation before any funds may be expended from the fund for the rehabilitation of that portion of the site which was contaminated by the discharge during delivery.
(E) If the facility started operation before July 1, 2000, six months after the effective date of this act and an eligible drycleaning or wholesale owner or operator or person applies for monies from the fund on or before:
(1) October 1, 2002 eighteen months after the effective date of this act, the deductible is one thousand dollars;
(2) October 1, 2003, the deductible is ten thousand dollars;
(3) October 1, 2004 thirty months after the effective date of this act, the deductible is twenty-five thousand dollars.
An eligible drycleaning facility that has applied for monies from the fund prior to the effective date of this paragraph shall have a deductible of one thousand dollars regardless of any deductible previously assigned to the facility based on its application date or type of site. Any approved assessment or remedial costs in excess of one thousand dollars previously incurred by the owner, operator, or person shall be refunded, without interest, to such party by the department.
A facility first starting its operations on or after six months after the effective date of this act shall have a deductible of twenty-five thousand dollars if it is determined to be eligible if the operator or person applies for money from the fund within six months of obtaining evidence of contamination.
(F) An owner of a drycleaning facility or wholesale supply facility or person seeking eligibility under this subsection shall submit an application for determination of eligibility to the department on forms provided by the department. The department shall review the application and request any additional information within ninety days. The department shall notify the applicant within one hundred eighty days as to whether the facility is eligible.
(G) Eligibility under this subsection applies to the site of the drycleaning facilities or wholesale supply facilities. A determination of eligibility or ineligibility is not affected by the subsequent conveyance of the ownership of the drycleaning facilities or wholesale supply facilities.
(H) This section does not apply to a site where the department has been denied site access to implement this section or to drycleaning facilities owned or operated by a local government or by the state or federal government.
(I) A site owned by an owner of a drycleaning facility or a person at any time subsequent to October 1, 1995, who misrepresents the number of employees upon which the registration fee provided for in Section 44-56-460 is based is not eligible for funds under this section."
SECTION 6. Section 44-56-450 of the 1976 Code is amended to read:
"Section 44-56-450. (A) In order to identify drycleaning facilities and wholesale suppliers which have experienced contamination resulting from the discharge of drycleaning solvents and to assure the most expedient rehabilitation of these sites, the owners and operators of drycleaning facilities and wholesale suppliers and persons are encouraged to detect and report contamination from drycleaning solvents related to the operation of drycleaning facilities or wholesale supply facilities. Forms must be distributed to owners and operators of drycleaning and wholesale supply facilities and to persons. The Department of Revenue shall use reasonable efforts to identify and notify owners, operators, and persons of drycleaning and wholesale supply facilities within six months after the effective date of this act of the registration requirements by certified mail, return receipt requested. The Department of Revenue shall provide to the Department of Health and Environmental Control a copy of each applicant's registration materials within thirty working days of the receipt of the materials.
(B) A report of drycleaning solvent contamination at a drycleaning facility made to the department by a person in accordance with this article or regulations promulgated under this article may not be used directly as evidence of liability for the discharge in a civil or criminal trial arising out of the discharge."
SECTION 7. Section 44-56-470 of the 1976 Code is amended to read:
"Section 44-56-470. (A) For each drycleaning facility owned and in operation, the owner or operator of the facility or person shall register with and pay initial registration fees to the Department of Revenue by October 1, 1995, and pay annual or quarterly renewal registration fees as established by the department in regulation Department of Revenue. The fee must be accompanied by a notarized certification from the owner, on a form provided by the Department of Revenue, certifying the number of employees employed by the owner, or operator, for the twelve-month period preceding payment of the fee.
(B) An initial and annual registration fee for each drycleaning facility with:
(1) up to four employees is seven hundred fifty dollars;
(2) five to ten employees is one thousand five hundred dollars;
(3) eleven or more employees is two thousand two hundred fifty dollars.
The fee must be paid within thirty days after receipt of billing by the department.
(C) The provisions of Title 12 apply to the collection and enforcement of the fees by the Department of Revenue.
(D) Before July 1, 2002, an owner or operator of a drycleaning facility or person shall receive certification from the International Fabricare Institute, the Neighborhood Cleaners Association, or some other comparable nationally recognized drycleaning industry association certifying that the operator has demonstrated a level of competency to operate a drycleaning facility in accordance with the highest standards of the drycleaning industry. The Department of Revenue must retain funds for the costs incurred to collect and enforce the fund which may include a part-time employee with the related expenses for audit purposes. The funds withheld shall not exceed the actual costs to administer, collect, and enforce the fund. The proceeds of the registration fee, after deducting the costs incurred by the Department of Revenue in auditing, collecting, distributing, and enforcing the registration fee, must be remitted to the State Treasurer and credited to the fund and must be used as provided in Section 44-56-420. For the purposes of this section, the proceeds of the registration fee include all funds collected and received by the Department of Revenue including interest and penalties on delinquent fees.
(C)(E) Revenue derived from the registration fees must be submitted to the State Treasurer and credited to the Drycleaning Facility Restoration Trust Fund.
(E)(F) Before January 1, 2002 a year after the effective date of this act, an owner or operator of a drycleaning facility in operation before July 1, 2000 six months after the effective date of this act, shall install dikes or other containment structures around each machine or item of equipment in which drycleaning solvents are used and around an area in which solvents or waste containing solvents are stored. The containment must meet the following criteria:
(1) the dikes or containment structures must be capable of containing one-third of the capacity of the total tank capacity of each machine;
(2) dikes or containment structures around areas used for storage of solvents or waste containing solvents must be capable of containing one hundred percent of the volume of the largest container stored or retained in the containment structure;
(3) all diked containment areas must be sealed or otherwise made impervious to the drycleaning solvents in use at the facility, including floor surfaces, floor drains, floor joints, and inner dike walls;
(4) to the extent practicable, an owner of a drycleaning facility or person shall seal or otherwise render impervious those portions of all floor surfaces upon which any drycleaning solvents may leak, spill, or otherwise be released;
(5) containment devices must provide for the temporary containment of accidental spills or leaks until appropriate response actions are taken by the owner/operator to abate the source of the spill and remove the product from all areas on which the product has accumulated; and
(6) materials used in constructing the containment structure or sealing the floors must be capable of withstanding permeation by drycleaning solvents in use at the facility for not less than seventy-two hours.
(F)(G) For drycleaning facilities that commence operating on or after July 1, 2000 six months after the effective date of this act, the owners or operators of these facilities or persons, before the commencement of operations, shall install beneath each machine or item of equipment in which drycleaning solvents are used a rigid and impermeable containment vessel capable of containing one hundred percent of the volume of the largest single tank in the machine or piece of equipment or one-third of the total tank capacity of each machine, whichever is greater. Dikes or containment structures must be installed before delivery of any drycleaning solvents to the facility. All dikes or containment structures shall meet all criteria of Section 44-56-470(E)(F).
(G)(H) A person or the owner or operator of a drycleaning facility or wholesale supply facility at which there is a spill of more than the federally mandated reportable quantity of drycleaning solvent outside of a containment structure, after July 1, 1995, shall report the spill to the department immediately upon the discovery of the spill and comply with existing emergency response regulations.
(H)(I) Failure to comply with the requirements of this section constitutes gross negligence with regard to determining site eligibility."
SECTION 8. Section 44-56-480 of the 1976 Code is amended to read:
"Section 44-56-480. (A) Beginning July 1, 1995, an environmental surcharge is assessed on the privilege of producing in, importing into, or causing to be imported into the State perchloroethylene (tetrachloroethylene) and Stoddard drycleaning solvent. A surcharge of ten dollars per gallon on perchloroethylene halogenated drycleaning fluid and two dollars per gallon on Stoddard solvent nonhalogenated cleaner is levied on each gallon to be used for drycleaning purposes when first imported into or produced in the State. Nonhalogenated cleaners purchased, produced, or transported in a nonliquid physical state must be assessed a surcharge of twenty cents per pound. A drycleaning facility not subject to this article that has made an election not to be under the provisions of this article pursuant to Section 44-56-485(A) or (B) may request a statement of nonparticipation from the Department of Revenue so as to demonstrate its status under this article and its exemption from the surcharge provided for in this subsection.
(B) A person producing in, importing into, or causing to be imported into this State perchloroethylene and Stoddard drycleaning solvent for sale, use, or otherwise must register with the Department of Revenue and become licensed for the purposes of remitting the surcharge pursuant to this section. The person must register as a producer or importer of perchloroethylene or Stoddard drycleaning solvent. Persons operating at more than one location only are required to have a single registration. The fee for registration is thirty dollars. Failure to timely register before importing or producing drycleaning solvent into this State is a misdemeanor and, upon conviction, the person must be fined up to one twenty-five thousand dollars or imprisoned up to thirty days.
(C) The surcharge imposed by this section is due and payable on the first or before the twentieth day of the month succeeding the month of production, importation, or removal from a storage facility and must be paid on or before the twentieth day of the month. The surcharge must be reported on forms and in the manner prescribed determined by the Department of Revenue by regulation.
(D) An owner, operator, or person subject to the surcharge under this section or a person who sells surcharge-paid perchloroethylene or Stoddard solvent, other than a retail dealer, must separately state the amount of the surcharge paid on a charge ticket, sales slip, invoice, or other tangible evidence of the sale or must certify on the sales document that the surcharge required pursuant to this section has been paid.
(E) All perchloroethylene and Stoddard drycleaning solvent to be used for drycleaning purposes which are imported, produced, or sold in this State are presumed to be subject to the surcharge imposed by this section. An owner, operator, or person, except the final retail consumer, who has purchased perchloroethylene or Stoddard drycleaning solvent for use in drycleaning for sale, use, consumption, or distribution in this State must document that the surcharge imposed by this section has been paid or must pay the surcharge directly to the Department of Revenue in accordance with subsection (C). The solvent dealer may pass the costs of the surcharge to owners, operators, or persons of drycleaning facilities except the surcharge imposed by this section must not be charged to a facility possessing a statement of nonparticipation pursuant to Section 44-56-480(A).
(F)(E) The surcharge imposed by this section must be remitted to the Department of Revenue. The payment must be accompanied by the forms as the Department of Revenue prescribes. The proceeds of the surcharge, after deducting the administrative costs incurred by the Department of Revenue in administering, auditing, collecting, distributing, and enforcing the surcharge, must be remitted by the Department of Revenue to the State Treasurer to be credited to the Drycleaning Facility Restoration Trust Fund and must be used as provided in Section 44-56-420. For the purposes of this section, the proceeds of the surcharge include all funds collected and received by the Department of Revenue, including interest and penalties on delinquent surcharges.
(G)(F) The Department of Revenue shall administer, collect, and enforce the surcharge authorized under this section pursuant to the same procedures used in the administration, collection, and enforcement of the general state sales tax imposed under Title 12 except as provided in this section in the manner that sales and use taxes are administered, collected, and enforced under Chapter 36 of Title 12, except no timely payment discount or exemptions or exclusions are allowed. Provisions of Title 12 regarding the department's Department of Revenue's authority to audit and make assessments, the keeping of books and records, and interest and penalties on delinquent taxes apply. The surcharge may not be included in the computation of estimated taxes nor does the dealer's credit for collecting taxes or fees apply to the surcharge.
(H)(G) The Department of Revenue shall retain funds for the incremental cost to administer the program. The Department of Revenue may promulgate regulations and may prescribe and publish forms as may be necessary to effectuate the purposes of this section. The Department of Revenue must retain funds for the costs incurred to administer, collect, and enforce the program. The proceeds of the surcharge, after deducting the costs incurred by the Department of Revenue in administering, auditing, collecting, distributing, and enforcing the surcharge, must be remitted to the State Treasurer and credited to the fund and must be used as provided in Section 44-56-420. For the purposes of this section, the proceeds of the surcharge include interest and penalties collected by the Department of Revenue.
(I)(H) The Department of Revenue may establish audit procedures and assess delinquent surcharges.
(J)(I) Perchloroethylene and Stoddard Drycleaning solvent used for drycleaning exported from the first storage facility at which it is held in this State by the producer or importer is exempt from the surcharge pursuant to this section. Anyone exporting perchloroethylene or Stoddard drycleaning solvent on which the surcharge has been paid may apply for a refund or credit. A person who sells drycleaning solvent that is exempt from the collection of the surcharge pursuant to subsection (D) may apply for a credit or refund. The Department of Revenue may require information as it considers necessary in order to approve the refund or credit.
(K)(J) The Department of Revenue may authorize:
(1) a quarterly return and payment when the surcharge remitted by the licensee for the preceding quarter did not exceed one hundred dollars;
(2) a semiannual return and payment when the surcharge remitted by the licensee for the preceding six months did not exceed two hundred dollars;
(3) an annual return and payment when the surcharge remitted by the licensee for the preceding twelve months did not exceed four hundred dollars."
SECTION 9. Section 44-56-485 of the 1976 Code is amended to read:
"Section 44-56-485. (A) Notwithstanding any other provision of this article, this article does not apply to a drycleaning facility that is in existence on July 1, 1995, that drycleans with Stoddard solvents or its breakdown products nonhalogenated cleaners only. However, an owner or operator of a facility or person may elect to place the facility under the provisions of this article by paying the required annual fee for the facility before October 1, 1995. If an owner or operator of a facility or person does not elect to place a facility under this article before October 1, 1995, the current or a future owner or operator of the site or person is prohibited from receiving any funds or assistance under this article. Failure to pay the required annual fee by October 1, 1995, constitutes electing not to place a facility under this article. Additionally, an owner, operator, or person who does not elect to place a facility under this article is prohibited from receiving any funds or assistance under this article for any site the owner, operator, or person currently or previously operated or abandoned.
(B) A drycleaning facility in existence on July 1, 1995, that uses perchloroethylene halogenated fluids and Stoddard solvent or their breakdown products nonhalogenated cleaners may elect to remove the facility from the requirements of this article if the election is made before October 1, 1995. Failure to pay the required annual fee by October 1, 1995, constitutes electing to remove a facility from the requirements of this article. An owner, operator, or person of a facility using perchloroethylene halogenated and Stoddard solvents or their breakdowns nonhalogenated cleaners may not elect to remove a facility from the requirements of this article for one solvent and not the other.
(C) Notwithstanding subsections (A) and (B) of this section, if a person or an owner or operator of a drycleaning facility in existence on July 1, 1995, has made an election not to place a facility under the provisions of this article as allowed in subsection (A) or (B) above, then the person, owner, or operator may affirmatively and irrevocably elect to place the drycleaning facility under the provisions of this article. This election must be made by registering with the Department of Revenue on or before July 1, 2004, and paying the fees and taxes provided under this article. An electing drycleaning facility is liable for payment of all taxes and fees from the later of July 1, 1995, or the date the drycleaning facility began operating, but is not liable for any penalties or interest.
(D) Notwithstanding any other provision of this article, any person or owner or operator of a drycleaning facility that has not registered with the Department of Revenue and complied with the provisions of this article may voluntarily register with the Department of Revenue on or before July 1, 2005, without incurring any penalties or interest. Payment of all taxes and fees due pursuant to this article is required to be made from the later of July 1, 1995, or the date the drycleaning facility began operating. Any person or owner or operator of a drycleaning facility that does not voluntarily register under this provision is subject to interest, penalties, and payment of all taxes and fees from the later of July 1, 1995, or the date the drycleaning facility began operating. No fees will be prorated or refunded for a business in operation for less than twelve months.
(E) Notwithstanding any other provisions in this article, the department may direct the Department of Revenue to allow a person or owner or operator of a drycleaning facility, who elected not to place the facility under this article pursuant to subsection (A) or (B) of this section to register, provided the department finds that the person or owner or operator of the drycleaning facility requesting to register did not have notice of this article for more than ninety days prior to requesting registration. The person or owner or operator of a drycleaning facility registering pursuant to this subsection is liable for payment of all taxes or fees, including interest, from the later of July 1, 1995, or the date the drycleaning facility began operating; however, the registering person, owner, or operator is not liable for penalties. No fees will be prorated or refunded for a business in operation for less than twelve months."
SECTION 10. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 11. This act takes effect upon approval by the Governor. The repeal or amendment of a code section by this act does not release or extinguish any tax, fee, interest, penalty, forfeiture, or liability for any period prior to the repeal or amendment. The repealed or amended code section or act must be treated as remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of the tax, fee, interest, penalty, forfeiture, or liability./
Renumber sections to conform.
Amend title to conform.
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. 4527 (Word version) -- Reps. M. A. Pitts, Bailey and Koon: A BILL TO AMEND SECTION 12-6-1140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS, SO AS TO EXTEND THE DEDUCTION ALLOWED AN ELIGIBLE VOLUNTEER FIREMAN, VOLUNTEER RESERVE SQUAD MEMBER, AND VOLUNTEER MEMBER OF A HAZARDOUS MATERIALS (HAZMAT) RESPONSE TEAM TO A RESERVE POLICE OFFICER, TO DELETE OBSOLETE LANGUAGE, AND TO PROVIDE DEDUCTION ELIGIBILITY REQUIREMENTS FOR A RESERVE POLICE OFFICER.
Rep. VAUGHN proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22583HTC04), which was adopted:
Amend the bill, as and if amended, in Section 12-6-1140(10), as contained in SECTION 1, page 1, by inserting before / For / on line 33 / An individual may receive only one deduction pursuant to this item. / so that when amended, Section 12-6-1140(10) reads:
/ "(10) three thousand dollars a deduction calculated as provided in this item for a volunteer firefighter, rescue squad member, or volunteer member of a Hazardous Materials (HAZMAT) Response Team, or reserve police officer not otherwise eligible for this exemption. An individual may receive only one deduction pursuant to this item. For taxable years after 2000, The Board of Economic Advisors annually shall estimate a maximum deduction that may be permitted under this section for a taxable year based on an individual income tax revenue loss of three million one hundred thousand dollars attributable to this deduction and shall certify that maximum deduction to the Department of Revenue and for the applicable taxable year, the maximum deduction amount must not exceed the lesser of the certified estimate or three thousand dollars. Only a volunteer earning a minimum number of points pursuant to Section 23-9-190 is eligible for this deduction. However, in the case of a reserve police officer and in lieu of minimum points determining eligibility, this deduction is allowed only if the reserve police officer's coordinator-supervisor certifies in writing to the officer that the officer met all requirements of Chapter 28, Title 23 applicable to a reserve police officer for the entire taxable year. The certification must be on a form approved by the Department of Revenue that must be filed with the officer's tax return for the exemption to be claimed." /
Renumber sections to conform.
Amend title to conform.
Rep. VAUGHN 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. 4465 (Word version) -- Reps. Vaughn, Altman, Leach and Mahaffey: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FIFTY THOUSAND DOLLAR HOMESTEAD EXEMPTION FOR THE PERSON OVER SIXTY-FIVE YEARS OF AGE AND DISABLED PERSONS, SO AS TO INDEX THE EXEMPTION AMOUNT TO INFLATION IN THE SAME MANNER AND BY THE SAME PERCENTAGE THAT FEDERAL INCOME TAX BRACKETS ARE ADJUSTED TO REFLECT INCREASES IN THE CONSUMER PRICE INDEX.
