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 Ruth 2:12: "May you have a full reward from the Lord, the God of Israel, under whose wings you have come for refuge."
Let us pray. God, help us to believe and trust that You reward those who serve. Give these women and men the ability to make decisions which may be pleasing to the people and to You, O Lord. Help them to always do what is right and proper. Bless and preserve our State and Nation and guide those in authority. Protect our defenders of freedom and comfort those who wait at home. We pray in the name of our Lord. 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. CLYBURN moved that when the House adjourns, it adjourn in memory of Jethro Roosevelt McCain, which was agreed to.
The following was received:
Columbia, S.C., April 28, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 274, H. 4919 by a vote of 46 to 0.
(R274) H. 4919 (Word version) -- Rep. Jennings: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 27, 2004, AND FEBRUARY 26 AND 27, 2004, BY THE STUDENTS OF SCHOOLS IN THE SCHOOL DISTRICT OF MARLBORO COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Very respectfully,
President
The following was introduced:
H. 5187 (Word version) -- Reps. Sandifer, Cato, Talley and Ott: A HOUSE RESOLUTION URGING THE UNITED STATES CONGRESS TO PROVIDE FOR A DOMESTIC ENERGY POLICY THAT WILL ENSURE AN ADEQUATE SUPPLY OF NATURAL GAS, INCLUDING DEVELOPING THE APPROPRIATE INFRASTRUCTURE, AND THAT WILL EMBRACE A CONCERTED NATIONAL EFFORT TO PROMOTE GREATER ENERGY EFFICIENCY, PRODUCING A POLITICAL CONSENSUS THAT WILL OPEN PROMISING NEW AREAS FOR ENVIRONMENTALLY RESPONSIBLE NATURAL GAS PRODUCTION.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 5188 (Word version) -- Reps. Talley and Sinclair: A HOUSE RESOLUTION TO CONGRATULATE THE MEMBERS AND COACHING STAFF OF THE DORMAN HIGH SCHOOL VOLLEYBALL TEAM ON THEIR OUTSTANDING SEASON AND TO EXTEND BEST WISHES TO THEM IN ALL OF THEIR FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 5189 (Word version) -- Rep. Bowers: A HOUSE RESOLUTION TO HONOR AND CONGRATULATE ALBERT BOYD WEEKS OF COLLETON COUNTY ON BEING AWARDED THE RANK OF EAGLE SCOUT BY THE BOY SCOUTS OF AMERICA ON MARCH 3, 2001, AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 5190 (Word version) -- Rep. Bowers: A HOUSE RESOLUTION TO HONOR AND CONGRATULATE ADAM ELLIS WEEKS OF COLLETON COUNTY ON BEING AWARDED THE RANK OF EAGLE SCOUT BY THE BOY SCOUTS OF AMERICA ON MAY 15, 2004, AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 5191 (Word version) -- Rep. Hamilton: A CONCURRENT RESOLUTION TO RECOGNIZE THE URGENCY OF FINDING SOLUTIONS TO THE PROBLEM OF THE LACK OF HEALTH INSURANCE BY MANY SOUTH CAROLINIANS AND TO DECLARE THE WEEK OF MAY 10-16, 2004, AS "COVER THE UNINSURED WEEK" IN THIS STATE.
Whereas, five hundred thousand South Carolinians do not have health care coverage; and
Whereas, eight out of ten of the uninsured are in working families that cannot afford health insurance and are not eligible for public programs; and
Whereas, uninsured South Carolinians live with more illnesses and die younger because they are forced to go without the health care they need; and
Whereas, a slow economy, higher unemployment, and rising health care costs mean that more South Carolinians are becoming uninsured in our State; and
Whereas, the members of the General Assembly believe that solutions to this situation should be found so that as many South Carolinians as possible can become covered. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly recognize the urgency of finding solutions to the problem of the lack of health insurance by many South Carolinians and declare the week of May 10-16, 2004, as "Cover the Uninsured Week" in this State.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5192 (Word version) -- Reps. Freeman, Jennings, Lucas and Neilson: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE GENERAL ASSEMBLY UPON THE DEATH OF VOLUNTEER FIREFIGHTER LIEUTENANT EDGAR BRUCE ROGERS, OF CHESTERFIELD, THURSDAY, APRIL 22, 2004, AND TO CONVEY DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5193 (Word version) -- Reps. Scarborough, Altman, Hagood, Harrell and Limehouse: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ON HARBOR VIEW ROAD OVER JAMES ISLAND CREEK IN CHARLESTON COUNTY THE DR. JULIAN THOMAS BUXTON, JR. BRIDGE AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "DR. JULIAN THOMAS BUXTON, JR. BRIDGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 5194 (Word version) -- Reps. Viers, Barfield, Altman, Keegan and Stille: A BILL TO AMEND SECTION 44-41-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT TO PROVIDE CERTAIN INFORMATION TO A WOMAN BEFORE SHE CAN UNDERGO AN ABORTION, SO AS TO ALSO REQUIRE THAT INFORMATION ON ALTERNATIVES TO ABORTION BE PROVIDED, INCLUDING INFORMATION ON ADOPTIONS, HEALTH CARE, AND FINANCIAL ASSISTANCE; AND TO AMEND SECTION 44-41-350, RELATING TO PENALTIES FOR NONCOMPLIANCE, SO AS TO INCREASE FINES FOR A FIRST OFFENSE AND TO REQUIRE CLINIC CLOSURE FOR ONE MONTH FOR A SECOND OFFENSE AND PERMANENT CLOSURE FOR A THIRD OFFENSE.
Referred to Committee on Judiciary
H. 5195 (Word version) -- Rep. Harrison: A BILL TO AMEND ARTICLE 5, CHAPTER 5 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC LAWS, BY ADDING SECTION 56-5-830 SO AS TO AUTHORIZE LOCAL GOVERNMENTS TO ADOPT ORDINANCES FOR THE CIVIL ENFORCEMENT OF CERTAIN TRAFFIC LAWS BY THE USE OF TRAFFIC CONTROL SIGNAL MONITORING SYSTEMS; TO AMEND SECTION 14-25-45, RELATING TO THE JURISDICTION OF MUNICIPAL COURTS, SO AS TO PROVIDE FOR JURISDICTION OVER NONCRIMINAL CITATIONS ISSUED PURSUANT TO SECTION 56-5-830; AND TO AMEND SECTION 56-5-710, RELATING TO THE POWERS OF LOCAL AUTHORITIES TO ENFORCE TRAFFIC LAWS, SO AS TO ADD THE AUTHORITY TO ADOPT ORDINANCES FOR THE CIVIL ENFORCEMENT OF CERTAIN TRAFFIC LAWS BY THE USE OF TRAFFIC CONTROL SIGNAL MONITORING SYSTEMS.
Referred to Committee on Judiciary
H. 5197 (Word version) -- Reps. Clyburn, Quinn and J. Brown: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION OF PROPERTY AND APPLICABLE ASSESSMENT RATIOS FOR PURPOSES OF THE PROPERTY TAX, SO AS TO PROVIDE THAT IN THE CASE OF REAL PROPERTY CHANGED FROM AGRICULTURAL USE FOR DEVELOPMENT AS RESIDENTIAL PROPERTY, THE ROLLBACK TAX OTHERWISE APPLICABLE APPLIES FOR TWO RATHER THAN FIVE PRECEDING PROPERTY TAX YEARS.
Referred to Committee on Ways and Means
S. 686 (Word version) -- Senators Thomas and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 73, TITLE 38 SO AS TO ENACT THE "PROPERTY AND CASUALTY INSURANCE PERSONAL LINES MODERNIZATION ACT"; TO AMEND SECTION 38-73-910, RELATING TO CONDITIONS UNDER WHICH INSURANCE PREMIUMS MAY BE RAISED, SO AS TO DELETE FIRE, ALLIED LINES, AND HOMEOWNERS' INSURANCE FROM THIS REQUIREMENT, AND TO DELETE A PROVISION AUTHORIZING A PRIVATE INSURER TO UNDERWRITE CERTAIN ESSENTIAL PROPERTY INSURANCE AND TO FILE FOR RATE INCREASE UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Labor, Commerce and Industry
S. 718 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 50-11-2200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF WILDLIFE MANAGEMENT AREAS, SO AS TO MAKE A TECHNICAL CHANGE, AND TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF LAND LEASED OR ESTABLISHED AS WILDLIFE MANAGEMENT AREAS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 759 (Word version) -- Senators Hayes and Reese: A BILL TO AMEND CHAPTER 102 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATHLETE AGENTS AND STUDENT ATHLETES, SO AS TO ENACT THE "UNIFORM ATHLETE AGENTS ACT OF 2004", AND TO PROVIDE FOR: DEFINITIONS, APPLICATIONS, REGISTRATION, AND RENEWAL OF REGISTRATION FOR ATHLETE AGENTS, SERVICE OF PROCESS UPON INDIVIDUALS ACTING AS ATHLETE AGENTS IN THIS STATE, DUTIES OF THE SECRETARY OF STATE RELATING TO APPLICATIONS FOR REGISTRATION AND ISSUANCE OF TEMPORARY CERTIFICATES AND CERTIFICATES OF REGISTRATION TO ATHLETE AGENTS, THE NON-RENEWAL, SUSPENSION, AND REVOCATION OF CERTIFICATES OF REGISTRATION AFTER NOTICE AND OPPORTUNITY FOR A HEARING, REQUIRED PROVISIONS OF AN AGENCY CONTRACT INCLUDING A WARNING TO STUDENT ATHLETES OF CERTAIN RIGHTS AND CONSEQUENCES OF SIGNING AN AGENCY CONTRACT, CANCELLATION OF AN AGENCY CONTRACT, RETENTION OF CERTAIN RECORDS FOR FIVE YEARS BY AN ATHLETE AGENT AND INSPECTION OF THOSE RECORDS, PROHIBITION OF CERTAIN REPRESENTATIONS BY AN ATHLETE AGENT OR THE FURNISHING OF ANYTHING OF VALUE TO A STUDENT ATHLETE WITH THE INTENT TO INDUCE A STUDENT ATHLETE TO ENTER INTO AN AGENCY CONTRACT, A RIGHT OF ACTION BY AN EDUCATIONAL INSTITUTION AGAINST AN ATHLETE AGENT OR FORMER STUDENT ATHLETE FOR DAMAGES CAUSED BY A VIOLATION OF THIS CHAPTER, AND CIVIL AND CRIMINAL PENALTIES FOR CERTAIN VIOLATIONS OF THIS CHAPTER.
Referred to Committee on Education and Public Works
S. 1126 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 38-39-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREMIUM SERVICE AGREEMENTS, TO CLARIFY PROVISIONS OF PREMIUM SERVICE CONTRACTS AND DISCLOSURES, INCLUDING RENEWALS; TO AMEND SECTION 38-39-80, RELATING TO PREMIUM SERVICE COMPANIES, TO REQUIRE CERTAIN REGULATIONS BY THE DEPARTMENT OF INSURANCE; AND TO AMEND SECTION 38-39-90, RELATING TO CANCELLATION OF INSURANCE CONTRACTS BY PREMIUM SERVICE COMPANIES UPON DEFAULT, TO CLARIFY CERTAIN NOTICES TO INSUREDS.
Referred to Committee on Labor, Commerce and Industry
The following was introduced:
H. 5196 (Word version) -- Reps. Ceips and Scarborough: A CONCURRENT RESOLUTION TO RECOGNIZE THE VALUE OF SOUTH CAROLINA'S BEACHES AND COASTAL AREAS AND TO PROVIDE FOR THEIR PROTECTION AS A PUBLIC TRUST RESOURCE THROUGH THE IMPLEMENTATION OF POLICIES DESIGNED TO DEFEND AGAINST EROSION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1196 (Word version) -- Senators McConnell, Courson and Ford: A CONCURRENT RESOLUTION TO APPROVE THE SITE RECOMMENDED BY THE HUNLEY COMMISSION FOR THE DISPLAY AND EXHIBITION OF THE H. L. HUNLEY IN NORTH CHARLESTON, SOUTH CAROLINA, SUBJECT TO THE EXECUTION OF AN ACCEPTABLE CONTRACT BETWEEN THE HUNLEY COMMISSION AND THE CITY OF NORTH CHARLESTON.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1204 (Word version) -- Senator Patterson: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE SHAKEEM KENYA LANE FOR HIS ACHIEVEMENTS IN THE FIELD OF MEDICINE, TO CONGRATULATE HIM UPON HIS GRADUATION FROM THE MEDICAL UNIVERSITY OF SOUTH CAROLINA ON MAY 21, 2004, AND TO EXTEND BEST WISHES TO HIM IN ALL HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1205 (Word version) -- Senator Patterson: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE THE OUTSTANDING ACHIEVEMENTS OF TAMEKA KIMESUNG LANE OF BLAIR, SOUTH CAROLINA, IN THE FIELD OF MEDICINE, TO CONGRATULATE HER UPON HER GRADUATION FROM THE MEDICAL UNIVERSITY OF SOUTH CAROLINA ON MAY 21, 2004, AND TO EXTEND BEST WISHES TO HER IN ALL HER FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The roll call of the House of Representatives was taken resulting as follows:
Allen Altman Bailey Bales Barfield Battle Bingham Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clyburn Coates Cobb-Hunter Coleman Cooper Dantzler Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Hagood Hamilton Harrell Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hosey Howard Huggins Jennings Keegan Kennedy Koon Leach Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Mahaffey McCraw McGee McLeod Merrill Miller J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rice Richardson Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Snow Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker Weeks White Whitmire Wilkins Witherspoon
I came in after the roll call and was present for the Session on Thursday, April 29.
Herb Kirsh Thomas Rhoad Seth Whipper James Harrison Thayer Rivers Ralph Davenport Alan D. Clemmons Bill Cotty Todd Rutherford Jerry Govan Joseph Neal Becky Martin Bessie Moody-Lawrence William Bowers Brenda Lee Alex Harvin
The SPEAKER granted Rep. YOUNG a leave of absence due to a family illness.
The SPEAKER granted Rep. ANTHONY a leave of absence for the day.
The SPEAKER granted Rep. COTTY a temporary leave of absence.
Rep. Harvin signed a statement with the clerk that he was present for the Session on Wednesday, April 28.
Announcement was made that Dr. William M. Simpson, Jr. of Charleston is the Doctor of the Day for the General Assembly.
Rep. LOURIE presented to the House the Richland Northeast High School Model United Nations Team and their advisor, recognizing them for their fifteenth consecutive international first place award.
Rep. RUTHERFORD presented to the House the Double Dutch Forces and their coaches, recognizing them for their outstanding accomplishments as the National, World, and International Champions.
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. 5129 (Word version)
Date: ADD:
04/29/04 DUNCAN
Bill Number: H. 4127 (Word version)
Date: ADD:
04/29/04 BAILEY
Bill Number: H. 5129 (Word version)
Date: ADD:
04/29/04 CHELLIS
Bill Number: H. 4127 (Word version)
Date: REMOVE:
04/29/04 PINSON
Bill Number: H. 4127 (Word version)
Date: REMOVE:
04/29/04 M. A. PITTS
Bill Number: H. 5027 (Word version)
Date: REMOVE:
04/29/04 DUNCAN
Bill Number: H. 4557 (Word version)
Date: REMOVE:
04/29/04 THOMPSON
Bill Number: H. 5081 (Word version)
Date: REMOVE:
04/29/04 DUNCAN
The following Bill and Joint Resolutions were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:
S. 1173 (Word version) -- Senator Ritchie: A JOINT RESOLUTION TO AUTHORIZE THE CITY OF SPARTANBURG TO RELOCATE A STATUE OF REVOLUTIONARY WAR HERO GENERAL DANIEL MORGAN ONE HUNDRED FIFTY-FOUR FEET TO THE CENTER OF MORGAN SQUARE.
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.
S. 799 (Word version) -- Senator Thomas: A JOINT RESOLUTION TO PROVIDE THAT FORK SHOALS ROAD IN GREENVILLE AT ITS CONJUNCTION WITH THE DONALDSON CENTER IS NAMED THE "JAMES R. AND AIDA HATLEY MEMORIAL HIGHWAY" AND TO FURTHER PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION IS DIRECTED TO PLACE APPROPRIATE SIGNS ON FORK SHOALS ROAD IN GREENVILLE AT ITS CONJUNCTION WITH THE DONALDSON CENTER THAT READ: "JAMES R. AND AIDA HATLEY MEMORIAL HIGHWAY".
The following Bill was taken up:
H. 5177 (Word version) -- Rep. Clyburn: A BILL TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH THE TRUSTEES OF THE EDGEFIELD COUNTY SCHOOL DISTRICT ARE ELECTED AND DESIGNATE A MAP NUMBER ON WHICH THESE ELECTION DISTRICTS ARE DELINEATED.
Rep. D. C. SMITH proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3922DW04), which was rejected:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. (A) Notwithstanding any other provision of law, beginning with the election conducted in 2004, the Edgefield County School Board of Trustees shall consists of nine members. Each member of the board shall reside in and be elected by the qualified electors of each defined single-member election district as is shown on the official map designated as S-37-00-04-A prepared by and on file with the Office of Research and Statistics of the State Budget and Control Board.
(B) The two members of the Board of Trustees of the Edgefield County School District added by subsection (A) must be elected beginning at the time of the General Election of 2004 for terms of four years in nonpartisan elections held in the manner provided by law for the election of the remaining members of the board. /
Renumber sections to conform.
Amend title to conform.
Rep. D. C. SMITH explained the amendment.
The question then recurred to the adoption of the amendment.
Rep. CLYBURN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
D. C. Smith
Those who voted in the negative are:
Clyburn
So, the amendment was rejected.
The question then recurred to the passage of the Bill.
Rep. D. C. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Clyburn
Those who voted in the negative are:
D. C. Smith
So, the Bill was rejected.
The following Joint Resolution was taken up, read the second time, and ordered to a third reading:
H. 5186 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR A ONE AND ONE-HALF MILL INCREASE IN THE LEVY OF TAXES FOR DEBT SERVICE AND A ONE AND ONE-HALF MILL INCREASE IN THE LEVY OF TAXES FOR THE GENERAL FUND IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 2004, AND ENDING JUNE 30, 2005.
On motion of Rep. HAYES, with unanimous consent, it was ordered that H. 5186 (Word version) be read the third time tomorrow.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
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.
H. 4996 (Word version) -- Reps. Bowers and Rhoad: A BILL TO AMEND SECTION 50-16-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE IMPORTATION OF CERTAIN WILDLIFE INTO THIS STATE WITHOUT A PERMIT FROM THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO PROVIDE THAT NO PERSON MAY RELEASE A NONDOMESTIC MEMBER OF THE SUIDAE (PIG) FAMILY INTO THE WILD, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROVIDE THAT THE PERSON IS FINANCIALLY RESPONSIBLE FOR ANY ECONOMIC OR OTHER DAMAGE CAUSED AS A RESULT OF THE RELEASE.
H. 4901 (Word version) -- Reps. Ceips, Rivers, Gilham, Herbkersman and Lloyd: A BILL TO AMEND CHAPTER 3, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 54-3-700, SO AS TO PROVIDE THAT THE STATE PORTS AUTHORITY IS NOT REQUIRED TO OPERATE A MARINE TERMINAL AT PORT ROYAL, AND TO PROVIDE FOR THE CESSATION OF TERMINAL OPERATIONS, THE SALE OF PROPERTY AT FAIR MARKET VALUE, AND FOR THE DISPOSITION OF THE PROCEEDS FROM THE SALE OF THE PROPERTY.
