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 Proverbs 16:3: "Commit to the Lord whatever you do, and your plans will succeed."
Let us pray. Almighty God, we thank You for the service of these men and women that they have rendered to this State. Bless them now as they make the final decisions for this session. Keep them in wisdom and give them courage. We give thanks to You for those women and men who are retiring, for their years of commitment, courage, integrity, and their wisdom, and for their friendship. Continue to use them for the good of Your people. Grant Your blessing on our Nation and State, and our leaders. Protect our defenders of freedom from all harm and comfort those at home. In Your name we pray. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. PERRY moved that when the House adjourns, it adjourn in memory of James C. Brinkley of New Ellenton, which was agreed to.
The House stood in silent prayer in memory of former Representative Rudy Mason who passed away five years ago today.
The following was received:
Columbia, S.C., June 2, 2004
Mr. Speaker and Members of the House of Representatives:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
Allendale County Master-in-Equity
Term Commencing: December 31, 2002
Term Expiring: December 31, 2008
Seat: Master-in-Equity
Reappointment
The Honorable Walter H. Sanders, Jr.
P.O. Box 840
Fairfax, South Carolina 29827
803-632-3347
Very respectfully,
President of the Senate
Received as information.
The following was received:
Columbia, S.C., June 2, 2004
Mr. Speaker and Members of the House of Representatives:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
Sumter County Master-in-Equity
Term Commencing: December 31, 2004
Term Expiring: December 31, 2010
Seat: Master-in-Equity
Reappointment
The Honorable Linwood S. Evans, Jr.
Magistrate, Sumter County
P.O. Box 1273
Sumter, South Carolina 29151-1273
Very respectfully,
President of the Senate
Received as information.
The following was received:
Columbia, S.C., June 2, 2004
Mr. Speaker and Members of the House of Representatives:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
Spartanburg County Master-in-Equity
Term Commencing: June 30, 2003
Term Expiring: June 30, 2009
Seat: Master-in-Equity
Vice: Roger Couch (elected as Circuit Court Judge)
Initial Appointment
The Honorable Gordon G. Cooper
Master-in-Equity
County of Spartanburg
180 Magnolia Street, Suite 901
Spartanburg, South Carolina 29306
Very respectfully,
President of the Senate
Received as information.
The following was received:
Columbia, S.C., June 2, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 935:
S. 935 (Word version) -- Senator Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2265 SO AS TO PROVIDE THAT, WHEN A PROVISION OF LAW OR REGULATION PROVIDES FOR A CRIMINAL HISTORY BACKGROUND CHECK IN CONNECTION WITH LICENSING, PLACEMENT, SERVICE AS A VOLUNTEER, OR EMPLOYMENT WITH A CHILD WELFARE AGENCY, THE PROVISION OF LAW OR REGULATION MAY NOT OPERATE TO PROHIBIT THESE ACTIONS WHEN A CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE HAS BEEN PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; BY ADDING SECTION 24-21-35 SO AS TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES BOARD SHALL MAKE ITS ADMINISTRATIVE RECOMMENDATIONS AVAILABLE TO A VICTIM OF A CRIME BEFORE IT CONDUCTS A PAROLE HEARING FOR THE PERPETRATOR OF THE CRIME; TO AMEND SECTION 20-7-1642, AS AMENDED, RELATING TO THE PROHIBITION OF FOSTER CARE PLACEMENT OF A CHILD WITH CERTAIN PERSONS, SO AS TO PROVIDE THAT THE PLACEMENT IS AUTHORIZED WHEN THE CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE OF CERTAIN CRIMES IS PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; TO AMEND SECTION 20-7-2725, AS AMENDED, RELATING TO THE PROHIBITION OF EMPLOYING CERTAIN PERSONS AT A CHILDCARE CENTER, SO AS TO PROVIDE THAT THIS SECTION DOES NOT PROHIBIT EMPLOYMENT OR PROVISION CAREGIVER SERVICES WHEN A CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE OF CERTAIN CRIMES HAS BEEN PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; TO AMEND SECTION 20-7-2730, AS AMENDED, RELATING TO LICENSING OF A CHILDCARE CENTER OR GROUP CHILDCARE HOME, SO AS TO PROVIDE THAT THIS SECTION DOES NOT PROHIBIT LICENSING WHEN A CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE FOR CERTAIN CRIMES HAS BEEN PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; TO