Rep. BALES proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3893DW04), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. A. Section 12-37-224 of the 1976 Code is amended to read:
"Section 12-37-224. A motor home, or trailer used for camping and recreational travel that is pulled by a motor vehicle, on which the interest portion of indebtedness is deductible pursuant to the Internal Revenue Code as an interest expense on a qualified primary or second residence is also a primary or second residence for purposes of ad valorem property taxation in this State and is considered real property rather than personal property for property tax purposes."
B. This section takes effect upon approval by the Governor and is applicable to property tax years beginning in 2003. /
Renumber sections to conform.
Amend title to conform.
Rep. BALES explained the amendment.
The amendment was then adopted.
Rep. BALES explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 769 (Word version) -- Senators Cromer and Reese: A BILL TO AMEND SECTION 12-37-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL EXEMPTIONS FROM PROPERTY TAXES INCLUDING THE EXEMPTION OF A DWELLING HOUSE OF A VETERAN WHO IS DISABLED FROM A SERVICE-CONNECTED DISABILITY, SO AS TO DEFINE THE TERM "PERMANENTLY AND TOTALLY DISABLED" AND TO ALLOW THE SURVIVING SPOUSE OF A DISABLED VETERAN TO RECEIVE THE EXEMPTION FOR ANY SUBSEQUENT DWELLING.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22554HTC04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 12-37-220(B)(1) of the 1976 Code, as amended by Act 404 of 2000, is further amended to read:
"(1)(a) The dwelling house in which he resides and a lot not to exceed one acre of land owned in fee or for life, or jointly with a spouse, by a veteran who is one hundred percent permanently and totally disabled from a service-connected disability, if the veteran or qualifying surviving spouse files a certificate, signed by the county service officer, of the total and permanent disability with the Department of Revenue. The exemption is allowed the surviving spouse of the veteran and also is allowed to the surviving spouse of a serviceman or law enforcement officer as defined in Section 23-6-400(D)(1) killed in action in the line of duty who owned the lot and dwelling house in fee or for life, or jointly with his spouse, so long as the spouse does not remarry, resides in the dwelling, and obtains the fee or a life estate in the dwelling. A surviving spouse who disposes of the exempt dwelling and acquires another residence in this State for use as a dwelling house with a value no greater than one and one-half times the fair market value of the exempt dwelling may apply for and receive the exemption on the newly acquired dwelling, but a subsequent dwelling of a surviving spouse is not eligible for exemption pursuant to this item. The spouse shall inform the Department of Revenue of the change in address of the dwelling. To qualify for the exemption, the dwelling house must be the domicile of the person who qualifies for the exemption.
(b) When a trustee holds legal title to a dwelling for a beneficiary and the beneficiary is a person who qualifies otherwise for the exemption provided in subitem (a) and the beneficiary uses the dwelling as his domicile, the dwelling is exempt from property taxation in the same amount and manner as dwellings are exempt pursuant to subitem (a).
(a) The house owned by an eligible owner in fee or jointly with a spouse.
(b) The house owned by a qualified surviving spouse acquired from the deceased spouse and a house subsequently acquired by an eligible surviving spouse. The qualified surviving spouse shall inform the Department of Revenue of the address of a subsequent house.
(c) When a trustee holds legal title to a dwelling for a beneficiary and the beneficiary is a person who qualifies otherwise for the exemptions provided in subitems (a) and (b) and the beneficiary uses the dwelling as the beneficiary's domicile, the dwelling is exempt from property taxation in the same amount and manner as dwellings are exempt pursuant to subitems (a) and (b).
(d) The Department of Revenue may require documentation it determines necessary to determine eligibility for the exemption allowed by this item.
(e) As used in this item:
(i) 'eligible owner' means:
(A) a veteran of the armed forces of the United States who is permanently and totally disabled as a result of a service-connected disability and who files with the Department of Revenue a certificate signed by the county service officer certifying this disability;
(B) a former law enforcement officer as further defined in Section 23-6-400(D)(1), who is permanently and totally disabled as a result of a law enforcement service-connected disability;
(C) a former firefighter, including a volunteer firefighter as further defined in Chapter 80 of Title 40, who is permanently and totally disabled as a result of a firefighting service-connected disability;
(ii) 'permanently and totally disabled' means the inability to perform substantial gainful employment by reason of a medically determinable impairment, either physical or mental, that has lasted or is expected to last for a continuous period of twelve months or more or result in death.
(iii) 'qualified surviving spouse' means the surviving spouse of an individual described in subsubitem (i) while remaining unmarried, who resides in the house, and who owns the house in fee or for life. Qualified surviving spouse also means the surviving spouse of a member of the armed forces of the United States who was killed in action, or the surviving spouse of a law enforcement officer or firefighter who died in the line of duty as a law enforcement officer or firefighter, as these terms are further defined in Section 23-6-400(D)(1) and Chapter 80 of Title 40 who at the time of death owned the house in fee or jointly with the now surviving spouse, if the surviving spouse remains unmarried, resides in the house, and has acquired ownership of the house in fee or for life.
(iv) 'house' means a dwelling and the lot on which it is situated classified in the hands of the current owner for property tax purposes pursuant to Section 12-43-220(c)."
SECTION 2. This act takes effect upon approval by the Governor and applies for property tax years beginning after 2004. /
Renumber sections to conform.
Amend title to conform.
Rep. COTTY 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. 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, Young, Walker, Clemmons, Lourie, Sandifer, Owens, Clark, Weeks, McLeod, Whipper, Allen and Jennings: 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 DEPARTMENT MAY ESTABLISH STANDARDS FOR LEVELS OF TRAUMA CENTER DESIGNATIONS AND TO PROVIDE FOR THE FURTHER REGULATION OF SUCH CENTERS; TO ESTABLISH THE TRAUMA ADVISORY COUNCIL TO ADVISE THE DEPARTMENT ON THE DEVELOPMENT OF THE TRAUMA CARE SYSTEM; AND TO ESTABLISH THE TRAUMA CARE FUND FOR PAYMENT OF THE DEPARTMENT'S EXPENSES IN ESTABLISHING ADMINISTERING, AND OVERSEEING THE STATE TRAUMA CARE SYSTEM.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12401AC04), which was adopted:
Amend the bill, as and if amended, Section 44-61-520(D) as contained in SECTION 1, page 5, at line 9, by deleting /October 1, 2003/ and inserting /the effective date of this article/. So when amended SECTION 44-61-520(D) will read:
/ (D) Within one year of the effective date of regulations promulgated pursuant to this article, a Trauma Center designated prior to the effective date of this article, which wishes to remain a designated Trauma Center, must comply with the provisions of this article and submit an application and obtain approval by the department to maintain its status as a designated trauma center./
Amend the bill further, Section 44-61-540(C) as contained in SECTION 1, page 7 by deleting subsection (C) in its entirety and inserting:
/(C) If there is adequate funding in the State Trauma Fund, the department shall promulgate regulations to establish the distribution of funds in accordance with the purposes stated in subsection (B). The department is solely responsible for determining the priority of distributions and may use contracts with other agencies, including the Department of Health and Human Services, in the distribution of these funds./
Amend the bill further, by striking Section 44-61-540(E) as contained in SECTION 1, page 8, by deleting subsection (E) in its entirety and inserting:
/(E) All of the department's duties pursuant to this article including the requirement to promulgate regulations are contingent upon adequate funding to cover the department's operating and administrative costs. If adequate funding does not exist in the State Trauma Fund, the department is not obligated to carry out any duties pursuant to this article./
Amend the bill further, by deleting Section 2 in its entirety and inserting:
/SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. NEILSON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
H. 4971 (Word version) -- Reps. Harrell, Quinn, Clyburn, Davenport, Edge, Rice, Neilson, Cobb-Hunter and Whipper: A JOINT RESOLUTION TO ESTABLISH THE SOUTH CAROLINA COMMISSION ON HEALTH CARE ACCESS, TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND FUNCTIONS OF THE COMMISSION, AND TO PROVIDE THAT THE COMMISSION IS DISSOLVED JUNE 30, 2007, OR AT THE CONCLUSION OF ITS WORK, WHICHEVER OCCURS EARLIER.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\21125SD04), which was adopted:
Amend the joint resolution, as and if amended, by striking subsection (B) of SECTION 1 and inserting:
/(B) The commission's objectives include:
(1) providing the direction and leadership for implementing a plan for a Medicaid Expansion Program for working adults of small business. The commission shall consider a program that will provide a statewide employer coverage option that would cover all of the employees in a group plan, and that would subsidize the premium for individuals/families whose income is up to two hundred percent of the federal poverty level;
(2) developing appropriate licensing and oversight regulations subject to the Department of Insurance's approval that will allow existing and new nonprofit community-based health care programs to raise funds through prepayment fees. These fees are to be used to expand programs, increase participant size, or increase provider reimbursement. The plan design, fees, and networks must be based on the community needs;
(3) seeking funding to develop educational programs to prepare South Carolinians to be more informed health care consumers and the beneficiaries of this should include children, adults, employers, and providers;
(4) investigating other issues that may be barriers to accessing health care including the ability of small businesses to be in a position to offer affordable health care insurance to employees. /
Amend further, as and if amended, by striking subsection (E) as contained in SECTION 1 and inserting:
/ (E) The commission shall publish on the Department of Insurance's web-site agendas, minutes, and related commission information. A written report of the commission's minutes or other reports must be provided to any member of the General Assembly at his request. After the accomplishment of the commission's work, or by June 30, 2007, whichever occurs earlier, the commission is dissolved. /
Renumber sections to conform.
Amend title to conform.
Rep. NEILSON explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4963 (Word version) -- Reps. Harrell, Mack and Neilson: A BILL TO AMEND SECTIONS 9-8-10, 9-8-50, 9-8-60, AS AMENDED, AND 9-8-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS, CREDITED SERVICE, RETIREMENT AND RETIREMENT ALLOWANCES, AND MEMBERS' CONTRIBUTIONS FOR PURPOSES OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DEFINE "EARNED SERVICE" FOR PURPOSES OF THIS SYSTEM, PROVIDE THE TYPE AND AMOUNT OF SERVICE CREDIT THAT MAY BE ESTABLISHED IN THIS SYSTEM AND THE COST REQUIRED TO ESTABLISH SERVICE CREDIT, PROVIDE THE OPTIONS AVAILABLE TO A MEMBER WHO TERMINATES SERVICE BEFORE RETIREMENT, PROVIDE THE AMOUNT OF EARNED SERVICE NECESSARY FOR A MEMBER OF THIS SYSTEM TO VEST AND RECEIVE A MONTHLY RETIREMENT BENEFIT, CONFORM THE SERVICE REQUIREMENTS FOR RECEIVING A MONTHLY RETIREMENT ALLOWANCE TO THESE REVISIONS, AND INCREASE MEMBER CONTRIBUTIONS FROM SEVEN TO TEN PERCENT OF COMPENSATION PHASED IN OVER THREE YEARS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22585HTC04), which was adopted:
Amend the bill, as and if amended, by striking Section 3 beginning on page 5 and inserting:
/ SECTION 3. Section 9-8-60 of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:
"Section 9-8-60. (1) A member of the system may retire upon written application to the board setting forth at what time, not later than the end of the calendar year in which the member attains age seventy-two and not more than ninety days prior nor more than six months subsequent to the execution and filing thereof, the member desires to be retired, if the member at the time so specified for retirement is no longer in the service of the State, except as a member of the General Assembly, and has completed ten years of credited earned service as a judge or eight years of credited earned service as a solicitor or was in service as a judge or solicitor on July 1, 1984, and has either:
(a) attained the age of sixty-five and completed at least twenty years of credited service, or
(b) attained age seventy and completed at least fifteen years of credited service, or
(c) attained age sixty-five with at least four years' service in the position and has completed at least twenty-five years' other service with the State, or completed at least twenty-five years of credited service regardless of age of credited service in the system for a judge, or twenty-four years of credited service in the system for a solicitor, regardless of age. A solicitor is eligible to retire upon completion of twenty-four years of credited service regardless of age.
A member may retire under this section if the member was a member of this system as of June 30, 2004; attained age sixty-five with at least four years' earned service in the position of judge or solicitor; and, as of June 30, 2004, had a total of twenty-five years of credited service with the State in the South Carolina Retirement System, the Police Officers Retirement System, or the Retirement System for Members of the General Assembly.
A person is not eligible to receive a retirement allowance under this system while under employment covered by the South Carolina Retirement System and the South Carolina Police Officers Retirement System except as provided in Section 9-8-65.
A person receiving retirement allowances under this system who is elected to the General Assembly continues to receive the retirement allowances while serving in the General Assembly and must also be a member of the General Assembly Retirement System unless the person files a statement with the State Budget and Control Board on a form prescribed by the board electing not to participate in the General Assembly Retirement System while a member of the General Assembly. A person making this election shall not make contributions to the General Assembly Retirement System nor shall the State make contributions on the member's behalf and the person is not entitled to benefits from the General Assembly Retirement System after ceasing to be a member of the General Assembly.
(2) A retired member shall receive a monthly retirement allowance which is equal to one-twelfth of seventy-one and three-tenths percent of the current active salary of the respective position.
(3) No member shall be permitted to retire and resign on account of being totally and permanently disabled and to receive the retirement benefit herein provided for until it is proven to the satisfaction of the Supreme Court, or a majority of the justices thereof, that the member is totally and permanently disabled, physically or mentally, or both, from further rendering useful and efficient service in the position. Upon the finding of the Supreme Court that any member is totally and permanently disabled, the Supreme Court shall notify the director of its findings. A member shall have a minimum of five years of credited earned service to qualify for disability retirement.
(4) Any beneficiary receiving a retirement allowance under any other system of the State providing retirement benefits for judges or from the Solicitors' Retirement Program established pursuant to Article 4 of Chapter 7 of Title 1 shall become a beneficiary under this system as of July 1, 1979, and shall receive a retirement allowance under this section adjusted in accordance with the provisions of this section or Section 9-8-90, whichever is applicable, in lieu of any retirement allowance under such other system. The full amount of any accumulated contributions or assets held by that system on behalf of the beneficiary shall be transferred to this system promptly pursuant to the provisions of this chapter. Notwithstanding anything herein to the contrary, no beneficiary under this section shall receive an allowance which is less than the allowance he would have received under such other system as of July 1, 1979.
(5) A member who retires, who has completed at least twenty-five years of credited service, or twenty-four years in the case of a solicitor, shall receive a monthly retirement allowance which must be equal to one-twelfth of seventy-one and three-tenths percent of the current active salary of the respective position plus one-twelfth of two and sixty-seven hundredths percent of the current active salary of the respective position for each additional year of active earned service over twenty-five, or twenty-four in the case of a solicitor. The monthly retirement allowance may not exceed one-twelfth of ninety percent of the current active salary of the respective position.
(6) A member retiring after 2003, shall receive an additional benefit, paid at retirement, equal to the member's employee contributions, plus interest, paid to the system after the member attains sufficient creditable service to become eligible to receive the maximum benefit of ninety percent of the current active salary of the respective position under this section." /
Renumber sections to conform.
Amend title to conform.
Rep. NEILSON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. RICE moved to adjourn debate upon the following Bill until Tuesday, April 20, which was adopted:
H. 4924 (Word version) -- Reps. Witherspoon, Harrell, Cobb-Hunter, Battle, Martin, Kirsh, Viers, Rhoad, McGee, Hayes, Lucas, Whipper, Quinn, Jennings, Coleman, Snow, J. Hines, Bailey, Bales, Barfield, Branham, Breeland, G. Brown, R. Brown, Cato, Chellis, Clemmons, Coates, Cooper, Davenport, Delleney, Duncan, Edge, Emory, Frye, Hamilton, Harrison, Haskins, Herbkersman, M. Hines, Keegan, Kennedy, Koon, Leach, Limehouse, Littlejohn, Loftis, Mahaffey, McCraw, Miller, J. M. Neal, Neilson, Ott, Perry, Phillips, Pinson, M. A. Pitts, Rice, Richardson, Rivers, Sandifer, Sinclair, D. C. Smith, G. R. Smith, J. R. Smith, Stille, Townsend, Trotter, Vaughn, Walker, White and Young: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 48 SO AS TO PROVIDE FOR FURTHER ENFORCEMENT OF THE TOBACCO ESCROW FUND ACT, INCLUDING BOTH CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, TO AMEND SECTION 11-47-30, RELATING TO THE REQUIREMENT FOR A TOBACCO PRODUCT MANUFACTURER TO EITHER PARTICIPATE IN THE MASTER SETTLEMENT AGREEMENT OR DEPOSIT MONIES INTO A QUALIFIED ESCROW FUND, SO AS TO PROVIDE THAT ESCROW PAYMENTS REQUIRED OF A NONPARTICIPATING TOBACCO PRODUCTS MANUFACTURER AND ANY REFUND OF AN ESCROW OVERPAYMENT BY SUCH A MANUFACTURER ARE BASED ON UNITS SOLD IN THIS STATE COMPARED WITH MASTER SETTLEMENT AGREEMENT PAYMENTS RATHER THAN AN ALLOCABLE SHARE.
The following Bill was taken up:
H. 4734 (Word version) -- Reps. Howard, Cobb-Hunter, Gourdine, Jennings, Lee, J. H. Neal, Weeks, Ott, Lourie, Kennedy, Harvin, Coleman and Whipper: A BILL TO AMEND SECTIONS 2-19-10, 2-19-20, 2-19-35, 2-19-70, AND 2-19-80, ALL AS AMENDED, AND SECTION 2-19-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, ALL SO AS TO CHANGE THE COMMISSION'S PROCESS FOR NOMINATING JUDICIAL CANDIDATES FROM THE NOMINATION OF THREE CANDIDATES TO THE RELEASE OF A LIST OF ALL QUALIFIED CANDIDATES TO THE GENERAL ASSEMBLY AND TO PROVIDE FURTHER CONFORMING CHANGES.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7247AHB04):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 2-19-10(A) of the 1976 Code, as last amended by Act 391 of 1996, is further amended to read:
"(A) Whenever When an election is to be held by the General Assembly in Joint Session, for members of the judiciary, a Judicial Merit Selection Commission, composed of ten members, shall must be appointed, in the manner prescribed by this section, to consider the qualifications and fitness of the candidates. The Judicial Merit Selection Commission shall meet at least once annually and at other times as may be designated by the chairman. The commission, at its first meeting and then annually, shall elect a chairman and a vice chairman who shall serve for a term of one year and until their successors are elected and qualified, and adopt rules necessary to the purposes of the commission. These rules shall address, among other things:
(1) the confidentiality of records and other information received concerning candidates for judicial office;
(2) the conduct of proceedings before the commission;
(3) receipt of public statements in support of or in opposition to any of the candidates;
(4) procedures to review the qualifications and fitness of retired judges for continued judicial service;
(5) contacting incumbent judges regarding their desire to seek re-election;
(6) prohibition against candidates communicating with individual members of the commission concerning the qualifications and fitness of candidates unless specifically authorized by the commission.
A member may succeed himself as chairman or vice chairman. Six members of the commission constitute a quorum at all meetings."
SECTION 2. Section 2-19-20 of the 1976 Code, as last amended by Act 32 of 1999, is further amended to read:
"Section 2-19-20 (A) It is the responsibility of the Judicial Merit Selection Commission to determine when judicial vacancies are to will occur in the administrative law judge division and on the family court, circuit court, court of appeals, or Supreme Court and to expeditiously investigate in advance the qualifications and fitness of those who seek nomination judicial office. For purposes of this chapter, a vacancy is created in the administrative law judge division or on the family court, circuit court, court of appeals, or Supreme Court when any of the following occurs:
(1) a term expires;
(2) a new judicial position is created; or
(3) a judge can no longer serve due to resignation, retirement, disciplinary action, disability, or death.