H. 5086 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 4-29-67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF PROPERTY TAX, SO AS TO DELETE THE NET PERCENT VALUE METHOD OF CALCULATING ANNUAL FEE PAYMENTS; TO AMEND SECTION 6-1-320, AS AMENDED, RELATING TO THE LIMITS ON ANNUAL INCREASES IN LOCAL GOVERNMENT AND SCHOOL DISTRICT PROPERTY TAX MILLAGE, SO AS TO CLARIFY THE METHOD OF CALCULATING THE ALLOWED CONSUMER PRICE INDEX INCREASE IN THE MILLAGE RATE; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA INDIVIDUAL TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO DELETE AN OBSOLETE DEDUCTION RELATING TO MEDICAL INSURANCE PREMIUMS; TO AMEND SECTION 12-6-2320, RELATING TO ALLOCATION AND APPORTIONMENT FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO PROVIDE FOR THE ALLOCATION OF DIVIDENDS; TO AMEND SECTION 12-6-3365, AS AMENDED, RELATING TO THE CORPORATE INCOME TAX MORATORIUM FOR JOB CREATION, SO AS TO CLARIFY THE APPLICATION OF THE MORATORIUM TO INSURANCE PREMIUM TAXES; TO AMEND SECTION 12-6-3480, RELATING TO TAX CREDITS, SO AS TO FURTHER PROVIDE THE MANNER IN WHICH CREDITS ARE ALLOWED AND MAY BE CLAIMED; TO AMEND SECTION 12-6-4910, AS AMENDED, RELATING TO THOSE REQUIRED TO FILE INCOME TAX RETURNS, SO AS TO PROVIDE FOR THOSE NONRESIDENTS REQUIRED TO FILE IN THIS STATE; TO AMEND SECTIONS 12-6-5020, AS AMENDED, AND 12-6-5030, RELATING TO THE FILING OF CONSOLIDATED CORPORATE INCOME TAX RETURNS AND COMPOSITE INDIVIDUAL INCOME TAX RETURNS, SO AS TO REQUIRE THE DETERMINATION OF CREDITS ON A CONSOLIDATED BASIS AND FURTHER PROVIDE FOR COMPOSITE RETURNS; TO AMEND SECTIONS 12-8-520 AND 12-8-1520, RELATING TO STATE INCOME TAX WITHHOLDING, SO AS TO PROVIDE FOR THE WITHHOLDING OF PARTNERSHIP AND SUBCHAPTER "S" CORPORATION INCOME OF NONRESIDENTS AND ADDITIONAL REQUIREMENTS FOR WITHHOLDING AGENTS; TO AMEND SECTION 12-10-105, RELATING TO ANNUAL FEES FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, SO AS TO EXTEND THESE FEES TO JOB RETRAINING CREDITS IN EXCESS OF TEN THOUSAND DOLLARS AND PROVIDE FOR THE COLLECTION OF THESE FEES; TO AMEND SECTION 12-20-105, AS AMENDED, RELATING TO TAX CREDITS FOR PURPOSES OF THE CORPORATE LICENSE TAX, SO AS TO CLARIFY THE APPLICATION OF THESE CREDITS; TO AMEND SECTIONS 12-21-1090 AND 12-21-6550, RELATING TO LICENSE TAXES, SO AS TO PROVIDE FOR THE PERMISSIVE PROMULGATION OF REGULATIONS AND FURTHER PROVIDE FOR THE APPLICATIONS REQUIRED PURSUANT TO THE TOURISM INFRASTRUCTURE ADMISSIONS TAX ACT; TO AMEND SECTION 12-28-740, RELATING TO EXEMPTIONS FROM THE MOTOR FUELS USER FEE, SO AS TO DELETE A REFERENCE TO A CREDIT, BY ADDING SECTION 12-28-1400, SO AS TO REQUIRE SUCH REPORTING AS THE DEPARTMENT OF REVENUE MAY REQUIRE BY REGULATION FOR PURPOSES OF THE USER FEE ON MOTOR FUELS AND PROVIDE AN ADDITIONAL CIVIL PENALTY FOR VIOLATORS; TO AMEND SECTION 12-28-1730, AS AMENDED, RELATING TO PENALTIES FOR PURPOSES OF THE MOTOR FUELS TAX, SO AS TO DELETE A CIVIL PENALTY; TO AMEND SECTION 12-36-530, RELATING TO THE REQUIREMENT FOR THE RETURN OF A RETAIL LICENSE WHEN A BUSINESS CLOSES OR IS SOLD, SO AS TO ELIMINATE THE REQUIREMENT THAT THE TAX IS DUE AT THE TIME OF SALE AND CONSTITUTES A LIEN ON THE PROPERTY IN THE HANDS OF THE PURCHASER; TO AMEND SECTIONS 12-36-1310 AND 12-36-2120, BOTH AS AMENDED, AND SECTION 12-36-2510, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO FURTHER PROVIDE FOR THE APPLICATION OF SALES TAX TO TELECOMMUNICATIONS SERVICES, AND PROVIDE FURTHER FOR THE ISSUE OF CERTIFICATES BY THE DEPARTMENT OF REVENUE FOR DIRECT PAY AND EXEMPTIONS AND PROVIDE FOR MORE EFFICIENT ADMINISTRATION OF SALES TAXES AND SALES TAX EXEMPTIONS; TO REPEAL SECTION 12-37-240, RELATING TO PAYMENTS IN LIEU OF TAXES BY EXEMPT NONPROFIT HOUSING CORPORATIONS; TO REPEAL SECTION 12-37-290, RELATING TO AN OBSOLETE HOMESTEAD EXEMPTION PROVISION; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO DELETE OBSOLETE REFERENCES IN EXISTING EXEMPTIONS; TO AMEND SECTION 12-37-230, RELATING TO SERVICE CONTRACTS WITH NONPROFIT HOUSING CORPORATIONS, SO AS TO ALLOW TAXING ENTITIES TO CHARGE REASONABLE FEES FOR SERVICES NOT TO EXCEED TAXES THAT WOULD OTHERWISE BE DUE ON THE PROPERTY, TO AMEND SECTIONS 12-44-30, 12-44-50, 12-44-55, 12-44-60, AND 12-44-140, ALL AS AMENDED, RELATING TO THE "FEE IN LIEU OF TAX SIMPLIFICATION ACT OF 1997", SO AS TO ELIMINATE THE NET PERCENT VALUE METHOD OF CALCULATING THE ANNUAL FEE PAYMENT, BY ADDING SECTION 12-44-180, SO AS TO PROVIDE THOSE REQUIREMENTS FOR ELIMINATION OF THE NET PERCENT VALUE METHOD IN AN EXISTING FEE AGREEMENT; TO AMEND SECTIONS 12-54-25, AS AMENDED, 12-54-42, AND 12-54-43, AS AMENDED, RELATING TO THE UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF STATE LEVIED TAXES, SO AS TO CLARIFY WHEN INTEREST IS NOT DUE ON OVERPAYMENTS, TO CLARIFY THE APPLICATION OF PENALTIES FOR FAILING TO PROVIDE WITHHOLDING STATEMENTS, TO CLARIFY AND REVISE THE APPLICATION OF CIVIL PENALTIES FOR FILING GROUNDLESS RETURNS OR FOR MISUSE OF A SALES TAX CERTIFICATE; BY ADDING SECTION 12-54-123 SO AS TO PROTECT FROM LIABILITY A PERSON WHO SURRENDERS THE PROPERTY OF ANOTHER LEVIED ON BY THE DEPARTMENT OF REVENUE; TO AMEND SECTIONS 12-54-90, 12-54-210, AND 12-54-240, AS AMENDED, RELATING TO THE COLLECTION AND ENFORCEMENT OF STATE TAXES, SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO REFUSE TO ISSUE A LICENSE TO A TAXPAYER IN VIOLATION AND TO DELETE NOTICE REQUIREMENTS AND TO INCREASE THE PENALTY FOR FAILURE TO KEEP RECORDS, FILE RETURNS, AND COMPLY WITH REGULATIONS, UPDATE REFERENCES RELATING TO THE CONFIDENTIALITY OF RETURNS, AND DELETE AN EXEMPTION TO THE CONFIDENTIALITY REQUIREMENTS FOR RECORDS SUBPOENAED BY A FEDERAL GRAND JURY; TO AMEND SECTION 12-58-185, AS AMENDED, RELATING TO THE TAXPAYERS' BILL OF RIGHTS, SO AS TO CLARIFY AND EXTEND THE APPLICATION OF HARDSHIP EXTENSIONS TO PAY; TO AMEND SECTIONS 12-60-420 AND 12-60-490, BOTH AS AMENDED, RELATING TO THE REVENUES PROCEDURE ACT, SO AS TO PROVIDE THAT THE APPLICATION OF A DIVISION DECISION OR A DETERMINATION OF DEFICIENCY APPLIES TO LOCAL TAXES ADMINISTERED BY THE DEPARTMENT OF REVENUE AND REQUIRE SUCH NOTICE TO PROVIDE THAT FAILURE TO FILE A PROTEST WILL RESULT IN A DECISION BECOMING FINAL AND TO PROVIDE FURTHER FOR SETOFFS AGAINST TAX REFUNDS; TO AMEND SECTION 61-4-720, AS AMENDED, RELATING TO THE REGULATION OF WINE, SO AS TO REPLACE THE LIMITATION TO DOMESTIC WINE WITH WINE PRODUCED ON THE PREMISES FOR WINE SALES AND TASTINGS AT LICENSED WINERIES IN THIS STATE; BY ADDING SECTION 61-4-725 SO AS TO ALLOW A LICENSED WINERY TO SELL, DELIVER, PERMIT ON-PREMISES CONSUMPTION ON SUNDAYS IN JURISDICTIONS WHERE MINIBOTTLE SALES ARE ALLOWED ON SUNDAYS; TO AMEND SECTIONS 61-4-730 AND 61-4-747, RELATING TO REGULATION OF WINE, SO AS TO REPLACE THE REQUIREMENT THAT PERMITTED WINERIES SELL ONLY DOMESTIC WINE WITH WINE PRODUCED IN THIS STATE IN ORDER TO SELL AND DELIVER WINE IN THIS STATE AND TO REQUIRE OUT-OF-STATE WINE SHIPPERS TO PAY SALES AND EXCISE TAXES ON WINE SHIPPED TO RESIDENTS OF THIS STATE BY JANUARY TWENTIETH OF EACH YEAR FOR THE PRECEDING YEAR.
H. 4747 (Word version) -- Reps. Simrill, Delleney, Kirsh, McCraw, Moody-Lawrence, Richardson, Emory and J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-1-85 SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO IMPOSE LICENSURE, PERMIT, AND RENEWAL FEES ON APPLICANTS IN PROGRAMS THE DEPARTMENT REGULATES, TO AUTHORIZE THE DEPARTMENT TO IMPOSE MONETARY PENALTIES FOR VIOLATIONS PERTAINING TO THESE PROGRAMS, TO PROVIDE THAT THE DEPARTMENT SHALL PROVIDE FOR THE USE OF FEES AND PENALTIES COLLECTED, AND TO REQUIRE THE DEPARTMENT TO PROMULGATE REGULATIONS TO CARRY OUT THESE PROVISIONS.
H. 4038 (Word version) -- Rep. Toole: A BILL TO AMEND SECTION 56-1-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY PLACE A MAGNETIC STRIP ON A DRIVER'S LICENSE WHICH CONTAINS THE NAME AND TELEPHONE NUMBER OF A PERSON WHO MAY BE CONTACTED IF THE HOLDER OF THE LICENSE IS INVOLVED IN AN EMERGENCY SITUATION AND ANY OTHER INFORMATION THE DEPARTMENT DETERMINES TO BE APPROPRIATE.
H. 4721 (Word version) -- Reps. Edge and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-45 SO AS TO PROVIDE FOR PUNITIVE DAMAGES WHEN A PERSON, WITH INTENT TO AVOID PAYMENT FOR A SERVICE RENDERED, KNOWINGLY SECURES PERFORMANCE OF THE SERVICE BY DECEPTION, THREAT, OR FALSE TOKEN OR BY AGREEING TO PROVIDE COMPENSATION AND FAILING TO MAKE PAYMENT AFTER RECEIVING A DEMAND FOR PAYMENT, TO PROVIDE FOR THE ELEMENTS OF THEFT OF SERVICE, TO DEFINE "SERVICES", AND TO PROVIDE FOR A DEFENSE.
H. 5178 (Word version) -- Reps. McLeod, Huggins and Koon: A BILL TO PROVIDE THAT THE INTERCHANGE OF INTERSTATE HIGHWAY 26 WITH HIGHWAY S-32-48 (COLUMBIA AVENUE) IN LEXINGTON COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.
H. 4838 (Word version) -- Reps. Hamilton, Bailey, Cooper, Duncan, Edge, Huggins, Limehouse, E. H. Pitts, Scott, Snow, Walker, M. Hines, Hinson, Martin, Parks, Clemmons and Barfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 46 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR THE ISSUANCE OF "HOMEOWNERSHIP: THE AMERICAN DREAM" SPECIAL LICENSE PLATES.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 1075 (Word version) -- Senators Short, Hayes, Hutto, Leventis, Peeler, Martin, Moore, Giese, Verdin, Fair, Reese, Setzler, O'Dell, Malloy, Knotts and Cromer: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 32 SO AS TO ENACT THE "SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT" INCLUDING PROVISIONS TO PROVIDE PROPERTY TAX CREDITS OR INCOME AND OTHER TAX CREDITS FOR REHABILITATION EXPENSES MADE TO ELIGIBLE SITES WHICH HAVE BEEN USED AS A TEXTILE MANUFACTURING FACILITY OR FOR ANCILLARY PURPOSES.
Rep. HARRISON moved to adjourn debate upon the following Bill, which was adopted:
H. 3881 (Word version) -- Reps. G. M. Smith, Allen, Coleman, Delleney, Lucas, Rivers, Sheheen, F. N. Smith, J. E. Smith, Talley and Weeks: A BILL TO AMEND SECTION 15-78-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO INCLUDE MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD, MEMBERS OF THE SOUTH CAROLINA STATE GUARD, PERSONS ACTING ON BEHALF OR IN SERVICE OF A GOVERNMENTAL UNIT WITHOUT PAY OR COMPENSATION, COURT-APPOINTED ATTORNEYS, AND PUBLIC DEFENDERS IN THE DEFINITION OF "EMPLOYEE".
Rep. OTT moved to adjourn debate upon the following Bill until Tuesday, May 4, which was adopted:
S. 496 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 47-5-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES INOCULATIONS, CERTIFICATES, TAGS, AND FEES, SO AS TO INCREASE THE FEE FROM THREE DOLLARS TO FIVE DOLLARS FOR A RABIES INOCULATION AT A RABIES CLINIC PROMOTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND LICENSED VETERINARIANS.
The following Bill was taken up:
H. 4565 (Word version) -- Reps. Herbkersman, Bailey and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5, CHAPTER 23, TITLE 59 SO AS TO ENACT THE PUBLIC-PRIVATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT OF 2004; TO DEFINE CERTAIN TERMS; TO PROVIDE FOR THE PREREQUISITES FOR THE OPERATION OF A QUALIFYING PROJECT; TO PROVIDE THE INFORMATION THAT MUST ACCOMPANY A REQUEST FOR APPROVAL OF A QUALIFYING PROJECT BY THE RESPONSIBLE PUBLIC ENTITY; TO PROVIDE FOR THE APPROVAL PROCESS AND WHEN A RESPONSIBLE PUBLIC ENTITY MAY GRANT APPROVAL OF THE ACQUISITION; TO PROVIDE THAT A PUBLIC ENTITY MAY ENTER INTO SERVICE CONTRACTS; TO PROVIDE THAT A PRIVATE ENTITY REQUESTING APPROVAL FROM A RESPONSIBLE PUBLIC ENTITY SHALL NOTIFY EACH AFFECTED LOCAL JURISDICTION, WHICH MAY SUBMIT COMMENTS FOR THE RESPONSIBLE PUBLIC ENTITY'S CONSIDERATION; TO PROVIDE FOR WHEN A PUBLIC ENTITY MAY DEDICATE A PROPERTY INTEREST FOR PUBLIC USE IN A QUALIFYING PROJECT; TO PROVIDE THE POWERS AND DUTIES OF THE OPERATOR OF THE QUALIFYING PROJECT; TO PROVIDE FOR THE SPECIFICATIONS OF THE COMPREHENSIVE AGREEMENT BETWEEN THE OPERATOR AND THE RESPONSIBLE PUBLIC ENTITY; TO PROVIDE THAT THE RESPONSIBLE PUBLIC ENTITY MAY OBTAIN FEDERAL, STATE, OR LOCAL ASSISTANCE FOR A QUALIFYING PROJECT THAT SERVES THE PUBLIC PURPOSE; TO PROVIDE FOR REMEDIES IN THE EVENT OF A MATERIAL DEFAULT BY THE OPERATOR; TO PROVIDE WHEN THE RESPONSIBLE PUBLIC ENTITY MAY EXERCISE THE POWER OF CONDEMNATION; TO PROVIDE FOR WHEN THE QUALIFYING PROJECT CROSSES A UTILITY; TO PROVIDE THAT POLICE OFFICERS HAVE POWERS AND JURISDICTION WITHIN THE LIMITS OF THE QUALIFYING PROJECT; TO PROVIDE THAT THIS ARTICLE IS NOT A WAIVER OF SOVEREIGN IMMUNITY; TO PROVIDE THAT THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE AND GUIDELINES DEVELOPED PURSUANT TO IT AND OTHER BUILDING CODES DO NOT APPLY WHEN THE STATE IS THE RESPONSIBLE PUBLIC ENTITY; AND TO PROVIDE THE PROCEDURES ACCORDING TO WHICH A RESPONSIBLE PUBLIC ENTITY MAY ENTER INTO A COMPREHENSIVE AGREEMENT.
Reps. SCOTT and HERBKERSMAN proposed the following Amendment No. 3 (Doc Name COUNCIL\BBM\10270SJ04):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION at the end to read:
/ SECTION __. Section 12-37-220(B) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) Pursuant to Article 5, Chapter 23, Title 59, a qualifying project that is owned by a private entity and leased back to a responsible public entity is tax exempt if the qualifying project would be tax exempt if owned by a responsible public entity. /
Renumber sections to conform.
Amend title to conform.
Rep. SCOTT explained the amendment.
Reps. HAMILTON, LOFTIS, HASKINS, TRIPP, VAUGHN and LEACH requested debate on the Bill.
Rep. HARRISON moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to:
H. 3881 (Word version) -- Reps. G. M. Smith, Allen, Coleman, Delleney, Lucas, Rivers, Sheheen, F. N. Smith, J. E. Smith, Talley and Weeks: A BILL TO AMEND SECTION 15-78-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO INCLUDE MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD, MEMBERS OF THE SOUTH CAROLINA STATE GUARD, PERSONS ACTING ON BEHALF OR IN SERVICE OF A GOVERNMENTAL UNIT WITHOUT PAY OR COMPENSATION, COURT-APPOINTED ATTORNEYS, AND PUBLIC DEFENDERS IN THE DEFINITION OF "EMPLOYEE".
Rep. Delleney proposed the following Amendment No. 2 (Doc Name COUNCIL\MS\7275AHB04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 15-78-30(c) of the 1976 Code, as last amended by Act 271 of 1996, is further amended to read:
"(c) Prior to Before January 1, 1989, 'employee' means any officer, employee, or agent of the State or its political subdivisions, including elected or appointed officials, law enforcement officers, and persons acting on behalf or in service of a governmental entity in the scope of official duty, whether with or without compensation, but the term does not include an independent contractor doing business with the State or any political subdivision thereof. Custody of prisoners by the State or any of its political subdivisions does not in and of itself create an employer and employee relationship between the State and the prisoner. Provided, the provisions of this section shall in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession.
On or after January 1, 1989, 'employee' means any officer, employee, or agent of the State or its political subdivisions, including elected or appointed officials, law enforcement officers, members of the South Carolina National Guard and the South Carolina State Guard, and persons acting on behalf or in service of a governmental entity in the scope of official duty, with or without compensation including, but not limited to, court-appointed attorneys, public defenders, and technical experts whether with or without compensation, but the. The term does not include an independent contractor doing business with the State or any political subdivision thereof. Custody of prisoners by the State or any of its political subdivisions does not in and of itself create an employer and employee relationship between the State and the prisoner. Provided, the provisions of this section shall in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession, with respect to any action or claim brought hereunder which involved services for which the physician or dentist was paid, should have been paid, or expected to be paid at the time of the rendering of the services from any source other than the salary appropriated by the governmental entity or fees received from any practice plan authorized by the employer whether or not the practice plan is incorporated and registered with the Secretary of State. For the purposes of this chapter, court-appointed attorneys are considered employees of the judicial department and public defenders are considered employees of the appropriate Public Defender Corporation."
SECTION 2. Section 15-78-30(e) of the 1976 Code, as last amended by Act 271 of 1996, is further amended to read:
"(e) 'State' means the State of South Carolina and any of its offices, agencies, authorities, departments, commissions, boards, divisions, instrumentalities, including the South Carolina Protection and Advocacy System for the Handicapped, Inc., Public Defender Corporations, and institutions, including state-supported governmental health care facilities, schools, colleges, universities, and technical colleges."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. DELLENEY explained the amendment.
The amendment was then adopted.
Reps. WHITE and COOPER proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\12483AC04), which was adopted:
Amend the bill, as and if amended, Section 15-78-30(c) page 2, line 11 by deleting /thereof/ and inserting /thereof of the State; however, the term does include an independent contractor operating a veteran's nursing home under the jurisdiction of the Department of Mental Health or any other agency or department of state government./
Renumber sections to conform.
Amend title to conform.
Rep. COOPER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. MCGEE, with unanimous consent, it was ordered that H. 3881 (Word version) be read the third time tomorrow.
Upon the withdrawal of requests for debate by Reps. VAUGHN, HASKINS, LEACH and HAMILTON, the following Bill was taken up:
H. 4565 (Word version) -- Reps. Herbkersman, Bailey and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5, CHAPTER 23, TITLE 59 SO AS TO ENACT THE PUBLIC-PRIVATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT OF 2004; TO DEFINE CERTAIN TERMS; TO PROVIDE FOR THE PREREQUISITES FOR THE OPERATION OF A QUALIFYING PROJECT; TO PROVIDE THE INFORMATION THAT MUST ACCOMPANY A REQUEST FOR APPROVAL OF A QUALIFYING PROJECT BY THE RESPONSIBLE PUBLIC ENTITY; TO PROVIDE FOR THE APPROVAL PROCESS AND WHEN A RESPONSIBLE PUBLIC ENTITY MAY GRANT APPROVAL OF THE ACQUISITION; TO PROVIDE THAT A PUBLIC ENTITY MAY ENTER INTO SERVICE CONTRACTS; TO PROVIDE THAT A PRIVATE ENTITY REQUESTING APPROVAL FROM A RESPONSIBLE PUBLIC ENTITY SHALL NOTIFY EACH AFFECTED LOCAL JURISDICTION, WHICH MAY SUBMIT COMMENTS FOR THE RESPONSIBLE PUBLIC ENTITY'S CONSIDERATION; TO PROVIDE FOR WHEN A PUBLIC ENTITY MAY DEDICATE A PROPERTY INTEREST FOR PUBLIC USE IN A QUALIFYING PROJECT; TO PROVIDE THE POWERS AND DUTIES OF THE OPERATOR OF THE QUALIFYING PROJECT; TO PROVIDE FOR THE SPECIFICATIONS OF THE COMPREHENSIVE AGREEMENT BETWEEN THE OPERATOR AND THE RESPONSIBLE PUBLIC ENTITY; TO PROVIDE THAT THE RESPONSIBLE PUBLIC ENTITY MAY OBTAIN FEDERAL, STATE, OR LOCAL ASSISTANCE FOR A QUALIFYING PROJECT THAT SERVES THE PUBLIC PURPOSE; TO PROVIDE FOR REMEDIES IN THE EVENT OF A MATERIAL DEFAULT BY THE OPERATOR; TO PROVIDE WHEN THE RESPONSIBLE PUBLIC ENTITY MAY EXERCISE THE POWER OF CONDEMNATION; TO PROVIDE FOR WHEN THE QUALIFYING PROJECT CROSSES A UTILITY; TO PROVIDE THAT POLICE OFFICERS HAVE POWERS AND JURISDICTION WITHIN THE LIMITS OF THE QUALIFYING PROJECT; TO PROVIDE THAT THIS ARTICLE IS NOT A WAIVER OF SOVEREIGN IMMUNITY; TO PROVIDE THAT THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE AND GUIDELINES DEVELOPED PURSUANT TO IT AND OTHER BUILDING CODES DO NOT APPLY WHEN THE STATE IS THE RESPONSIBLE PUBLIC ENTITY; AND TO PROVIDE THE PROCEDURES ACCORDING TO WHICH A RESPONSIBLE PUBLIC ENTITY MAY ENTER INTO A COMPREHENSIVE AGREEMENT.
Reps. SCOTT and HERBKERSMAN proposed the following Amendment No. 3 (Doc Name COUNCIL\BBM\10270SJ04), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION at the end to read:
/ SECTION __. Section 12-37-220(B) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) Pursuant to Article 5, Chapter 23, Title 59, a qualifying project that is owned by a private entity and leased back to a responsible public entity is tax exempt if the qualifying project would be tax exempt if owned by a responsible public entity. /
Renumber sections to conform.
Amend title to conform.
Rep. TRIPP moved to table the amendment, which was agreed to.
The Bill was read the second time and ordered to third reading.
On motion of Rep. HERBKERSMAN, with unanimous consent, it was ordered that H. 4565 (Word version) be read the third time tomorrow.
The Senate amendments to the following Bill were taken up for consideration:
H. 4591 (Word version) -- Rep. Bailey: A BILL TO AMEND SECTION 50-11-565, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CROSSBOWS WHILE HUNTING BY DISABLED PERSONS, SO AS TO PERMIT THE STATEMENT OF DISABILITY TO BE CERTIFIED BY A RHEUMATOLOGIST AS WELL AS A NEUROLOGIST OR ORTHOPEDIST.
Rep. WITHERSPOON moved to adjourn debate upon the Senate Amendments until Tuesday, May 4, which was agreed to.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 4934 (Word version) -- Reps. Witherspoon, Clemmons, Loftis, Edge, Rhoad, Viers, Barfield, Lee, Snow, Duncan, Koon, Frye, Altman, Battle, R. Brown, Chellis, Coates, Davenport, Freeman, Hamilton, Harvin, Haskins, Hosey, Leach, McCraw, Miller, Phillips, Quinn, Sinclair, F. N. Smith, G. R. Smith, J. R. Smith, Stewart, Stille, Townsend, Tripp, Vaughn and Young: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 38 SO AS TO ENACT THE "SOUTH CAROLINA ISOLATED WETLANDS ACT OF 2004" WHICH ESTABLISHES A PROGRAM TO REGULATE ISOLATED WETLANDS AND ACTIVITIES IN AND AROUND ISOLATED WETLANDS INCLUDING A REQUIREMENT FOR MITIGATION TO COMPENSATE FOR ISOLATED WETLAND DISTURBANCES, BY ADDING SECTION 12-6-1125 SO AS TO PROVIDE THAT GROSS INCOME SHALL NOT INCLUDE AN AMOUNT RECEIVED BY THE OWNER OF ISOLATED WETLANDS FOR ALLOWING A PERSON TO USE THE ISOLATED WETLANDS IN A COMPATIBLE USE; BY ADDING SECTION 12-6-3525 SO AS TO PERMIT A TAXPAYER TO ELECT TO CLAIM AN INCOME TAX CREDIT IN AN AMOUNT EQUAL TO TWENTY-FIVE PERCENT OF THE TOTAL AMOUNT OF THE FEDERAL DEDUCTION ATTRIBUTABLE TO THE DONATION OF THE ISOLATED WETLANDS LOCATED IN THIS STATE; BY ADDING SECTION 12-37-945 SO AS TO PROVIDE THAT PROPERTY THAT IS MAPPED OR DELINEATED AS ISOLATED WETLANDS MUST BE CONSIDERED UNDEVELOPED PROPERTY FOR AD VALOREM TAX PURPOSES UNTIL SUCH TIME AS THE LANDOWNER OBTAINS A PERMIT THAT ALLOWS THE PROPERTY TO BE DEVELOPED; TO ADD SECTION 48-1-95 SO AS TO PROVIDE THAT ANY NATIONWIDE PERMIT APPLICATION SUBMITTED TO THE DEPARTMENT FOR CONSIDERATION SHALL BE PRESUMED TO COMPLY WITH THE APPLICABLE WATER QUALITY CRITERIA AND COASTAL ZONE MANAGEMENT CRITERIA OF THE STATE WITHOUT ANY FURTHER TERMS OR CONDITIONS IMPOSED BY THE DEPARTMENT AND TO DEFINE "NATIONWIDE PERMIT" FOR THAT PURPOSE; AND TO AMEND SECTION 48-39-210, AS AMENDED, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL BEING THE ONLY STATE AGENCY AUTHORIZED TO PERMIT OR DENY ALTERATIONS OR UTILITIZATIONS WITHIN CRITICAL AREAS, SO AS TO REVISE THE MANNER IN WHICH THESE ALTERATIONS OR UTILIZATIONS ARE PERMITTED AND GRANTED.