AMEND SECTION 20-7-2740, AS AMENDED, RELATING TO THE RENEWAL OF LICENSING A CHILDCARE CENTER OR GROUP CHILDCARE CENTER, SO AS TO PROVIDE THAT THIS SECTION DOES NOT PROHIBIT RENEWAL WHEN A CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE FOR CERTAIN CRIMES HAS BEEN PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; TO AMEND SECTION 20-7-2800, AS AMENDED, RELATING TO THE APPLICATION FOR A STATEMENT OF STANDARD CONFORMITY OR APPROVAL FOR THE OPERATION OF A PUBLIC CHILDCARE CENTER OR GROUP CHILDCARE HOME, SO AS TO PROVIDE THAT THIS SECTION DOES NOT PROHIBIT APPROVAL WHEN A CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE FOR CERTAIN CRIMES HAS BEEN PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; TO AMEND SECTION 20-7-2810, AS AMENDED, RELATING TO THE RENEWAL OF THE APPROVAL FOR THE OPERATION OF A PUBLIC CHILDCARE CENTER OR GROUP CHILDCARE HOME, SO AS TO PROVIDE THAT THIS SECTION DOES NOT PROHIBIT THE RENEWAL WHEN A CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE FOR CERTAIN CRIMES HAS BEEN PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; TO AMEND SECTION 20-7-2850, AS AMENDED, RELATING TO THE REGISTRATION OF AN OPERATOR OF A FAMILY CHILDCARE HOME, SO AS TO PROVIDE THAT THIS SECTION DOES NOT OPERATE TO PROHIBIT REGISTRATION OR RENEWAL WHEN A CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE FOR CERTAIN CRIMES HAS BEEN PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; TO AMEND SECTION 20-7-2900, AS AMENDED, RELATING TO THE REGISTRATION AND INSPECTION OF A CHILDCARE CENTER OR GROUP CHILDCARE HOME OPERATED BY A CHURCH OR RELIGIOUS COLLEGE OR UNIVERSITY, SO AS TO PROVIDE THAT THIS SECTION DOES NOT PROHIBIT LICENSING, REGISTRATION, OR RENEWAL OF A LICENSE OR REGISTRATION WHEN A CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE FOR CERTAIN CRIMES HAS BEEN PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; TO AMEND SECTION 20-7-3097, AS AMENDED, RELATING TO THE REQUIREMENT THAT, BEFORE THE DEPARTMENT OF SOCIAL SERVICES EMPLOYS A PERSON IN ITS CHILDCARE LICENSING OR CHILD PROTECTIVE SERVICES DIVISIONS, THE PERSON SHALL UNDERGO A STATE FINGERPRINT REVIEW TO BE CONDUCTED BY THE STATE LAW ENFORCEMENT DIVISION, SO AS TO PROVIDE THAT THIS SECTION DOES NOT PROHIBIT EMPLOYMENT WHEN A CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE FOR CERTAIN CRIMES HAS BEEN PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; TO AMEND SECTION 24-3-550, AS AMENDED, RELATING TO WITNESSES AT AN EXECUTION, SO AS TO AUTHORIZE A FORMER SOLICITOR TO BE PRESENT AT THE EXECUTION; TO AMEND SECTION 24-21-30, AS AMENDED, RELATING TO PAROLE BOARD MEETINGS, SO AS TO PROVIDE THAT THE BOARD SHALL CONDUCT ALL PAROLE HEARINGS IN CASES THAT RELATE TO A SINGLE VICTIM ON THE SAME DAY AND TO PROVIDE THAT, UPON THE REQUEST OF A VICTIM, THE BOARD MAY ALLOW THE VICTIM AND AN OFFENDER TO APPEAR SIMULTANEOUSLY BEFORE THE BOARD FOR THE PURPOSE OF PROVIDING TESTIMONY; AND TO AMEND SECTION 24-21-710, AS AMENDED, RELATING TO FILM, VIDEOTAPE, OR OTHER ELECTRONIC INFORMATION THAT MAY BE CONSIDERED BY THE PAROLE BOARD WHEN IT MAKES A PAROLE DETERMINATION, SO AS TO PROVIDE THAT THE BOARD SHALL MAINTAIN AND ALLOW CRIME VICTIMS TO APPEAR BEFORE THE BOARD DURING PAROLE HEARINGS VIA A TWO-WAY CLOSED CIRCUIT TELEVISION SYSTEM.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 2, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3891:
H. 3891 (Word version) -- Reps. Quinn, Herbkersman, Altman, Anthony, Bailey, Bingham, G. Brown, J. Brown, Cato, Clemmons, Cobb-Hunter, Duncan, Edge, Gilham, Harrison, Harvin, Haskins, Hayes, J. Hines, Lee, Littlejohn, Lucas, Mahaffey, McGee, Merrill, Parks, M. A. Pitts, Scarborough, F. N. Smith, J. E. Smith, Talley, Toole, Umphlett, Viers, Young and Pinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 47, TITLE 40 SO AS TO ENACT THE ACUPUNCTURE ACT OF SOUTH CAROLINA TO ESTABLISH THE ACUPUNCTURE ADVISORY COMMITTEE TO BE APPOINTED BY THE BOARD OF MEDICAL EXAMINERS AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO ESTABLISH REQUIREMENTS FOR LICENSURE AND LICENSURE RENEWAL AS AN ACUPUNCTURIST, AN AURICULAR THERAPIST, AND AN AURICULAR DETOXIFICATION THERAPIST AND TO ESTABLISH LICENSURE AND RENEWAL FEES; TO AUTHORIZE TEMPORARY LICENSURE OF CERTAIN INDIVIDUALS CURRENTLY PRACTICING UNTIL AN INDIVIDUAL SATISFIES THE LICENSURE REQUIREMENTS