(B) The commission, upon receiving notice of a judicial vacancy, ascertaining that a judicial vacancy shall will occur, or receiving the decision of an incumbent judge regarding his seeking re-election, shall notify the Supreme Court of the vacancy for publication in the advance sheets provided by the Clerk of the Supreme Court at least thirty days prior to closing applications for the vacancy. The commission also shall, if practicable, also notify the South Carolina Bar, if practicable, other professional legal organizations it considers appropriate, and each newspaper of this State with daily circulation of the vacancy at least thirty days prior to closing applications for the vacancy. This notice must include, but not be limited to, the judicial office in which the vacancy occurs, the address to which, and the date by which interested candidates may apply.
(C) The Judicial Merit Selection Commission shall announce and publicize vacancies and forthcoming vacancies in the administrative law judge division, on the family court, circuit court, court of appeals, and Supreme Court. A person who desires to be considered for nomination judicial office as justice or judge may make application to the commission. No person may concurrently seek more than one judicial vacancy. The commission shall announce the names of those persons who have applied.
(D) Any person wishing to seek a judicial office, which is elected by the General Assembly, shall file a notice of intention to seek the office with the Judicial Merit Selection Commission. Upon receipt of the notice of intention, the commission shall begin to conduct the investigation of the candidate as it considers appropriate and may in the investigation utilize the services of any agency of state government. This Upon request, the agency shall, upon request, cooperate fully with the commission."
SECTION 3. Section 2-19-25 of the 1976 Code, as last amended by Act 391 of 1996, is further amended to read:
"Section 2-19-25. The Judicial Merit Selection Commission is authorized to investigate and obtain information relative to any candidate for an administrative law judgeship or a family court, circuit court, court of appeals, or Supreme Court judgeship from any state agency or other group including, but not limited to, court administration and any law enforcement agency, to the extent permitted by law. The chairman of the commission shall notify the president of the South Carolina Bar of the judgeships to be filled and of the candidates for those judgeships no later than four weeks before the scheduled date for the public hearing. The chairman of the commission shall also shall request the South Carolina Bar to offer the commission an assessment of each candidate's qualifications and fitness for the judgeship sought, and the date by which the assessment must be returned to the commission. This assessment must specify the bar's finding as to whether each candidate is qualified or unqualified for the judgeship sought and the reasons for that finding. The commission may receive the bar's assessment in that form and at that time it desires but shall attach the assessments to its findings of fact in such a form as the commission considers appropriate. Failure of the bar to return the assessment by the date requested is not a ground for delaying the applicable hearings or election."
SECTION 4. Section 2-19-30 of the 1976 Code, as last amended by Act 388 of 1998, is further amended to read:
"Section 2-19-30. (A) Upon completion of the investigation, the Chairman of the Judicial Merit Selection Commission shall schedule a public hearing concerning the qualifications and fitness of the candidates. Any person who desires to testify at the hearing, including candidates, shall furnish a written statement of his proposed testimony to the commission. The statements must be furnished no later than forty-eight hours before the date and time set for the hearing. The commission shall determine the persons who shall testify at the hearing. All testimony, including documents furnished to the commission, must be submitted under oath and persons knowingly furnishing false information either orally or in writing are subject to the penalties provided by law for perjury and false swearing.
(B) During the course of the investigation, the commission may schedule an executive session at which each candidate, and other persons whom the commission wishes to interview, may be interviewed by the commission on matters pertinent to the candidate's qualification qualifications and fitness for the office to be filled.
(C) A After a reasonable time thereafter, the commission shall render its tentative findings as to whether the candidate is qualified and fit for the office to be filled and its reasons therefor for the findings as to each candidate.
(D) As soon as possible after the completion of the hearing, a verbatim copy of the testimony, documents submitted at the hearing, and findings of fact must be transcribed and published or otherwise made available in a reasonable number of copies to the members of both houses prior to the date of the scheduled election, and a copy thereof shall must be furnished to each candidate and anyone else upon request. A charge for these copies may be made as authorized in the Freedom of Information Act.
(E) A candidate may withdraw at any stage of the proceedings and in this event no further inquiry or consideration of his candidacy shall may be made. All materials concerning that candidate including his report, transcript, application, materials, and other information gathered during the commission's investigation must be kept confidential and destroyed as soon as possible after the candidate's written notification to the commission of his withdrawal. The information concerning a withdrawn candidate also shall be is exempt from disclosure pursuant to Chapter 4 of Title 30."
SECTION 5. Section 2-19-35 of the 1976 Code, as last amended by Act 391 of 1996, is further amended to read:
"Section 2-19-35. (A) The responsibility of the Judicial Merit Selection Commission is to investigate and consider the qualifications and fitness of the candidates for judicial office in the administrative law judge division or on the family court, circuit court, court of appeals, or Supreme Court. Investigations and consideration of the commission should include, but are not limited to, the following areas:
(1) constitutional qualifications;
(2) ethical fitness;
(3) professional and academic ability;
(4) character;
(5) reputation;
(6) physical health;
(7) mental stability;
(8) experience; and
(9) judicial temperament.
(B) In making nominations, race, gender, national origin, and other demographic factors should be considered by the commission to ensure nondiscrimination to the greatest extent possible as to all segments of the population of the State. "
SECTION 6. Section 2-19-70 of the 1976 Code, as last amended by Act 388 of 1998, is further amended to read:
"Section 2-19-70. (A) No A member of the General Assembly may be elected to not file for a judicial office while he the member is serving in the General Assembly nor shall that person be elected to a judicial office for a period of one year after he either:
(1) ceases to be a member of the General Assembly; or
(2) fails to file for election to the General Assembly in accordance with Section 7-11-15.
(B) The privilege of the floor in either house of the General Assembly may not be granted to any candidate or any immediate family member of a candidate unless the family member is serving in the General Assembly, during the time the candidate's application is pending before the commission and during the time his nomination by the commission he is listed as qualified and fit for election to a particular judicial office by the commission and that election is pending in the General Assembly.
(C) No candidate for judicial office may seek directly or indirectly the pledge of a member of the General Assembly's vote or, directly or indirectly, contact a member of the General Assembly regarding screening for the judicial office until the qualifications and fitness of all candidates for that office have been determined by the Judicial Merit Selection Commission and the commission has formally released its report as to the qualifications and fitness of all candidates for the vacancy to the General Assembly. No member of the General Assembly may offer his pledge until the qualifications and fitness of all candidates for that office have been determined by the Judicial Merit Selection Commission and until the commission has formally released its report as to the qualifications and fitness of its nominees the candidates to the General Assembly. The formal release of the report of qualifications and fitness shall may occur no earlier than forty-eight hours after the nominees have been list of qualified and fit candidates is initially released to members of the General Assembly. For purposes of this section, indirectly seeking a pledge means the candidate, or someone acting on behalf of and at the request of the candidate, requesting a person to contact a member of the General Assembly on behalf of the candidate before nominations the list of qualified and fit candidates for that office are is formally made by the commission. The prohibitions of this section do not extend to an announcement of candidacy by the candidate and statements by the candidate detailing the candidate's qualifications and fitness.
(D) No member of the General Assembly may trade anything of value, including pledges to vote for legislation or for other candidates, in exchange for another member's pledge to vote for a candidate for judicial office.
(E) Violations of this section may be considered by the merit selection commission when it considers the candidate's qualifications and fitness. Violations of this section by members of the General Assembly shall must be reported by the commission to the House or Senate Ethics Committee, as may be applicable. Violations of this section by nonlegislative commission members shall must be reported by the commission to the State Ethics Commission. A violation of this section is a misdemeanor and, upon conviction, the violator must be fined not more than one thousand dollars or imprisoned not more than ninety days. Cases tried under this section may not be transferred from general sessions court pursuant to Section 22-3-545."
SECTION 7. Section 2-19-80 of the 1976 Code, as last amended by Act 49 of 2001, is further amended to read:
"Section 2-19-80. (A) The commission shall make nominations release to the General Assembly of candidates and their qualifications a list of the names of all candidates that are qualified and fit, as provided in Sections 15 and 27, Article V of the Constitution of this State and Section 2-19-35, for election to the Supreme Court, court of appeals, circuit court, family court, and the administrative law judge division. It shall review the qualifications of all applicants for a judicial office and select therefrom and submit to the General Assembly the names and qualifications of the three candidates whom it considers best qualified for the judicial office under consideration. If fewer than three persons apply to fill a vacancy or if the commission concludes there are fewer than three candidates qualified for a vacancy, it shall submit to the General Assembly only the names and qualifications of those who are considered to be qualified, with a written explanation for submitting fewer than three names.
(B) The nominations list of qualified and fit candidates of the commission for any judgeship are is binding on the General Assembly, and it shall not elect a person not nominated found qualified and fit by the commission. Nothing shall prevent the General Assembly from rejecting all persons nominated. In this event, the commission shall submit another group of names and qualifications for that position. Further nominations in the manner required by this chapter must be made until the office is filled.
(C)(1) If the commission does not find the incumbent justice or judge qualified and fit for the judicial office held and sought, his name shall may not be submitted to the General Assembly for re-election and upon expiration of his then current term of office, he shall cease serving in that judicial position.
(2) If the commission finds an incumbent judge not qualified and fit for the office sought, or if an incumbent judge dies, withdraws, or becomes otherwise disqualified for the office sought between the time he makes application for the office and the date of the election therefor, the election for the office may not be held at that scheduled time, and the commission shall proceed in accordance with the provisions of this chapter to make other nominations for the office as though a new vacancy without an incumbent exists in that office, including reopening the application process with all required notices. Nothing prevents the commission from including in its new nominations list of qualified and fit candidates the names, and qualifications, and fitness of persons other than the incumbent judge it included in its previous nominations list.
(D) The commission shall accompany its nominations list of qualified and fit candidates to the General Assembly with reports or recommendations as to the qualifications and fitness of particular candidates.
(E) A period of at least two weeks must elapse between the date of the commission's nominations release of its list of qualified and fit candidates to the General Assembly and the date the General Assembly conducts the election for these judgeships."
SECTION 8. Section 2-19-90 of the 1976 Code, as added by Act 391 of 1996, is amended to read:
"Section 2-19-90. The General Assembly shall meet in joint session for the election of judges. The date and time for the joint session shall be set by concurrent resolution upon the recommendation of the Judicial Merit Selection Commission. The Chairman of the Judicial Merit Selection Commission shall announce the commission's nominees list of qualified and fit candidates for each judicial race, and no further nominating or seconding speeches shall be are allowed by members of the General Assembly. In order to be elected, a candidate must receive a majority of the vote of the members of the General Assembly voting in joint session."
SECTION 9. Section 2-19-100, as last amended by Act 35 of 1997, is further amended to read:
"Section 2-19-100. In order to be eligible for appointment by the Chief Justice to serve, any retired justice or judge of this State must have been reviewed by the Judicial Merit Selection Commission under procedures it shall establish to review retired judges' qualifications and fitness for continued judicial service and be found by the commission to be qualified and fit to serve in these situations within four years of the date of his appointment to serve, except that if a justice or judge retired before the expiration of his then current term, no further review of that justice or judge is required until that term would have expired."
SECTION 10. Section 2-19-110, as last amended by Act 35 of 1997, is further amended to read:
"Section 2-19-110. Upon a vacancy in the office of master-in-equity, candidates therefor shall submit an application to the Judicial Merit Selection Commission. Upon completion of reports and recommendations, the commission shall submit such reports and recommendations on master-in-equity candidates to the appropriate county legislative delegations. The county legislative delegations shall then submit the name of a candidate to the Governor for consideration for appointment. Nothing shall prevent the Governor from rejecting the person nominated by the delegation. In this event, the delegation shall submit another name for consideration. No person found not qualified or unfit by the commission may be appointed to the office of master-in-equity. For purposes of this section, a vacancy is created in the office of the master-in-equity when any of the following occurs: a term expires, a new judicial position is created, or a judge no longer can serve due to resignation, retirement, disciplinary action, disability, or death. The Judicial Merit Selection Commission may begin screening prior to the actual date of the vacancy in the case of an expiration of term, resignation, or retirement pursuant to written notice thereof."
SECTION 11. 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 12. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. DELLENEY explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. DELLENEY having the floor.
The Veto on the following Act was taken up:
(R199) S. 481 (Word version) -- Senator Land: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 1 OF CLARENDON COUNTY TO EXPEND FUNDS IN ITS SCHOOL BUILDING FUND TO MEET ITS COSTS OF OPERATIONS AND MAINTENANCE AND TO REPLACE FUNDS LOST AS A CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS.
Rep. DELLENEY moved to adjourn debate on the Veto until Thursday, April 15, which was agreed to.
The Veto on the following Act was taken up:
(R209) H. 4702 (Word version) -- Rep. Harvin: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 1 IN CLARENDON COUNTY TO EXPEND FUNDS IN ITS SCHOOL BUILDING FUND TO MEET ITS COSTS OF OPERATIONS AND MAINTENANCE AND TO REPLACE FUNDS LOST AS A CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS.
Rep. DELLENEY moved to adjourn debate on the Veto until Thursday, April 15, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
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.
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. 4451 (Word version) -- Reps. G. M. Smith, Altman, Clark and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-342 SO AS TO CREATE THE OFFENSE OF CRIMINAL SOLICITATION OF A MINOR AND TO PROVIDE PENALTIES; TO AMEND SECTIONS 14-7-1610 AND 14-7-1630, BOTH AS AMENDED, BOTH RELATING TO THE JURISDICTION OF A STATE GRAND JURY, SO AS TO ELIMINATE THE REQUIREMENT THAT AN OBSCENITY CRIME MUST BE MULTI-COUNTY IN NATURE OR MUST TRANSPIRE IN MORE THAN ONE COUNTY FOR THE STATE GRAND JURY TO HAVE JURISDICTION; TO AMEND SECTION 16-15-445, RELATING TO THE SEIZURE OF EQUIPMENT USED IN THE COMMISSION OF AN OBSCENITY CRIME INVOLVING A MINOR, SO AS TO INCLUDE A REFERENCE TO SECTIONS 16-15-410 AND 16-15-342; TO AMEND SECTION 16-15-335, RELATING TO HIRING A MINOR TO VIOLATE OBSCENITY LAWS, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION 16-15-345, RELATING TO THE DISSEMINATION OF OBSCENITY TO A PERSON UNDER EIGHTEEN, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION 16-15-355, RELATING TO THE DISSEMINATION OF OBSCENITY TO A PERSON UNDER TWELVE, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION 16-15-385, RELATING TO THE DISSEMINATION OF HARMFUL MATERIAL TO A MINOR, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION 16-15-387, RELATING TO THE EMPLOYMENT OF A PERSON UNDER EIGHTEEN TO APPEAR IN PUBLIC IN A STATE OF SEXUALLY EXPLICIT NUDITY, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION 16-15-395, RELATING TO FIRST DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCREASE THE MINIMUM AND MAXIMUM PENALTIES; TO AMEND SECTION 16-15-405, RELATING TO SECOND DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCREASE THE MINIMUM AND MAXIMUM PENALTIES; TO AMEND SECTION 16-15-410, AS AMENDED, RELATING TO THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCREASE THE PENALTY; AND TO AMEND SECTION 16-15-415, RELATING TO PROMOTING THE PROSTITUTION OF A MINOR, SO AS TO INCREASE THE MINIMUM AND MAXIMUM PENALTIES.
Rep. G. M. SMITH explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3235 (Word version) -- Reps. Harrison, Altman, Bailey, Bales, Talley, Kirsh, Clemmons and Cotty: A BILL TO AMEND SECTION 1-23-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO CHANGE THE NAME OF THE DIVISION TO THE "SOUTH CAROLINA ADMINISTRATIVE LAW COURT", AND TO DIRECT THE CODE COMMISSIONER TO CHANGE ALL REFERENCES TO "ADMINISTRATIVE LAW JUDGE DIVISION" TO "ADMINISTRATIVE LAW COURT" IN THE 1976 CODE; AND TO AMEND SECTION 1-23-600, AS AMENDED, RELATING TO HEARINGS AND PROCEEDINGS BEFORE THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE THAT ALL REQUESTS FOR A HEARING BEFORE THE COURT MUST BE FILED IN ACCORDANCE WITH THE COURT'S RULES OF PROCEDURE.
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. 3594 (Word version) -- Reps. Jennings, Harrison, F. N. Smith, Lucas, G. M. Smith, Hagood, Lourie, McLeod, Bingham, Owens, Scott, Whipper, Delleney and Toole: A BILL TO AMEND SECTION 23-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRING CERTAIN OFFENDERS TO PROVIDE A SAMPLE FROM WHICH DEOXYRIBONUCLEIC ACID (DNA) MAY BE OBTAINED, SO AS TO PROVIDE THAT BEGINNING JULY 1, 2003, RATHER THAN REQUIRING ONLY CERTAIN OFFENDERS TO PROVIDE A DNA SAMPLE, ALL PERSONS CONVICTED OR ADJUDICATED DELINQUENT FOR ANY FELONY MUST PROVIDE SUCH A SAMPLE AND TO INCLUDE PROVISIONS FOR OBTAINING SAMPLES FROM THOSE CONVICTED OR ADJUDICATED DELINQUENT FELONS PRIOR TO THIS ACT'S EFFECTIVE DATE WHO ARE SERVING A TERM OF CONFINEMENT ON THIS ACT'S EFFECTIVE DATE.
Rep. HARRISON moved to adjourn debate on the Senate Amendments, which was agreed to.
The following Concurrent Resolution was taken up:
S. 1076 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF SOUTH CAROLINA HIGHWAY 6 WHICH TRAVERSES THE CORPORATE LIMITS OF THE TOWN OF SAINT MATTHEWS IN CALHOUN COUNTY AS THE T. M. "BABE" NELSON MEMORIAL HIGHWAY IN HONOR OF THE LATE T. M. "BABE" NELSON IN RECOGNITION OF HIS DISTINGUISHED SERVICE TO HIS NATION, STATE, THE TOWN OF SAINT MATTHEWS, HIS CHURCH, AND THE CALHOUN COUNTY DEMOCRATIC PARTY AND FURTHER TO REQUEST THE DEPARTMENT TO INSTALL APPROPRIATE MARKERS OR SIGNS CONTAINING THIS DESIGNATION ON HIGHWAY 6 AT THE MUNICIPAL BOUNDARIES OF THE TOWN OF SAINT MATTHEWS IN RECOGNITION OF THE COMMUNITY AND PUBLIC SERVICE OF THIS DISTINGUISHED SON OF SOUTH CAROLINA.