H. 5078 (Word version) -- Reps. Sandifer and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-295 SO AS TO PROVIDE THAT NO TELECOMMUNICATIONS SERVICE PROVIDER SHALL ENTER INTO ANY AGREEMENT WHICH RESTRICTS OR LIMITS THE ABILITY OF ANY OTHER TELECOMMUNICATIONS SERVICE PROVIDER FROM OBTAINING EASEMENTS OR RIGHTS-OF-WAY FOR THE INSTALLATION OF FACILITIES OR EQUIPMENT TO PROVIDE TELECOMMUNICATIONS SERVICES IN THIS STATE OR WHICH OFFERS OR GRANTS INCENTIVES OR REWARDS TO AN OWNER OF REAL PROPERTY TO ENCOURAGE THE OWNER TO REFUSE OR RESTRICT ACCESS TO THE REAL PROPERTY BY ANY OTHER TELECOMMUNICATIONS SERVICE PROVIDER, TO PROVIDE EXCEPTIONS, AND TO PROVIDE CIVIL PENALTIES FOR VIOLATIONS.
H. 5080 (Word version) -- Reps. W. D. Smith, Wilkins, Loftis, Harrell, Cato, Chellis, Clemmons, Edge, Frye, Herbkersman, Leach, Owens, Perry, Rice, Richardson, Sandifer, Simrill, F. N. Smith, G. R. Smith, J. R. Smith, Stewart, Talley, Townsend, Tripp, Vaughn, White, Witherspoon and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46, CAROLINA PUBLIC SCHOOL DISTRICT, TO TITLE 59; TO PROVIDE FOR THE CREATION OF A CAROLINA PUBLIC SCHOOL DISTRICT, ITS GOVERNANCE, AND ITS POWERS AND DUTIES; AND TO PROVIDE FOR THE MANNER IN WHICH A CHARTER SCHOOL SPONSORED BY THE CAROLINA PUBLIC SCHOOL DISTRICT MUST BE FORMED, FUNDED, REGULATED, AND GOVERNED.
H. 4440 (Word version) -- Reps. Limehouse, Clemmons, Altman and Bales: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION OF A MOTOR HOME AS REAL PROPERTY FOR PURPOSES OF AD VALOREM TAXES AND THE REQUIREMENTS NECESSARY FOR THAT CLASSIFICATION, SO AS TO INCLUDE BOATS WITHIN THE CLASSIFICATION IF THEY MEET THE SAME REQUIREMENTS, AND TO PROVIDE A CAP ON THE MAXIMUM AD VALOREM TAXATION WHICH MAY BE LEVIED ON SUCH A BOAT FOR ANY YEAR.
The following Concurrent Resolution was taken up:
S. 1160 (Word version) -- Senators Knotts and Setzler: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF UNITED STATES HIGHWAY 1 AND INTERSTATE HIGHWAY 26 IN LEXINGTON COUNTY IN HONOR OF THE MEN AND WOMEN OF THE 4TH INFANTRY DIVISION AND TO ERECT APPROPRIATE SIGNS OR MARKERS AT THIS INTERCHANGE CONTAINING THE WORDS "4TH INFANTRY DIVISION INTERCHANGE".
Whereas, on November 19, 1917, in the year that the United States entered World War I, the 4th Infantry Division of the United States Army was formed at Camp Green, North Carolina, to begin its long tradition of service to our country; and
Whereas, in 1918 the 4th Division's Doughboys embarked aboard a number of ships en route to Europe and served with distinction throughout World War I; and
Whereas, as war clouds again engulfed Europe, the 4th Division was reactivated on June 1, 1940, at Fort Benning, Georgia, and ultimately was chosen as the spearhead amphibious division of the D-Day landing along the Normandy coast of France at Utah beach. The division continued the attack across France and on August 25, 1944, along with the French 2nd Armored Division, were the troops who earned the distinction of liberating Paris from four years of Nazi rule; and
Whereas, the division proceeded from its successful campaign in France and was ultimately involved in the total liberation of the European continent from German control; and
Whereas, during the Cold War, the 4th Division fought the communist in Korea and provided a shield against the communist threat in Western Europe; and
Whereas, from September 25, 1966 through December 7, 1970, the 4th Division successfully battled the communist in the central highlands of Vietnam; and
Whereas, today, the men and women of the 4th Division are leading the United States Army in the twenty-first century by busily developing and testing state-of-the-art digital communications equipment, night fighting gear, and advanced weaponry to prepare the United States Army for wars in this new millennium; and
Whereas, it is fitting and proper for the members of the General Assembly to recognize the bravery and valor of the men and women who have served and are serving in the 4th Division by naming a highway interchange in their honor. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly, by this resolution, request that the Department of Transportation name the interchange located at the intersection of United States Highway 1 and Interstate Highway 26 in Lexington County in honor of the men and women of the 4th Infantry Division and to erect appropriate signs or markers at this interchange containing the words "4th Infantry Division Interchange".
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.
The motion period was dispensed with on motion of Rep. WITHERSPOON.
Rep. E. H. PITTS moved to adjourn debate upon the following Bill until Tuesday, May 4, which was adopted:
H. 5111 (Word version) -- Reps. Witherspoon, Frye, McLeod, Coleman, Bailey, Martin, 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.
Rep. HARRELL moved to adjourn debate upon the following Bill until Tuesday, May 4, which was adopted:
H. 5027 (Word version) -- Reps. Harrell, W. D. Smith, Merrill, Clemmons, Cooper, Altman, Barfield, Cato, Ceips, Chellis, Edge, Gilham, Hayes, Herbkersman, Keegan, Limehouse, Miller, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "UNIFORM AND FAIR GOLF COURSE VALUATION ACT OF 2004" BY ADDING SECTION 12-43-365 SO AS TO PROVIDE FOR THE MANNER IN WHICH THE FAIR MARKET VALUE OF GOLF COURSE REAL PROPERTY IS DETERMINED FOR AD VALOREM TAX PURPOSES AND THE PROCEDURES WHICH APPLY WITH RESPECT TO THIS DETERMINATION.
The following Bill was taken up:
H. 4127 (Word version) -- Reps. Wilkins, Harrell, Quinn, Harrison, W. D. Smith, Cotty, Cato, Young, G. R. Smith, Tripp, Bailey, Leach, Koon, Altman, Bingham, Ceips, Chellis, Clark, Davenport, Delleney, Duncan, Edge, Frye, Gilham, Hagood, Hamilton, Haskins, Herbkersman, Hinson, Keegan, Limehouse, Mahaffey, McGee, Merrill, Rice, Sandifer, Scarborough, Skelton, D. C. Smith, G. M. Smith, J. R. Smith and Toole: A BILL TO ENACT THE "SOUTH CAROLINA RESTRUCTURING ACT OF 2003" INCLUDING PROVISIONS TO AMEND SECTION 1-30-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCIES OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT BY ADDING THE DEPARTMENT OF ADMINISTRATION; BY ADDING SECTION 1-30-125 SO AS TO ESTABLISH THE DEPARTMENT OF ADMINISTRATION AS AN AGENCY OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE, AND TO TRANSFER TO THIS NEWLY CREATED DEPARTMENT CERTAIN OFFICES AND DIVISIONS OF THE STATE BUDGET AND CONTROL BOARD, OFFICE OF THE GOVERNOR, AND OTHER AGENCIES, AND TO PROVIDE FOR TRANSITIONAL AND OTHER PROVISIONS NECESSARY TO ACCOMPLISH THE ABOVE; BY ADDING ARTICLE 6 TO CHAPTER 3 OF TITLE 1 SO AS TO ESTABLISH THE DIVISION OF THE STATE CHIEF INFORMATION OFFICER TO BE HEADED BY THE STATE CHIEF INFORMATION OFFICER WHO IS APPOINTED BY THE BUDGET AND CONTROL BOARD UPON RECOMMENDATION OF THE GOVERNOR AND TO PROVIDE FOR THE POWERS, DUTIES, AND FUNCTIONS OF THE DEPARTMENT; TO CREATE A JOINT INFORMATION FINANCE COMMITTEE AND THE INFORMATION TECHNOLOGY ARCHITECTURE REVIEW PANEL AND TO PROVIDE FOR THE FUNCTIONS, POWERS, AND RESPONSIBILITIES OF THE COMMITTEE AND PANEL, AND TO AMEND SECTION 11-35-1580, AS AMENDED, RELATING TO INFORMATION TECHNOLOGY PROCUREMENTS, SO AS TO DELETE CERTAIN RESPONSIBILITIES OF THE INFORMATION TECHNOLOGY MANAGEMENT OFFICE; AND BY ADDING CHAPTER 8 TO TITLE 1 SO AS TO CREATE THE OFFICE OF STATE INSPECTOR GENERAL AS A SEPARATE DIVISION WITHIN THE BUDGET AND CONTROL BOARD, TO PROVIDE THAT THE STATE INSPECTOR GENERAL MUST BE NOMINATED BY THE GOVERNOR AND ELECTED UNANIMOUSLY BY THE BUDGET AND CONTROL BOARD FOR A TERM COTERMINOUS WITH THAT OF THE GOVERNOR, TO PROVIDE FOR THE PURPOSE, DUTIES, RESPONSIBILITIES, AND AUTHORITY OF THE STATE INSPECTOR GENERAL, TO PROVIDE A DEFINITION OF "EXECUTIVE AGENCIES" FOR PURPOSES OF THIS CHAPTER, AND TO PROVIDE FOR THE RECEIPT AND INVESTIGATION OF COMPLAINTS RELATING TO IMPROPER OR UNLAWFUL ACTIVITY WITHIN EXECUTIVE AGENCIES OF THE STATE GOVERNMENT.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12459MM04.doc), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting clause and inserting:
SECTION 1. This act is known and may be cited as the "South Carolina Restructuring Act of 2004".
SECTION 2. Section 1-30-10(A) of the 1976 Code, as amended by Act 83 of 1995, is further amended by adding at the end:
"20. Department of Administration"
SECTION 3. Chapter 30, Title 1 of the 1976 Code is amended by adding:
"Section 1-30-125. Effective July 1, 2004, the following offices, divisions, or components of the State Budget and Control Board, Office of the Governor, or other agencies are transferred to, and incorporated into, the Department of Administration, a department of the executive branch of state government headed by a director appointed by the Governor as provided in Section 1-30-10(B)(1)(i):
(1) Division of General Services Programs of Facilities Management, Business Operations, and Fleet Management;
(2) Office of Executive Policy and Programs;
(3) Office of Economic Opportunity;
(4) Intergovernmental and Community Relations;
(5) Developmental Disabilities Council;
(6) Office of Volunteer Services;
(7) Continuum of Care as established by Section 20-7-5610;
(8) Children's Foster Care as established by Section 20-7-2379;
(9) Veterans Affairs as established by Section 25-11-10;
(10) Commission on Women as established by Section 1-15-10;
(11) Victims Assistance as established by Article 13, Chapter 3, Title 16;
(12) Ombudsman as established by Section 16-3-1620; and
(13) Small and Minority Business as established by Section 11-35-5270."
SECTION 4. (A) Where the provisions of this act transfer offices, or portions of offices, of the Budget and Control Board, Office of the Governor, or other agencies to the new Department of Administration, the employees, authorized appropriations, and assets and liabilities of the transferred offices are also transferred to and become part of the Department of Administration. All classified or unclassified personnel employed by these offices on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Administration, with the same compensation, classification, and grade level, as applicable. The Budget and Control Board shall cause all necessary actions to be taken to accomplish this transfer in accordance with state laws and regulations.
(B) Regulations promulgated by these transferred offices as they formerly existed under the Budget and Control Board, Office of the Governor, or other agencies are continued and are considered to be promulgated by these offices under the newly created Department of Administration.
(C) The Code Commissioner is directed to change or correct all references to these offices of the Budget and Control Board in the 1976 Code, Office of the Governor, or other agencies to reflect the transfer of them to the Department of Administration. References to the names of these offices in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate references. This authority shall not be construed to remove any authority from the Budget and Control Board for approval of statewide policies, procedures, regulations, rates and fees, or specific actions requiring board approval.
SECTION 5. Chapter 3, Title 1 of the 1976 Code is amended by adding:
Section 1-3-300. It is the intent of the General Assembly to create an instrumentality that provides leadership and direction for the use of information technology within government in South Carolina. The General Assembly recognizes the critical role information technology plays in providing cost-effective and efficient services to the citizens of this State. The General Assembly envisions an enterprise information system that provides an easily accessible, reliable, and accurate information infrastructure to enhance the quality and delivery of services.
Section 1-3-305. As used in this article:
(1) 'Board' means the Budget and Control Board.
(2) 'Committee' means the Joint Information Technology Review Committee.
(3) 'Division' means the Division of the Office of the State Chief Information Officer.
(4) 'Governmental body' means a state government department, commission, council, board, bureau, committee, institution, agency, government corporation, or other establishment or official of the executive branch. Governmental body excludes the General Assembly or its respective branches or its committees, the Judicial Branch, Legislative Council, the Office of Legislative Printing and Information Technology Resources, the South Carolina Department of Transportation, colleges, universities, technical schools, and all local political subdivisions such as counties, municipalities, school districts, or public service or special purpose districts.
(5) 'Information technology' means electronic data processing goods and services, telecommunications goods and services, information security goods and services, information management, microprocessors, software, information processing, office systems, any services related to the foregoing, and consulting or other services for design or redesign of information technology supporting business processes.
(6) 'Information technology initiative' means an information technology project proposed by a governmental body or governmental bodies that exceeds a total estimated cost established by the board.
(7) 'Information technology plan' means a document prepared by a governmental body that includes, but is not limited to, the following:
(a) a statement of the governmental body's mission, goals, and objectives for information technology;
(b) an explanation of how the governmental body's mission, goals, objectives for information technology support and conform to the statewide strategic plan for information technology and statewide strategic information technology directions, standards, and enterprise architecture;
(c) a profile of the governmental body's current information technology resources and capabilities, including budget data;
(d) a description of information technology initiatives underway or proposed by the governmental body;
(e) a description of new or ongoing information technology projects being, or expected to be, undertaken by the governmental body, including budget data; and
(f) other information required by law or requested by the division.
(8) 'Business panel' means the Information Technology Business Case Review Panel.
(9) 'Oversight panel' means the Information Technology Architecture Oversight Panel.
Section 1-3-310. There is created the Division of the Office of the State Chief Information Officer within the Budget and Control Board. The division is under the supervision of the State Chief Information Officer.
Section 1-3-315. In addition to other responsibilities as the board may assign, the division shall:
(1) develop for approval of the board a coordinated statewide strategic plan for information technology including, but not limited to, statewide strategic information technology directions, standards, and enterprise architecture. The division shall implement, upon board approval, necessary management processes to ensure that governmental bodies fully comply with the coordinated statewide strategic plan;
(2) in consultation with the business panel and the oversight panel, develop for the approval of the board a process for the review and approval of information technology initiatives and plans of governmental bodies. Each governmental body is required to develop an information technology plan and submit the plan to the division for approval. The division may require modification to those plans that do not conform to statewide information technology plans, strategies, and standards;
(3) develop policies, standards, methodologies, and procedures for the effective management of information technology investments throughout their entire life cycles including, but not limited to, project management, procurement, development, implementation, operation, security, business continuity, performance evaluation, and enhancement or retirement;
(4) oversee the development of statewide and multiagency information technology projects of governmental bodies as approved by the board;
(5) monitor information technology initiatives approved by the board, the division may modify and suspend any information technology initiative that is not in compliance with statewide strategic plan or has not met the performance measures agreed to by the board the division, and the sponsoring governmental body. If the division suspends an information technology initiative or project, the governmental body or governmental bodies may seek a review of the suspension by the board, at its next regularly scheduled meeting. The division and the governmental body or governmental bodies may present information concerning the suspension to the board. The board's decision regarding suspension is final. The board may terminate any information technology initiative upon recommendation of the division;
(6) plan and forecast future needs for information technology and establish an information clearinghouse that identifies best practices and new developments and contains detailed information regarding the state's previous experiences with the development of information technology initiatives;
(7) evaluate requests from governmental bodies for exemptions from this chapter and recommend to the board whether the exemption requests are granted;
(8) in cooperation with governmental bodies, evaluate the information technology of governmental bodies to determine whether the merger of information technology and related resources is justified by sound business principles including, but not limited to, efficiency, cost effectiveness and cross agency information sharing. If the division determines the merger of the information technology of governmental bodies is appropriate, it shall sponsor an initiative and follow the approval process established under Section 1-3-315(2). The division shall merge any information technology and related resources of governmental bodies only upon approval of the board;
(9) provide information technology and telecommunications facilities and services in a manner determined by the board or as required by law;
(10) be responsible for compiling a comprehensive inventory of information technology maintained by governmental bodies;
(11) provide support and subject matter expertise to the board, the committee, the business panel, and the oversight panel; and
(12) exercise and perform other powers and duties as granted to it, imposed upon it by law or necessary to carry out the purposes of this article.
Section 1-3-320. (A) There is created a joint committee of the General Assembly to be known as the Joint Information Technology Review Committee consisting of ten members. The Chairman of the Senate Finance Committee shall appoint five members, three of whom must be appointed from the Senate Finance Committee and two appointed from the remaining membership of the Senate. The Chairman of the House Ways and Means Committee shall appoint five members, three of whom must be appointed from the House Ways and Means Committee and two appointed from the remaining membership of the House of Representatives. Terms of members of the committee shall correspond to the terms for which they are elected to the General Assembly. The committee shall elect officers of the committee, but individuals elected as officers may succeed themselves if elected to do so.
(B) The responsibilities of the committee include, but are not limited to, the following:
(1) review the reports and recommendations from the business panel and the oversight panel on information technology initiatives to determine if the expenditure of funds for the information technology initiatives is justified by sound business and technological principles and standards;
(2) provide to the board those information technology initiatives recommended for board approval;
(3) recommend to the board priorities of future information technology initiatives;
(4) carry out all the above assigned responsibilities in consultation and cooperation with the board, the division, and the appropriate governmental bodies; and
(5) report its findings and recommendations to the House Ways and Means Committee and the Senate Finance Committee annually or upon request of these committees.
(C) The staffs of the General Assembly shall provide assistance as requested by the committee.
Section 1-3-325. (A) The State Chief Information Officer shall determine the number and composition of the Information Technology Business Case Review Panel to include representatives from governmental bodies and other entities. In addition to those members appointed by the State Chief Information Officer, the business panel shall include two members from the private sector appointed by the chairman of the Senate Finance Committee and two members from the private sector appointed by the chairman of the House Ways and Means Committee. The panel shall review the information technology initiatives of governmental bodies and advise the State Chief Information Officer on matters relating to the development and implementation of information technology standards, policies, and procedures.
(B) The responsibilities of the business panel include the following:
(1) in conjunction with the division, and subject to board approval, the business panel shall recommend and implement a process to assess if the expenditure of state funds for an information technology initiative is justified by sound business principles. This process must include, but is not limited to, an assessment of the return on investment projection of the information technology initiative and an assessment of if the information technology initiative is redundant with the existing technology of the governmental body proposing the information technology initiative or the existing technology of other governmental bodies; and
(2) carry out all other responsibilities assigned to it by the board or the State Chief Information Officer.
(C) The business panel shall provide a written assessment of the information technology initiative to the committee and the division. In addition to the information contained in subsection (B), this assessment may include the business panel's recommendation as to whether the information technology initiative should be adopted.
(D) Members serve without compensation, but are allowed the usual per diem and mileage as provided by law for members of boards, commissions, and committees while on official business. Members who are full-time state employees may not receive per diem.
Section 1-3-330. (A) The State Chief Information Officer shall determine the number and composition of the Information Technology Architecture Oversight Panel to include representatives from governmental bodies and other entities.
(B) The responsibilities of the oversight panel include:
(1) in conjunction with the division, and subject to board approval, to recommend and implement a process to assess if information technology initiative adheres to the coordinated statewide strategic plan for information technology and the information technology plan of the governmental body proposing the information technology initiative, and to assess the technological soundness of the information technology initiative;
(2) to advise the State Chief Information Officer on matters relating to the development and implementation of information technology standards, policies, and procedures; and
(3) to carry out all other responsibilities assigned to it by the board or the State Chief Information Officer.
(C) The oversight panel shall provide a written assessment of the information technology initiative to the committee and the division. In addition to the information contained in subsection (B), this assessment may include the oversight panel's recommendation as to whether the information technology initiative should be adopted.
(D) Members serve without compensation, but are allowed the usual per diem and mileage as provided by law for members of boards, commissions, and committees while on official business. Members who are full-time state employees may not receive per diem.
Section 1-3-335. There is created an Information Technology Innovation Fund to be administered by the division. The fund must provide incentives to governmental bodies to implement enterprise information technology initiatives and electronic government projects. The fund must encourage governmental bodies to use information technology to improve the delivery of services and reduce costs. The fund must not be used to replace or offset appropriations for recurring technology expenditures and operations. The fund consists of money appropriated through the state budget process, grants, gifts, donations, or other money designated by the division. The division, subject to the approval of the board, shall develop appropriate procedures for the allocation and distribution of money contained in the fund."
SECTION 6. Section 11-35-1580(1) of the 1976 Code, as last amended by Act 153 of 1997, is further amended to read:
"(1) Information Technology Management Office. The Information Technology Management Office shall be is responsible for:
(a) assessing the need for and use of information technology;
(b) administering all procurement and contracting activities undertaken for governmental bodies involving information technology in accordance with this chapter; and
(c)(b) providing for the disposal of all information technology property surplus to the needs of a using agency;.
(d) evaluating the use and management of information technology;
(e) operating a comprehensive inventory and accounting reporting system for information technology;
(f) developing policies and standards for the management of information technology in state government;
(g) initiating a state plan for the management and use of information technology;
(h) providing management and technical assistance to state agencies in using information technology; and
(i) establishing a referral service for state agencies seeking technical assistance or information technology services."