OF THIS ARTICLE; TO ESTABLISH CRITERIA FOR THE LICENSURE OF OTHER ACUPUNCTURISTS CURRENTLY PRACTICING; TO PROHIBIT PRACTICING AS AN ACUPUNCTURIST, AN AURICULAR THERAPIST, OR AN AURICULAR DETOXIFICATION THERAPIST WITHOUT BEING LICENSED AND TO PROVIDE PENALTIES; TO FURTHER PROVIDE FOR THE REGULATION OF THESE PROFESSIONALS; AND TO REPEAL SECTION 12-21-2870 RELATING TO UNSTAMPED OR UNTAXED GOODS BEING CONTRABAND AND SUBJECT TO CONFISCATION; TO REPEAL SECTIONS 40-47-70 AND 40-47-75 RELATING TO AUTHORIZATION FOR THE PRACTICE OF ACUPUNCTURE, AND SECTION 44-9-30 RELATING TO THE CREATION OF THE SOUTH CAROLINA MENTAL HEALTH COMMISSION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 2, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3987:
H. 3987 (Word version) -- Reps. White, Altman and Toole: A BILL TO AMEND SECTION 44-7-2910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL RECORD CHECKS FOR DIRECT CAREGIVERS IN NURSING HOMES AND OTHER FACILITIES PROVIDING CARE TO ADULTS, SO AS TO REQUIRE A FACILITY TO COMMENCE A CRIMINAL RECORD CHECK WITHIN SEVEN DAYS OF EMPLOYING OR CONTRACTING WITH A DIRECT CAREGIVER, TO REQUIRE EMPLOYMENT AGENCIES PLACING DIRECT CAREGIVERS TO HAVE SUCH CHECKS CONDUCTED AND TO MAINTAIN A RECORD OF THE RESULTS OF THE CHECK AT THE EMPLOYMENT AGENCY, TO DELETE FACULTY AND STUDENTS IN EDUCATIONAL PROGRAMS IN DIRECT CARE FACILITIES FROM THE DEFINITION OF "DIRECT CAREGIVER", TO REQUIRE A DIRECT CAREGIVER ANNUALLY TO SIGN A STATEMENT THAT HE HAS NOT BEEN CONVICTED OF CERTAIN ENUMERATED CRIMES, AND TO DELETE PROVISIONS EXEMPTING CAREGIVER APPLICANTS WHO ARE RESIDENTS OF NORTH CAROLINA OR GEORGIA FROM A FEDERAL CRIMINAL RECORD CHECK.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 2, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 4797:
H. 4797 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF BEGINNER'S PERMITS, SO AS TO PROVIDE THAT A STUDENT WHO IS FIFTEEN YEARS OF AGE ENROLLED IN A HIGH SCHOOL DRIVER'S TRAINING COURSE IS NOT REQUIRED TO OBTAIN A BEGINNER'S PERMIT TO OPERATE A MOTOR VEHICLE; AND TO REPEAL SECTION 56-5-6140 RELATING TO THE DEPARTMENT OF MOTOR VEHICLES PROVIDING A COPY OF MOVING VIOLATION CHARGES AGAINST A PERSON UNDER THE AGE OF EIGHTEEN TO THE OWNER OF THE VEHICLE USED DURING THE VIOLATION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 2, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 4821:
H. 4821 (Word version) -- Reps. Hayes, Battle, G. Brown, J. Hines, Jennings, Keegan and Richardson: A BILL TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS, BY, AMONG OTHER THINGS, TO PROVIDE THAT A BACHELOR OF ARTS OR BACHELOR OF SCIENCE DEGREE IS REQUIRED FOR LICENSURE, TO ESTABLISH LICENSURE BY ENDORSEMENT, TO CLARIFY THAT THERAPEUTICALLY-CERTIFIED OPTOMETRIC EDUCATION COURSES MAY BE TAKEN WHILE ATTENDING SCHOOL RATHER THAN AFTER GRADUATION, TO PROVIDE THAT BY SEPTEMBER 30, 2007, ALL LICENSED OPTOMETRISTS MUST BE LICENSED AS THERAPEUTICALLY-CERTIFIED OPTOMETRISTS, AND TO PROVIDE TRANSITION PROVISIONS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 2, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 686:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 2, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1126:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 2, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 4720:
H. 4720 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 26, SO AS TO ENACT THE UNIFORM ELECTRONIC TRANSACTIONS ACT, PROVIDING FOR DEFINITIONS, LEGAL EFFECT AND ENFORCEABILITY OF AN ELECTRONIC RECORD AND SIGNATURE, CHANGES OR ERRORS IN TRANSMISSION OF AN ELECTRONIC RECORD, COMPLIANCE OF AN ELECTRONIC RECORD OR SIGNATURE WITH OTHER LAWS AFFECTING VALIDITY OR RETENTION OR RECEIPT OF A RECORD OR SIGNATURE, USE OF ELECTRONIC RECORDS BY GOVERNMENTAL AGENCIES, PROMULGATION OF REGULATIONS BY THE BUDGET AND CONTROL BOARD TO ENHANCE THE UTILIZATION OF ELECTRONIC RECORDS AND SIGNATURES, AND DEVELOPMENT BY THE SECRETARY OF STATE OF MODEL PROCEDURES AND PROMULGATION OF REGULATIONS FOR SECURE ELECTRONIC TRANSACTIONS, INCLUDING LICENSING OF THIRD PARTIES; TO MAKE THE COMPUTER CRIME ACT APPLICABLE TO THE UNIFORM ELECTRONIC TRANSACTIONS ACT; AND TO REPEAL CHAPTER 5 OF TITLE 26, THE SOUTH CAROLINA ELECTRONIC COMMERCE ACT.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 2, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1219:
S. 1219 (Word version) -- Senators Matthews and Hutto: A BILL TO AMEND SECTION 44-7-2210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF THE ORANGEBURG-CALHOUN REGIONAL HOSPITAL, SO AS TO DELETE THE PROVISION REQUIRING THE GOVERNOR TO MAKE THE APPOINTMENTS TO THE BOARD AND PROVIDE THAT THE GOVERNING BODIES OF ORANGEBURG AND CALHOUN COUNTIES SHALL MAKE THE APPOINTMENTS ACCORDING TO THE PRO RATA METHOD PRESCRIBED IN THIS SECTION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 2, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3867:
H. 3867 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 14-25-165, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND COMPOSING A JURY IN MUNICIPAL COURT, SO AS TO INCREASE THE SIZE OF THE POOL FROM WHICH JURORS ARE SELECTED, AND TO DELETE A PROVISION FOR DRAWING A JURY FOR A SINGLE TRIAL WHICH REQUIRES PEREMPTORY CHALLENGES IN ADVANCE OF THE TRIAL DATE; TO AMEND SECTIONS 22-2-80 AND 22-2-90, BOTH AS AMENDED, RELATING TO SELECTION OF A JURY IN MAGISTRATES COURT, SO AS TO INCREASE THE SIZE OF THE JURY POOL FROM WHICH A JURY IS SELECTED; TO AMEND SECTION 22-2-100, RELATING TO THE PROCEDURE FOR SELECTING PRIMARY AND ALTERNATE JURORS IN MAGISTRATES COURT, SO AS TO CHANGE LANGUAGE CONSISTENT WITH OTHER CHANGES MADE IN SECTION 14-25-165; AND TO AMEND SECTION 22-2-120, RELATING TO THE SELECTION OF ADDITIONAL JURORS IN MAGISTRATES COURT AT THE TIME OF TRIAL, SO AS TO DELETE ARCHAIC LANGUAGE.
The Report of the Committee of Conference, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received from the Senate:
Columbia, S.C., June 2, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 4649:
H. 4649 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-765, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTIGATIONS OF TRAFFIC COLLISIONS INVOLVING A MOTOR VEHICLE OR MOTORCYCLE OF A LAW ENFORCEMENT AGENCY, SO AS TO DEFINE THE TERM "INVOLVED IN A TRAFFIC COLLISION", AND TO PROVIDE THAT ANY INVESTIGATION THAT OCCURS AS A RESULT OF A COLLISION INVOLVING A POLICE VEHICLE MUST INCLUDE A FIELD INVESTIGATION TO IDENTIFY POSSIBLE WITNESSES.
Very respectfully,
President
On motion of Rep. HARRISON, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. SINCLAIR, CLEMMONS and HOWARD to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was introduced:
H. 5412 (Word version) -- Rep. Rivers: A HOUSE RESOLUTION TO COMMEMORATE DR. FRED DUCEY, JR. FOR HIS FIFTY-FOUR YEARS OF SERVICE AS A VETERINARIAN IN RIDGELAND AND JASPER COUNTY, AND TO RECOGNIZE HIM FOR HIS OUTSTANDING CONTRIBUTIONS TO HIS COMMUNITY AND THE STATE OF SOUTH CAROLINA.
The Resolution was adopted.
The following was introduced:
H. 5413 (Word version) -- Rep. Townsend: A HOUSE RESOLUTION TO CONGRATULATE THE FAMILY OF THE LATE CLARENCE EUGENE PRESSLEY OF ABBEVILLE ON THE OCCASION OF HIS RECEIVING POSTHUMOUS RECOGNITION BY THE PLACEMENT OF AN HISTORICAL MARKER ON THE SITE OF HIS PRINCIPAL BUSINESS IN THE CITY OF ABBEVILLE, THE INDUCTION INTO THE 2004 ABBEVILLE COUNTY HALL OF FAME, AND THE RENAMING OF A PORTION OF SPRING STREET IN HIS HONOR.
The Resolution was adopted.
On motion of Rep. VIERS, with unanimous consent, the following was taken up for immediate consideration:
H. 5414 (Word version) -- Rep. Viers: A CONCURRENT RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE HOUSE AND SENATE CHAMBERS ON THURSDAY, NOVEMBER 11 AND FRIDAY, NOVEMBER 12, 2004, AND THE USE OF AVAILABLE MEETING SPACE IN THE BLATT OFFICE BUILDING ON WEDNESDAY, NOVEMBER 10, 2004, FOR THE ORGANIZATION'S ANNUAL MEETING, IN ACCORDANCE WITH THE BUILDING POLICY AS ADMINISTERED BY THE CLERKS OF THE RESPECTIVE BODIES.
Whereas, the South Carolina Student Legislature encourages the youth of our State to develop enthusiasm and appreciation for governmental and community issues; and
Whereas, the South Carolina Student Legislature has produced many of the great leaders throughout our State and nation. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the South Carolina Student Legislature is allowed the use of the House and Senate Chambers on Thursday, November 11, and Friday, November 12, 2004, and the Blatt Office Building on Wednesday, November 10, 2004, from 8:30 a.m. until 5:00 p.m. If the General Assembly is in statewide session on any of these days, the Senate and House chambers and the Blatt Building may not be used.