Whereas, the members of the General Assembly note that the life of the late T. M. "Babe" Nelson of Saint Matthews in Calhoun County serves as a benchmark for those who aspire to community service; and
Whereas, in his life he served his country in World War II as a foot soldier in Europe, and on his return to civilian life served as Mayor of the Town of Saint Matthews; and
Whereas, his service to his community and State continued as a member of the South Carolina House of Representatives, representing Calhoun County, through his service on numerous boards and commissions, including the post from which he retired, Chief Commissioner of what is now the South Carolina Workers' Compensation Commission and his decades of long service as chairman of the Calhoun County Democratic Party; and
Whereas, his devotion to public service was exceeded only by his love for his family and for Saint Paul's United Methodist Church in Saint Matthews; and
Whereas, the fifteen years that have passed since the death of Babe Nelson have only seen his reputation further burnished, his earnest desire to be of assistance to those whom he was in a position to help and his devotion to his beloved family ever more fondly recalled; and
Whereas, it is appropriate that some tangible reminder should be put in place to recall to mind the life and service of such a distinguished and beloved son of South Carolina. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the Department of Transportation is requested to name the portion of Highway 6 in Calhoun County that traverses the corporate limits of the Town of Saint Matthews as the T. M. "Babe" Nelson Memorial Highway in honor of the late Babe Nelson and to install appropriate markers or signs containing the words "T. M. 'Babe' Nelson Memorial Highway" where Highway 6 traverses the corporate limits of the Town of Saint Matthews.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
Rep. SANDIFER moved that the House recur to the Morning Hour, which was agreed to.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 927 (Word version) -- Senator Hawkins: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PASS A PERMANENT BAN ON INTERNET ACCESS TAXES.
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 928 (Word version) -- Senator Hawkins: A CONCURRENT RESOLUTION TO REQUEST THAT THE CONGRESSIONAL DELEGATION OF THE STATE OF SOUTH CAROLINA WORK TO PASS SOCIAL SECURITY PERSONAL RETIREMENT ACCOUNTS.
Ordered for consideration tomorrow.
On motion of Rep. WALKER, with unanimous consent, the following was taken up for immediate consideration:
H. 5114 (Word version) -- Reps. Walker, Sinclair, Anthony, Davenport, Lee, Littlejohn, Mahaffey, 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, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. 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 CONCURRENT RESOLUTION TO HONOR AND CONGRATULATE CAROLE C. WELLS, COMMISSIONER FOR THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION, ON HER RETIREMENT FROM THE COMMISSION ON JUNE 30, 2004, AND TO EXTEND BEST WISHES TO HER IN ALL OF HER FUTURE ENDEAVORS.
Whereas, serving the public sector is always a challenge and working for the citizens of the Palmetto State as a public official requires a level of dedication and commitment not traditionally seen in the average person; and
Whereas, Carole C. Wells has been serving as a Commissioner of the South Carolina Employment Security Commission (SCESC) since 1996, and is currently serving her second four-year term; and
Whereas, the first and only woman to ever hold this position, Ms. Wells is also the first Republican to lead the SCESC and her legislative experience has made her one of the most successful commissioners to lead the SCESC; and
Whereas, joining the South Carolina House of Representatives in 1986, Ms. Wells served on several committees during her ten-year stay in the House, including the Assistant Republican Caucus Leader, the South Carolina House Women's Caucus Co-Chair, and was a member of the Ways and Means Committee and the Budget Subcommittee Chair; and
Whereas, from the South Carolina Concerned Women of America this outstanding and talented lady has won numerous awards and recognitions including the "South Carolina Woman of the Year" Award in 1988, the Rutledge College "Distinguished Citizens" Award, the South Carolina Association of Residential Care Homes "Friend of the Elderly" Award, and the Spartanburg County Citizens for Life "Guardian Angel Award", and the Stennis Center for Southern Women in Public Service "Pacesetter" Award in both 1997 and 1998; and
Whereas, in addition to her work with the SCESC, Ms. Wells also found time to be involved in her community, volunteering for the American Red Cross, joining the Concerned Women for America, the South Carolina PTA, the Republican Women's Club, the First Monday Club, the Former American Legislative Exchange Council, and the Former Appalachian Council of Governments; and
Whereas, Carole Wells has truly played a vital role in South Carolina life during her career of public service and the changes she has implemented as commissioner of the SCESC have made the agency one of the most efficient in state government; and
Whereas, the General Assembly, by this resolution, would like to publicly recognize and thank Carole C. Wells for her distinguished career of public service to her fellow South Carolinians as she retires from the Employment Security Commission. 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, honor and congratulate Carole C. Wells, Commissioner of the South Carolina Employment Security Commission, upon her retirement from the commission on June 30, 2004, and extend best wishes to her in all of her future endeavors.
Be it further resolved that a copy of this resolution be forwarded to Carole C. Wells.
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. 5115 (Word version) -- Reps. Dantzler and Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-34 SO AS TO MAKE IT UNLAWFUL TO HUNT MIGRATORY WATERFOWL IN CERTAIN COVES ON LAKE MARION AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 5116 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS BEFORE THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THE ADMINISTRATIVE LAW JUDGE DIVISION HAS JURISDICTION IN OTHER MATTERS SPECIFICALLY ASSIGNED BY LAW TO THE JURISDICTION OF THE DIVISION; TO AMEND SECTION 16-17-445, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS AND SECTION 34-36-40, RELATING TO LOAN BROKERS, BOTH SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF CONSUMER AFFAIRS TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW JUDGE DIVISION AND TO PROVIDE THAT THE DEPARTMENT MAY REQUEST THAT THE ADMINISTRATIVE LAW JUDGE DIVISION IMPOSE A CIVIL FINE FOR A VIOLATION; TO AMEND SECTION 37-6-106, RELATING TO THE INVESTIGATORY POWERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO PROVIDE THAT THE ADMINISTRATOR MAY APPLY TO THE ADMINISTRATIVE LAW JUDGE DIVISION, RATHER THAN THE COURT OF COMMON PLEAS, FOR AN ORDER COMPELLING COMPLIANCE WITH A SUBPOENA; TO AMEND SECTIONS 37-6-108 AND 37-6-113, BOTH AS AMENDED, RELATING TO AN ORDER OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO PROVIDE A PROCEDURE FOR THE ADMINISTRATOR TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW JUDGE DIVISION AND TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW JUDGE DIVISION'S ORDER AS PROVIDED IN THE ADMINISTRATIVE PROCEDURES ACT AND THE RULES GOVERNING PRACTICE BEFORE THE ADMINISTRATIVE LAW JUDGE DIVISION; TO AMEND SECTION 37-6-401, RELATING TO THE POWERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO PROVIDE THAT A CONFLICT BETWEEN THE PROVISIONS OF PART 4, CHAPTER 6, TITLE 37 AND THE ADMINISTRATIVE PROCEDURES ACT MUST BE RESOLVED IN FAVOR OF THE LATTER; TO AMEND SECTION 37-6-415, RELATING TO APPEALS OF THE PROVISIONS OF PART 4, CHAPTER 6, TITLE 37, SO AS TO PROVIDE THAT A PERSON MAY APPEAL A FINAL JUDGMENT OF THE ADMINISTRATIVE LAW JUDGE DIVISION AS PROVIDED IN THE ADMINISTRATIVE PROCEDURES ACT AND THE RULES GOVERNING PRACTICE BEFORE THE ADMINISTRATIVE LAW JUDGE DIVISION; TO AMEND SECTIONS 37-11-100 AND 37-11-110, RELATING TO LICENSING AND REGULATION OF CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF CONSUMER AFFAIRS TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW JUDGE DIVISION AND TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW JUDGE DIVISION'S ORDER AS PROVIDED IN THE ADMINISTRATIVE PROCEDURES ACT AND THE RULES GOVERNING PRACTICE BEFORE THE ADMINISTRATIVE LAW JUDGE DIVISION; TO AMEND SECTION 37-16-70, RELATING TO PREPAID LEGAL SERVICES, SO AS TO PROVIDE FOR NOTICE AND OPPORTUNITY FOR A HEARING BEFORE THE ADMINISTRATIVE LAW JUDGE DIVISION BY A PREPAID LEGAL SERVICES COMPANY FOR A VIOLATION OF THE PROVISIONS OF THE CHAPTER, TO PROVIDE THAT THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS MAY ISSUE AN ORDER REQUIRING THE CLUB REPRESENTATIVE TO CEASE AND DESIST FROM THE VIOLATION, AND TO PROVIDE THAT THE CLUB REPRESENTATIVE MAY REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW JUDGE DIVISION; TO AMEND SECTIONS 39-61-100 AND 39-61-130, BOTH AS AMENDED, BOTH RELATING TO MOTOR CLUB SERVICES, SO AS TO PROVIDE A PROCEDURE FOR THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW JUDGE DIVISION AND TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW JUDGE DIVISION'S ORDER AS PROVIDED IN THE ADMINISTRATIVE PROCEDURES ACT AND THE RULES GOVERNING PRACTICE BEFORE THE ADMINISTRATIVE LAW JUDGE DIVISION; TO AMEND SECTION 40-39-150, RELATING TO PAWNBROKERS, SECTIONS 40-58-55, 40-58-80, AND 40-58-90, ALL RELATING TO MORTGAGE LOAN BROKERS, SECTION 40-68-160 RELATING TO REGULATION OF STAFF LEASING SERVICES, SECTION 44-79-80, RELATING TO PHYSICAL FITNESS SERVICES, SECTION 56-28-110, RELATING TO NOTIFICATION OF SUBSEQUENT PURCHASERS OF A MOTOR VEHICLE REQUIRED TO BE REPURCHASED RELATING TO MOTOR VEHICLE WARRANTIES, AND SECTION 59-102-20, RELATING TO REGISTRATION OF ATHLETE AGENTS, ALL SO AS TO PROVIDE A PROCEDURE FOR A HEARING BEFORE THE ADMINISTRATIVE LAW JUDGE DIVISION AND TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW JUDGE DIVISION'S ORDER AS PROVIDED IN THE ADMINISTRATIVE PROCEDURES ACT AND THE RULES GOVERNING PRACTICE BEFORE THE ADMINISTRATIVE LAW JUDGE DIVISION.
Referred to Committee on Judiciary
H. 5117 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND SECTION 15-39-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLOSING OF BIDDING AT MORTGAGE FORECLOSURE AND EXECUTION SALES, SO AS TO FURTHER PROVIDE FOR THE TIME WITHIN WHICH BIDDING SHALL REMAIN OPEN AND FOR THE REOPENING OF BIDS.
Referred to Committee on Judiciary
H. 5118 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND SECTION 12-6-3535, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX CREDITS FOR MAKING QUALIFIED REHABILITATION EXPENDITURES FOR A CERTIFIED HISTORIC STRUCTURE, SO AS TO EXPAND THE TYPES OF INCOME TAXES OR LICENSE FEES OR TAXES TO WHICH THESE CREDITS APPLY AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH THE CREDITS EARNED MAY BE PASSED THROUGH TO PARTNERS OR SHAREHOLDERS AND ALLOCATED AMONG PARTNERS.
Referred to Committee on Ways and Means
H. 5119 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 41-35-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISQUALIFICATION FOR BENEFITS OF AN INSURED WORKER UNDER THE EMPLOYMENT SECURITY LAW, SO AS TO PROVIDE THE WORKER IS INELIGIBLE FOR BENEFITS IF HE REFUSES TO TAKE A DRUG TEST OR TESTS POSITIVE DURING A DRUG TEST FOR CERTAIN SUBSTANCES.
Referred to Committee on Labor, Commerce and Industry
H. 5120 (Word version) -- Reps. E. H. Pitts, Duncan, Barfield, Loftis, Clemmons, Hamilton, G. R. Smith and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 25, TITLE 59 SO AS TO ENACT THE "TEACHERS' BILL OF RIGHTS"; TO AMEND SECTION 59-63-210, RELATING TO THE GROUNDS FOR EXPULSION OR SUSPENSION, SO AS TO FURTHER PROVIDE FOR THEM; TO AMEND SECTION 59-63-230, RELATING TO NOTICES OF SUSPENSION AND CONFERENCES WITH PARENTS, SO AS TO FURTHER PROVIDE FOR NOTICES OF SUSPENSION AND CONFERENCES WITH PARENTS AND PROVIDE FOR THE PROCEDURE IF A PARENT FAILS TO ATTEND; TO AMEND SECTION 59-63-235, RELATING TO THE EXPULSION OF A STUDENT DETERMINED TO HAVE BROUGHT A FIREARM TO SCHOOL, SO AS TO PROVIDE FOR THE EXPULSION OF A STUDENT DETERMINED TO HAVE BROUGHT A FIREARM, A KNIFE, OR ANOTHER DANGEROUS INSTRUMENT, PROVIDE FOR WHEN A STUDENT MAY BE EXPELLED AFTER HE HAS BEEN SUSPENDED, ESTABLISH LIMITATIONS ON THE ADMISSION OF PREVIOUSLY EXPELLED STUDENTS, AND PROVIDE FOR REHABILITATION AND COUNSELING; BY ADDING SECTION 59-63-238 SO AS TO PROVIDE THAT SCHOOL OFFICIALS HAVE TOTAL DISCRETION IN IMPOSING CERTAIN DISCIPLINARY ACTIONS; BY ADDING SECTION 59-63-241 SO AS TO PROVIDE THAT A STUDENT MUST NOT BE DISCIPLINED FOR SELF DEFENSE EXCEPT WHEN HE IS THE AGGRESSOR; BY ADDING SECTION 59-63-242 SO AS TO PROVIDE THAT BEGINNING WITH THE 2009-2010 SCHOOL YEAR A SCHOOL ADMINISTRATOR SHALL RECUSE HIMSELF WHEN THE STUDENT BEING DISCIPLINED IS A MEMBER OF HIS IMMEDIATE FAMILY; BY ADDING SECTION 59-63-243 SO AS TO PROVIDE FOR THE DISCIPLINE OF STUDENTS AND PROVIDE THAT THE SCHOOL DISTRICT SHALL INDEMNIFY A TEACHER FOR SUITS BROUGHT REGARDING DISCIPLINARY ACTIONS; BY ADDING SECTION 59-63-247 SO AS TO PROVIDE FOR SEARCHES, PROVIDE THAT THE SCHOOL DISTRICT SHALL INDEMNIFY A TEACHER FOR SUITS BROUGHT REGARDING SEARCHES, AND PROVIDE FOR REPORTING OF IMPLEMENTS SEIZED; BY ADDING SECTION 59-63-249 SO AS TO PROVIDE THAT THE SCHOOL DISTRICT SHALL INDEMNIFY AN EMPLOYEE FOR SUITS BROUGHT REGARDING CERTAIN ACTIONS AND PROVIDE EXCEPTIONS FOR INDEMNIFICATION; BY ADDING SECTION 59-63-251 SO AS TO PROVIDE FOR THE SEARCH OF PERSONS ENTERING PUBLIC SCHOOLS AND PROVIDE FOR AN EMPLOYEE'S INDEMNIFICATION; BY ADDING SECTION 59-63-255 SO AS TO ESTABLISH A DISCIPLINE POLICY REVIEW COMMITTEE, ITS COMPOSITION, AND POWERS; BY ADDING SECTION 59-63-259 SO AS TO PROVIDE THAT ONLY AUTHORIZED VISITORS MAY ENTER A SCHOOL AND PROVIDE PENALTIES; BY ADDING SECTION 59-63-263 SO AS TO PROVIDE THAT ANY TEACHER, PRINCIPAL, OR ADMINISTRATOR IS NOT PERSONALLY LIABLE FOR ANY ACT OR FAILURE TO ACT IN DIRECTING OR DISCIPLINING SCHOOL CHILDREN AND PROVIDE EXCEPTIONS; BY ADDING SECTION 59-63-265 SO AS TO PROVIDE FOR THE ADOPTION OF A STUDENT CODE OF CONDUCT AND PROVIDE FOR IMMUNITY FOR REPORTING AN INCIDENT; BY ADDING SECTION 59-63-273 SO AS TO PROVIDE FOR ZERO TOLERANCE POLICIES FOR FIGHTING IN SCHOOLS; BY ADDING SECTION 59-63-277 SO AS TO PROVIDE FOR SCHOOL CRISIS MANAGEMENT AND RESPONSE PLANS; TO AMEND SECTION 59-17-135, RELATING TO CHARACTER EDUCATION, SO AS TO PROVIDE THAT EACH STUDENT SHALL EXHIBIT APPROPRIATE CONDUCT.
Referred to Committee on Education and Public Works
H. 5121 (Word version) -- Reps. Merrill, Hinson and Dantzler: A BILL TO PROVIDE THAT A UTILITY COMPANY INCLUDING ELECTRIC COOPERATIVES AND THE PUBLIC SERVICE AUTHORITY OPERATING IN THE CITY OF CHARLESTON ON DANIEL ISLAND IN BERKELEY COUNTY MAY NOT SUPERSEDE OR VIOLATE MUNICIPAL ZONING LAWS.
Rep. MERRILL asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. MARTIN objected.
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. DELLENEY having the floor:
H. 4734 (Word version) -- Reps. Howard, Cobb-Hunter, Gourdine, Jennings, Lee, J. H. Neal, Weeks, Ott, Lourie, Kennedy, Harvin, Coleman and Whipper: A BILL TO AMEND SECTIONS 2-19-10, 2-19-20, 2-19-35, 2-19-70, AND 2-19-80, ALL AS AMENDED, AND SECTION 2-19-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, ALL SO AS TO CHANGE THE COMMISSION'S PROCESS FOR NOMINATING JUDICIAL CANDIDATES FROM THE NOMINATION OF THREE CANDIDATES TO THE RELEASE OF A LIST OF ALL QUALIFIED CANDIDATES TO THE GENERAL ASSEMBLY AND TO PROVIDE FURTHER CONFORMING CHANGES.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7247AHB04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 2-19-10(A) of the 1976 Code, as last amended by Act 391 of 1996, is further amended to read:
"(A) Whenever When an election is to be held by the General Assembly in Joint Session, for members of the judiciary, a Judicial Merit Selection Commission, composed of ten members, shall must be appointed, in the manner prescribed by this section, to consider the qualifications and fitness of the candidates. The Judicial Merit Selection Commission shall meet at least once annually and at other times as may be designated by the chairman. The commission, at its first meeting and then annually, shall elect a chairman and a vice chairman who shall serve for a term of one year and until their successors are elected and qualified, and adopt rules necessary to the purposes of the commission. These rules shall address, among other things:
(1) the confidentiality of records and other information received concerning candidates for judicial office;
(2) the conduct of proceedings before the commission;
(3) receipt of public statements in support of or in opposition to any of the candidates;
(4) procedures to review the qualifications and fitness of retired judges for continued judicial service;
(5) contacting incumbent judges regarding their desire to seek re-election;
(6) prohibition against candidates communicating with individual members of the commission concerning the qualifications and fitness of candidates unless specifically authorized by the commission.
A member may succeed himself as chairman or vice chairman. Six members of the commission constitute a quorum at all meetings."
SECTION 2. Section 2-19-20 of the 1976 Code, as last amended by Act 32 of 1999, is further amended to read:
"Section 2-19-20. (A) It is the responsibility of the Judicial Merit Selection Commission to determine when judicial vacancies are to will occur in the administrative law judge division and on the family court, circuit court, court of appeals, or Supreme Court and to expeditiously investigate in advance the qualifications and fitness of those who seek nomination judicial office. For purposes of this chapter, a vacancy is created in the administrative law judge division or on the family court, circuit court, court of appeals, or Supreme Court when any of the following occurs:
(1) a term expires;
(2) a new judicial position is created; or
(3) a judge can no longer serve due to resignation, retirement, disciplinary action, disability, or death.