Section 1-8-10. Effective January 1, 2005, the Office of the State Inspector General is created as a separate division within the South Carolina Department of Administration. The Office of State Inspector General must be headed by a State Inspector General who must be appointed by the Governor, with the advice and consent of the Senate, for a term to be coterminous with that of the Governor. The Inspector General shall serve until his successor is appointed and qualifies. Vacancies must be filled in the manner of original selection. The State Inspector General may be removed from office at the discretion of the Governor by an executive order pursuant to Section 1-3-240(B). The State Inspector General shall supervise the Office of State Inspector General under the direction and control of the Department of Administration and shall exercise other powers and perform other duties as the department requires.
Section 1-8-20. (A) For purposes of this chapter, 'executive agency' or 'executive agencies' means any office, agency, or another instrumentality of the executive branch of the state government other than the South Carolina National Guard, and includes state technical schools and state colleges and universities.
(B) The purpose of the Office of State Inspector General is to:
(1) deter, detect, prevent, and eradicate fraud, waste, misconduct, and abuse in the programs, operations, and contracting of all government agencies within the executive branch of the state government;
(2) keep the heads of executive agencies and the Governor fully informed about problems, errors, omissions, misconduct, and deficiencies relating to or arising out of the administration of programs, operations, and contracting in executive agencies;
(3) provide leadership, coordination, and control over satellite Inspector General offices in designated executive agencies to ensure a coordinated and efficient administration of duties and use of staff.
(C) Agency or satellite Inspector General offices established in executive agencies must report to and follow the direction of the State Inspector General.
(D) The State Office of Inspector General and the State Inspector General have no jurisdiction, power, or authority over the South Carolina National Guard, the Inspector General of the South Carolina National Guard, or matters falling under the jurisdiction or cognizance of the Adjutant General or the Inspector General of the South Carolina National Guard or over the legislative and judicial branches of government.
Section 1-8-30. (A) It is the duty and responsibility of the State Inspector General to:
(1) promote integrity and efficiency in executive agencies;
(2) initiate, supervise, and coordinate investigative activities relating to fraud, waste, misconduct, or abuse in executive agencies;
(3) recommend policies for and conduct, supervise, and coordinate activities designed to deter, detect, prevent, and eradicate fraud, waste, misconduct, and abuse in executive agencies;
(4) report expeditiously to and cooperate fully with the Attorney General. Whenever the State Inspector General has reasonable grounds to believe there has been a violation of criminal law or that a civil action should be initiated by the State, the State Inspector General shall immediately refer the matter to the Attorney General and the Budget and Control Board. The Attorney General is responsible for criminal prosecution or civil litigation and may refer matters to the State Grand Jury, a circuit solicitor, or the appropriate agency for criminal prosecution or civil litigation;
(5) refer matters to the heads of executive agencies whenever the State Inspector General determines that disciplinary or other administrative action is appropriate.
(B) The Office of Inspector General and the State Inspector General are authorized and directed to take any lawful action that is necessary and proper for the discharge of their duties and responsibilities under this chapter.
Section 1-8-40. (A) In addition to the authority otherwise provided in this chapter, the State Inspector General, in carrying out the duties and responsibilities of his office, is authorized to:
(1) make investigations and reports relating to the administration of the programs and operations of an executive agency as are, in the judgment of the State Inspector General, necessary or desirable. If the State Inspector General determines that a report should be issued, he shall consult with the Attorney General before issuing the report to ensure against an adverse impact on a grand jury proceeding or prosecution being conducted by the Attorney General, a circuit solicitor, or a law enforcement agency;
(2) request information or assistance necessary for carrying out the duties and responsibilities provided by this chapter from a federal, state, or local government agency or unit thereof;
(3) require and obtain immediately by written notice from officers and employees of executive agencies and the executive department, to the fullest extent permitted by law, information, documents, reports, answers, records, accounts, papers, and other necessary data and documentary evidence. If deemed necessary and upon approval of the Department of Administration, on a case by case basis, the State Inspector General has subpoena powers;
(4) have direct and prompt access to the heads of executive agencies when necessary for a purpose pertaining to the performance of functions and responsibilities under this chapter;
(5) select, appoint, and employ officers and employees necessary for carrying out the functions, powers, and duties of the office. The officers and employees must be employed in accordance with current personnel practices and procedures of the Department of Administration and may be assigned by the State Inspector General to designated executive agencies.
(B) Upon request of the State Inspector General for information or assistance, executive agencies immediately shall furnish the information and assistance to the State Inspector General or an authorized designee.
(C) If information or assistance requested is, in the judgment of the State Inspector General, unreasonably refused or not provided, the State Inspector General may report the circumstances to the head of the agency, the Attorney General, and the Department of Administration for appropriate action.
Section 1-8-50. (A) The State Inspector General may receive and investigate complaints or information concerning the possible existence of an activity in an executive branch agency constituting a violation of law, rules or regulations, or mismanagement, fraud, waste of funds, abuse of authority, malfeasance, misfeasance, nonfeasance, or a substantial and specific danger to the public health and safety.
(B) The Office of the State Inspector General is authorized and directed to promulgate regulations to implement the polices and purposes of this chapter including, but not limited to, regulations establishing a hotline for reporting fraud, waste, and abuse and a system of monetary rewards for persons whose reports of fraud, waste, or abuse result in savings to the State, the prevention of loss, or the recovery of money or property owed to or belonging to the State or an executive agency.
(C) A person may not take or threaten to take action against an employee as a reprisal for making a complaint or disclosing information to the State Inspector General, unless the complaint was made or the information disclosed with the knowledge that it was false or with wilful disregard for its truth or falsity.
(D) The protections in this chapter for employees who report fraud, waste, misconduct, malfeasance, misfeasance, nonfeasance, or abuse in good faith are in addition and cumulative to protections provided by another law."
SECTION 8. A. Section 1-11-220 of the 1976 Code is amended to read:
"Section 1-11-220. There is hereby established within the Budget and Control Board South Carolina Department of Administration, the Division of Motor Vehicle Management General Services, Program of Fleet Management headed by a Director, hereafter referred to as the 'State Fleet Manager' appointed by and reporting directly to the Budget and Control Board department, hereafter referred to as the Board. The Board department shall develop a comprehensive state Fleet Management Program. The program shall address acquisition, assignment, identification, replacement, disposal, maintenance, and operation of motor vehicles.
The Budget and Control Board department shall, through their its policies and regulations, seek to achieve the following objectives:
(a) to achieve maximum cost-effectiveness management of state-owned motor vehicles in support of the established missions and objectives of the agencies, boards, and commissions.
(b) to eliminate unofficial and unauthorized use of state vehicles.
(c) to minimize individual assignment of state vehicles.
(d) to eliminate the reimbursable use of personal vehicles for accomplishment of official travel when this use is more costly than use of state vehicles.
(e) to acquire motor vehicles offering optimum energy efficiency for the tasks to be performed.
(f) to insure motor vehicles are operated in a safe manner in accordance with a statewide Fleet Safety Program."
B. Section 1-11-225 of the 1976 Code is amended to read:
"Section 1-11-225. The Division of Operations South Carolina Department of Administration shall establish a cost allocation plan to recover the cost of operating the comprehensive statewide Fleet Management Program. The division shall collect, retain, and carry forward funds to ensure continuous administration of the program."
C. Section 1-11-250 and 1-11-260, both as last amended by Act 311 of 2002; Section 1-11-270(A), as last amended by Act 145 of 1995; Sections 1-11-280 and 1-11-290; Section 1-11-300, as last amended by Act 419 of 1998; Section 1-11-310, as last amended by Act 459 of 1996; Section 1-11-315, as added by Act 449 of 1992; Section 1-11-320; Section 1-11-335, as added by Act 145 of 1995; and Section 1-11-340 are amended to read:
"Section 1-11-250. For purposes of Sections 1-11-220 to 1-11-330:
(a) 'State agency' means all officers, departments, boards, commissions, institutions, universities, colleges, and all persons and administrative units of state government that operate motor vehicles purchased, leased, or otherwise held with the use of state funds, pursuant to an appropriation, grant or encumbrance of state funds, or operated pursuant to authority granted by the State.
(b) 'Board Department' means State Budget and Control Board the South Carolina Department of Administration.
Section 1-11-260. (A) The Fleet Manager shall report annually to the Budget and Control Board department and the General Assembly concerning the performance of each state agency in achieving the objectives enumerated in Sections 1-11-220 through 1-11-330 and include in the report a summary of the division's program's efforts in aiding and assisting the various state agencies in developing and maintaining their management practices in accordance with the comprehensive statewide Motor Vehicle Fleet Management Program. This report also shall contain recommended changes in the law and regulations necessary to achieve these objectives.
(B) The board department , after consultation with state agency heads, shall promulgate and enforce state policies, procedures, and regulations to achieve the goals of Sections 1-11-220 through 1-11-330 and shall recommend administrative penalties to be used by the agencies for violation of prescribed procedures and regulations relating to the Fleet Management Program.
Section 1-11-270. (A) The board department shall establish criteria for individual assignment of motor vehicles based on the functional requirements of the job, which shall reduce the assignment to situations clearly beneficial to the State. Only the Governor, statewide elected officials, and agency heads are provided a state-owned vehicle based on their position.
Section 1-11-280. The Board department shall develop a system of agency-managed and interagency motor pools which are, to the maximum extent possible, cost beneficial to the State. All motor pools shall operate according to regulations promulgated by the Budget and Control Board department. Vehicles shall be placed in motor pools rather than being individually assigned except as specifically authorized by the Board department in accordance with criteria established by the Board department. The motor pool operated by the Division of General Services shall be transferred to the Division of Motor Vehicle Management. Agencies utilizing motor pool vehicles shall utilize trip log forms approved by the Board department for each trip, specifying beginning and ending mileage and the job function performed.
The provisions of this section shall not apply to school buses and service vehicles.
Section 1-11-290. The Board department in consultation with the agencies operating maintenance facilities shall study the cost-effectiveness of such facilities versus commercial alternatives and shall develop a plan for maximally cost-effective vehicle maintenance. The Budget and Control Board department shall promulgate rules and regulations governing vehicle maintenance to effectuate the plan.
The State Vehicle Maintenance program shall include:
(a) central purchasing of supplies and parts;
(b) an effective inventory control system;
(c) a uniform work order and record-keeping system assigning actual maintenance cost to each vehicle; and
(d) preventive maintenance programs for all types of vehicles.
All motor fuels shall be purchased from state facilities except in cases where such purchase is impossible or not cost beneficial to the State.
All fuels, lubricants, parts and maintenance costs including those purchased from commercial vendors shall be charged to a state credit card bearing the license plate number of the vehicle serviced and the bill shall include the mileage on the odometer of the vehicle at the time of service.
Section 1-11-300. In accordance with criteria established by the board department, each agency shall develop and implement a uniform cost accounting and reporting system to ascertain the cost per mile of each motor vehicle used by the State under their control. Agencies presently operating under existing systems may continue to do so provided that board departmental approval shall be is required and that the existing systems shall be are uniform with the criteria established by the board department. All expenditures on a vehicle for gasoline and oil shall be purchased in one of the following ways:
(1) from state-owned facilities and paid for by the use of Universal State Credit Cards except where agencies purchase these products in bulk;
(2) from any fuel outlet where gasoline and oil are sold regardless of whether the outlet accepts a credit or charge card when the purchase is necessary or in the best interest of the State; and
(3) from a fuel outlet where gasoline and oil are sold when that outlet agrees to accept the Universal State Credit Card.
These provisions regarding purchase of gasoline and oil and usability of the state credit card also apply to alternative transportation fuels where available. The Budget and Control Board Division of Operations department shall adjust the budgetary appropriation in Part IA, Section 63B, for 'Operating Expenses--Lease Fleet' to reflect the dollar savings realized by these provisions and transfer such amount to other areas of the State Fleet Management Program. The Board department shall promulgate regulations regarding the purchase of motor vehicle equipment and supplies to ensure that agencies within a reasonable distance are not duplicating maintenance services or purchasing equipment that is not in the best interest of the State. The Board department shall develop a uniform method to be used by the agencies to determine the cost per mile for each vehicle operated by the State.
Section 1-11-310. (A) The State Budget and Control Board South Carolina Department of Administration shall purchase, acquire, transfer, replace, and dispose of all motor vehicles on the basis of maximum cost-effectiveness and lowest anticipated total life cycle costs.
(B) The standard state fleet sedan or station wagon must be no larger than a compact model and the special state fleet sedan or station wagon must be no larger than an intermediate model. The director of the Division of Motor Vehicle Management State Fleet Manager shall determine the types of vehicles which fit into these classes. Only these classes of sedans and station wagons may be purchased by the State for nonlaw enforcement use.
(C) The State shall purchase police sedans only for the use of law enforcement officers, as defined by the Internal Revenue Code. Purchase of a vehicle under this subsection must be concurred in by the director of the Division of Motor Vehicle Management State Fleet Manager and must be in accordance with regulations promulgated or procedures adopted under Sections 1-11-220 through 1-11-340 which must take into consideration the agency's mission, the intended use of the vehicle, and the officer's duties. Law enforcement agency vehicles used by employees whose job functions do not meet the Internal Revenue Service definition of 'Law Enforcement Officer' must be standard or special state fleet sedans.
(D) All state motor vehicles must be titled to the State and must be received by and remain in the possession of the Division Program of Motor Vehicle Fleet Management pending sale or disposal of the vehicle.
(E) Titles to school buses and service vehicles operated by the State Department of Education and vehicles operated by the South Carolina Department of Transportation must be retained by those agencies.
(F) Exceptions to requirements in subsections (B) and (C) must be approved by the director of the Division of Motor Vehicle Management State Fleet Manager. Requirements in subsection (B) do not apply to the State Development Board.
(G) Preference in purchasing state motor vehicles must be given to vehicles assembled in the United States with at least seventy-five percent domestic content as determined by the appropriate federal agency.
Section 1-11-315. The State Budget and Control Board South Carolina Department of Administration, Division of General Services, program of Motor Vehicle Fleet Management, shall determine the extent to which the state vehicle fleet can be configured to operate on alternative transportation fuels. This determination must be based on a thorough evaluation of each alternative fuel and the feasibility of using such fuels to power state vehicles. The state fleet must be configured in a manner that will serve as a model for other corporate and government fleets in the use of alternative transportation fuel. By March 1, 1993, the Division Program of Motor Vehicle Fleet Management must submit a plan to the General Assembly for the use of alternative transportation fuels for the state vehicle fleet that will enable the state vehicle fleet to serve as a model for corporate and other government fleets in the use of alternative transportation fuel. This plan must contain a cost/benefit analysis of the proposed changes.
Section 1-11-320. The Board department shall ensure that all state-owned motor vehicles are identified as such through the use of permanent state-government state government license plates and either state or agency seal decals. No vehicles shall be exempt from the requirements for identification except those exempted by the Board department.
This section shall not apply to vehicles supplied to law enforcement officers when, in the opinion of the Board department after consulting with the Chief of the State Law Enforcement Division, those officers are actually involved in undercover law enforcement work to the extent that the actual investigation of criminal cases or the investigators' physical well-being would be jeopardized if they were identified. The Board department is authorized to exempt vehicles carrying human service agency clients in those instances in which the privacy of the client would clearly and necessarily be impaired.
Section 1-11-335. The respective divisions of the Budget and Control Board and the South Carolina Department of Administration are authorized to provide to and receive from other governmental entities, including other divisions and state and local agencies and departments, goods and services, as will in its opinion promote efficient and economical operations. The divisions may charge and pay the entities for the goods and services, the revenue from which shall be deposited in the state treasury in a special account and expended only for the costs of providing the goods and services, and such funds may be retained and expended for the same purposes.
Section 1-11-340. The Board department shall develop and implement a statewide Fleet Safety Program for operators of state-owned vehicles which shall serve to minimize the amount paid for rising insurance premiums and reduce the number of accidents involving state-owned vehicles. The Board department shall promulgate rules and regulations requiring the establishment of an accident review board by each agency and mandatory driver training in those instances where remedial training for employees would serve the best interest of the State."
SECTION 9. A. Chapter 9, Title 3 of the 1976 Code is amended to read:
Section 3-9-10. (a) The Division of General Services of the State Budget and Control Board South Carolina Department of Administration is authorized:
(1) To acquire from the United States of America under and in conformance with the provisions of Section 203 (j) of the Federal Property and Administrative Services Act of 1949, as amended, hereafter referred to as the 'act,' such property, including equipment, materials, books, or other supplies under the control of any department or agency of the United States of America as may be usable and necessary for purposes of education, public health or civil defense, including research for any such purpose, and for such other purposes as may now or hereafter be authorized by Federal law;
(2) To warehouse such property; and
(3) To distribute such property within the State to tax-supported medical institutions, hospitals, clinics, health centers, school systems, schools, colleges and universities within the State, to other nonprofit medical institutions, hospitals, clinics, health centers, schools, colleges and universities which are exempt from taxation under Section 501 (c) (3) of the United States Internal Revenue Code of 1954, to civil defense organizations of the State, or political subdivisions and instrumentalities thereof, which are established pursuant to State law, and to such other types of institutions or activities as may now be or hereafter become eligible under Federal law to acquire such property.
(b) The Division of General Services of the Department of Administration is authorized to receive applications from eligible health and educational institutions for the acquisition of Federal surplus real property, investigate the applications, obtain expression of views respecting the applications from the appropriate health or educational authorities of the State, make recommendations regarding the need of such applicant for the property, the merits of its proposed program of utilization, the suitability of the property for the purposes, and otherwise assist in the processing of the applications for acquisition of real and related personal property of the United States under Section 203 (k) of the act.
(c) For the purpose of executing its authority under this chapter, the Division of General Services is authorized to adopt, amend or rescind rules and regulations and prescribe such requirements as may be deemed necessary; and take such other action as is deemed necessary and suitable, in the administration of this chapter, to assure maximum utilization by and benefit to health, educational and civil defense institutions and organizations within the State from property distributed under this chapter.
(d) The Budget and Control Board South Carolina Department of Administration is authorized to appoint advisory boards or committees, and to employ such personnel and prescribe their duties as are deemed necessary and suitable for the administration of this chapter.
(e) The Director of the Division of General Services is authorized to make such certifications, take such action and enter into such contracts, agreements and undertakings for and in the name of the State (including cooperative agreements with any Federal agencies providing for utilization of property and facilities by and exchange between them of personnel and services without reimbursement), require such reports and make such investigations as may be required by law or regulation of the United States of America in connection with the receipt, warehousing and distribution of personal property received by him from the United States of America.
(f) The Division of General Services is authorized to act as clearinghouse of information for the public and private nonprofit institutions, organizations and agencies referred to in subparagraph (a) of this section and other institutions eligible to acquire federal surplus personal property, to locate both real and personal property available for acquisition from the United States of America, to ascertain the terms and conditions under which such property may be obtained, to receive requests from the above-mentioned institutions, organizations and agencies and to transmit to them all available information in reference to such property, and to aid and assist such institutions, organizations and agencies in every way possible in the consummation of acquisitions or transactions hereunder.
(g) The Division of General Services, in the administration of this chapter, shall cooperate to the fullest extent consistent with the provisions of the act, and with the departments or agencies of the United States of America, and shall file a State plan of operation, and operate in accordance therewith, and take such action as may be necessary to meet the minimum standards prescribed in accordance with the act, and make such reports in such form and containing such information as the United States of America or any of its departments or agencies may from time to time require, and it shall comply with the laws of the United States of America and the rules and regulations of any of the departments or agencies of the United States of America governing the allocation, transfer, use or accounting for, property donable or donated to the State.
Section 3-9-20. The Director of the Division of General Services may delegate such power and authority as he deems reasonable and proper for the effective administration of this chapter. The State Budget and Control Board South Carolina Department of Administration may require bond of any person in the employ of the Division of General Services receiving or distributing property from the United States under authority of this chapter.
Section 3-9-30. Any charges made or fees assessed by the Division of General Services for the acquisition, warehousing, distribution or transfer of any property of the United States of America for educational, public health or civil defense purposes, including research for any such purpose, or for any purpose which may now be or hereafter become eligible under the act, shall be limited to those reasonably related to the costs of care and handling in respect to its acquisition, receipt, warehousing, distribution or transfer.
Section 3-9-40. The provisions of this chapter shall not apply to the acquisition of property acquired by agencies of the State under the priorities established by Section 308 (b), Title 23, United States Code, Annotated."
B. Sections 10-1-10, 10-1-20, 10-1-30, 10-1-40, and 10-1-50 of the 1976 Code are amended to read:
"Section 10-1-10. The State Budget and Control Board South Carolina Department of Administration, Division of General Services, shall keep, landscape, cultivate and beautify the State House and State House grounds with authority to expend such amounts as may be annually appropriated therefor. The Board department shall employ all help and labor in policing, protecting and caring for the State House and State House grounds and shall have full authority over them.
Section 10-1-20. The State Budget and Control Board department shall report to the General Assembly annually all its acts and doings in the improvement of said grounds, together with an itemized statement of all money expended.
Section 10-1-30. The Director of the Division of General Services of the State Budget and Control Board South Carolina Department of Administration may authorize the use of the State House lobbies, the State House steps and grounds, and other public buildings and grounds in accordance with regulations promulgated by the board department. The director shall obtain the approval of the Clerk of the Senate before authorizing any use of the Gressette Building and shall obtain the approval of the Clerk of the House of Representatives before authorizing any use of the Blatt Building. The regulations must contain provisions to insure ensure that the public health, safety, and welfare will be are protected in the use of the areas including reasonable time, place, and manner restrictions and application periods before use. If sufficient measures cannot be taken to protect the public health, safety, and welfare, the director shall deny the requested use. Other restrictions may be imposed on the use of the areas as are necessary for the conduct of business in those areas and the maintenance of the dignity, decorum, and aesthetics of the areas.
Section 10-1-40. There is hereby established a committee to be known as the 'State House Committee', consisting of five members of the Senate, appointed by the Lieutenant Governor and five members of the House of Representatives, appointed by the Speaker, whose duties shall be to review all proposals for alterations and/or renovations to the State House. No alterations or renovations shall be undertaken without the approval of this committee.
Section 10-1-50. The State Budget and Control Board South Carolina Department of Administration is hereby directed to require that all State or Federal agencies to be housed in the new State office building shall pay rent therefor at a square foot rate to be determined by the State Budget and Control Board department, such rent to begin on and continue after July 1, 1965. The revenue derived from the rental paid for space in the said building shall be used by the State Budget and Control Board department to apply to the amortization of the cost of the said building, the new office and laboratory building of the Department of Health, and Environmental Control, the purchase of the Standard Oil building on Gervais Street, the equipment for and renovation of the other State office buildings, and for certain other parcels of land previously bought for the account of the State sinking funds in connection with the building program cited above. The total expenditures for which this program is provided shall not exceed the sum of six million five hundred thousand dollars. The amortization of this debt shall be on the basis of three per cent interest for a period of twenty-five years."
C. Section 10-1-130 of the 1976 Code is amended to read:
"Section 10-1-130. The trustees or governing bodies of State institutions and agencies may grant easements and rights of way over any property under their control, upon the concurrence and acquiescence of the State Budget and Control Board South Carolina Department of Administration, whenever it appears that such easements will not materially impair the utility of the property or damage it and, when a consideration is paid therefor, any such amounts shall be placed in the State Treasury to the credit of the institution or agency having control of the property involved."
D. Section 10-1-160 of the 1976 Code, as last amended by Act 292 of 2000, is further amended to read:
"Section 10-1-160. (A) The United States flag and the State flag shall be flown daily, except in rainy weather, from a staff upon the State House, and shall be displayed above the rostrum in the chambers of the House of Representatives and the Senate and in the first floor north foyer of the State House. No other flag shall be displayed in these locations or atop the dome or roof, or within the foyers or common or public areas within the capitol building. The State Budget and Control Board South Carolina Department of Administration shall purchase suitable flags for display at the State House locations and cause them to be displayed, the expense to be borne out of the funds appropriated to it.