Be it further resolved that the South Carolina Student Legislature shall be granted access to and use of the respective chambers in accordance with such guidelines and requirements as the clerks of the House and Senate shall direct.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Student Legislature.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1285 (Word version) -- Senators Grooms and McConnell: A CONCURRENT RESOLUTION TO CONGRATULATE THE BISHOP ENGLAND HIGH SCHOOL GIRLS TRACK AND FIELD TEAM AND THEIR HEAD COACH, TONY COLIZZI, ON WINNING THE 2004 AA STATE TRACK AND FIELD CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION ON THEIR FOURTH CONSECUTIVE TRACK AND FIELD STATE TITLE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1289 (Word version) -- Senators Rankin, Elliott, McGill and Ravenel: A CONCURRENT RESOLUTION TO SUPPORT THE CONTINUED OPERATIONS OF THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES' WILDLIFE OFFICE IN HORRY COUNTY.
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 Anthony Bailey Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Dantzler Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Hagood Harrell Harrison Hayes Herbkersman J. Hines M. Hines Hinson Hosey Howard Huggins Keegan Kennedy Kirsh Koon Leach Lee Littlejohn Lloyd Loftis Lourie Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Ott Owens Parks Perry Phillips E. H. Pitts M. A. Pitts Rice Richardson Rivers Sandifer Scarborough Scott Simrill Skelton D. C. 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 Walker White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Thursday, June 3.
Converse Chellis Thomas Rhoad Bessie Moody-Lawrence Fletcher Smith Bill Cotty Douglas Jennings David Weeks Phillip Sinclair Thad Viers G. Murrell Smith Marty Coates Seth Whipper Jerry Govan Glenn Hamilton Denny Neilson Gloria Haskins Lewis E. Pinson Todd Rutherford H.B. "Chip" Limehouse Alex Harvin Ralph Davenport Richard Quinn
Rep. J. E. SMITH made a statement relative to Rep. LOURIE'S service in the House.
Rep. LOURIE made a statement relative to his service in the House.
Rep. HINSON made a statement relative to Rep. GOURDINE'S service in the House.
Rep. GOURDINE made a statement relative to his service in the House.
Rep. HOSEY made a statement relative to Rep. GOVAN'S service as chairman of the Black Caucus.
Rep. GOVAN made a statement relative to his service as Chairman of the Black Caucus.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 5401 (Word version) -- Reps. Parks, M. A. Pitts and Pinson: A BILL TO AMEND ACT 595 OF 1994, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50, SO AS TO PROVIDE THAT A VACANCY MUST BE FILLED BY APPOINTMENT, UPON THE RECOMMENDATION OF THE COUNTY COUNCIL TO THE GREENWOOD COUNTY LEGISLATIVE DELEGATION, UNTIL THE NEXT REGULAR ELECTION OF SCHOOL TRUSTEES.
H. 3530 (Word version) -- Reps. Cato, Wilkins, Sandifer, Young, Cotty, Edge and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-3-27 SO AS TO PROHIBIT MEMBERSHIP ON AND RESTRICT EMPLOYMENT BY THE PUBLIC SERVICE COMMISSION OF A PERSON ASSOCIATED WITH A REGULATED BUSINESS; BY ADDING SECTION 58-3-35 SO AS TO PROVIDE FOR ETHICS STANDARDS AND REQUIREMENTS FOR PUBLIC SERVICE COMMISSIONERS; BY ADDING SECTION 58-3-65 SO AS TO ESTABLISH AN ADVISORY STAFF AND AN ADVOCACY STAFF FOR THE COMMISSION AND DESCRIBE THEIR RESPONSIBILITIES; AND BY ADDING SECTION 58-3-400 SO AS TO PROHIBIT EX PARTE COMMUNICATIONS WITH AND BY A COMMISSIONER OR ADVISORY STAFF IN CONNECTION WITH A PENDING PROCEEDING; TO AMEND SECTION 58-3-20, AS AMENDED, RELATING TO ESTABLISHMENT OF THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE FOR QUALIFICATIONS, SCREENING, AND TERMS OF MEMBERSHIP; TO AMEND SECTION 58-3-24, AS AMENDED, RELATING TO PERSONS INELIGIBLE TO SERVE ON THE PUBLIC SERVICE COMMISSION, SO AS TO ALLOW A MEMBER OF THE GENERAL ASSEMBLY TO SERVE FOUR YEARS AFTER HE HAS NOT FILED FOR REELECTION TO THE GENERAL ASSEMBLY; TO AMEND PART 6, CHAPTER 6, TITLE 37, RELATING TO THE DIVISION OF CONSUMER ADVOCACY OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO DELETE ANY RESPONSIBILITIES OF THE DIVISION IN CONNECTION WITH THE PUBLIC SERVICE COMMISSION; TO AMEND SECTION 8-13-90, RELATING TO SEEKING OR OFFERING PLEDGES OF VOTES, SO AS TO PROHIBIT THE DIRECT OR INDIRECT SEEKING OF A PLEDGE OR COMMUNICATION ABOUT SCREENING UNTIL CANDIDATES FOR THE OFFICE ARE DETERMINED; AND TO REPEAL SECTION 58-3-60 RELATING TO EMPLOYMENT OF STAFF FOR THE PUBLIC SERVICE COMMISSION.