(B) The commission, upon receiving notice of a judicial vacancy, ascertaining that a judicial vacancy shall will occur, or receiving the decision of an incumbent judge regarding his seeking re-election, shall notify the Supreme Court of the vacancy for publication in the advance sheets provided by the Clerk of the Supreme Court at least thirty days prior to closing applications for the vacancy. The commission also shall, if practicable, also notify the South Carolina Bar, if practicable, other professional legal organizations it considers appropriate, and each newspaper of this State with daily circulation of the vacancy at least thirty days prior to closing applications for the vacancy. This notice must include, but not be limited to, the judicial office in which the vacancy occurs, the address to which, and the date by which interested candidates may apply.
(C) The Judicial Merit Selection Commission shall announce and publicize vacancies and forthcoming vacancies in the administrative law judge division, on the family court, circuit court, court of appeals, and Supreme Court. A person who desires to be considered for nomination judicial office as justice or judge may make application to the commission. No person may concurrently seek more than one judicial vacancy. The commission shall announce the names of those persons who have applied.
(D) Any person wishing to seek a judicial office, which is elected by the General Assembly, shall file a notice of intention to seek the office with the Judicial Merit Selection Commission. Upon receipt of the notice of intention, the commission shall begin to conduct the investigation of the candidate as it considers appropriate and may in the investigation utilize the services of any agency of state government. This Upon request, the agency shall, upon request, cooperate fully with the commission."
SECTION 3. Section 2-19-25 of the 1976 Code, as last amended by Act 391 of 1996, is further amended to read:
"Section 2-19-25. The Judicial Merit Selection Commission is authorized to investigate and obtain information relative to any candidate for an administrative law judgeship or a family court, circuit court, court of appeals, or Supreme Court judgeship from any state agency or other group including, but not limited to, court administration and any law enforcement agency, to the extent permitted by law. The chairman of the commission shall notify the president of the South Carolina Bar of the judgeships to be filled and of the candidates for those judgeships no later than four weeks before the scheduled date for the public hearing. The chairman of the commission shall also shall request the South Carolina Bar to offer the commission an assessment of each candidate's qualifications and fitness for the judgeship sought, and the date by which the assessment must be returned to the commission. This assessment must specify the bar's finding as to whether each candidate is qualified or unqualified for the judgeship sought and the reasons for that finding. The commission may receive the bar's assessment in that form and at that time it desires but shall attach the assessments to its findings of fact in such a form as the commission considers appropriate. Failure of the bar to return the assessment by the date requested is not a ground for delaying the applicable hearings or election."
SECTION 4. Section 2-19-30 of the 1976 Code, as last amended by Act 388 of 1998, is further amended to read:
"Section 2-19-30. (A) Upon completion of the investigation, the Chairman of the Judicial Merit Selection Commission shall schedule a public hearing concerning the qualifications and fitness of the candidates. Any person who desires to testify at the hearing, including candidates, shall furnish a written statement of his proposed testimony to the commission. The statements must be furnished no later than forty-eight hours before the date and time set for the hearing. The commission shall determine the persons who shall testify at the hearing. All testimony, including documents furnished to the commission, must be submitted under oath and persons knowingly furnishing false information either orally or in writing are subject to the penalties provided by law for perjury and false swearing.
(B) During the course of the investigation, the commission may schedule an executive session at which each candidate, and other persons whom the commission wishes to interview, may be interviewed by the commission on matters pertinent to the candidate's qualification qualifications and fitness for the office to be filled.
(C) A After a reasonable time thereafter, the commission shall render its tentative findings as to whether the candidate is qualified and fit for the office to be filled and its reasons therefor for the findings as to each candidate.
(D) As soon as possible after the completion of the hearing, a verbatim copy of the testimony, documents submitted at the hearing, and findings of fact must be transcribed and published or otherwise made available in a reasonable number of copies to the members of both houses prior to the date of the scheduled election, and a copy thereof shall must be furnished to each candidate and anyone else upon request. A charge for these copies may be made as authorized in the Freedom of Information Act.
(E) A candidate may withdraw at any stage of the proceedings and in this event no further inquiry or consideration of his candidacy shall may be made. All materials concerning that candidate including his report, transcript, application, materials, and other information gathered during the commission's investigation must be kept confidential and destroyed as soon as possible after the candidate's written notification to the commission of his withdrawal. The information concerning a withdrawn candidate also shall be is exempt from disclosure pursuant to Chapter 4 of Title 30."
SECTION 5. Section 2-19-35 of the 1976 Code, as last amended by Act 391 of 1996, is further amended to read:
"Section 2-19-35. (A) The responsibility of the Judicial Merit Selection Commission is to investigate and consider the qualifications and fitness of the candidates for judicial office in the administrative law judge division or on the family court, circuit court, court of appeals, or Supreme Court. Investigations and consideration of the commission should include, but are not limited to, the following areas:
(1) constitutional qualifications;
(2) ethical fitness;
(3) professional and academic ability;
(4) character;
(5) reputation;
(6) physical health;
(7) mental stability;
(8) experience; and
(9) judicial temperament.
(B) In making nominations, race, gender, national origin, and other demographic factors should be considered by the commission to ensure nondiscrimination to the greatest extent possible as to all segments of the population of the State. "
SECTION 6. Section 2-19-70 of the 1976 Code, as last amended by Act 388 of 1998, is further amended to read:
"Section 2-19-70. (A) No A member of the General Assembly may be elected to not file for a judicial office while he the member is serving in the General Assembly nor shall that person be elected to a judicial office for a period of one year after he either:
(1) ceases to be a member of the General Assembly; or
(2) fails to file for election to the General Assembly in accordance with Section 7-11-15.
(B) The privilege of the floor in either house of the General Assembly may not be granted to any candidate or any immediate family member of a candidate unless the family member is serving in the General Assembly, during the time the candidate's application is pending before the commission and during the time his nomination by the commission he is listed as qualified and fit for election to a particular judicial office by the commission and that election is pending in the General Assembly.
(C) No candidate for judicial office may seek directly or indirectly the pledge of a member of the General Assembly's vote or, directly or indirectly, contact a member of the General Assembly regarding screening for the judicial office until the qualifications and fitness of all candidates for that office have been determined by the Judicial Merit Selection Commission and the commission has formally released its report as to the qualifications and fitness of all candidates for the vacancy to the General Assembly. No member of the General Assembly may offer his pledge until the qualifications and fitness of all candidates for that office have been determined by the Judicial Merit Selection Commission and until the commission has formally released its report as to the qualifications and fitness of its nominees the candidates to the General Assembly. The formal release of the report of qualifications and fitness shall may occur no earlier than forty-eight hours after the nominees have been list of qualified and fit candidates is initially released to members of the General Assembly. For purposes of this section, indirectly seeking a pledge means the candidate, or someone acting on behalf of and at the request of the candidate, requesting a person to contact a member of the General Assembly on behalf of the candidate before nominations the list of qualified and fit candidates for that office are is formally made by the commission. The prohibitions of this section do not extend to an announcement of candidacy by the candidate and statements by the candidate detailing the candidate's qualifications and fitness.
(D) No member of the General Assembly may trade anything of value, including pledges to vote for legislation or for other candidates, in exchange for another member's pledge to vote for a candidate for judicial office.
(E) Violations of this section may be considered by the merit selection commission when it considers the candidate's qualifications and fitness. Violations of this section by members of the General Assembly shall must be reported by the commission to the House or Senate Ethics Committee, as may be applicable. Violations of this section by nonlegislative commission members shall must be reported by the commission to the State Ethics Commission. A violation of this section is a misdemeanor and, upon conviction, the violator must be fined not more than one thousand dollars or imprisoned not more than ninety days. Cases tried under this section may not be transferred from general sessions court pursuant to Section 22-3-545."
SECTION 7. Section 2-19-80 of the 1976 Code, as last amended by Act 49 of 2001, is further amended to read:
"Section 2-19-80. (A) The commission shall make nominations release to the General Assembly of candidates and their qualifications a list of the names of all candidates that are qualified and fit, as provided in Sections 15 and 27, Article V of the Constitution of this State and Section 2-19-35, for election to the Supreme Court, court of appeals, circuit court, family court, and the administrative law judge division. It shall review the qualifications of all applicants for a judicial office and select therefrom and submit to the General Assembly the names and qualifications of the three candidates whom it considers best qualified for the judicial office under consideration. If fewer than three persons apply to fill a vacancy or if the commission concludes there are fewer than three candidates qualified for a vacancy, it shall submit to the General Assembly only the names and qualifications of those who are considered to be qualified, with a written explanation for submitting fewer than three names.
(B) The nominations list of qualified and fit candidates of the commission for any judgeship are is binding on the General Assembly, and it shall not elect a person not nominated found qualified and fit by the commission. Nothing shall prevent the General Assembly from rejecting all persons nominated. In this event, the commission shall submit another group of names and qualifications for that position. Further nominations in the manner required by this chapter must be made until the office is filled.
(C)(1) If the commission does not find the incumbent justice or judge qualified and fit for the judicial office held and sought, his name shall may not be submitted to the General Assembly for re-election and upon expiration of his then current term of office, he shall cease serving in that judicial position.
(2) If the commission finds an incumbent judge not qualified and fit for the office sought, or if an incumbent judge dies, withdraws, or becomes otherwise disqualified for the office sought between the time he makes application for the office and the date of the election therefor, the election for the office may not be held at that scheduled time, and the commission shall proceed in accordance with the provisions of this chapter to make other nominations for the office as though a new vacancy without an incumbent exists in that office, including reopening the application process with all required notices. Nothing prevents the commission from including in its new nominations list of qualified and fit candidates the names, and qualifications, and fitness of persons other than the incumbent judge it included in its previous nominations list.
(D) The commission shall accompany its nominations list of qualified and fit candidates to the General Assembly with reports or recommendations as to the qualifications and fitness of particular candidates.
(E) A period of at least two weeks must elapse between the date of the commission's nominations release of its list of qualified and fit candidates to the General Assembly and the date the General Assembly conducts the election for these judgeships."
SECTION 8. Section 2-19-90 of the 1976 Code, as added by Act 391 of 1996, is amended to read:
"Section 2-19-90. The General Assembly shall meet in joint session for the election of judges. The date and time for the joint session shall be set by concurrent resolution upon the recommendation of the Judicial Merit Selection Commission. The Chairman of the Judicial Merit Selection Commission shall announce the commission's nominees list of qualified and fit candidates for each judicial race, and no further nominating or seconding speeches shall be are allowed by members of the General Assembly. In order to be elected, a candidate must receive a majority of the vote of the members of the General Assembly voting in joint session."
SECTION 9. Section 2-19-100, as last amended by Act 35 of 1997, is further amended to read:
"Section 2-19-100. In order to be eligible for appointment by the Chief Justice to serve, any retired justice or judge of this State must have been reviewed by the Judicial Merit Selection Commission under procedures it shall establish to review retired judges' qualifications and fitness for continued judicial service and be found by the commission to be qualified and fit to serve in these situations within four years of the date of his appointment to serve, except that if a justice or judge retired before the expiration of his then current term, no further review of that justice or judge is required until that term would have expired."
SECTION 10. Section 2-19-110, as last amended by Act 35 of 1997, is further amended to read:
"Section 2-19-110. Upon a vacancy in the office of master-in-equity, candidates therefor shall submit an application to the Judicial Merit Selection Commission. Upon completion of reports and recommendations, the commission shall submit such reports and recommendations on master-in-equity candidates to the appropriate county legislative delegations. The county legislative delegations shall then submit the name of a candidate to the Governor for consideration for appointment. Nothing shall prevent the Governor from rejecting the person nominated by the delegation. In this event, the delegation shall submit another name for consideration. No person found not qualified or unfit by the commission may be appointed to the office of master-in-equity. For purposes of this section, a vacancy is created in the office of the master-in-equity when any of the following occurs: a term expires, a new judicial position is created, or a judge no longer can serve due to resignation, retirement, disciplinary action, disability, or death. The Judicial Merit Selection Commission may begin screening prior to the actual date of the vacancy in the case of an expiration of term, resignation, or retirement pursuant to written notice thereof."
SECTION 11. 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 12. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. DELLENEY continued speaking.
The amendment was then adopted.
Rep. HINSON proposed the following Amendment No. 2 (Doc Name COUNCIL\SWB\6007AC04):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 2-19-70 of the 1976 Code, as last amended by Act 388 of 1998, is further amended to read:
"Section 2-19-70. (A) As used in this section, 'immediate family member' means an individual who is:
(1) a child residing in the person's household;
(2) a spouse of the person; or
(3) claimed by the person or the person's spouse as a dependent for income tax purposes.
(B) No member of the General Assembly or member of his immediate family may be elected to a judicial office while he the member is serving in the General Assembly nor shall that person may a member of the General Assembly or a member of his immediate family be elected to a judicial office for a period of one year after he the member either:
(1) ceases to be a member of the General Assembly; or
(2) fails to file for election to the General Assembly in accordance with Section 7-11-15.
(B) (C) The privilege of the floor in either house of the General Assembly may not be granted to any a candidate or any an immediate family member of a candidate unless the family member is serving in the General Assembly, during the time the candidate's application is pending before the commission and during the time his nomination by the commission for election to a particular judicial office is pending in the General Assembly.
(C) (D) No candidate for judicial office may seek directly or indirectly the pledge of a member of the General Assembly's vote or, directly or indirectly, contact a member of the General Assembly regarding screening for the judicial office until the qualifications of all candidates for that office have been determined by the Judicial Merit Selection Commission and the commission has formally released its report as to the qualifications of all candidates for the vacancy to the General Assembly. No member of the General Assembly may offer his pledge until the qualifications of all candidates for that office have been determined by the Judicial Merit Selection Commission and until the commission has formally released its report as to the qualifications of its nominees to the General Assembly. The formal release of the report of qualifications shall occur no earlier than forty-eight hours after the nominees have been initially released to members of the General Assembly. For purposes of this section, indirectly seeking a pledge means the candidate, or someone acting on behalf of and at the request of the candidate, requesting a person to contact a member of the General Assembly on behalf of the candidate before nominations for that office are formally made by the commission. The prohibitions of this section do not extend to an announcement of candidacy by the candidate and statements by the candidate detailing the candidate's qualifications.
(D) (E) No member of the General Assembly may trade anything of value, including pledges to vote for legislation or for other candidates, in exchange for another member's pledge to vote for a candidate for judicial office.
(E) (F) Violations of this section may be considered by the merit selection commission when it considers the candidate's qualifications. Violations of this section by members of the General Assembly shall be reported by the commission to the House or Senate Ethics Committee, as may be applicable. Violations of this section by nonlegislative commission members shall be reported by the commission to the State Ethics Commission. A violation of this section is a misdemeanor and, upon conviction, the violator must be fined not more than one thousand dollars or imprisoned not more than ninety days. Cases tried under this section may not be transferred from general sessions court pursuant to Section 22-3-545." /
Renumber sections to conform.
Amend title to conform.
Rep. HINSON explained the amendment.
Rep. MARTIN objected to the Bill.
Rep. HINSON continued speaking.
Rep. COTTY objected to the Bill.
Reps. DUNCAN, LLOYD, RIVERS, MOODY-LAWRENCE, MILLER, MERRILL, E. H. PITTS, KENNEDY, PINSON and EMORY requested debate on the Bill.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 946 (Word version) -- Senator Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 59-53-1710 THROUGH 59-53-1760 AS SUBARTICLE 1 AND ENTITLED "GENERAL PROVISIONS" OF ARTICLE 20, CHAPTER 53, TITLE 59; AND BY ADDING SUBARTICLE 3 TO ARTICLE 20, CHAPTER 53, TITLE 59, RELATING TO THE MIDLANDS TECHNICAL COLLEGE, SO AS TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION FOR PURPOSES OF THE DEVELOPMENT OF THE NORTHEAST CAMPUS, TO PROVIDE FOR THE CREATION OF THE MIDLANDS TECHNICAL COLLEGE ENTERPRISE CAMPUS AUTHORITY, AND TO PROVIDE FOR ITS POWERS AND DUTIES.
Rep. COTTY explained the Bill.
The following Bill was taken up:
H. 4904 (Word version) -- Rep. Walker: A BILL TO AMEND SECTION 56-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME PERIOD FOR REGISTERING AND LICENSING A MOTOR VEHICLE, THE ISSUANCE OF TEMPORARY LICENSE PLATES, SO AS TO REVISE THE CONTENTS OF A TEMPORARY LICENSE PLATE.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5982CM04):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 56-3-210(C) of the 1976 Code, as last amended by Act 251 of 2002, is further amended to read:
"(C) A dealer of new or used vehicles may issue to the purchaser of a vehicle at the time of its sale a temporary license plate that may contain the dealer's name and location and must contain, in characters not less than one-quarter inch wide and one and one-half inches high, the expiration date of the period within which the purchaser must register the vehicle pursuant to subsection (E) of this section. The plate must contain the dealer's name, city, and phone number, or the dealer's name and computer website address. The plate also must contain a rectangular box, with a white background, centered on the bottom of the plate, in dimensions not less than six inches wide and two inches high. The rectangular box must contain, in characters not less than one quarter inch wide and one and one-half inches high, the expiration date of the period within which the purchaser must register the vehicle pursuant to subsection (E) of this section. The expiration date must be clearly legible from a distance of at least twenty-five feet, written using a permanent black marker with at least a one quarter inch wide tip, and must contain a numerical month, day, and year. The expiration date may not extend beyond forty-five days from the date of purchase. The temporary license plate must be made of heavy stock paper or plastic, inscribed with contrasting indelible ink, and designed to resist deterioration or fading from exposure to the elements during the period for which display is required. The bill of sale, title, rental contract, or a copy of either document must be maintained in the vehicle at all times to verify the vehicle's date of purchase to a law enforcement officer. The bill of sale, title, rental contract, or a copy of either document must contain a description of the vehicle, the name and address of both the seller and purchaser of the vehicle, and its date of sale. Except as provided for in this section, a dealer may not use a temporary license plate for any other purpose, which includes, but is not limited to, vehicle demonstration, employee use or transporting vehicles from one location to another location. A dealer may not place a temporary license plate on a vehicle, regardless of whether the expiration date has been written on the plate, until the vehicle is sold to a purchaser. A dealer person who issues or uses a temporary license plate or allows a temporary license plate to be issued or used in violation of this section is guilty of a misdemeanor and, upon conviction, must be fined one hundred dollars for each occurrence."
SECTION 2. This act takes effect on January 1, 2005. /
Renumber sections to conform.
Amend title to conform.
Rep. WALKER explained the amendment.
Rep. SCOTT moved to adjourn debate on the Bill until Thursday, April 15, which was agreed to.