(B) The provisions of this section may only be amended or repealed upon passage of an act which has received a two-thirds vote on the third reading of the bill in each branch of the General Assembly.
(C) The term 'chambers' of the House or Senate for purposes of this section does not include individual members' offices. The provisions of this section do not prohibit a private individual on the capitol complex grounds from wearing as a part of his clothing or carrying or displaying any type of flag including a Confederate Flag."
E. Sections 10-1-180 and 10-1-190 of the 1976 Code, both as added by Act 145 of 1995, are amended to read:
"Section 10-1-180. The expenditure of funds by any state agency, except the Department of Transportation for permanent improvements as defined in the state budget, is subject to approval and regulation of the State Budget and Control Board South Carolina Department of Administration. The board department shall have authority to allot to specific projects from funds made available for such purposes, such amounts as are estimated to cover the respective costs of such projects, to declare the completion of any such projects, and to dispose, according to law, of any unexpended balances of allotments, or appropriations, or funds otherwise provided for such projects, upon the completion thereof. The approval of the Budget and Control Board department is not required for minor construction projects, including renovations and alterations, where the cost does not exceed an amount determined by the Joint Bond Review Committee and the Budget and Control Board department.
All construction, improvement, and renovation of state buildings shall comply with the applicable standards and specifications set forth in each of the following codes: The Standard Building Code, The Standard Existing Building Code, The Standard Gas Code, The Standard Mechanical Code, The Standard Plumbing Code and The Standard Fire Prevention Code, all as adopted by the Southern Building Code Congress International, Inc.; and the National Electrical Code NFPA 70, The National Electrical Safety Code-ANSI-C2, The National Fire Protection Association Standard-NFPA 59, all with the code editions, revision years, and deletions as specified in the Manual For Planning and Execution of State Permanent Improvements. The State Engineer shall determine the enforcement and interpretation of the aforementioned codes and referenced standards on state buildings. Any interested local officials shall coordinate their comments related to state buildings through the State Engineer and shall neither delay construction nor delay or deny water, sewer, power, other utilities, or firefighting services. Agencies may appeal to the Director of Office of the Division of General Services of the Department of Administration regarding the application of these codes to state buildings.
Section 10-1-190. As part of the approval process relating to trades of state property for nonstate property, the Budget and Control Board South Carolina Department of Administration is authorized to approve the application of any net proceeds resulting from such a transaction to the improvement of the property held by the board department."
F. Section 10-7-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 10-7-10. All insurance on public buildings and on the contents thereof of the State and of all institutions supported in whole or in part by the State shall be carried by the State Budget and Control Board South Carolina Department of Administration. Any building or buildings, and the contents thereof, owned by the Department of Transportation may be insured by the State Budget and Control Board Department of Administration, with the consent or approval of such board department the Department of Administration, or the Department of Transportation shall have the alternative of assuming its own risks."
G. Section 10-11-10 of the 1976 Code is amended to read:
"Section 10-11-10. It shall be unlawful for any person, without the permission of the State Budget and Control Board or a member of that Board South Carolina Department of Administration, to enter upon or walk upon the roof of the State House. Any person violating the provisions of this section shall be punished by a fine of not more than one hundred dollars or imprisoned for not more than thirty days on the public works of Richland County for each offense."
H. Section 10-11-50 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 10-11-50. It shall be unlawful for anyone to park any vehicle on any of the property described in Section 10-11-40 and subsection (2) of Section 10-11-80 except in the spaces and manner now marked and designated or that may hereafter be marked and designated by the State Budget and Control Board South Carolina Department of Administration, in cooperation with the Department of Transportation, or to block or impede traffic through the alleys and driveways."
I. Section 10-11-90 of the 1976 Code is amended to read:
"Section 10-11-90. The watchmen and policemen employed by the Budget and Control Board for the protection of the property described in Sections 10-11-30 and 10-11-40 and subsection (2) of Section 10-11-80 are hereby vested with all of the powers, privileges and immunities of constables while on this area or in fresh pursuit of those violating the law in this area, provided that such watchmen and policemen take and file the oath required of peace officers, execute and file bond in the form required of State constables, in the amount of one thousand dollars, with the Budget and Control Board, and be duly commissioned by the Governor."
J. Section 10-11-110 of the 1976 Code is amended to read:
"Section 10-11-110. In connection with traffic and parking violations only, the watchmen and policemen referred to in Section 10-11-90, State highway patrolmen and policemen of the city of Columbia shall have the right to issue and use parking tickets of the type used by the city of Columbia, with such changes as are necessitated hereby, to be prepared and furnished by the Budget and Control Board South Carolina Department of Administration, upon the issuance of which the procedures shall be followed as prevail in connection with the use of parking tickets by the city of Columbia. Nothing herein shall restrict the application and use of regular arrest warrants."
K. Section 10-11-140 of the 1976 Code is amended to read:
"Section 10-11-140. Nothing contained in this article shall be construed to abridge the authority of the State Budget and Control Board to grant permission to use the State House grounds for educational, electrical decorations and similar purposes."
L. Section 10-11-330 of the 1976 Code is amended to read:
"Section 10-11-330. It shall be unlawful for any person or group of persons willfully and knowingly: (a) to enter or to remain within the capitol building unless such person is authorized by law or by rules of the House or Senate or of the State Budget and Control Board South Carolina Department of Administration when such entry is done for the purpose of uttering loud, threatening and abusive language or to engage in any disorderly or disruptive conduct with the intent to impede, disrupt or disturb the orderly conduct of any session of the legislature or the orderly conduct within the building or of any hearing before or any deliberation of any committee or subcommittee of the legislature; (b) to obstruct or to impede passage within the capitol grounds or building; (c) to engage in any act of physical violence upon the capitol grounds or within the capitol building; or (d) to parade, demonstrate or picket within the capitol building."
M. Section 1-10-10 of the 1976 Code, as added by Act 292 of 2000, is amended to read:
"Section 1-10-10. (A) As of 12:00 noon on the effective date of this act, and permanently thereafter, the only flags authorized to be flown atop the dome of the State House, in the chambers of the Senate and House of Representatives, and on the grounds of the Capitol Complex shall be as authorized in this section.
The flags authorized to be flown atop the dome of the State House and in the chambers of the Senate and House of Representatives are the United States Flag and the South Carolina State Flag. As of 12:00 noon on the effective date of this act, the flag authorized to be flown at a designated location on the grounds of the Capitol Complex is the South Carolina Infantry Battle Flag of the Confederate States of America [the Battle Flag of the Army of Northern Virginia (General Robert E. Lee's Army) the South Carolina, Georgia, Florida Department version]. This flag must be flown on a flagpole located at a point on the south side of the Confederate Soldier Monument, centered on the monument, ten feet from the base of the monument at a height of thirty feet. The flagpole on which the flag is flown and the area adjacent to the monument and flagpole must be illuminated at night and an appropriate decorative iron fence must be erected around the flagpole.
The South Carolina Infantry Battle Flag of the Confederate States of America is square measuring fifty-two inches on each side, inclusive of the white border, with a St. Andrews Cross of blue, edged with white, with thirteen equal five-pointed stars, upon a red field, with the whole banner bordered in white. The blue arms of the cross are 7.5 inches wide and the white border around the flag proper is 1.5 inches wide. The stars are five-pointed, inscribed within a circle six inches in diameter, and are uniform in size.
From any funds appropriated to the Budget and Control Board South Carolina Department of Administration, the Division of General Services of the Budget and Control Board Department of Administration, or its successor in interest, shall ensure that the flags authorized above shall be placed at all times as directed in this section and shall replace the flags at appropriate intervals as may be necessary due to wear.
(B) The provisions of this section may only be amended or repealed upon passage of an act which has received a two-thirds vote on the third reading of the bill in each branch of the General Assembly.
(C) The term 'chambers' of the House or Senate for the purposes of this section does not include individual members' offices. The provisions of this section do not prohibit a private individual on the capitol complex grounds from wearing as a part of his clothing or carrying or displaying any type of flag including a Confederate Flag."
N. Section 11-9-630 of the 1976 Code is amended to read:
Section 11-9-630. The State Budget and Control Board South Carolina Department of Administration shall sell and convey, for and on behalf of the State, all such real property, assets and effects belonging to the State as are not in actual public use, such sales to be made from time to time in such manner and upon such terms as it may deem most advantageous to the State. This shall not be construed to authorize the sale by the Board department of any property held in trust for a specific purpose by the State or the property of the State in the phosphate rocks or phosphatic deposits in the beds of the navigable streams and waters and marshes of the State."
O. Section 11-35-3240 of the 1976 Code, as last amended by Act 153 of 1997, is further amended to read:
"Section 11-35-3240. As relates to this code and the ensuing regulations, a 'Manual for Planning and Execution of State Permanent Improvements' shall be published by the board department South Carolina Department of Administration or its designee for use by governmental bodies and included in the regulations of the board department. The manual may be revised as the board department deems necessary."
P. Sections 11-35-3810, 11-35-3820, 11-35-3830, and 11-35-3840, all as amended by Act 153 of 1997, are further amended to read:
"Section 11-35-3810. Subject to existing provisions of law, the board department South Carolina Department of Administration shall promulgate regulations governing:
(1) the sale, lease, or disposal of surplus supplies by public auction, competitive sealed bidding, or other appropriate methods designated by such regulations;
(2) the transfer of excess supplies between agencies and departments.
Section 11-35-3820. Except as provided in Section 11-35-1580 and Section 11-35-3830 and the regulations pursuant thereto, the sale of all state-owned supplies, property, or personal property not in actual public use shall be conducted and directed by the Office Division of General Services of the South Carolina Department of Administration. Such sales shall be held at such places and in such manner as in the judgment of the Office Division of General Services shall be most advantageous to the State. Unless otherwise determined, sales shall be by either public auction or competitive sealed bid to the highest bidder. Each governmental body shall inventory and report to the Office of General Services division all surplus personal property not in actual public use held by that agency for sale. The Office of General Services division shall deposit the proceeds from such sales, less expense of the sales, in the state general fund or as otherwise directed by regulation. This policy and procedure shall apply to all governmental bodies unless exempt by law.
Section 11-35-3830. (1) Trade-in Value. Unless otherwise provided by law, governmental bodies may trade-in personal property, the trade-in value of which may be applied to the procurement or lease of like items. The trade-in trade in value of such personal property shall not exceed an amount as specified in regulations promulgated by the board Department of Administration.
(2) Approval of Trade-in Sales. When the trade-in value of personal property of a governmental body exceeds the specified amount, the board Department of Administration shall have the authority to determine whether:
(a) the subject personal property shall be traded in and the value applied to the purchase of new like items; or
(b) the property shall be classified as surplus and sold in accordance with the provisions of Section 11-35-3820. The board departmental determination shall be in writing and be subject to the provisions of this chapter.
(3) Record of Trade-in Sales. Governmental bodies shall submit quarterly to the materials management officer a record listing all trade-in sales made under subsections (1) and (2) of this section.
Section 11-35-3840. The Office Division of General Services of the State Budget and Control Board South Carolina Department of Administration may license for public sale publications and materials pertaining to training programs and information technology products which are developed during the normal course of the Office's division's activities. Such items shall be licensed at such reasonable costs as are established in accordance with the cost of the items. All proceeds from the sale of the publications and materials shall be placed in a revenue account and expended for the cost of providing such services."
Q. Section 11-35-4020 of the 1976 Code, as last amended by Act 153 of 1997, is further amended to read:
"Section 11-35-4020. Governmental bodies approved by the board South Carolina Department of Administration may sell any supplies owned by it after such supplies have become entirely unserviceable and can properly be classified as 'junk', in accordance with procedures established by the Office Division of General Services. All sales of unserviceable supplies by the governmental body shall be made in public to the highest bidder, after advertising for fifteen days, and the funds from such sales shall be credited to the account of the governmental body owning and disposing of such unserviceable supplies."
R. Section 44-53-530(a) and (b) is amended to read:
"Section 44-53-530. (a) Forfeiture of property defined in Section 44-53-520 must be accomplished by petition of the Attorney General or his designee or the circuit solicitor or his designee to the court of common pleas for the jurisdiction where the items were seized. The petition must be submitted to the court within a reasonable time period following seizure and shall set forth the facts upon which the seizure was made. The petition shall describe the property and include the names of all owners of record and lienholders of record. The petition shall identify any other persons known to the petitioner to have interests in the property. Petitions for the forfeiture of conveyances shall also include: the make, model, and year of the conveyance, the person in whose name the conveyance is registered, and the person who holds the title to the conveyance. The petition shall set forth the type and quantity of the controlled substance involved. A copy of the petition must be sent to each law enforcement agency which has notified the petitioner of its involvement in effecting the seizure. Notice of hearing or rule to show cause must be directed to all persons with interests in the property listed in the petition, including law enforcement agencies which have notified the petitioner of their involvement in effecting the seizure. Owners of record and lienholders of record may be served by certified mail, to the last known address as appears in the records of the governmental agency which records the title or lien.
The judge shall determine whether the property is subject to forfeiture and order the forfeiture confirmed. If the judge finds a forfeiture, he shall then determine the lienholder's interest as provided in this article. The judge shall determine whether any property must be returned to a law enforcement agency pursuant to Section 44-53-582.
If there is a dispute as to the division allocation of the proceeds of forfeited property among participating law enforcement agencies, this issue must be determined by the judge. The proceeds from a sale of property, conveyances, and equipment must be disposed of pursuant to subsection (e) of this section.
All property, conveyances, and equipment which will not be reduced to proceeds may be transferred to the law enforcement agency or agencies or to the prosecution agency. Upon agreement of the law enforcement agency or agencies and the prosecution agency, conveyances and equipment may be transferred to any other appropriate agency. Property transferred must not be used to supplant operating funds within the current or future budgets. If the property seized and forfeited is an aircraft or watercraft and is transferred to a state law enforcement agency or other state agency pursuant to the provisions of this subsection, its use and retainage by that agency shall be at the discretion and approval of the Budget and Control Board South Carolina Department of Administration.
(b) If the property is seized by a state law enforcement agency and is not transferred by the court to the seizing agency, the judge shall order it transferred to the Division of General Services of the Department of Administration for sale. Proceeds may be used by the division for payment of all proper expenses of the proceedings for the forfeiture and sale of the property, including the expenses of seizure, maintenance, and custody, and other costs incurred by the implementation of this section. The net proceeds from any sale must be remitted to the State Treasurer as provided in subsection (g) of this section. The Division of General Services of the South Carolina Department of Administration may authorize payment of like expenses in cases where monies, negotiable instruments, or securities are seized and forfeited."
SECTION 10. A. Section 58-9-2540(B)(7) of the 1976 Code is amended to read:
"Section 58-9-2540. (B)(7) one representative from the office of the Division of Information Resource Management the Office of the Chief Information Officer, State Budget and Control Board; and"
B. Section 59-150-60(A)(9) of the 1976 Code, as added by Act 59 of 2001, is amended to read:
"Section 59-150-60. (A)(9) acquire or lease real property and make improvements on it and acquire by lease or by purchase personal property including, but not limited to, computers; mechanical, electronic, and on-line equipment and terminals; and intangible property including, but not limited to, computer programs, systems, and software. To achieve cost savings and efficiency, the commission shall use the telecommunications network service of the Budget and Control Board's Division of the Office of the Chief Information Resources Officer pursuant to Sections 1-11-430 and 11-35-1580 provided that the service is secure;"
C. Section 59-150-390 of the 1976 Code, as added by Act 59 of 2001, is amended to read:
Section 59-150-390. The State Department of Education, in consultation with the Budget and Control Board's Division of the Office of the Chief Information Resources Officer, the State Library, and the Education Television Commission, shall administer primary and secondary technology funding provided for in Section 59-150-350. These funds are intended to provide technology connectivity, hardware, software, and training for the K-12 public schools throughout the State and, to the maximum extent possible, involve public-private sector collaborative efforts. Funds allocated to the local school districts for technology expenditures must be distributed based on the number of students eligible for the free and reduced lunch program in grades 1-3."
SECTION 11. A. Section 1-11-20 of the 1976 Code is amended to read:
"Section 1-11-20. (A) The functions of the State Budget and Control Board shall be performed, exercised and discharged under the supervision and direction of the board through three divisions, the Finance Division (embracing the work of the State Auditor, the former State Budget Commission, the former State Finance Committee and the former Board of Claims for the State of South Carolina), the Purchasing and Property Division (embracing the work of the former Commissioners of the Sinking Fund, the former Board of Phosphate Commissioners, the State Electrician and Engineer, the former Commission on State House and State House Grounds, the central purchasing functions, the former Surplus Procurement Division of the State Research, Planning and Development Board and the Property Custodian) and the Division of Personnel Administration (embracing the work of the former retirement board known as the South Carolina Retirement System and the administration of all laws relating to personnel), each division to consist of a director and such clerical, stenographic and technical employees as may be necessary, to be employed by the respective directors with the approval of the Board. The State Auditor shall be the director of the Finance Division, ex officio, and the directors of the other divisions shall be employed by the State Budget and Control Board for such time and compensation, not greater than the term and compensation for the State Auditor, as shall be fixed by the board in its judgment.
(B) Notwithstanding subsection (A), as of July 1, 2004, the Facilities Management, Business Operations, and Fleet Management Programs of the Division of General Services of the Budget and Control Board are transferred to, and incorporated into, the South Carolina Department of Administration.
(C) Notwithstanding subsection (A), as of July 1, 2004, the Budget and Control Board contains an additional division, known as the Statehouse, Legislative and Judicial Facilities Operations Division, responsible for the day-to-day maintenance , cleaning, and upkeep of the respective facilities. This responsibility does not include grounds, safety, capital improvements, leasing, and other facilities management duties reserved for the Department of Administration."
B. Section 1-11-435 of the 1976 Code, as added by Act 339 of 2002, is amended to read:
"Section 1-11-435. To protect the state's critical information technology infrastructure and associated data systems in the event of a major disaster, whether natural or otherwise, and to allow the services to the citizens of this State to continue in such an event, the Office Division of the Office of the State Chief Information Officer in the Budget and Control Board (CIO) should develop a Critical Information Technology Infrastructure Protection Plan devising policies and procedures to provide for the confidentiality, integrity, and availability of, and to allow for alternative and immediate on-line access to critical data and information systems including, but not limited to, health and human services, law enforcement, and related agency data necessary to provide critical information to citizens and ensure the protection of state employees as they carry out their disaster-related duties. All state agencies and political subdivisions of this State are directed to assist the Office of the State CIO in the collection of data required for this plan."
C. Section 2-13-240(a) of the 1976 Code, as last amended by Act 419 of 1998, is further amended by adding at the end:
"(89) Department of Administration, six."
D. Section 2-13-240(A)(58) of the 1976 Code, as last amended by Act 419 of 1998, is further amended to read:
"(58) Budget and Control Board:
(a) Auditor, six;
(b) General Services Division, six;
(c) Personnel Division, one;
(d) Research and Statistical Services Division, one;
(e) Retirement System, one.;
(f) Statehouse, Legislative, and Judicial Facilities Operation Division, one."
SECTION 12. Except as otherwise provided, this act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Reps. JENNINGS and ALTMAN proposed the following Amendment No. 2 (Doc Name COUNCIL\PT\2017MM04), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. A. There is established the Joint Biennial Budget Study Committee to study the annual state budget and appropriations process. The joint study committee must be composed of nine members and the nine members must be appointed as follows:
(1) three Senators appointed by the President Pro Tempore of the Senate, at least one of whom must be a member of the Senate Finance Committee;
(2) three members of the House of Representatives appointed by the Speaker, at least one of whom must be a member of the House Ways and Means Committee; and
(3) three members appointed by the Governor, one being a representative of the Department of Revenue.
Members of the Senate and House of Representatives serve ex-officio. The chairman of the joint study committee must be appointed by the President Pro Tempore of the Senate and the vice-chairman must be appointed by the Speaker of the House of Representatives.
The committee shall:
(1) make a detailed and careful study of the annual budget and appropriations laws of the State, together with all other laws of the State which have a bearing upon the feasibility and advisability of instituting a biennial state budget, and to make recommendations to the General Assembly and the Governor; and
(2) recommend changes in the budget and appropriation structure of the State for institution of a biennial state budget and appropriations process if the report described in item (1) identifies benefits to the State.
In achieving its objectives, the committee may:
(1) hold public hearings;
(2) receive testimony of employees of the State or other witnesses who may assist the committee in its duties;
(3) call for assistance in the performance of its duties from employees or agencies of the State or of its political subdivisions; and
(4) adopt by majority vote rules not inconsistent with this resolution it considers proper with respect to matters relating to the discharge of its duties pursuant to this resolution.
B. The professional and clerical services for the committee must be made available from the staffs of the General Assembly, the Budget and Control Board, the Department of Revenue, and other state agencies and institutions.
C. The committee shall make reports and recommendations to the General Assembly and the Governor by December 31, 2004, at which time the committee must be dissolved and its existence terminated. These findings and recommendations must be published and made available to the public.
D. The members of the committee may not receive the per diem, mileage, and subsistence as is allowed by law for members of boards, committees, and commissions when engaged in the exercise of their duties as members of the committee.
E. This SECTION takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. ALTMAN explained the amendment.
Rep. SCOTT raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Reps. HARRELL and COOPER proposed the following Amendment No. 3 (Doc Name COUNCIL\PT\2012MM04), which was adopted:
Amend the bill, as and if amended, by deleting PART V in its entirety and inserting:
SECTION 8. A. Section 1-11-220 of the 1976 Code is amended to read:
"Section 1-11-220. There is hereby established within the Budget and Control Board South Carolina Department of Administration, the Division of Motor Vehicle Management General Services, Program of Fleet Management headed by a Director, hereafter referred to as the 'State Fleet Manager' appointed by and reporting directly to the Budget and Control Board department, hereafter referred to as the Board. The Board department shall develop a comprehensive state Fleet Management Program. The program shall address acquisition, assignment, identification, replacement, disposal, maintenance, and operation of motor vehicles.
The Budget and Control Board department shall, through their its policies and regulations, seek to achieve the following objectives:
(a) to achieve maximum cost-effectiveness management of state-owned motor vehicles in support of the established missions and objectives of the agencies, boards, and commissions.
(b) to eliminate unofficial and unauthorized use of state vehicles.
(c) to minimize individual assignment of state vehicles.
(d) to eliminate the reimbursable use of personal vehicles for accomplishment of official travel when this use is more costly than use of state vehicles.
(e) to acquire motor vehicles offering optimum energy efficiency for the tasks to be performed.
(f) to insure motor vehicles are operated in a safe manner in accordance with a statewide Fleet Safety Program."
B. Section 1-11-225 of the 1976 Code is amended to read:
"Section 1-11-225. The Division of Operations South Carolina Department of Administration shall establish a cost allocation plan to recover the cost of operating the comprehensive statewide Fleet Management Program. The division shall collect, retain, and carry forward funds to ensure continuous administration of the program."
C. Section 1-11-250 and 1-11-260, both as last amended by Act 311 of 2002; Section 1-11-270(A), as last amended by Act 145 of 1995; Sections 1-11-280 and 1-11-290; Section 1-11-300, as last amended by Act 419 of 1998; Section 1-11-310, as last amended by Act 459 of 1996; Section 1-11-315, as added by Act 449 of 1992; Section 1-11-320; Section 1-11-335, as added by Act 145 of 1995; and Section 1-11-340 are amended to read:
"Section 1-11-250. For purposes of Sections 1-11-220 to 1-11-330:
(a) 'State agency' means all officers, departments, boards, commissions, institutions, universities, colleges, and all persons and administrative units of state government that operate motor vehicles purchased, leased, or otherwise held with the use of state funds, pursuant to an appropriation, grant or encumbrance of state funds, or operated pursuant to authority granted by the State.