The following Bills 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. 1212 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 6-13-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS, DUTIES, AND RESPONSIBILITIES OF THE PIONEER RURAL WATER DISTRICT OF OCONEE AND ANDERSON COUNTIES, SO AS TO AUTHORIZE THE DISTRICT TO CONSTRUCT, OPERATE, OR MAINTAIN SEWER LINES, TO AUTHORIZE THE DISTRICT TO ENTER INTO CONTRACTS WITH OTHER ENTITIES TO PERFORM THESE POWERS, AND TO PROVIDE THAT THE DISTRICT MAY NOT TREAT OR DISPOSE OF SEWERAGE.
S. 965 (Word version) -- Senators Fair, Cromer, Thomas and Martin: A BILL TO AMEND SECTION 20-7-7205, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, PROCEDURES FOR TAKING A CHILD INTO CUSTODY FOR A CRIMINAL VIOLATION AND THE DEPARTMENT OF JUVENILE JUSTICE DETENTION PROCEDURES, SO AS TO AUTHORIZE THE DEPARTMENT TO RENDER DETENTION SCREENING SERVICES BY TELEPHONE; TO AMEND SECTION 20-7-7210, AS AMENDED, RELATING TO, AMONG OTHER THINGS, THE PROHIBITION AGAINST CONFINING JUVENILES IN AN ADULT JAIL AND EXCEPTIONS TO THAT PROHIBITION, SO AS TO INCLUDE IN THE EXCEPTIONS, A JUVENILE CHARGED AS AN ADULT WITH A CLASS A, B, C, OR D FELONY; TO AMEND SECTION 20-7-7405, RELATING TO DEPARTMENT OF JUVENILE JUSTICE INTAKE AND PROBATION SERVICES, SO AS TO DELETE THE PROVISION REQUIRING THE BOARD OF JUVENILE PAROLE TO REVIEW AND APPROVE POLICIES RELATING TO THE PROVISION OF INTAKE SERVICES BY THE DEPARTMENT OF JUVENILE JUSTICE; TO AMEND SECTION 20-7-7810, AS AMENDED, RELATING TO THE COMMITMENT OF JUVENILES ADJUDICATED DELINQUENT, SO AS TO PROVIDE THAT THE COURT MAY ORDER A COMMUNITY EVALUATION TO BE CONDUCTED BY THE DEPARTMENT OF JUVENILE JUSTICE AND THAT SUCH EVALUATION IS EQUIVALENT TO A SECURE RESIDENTIAL EVALUATION AND TO AUTHORIZE THE COURT TO WAIVE THE EVALUATION OF A JUVENILE ADJUDICATED DELINQUENT FOR COMMITTING A VIOLENT OFFENSE, THE OFFENSE OF ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE, OR STRONG ARM ROBBERY BEFORE COMMITMENT OF THAT JUVENILE TO THE DEPARTMENT OF JUVENILE JUSTICE; AND TO REPEAL SECTION 20-7-1335, RELATING TO PROCEDURES FOR AND CIRCUMSTANCES UNDER WHICH JUVENILE RECORDS MAY BE DESTROYED AND CIRCUMSTANCES PROHIBITING THE DESTRUCTION OF SUCH RECORDS.
The Senate amendments to the following Bill were taken up for consideration:
H. 4734 (Word version) -- Reps. Howard, Cobb-Hunter, Gourdine, Jennings, Lee, J. H. Neal, Weeks, Ott, Lourie, Kennedy, Harvin, Coleman and Whipper: A BILL TO AMEND SECTIONS 2-19-10, 2-19-20, 2-19-35, 2-19-70, AND 2-19-80, ALL AS AMENDED, AND SECTION 2-19-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, ALL SO AS TO CHANGE THE COMMISSION'S PROCESS FOR NOMINATING JUDICIAL CANDIDATES FROM THE NOMINATION OF THREE CANDIDATES TO THE RELEASE OF A LIST OF ALL QUALIFIED CANDIDATES TO THE GENERAL ASSEMBLY AND TO PROVIDE FURTHER CONFORMING CHANGES.
Rep. DELLENEY explained the Senate Amendments.
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration:
H. 4675 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LITTERING, SO AS TO PROVIDE THAT WHEN THE SENTENCE FOR A VIOLATION OF THIS SECTION INCLUDES LITTER-GATHERING, THE LITTER-GATHERING PORTION IS MANDATORY; HOWEVER THE COURT MAY DIRECT THE PERSON TO PAY AN ADDITIONAL MONETARY PENALTY IN LIEU OF THE SENTENCE, TO PROVIDE THE CIRCUMSTANCES WHEN PROBATION MAY BE GRANTED IN LIEU OF A LITTER-GATHERING SENTENCE, TO PROVIDE FOR THE DISTRIBUTION OF FUNDS COLLECTED IN LIEU OF A MANDATORY LITTER-GATHERING SENTENCE, AND TO PROVIDE WHEN A VIOLATION OF THIS SECTION CONSTITUTES A PRIOR VIOLATION WITHIN THE MEANING OF THIS SECTION; AND TO AMEND SECTION 56-25-20, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE FOR FAILURE TO COMPLY WITH CERTAIN TRAFFIC CITATIONS, SO AS TO REVISE THIS SECTION TO INCLUDE A SUMMONS FOR CERTAIN LITTER VIOLATIONS.