The following Bill was taken up:
H. 4935 (Word version) -- Rep. Richardson: A BILL TO AMEND SECTION 56-3-8600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF DUCKS UNLIMITED SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT THIS LICENSE PLATE MAY BE ISSUED TO ANY OWNER OF CERTAIN PRIVATE PASSENGER CARRYING MOTOR VEHICLES, AND TO ADD AN ADDITIONAL FEE FOR THE ISSUANCE ON THE LICENSE PLATE THAT MUST BE DEPOSITED IN AN ACCOUNT DESIGNATED BY THE COMMITTEE OF THE SOUTH CAROLINA DUCKS UNLIMITED.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5981CM04):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 56-3-8600 of the 1976 Code, as added by Act 104 of 2001, is amended to read:
"Section 56-3-8600. (A) The Department of Motor Vehicles may issue "Ducks Unlimited" special motor vehicle license plates to members of Ducks Unlimited for owners of private passenger carrying motor vehicles or light pickup trucks having an empty weight of seven thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which may have imprinted on them an emblem, seal, or symbol of the South Carolina Ducks Unlimited State Committee. The South Carolina Ducks Unlimited State Committee must submit to the department for its approval the emblem, seal, or symbol it wishes to display on the plates. The South Carolina Ducks Unlimited State Committee must submit to the department written authorization for use of any copy righted or registered logos, trademarks, or designs. The South Carolina Ducks Unlimited State Committee may request a change in the emblem, seal, or symbol not more than once every five years. The plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued. The fee for this special license the plate must be is the regular motor vehicle license registration fee contained in Article 5, Chapter 3 of this title that must be deposited in the state general fund and the a special motor vehicle license fee required by Section 56-3-2020 that must be deposited with the department of fifty dollars.
(B) Notwithstanding any other provision of law, from the fees collected, pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the department to defray the expenses of the department in producing this license plate and administering the plates. The license plates issued pursuant to this section must conform to a design agreed to by the department and the chief executive officer of the organization. The remaining funds collected from the special motor vehicle license fee must be distributed to the South Carolina Ducks Unlimited State Committee for wetlands conservation projects in South Carolina. Any remaining funds must be administered by the South Carolina Ducks Unlimited State Committee and deposited in an appropriate nonprofit account designated by the South Carolina Ducks Unlimited State Committee.
(B)(C) Before the Department of Motor Vehicles department produces and distributes a special license plate pursuant to authorized under this section, it must receive:
(1) four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license the plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and
(2) a plan to market the sale of the special license plate which must be approved by the department.
(C)(D) If the department receives less than three hundred biennial applications and renewals for a particular special license the plate, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. TOWNSEND explained the amendment.
Rep. WITHERSPOON moved to adjourn debate on the Bill until Tuesday, April 20, which was agreed to.
The following Bill was taken up:
H. 4740 (Word version) -- Reps. Miller, Hayes, J. E. Smith, Altman, Anthony, Battle, Bowers, Branham, Ceips, Clark, Clemmons, Clyburn, Frye, Gourdine, Hagood, Harrison, Herbkersman, Whipper, M. Hines, Hinson, Hosey, Keegan, Leach, Littlejohn, Lloyd, Ott, Rhoad, Rice, Richardson, Scarborough, Snow, Stille, Taylor, Townsend, Vaughn, Whitmire, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA SAFE ROUTES TO SCHOOLS ACT" BY ADDING SECTION 59-17-150 SO AS TO PROVIDE THAT MUNICIPAL AND COUNTY GOVERNING BODIES SHALL WORK WITH SCHOOL DISTRICTS LOCATED IN THEIR JURISDICTIONS TO IDENTIFY BARRIERS AND HAZARDS TO CHILDREN WALKING OR BICYCLING TO AND FROM SCHOOL, TO PROVIDE THAT THE MUNICIPALITIES, COUNTIES, AND DISTRICTS MAY DEVELOP A PLAN FOR THE FUNDING OF IMPROVEMENTS DESIGNED TO REDUCE THE BARRIERS AND HAZARDS IDENTIFIED, TO PROVIDE THAT EACH SCHOOL DISTRICT SHALL FORM A COORDINATING COMMITTEE AND EACH SCHOOL SHALL FORM A SAFE ROUTES TO SCHOOL TEAM TO PERFORM SPECIFIED FUNCTIONS IN REGARD TO SAFE PEDESTRIAN AND BICYCLE ROUTES TO SCHOOL, AND TO PROVIDE THAT THE FIRST WEDNESDAY OF OCTOBER OF EACH YEAR IS DESIGNATED AS "WALK YOUR CHILD TO SCHOOL/BIKE TO SCHOOL DAY" IN EACH SCHOOL DISTRICT OF THIS STATE.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5983CM04), which was adopted:
Amend the bill, as and if amended, Section 59-17-150(B), as contained in SECTION 2, page 2, by striking / shall / on line 11 and inserting / may /
When amended Section 59-17-150(B) shall read:
/ (B) Each school district in this State shall may establish a Safe Routes to School District Coordinating Committee. The coordinating committee shall include parents, children, teachers, administrators, local law enforcement officials, public health officials, interested citizens, and other persons familiar with the transportation needs of the school district. Duties of the coordinating committee may include gathering information about the schools in the district through surveys and traffic counts; organizing incentive-based events and contests to encourage students to try new modes of transportation, and promoting the program through school newsletters, assemblies, web sites, and other means to reach parents and students.
Any school within the district may establish a Safe Routes to School Team. The team shall include parents, children, teachers, administrators, and neighbors of the school. The team may be expanded to include local law enforcement officials, public health officials, and other persons familiar with the transportation needs of the school. The team shall select a representative to serve on the District Coordinating Committee. Duties of the team may include gathering information about their school through surveys and traffic counts, organizing incentive-based events and contests to encourage students to try new modes of transportation, and promoting the program through school newsletters and other means to reach parents and students. /
Renumber sections to conform.
Amend title to conform.
Rep. MILLER 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. 4819 (Word version) -- Reps. Govan, Townsend, G. Brown, Clyburn, McLeod, Weeks, Whipper, Moody-Lawrence, Lee, Mack, J. E. Smith, Allen, Branham, Breeland, J. Brown, R. Brown, Clark, Clemmons, Cobb-Hunter, Emory, Gourdine, J. Hines, M. Hines, Hosey, Howard, Littlejohn, Lloyd, Loftis, Mahaffey, J. H. Neal, Parks, Rivers, Rutherford, Scott, Sinclair, F. N. Smith, Snow, Taylor and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 59-29-10 THROUGH 59-29-220 AS ARTICLE 1, GENERAL PROVISIONS, OF CHAPTER 29, TITLE 59; BY ADDING ARTICLE 3 TO CHAPTER 29, TITLE 59 SO AS TO ENACT THE FINANCIAL LITERACY INSTRUCTION ACT OF 2004, TO PROVIDE FOR THE DEVELOPMENT OR ADOPTION OF A CURRICULUM FOR LOCAL SCHOOL BOARDS TO TEACH FINANCIAL LITERACY, AND TO PROVIDE FOR THE ESTABLISHMENT OF A FUND TO RECEIVE PUBLIC AND PRIVATE CONTRIBUTIONS FOR FINANCIAL LITERACY INSTRUCTION.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10167SJ04), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 2 in its entirety and inserting:
/ SECTION 2. Chapter 29, Title 59, of the 1976 Code is amended by adding:
Section 59-29-410. (A) The State Board of Education shall develop or adopt curricula, materials, and guidelines for local school boards to use in implementing a program of instruction on financial literacy within courses currently offered in high schools in this State.
(B) The financial literacy program shall include, but not be limited to, instruction in the following areas:
(1) opening a bank account and assessing the quality of a bank's services;
(2) balancing a check book;
(3) spending, credit, credit scoring, and managing debt, including retail and credit card debt;
(4) completing a loan application;
(5) the implications of an inheritance;
(6) the basic principles of personal insurance policies;
(7) computing state and federal income taxes;
(8) local tax assessments;
(9) computing interest rates by various mechanisms;
(10) understanding simple contracts;
(11) contesting an incorrect billing statement;
(12) savings and investing; and
(13) state and federal laws concerning finance.
Section 59-29-420. The State Board of Education and local boards of trustees may establish a special fund in which to receive public appropriations and private contributions to provide financial incentives to be used to:
(1) defray the costs of financial literacy training for teachers;
(2) reward a school or teacher who wins or achieves results at a certain level of success in a financial literacy competition;
(3) reward a student who wins or achieves results at a certain level of success in a financial literacy competition;
(4) fund activities including books, games, field trips, computers, or other activities related to financial literacy education.
Section 59-29-425. Of the funds received pursuant to Section 59-29-420, the State Board of Education shall award grants to local school boards of trustees to provide financial incentives for the promotion of financial literacy as outlined in that section. In awarding grants, every effort shall be made to ensure that all geographic areas of the State are represented.
Section 59-29-430. The State Board of Education shall incorporate the elements of the financial literacy program in Section 59-29-410(B) into the South Carolina Academic Standards of Instruction for kindergarten through twelfth grade." /
Renumber sections to conform.
Amend title to conform.
Rep. WALKER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
H. 5095 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO SPECIFIC INFORMATION SERVICE SIGNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2883, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. MILLER explained the Joint Resolution.
Reps. YOUNG, ALTMAN, WHIPPER, SCARBOROUGH, HINSON, WHITE, MILLER, BALES, MAHAFFEY and MERRILL requested debate on the Joint Resolution.
Reps. THOMPSON, LOURIE, WEEKS, HARRISON and SINCLAIR withdrew their requests for debate on the following Bill:
H. 3130 (Word version) -- Reps. Lourie and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-95 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON CONVICTED OF A MISDEMEANOR CRIMINAL DOMESTIC VIOLENCE OFFENSE TO SHIP, TRANSPORT, POSSESS, OR RECEIVE A FIREARM OR AMMUNITION IF THE CONVICTION MEETS CERTAIN CONDITIONS AND TO PROVIDE PENALTIES; AND BY ADDING SECTION 20-4-150, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON SUBJECT TO A PROTECTION ORDER, UNDER CERTAIN CONDITIONS, TO SHIP, TRANSPORT, POSSESS, OR RECEIVE A FIREARM OR AMMUNITION AND TO PROVIDE PENALTIES.
The Senate amendments to the following Bill were taken up for consideration:
H. 3594 (Word version) -- Reps. Jennings, Harrison, F. N. Smith, Lucas, G. M. Smith, Hagood, Lourie, McLeod, Bingham, Owens, Scott, Whipper, Delleney and Toole: A BILL TO AMEND SECTION 23-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRING CERTAIN OFFENDERS TO PROVIDE A SAMPLE FROM WHICH DEOXYRIBONUCLEIC ACID (DNA) MAY BE OBTAINED, SO AS TO PROVIDE THAT BEGINNING JULY 1, 2003, RATHER THAN REQUIRING ONLY CERTAIN OFFENDERS TO PROVIDE A DNA SAMPLE, ALL PERSONS CONVICTED OR ADJUDICATED DELINQUENT FOR ANY FELONY MUST PROVIDE SUCH A SAMPLE AND TO INCLUDE PROVISIONS FOR OBTAINING SAMPLES FROM THOSE CONVICTED OR ADJUDICATED DELINQUENT FELONS PRIOR TO THIS ACT'S EFFECTIVE DATE WHO ARE SERVING A TERM OF CONFINEMENT ON THIS ACT'S EFFECTIVE DATE.
Rep. JENNINGS 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.
Rep. JENNINGS moved that the House recur to the Morning Hour, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 5122 (Word version) -- Reps. Merrill and Hinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-1-70 SO AS TO PROVIDE THAT A UTILITY COMPANY OPERATING IN THIS STATE INCLUDING ELECTRIC COOPERATIVES AND THE PUBLIC SERVICE AUTHORITY MAY NOT SUPERSEDE OR VIOLATE MUNICIPAL OR COUNTY ZONING LAWS.
Referred to Committee on Labor, Commerce and Industry
H. 5123 (Word version) -- Reps. Koon, Frye and Rhoad: A BILL TO AMEND SECTION 47-3-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSAL OR REMOVAL OF FERAL DOGS FROM CERTAIN PROPERTY, SO AS TO PROVIDE THAT COUNTY ANIMAL CONTROL OFFICERS MAY ENTER UPON STATE-OWNED OR MANAGED PROPERTY AND UPON PRIVATE PROPERTY AT THE REQUEST OF THE LANDHOLDER OR LEASEHOLDER IN ORDER TO INVESTIGATE DOGS RUNNING AT LARGE ON THE PROPERTY AND TO PROVIDE THAT IF THE DOGS ARE DETERMINED TO BE FERAL DOGS AND ARE A THREAT TO THE HEALTH OR SAFETY OF LIVESTOCK, WILDLIFE, OR HUMANS, THE ANIMAL CONTROL OFFICERS MAY REMOVE THE FERAL DOGS FROM THE PROPERTY OR DISPOSE OF THEM IN THE MOST HUMANE MANNER AS DETERMINED BY THE OFFICERS; TO AMEND SECTION 47-3-510, AS AMENDED, RELATING TO AN OWNER REGISTERING HIS DOG WITH THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO DELETE THESE REGISTRATION PROVISIONS AND TO ALSO PROVIDE THAT SPORTING (HUNTING) DOGS ENGAGED IN TRACKING, RETRIEVING, OR FLUSHING ARE NOT CONSIDERED AT LARGE AND ARE NOT REQUIRED TO BE RESTRAINED BY A LEASH; TO AMEND SECTION 47-3-530, RELATING TO PENALTIES FOR STEALING OR KILLING IDENTIFIABLE DOGS, SO AS TO INCREASE THE MAXIMUM MONETARY PENALTIES FOR VIOLATION; TO ADD SECTION 47-3-545 SO AS TO PROVIDE THAT OWNERS OR HANDLERS OF SPORTING (HUNTING) DOGS MUST BE ALLOWED REASONABLE NOTICE AND AN OPPORTUNITY TO RETRIEVE SPORTING DOGS WHICH HAVE ENTERED ONTO LANDS OF ANOTHER WITHOUT CIVIL OR CRIMINAL LIABILITY; TO REPEAL SECTION 47-3-320 RELATING TO TRAINING CONSERVATION OFFICERS TO REMOVE FERAL DOGS; TO REPEAL SECTION 50-1-20 RELATING TO THE DEFINITION OF HUNTERS AND HUNTING; AND TO REPEAL SECTION 50-11-780 RELATING TO DOGS ENGAGED IN HUNTING NOT REQUIRED TO BE LEASHED.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 5124 (Word version) -- Reps. Hinson, Young, Merrill, Hagood, Altman and Scarborough: A BILL TO AMEND SECTION 2-19-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST MEMBERS OF THE GENERAL ASSEMBLY FROM BEING ELECTED TO JUDICIAL OFFICE WHILE SERVING AND CONTINUING THIS PROHIBITION FOR AN ADDITIONAL PERIOD OF ONE YEAR, SO AS TO EXTEND THE PROHIBITION TO AN IMMEDIATE FAMILY MEMBER OF A MEMBER OF THE GENERAL ASSEMBLY AND TO DEFINE THE TERM "IMMEDIATE FAMILY MEMBER".
Referred to Committee on Judiciary
H. 5125 (Word version) -- Reps. Neilson, Bales and Townsend: A BILL TO AMEND SECTION 59-104-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO ESTABLISH MINIMUM GRADE POINT AVERAGE, CLASS RANK, AND SAT OR ACT REQUIREMENTS, TO PROVIDE THAT A STUDENT WHO DECLINES THE PALMETTO FELLOWS SCHOLARSHIP AND CHOOSES TO ATTEND AN INSTITUTION OF HIGHER LEARNING IN ANOTHER STATE MAY TRANSFER TO AN IN-STATE INSTITUTION OF HIGHER LEARNING AND RECEIVE THE PALMETTO FELLOWS SCHOLARSHIP IF HE CONTINUES TO MEET THE ELIGIBILITY REQUIREMENTS, AND TO PROVIDE THAT A STUDENT MAY RECEIVE A FIFTH YEAR OF SCHOLARSHIP ELIGIBILITY IF HE IS ENROLLED IN AN APPROVED FIVE-YEAR BACHELOR'S DEGREE PROGRAM OR A FIVE-YEAR PROGRAM WHERE THE FIRST DEGREE AWARDED IS A MASTER'S DEGREE.
Rep. BALES asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. MOODY-LAWRENCE objected.
Referred to Committee on Education and Public Works
H. 5126 (Word version) -- Reps. Neilson, Bales and Townsend: A BILL TO AMEND SECTION 59-149-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DURATION OF A SCHOLARSHIP, SO AS TO PROVIDE THAT A STUDENT MAY RECEIVE A FIFTH YEAR OF SCHOLARSHIP ELIGIBILITY IF HE IS ENROLLED IN AN APPROVED FIVE-YEAR BACHELOR'S DEGREE PROGRAM OR A FIVE-YEAR PROGRAM WHERE THE FIRST DEGREE AWARDED IS A MASTER'S DEGREE.
Referred to Committee on Education and Public Works
H. 5127 (Word version) -- Reps. Haskins, Barfield, G. Brown, Clemmons, Davenport, Duncan, Herbkersman, J. Hines, Hosey, Keegan, Leach, Lloyd, Mahaffey, Moody-Lawrence, Owens, Pinson, Rice, Richardson, Simrill, G. R. Smith, J. R. Smith, Stille, Taylor, Umphlett and Vaughn: A BILL TO AMEND SECTION 7-5-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATION FOR REGISTRATION TO VOTE, SO AS TO REQUIRE DOCUMENTATION SHOWING PROOF OF CITIZENSHIP IN ORDER TO BE REGISTERED; TO AMEND SECTION 7-5-310, AS AMENDED, RELATING TO DEFINITIONS IN MULTIPLE SITE VOTER REGISTRATION PROVISIONS, SO AS TO REQUIRE A VOTER REGISTRATION AGENCY TO SOLICIT DOCUMENTARY EVIDENCE OF CITIZENSHIP WHEN REGISTERING AN APPLICANT; AND TO AMEND SECTION 7-5-320, AS AMENDED, RELATING TO AN APPLICATION FOR A DRIVER'S LICENSE OR A RENEWAL SERVING AS AN APPLICATION FOR VOTER REGISTRATIONS, SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO ESTABLISH CITIZENSHIP AS RESIDENCY BY MEANS OF PROPER DOCUMENTATION.
Referred to Committee on Judiciary
H. 5128 (Word version) -- Reps. Chellis, Cobb-Hunter, Gourdine, Cotty, Witherspoon, Rhoad, J. H. Neal, Lee, Merrill, Anthony, Bailey, Battle, Bowers, Branham, Cato, Ceips, Clark, Clemmons, Coates, Dantzler, Freeman, Frye, Hagood, Harrison, Hayes, J. Hines, M. Hines, Hinson, Hosey, Jennings, Koon, Mahaffey, McGee, Miller, Moody-Lawrence, Owens, E. H. Pitts, Rivers, Scarborough, Simrill, Sinclair, G. M. Smith, W. D. Smith, Stille, Townsend, Umphlett, Vaughn, Walker and Young: A BILL TO AMEND SECTION 50-9-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DURATION OF HUNTING AND FISHING LICENSES, SO AS TO PROVIDE THAT ANNUAL HUNTING AND FISHING LICENSES ARE VALID FOR ONE CALENDAR YEAR FROM THE DATE OF ISSUE RATHER THAN THE CURRENT STATE FISCAL YEAR LICENSE PERIOD AND TO IMPOSE A ONE DOLLAR SURCHARGE ON HUNTING AND FISHING LICENSES AND PERMIT FEES FOR LICENSES AND PERMITS ISSUED BEGINNING JULY 1, 2004, THROUGH JUNE 30, 2009, AND TO REQUIRE THE REVENUE OF THE SURCHARGE TO BE CREDITED TO A SEPARATE FUND IN THE STATE TREASURY, THE REVENUE OF WHICH MUST BE APPROPRIATED ANNUALLY TO THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES TO MODERNIZE THE DEPARTMENT'S COMPUTER CAPABILITIES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 5129 (Word version) -- Reps. Rice, Talley, Thompson, Clyburn, Frye, Hamilton, Herbkersman, Hosey, Keegan, Littlejohn, Martin, Owens, Perry, E. H. Pitts, Scarborough, Simrill, Sinclair, J. R. Smith, Snow, Taylor and Young: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING CHAPTER 24 SO AS TO ESTABLISH THE SOUTH CAROLINA SUNSET COMMISSION AND A SUNSET REVIEW DIVISION OF THE LEGISLATIVE AUDIT COUNCIL, TO ESTABLISH PROCEDURES PROVIDING FOR THE MANNER IN WHICH THE PROGRAMS OF CERTAIN AGENCIES AND DEPARTMENTS OF STATE GOVERNMENT MUST BE EVALUATED TO DETERMINE IF THEY SHOULD BE CONTINUED IN EXISTENCE, MODIFIED, OR TERMINATED, AND TO ESTABLISH THE PROCEDURES BY WHICH THESE PROGRAMS MUST BE CONTINUED, MODIFIED, OR TERMINATED.