(b) 'Board Department' means State Budget and Control Board the South Carolina Department of Administration.
Section 1-11-260. (A) The Fleet Manager shall report annually to the Budget and Control Board department and the General Assembly concerning the performance of each state agency in achieving the objectives enumerated in Sections 1-11-220 through 1-11-330 and include in the report a summary of the division's program's efforts in aiding and assisting the various state agencies in developing and maintaining their management practices in accordance with the comprehensive statewide Motor Vehicle Fleet Management Program. This report also shall contain recommended changes in the law and regulations necessary to achieve these objectives.
(B) The board department , after consultation with state agency heads, shall promulgate and enforce state policies, procedures, and regulations to achieve the goals of Sections 1-11-220 through 1-11-330 and shall recommend administrative penalties to be used by the agencies for violation of prescribed procedures and regulations relating to the Fleet Management Program.
Section 1-11-270. (A) The board department shall establish criteria for individual assignment of motor vehicles based on the functional requirements of the job, which shall reduce the assignment to situations clearly beneficial to the State. Only the Governor, statewide elected officials, and agency heads are provided a state-owned vehicle based on their position.
Section 1-11-280. The Board department shall develop a system of agency-managed and interagency motor pools which are, to the maximum extent possible, cost beneficial to the State. All motor pools shall operate according to regulations promulgated by the Budget and Control Board department. Vehicles shall be placed in motor pools rather than being individually assigned except as specifically authorized by the Board department in accordance with criteria established by the Board department. The motor pool operated by the Division of General Services shall be transferred to the Division of Motor Vehicle Management. Agencies utilizing motor pool vehicles shall utilize trip log forms approved by the Board department for each trip, specifying beginning and ending mileage and the job function performed.
The provisions of this section shall not apply to school buses and service vehicles.
Section 1-11-290. The Board department in consultation with the agencies operating maintenance facilities shall study the cost-effectiveness of such facilities versus commercial alternatives and shall develop a plan for maximally cost-effective vehicle maintenance. The Budget and Control Board department shall promulgate rules and regulations governing vehicle maintenance to effectuate the plan.
The State Vehicle Maintenance program shall include:
(a) central purchasing of supplies and parts;
(b) an effective inventory control system;
(c) a uniform work order and record-keeping system assigning actual maintenance cost to each vehicle; and
(d) preventive maintenance programs for all types of vehicles.
All motor fuels shall be purchased from state facilities except in cases where such purchase is impossible or not cost beneficial to the State.
All fuels, lubricants, parts and maintenance costs including those purchased from commercial vendors shall be charged to a state credit card bearing the license plate number of the vehicle serviced and the bill shall include the mileage on the odometer of the vehicle at the time of service.
Section 1-11-300. In accordance with criteria established by the board department, each agency shall develop and implement a uniform cost accounting and reporting system to ascertain the cost per mile of each motor vehicle used by the State under their control. Agencies presently operating under existing systems may continue to do so provided that board departmental approval shall be is required and that the existing systems shall be are uniform with the criteria established by the board department. All expenditures on a vehicle for gasoline and oil shall be purchased in one of the following ways:
(1) from state-owned facilities and paid for by the use of Universal State Credit Cards except where agencies purchase these products in bulk;
(2) from any fuel outlet where gasoline and oil are sold regardless of whether the outlet accepts a credit or charge card when the purchase is necessary or in the best interest of the State; and
(3) from a fuel outlet where gasoline and oil are sold when that outlet agrees to accept the Universal State Credit Card.
These provisions regarding purchase of gasoline and oil and usability of the state credit card also apply to alternative transportation fuels where available. The Budget and Control Board Division of Operations department shall adjust the budgetary appropriation in Part IA, Section 63B, for 'Operating Expenses--Lease Fleet' to reflect the dollar savings realized by these provisions and transfer such amount to other areas of the State Fleet Management Program. The Board department shall promulgate regulations regarding the purchase of motor vehicle equipment and supplies to ensure that agencies within a reasonable distance are not duplicating maintenance services or purchasing equipment that is not in the best interest of the State. The Board department shall develop a uniform method to be used by the agencies to determine the cost per mile for each vehicle operated by the State.
Section 1-11-310. (A) The State Budget and Control Board South Carolina Department of Administration shall purchase, acquire, transfer, replace, and dispose of all motor vehicles on the basis of maximum cost-effectiveness and lowest anticipated total life cycle costs.
(B) The standard state fleet sedan or station wagon must be no larger than a compact model and the special state fleet sedan or station wagon must be no larger than an intermediate model. The director of the Division of Motor Vehicle Management State Fleet Manager shall determine the types of vehicles which fit into these classes. Only these classes of sedans and station wagons may be purchased by the State for nonlaw enforcement use.
(C) The State shall purchase police sedans only for the use of law enforcement officers, as defined by the Internal Revenue Code. Purchase of a vehicle under this subsection must be concurred in by the director of the Division of Motor Vehicle Management State Fleet Manager and must be in accordance with regulations promulgated or procedures adopted under Sections 1-11-220 through 1-11-340 which must take into consideration the agency's mission, the intended use of the vehicle, and the officer's duties. Law enforcement agency vehicles used by employees whose job functions do not meet the Internal Revenue Service definition of 'Law Enforcement Officer' must be standard or special state fleet sedans.
(D) All state motor vehicles must be titled to the State and must be received by and remain in the possession of the Division Program of Motor Vehicle Fleet Management pending sale or disposal of the vehicle.
(E) Titles to school buses and service vehicles operated by the State Department of Education and vehicles operated by the South Carolina Department of Transportation must be retained by those agencies.
(F) Exceptions to requirements in subsections (B) and (C) must be approved by the director of the Division of Motor Vehicle Management State Fleet Manager. Requirements in subsection (B) do not apply to the State Development Board.
(G) Preference in purchasing state motor vehicles must be given to vehicles assembled in the United States with at least seventy-five percent domestic content as determined by the appropriate federal agency.
Section 1-11-315. The State Budget and Control Board South Carolina Department of Administration, Division of General Services, program of Motor Vehicle Fleet Management, shall determine the extent to which the state vehicle fleet can be configured to operate on alternative transportation fuels. This determination must be based on a thorough evaluation of each alternative fuel and the feasibility of using such fuels to power state vehicles. The state fleet must be configured in a manner that will serve as a model for other corporate and government fleets in the use of alternative transportation fuel. By March 1, 1993, the Division Program of Motor Vehicle Fleet Management must submit a plan to the General Assembly for the use of alternative transportation fuels for the state vehicle fleet that will enable the state vehicle fleet to serve as a model for corporate and other government fleets in the use of alternative transportation fuel. This plan must contain a cost/benefit analysis of the proposed changes.
Section 1-11-320. The Board department shall ensure that all state-owned motor vehicles are identified as such through the use of permanent state-government state government license plates and either state or agency seal decals. No vehicles shall be exempt from the requirements for identification except those exempted by the Board department.
This section shall not apply to vehicles supplied to law enforcement officers when, in the opinion of the Board department after consulting with the Chief of the State Law Enforcement Division, those officers are actually involved in undercover law enforcement work to the extent that the actual investigation of criminal cases or the investigators' physical well-being would be jeopardized if they were identified. The Board department is authorized to exempt vehicles carrying human service agency clients in those instances in which the privacy of the client would clearly and necessarily be impaired.
Section 1-11-335. The respective divisions of the Budget and Control Board and the South Carolina Department of Administration are authorized to provide to and receive from other governmental entities, including other divisions and state and local agencies and departments, goods and services, as will in its opinion promote efficient and economical operations. The divisions may charge and pay the entities for the goods and services, the revenue from which shall be deposited in the state treasury in a special account and expended only for the costs of providing the goods and services, and such funds may be retained and expended for the same purposes.
Section 1-11-340. The Board department shall develop and implement a statewide Fleet Safety Program for operators of state-owned vehicles which shall serve to minimize the amount paid for rising insurance premiums and reduce the number of accidents involving state-owned vehicles. The Board department shall promulgate rules and regulations requiring the establishment of an accident review board by each agency and mandatory driver training in those instances where remedial training for employees would serve the best interest of the State."
SECTION 9. A. Chapter 9, Title 3 of the 1976 Code is amended to read:
Section 3-9-10. (a) The Upon review and approval by the Budget and Control Board, the Division of General Services of the State Budget and Control Board South Carolina Department of Administration is authorized:
(1) To acquire from the United States of America under and in conformance with the provisions of Section 203 (j) of the Federal Property and Administrative Services Act of 1949, as amended, hereafter referred to as the 'act,' such property, including equipment, materials, books, or other supplies under the control of any department or agency of the United States of America as may be usable and necessary for purposes of education, public health or civil defense, including research for any such purpose, and for such other purposes as may now or hereafter be authorized by Federal law;
(2) To warehouse such property; and
(3) To distribute such property within the State to tax-supported medical institutions, hospitals, clinics, health centers, school systems, schools, colleges and universities within the State, to other nonprofit medical institutions, hospitals, clinics, health centers, schools, colleges and universities which are exempt from taxation under Section 501 (c) (3) of the United States Internal Revenue Code of 1954, to civil defense organizations of the State, or political subdivisions and instrumentalities thereof, which are established pursuant to State law, and to such other types of institutions or activities as may now be or hereafter become eligible under Federal law to acquire such property.
(b) The Division of General Services of the Department of Administration is authorized to receive applications from eligible health and educational institutions for the acquisition of Federal surplus real property, investigate the applications, obtain expression of views respecting the applications from the appropriate health or educational authorities of the State, make recommendations regarding the need of such applicant for the property, the merits of its proposed program of utilization, the suitability of the property for the purposes, and otherwise assist in the processing of the applications for acquisition of real and related personal property of the United States under Section 203 (k) of the act.
(c) For the purpose of executing its authority under this chapter, the Division of General Services is authorized to adopt, amend or rescind rules and regulations and prescribe such requirements as may be deemed necessary; and take such other action as is deemed necessary and suitable, in the administration of this chapter, to assure maximum utilization by and benefit to health, educational and civil defense institutions and organizations within the State from property distributed under this chapter.
(d) The Budget and Control Board South Carolina Department of Administration is authorized to appoint advisory boards or committees, and to employ such personnel and prescribe their duties as are deemed necessary and suitable for the administration of this chapter.
(e) The Director of the Division of General Services is authorized to make such certifications, take such action and enter into such contracts, agreements and undertakings for and in the name of the State (including cooperative agreements with any Federal agencies providing for utilization of property and facilities by and exchange between them of personnel and services without reimbursement), require such reports and make such investigations as may be required by law or regulation of the United States of America in connection with the receipt, warehousing and distribution of personal property received by him from the United States of America.
(f) The Division of General Services is authorized to act as clearinghouse of information for the public and private nonprofit institutions, organizations and agencies referred to in subparagraph (a) of this section and other institutions eligible to acquire federal surplus personal property, to locate both real and personal property available for acquisition from the United States of America, to ascertain the terms and conditions under which such property may be obtained, to receive requests from the above-mentioned institutions, organizations and agencies and to transmit to them all available information in reference to such property, and to aid and assist such institutions, organizations and agencies in every way possible in the consummation of acquisitions or transactions hereunder.
(g) The Division of General Services, in the administration of this chapter, shall cooperate to the fullest extent consistent with the provisions of the act, and with the departments or agencies of the United States of America, and shall file a State plan of operation, and operate in accordance therewith, and take such action as may be necessary to meet the minimum standards prescribed in accordance with the act, and make such reports in such form and containing such information as the United States of America or any of its departments or agencies may from time to time require, and it shall comply with the laws of the United States of America and the rules and regulations of any of the departments or agencies of the United States of America governing the allocation, transfer, use or accounting for, property donable or donated to the State.
Section 3-9-20. The Director of the Division of General Services may delegate such power and authority as he deems reasonable and proper for the effective administration of this chapter. The State Budget and Control Board South Carolina Department of Administration may require bond of any person in the employ of the Division of General Services receiving or distributing property from the United States under authority of this chapter.
Section 3-9-30. Any charges made or fees assessed by the Division of General Services for the acquisition, warehousing, distribution or transfer of any property of the United States of America for educational, public health or civil defense purposes, including research for any such purpose, or for any purpose which may now be or hereafter become eligible under the act, shall be limited to those reasonably related to the costs of care and handling in respect to its acquisition, receipt, warehousing, distribution or transfer.
Section 3-9-40. The provisions of this chapter shall not apply to the acquisition of property acquired by agencies of the State under the priorities established by Section 308 (b), Title 23, United States Code, Annotated."
B. Sections 10-1-10, 10-1-20, 10-1-30, and 10-1-40 of the 1976 Code are amended to read:
"Section 10-1-10. (A) The State Budget and Control Board South Carolina Department of Administration, Division of General Services, shall keep, landscape, cultivate and beautify the State House and State House grounds with authority to expend such amounts as may be annually appropriated therefor. The Board department shall employ all help and labor in policing, protecting and caring for the State House and State House grounds and shall have full authority over them.
(B) The State Budget and Control Board shall keep and maintain the State House, Blatt Office Building, Gressette Office Building, Supreme Court Building, and Calhoun Office Building with authority to expend amounts as may be appropriated annually therefor and shall have full authority over the buildings. The board shall employ all help and labor in policing, protecting, and caring for the State House and shall have full authority over it.
Section 10-1-20. The State Budget and Control Board department shall report to the General Assembly annually all its acts and doings in the improvement of said grounds, together with an itemized statement of all money expended.
Section 10-1-30. (A) The Director of the Division of General Services of the State Budget and Control Board South Carolina Department of Administration may authorize the use of the State House lobbies, the State House steps and grounds, and other public buildings, except for the State House, and grounds in accordance with regulations promulgated by the board department. (B) The Budget and Control Board may authorize the use of the State House lobbies and the Gressette and Blatt Office Buildings in accordance with restrictions set by the board. The director board shall obtain the approval of the Clerk of the Senate before authorizing any use of the Gressette Building and shall obtain the approval of the Clerk of the House of Representatives before authorizing any use of the Blatt Building.
(C) The regulations restrictions upon the use of the buildings and grounds must contain provisions to insure ensure that the public health, safety, and welfare will be are protected in the use of the areas including reasonable time, place, and manner restrictions and application periods before use. If sufficient measures cannot be are not taken to protect the public health, safety, and welfare, the director, or the Budget and Control Board, respectively, shall deny the requested use. Other restrictions may be imposed on the use of the areas as are necessary for the conduct of business in those areas and the maintenance of the dignity, decorum, and aesthetics of the areas.
Section 10-1-40. There is hereby established a committee to be known as the 'State House Committee', consisting of five members of the Senate, appointed by the Lieutenant Governor and five members of the House of Representatives, appointed by the Speaker, whose duties shall be to review all proposals for alterations and/or renovations to the State House. No alterations or renovations shall be undertaken without the approval of this committee."
C. Section 10-1-130 of the 1976 Code is amended to read:
"Section 10-1-130. The trustees or governing bodies of State institutions and agencies may grant easements and rights of way over any property under their control, upon the recommendation of the Department of Administration and the concurrence and acquiescence of the State Budget and Control Board, whenever it appears that such easements will do not materially impair the utility of the property or damage it and, when a consideration is paid therefor, any such amounts shall must be placed in the State Treasury to the credit of the institution or agency having control of the property involved."
D. Section 10-1-190 of the 1976 Code, as added by Act 145 of 1995, is amended to read:
"Section 10-1-190. As part of the approval process relating to trades of state property for nonstate property, the Budget and Control Board South Carolina Department of Administration is authorized to approve the application of any net proceeds resulting from such a transaction to the improvement of the property held by the board department, subject to the approval of the Budget and Control Board."
E. Section 10-11-50 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 10-11-50. It shall be unlawful for anyone to park any vehicle on any of the property described in Section 10-11-40 and subsection (2) of Section 10-11-80 except in the spaces and manner now marked and designated or that may hereafter be marked and designated by the State Budget and Control Board South Carolina Department of Administration, in cooperation with the Department of Transportation, or to block or impede traffic through the alleys and driveways."
F. Section 10-11-90 of the 1976 Code is amended to read:
"Section 10-11-90. The watchmen and policemen employed by the Budget and Control Board for the protection of the property described in Sections 10-11-30 and 10-11-40 and subsection (2) of Section 10-11-80 are hereby vested with all of the powers, privileges and immunities of constables while on this area or in fresh pursuit of those violating the law in this area, provided that such watchmen and policemen take and file the oath required of peace officers, execute and file bond in the form required of State constables, in the amount of one thousand dollars, with the Budget and Control Board, and be duly commissioned by the Governor."
G. Section 10-11-110 of the 1976 Code is amended to read:
"Section 10-11-110. In connection with traffic and parking violations only, the watchmen and policemen referred to in Section 10-11-90, State highway patrolmen and policemen of the city of Columbia shall have the right to issue and use parking tickets of the type used by the city of Columbia, with such changes as are necessitated hereby, to be prepared and furnished by the Budget and Control Board South Carolina Department of Administration, upon the issuance of which the procedures shall be followed as prevail in connection with the use of parking tickets by the city of Columbia. Nothing herein shall restrict the application and use of regular arrest warrants."
H. Section 10-11-140 of the 1976 Code is amended to read:
"Section 10-11-140. Nothing contained in this article shall be construed to abridge the authority of the State Budget and Control Board South Carolina Department of Administration to grant permission to use the State House grounds for educational, electrical decorations and similar purposes."
I. Section 10-11-330 of the 1976 Code is amended to read:
"Section 10-11-330. It shall be unlawful for any person or group of persons willfully and knowingly: (a) to enter or to remain within the capitol building unless such person is authorized by law or by rules of the House or Senate or of the State Budget and Control Board or the South Carolina Department of Administration, respectively, when such entry is done for the purpose of uttering loud, threatening and abusive language or to engage in any disorderly or disruptive conduct with the intent to impede, disrupt or disturb the orderly conduct of any session of the legislature or the orderly conduct within the building or of any hearing before or any deliberation of any committee or subcommittee of the legislature; (b) to obstruct or to impede passage within the capitol grounds or building; (c) to engage in any act of physical violence upon the capitol grounds or within the capitol building; or (d) to parade, demonstrate or picket within the capitol building."
J Section 1-10-10 of the 1976 Code, as added by Act 292 of 2000, is amended to read:
"Section 1-10-10. (A) As of 12:00 noon on the effective date of this act, and permanently thereafter, the only flags authorized to be flown atop the dome of the State House, in the chambers of the Senate and House of Representatives, and on the grounds of the Capitol Complex shall be as authorized in this section.
The flags authorized to be flown atop the dome of the State House and in the chambers of the Senate and House of Representatives are the United States Flag and the South Carolina State Flag. As of 12:00 noon on the effective date of this act, the flag authorized to be flown at a designated location on the grounds of the Capitol Complex is the South Carolina Infantry Battle Flag of the Confederate States of America [the Battle Flag of the Army of Northern Virginia (General Robert E. Lee's Army) the South Carolina, Georgia, Florida Department version]. This flag must be flown on a flagpole located at a point on the south side of the Confederate Soldier Monument, centered on the monument, ten feet from the base of the monument at a height of thirty feet. The flagpole on which the flag is flown and the area adjacent to the monument and flagpole must be illuminated at night and an appropriate decorative iron fence must be erected around the flagpole.
The South Carolina Infantry Battle Flag of the Confederate States of America is square measuring fifty-two inches on each side, inclusive of the white border, with a St. Andrews Cross of blue, edged with white, with thirteen equal five-pointed stars, upon a red field, with the whole banner bordered in white. The blue arms of the cross are 7.5 inches wide and the white border around the flag proper is 1.5 inches wide. The stars are five-pointed, inscribed within a circle six inches in diameter, and are uniform in size.
From any funds appropriated to it, the Budget and Control Board,the division of general services of the budget and control board or its successor in interest successor-in-interest, shall ensure that the flags authorized above shall be placed at all times as directed in this section and shall replace the flags at appropriate intervals as may be necessary due to wear.
(B) The provisions of this section may only be amended or repealed only upon passage of an act which has received a two-thirds vote on the third reading of the bill in each branch of the General Assembly.
(C) The term 'chambers' of the House or Senate for the purposes of this section does not include individual members' offices. The provisions of this section do not prohibit a private individual on the capitol complex grounds from wearing as a part of his clothing or carrying or displaying any type of flag including a Confederate Flag."
K. Section 11-9-630 of the 1976 Code is amended to read:
Section 11-9-630. The Subject to the approval of the State Budget and Control Board, the South Carolina Department of Administration shall sell and convey, for and on behalf of the State, all such real property, assets and effects belonging to the State as are not in actual public use, such sales to be made from time to time in such manner and upon such terms as it may deem most advantageous to the State. This shall not be construed to authorize the sale by the Board department of any property held in trust for a specific purpose by the State or the property of the State in the phosphate rocks or phosphatic deposits in the beds of the navigable streams and waters and marshes of the State."
L. Sections 11-35-3810, 11-35-3820, 11-35-3830, and 11-35-3840, all as amended by Act 153 of 1997, are further amended to read:
"Section 11-35-3810. Subject to existing provisions of law, the board department South Carolina Department of Administration shall promulgate regulations governing:
(1) the sale, lease, or disposal of surplus supplies by public auction, competitive sealed bidding, or other appropriate methods designated by such regulations;
(2) the transfer of excess supplies between agencies and departments.
Section 11-35-3820. Except as provided in Section 11-35-1580 and Section 11-35-3830 and the regulations pursuant thereto, the sale of all state-owned supplies, property, or personal property not in actual public use shall be conducted and directed by the Office Division of General Services of the South Carolina Department of Administration. Such sales shall be held at such places and in such manner as in the judgment of the Office Division of General Services shall be most advantageous to the State. Unless otherwise determined, sales shall be by either public auction or competitive sealed bid to the highest bidder. Each governmental body shall inventory and report to the Office of General Services division all surplus personal property not in actual public use held by that agency for sale. The Office of General Services division shall deposit the proceeds from such sales, less expense of the sales, in the state general fund or as otherwise directed by regulation. This policy and procedure shall apply to all governmental bodies unless exempt by law.
Section 11-35-3830. (1) Trade-in Value. Unless otherwise provided by law, governmental bodies may trade-in personal property, the trade-in value of which may be applied to the procurement or lease of like items. The trade-in trade in value of such personal property shall not exceed an amount as specified in regulations promulgated by the board Department of Administration.
(2) Approval of Trade-in Sales. When the trade-in value of personal property of a governmental body exceeds the specified amount, the board Department of Administration shall have the authority to determine whether:
(a) the subject personal property shall be traded in and the value applied to the purchase of new like items; or
(b) the property shall be classified as surplus and sold in accordance with the provisions of Section 11-35-3820. The board departmental determination shall be in writing and be subject to the provisions of this chapter.
(3) Record of Trade-in Sales. Governmental bodies shall submit quarterly to the materials management officer a record listing all trade-in sales made under subsections (1) and (2) of this section.
Section 11-35-3840. The Office of General Services of the State Budget and Control Board may license for public sale publications and materials pertaining to training programs and information technology products which are developed during the normal course of the Office's board's activities. Such The items shall must be licensed at such reasonable costs as are established in accordance with the cost of the items. All proceeds from the sale of the publications and materials shall must be placed in a revenue account and expended for the cost of providing such services."
M. Section 11-35-4020 of the 1976 Code, as last amended by Act 153 of 1997, is further amended to read:
"Section 11-35-4020. Governmental bodies approved by the board South Carolina Department of Administration may sell any supplies owned by it after such supplies have become entirely unserviceable and can properly be classified as 'junk', in accordance with procedures established by the Office Division of General Services. All sales of unserviceable supplies by the governmental body shall be made in public to the highest bidder, after advertising for fifteen days, and the funds from such sales shall be credited to the account of the governmental body owning and disposing of such unserviceable supplies."