Rep. HARRISON explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3065 (Word version) -- Rep. Kirsh: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 55 ENACTING THE "OVERDUE TAX DEBT COLLECTION ACT" AUTHORIZING THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO IMPOSE A COLLECTION ASSISTANCE FEE ON CERTAIN OVERDUE TAX DEBTS EQUAL TO TWENTY PERCENT OF THE OVERDUE AMOUNT AND TO ALLOW THE DEPARTMENT TO RETAIN A PORTION OF THE COLLECTION ASSISTANCE FEE FOR ITS OPERATION.
Rep. KENNEDY made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. KIRSH moved to waive Rule 5.15, which was agreed to by a division vote of 64 to 10.
Rep. PERRY proposed the following Amendment No. 1A (Doc Name COUNCIL\GGS\22775HTC04), which was ruled out of order:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. A. Section 4-29-67(D)(2)(b) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"(b) for an investment exceeding one hundred million dollars an annual payment based on an alternative arrangement yielding a net present value of the sum of the fees for the life of the agreement not less than the net present value of the fee schedule as calculated pursuant to subsection (D)(2)(a). Net present value calculations performed pursuant to this subsection must use a discount rate equivalent to the yield in effect for new or existing United States Treasury bonds of similar maturity as published during the month in which the inducement agreement is executed. If no yield is available for the month in which the inducement agreement is executed, the last published yield for the appropriate maturity must be used. If there are no bonds of appropriate maturity available, bonds of different maturities may be averaged to obtain the appropriate maturity; or."
B. Section 4-29-67(F)(2)(b) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"(b) the new replacement property that qualifies for the fee provided in subsection (D)(2) is recorded using its income tax basis, and the fee is calculated using the millage rate and assessment ratio provided on the original fee property. The fee payment for replacement property must be based on subsection (D)(2)(a) or (c) if the investor sponsor originally used that method, without regard to present value."
C. Notwithstanding the general effective date of this act, this section takes effect upon approval of this act by the Governor, and except where otherwise specifically provided, applies for fee agreements entered into after September 30, 2004.
SECTION 2. A. Section 12-6-2220(2) of the 1976 Code is amended to read:
"(2) Dividends received from corporate stocks owned not connected with the taxpayer's business, less all related expenses, are allocated to the state of the corporation's principal place of business as defined in Section 12-6-30(9) or the domicile of an individual taxpayer."
B. Section 12-6-2220(2) of the 1976 Code, as amended by this section, applies for taxable years beginning after 2003.
SECTION 3. A. Section 12-6-3365(A) of the 1976 Code, as amended by Act 69 of 2003, is further amended to read:
"(A) A taxpayer creating and maintaining at least one hundred full-time new jobs, as defined in Section 12-6-3360(M), at a facility of a type identified in Section 12-6-3360(M) may petition, utilizing the procedure in Section 12-6-2320(B), for a moratorium on state corporate income or insurance premium taxes imposed pursuant to Section 12-6-530 or insurance premium taxes imposed pursuant to Title 38 for the ten taxable years beginning the first full taxable year after the taxpayer qualifies and ending either ten years from that year or the year when the taxpayer's number of full-time new jobs falls below one hundred, whichever is earlier. For purposes of insurance premium taxes, the petition pursuant to Section 12-6-2320(B) must be made to and approved by the director of the Department of Insurance."
B. The amendment to Section 12-6-3365 of the 1976 Code in this section does not affect its repeal as provided in Section 3 of Act 277 of 2000.
SECTION 4. A. Section 12-6-3480 of the 1976 Code is amended to read:
"Section 12-6-3480. (A) Notwithstanding any other provision of law:
(1) Any credits under Title 38 may be applied against any taxes imposed under this chapter or license fees imposed under Chapter 20 of this title.
(2) Any credits under this chapter or Chapter 14 of this title which are earned by one member of a controlled group of corporations a corporation included in a consolidated corporate income tax return under Section 12-6-5020 may must be used and applied against the consolidated tax, unless otherwise specifically provided by that member and by any other members of the controlled group of corporations.
(3) Any limitations upon the total amount of liability for taxes or license fees that can be reduced by the use of a credit must be computed one credit at a time before any other another credit is used to reduce any remaining tax or license fee liability under this chapter or Chapter 20 of this title. Subject to item (4), The taxpayer may apply any credits arising under this chapter or Chapter 14 of this title in any order the taxpayer elects, and may apply a credit that is allowed for use against both taxes and license fees in any order, unless otherwise specifically provided, and against either one or both taxes and license fees in any given year, subject to specific limitations in the applicable credit statute and this item.
(4) No credit amount may be used more than once, and all credits must be used, to the extent possible in any given year, first by the company that earned them, and second against the tax which generated them. Unless otherwise provided by law, a tax credit administered by the department must be used to the extent possible in the year it is generated and cannot be refunded.
(5) As used in this section:,
(a) the term "controlled group of corporations" has the same meaning as provided under Section 1563 of the Internal Revenue Code without regard to Section 1563(a)(4), (b)(2)(A), only with respect to corporations which are in existence for less than one-half the number of days in the tax year referred to therein, and (b)(2)(C) and (D);
(b) the term 'tax credit' or 'credit' means a statutorily directed or authorized reduction in the tax liability made after any applicable tax rates are applied."