Referred to Committee on Ways and Means
H. 5130 (Word version) -- Reps. E. H. Pitts, Huggins and McLeod: A BILL TO PROVIDE THAT FOR THE LEXINGTON COUNTY RESIDENT MEMBER OF THE BOARD OF TRUSTEES OF LEXINGTON-RICHLAND SCHOOL DISTRICT FIVE WHO TAKES OFFICE AFTER RECEIVING THE THIRD HIGHEST NUMBER OF VOTES IN THE GENERAL ELECTION OF 2004, FROM THOSE MEMBERS ELECTED FROM LEXINGTON COUNTY, THE TERM OF OFFICE IS FOR TWO YEARS AND UNTIL HIS SUCCESSOR ELECTED IN THE GENERAL ELECTION OF 2006 TAKES OFFICE.
On motion of Rep. E. H. PITTS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 1082 (Word version) -- Senator Cromer: A JOINT RESOLUTION TO PROVIDE THAT THE BOARDS OF TRUSTEES OF THE NEWBERRY AND SALUDA COUNTY SCHOOL DISTRICTS FOR SCHOOL YEAR 2003-2004 ARE AUTHORIZED TO FORGIVE UP TO THREE SCHOOL DAYS MISSED BY ANY SCHOOL OF THE DISTRICTS BECAUSE OF SNOW, ICE, OR EXTREME WEATHER CONDITIONS.
S. 1127 (Word version) -- Senators Knotts, Cromer, Courson and Setzler: A BILL TO ENACT THE LEXINGTON COUNTY SCHOOL DISTRICT PROPERTY TAX RELIEF ACT BY ALLOWING THE IMPOSITION OF A SALES AND USE TAX EQUAL TO ONE PERCENT OF GROSS SALES IN LEXINGTON COUNTY FOLLOWING APPROVAL OF THE TAX BY THE QUALIFIED ELECTORS OF THE COUNTY IN A REFERENDUM HELD AT THE TIME OF THE 2004 GENERAL ELECTION, TO PROVIDE THAT THE TAX IS IMPOSED FOR SEVEN YEARS AND MAY BE EXTENDED OR REIMPOSED BY THE GENERAL ASSEMBLY BY LAW, TO PROVIDE THAT THE TAX IS IMPOSED IN THE SAME MANNER AND WITH THE SAME EXEMPTIONS AND MAXIMUM TAXES APPLICABLE FOR THE FIVE PERCENT STATE SALES AND USE TAX WITH AN ADDITIONAL EXEMPTION FROM THE ONE PERCENT TAX FOR FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO PROVIDE THAT THE REVENUE OF THE TAX MUST BE ALLOTTED TO THE SCHOOL DISTRICTS OF LEXINGTON COUNTY BASED ON AVERAGE DAILY NUMBER OF STUDENTS RESIDING IN THAT PORTION OF THE DISTRICT THAT IS IN LEXINGTON COUNTY AND ALSO BASED ON THE POPULATION OF THE DISTRICT, TO PROVIDE THAT THE REVENUE MUST BE USED TO PROVIDE A CREDIT AGAINST THE SCHOOL TAX LIABILITY FOR PROPERTY IN THE DISTRICT AND TO PROVIDE THE METHOD OF CALCULATING THE CREDIT, AND TO PROVIDE THAT REFERENDUMS TO APPROVE MILLAGE INCREASES OR BOND AUTHORIZATIONS FOR ANY PURPOSE IN LEXINGTON COUNTY MAY ONLY BE HELD ON THE FIRST TUESDAY WHICH FOLLOWS THE FIRST MONDAY IN NOVEMBER OF A PARTICULAR YEAR.
The following Bill was taken up:
H. 4796 (Word version) -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2005, SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL ADMINISTER THE STATE'S COMMERCIAL DRIVER LICENSE PROGRAM; TO AMEND SECTION 56-1-10 AND SECTION 56-1-630, BOTH AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN PROVISIONS CONCERNING MOTOR VEHICLES, SO AS TO REVISE THE DEFINITION OF THE TERM "CONVICTION"; TO AMEND SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITION OF TERMS CONTAINED IN THE SOUTH CAROLINA COMMERCIAL DRIVER'S LICENSE ACT, SO AS TO REVISE THE DEFINITION OF THE TERM "SERIOUS TRAFFIC VIOLATION"; TO AMEND SECTION 56-1-2080, AS AMENDED, RELATING TO ISSUANCE OF A COMMERCIAL DRIVER'S LICENSE, SO AS TO REVISE THE CONTENTS OF THE AGREEMENT A THIRD PARTY MUST ENTER INTO WITH THE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO ADMINISTER THE COMMERCIAL DRIVER'S LICENSE SKILLS TEST; TO AMEND SECTION 56-1-2100, AS AMENDED, RELATING TO THE COMMERCIAL DRIVER'S LICENSE, SO AS TO REVISE THE REQUIREMENTS TO OBTAIN A HAZARDOUS MATERIAL ENDORSEMENT; TO AMEND SECTION 56-1-2110, AS AMENDED, RELATING TO VIOLATIONS THAT RESULT IN A PERSON BEING DISQUALIFIED FROM DRIVING A COMMERCIAL MOTOR VEHICLE, SO AS TO PROVIDE THAT OFFENSES COMMITTED BY A COMMERCIAL DRIVER'S LICENSE HOLDER IN A COMMERCIAL OR NONCOMMERCIAL VEHICLE MAY BE USED TO DISQUALIFY A PERSON FROM DRIVING A COMMERCIAL MOTOR VEHICLE, AND TO PROVIDE A DEFINITION FOR THE TERM "SERIOUS TRAFFIC VIOLATIONS"; TO AMEND SECTION 56-5-2735, RELATING TO VEHICLE ENTRY INTO AN INTERSECTION, ACROSS A CROSSWALK, OR ONTO A RAILROAD GRADE CROSSING, SO AS TO PROVIDE THAT A VEHICLE MAY NOT BE DRIVEN OR TOWED THROUGH OR OVER ANY RAILROAD GRADE CROSSING UNTIL THE DRIVER HAS DETERMINED THAT THE VEHICLE HAS SUFFICIENT UNDERCARRIAGE CLEARANCE TO NEGOTIATE THE RAILROAD GRADE CROSSING.
Rep. TOWNSEND made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 512 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 56-1-2080, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER'S LICENSE, SO AS TO PROVIDE A DEFINITION FOR THE PHRASE "RESIDENT OF SOUTH CAROLINA".
Rep. TOWNSEND made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3130 (Word version) -- Reps. Lourie and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-95 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON CONVICTED OF A MISDEMEANOR CRIMINAL DOMESTIC VIOLENCE OFFENSE TO SHIP, TRANSPORT, POSSESS, OR RECEIVE A FIREARM OR AMMUNITION IF THE CONVICTION MEETS CERTAIN CONDITIONS AND TO PROVIDE PENALTIES; AND BY ADDING SECTION 20-4-150, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON SUBJECT TO A PROTECTION ORDER, UNDER CERTAIN CONDITIONS, TO SHIP, TRANSPORT, POSSESS, OR RECEIVE A FIREARM OR AMMUNITION AND TO PROVIDE PENALTIES.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7174AHB04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 16-23-30 of the 1976 Code is amended to read:
"Section 16-23-30. It shall be is unlawful for any a person to knowingly sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale into this State any a pistol to:
(a) Any a person who has been convicted of a crime of violence in any court of the United States, the several states, commonwealths, territories, possessions, or the District of Columbia, or who is a fugitive from justice, or a habitual drunkard, or a drug addict, or a person who has been adjudicated mentally incompetent.
(b) a person convicted of criminal domestic violence of a high and aggravated nature pursuant to Section 16-25-65.
(c) Any a person who is a member of a subversive organization.
(c) (d) Any a person under the age of twenty-one, but however, this shall the provisions of this subsection do not apply to the issue of pistols to members of Armed Forces of the United States, active or reserve, National Guard, State Militia, or R. O. T. C., when on duty or training or the temporary loan of pistols for instructions under the immediate supervision of a parent or adult instructor.
(d) (e) Any a person who by order of a circuit judge or county court judge of this State has been is adjudged unfit to carry or possess a pistol, such the adjudication to may be made upon application by any a police officer, or by any a prosecuting officer of this State, or sua sponte, by the court, but any a person who shall be is the subject of such an application shall be is entitled to reasonable notice and a proper hearing prior to any such an adjudication.
(e) (f) It shall be is unlawful for any a person, covered in (a), (b), (c) or (d) of this section as defined in subsections (a) through (e) to possess or acquire pistols within this State.
(f) (g) No person shall knowingly may buy, sell, transport, pawn, receive, or possess any a stolen pistol or one from which the original serial number has been removed or obliterated."
SECTION 2. Article 3, Chapter 23, Title 16 of the 1976 Code is amended by adding:
"Section 16-23-235. It is unlawful for a person to knowingly sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale into this state, a machine gun, sawed-off shotgun, shotgun, or rifle or sawed-off rifle as defined in this chapter to a person convicted of criminal domestic violence of a high and aggravated nature pursuant to Section 16-25-65."
SECTION 3. Section 20-4-60(d) of the 1976 Code is amended to read:
"(d) No protective order issued pursuant to this chapter may, in any manner, affect the title to real property, except pursuant to the provisions of subsection (f)."
SECTION 4. Section 20-4-60 of the 1976 Code, as last amended by Act 396 of 1996, is further amended by adding:
"(f) If an order of protection is issued pursuant to this chapter and the court finds that there is an imminent danger to the petitioner by the respondent, the court may order the respondent to surrender all firearms as defined in Section 16-23-10(a) and 16-23-210(a) through (e) to the county sheriff as a condition of the order of protection. The Sheriff shall store the firearms for the duration of the order of protection."
SECTION 5. Section 17-15-40 of the 1976 Code is amended to read:
"Section 17-15-40. (A) On Upon releasing the person on any of the foregoing conditions, the court shall issue a brief order containing a statement of the conditions imposed, informing the person of the penalties for violation of the conditions of release and stating that a warrant for the person's arrest will be issued immediately upon any such a violation of a condition of release. The person released shall acknowledge his understanding of the terms and conditions of his release and the penalties and forfeitures applicable in the event of a violation thereof of a condition of release on a form to be prescribed by the Attorney General.
(B) If a person is charged with a violent crime as defined in Section 16-1-60, criminal domestic violence of a high and aggravated nature pursuant to Section 16-25-65, or criminal domestic violence pursuant to Section 16-25-20, the court may order the person, as a condition of bond, to surrender to the County Sheriff all firearms as defined in Section 16-23-10(a) and 16-23-210(a) through (e) which are owned or possessed by the defendant. The sheriff shall store the firearms until final disposition of the charges."
SECTION 6. Section 16-3-1750 of the 1976 Code, as last amended by Act 175 of 2002, is further amended to read:
"Section 16-3-1750. (A) Under Pursuant to the provisions of this article, the magistrates court has jurisdiction over an action seeking a restraining order against a person engaged in harassment, or stalking, criminal domestic violence of a high and aggravated nature pursuant to Section 16-25-65, and criminal domestic violence pursuant to Section 16-25-20.
(B) An action for a restraining order must be filed in the county in which:
(1) the defendant resides when the action commences;
(2) the harassment, or stalking, criminal domestic violence of a high and aggravated nature pursuant to Section 16-25-65, or criminal domestic violence pursuant to Section 16-25-20 occurred; or
(3) the plaintiff resides if the defendant is a nonresident of the State or cannot be found.
(C) A complaint and motion for a restraining order may be filed by any person. The complaint must:
(1) allege that the defendant is engaged in harassment, or stalking, criminal domestic violence of a high and aggravated nature pursuant to Section 16-25-65, or criminal domestic violence pursuant to Section 16-25-20 and must state the time, place, and manner of the acts complained of, and other facts and circumstances upon which relief is sought;
(2) be verified; and
(3) inform the defendant of his right to retain counsel to represent him at the hearing on the complaint.
(D) The magistrates court must provide forms to facilitate the preparation and filing of a complaint and motion for a restraining order by a plaintiff not represented by counsel. The court must not charge a fee for filing a complaint and motion for a restraining order against a person engaged in harassment or stalking The court may not charge a fee for filing a complaint and motion for a restraining order against a person charged with criminal domestic violence of a high and aggravated nature pursuant to Section 16-25-65 or criminal domestic violence pursuant to Section 16-25-20. All other restraining orders are subject to the filing fee as provided in Section 8-21-1010(6).
(E) If a person is charged with criminal domestic violence of a high and aggravated nature pursuant to Section 16-25-65 or criminal domestic violence pursuant to Section 16-25-20 and the court makes a finding of imminent danger to the applicant, the court may order the person subject to a restraining order to surrender all firearms as defined in Sections 16-23-10(a) and 16-23-210(a) through (e) to the local sheriff for the duration of the order.
(F) Upon issuance of a restraining order pursuant to the provisions of this section, the magistrate shall direct that the filing fee be paid by the person subject to a restraining order.
(G) The court may find a person subject to a restr order in contempt of court for failure to pay the required filing fees as ordered.
(H) Notwithstanding any other another provision of law, a restraining order or a temporary restraining order issued pursuant to this article is enforceable throughout this State."
SECTION 7. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. LUCAS explained the amendment.
The amendment was then adopted.
Rep. DELLENEY proposed the following Amendment No. 2 (Doc Name COUNCIL\DKA\3894DW04), which was adopted:
Amend the bill, as and if amended, Section 17-15-40(B), SECTION 5, page [3130-3], by striking the subsection and inserting:
/(B) If a person is charged with a violent crime as defined in Section 16-1-60, criminal domestic violence of a high and aggravated nature pursuant to Section 16-25-65, the court may order the person, as a condition of bond, to surrender to the County Sheriff all firearms as defined in Section 16-23-10(a) and 16-23-210(a) through (e) which are owned or possessed by the defendant. The sheriff shall store the firearms until final disposition of the charges. /
Amend further, Section 17-15-40, SECTION 5, page [3130-3], after line 19, by adding a new subsection to read:
/(C) If a person is charged with a violent crime as defined in Section 16-1-60, criminal domestic violence pursuant to Section 16-25-20, the court may order the person, as a condition of bond, only when requested or with the consent of the victim, to surrender to the County Sheriff all firearms as defined in Section 16-23-10(a) and 16-23-210(a) through (e) which are owned or possessed by the defendant. The sheriff shall store the firearms until final disposition of the charges." /
Reletter subsections to conform.
Renumber sections to conform.
Amend title to conform.
Rep. DELLENEY explained the amendment.
Rep. MOODY-LAWRENCE requested debate on the Bill.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The motion period was dispensed with on motion of Rep. SKELTON.
The following Bill was taken up:
H. 4731 (Word version) -- Reps. Howard, Bales, J. Brown, Cotty, Harrison, Lourie, J. H. Neal, Parks, Quinn, Rutherford, Scott and J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-850 SO AS TO DEFINE THE TERM "FUNERAL PROCESSION", AND TO PROVIDE FOR THE DUTIES OF OPERATORS OF VEHICLES IN A FUNERAL PROCESSION AND NOT IN A FUNERAL PROCESSION.
Reps. HOWARD and SANDIFER proposed the following Amendment No. 8 (Doc Name COUNCIL\SWB\6003AC04), which was adopted:
Amend the bill, as and if amended, Section 56-5-850, page 4731-2, after line 32 by inserting:
/ (J) Notwithstanding any other provision of law, this section applies to Richland County only. /
Renumber sections to conform.
Amend title to conform.
Rep. SANDIFER explained the amendment.
The amendment was then adopted.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5902CM04), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 5, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-850. (A) As used in this section, 'funeral procession' means two or more vehicles accompanying the body of a deceased person when each vehicle has its headlights on or is displaying a pennant attached in a manner as to clearly be visible to approaching traffic, or is escorted by a law enforcement vehicle.
(B) A vehicle in a funeral procession has the right-of-way at an intersection and may proceed through the intersection if the procession is led by an escort vehicle displaying flashing yellow, red, or blue lights, except when:
(1) an emergency vehicle requires the right-of-way;
(2) vehicles in the procession are directed otherwise by a law enforcement officer; or
(3) the vehicle is a train or locomotive.
(C) Before assuming the right-of-way, a person who drives a vehicle in a funeral procession shall exercise caution with regard to crossing traffic.
(D) A person who drives a vehicle that is not part of a funeral procession shall not drive the vehicle between the vehicles of the funeral procession or interfere with the progress of the procession, except when the:
(1) person is authorized to do so by a law enforcement officer; or
(2) vehicle is an emergency vehicle.
(E) A person who drives a vehicle that is not a part of a funeral procession shall not illuminate the vehicle headlights or engage in any other act for the purpose of securing the right-of-way granted to funeral processions.
(F) The escort vehicle, hearse, or other vehicles in a funeral procession may be equipped with flashing amber lights for the purpose of notifying the general public of the procession and gaining the right-of-way at intersections, or signaling the end of a procession.
(G) A person authorized to use flashing lights may use them while accompanying a funeral procession to warn traffic that a procession is approaching or that it is in progress.
(H) When a funeral procession is in progress, a person driving a vehicle not in the procession shall not pass in either direction or overtake any vehicle in the procession unless the:
(1) person is directed to do so by a law enforcement officer;
(2) procession is on a street, road, or highway outside the corporate limits of a city or town;
(3) driver is traveling in the opposite direction on a divided multi-lane highway, road, or street; or
(4) procession is on an interstate highway or a state parkway.
(I) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. SANDIFER moved to table the amendment, which was agreed to.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Anthony Bailey Bales Bingham Branham Breeland J. Brown Clyburn Cotty Dantzler Duncan Edge Emory Harrell M. Hines Howard Keegan Kennedy Limehouse Lloyd McCraw McLeod Merrill J. H. Neal J. M. Neal Quinn Richardson Scott Skelton Taylor Thompson Toole Townsend Umphlett Viers Weeks White
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
H. 5061 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER QUALITY CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2871, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LOFTIS explained the Joint Resolution.
Rep. HAGOOD moved to adjourn debate on the Joint Resolution until Wednesday, April 21.
Rep. LOFTIS moved to table the motion.