N. Section 44-53-530(a) and (b) is amended to read:
"Section 44-53-530. (a) Forfeiture of property defined in Section 44-53-520 must be accomplished by petition of the Attorney General or his designee or the circuit solicitor or his designee to the court of common pleas for the jurisdiction where the items were seized. The petition must be submitted to the court within a reasonable time period following seizure and shall set forth the facts upon which the seizure was made. The petition shall describe the property and include the names of all owners of record and lienholders of record. The petition shall identify any other persons known to the petitioner to have interests in the property. Petitions for the forfeiture of conveyances shall also include: the make, model, and year of the conveyance, the person in whose name the conveyance is registered, and the person who holds the title to the conveyance. The petition shall set forth the type and quantity of the controlled substance involved. A copy of the petition must be sent to each law enforcement agency which has notified the petitioner of its involvement in effecting the seizure. Notice of hearing or rule to show cause must be directed to all persons with interests in the property listed in the petition, including law enforcement agencies which have notified the petitioner of their involvement in effecting the seizure. Owners of record and lienholders of record may be served by certified mail, to the last known address as appears in the records of the governmental agency which records the title or lien.
The judge shall determine whether the property is subject to forfeiture and order the forfeiture confirmed. If the judge finds a forfeiture, he shall then determine the lienholder's interest as provided in this article. The judge shall determine whether any property must be returned to a law enforcement agency pursuant to Section 44-53-582.
If there is a dispute as to the division allocation of the proceeds of forfeited property among participating law enforcement agencies, this issue must be determined by the judge. The proceeds from a sale of property, conveyances, and equipment must be disposed of pursuant to subsection (e) of this section.
All property, conveyances, and equipment which will not be reduced to proceeds may be transferred to the law enforcement agency or agencies or to the prosecution agency. Upon agreement of the law enforcement agency or agencies and the prosecution agency, conveyances and equipment may be transferred to any other appropriate agency. Property transferred must not be used to supplant operating funds within the current or future budgets. If the property seized and forfeited is an aircraft or watercraft and is transferred to a state law enforcement agency or other state agency pursuant to the provisions of this subsection, its use and retainage by that agency shall be at the discretion and approval of the Budget and Control Board South Carolina Department of Administration.
(b) If the property is seized by a state law enforcement agency and is not transferred by the court to the seizing agency, the judge shall order it transferred to the Division of General Services of the Department of Administration for sale. Proceeds may be used by the division for payment of all proper expenses of the proceedings for the forfeiture and sale of the property, including the expenses of seizure, maintenance, and custody, and other costs incurred by the implementation of this section. The net proceeds from any sale must be remitted to the State Treasurer as provided in subsection (g) of this section. The Division of General Services of the South Carolina Department of Administration may authorize payment of like expenses in cases where monies, negotiable instruments, or securities are seized and forfeited."
O. Sections 1-11-55, 1-11-56, 1-11-57, and 1-11-58, all as added by Act 153 of 1997, are amended to read:
"Section 1-11-55. (1) 'Governmental body' means a state government department, commission, council, board, bureau, committee, institution, college, university, technical school, legislative body, government corporation, or other establishment or official of the executive, judicial, or legislative branches branch of this State. Governmental body excludes the General Assembly, Legislative Council, the Office of Legislative Printing, Information and Technology Systems, the Judicial Department, and all local political subdivisions such as counties, municipalities, school districts, or public service or special purpose districts.
(2) The Budget and Control Board South Carolina Department of Administration, Division of General Services, is hereby designated as the single central broker for the leasing of real property for governmental bodies. No governmental body shall enter into any lease agreement or renew any existing lease except in accordance with the provisions of this section.
(3) When any governmental body needs to acquire real property for its operations or any part thereof and state-owned property is not available, it shall notify the Office Division of General Services of its requirement on rental request forms prepared by the office. Such forms shall indicate the amount and location of space desired, the purpose for which it shall be used, the proposed date of occupancy and such other information as General Services may require. Upon receipt of any such request, General Services shall conduct an investigation of available rental space which would adequately meet the governmental body's requirements, including specific locations which may be suggested and preferred by the governmental body concerned. When suitable space has been located which the governmental body and the office division agree meets necessary requirements and standards for state leasing as prescribed in procedures of the board department as provided for in subsection (5) of this section, General Services shall give its written approval to the governmental body to enter into a lease agreement. All proposed lease renewals shall be submitted to General Services by the time specified by General Services.
(4) The board department shall adopt procedures to be used for governmental bodies to apply for rental space, for acquiring leased space, and for leasing state-owned space to nonstate lessees. Before implementation, these procedures must be submitted to the Budget and Control Board for approval.
(5) Any participant in a property transaction proposed to be entered who maintains that a procedure provided for in this section has not been properly followed, may request review of the transaction by the Director director of the Office Division of General Services of the Department of Administration or his designee.
Section 1-11-56. The State Budget and Control Board Department of Administration, Division of General Services, in an effort to ensure that funds authorized and appropriated for rent are used in the most efficient manner, is directed to develop a program to manage the leasing of all public and private space of state agencies. The department must submit regulations for the implementation of this section to the General Assembly as provided in the Administrative Procedures Act, Chapter 23 of Title 1. The board department regulations, upon General Assembly approval, shall include procedures for:
(1) assessing and evaluating agency needs, including the authority to require agency justification for any request to lease public or private space;
(2) establishing standards for the quality and quantity of space to be leased by a requesting agency;
(3) devising and requiring the use of a standard lease form (approved by the Attorney General) with provisions which assert and protect the state's prerogatives including, but not limited to, a right of cancellation in the event of:
(a) a nonappropriation for the renting agency,
(b) a dissolution of the agency, and
(c) the availability of public space in substitution for private space being leased by the agency;
(4) rejecting an agency's request for additional space or space at a specific location, or both;
(5) directing agencies to be located in public space, when available, before private space can be leased;
(6) requiring the agency to submit a multi-year financial plan for review by the board's budget office Budget and Control Board's Office of State Budget with copies sent to Ways and Means Committee and Senate Finance Committee, before any new lease for space is entered into; and requiring prior review by the Joint Bond Review Committee and the requirement of Budget and Control Board approval before the adoption of any new lease that commits more than one million dollars in a five-year period; and
(7) requiring prior review by the Joint Bond Review Committee and the requirement of Budget and Control Board departmental approval before the adoption of any new lease that commits more than one million dollars in a five-year period.
Section 1-11-57. (1) All transactions involving the exchange of title to real property, made for or by any governmental bodies, excluding political subdivisions of the State, must be recommended by the Department of Administration and approved by and recorded with the State Budget and Control Board. Upon approval of an acquisition of title by any governmental body by the Budget and Control Board, there must be recorded simultaneously with the deed, a certificate of acceptance, which acknowledges the board's approval of the acquisition. The county recording authority cannot accept for recording any deed not accompanied by a certificate of acceptance. The board may exempt a governmental body from the provisions of this subsection.
(2) All state agencies, departments, and institutions authorized by law to accept gifts of tangible personal property shall have executed by its governing body an acknowledgment of acceptance prior to transfer of the tangible personal property to the agency, department, or institution.
Section 1-11-58. (1) Every state agency, as defined by Section 1-19-40, shall annually perform an inventory and prepare a report of all residential and surplus real property owned by it. The report shall be submitted to the State Budget and Control Board Department of Administration, Office Division of General Services, on or before June thirtieth and shall indicate current use, current value, and projected use of the property. Property not currently being utilized for necessary agency operations shall be made available for sale and funds received from the sale of the property shall revert to the general fund.
(2) The Office Division of General Services will shall review the annual reports addressing real property submitted to it and determine the real property which is surplus to the State. A central listing of such property will be maintained for reference in reviewing subsequent property acquisition needs of agencies.
(3) Upon receipt of a request by an agency to acquire additional property, the Office Division of General Services shall review the surplus property list to determine if the agency's needs can may be met from existing state-owned property. If such property is identified, the Office division of General Services shall act as broker in transferring the property to the requesting agency under terms and conditions that are mutually agreeable to the agencies involved.
(4) The Budget and Control Board department may authorize the Office Division of General Services to sell any unassigned surplus real property. The Office of General Services division shall have the discretion to determine the method of disposal to be used, which possible methods include: auction, sealed bids, listing the property with a private broker or any other method determined by the Office of General Services division to be commercially reasonable considering the type and location of property involved."
P. Section 1-11-65 of the 1976 Code, as last amended by Act 26 of 1989, and Sections 1-11-67, 1-11-70, 1-11-80, 1-11-90, 1-11-100, and 1-11-110 of the 1976 Code are amended to read:
"Section 1-11-65. (A) All transactions involving real property, made for or by any governmental bodies, excluding political subdivisions of the State, must be recommended by the Department of Administration and approved by and recorded with the State Budget and Control Board. Upon approval of the transaction by the Budget and Control Board, there must be recorded simultaneously with the deed, a certificate of acceptance, which acknowledges the board's approval of the transaction. The county recording authority cannot accept for recording any deed not accompanied by a certificate of acceptance. The board may exempt a governmental body from the provisions of this subsection.
(B) All state agencies, departments, and institutions authorized by law to accept gifts of tangible personal property shall have executed by its governing body an acknowledgment of acceptance prior to transfer of the tangible personal property to the agency, department, or institution.
Section 1-11-67. The State Budget and Control Board shall assess and collect a rental charge from all state departments and agencies that occupy State Budget and Control Board space in state-controlled office buildings. The amount charged each department or agency must be calculated on a square foot, or other equitable basis of measurement, and at rates that will yield sufficient total annual revenue to cover the annual principal and interest due or anticipated on the Capital Improvement Obligations for projects administered or planned by the Office of General Services, and maintenance and operation costs of State Budget and Control Board-controlled office buildings under the supervision of the Office of General Services. The amount collected must be deposited in a special account and must be expended only for payment on Capital Improvement Obligations and maintenance and operations costs of the buildings under the supervision of the Office of General Services.
All departments and agencies against which rental charges are assessed and whose operations are financed in whole or in part by federal or other nonappropriated funds are both directed to apportion the payment of these charges equitably among all funds to ensure that each bears its proportionate share.
Section 1-11-70. All vacant lands and lands purchased by the former land commissioners of the State shall be are subject to the directions of the State Budget and Control Board Department of Administration.
Section 1-11-80. The State Budget and Control Board, after consultation with the South Carolina Department of Administration, is authorized to grant easements and rights of way to any person for construction and maintenance of power lines, pipe lines, water and sewer lines and railroad facilities over, on or under such vacant lands or marshland as are owned by the State, upon payment of the reasonable value thereof.
Section 1-11-90. The State Budget and Control Board, after consultation with the South Carolina Department of Administration, may grant to agencies or political subdivisions of the State, without compensation, rights of way through and over such marshlands as are owned by the State for the construction and maintenance of roads, streets and highways or power or pipe lines, if, in the judgment of the Budget and Control Board, the interests of the State will not be adversely affected thereby.
Section 1-11-100. Deeds or other instruments conveying such rights of way or easements over such marshlands or vacant lands as are owned by the State shall be executed by the Governor in the name of the State, when recommended by the South Carolina Department of Administration and authorized by resolution of the Budget and Control Board, duly recorded in the minutes and records of such Board and when duly approved by the office of the Attorney General; deeds or other instruments conveying such easements over property in the name of or under the control of State agencies, institutions, commissions or other bodies shall be executed by the majority of the governing body thereof, shall name both the State of South Carolina and the institution, agency, commission or governing body as grantors, and shall show the written approval of the majority of the members of the State Budget and Control Board.
Section 1-11-110. (1) The State Budget and Control Board, after consultation with the South Carolina Department of Administration, is authorized to acquire real property, including any estate or interest therein, for, and in the name of, the State of South Carolina by gift, purchase, condemnation or otherwise.
(2) The State Budget and Control Board, after consultation with the South Carolina Department of Administration, shall make use of the provisions of the Eminent Domain Procedure Act (Chapter 2 of Title 28) if it is necessary to acquire real property by condemnation. The actions must be maintained by and in the name of the board. The right of condemnation is limited to the right to acquire land necessary for the development of the capitol complex mall in the City of Columbia."
Q. Section 1-11-180 of the 1976 Code, as added by Act 145 of 1995, is amended to read:
"Section 1-11-180. (A) In addition to the powers granted the Budget and Control Board South Carolina Department of Administration under this chapter or any other provision of law, the board department may:
(1) survey, appraise, examine, and inspect the condition of state property to determine what is necessary to protect state property against fire or deterioration and to conserve the use of the property for state purposes;
(2) approve the destruction or disposal of state agency records;
(3) require submission and approval of plans and specifications for permanent improvements by a state department, agency, or institution before a contract is awarded for the permanent improvement;
(4) approve blanket bonds for a state department, agency, or institution including bonds for state officials or personnel. However, the form and execution of blanket bonds must be approved by the Attorney General;
(5)(3) contract to develop an energy utilization management system for state facilities under its control and to assist other agencies and departments in establishing similar programs. However, this does not authorize capital expenditures.
(B) The Budget and Control Board South Carolina Department of Administration may shall promulgate regulations necessary to carry out this section."
R. Sections 11-9-610, and 11-9-620 of the 1976 Code are amended to read:
"Section 11-9-610. The State Budget and Control Board South Carolina Department of Administration shall receive and manage the incomes and revenues set apart and applied to the Sinking Fund of the State. The department must report annually on the financial status of the Sinking Fund to the Budget and Control Board.
Section 11-9-620. All moneys monies arising from the redemption of lands, leases, and sales of property or otherwise coming to the State Budget and Control Board South Carolina Department of Administration for the Sinking Fund, shall must be paid into the State Treasury and shall be kept on a separate account by the Treasurer as a fund to be drawn upon the warrants of the Board department for the exclusive uses and purposes which have been or shall be declared in relation to the Sinking Fund."
S. Chapter 9, Title 10 of the 1976 Code of Laws is amended to read:
Section 10-9-10. The Public Service Authority may, through its board of directors, make and execute leases of gas, oil and other minerals and mineral rights, excluding phosphate and lime and phosphatic deposits, over and upon the lands and properties owned by said Authority; and the State Budget and Control Board South Carolina Department of Administration and the forfeited land commissions of the several counties of this State may, with the approval of the Attorney General, make and execute such leases over and upon the lands and waters of the State and of the several counties under the ownership, management, or control of such Board the department and commissions respectively.
Section 10-9-20. No such lease shall provide for a royalty of less than twelve and one-half per cent of production of oil and gas from the lease.
Section 10-9-30. Nothing contained in this article shall estop the State from enacting proper laws for the conservation of the oil, gas and other mineral resources of the State and all leases and contracts made under authority of this article shall be subject to such laws; provided, that the State Budget and Control Board South Carolina Department of Administration may negotiate for leases of oil, gas and other mineral rights upon all of the lands and waters of the State, including offshore marginal and submerged lands.
Section 10-9-35. In the event that the State of South Carolina is the recipient of revenues derived from offshore oil leases within the jurisdictional limits of the State such revenues shall be deposited with the State Treasurer in a special fund and shall be expended only by authorization of the General Assembly.
Funds so accumulated shall be expended only for the following purposes:
(1) to retire the bonded indebtedness incurred by South Carolina;
(2) for capital improvement expenditures.
Section 10-9-40. The authority conferred upon the Public Service Authority, the State Budget and Control Board South Carolina Department of Administration, and the forfeited land commissions by this article shall be cumulative and in addition to the rights and powers heretofore vested by law in such Authority, such State Budget and Control Board the South Carolina Department of Administration, and such commissions, respectively.
Section 10-9-110. The State Budget and Control Board South Carolina Department of Administration shall be charged with the exclusive control and protection of the rights and interest of the State in the phosphate rocks and phosphatic deposits in the navigable streams and in the marshes thereof.
Section 10-9-120. The Board department may inquire into and protect the interests of the State in and to any phosphatic deposits or mines, whether in the navigable waters of the State or in land marshes or other territory owned or claimed by other parties, and in the proceeds of any such mines and may take such action for, or in behalf of, the State in regard thereto as it may find necessary or deem proper.
Section 10-9-130. The Board department may issue to any person who applies for a lease or license granting a general right to dig, mine and remove phosphate rock and phosphatic deposits from all the navigable streams, waters and marshes belonging to the State and also from such of the creeks, not navigable, lying therein as may contain phosphate rock and deposits belonging to the State and not previously granted. Such leases or licenses may be for such terms as may be determined by the Board department. The annual report of the Board department to the General Assembly shall include a list of all effective leases and licenses. The Board department may make a firm contract for the royalty to be paid the State which shall not be increased during the life of the license. Provided, that prior to the grant or issuance of any lease or license, the Board department shall cause to be published a notice of such application in a newspaper having general circulation in the county once a week for three successive weeks prior to the grant or issuance. Provided, further However, the lessee or licensee may shall not take possession if there be is an adverse claim and the burden of proving ownership in the State shall be placed upon the lessee or licensee.
Section 10-9-140. In every case in which such an application shall be is made to the Board department for a license, the Board department may grant or refuse the license as it may deem considers best for the interest of the State and the proper management of the interests of the State in such those deposits.
Section 10-9-150. As a condition precedent to the right to dig, mine, and remove the rocks and deposits granted by any such a license, each licensee shall enter into bond, with security, in the penal sum of five thousand dollars, conditioned for the making at the end of every month of true and faithful returns to the Comptroller General of the number of tons of phosphate rock and phosphatic deposits so dug or mined and the punctual payment to the State Treasurer of the royalty provided at the end of every quarter or three months. Such The bond and sureties thereon shall be are subject to the approval required by law for the bonds of State officers.
Section 10-9-160. Whenever the Board department shall have reason to doubt the solvency of any surety whose name appears upon any bond executed for the purpose of securing the payment of the phosphate royalty by any person digging, mining and removing phosphate rock or phosphatic deposits in any of the territory, the property of the State, under any grant or license, the Board department shall forthwith notify the person giving such bond and the sureties thereon and require that one or more sureties, as the case may be, shall be added to the bond, such surety or sureties to be approved by the Board department.
Section 10-9-170. The Board department, upon petition filed by any person who is surety on any such bond as aforesaid and who considers himself in danger of being injured by such suretyship, shall notify the person giving such bond to give a new bond with other sureties and upon failure of such person to do so within thirty days shall cause such person to suspend further operations until a new bond be given. But in In no case shall the sureties on the old bond be discharged from liability thereon until the new bond has been executed and approved, and such sureties shall not be discharged from any antecedent liability by reason of such suretyship.
Section 10-9-180. The Board department is hereby vested with full and complete power and control over all mining in the phosphate territory belonging to this State and over all persons digging or mining phosphate rock or phosphatic deposit in the navigable streams and waters or in the marshes thereof, with full power and authority, subject to the provisions of Sections 10-9-130 and 10-9-190 to fix, regulate, raise or reduce such royalty per ton as shall from time to time be paid to the State by such persons for all or any such phosphate rock dug, mined, removed and shipped or otherwise sent to the market therefrom. But six Six months' notice shall be given all persons at such time digging or mining phosphate rock in such navigable streams, waters or marshes before any increase shall be made in the rate of royalty theretofore existing.
Section 10-9-190. Each person to whom a license shall be issued must, at the end of every month, make to the Comptroller General a true and lawful return of the phosphate rock and phosphatic deposits he may have dug or mined during such month and shall punctually pay to the State Treasurer, at the end of every quarter or three months, a royalty of five cents per ton upon each and every ton of the crude rock (not of the rock after it has been steamed or dried), the first quarter to commence to run on the first day of January in each year.
Section 10-9-200. The State Budget and Control Board South Carolina Department of Administration shall, within twenty days after the grant of any license as aforesaid, notify the Comptroller General of the issuing of such license, with the name of the person to whom issued, the time of the license and the location for which it was issued.
Section 10-9-210. Every person who shall dig, mine or remove any phosphate rock or phosphatic deposit from the beds of the navigable streams, waters and marshes of the State without license therefor previously granted by the State to such person shall be liable to a penalty of ten dollars for each and every ton of phosphate rock or phosphatic deposits so dug, mined or removed, to be recovered by action at the suit of the State in any court of competent jurisdiction. One half of such penalty shall be for the use of the State and the other half for the use of the informer.
Section 10-9-220. It shall be unlawful for any person to purchase or receive any phosphate rock or phosphatic deposit dug, mined or removed from the navigable streams, waters or marshes of the State from any person not duly authorized by act of the General Assembly of this State or license of the Board department to dig, mine or remove such phosphate rock or phosphatic deposit.
Section 10-9-230. Any person violating Section 10-9-220 shall forfeit to the State the sum of ten dollars for each and every ton of phosphate rock or phosphatic deposit so purchased or received, to be recovered by action in any court of competent jurisdiction. One half of such forfeiture shall be for the use of the State and the other half for the use of the informer.
Section 10-9-240. Should any person whosoever interfere with, obstruct or molest or attempt to interfere with, obstruct or molest the Board department or anyone by it authorized or licensed hereunder in the peaceable possession and occupation for mining purposes of any of the marshes, navigable streams or waters of the State, then the Board department may, in the name and on behalf of the State, take such measures or proceedings as it may be advised are proper to enjoin and terminate any such molestation, interference or obstruction and place the State, through its agents, the Board department or any one under it authorized, in absolute and practical possession and occupation of such marshes, navigable streams or waters.
Section 10-9-250. Should any person attempt to mine or remove phosphate rock and phosphatic deposits from any of the marshes, navigable waters or streams, including the Coosaw River phosphate territory, by and with any boat, vessel, marine dredge or other appliances for such mining or removal, without the leave or license of the Board department thereto first had and obtained, all such boats, vessels, marine dredges and other appliances are hereby declared forfeited to and property of the State, and the Attorney General, for and in behalf of the State, shall institute proceedings in any court of competent jurisdiction for the claim and delivery thereof, in the ordinary form of action for claim and delivery, in which action the title of the State shall be established by the proof of the commission of any such act of forfeiture by the person owning them, or his agents, in possession of such boats, vessels, marine dredges or other appliances. In any such action the State shall not be called upon or required to give any bond or obligation such as is required by parties plaintiff in action for claim and delivery.
Section 10-9-260. Any person wilfully interfering with, molesting or obstructing or attempting to interfere with, molest or obstruct the State or the State Budget and Control Board South Carolina Department of Administration or anyone by it authorized or licensed in the peaceable possession and occupation of any of the marshes, navigable streams or waters of the State, including the Coosaw River phosphate territory, or who shall dig or mine or attempt to dig or mine any of the phosphate rock or phosphatic deposits of this State without a license so to do issued by the Board department shall be punished for each offense by a fine of not less than one hundred dollars nor more than five hundred dollars or imprisonment for not less than one nor more than twelve months, or both, at the discretion of the court.
Section 10-9-270. The Board department shall report annually to the General Assembly its actions and doings under this article during the year to the time of the meeting of the Assembly, with an itemized account of its expenses for the year incurred in connection with its duties and powers under this article.
Section 10-9-310. For purposes of this article geothermal resources mean the natural heat of the earth at temperatures greater than forty degrees Celsius and includes:
(1) The energy, including pressure, in whatever form present in, resulting from, created by, or that may be extracted from that natural heat.
(2) The material medium, including the brines, water, and steam naturally present, as well as any substance artificially introduced to serve as a heat transfer medium.
(3) All dissolved or entrained minerals and gases that may be obtained from the material medium but excluding hydrocarbon substances and helium.
Section 10-9-320. The State Budget and Control Board (board) South Carolina Department of Administration may lease development rights to geothermal resources underlying surface lands owned by the State. The board department must promulgate regulations regarding the method of lease acquisition, lease terms, and conditions due the State under lease operations. The South Carolina Department of Natural Resources is designated as the exclusive agent for the board in selecting lands to be leased, administering the competitive bidding for leases, administering the leases, receiving and compiling comments from other state agencies concerning the desirability of leasing the state lands proposed for leasing and such other activities that pertain to geothermal resource leases as may be included herein as responsibilities of the board department.
Section 10-9-330. Any lease of rights to drill for and use oil, natural gas, or minerals on public or private lands must not allow drilling for or use of geothermal energy by the lessee unless the instrument creating the lease specifically provides for such use."
T. Chapter 11 of Title 1 of the 1976 Code is amended by adding:
"Section 1-11-185. (A) In addition to the powers granted the Budget and Control Board pursuant to this chapter or another provision of law, the board may require submission and approval of plans and specifications for permanent improvements by a state department, agency, or institution before a contract is awarded for the permanent improvement.
(B) The Budget and Control Board may promulgate regulations necessary to carry out its duties.
(C) The respective divisions of the Budget and Control Board are authorized to provide to and receive from other governmental entities, including other divisions and state and local agencies and departments, goods and services as will in its opinion promote efficient and economical operations. The divisions may charge and pay the entities for the goods and services, the revenue from which must be deposited in the state treasury in a special account and expended only for the costs of providing the goods and services, and those funds may be retained and expended for the same purposes."
SECTION 10. A. Section 58-9-2540(B)(7) of the 1976 Code is amended to read:
"Section 58-9-2540. (B)(7) one representative from the office of the Division of Information Resource Management the Office of the Chief Information Officer, State Budget and Control Board; and"
B. Section 59-150-60(A)(9) of the 1976 Code, as added by Act 59 of 2001, is amended to read:
"Section 59-150-60. (A)(9) acquire or lease real property and make improvements on it and acquire by lease or by purchase personal property including, but not limited to, computers; mechanical, electronic, and on-line equipment and terminals; and intangible property including, but not limited to, computer programs, systems, and software. To achieve cost savings and efficiency, the commission shall use the telecommunications network service of the Budget and Control Board's Division of the Office of the Chief Information Resources Officer pursuant to Sections 1-11-430 and 11-35-1580 provided that the service is secure;"
C. Section 59-150-390 of the 1976 Code, as added by Act 59 of 2001, is amended to read:
Section 59-150-390. The State Department of Education, in consultation with the Budget and Control Board's Division of the Office of the Chief Information Resources Officer, the State Library, and the Education Television Commission, shall administer primary and secondary technology funding provided for in Section 59-150-350. These funds are intended to provide technology connectivity, hardware, software, and training for the K-12 public schools throughout the State and, to the maximum extent possible, involve public-private sector collaborative efforts. Funds allocated to the local school districts for technology expenditures must be distributed based on the number of students eligible for the free and reduced lunch program in grades 1-3."
SECTION 11. A. Section 1-11-20 of the 1976 Code is amended to read:
"Section 1-11-20. (A) The functions of the State Budget and Control Board shall be performed, exercised and discharged under the supervision and direction of the board through three divisions, the Finance Division (embracing the work of the State Auditor, the former State Budget Commission, the former State Finance Committee and the former Board of Claims for the State of South Carolina), the Purchasing and Property Division (embracing the work of the former Commissioners of the Sinking Fund, the former Board of Phosphate Commissioners, the State Electrician and Engineer, the former Commission on State House and State House Grounds, the central purchasing functions, the former Surplus Procurement Division of the State Research, Planning and Development Board and the Property Custodian) and the Division of Personnel Administration (embracing the work of the former retirement board known as the South Carolina Retirement System and the administration of all laws relating to personnel), each division to consist of a director and such clerical, stenographic and technical employees as may be necessary, to be employed by the respective directors with the approval of the Board. The State Auditor shall be the director of the Finance Division, ex officio, and the directors of the other divisions shall be employed by the State Budget and Control Board for such time and compensation, not greater than the term and compensation for the State Auditor, as shall be fixed by the board in its judgment.
(B)(1) Notwithstanding subsection (A), as of July 1, 2004, the Facilities Management, Business Operations, and Fleet Management Programs of the Division of General Services of the Budget and Control Board are transferred to, and incorporated into, the South Carolina Department of Administration.
(2) Notwithstanding another provision of law, if the Budget and Control Board maintains any responsibility related to a program administered by the Department of Administration, whether the responsibility be regulatory, oversight, approval, or other, the board may receive and expend revenues generated by the programs to support the board's responsibilities related to the programs. The funds may be retained and expended in subsequent fiscal years.
(C) Notwithstanding subsection (A), as of July 1, 2004, the Budget and Control Board contains an additional division, known as the Statehouse, Legislative, and Judicial Facilities Operations Division, responsible for the operations and management of the State House, Blatt Office Building, Gressette Office Building, Supreme Court Building, and Calhoun Office Building. This responsibility does not include grounds, safety, capital improvements, and leasing which are the responsibilities of the South Carolina Department of Administration."
B. Section 1-11-435 of the 1976 Code, as added by Act 339 of 2002, is amended to read:
"Section 1-11-435. To protect the state's critical information technology infrastructure and associated data systems in the event of a major disaster, whether natural or otherwise, and to allow the services to the citizens of this State to continue in such an event, the Office Division of the Office of the State Chief Information Officer in the Budget and Control Board (CIO) should develop a Critical Information Technology Infrastructure Protection Plan devising policies and procedures to provide for the confidentiality, integrity, and availability of, and to allow for alternative and immediate on-line access to critical data and information systems including, but not limited to, health and human services, law enforcement, and related agency data necessary to provide critical information to citizens and ensure the protection of state employees as they carry out their disaster-related duties. All state agencies and political subdivisions of this State are directed to assist the Office of the State CIO in the collection of data required for this plan."
C. Section 2-13-240(a) of the 1976 Code, as last amended by Act 419 of 1998, is further amended by adding at the end:
"(89) Department of Administration, six."
D. Section 2-13-240(A)(58) of the 1976 Code, as last amended by Act 419 of 1998, is further amended to read:
"(58) Budget and Control Board:
(a) Auditor, six;
(b) General Services Division, six;
(c) Personnel Division, one;
(d) Research and Statistical Services Division, one;
(e) Retirement System, one.;
(f) Statehouse, Legislative, and Judicial Facilities Operations Division, one." /
Renumber sections to conform.
Amend title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Bales Battle Bowers R. Brown Ceips Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Edge Freeman Gilham Hagood Hamilton Harrell Haskins Herbkersman Huggins Jennings Keegan Leach Limehouse Loftis Lourie Lucas Mahaffey McGee McLeod Merrill Miller Neilson Ott Owens Perry E. H. Pitts Rice Richardson Sandifer Scarborough Simrill Sinclair Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Snow Stewart Thompson Townsend Tripp Trotter Umphlett Vaughn Viers Whipper White Whitmire Wilkins
Those who voted in the negative are:
Allen G. Brown Gourdine J. Hines M. Hines Hosey Howard Kennedy Lloyd Parks Pinson Rivers Rutherford Scott Weeks
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. HARRELL asked unanimous consent that H. 4127 (Word version) be read a third time tomorrow.
Rep. RUTHERFORD objected.
The following Bill was taken up:
H. 5129 (Word version) -- Reps. Rice, Talley, Clyburn, Frye, Hamilton, Herbkersman, Hosey, Keegan, Littlejohn, Martin, Owens, Perry, E. H. Pitts, Scarborough, Simrill, Sinclair, J. R. Smith, Snow, Taylor, Young, Cato, Duncan, Loftis, G. R. Smith, Leach and Chellis: 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.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\21201SD04), which was adopted:
Amend the bill, as and if amended, by striking Section 1-24-60 of the 1976 Code, as contained in SECTION 1, page 4, and inserting:
/ Section 1-24-60. The programs and functions of the following state agencies shall be terminated as provided in this chapter pursuant to the following schedule. Entities funded by appropriations included in an agency's budget are also included in these terminations and shall be reviewed.
(1) June 30, 2005, is the termination date for:
(a) Department of Health and Human Services;
(b) State Department of Insurance;
(c) State Accident Fund;
(d) South Carolina Workers' Compensation Commission;
(e) South Carolina Second Injury Fund;
(f) Patients' Compensation Fund;
(2) June 30, 2006, is the termination date for:
(a) Department of Corrections;
(b) Department of Juvenile Justice;
(c) Department of Probation, Parole and Pardon Services;
(d) John de la Howe School;
(e) South Carolina Administrative Law Judge Division;
(3) June 30, 2007, is the termination date for:
(a) Department of Health and Environmental Control;
(b) Department of Natural Resources;
(c) Department of Parks, Recreation and Tourism;
(d) South Carolina State Forestry Commission;
(e) Department of Agriculture;
(4) June 30, 2008, is the termination date for:
(a) State Department of Education;
(b) South Carolina Educational Television Commission;
(c) South Carolina School for the Deaf and the Blind;
(d) South Carolina Department of Archives and History;
(e) Wil Lou Gray Opportunity School;
(5) June 30, 2009, is the termination date for:
(a) Department of Social Services;
(b) South Carolina State Housing, Finance and Development Authority;
(c) South Carolina Commission for the Blind;
(d) State Human Affairs Commission;
(e) State Commission for Minority Affairs;
(6) June 30, 2010, is the termination date for:
(a) Department of Disabilities and Special Needs;
(b) Department of Revenue;
(c) Department of Labor, Licensing and Regulation;
(d) Patriots Point Development Authority;
(e) State Election Commission;
(7) June 30, 2011, is the termination date for:
(a) Department of Mental Health;
(b) Department of Alcohol and Other Drug Abuse Services;
(c) South Carolina Museum Commission;
(d) South Carolina Arts Commission;
(e) Office of Secretary of State;
(8) June 30, 2012, is the termination date for:
(a) South Carolina Department of Transportation;
(b) Commission on Indigent Defense;
(c) Attorney General's Office;
(d) Commission on Prosecution Coordination;
(e) South Carolina Office of Appellate Defense;
(9) June 30, 2013, is the termination date for:
(a) State Budget and Control Board;
(b) Governor's Office;
(c) State Treasurer's Office;
(d) Board of Financial Institutions;
(e) Comptroller General's Office;
(f) Lieutenant Governor's Office;
(10) June 30, 2014, is the termination date for:
(a) State Board for Technical and Comprehensive Education;
(b) State Commission on Higher Education;
(c) Higher Education Tuition Grants Commission;
(d) South Carolina State Library;
(e) South Carolina Sea Grant Consortium;
(11) June 30, 2015, is the termination date for:
(a) Department of Public Safety;
(b) South Carolina Law Enforcement Division;
(c) Adjutant General's Office;
(d) South Carolina Public Service Commission;
(e) Department of Consumer Affairs;
(12) June 30, 2016, is the termination date for:
(a) South Carolina Employment Security Commission;
(b) South Carolina Department of Commerce;
(c) State Agency of Vocational Rehabilitation;
(d) South Carolina Jobs-Economic Development Authority;
(e) State Ethics Commission; /
Renumber sections to conform.
Amend title to conform.
Rep. RICE explained the amendment.
Rep. SCOTT moved to table the amendment.
Rep. RICE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bales Battle Branham Clyburn Delleney Freeman Govan J. Hines M. Hines Hosey Lloyd Lucas Mack McGee McLeod Miller Rivers Rutherford Scott Sinclair G. M. Smith J. E. Smith Thompson Weeks Whipper
Those who voted in the negative are:
Altman Bailey Barfield Bowers Cato Ceips Chellis Clark Clemmons Coleman Cooper Davenport Edge Emory Hagood Hamilton Harrell Haskins Herbkersman Hinson Huggins Keegan Leach Loftis Lourie Mahaffey McCraw Merrill Neilson Owens Perry Pinson E. H. Pitts M. A. Pitts Rice Richardson Sandifer Scarborough Simrill Skelton D. C. Smith G. R. Smith J. R. Smith W. D. Smith Snow Stewart Taylor Tripp Trotter Umphlett Vaughn Viers White Whitmire Wilkins
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Reps. RICE and LOURIE proposed the following Amendment No. 3 (Doc Name COUNCIL\GGS\22658HTC04), which was adopted:
Amend the bill, as and if amended, in Section 1-24-60(1), as contained in SECTION 1, beginning on page 5129-1, by striking subitems (a) through (f) in lines 34 through 39 and inserting:
/ (a) Department of Health and Environmental Control;
(b) Department of Natural Resources;
(c) Department of Parks, Recreation and Tourism;
(d) South Carolina State Forestry Commission;
(e) Department of Agriculture; /
Amend further, in Section 1-24-60(3), as contained in SECTION 1, on page 5129-2, by striking subitems (a) through (e) on lines 5 through 9, and inserting:
/ (a) Department of Health and Human Services;
(b) State Department of Insurance;
(c) State Accident Fund;
(d) South Carolina Workers' Compensation Commission;
(e) South Carolina Second Injury Fund;
(f) Patients' Compensation Fund; /
Amend further, in SECTION 1, beginning on page 3, by striking Section 1-24-50 and inserting:
/ Section 1-24-50. (A) The report issued pursuant to this chapter must be filed with the Committee on Ways and Means of the House of Representatives and the Senate Finance Committee no later than January fifteenth of each year, and any reauthorization of an agency or program must be accomplished in a special permanent law provision designated Part IC that must be included in the annual general appropriations act that specifically reauthorizes an agency or program and which may not include any other provision of law. An agency or program not reauthorized as provided in this subitem terminates as provided in this chapter.
(B) After the public hearing, the legislative members of the commission may introduce legislation based on its findings./
Renumber sections to conform.
Amend title to conform.
Rep. RICE explained the amendment.
The amendment was then adopted.
Rep. SCOTT spoke against the Bill.
Rep. RIVERS spoke against the Bill.
The SPEAKER granted Rep. KEEGAN a leave of absence for the remainder of the day.
Rep. RIVERS continued speaking.
Rep. SCOTT moved to table the Bill.
Rep. RICE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bales Battle Bowers Branham Breeland G. Brown J. Brown R. Brown Clyburn Cobb-Hunter Coleman Delleney Emory Freeman Gourdine Govan J. Hines M. Hines Hosey Kennedy Lee Lloyd Lucas Mack Martin McCraw McGee McLeod Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Parks Rhoad Rivers Rutherford Scott Sinclair G. M. Smith J. E. Smith Weeks Whipper
Those who voted in the negative are:
Altman Bailey Barfield Cato Ceips Chellis Clark Clemmons Cooper Dantzler Davenport Edge Frye Gilham Hagood Hamilton Herbkersman Hinson Huggins Leach Limehouse Loftis Lourie Mahaffey Merrill Owens Perry Pinson E. H. Pitts M. A. Pitts Rice Richardson Sandifer Scarborough Simrill Skelton D. C. Smith G. R. Smith J. R. Smith W. D. Smith Snow Stewart Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Walker White Whitmire Wilkins
So, the House refused to table the Bill.
Rep. KENNEDY moved to recommit the Bill to the Committee on Ways and Means.
Rep. RICE moved to table the motion.
Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Cato Ceips Chellis Clark Clemmons Cooper Davenport Gilham Hagood Hamilton Herbkersman Hinson Huggins Leach Limehouse Loftis Lourie McCraw McGee Merrill Owens Parks Pinson E. H. Pitts M. A. Pitts Rice Richardson Sandifer Scarborough Simrill Skelton D. C. Smith G. R. Smith J. R. Smith W. D. Smith Snow Stewart Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Walker White Whitmire Wilkins
Those who voted in the negative are:
Bales Battle Bowers Branham Breeland J. Brown R. Brown Clyburn Cobb-Hunter Coleman Dantzler Delleney Edge Emory Freeman Gourdine Govan J. Hines M. Hines Hosey Kennedy Lee Lloyd Lucas Mack Mahaffey Martin McLeod Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Rhoad Rivers Rutherford Scott Sinclair G. M. Smith J. E. Smith Weeks Whipper
So, the motion to recommit the Bill was tabled.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Barfield Battle Cato Ceips Chellis Clark Clemmons Cooper Dantzler Davenport Edge Frye Gilham Hagood Hamilton Harrell Herbkersman Hinson Huggins Leach Limehouse Loftis Lourie McCraw Merrill Owens Perry Pinson E. H. Pitts M. A. Pitts Rice Richardson Sandifer Scarborough Simrill Skelton D. C. Smith G. R. Smith J. R. Smith W. D. Smith Snow Stewart Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker White Whitmire Wilkins Witherspoon
Those who voted in the negative are:
Bales Bowers Branham Breeland G. Brown J. Brown R. Brown Clyburn Cobb-Hunter Coleman Delleney Emory Freeman Gourdine Govan J. Hines M. Hines Hosey Kennedy Lee Lloyd Lucas Mack Mahaffey Martin McGee McLeod Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Parks Rhoad Rivers Rutherford Scott Sinclair G. M. Smith J. E. Smith Weeks Whipper
So, the Bill, as amended, was read the second time and ordered to third reading.
I did not vote on H. 5129 today, due to a conflict. A member of my family is employed with the Legislative Audit Council.
Rep. Bill Cotty
Rep. RICE asked unanimous consent that H. 5129 (Word version) be read a third time tomorrow.
Rep. MOODY-LAWRENCE objected.
Rep. RICE moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 5198 (Word version) -- Reps. Ceips, Cobb-Hunter, Freeman, Gilham, Haskins, Hinson, Moody-Lawrence, Martin, Neilson, Parks, Lee, Young, Richardson and Miller: A HOUSE RESOLUTION TO PROCLAIM THE MONTH OF MAY AS BREAST CANCER AWARENESS MONTH AND MOTHERS' DAY AS BREAST CANCER AWARENESS DAY IN AN EFFORT TO ENCOURAGE PREVENTION AND EARLY DETECTION OF THIS DISEASE.
Whereas, among women in the United States, breast cancer is the second leading cancer related death and the most frequently diagnosed nonskin cancer; and
Whereas, in spite of tremendous strides in prevention and early detection efforts, there remains much to be done to claim success against breast cancer; and
Whereas, privately and publicly funded researchers continue to draw closer to a cure, and the goal of actually preventing breast cancer is no longer such an unattainable objective; and
Whereas, until there is a cure and even a method of prevention, early detection has proven to be the most successful weapon against breast cancer; and
Whereas, because mammography can expose changes in the breast years before physical symptoms can be felt or seen, it is recommended that women age forty and older have a mammogram regularly, if not annually; and
Whereas, early detection of breast cancer can be achieved only through raising the awareness of the women of our State and country of the important benefit of early detection -- that a cancer detected early is a cancer most likely to respond to treatment; and
Whereas, breast cancer awareness campaigners over the past twenty years have done much to educate women about the importance of early detection for breast cancer, and during this period mammography use has doubled and breast cancer death rates have declined; and
Whereas, it is appropriate for the General Assembly to recognize the impact of breast cancer on the citizens of this State and the importance of raising breast cancer awareness among those citizens. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the General Assembly of the State of South Carolina, by this resolution, proclaim the month of May as Breast Cancer Awareness Month and Mothers' Day as Breast Cancer Awareness Day in an effort to encourage prevention and early detection of this disease.
The Resolution was adopted.
The following was introduced:
H. 5199 (Word version) -- Reps. Limehouse, Ceips, Clark, Clyburn, Perry, D. C. Smith, J. R. Smith and Stewart: A HOUSE RESOLUTION TO SUPPORT THE THOROUGHBRED LIMEHOUSE, HIS TRAINER, TODD PLETCHER, HIS JOCKEY, JOSE SANTOS, AND DOGWOOD STABLE OWNER, COT CAMPBELL, IN THEIR BID FOR A WIN IN THE KENTUCKY DERBY, ON SATURDAY, MAY 1, 2004, IN LOUISVILLE, KENTUCKY AND TO EXTEND BEST WISHES TO THEM ON WINNING THE RACE.
The Resolution was adopted.
The following was introduced:
H. 5200 (Word version) -- Reps. Cotty, Allen, Altman, Anthony, 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, Dantzler, Davenport, 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, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, 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, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR ROSE SERIO SHEHEEN ON HER RETIREMENT AS PRINCIPAL OF BLANEY ELEMENTARY SCHOOL IN ELGIN ON JUNE 30, 2004, AND TO EXTEND BEST WISHES TO HER IN ALL HER FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5201 (Word version) -- Rep. Hosey: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY ON THE DEATH OF JOE TOPPER OF ALLENDALE AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. RICE moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 5174 (Word version) -- Reps. J. Brown, Branham, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Breeland, G. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, 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, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, 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, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO SHOW APPRECIATION TO DOC MCKENZIE FROM LAKE CITY, SOUTH CAROLINA, FOR ALL OF HIS SERVICES AND FOR BEING A POSITIVE INFLUENCE IN THE LIVES OF THE MANY PEOPLE WITH WHOM HE HAS COME IN CONTACT IN THIS STATE AND NATION.
H. 5180 (Word version) -- Reps. Scott, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, 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, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, 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, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. JOHN WILLIAMS, JR. FOR HIS EIGHT YEARS OF EXEMPLARY SERVICE AS A MEMBER OF THE SOUTH CAROLINA STATE UNIVERSITY BOARD OF TRUSTEES AND HIS LIFETIME COMMITMENT TO THE EDUCATION OF OUR STATE'S SONS AND DAUGHTERS, AND TO WISH HIM WELL IN ALL OF HIS FUTURE ENDEAVORS.
H. 5183 (Word version) -- Rep. Frye: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE KING ACADEMY GIRLS BASKETBALL TEAM IN BATESBURG FOR WINNING THE SCISA CLASS A STATE CHAMPIONSHIP ON MARCH 6, 2004, AND WISH THE PLAYERS, COACHES, AND STAFF MUCH SUCCESS IN THEIR FUTURE ENDEAVORS.
H. 5181 (Word version) -- Rep. Leach: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND MISS SHALINI BUMB OF GREER UPON RECEIVING THE PRUDENTIAL SPIRIT OF COMMUNITY AWARD, TO RECOGNIZE HER FOR AN OUTSTANDING RECORD OF VOLUNTEER SERVICE, PEER LEADERSHIP, AND COMMUNITY SPIRIT, TO COMMEND HER ON HER ACADEMIC ACHIEVEMENTS, AND TO EXTEND TO HER BEST WISHES IN ALL HER FUTURE ENDEAVORS.
H. 5184 (Word version) -- Reps. Neilson, J. Hines and Lucas: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. RICHARD L. "DICK" BEASLEY OF DARLINGTON COUNTY FOR HIS OUTSTANDING AND DEDICATED SERVICE TO THE CITIZENS OF DARLINGTON COUNTY.
H. 5192 (Word version) -- Reps. Freeman, Jennings, Lucas and Neilson: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE GENERAL ASSEMBLY UPON THE DEATH OF VOLUNTEER FIREFIGHTER LIEUTENANT EDGAR BRUCE ROGERS, OF CHESTERFIELD, THURSDAY, APRIL 22, 2004, AND TO CONVEY DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 5200 (Word version) -- Reps. Cotty, Allen, Altman, Anthony, 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, Dantzler, Davenport, 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, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, 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, Sinclair, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, G.R. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR ROSE SERIO SHEHEEN ON HER RETIREMENT AS PRINCIPAL OF BLANEY ELEMENTARY SCHOOL IN ELGIN ON JUNE 30, 2004, AND TO EXTEND BEST WISHES TO HER IN ALL HER FUTURE ENDEAVORS.
H. 5201 (Word version) -- Rep. Hosey: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY ON THE DEATH OF JOE TOPPER OF ALLENDALE AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
At 12:10 p.m. the House, in accordance with the motion of Rep. CLYBURN, adjourned in memory of Jethro Roosevelt McCain, to meet at 10:00 a.m. tomorrow.
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