Rep. HAGOOD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Battle Duncan Frye Koon Loftis Neilson Perry Pinson M. A. Pitts Stewart Taylor Thompson Trotter Walker White
Those who voted in the negative are:
Allen Anthony Bailey Bales Bingham Bowers G. Brown Chellis Clark Clemmons Cobb-Hunter Coleman Cotty Delleney Edge Freeman Gourdine Govan Hagood Hamilton Harrell Harrison Haskins Hayes Herbkersman M. Hines Hinson Hosey Huggins Keegan Leach Lee Limehouse Lloyd Lourie Lucas Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Owens E. H. Pitts Quinn Rhoad Rice Richardson Rivers Rutherford Scarborough Simrill Sinclair Skelton D. C. Smith G. R. Smith J. R. Smith Stille Talley Toole Tripp Vaughn Weeks Whipper Whitmire Young
So, the House refused to table the motion.
The question then recurred to the motion to adjourn debate until Wednesday, April 21.
Rep. LOFTIS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Altman Bailey Bales Battle Bingham Bowers Breeland G. Brown Chellis Clark Cobb-Hunter Cotty Dantzler Delleney Gourdine Govan Hagood Hamilton Harrell Harrison Hayes Herbkersman J. Hines M. Hines Hinson Hosey Howard Huggins Keegan Lee Limehouse Lourie Lucas Mahaffey Martin McCraw McLeod Merrill Miller Moody-Lawrence J. H. Neal Neilson E. H. Pitts Quinn Rhoad Rice Richardson Rivers Rutherford Scarborough Simrill Skelton D. C. Smith G. R. Smith J. R. Smith W. D. Smith Snow Talley Toole Tripp Trotter Umphlett Weeks Whipper Whitmire Young
Those who voted in the negative are:
Anthony R. Brown Clemmons Duncan Edge Freeman Frye Koon Leach Loftis Owens Perry M. A. Pitts Stewart Stille Taylor Thompson Vaughn Walker White
So, the motion to adjourn debate was agreed to.
The following Bill was taken up:
H. 4734 (Word version) -- Reps. Howard, Cobb-Hunter, Gourdine, Jennings, Lee, J. H. Neal, Weeks, Ott, Lourie, Kennedy, Harvin, Coleman and Whipper: A BILL TO AMEND SECTIONS 2-19-10, 2-19-20, 2-19-35, 2-19-70, AND 2-19-80, ALL AS AMENDED, AND SECTION 2-19-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, ALL SO AS TO CHANGE THE COMMISSION'S PROCESS FOR NOMINATING JUDICIAL CANDIDATES FROM THE NOMINATION OF THREE CANDIDATES TO THE RELEASE OF A LIST OF ALL QUALIFIED CANDIDATES TO THE GENERAL ASSEMBLY AND TO PROVIDE FURTHER CONFORMING CHANGES.
Rep. HINSON proposed the following Amendment No. 2 (Doc Name COUNCIL\SWB\6007AC04), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 2-19-70 of the 1976 Code, as last amended by Act 388 of 1998, is further amended to read:
"Section 2-19-70. (A) As used in this section, 'immediate family member' means an individual who is:
(1) a child residing in the person's household;
(2) a spouse of the person; or
(3) claimed by the person or the person's spouse as a dependent for income tax purposes.
(B) No member of the General Assembly or member of his immediate family may be elected to a judicial office while he the member is serving in the General Assembly nor shall that person may a member of the General Assembly or a member of his immediate family be elected to a judicial office for a period of one year after he the member either:
(1) ceases to be a member of the General Assembly; or
(2) fails to file for election to the General Assembly in accordance with Section 7-11-15.
(B) (C) The privilege of the floor in either house of the General Assembly may not be granted to any a candidate or any an immediate family member of a candidate unless the family member is serving in the General Assembly, during the time the candidate's application is pending before the commission and during the time his nomination by the commission for election to a particular judicial office is pending in the General Assembly.
(C) (D) No candidate for judicial office may seek directly or indirectly the pledge of a member of the General Assembly's vote or, directly or indirectly, contact a member of the General Assembly regarding screening for the judicial office until the qualifications of all candidates for that office have been determined by the Judicial Merit Selection Commission and the commission has formally released its report as to the qualifications of all candidates for the vacancy to the General Assembly. No member of the General Assembly may offer his pledge until the qualifications of all candidates for that office have been determined by the Judicial Merit Selection Commission and until the commission has formally released its report as to the qualifications of its nominees to the General Assembly. The formal release of the report of qualifications shall occur no earlier than forty-eight hours after the nominees have been initially released to members of the General Assembly. For purposes of this section, indirectly seeking a pledge means the candidate, or someone acting on behalf of and at the request of the candidate, requesting a person to contact a member of the General Assembly on behalf of the candidate before nominations for that office are formally made by the commission. The prohibitions of this section do not extend to an announcement of candidacy by the candidate and statements by the candidate detailing the candidate's qualifications.
(D) (E) No member of the General Assembly may trade anything of value, including pledges to vote for legislation or for other candidates, in exchange for another member's pledge to vote for a candidate for judicial office.
(E) (F) Violations of this section may be considered by the merit selection commission when it considers the candidate's qualifications. Violations of this section by members of the General Assembly shall be reported by the commission to the House or Senate Ethics Committee, as may be applicable. Violations of this section by nonlegislative commission members shall be reported by the commission to the State Ethics Commission. A violation of this section is a misdemeanor and, upon conviction, the violator must be fined not more than one thousand dollars or imprisoned not more than ninety days. Cases tried under this section may not be transferred from general sessions court pursuant to Section 22-3-545." /
Renumber sections to conform.
Amend title to conform.
Rep. HINSON moved to table the amendment, which was agreed to.
Reps. HINSON, YOUNG, ALTMAN, MERRILL, HAGOOD and SCARBOROUGH proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\12431AC04), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 2-19-70 of the 1976 Code, as last amended by Act 388 of 1998, is further amended to read:
"Section 2-19-70. (A) As used in this section, 'immediate family member' means an individual who is:
(1) a child residing in the person's household;
(2) a spouse of the person; or
(3) claimed by the person or the person's spouse as a dependent for income tax purposes.
(B) No member of the General Assembly or member of his immediate family may be elected to a judicial office while he the member is serving in the General Assembly nor shall that person be elected to a judicial office for a period of one year after he either:
(1) ceases to be a member of the General Assembly; or
(2) fails to file for election to the General Assembly in accordance with Section 7-11-15.
(B) (C) The privilege of the floor in either house of the General Assembly may not be granted to any a candidate or any an immediate family member of a candidate unless the family member is serving in the General Assembly, during the time the candidate's application is pending before the commission and during the time his nomination by the commission for election to a particular judicial office is pending in the General Assembly.
(C) (D) No candidate for judicial office may seek directly or indirectly the pledge of a member of the General Assembly's vote or, directly or indirectly, contact a member of the General Assembly regarding screening for the judicial office until the qualifications of all candidates for that office have been determined by the Judicial Merit Selection Commission and the commission has formally released its report as to the qualifications of all candidates for the vacancy to the General Assembly. No member of the General Assembly may offer his pledge until the qualifications of all candidates for that office have been determined by the Judicial Merit Selection Commission and until the commission has formally released its report as to the qualifications of its nominees to the General Assembly. The formal release of the report of qualifications shall occur no earlier than forty-eight hours after the nominees have been initially released to members of the General Assembly. For purposes of this section, indirectly seeking a pledge means the candidate, or someone acting on behalf of and at the request of the candidate, requesting a person to contact a member of the General Assembly on behalf of the candidate before nominations for that office are formally made by the commission. The prohibitions of this section do not extend to an announcement of candidacy by the candidate and statements by the candidate detailing the candidate's qualifications.
(D) (E) No member of the General Assembly may trade anything of value, including pledges to vote for legislation or for other candidates, in exchange for another member's pledge to vote for a candidate for judicial office.
(E) (F) Violations of this section may be considered by the merit selection commission when it considers the candidate's qualifications. Violations of this section by members of the General Assembly shall be reported by the commission to the House or Senate Ethics Committee, as may be applicable. Violations of this section by nonlegislative commission members shall be reported by the commission to the State Ethics Commission. A violation of this section is a misdemeanor and, upon conviction, the violator must be fined not more than one thousand dollars or imprisoned not more than ninety days. Cases tried under this section may not be transferred from general sessions court pursuant to Section 22-3-545." /
Renumber sections to conform.
Amend title to conform.
Rep. HINSON explained the amendment.
The amendment was then adopted.
Rep. GOVAN proposed the following Amendment No. 4 (Doc Name COUNCIL\SWB\6009CM04), which was tabled:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/SECTION 1. Subsections (A) and (B) of Section 2-19-10 of the 1976 Code, as last amended by Act 391 of 1996, are further amended to read:
"(A) Whenever an election is to be held by the General Assembly in Joint Session, for members of the judiciary, a Judicial Merit Selection Commission, composed of ten eleven members, shall must be appointed, in the manner prescribed by this section, to consider the qualifications of the candidates. The Judicial Merit Selection Commission shall meet at least once annually and at other times as may be designated by the chairman. The commission, at its first meeting and then annually, shall elect a chairman and a vice chairman who shall serve for a term of one year and until their successors are elected and qualified, and adopt rules necessary to the purposes of the commission. These rules shall address, among other things:
(1) the confidentiality of records and other information received concerning candidates for judicial office;
(2) the conduct of proceedings before the commission;
(3) receipt of public statements in support of or in opposition to any of the candidates;
(4) procedures to review the qualifications of retired judges for continued judicial service;
(5) contacting incumbent judges regarding their desire to seek re-election;
(6) prohibition against candidates communicating with individual members of the commission concerning the qualifications of candidates unless specifically authorized by the commission.
A member may succeed himself as chairman or vice chairman. Six members of the commission constitute a quorum at all meetings.
(B) Notwithstanding any other another provision of law, the Judicial Merit Selection Commission shall consist of the following individuals:
(1) five members appointed by the Speaker of the House of Representatives and of these appointments:
(a) three members must be serving members of the General Assembly; and
(b) two members must be selected from the general public;
(2) three members appointed by the Chairman of the Senate Judiciary Committee and two members appointed by the President Pro Tempore of the Senate and of these appointments:
(a) three members must be serving members of the General Assembly; and
(b) two members must be selected from the general public.
(1) five members appointed by the Governor and of these appointments:
(a) one member must be selected from a list of three nominations submitted by the Legislative Black Caucus; and
(b) one member must be selected from a list of three nominations submitted by the South Carolina Bar Association; and
(c) one member must be selected from a list of three nominations submitted by the South Carolina Black Lawyers Association; and
(d) two members must be selected from the State at-large; and
(2) one member must be appointed by the Speaker of the House of Representatives and one member must be appointed by the President Pro Tempore of the Senate; and
(3) one member must be appointed by the House Majority Leader and one member must be appointed by the Senate Majority Leader; and
(4) one member must be appointed by the House Minority Leader and one member must be appointed by the Senate Minority Leader." /
Renumber sections to conform.
Amend title to conform.
Rep. GOVAN explained the amendment.
Rep. DELLENEY moved to table the amendment.
Rep. GOVAN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Anthony Bailey Bingham Ceips Chellis Clark Clemmons Cooper Cotty Dantzler Delleney Duncan Edge Emory Frye Hagood Hamilton Harrell Harrison Herbkersman Hinson Huggins Keegan Kennedy Koon Leach Limehouse Lucas Mahaffey Martin McCraw McGee McLeod Merrill Owens Perry Pinson E. H. Pitts M. A. Pitts Quinn Rice Sandifer Scarborough Simrill Sinclair D. C. Smith G. M. Smith G. R. Smith J. R. Smith Snow Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker White Whitmire Wilkins Young
Those who voted in the negative are:
Allen Battle Bowers Branham Breeland G. Brown J. Brown R. Brown Clyburn Cobb-Hunter Freeman Gourdine Govan Hayes J. Hines M. Hines Hosey Jennings Lee Lloyd Miller Moody-Lawrence J. H. Neal Ott Rivers Rutherford Scott Weeks Whipper
So, the amendment was tabled.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Anthony Bailey Bales Bowers Branham Breeland G. Brown J. Brown Clark Clemmons Clyburn Cobb-Hunter Coleman Delleney Duncan Edge Emory Freeman Gourdine Govan Hagood Haskins Hayes J. Hines M. Hines Hinson Hosey Howard Huggins Jennings Keegan Kennedy Koon Leach Lee Lloyd Loftis Lourie Lucas McCraw McGee McLeod Merrill Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Richardson Rivers Rutherford Scott Snow Taylor Thompson Townsend Tripp Weeks Whipper Young
Those who voted in the negative are:
Altman Battle Bingham Ceips Chellis Cooper Cotty Dantzler Hamilton Harrell Harrison Herbkersman Limehouse Mahaffey Martin Miller Owens Perry Rice Sandifer Scarborough Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Stewart Stille Talley Toole Trotter Umphlett Vaughn Viers Walker White Whitmire Wilkins
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. TOWNSEND moved that the House recur to the Morning Hour, which was agreed to.
On motion of Rep. DELLENEY, with unanimous consent, the following was taken up for immediate consideration:
H. 5131 (Word version) -- Reps. Delleney, W. D. Smith and F. N. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 26, 2004, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2005; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2005.
Be it resolved by the House of Representatives, the Senate concurring:
That the Senate and the House of Representatives shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, May 26, 2004, at 12:00 noon to elect a successor to the late Honorable Carol Connor, Judge of the Court of Appeals, Seat 1, whose term expires June 30, 2005; and to elect a successor to the Honorable William L. Howard, Sr., Judge of the Court of Appeals, Seat 2, whose term expires June 30, 2005.
Be it further resolved that all nominations must be made by the Chairman of the Judicial Merit Selection Commission and that no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 5132 (Word version) -- Reps. Hagood, Cotty, Whipper, Merrill, Limehouse, Bales, Altman, Bailey, Battle, Bowers, Chellis, Hamilton, Haskins, Herbkersman, Hinson, Huggins, Leach, Moody-Lawrence, E.H. Pitts, Richardson, Scarborough, Vaughn and Young: A BILL TO AMEND SECTION 17-22-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF PRETRIAL INTERVENTION PROGRAMS BY CIRCUIT SOLICITORS, SO AS TO ADD THAT THE CIRCUIT SOLICITOR HAS DISCRETION TO AUTHORIZE THE ESTABLISHMENT BY MUNICIPALITIES AND COUNTIES WITHIN THE CIRCUIT OF A PRETRIAL DIVERSION PROGRAM FOR HIGH SCHOOL STUDENTS WHO RECEIVE TRAFFIC TICKETS, TO EXEMPT THE STUDENTS FROM ELIGIBILITY LIMITATIONS FOR PRETRIAL INTERVENTION PROGRAMS, AND TO PROVIDE THAT A STUDENT MAY NOT BE CONSIDERED FOR THE PRETRIAL DIVERSION PROGRAM IF HE HAS PREVIOUSLY BEEN ACCEPTED INTO THE PROGRAM AND HAD A TRAFFIC TICKET DISMISSED.
Referred to the Committee on Judiciary
On motion of Rep. LIMEHOUSE, with unanimous consent, the following was taken up for immediate consideration:
H. 5133 (Word version) -- Reps. Limehouse, Allen, Altman, Bailey, Battle, Breeland, R. Brown, Ceips, Clark, Clyburn, Dantzler, Delleney, Duncan, Emory, Freeman, Frye, Gourdine, Hagood, Hamilton, Harrell, Harrison, Hayes, Herbkersman, J. Hines, Hosey, Koon, Lee, Lloyd, Lucas, Mahaffey, Merrill, Miller, Moody-Lawrence, J. M. Neal, Neilson, Owens, M. A. Pitts, Rice, Richardson, Simrill, Sinclair, Skelton, D. C. Smith, G. R. Smith, J. R. Smith, Snow, Taylor, Thompson, Toole, Umphlett, Vaughn, Walker and Whitmire: A CONCURRENT RESOLUTION TO EXPRESS THE DESIRE OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO KEEP THE PHRASE "UNDER GOD " IN THE PLEDGE OF ALLEGIANCE.
Whereas, in the landmark case of Elk Grove Unified School District v. Newdow, the United States Supreme Court will determine whether the use of the Pledge of Allegiance in public schools violates the Constitution's ban on government-established religion; and
Whereas, the court will examine whether a public school district policy that requires teachers to lead willing students in the Pledge of Allegiance is an unconstitutional governmental endorsement of religion with the phrase "under God" as part of the Pledge of Allegiance; and
Whereas, the phrase "under God" was not a part of the original pledge written in 1892, but was added by a 1954 law adopted to distinguish America's religious values and heritage from the atheistic values of communism; and
Whereas, Michael Newdow, an atheist from California, brought the case against the school district that his nine-year-old daughter attends, and Solicitor General Theodore Olson will defend the phrase "under God"; and
Whereas, the members of the South Carolina General Assembly strongly support the use of the phrase "under God" in the Pledge of Allegiance because the beliefs and the morals of the citizens of South Carolina are reflected in the recitation of the familiar phrase. 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, express their desire to keep the phrase "under God" in the Pledge of Allegiance.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. GOVAN, with unanimous consent, the following was taken up for immediate consideration:
H. 5134 (Word version) -- Rep. Govan: A HOUSE RESOLUTION JOINING THE FAMILY CIRCLE TENNIS CENTER AND THE CITY OF CHARLESTON AS THEY HONOR SOUTH CAROLINA NATIVE AND TENNIS PIONEER, ALTHEA GIBSON, BY NAMING THE CENTER'S SHOW COURT THE "ALTHEA GIBSON CLUB COURT" IN COMMEMORATION OF ONE OF THE SPORT'S TRUE LEGENDS.
Whereas, Althea Gibson was born in 1927 in Silver, South Carolina; and
Whereas, upon relocating to Harlem in New York City, she was drawn to the sport of tennis; and
Whereas, her game and those of other great Black players, like Arthur Ashe, were nurtured and sharpened through the efforts of the American Tennis Association at a time when they were not allowed to play in events sponsored by the United States Lawn Tennis Association; and
Whereas, upon her historic debut in the 1950 U.S. Nationals, sponsored by the United States Lawn Tennis Association on the grass of Forest Hills, she fought off the three-time Wimbledon titleholder, Louise Brough, until a thunderstorm delayed the second-round match; and
Whereas, only six years later, she won the French Championships, as well as the women's doubles titles in Paris and at Wimbledon; and
Whereas, she was voted Female Athlete of the Year by the Associated Press in 1957 and 1958, the first Black to be so honored; and
Whereas, her legacy to the world of tennis and to disadvantaged youth is perpetuated by the Althea Gibson Foundation which continues to commit time and money to entrepreneurial and athletic training to youngsters, starting with the City Schools of Charleston; and
Whereas, it is with great pride and deep respect that the people of South Carolina participate in this tribute to a great athlete and a great lady. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives join the Family Circle Tennis Center and the City of Charleston as they honor South Carolina native and tennis pioneer, Althea Gibson, by naming the Center's show court the "Althea Gibson Club Court" in commemoration of one of the sport's true legends.
Be it further resolved that a copy of this resolution be presented to representatives of the Family Circle Tennis Center.
The Resolution was adopted.
Rep. TOWNSEND moved that the House do now adjourn, which was agreed to.
At 1:00 p.m. the House, in accordance with the motion of Rep. MERRILL, adjourned in memory of Lougenia Brown, mother of Congressman Henry Brown, to meet at 10:00 a.m. tomorrow.
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