B. Section 12-6-3480 of the 1976 Code, as amended by this section, applies for taxable years beginning after 2003.
SECTION 5. A. Section 12-6-5020(F) of the 1976 Code is amended to read:
"(F) If a corporation which files or is required to file a consolidated return is entitled to one or more income tax credits, including the carryover of unused credits from prior years, the income tax credits may must be determined on a consolidated basis. Limitations on credits which refer to the income or the income tax liability of a corporation are deemed to refer to the income or income tax liability of the consolidated group, and credits shall reduce the consolidated group's tax liability regardless of whether or not the corporation entitled to the credit contributed to the tax liability or of the consolidated group."
B. Section 12-6-5020(F), as amended by this section, applies for taxable years beginning after 2003.
SECTION 6. A. Section 12-6-5030 of the 1976 Code is amended to read:
"Section 12-6-5030. (A) A partnership or 'S' Corporation may file a composite individual income tax return on behalf of the nonresident partners or shareholders that are individuals, or trusts, and or estates in which the income is taxed to the trust or estate, or the department may require that a partnership or 'S' Corporation file a composite individual income tax return on behalf of the nonresident partners or shareholders that are individuals, or trusts and estates in which the income is taxed to the trust or estate, provided that a nonresident partner or 'S' Corporation shareholder having taxable income within the jurisdiction of this State from sources other than the partnership or 'S' Corporation may not file as part of the composite return.
(B)(1) A composite return is one which combines the separate South Carolina tax liabilities of the nonresident partners or shareholders and a single return for two or more taxpayers having the same tax year in which each participant's share of the partnerships or 'S' Corporation's taxable income or loss is separately computed and added together to arrive at the total tax due on the composite return. The partnership or 'S' Corporation may elect to determine each participant's tax due by one of the following methods:
(a) compute the pro rata share of the standard deduction or itemized deductions, and personal exemption amount for each participant pursuant to Section 12-6-1720(2) in the same manner as if it was being separately reported; or
(b) compute each participant's share of South Carolina income without regard to any deductions or exemptions.
(2) The composite return is signed by a general partner or an authorized officer of the 'S' Corporation.
(C) If there is not sufficient information to determine the separate liability or the state of residence, then no deduction is allowed for personal exemptions, individual itemized deductions, or standard deductions.
(D)(1) A composite return may be filed even if some of the nonresident fiduciary and individual shareholders and partners eligible to participate in filing a composite return choose not to participate. Corporate taxpayers may not participate in a composite return.
(2) A nonresident participating in the composite return that has South Carolina income from sources other than the entity filing the composite return is required to file appropriate returns and make payment of all South Carolina taxes required by law. Taxes paid for the nonresident with the composite return shall reduce taxes due at the time the nonresident subject to this subitem files a separate return for the tax year reporting South Carolina income from all sources. The entity shall furnish to each nonresident a written statement as required by Section 12-8-1540(A) as proof of the amount that has been paid by the partnership or 'S' corporation as estimated payments for the nonresident and the amount paid for the nonresident with the composite return.
(E)(D) The department may establish procedures or promulgate rules and promulgate regulations necessary to carry out the provisions of this section."
B. Section 12-6-5030 of the 1976 Code, as amended by this section, applies for taxable years beginning after 2003.
SECTION 7. A. Section 12-8-1520(A)(2) of the 1976 Code is amended to read:
"(2) If a resident withholding agent is required under the Internal Revenue Code to deposit withheld funds at a financial institution, then the withholding agent shall deposit the funds required to be withheld under this chapter at a financial institution selected by the State Treasurer, unless otherwise instructed by the department."
B. Section 12-8-1520 of the 1976 Code is amended by adding at the end:
"(D) Any withholding agent making at least twenty-four payments in a year must do so as provided in Section 12-54-250."
C. Section 12-8-1520(A)(2) of the 1976 Code, as amended in subsection A of this section, takes effect July 1, 2004. The amendment to Section 12-8-1520 in the 1976 Code in subsection (B) of this section applies for payments due after January 1, 2005.
SECTION 8. Section 12-10-105 of the 1976 Code, as added by Act 334 of 2002, is amended to read:
Section 12-10-105. In addition to the application fee provided in Section 12-10-100, an additional annual fee of one thousand dollars must be remitted by those qualifying businesses receiving claiming in excess of ten thousand dollars of job development credits or in excess of ten thousand dollars in job retraining credits in one calendar year . to the department The fee is due for each project that is subject to a revitalization or retraining agreement that exceeds ten thousand dollars in one calendar year and must be remitted to the Department of Revenue to be used to reimburse the department of Revenue for costs incurred auditing reports required pursuant to Section 12-10-80(A). The fee becomes due at the time the single project's claims for job development credits or job retraining credits exceeds ten thousand dollars for that calendar year.
SECTION 9. A. Subsections (B)(1) and (C) of Section 12-20-105 of the 1976 Code, as last amended by Act 69 of 2003, are further amended to read:
"(1) To be considered an eligible project for purposes of this section, the project must qualify for income tax credits under Chapter 6 of Title 12, withholding tax credit under Chapter 10 of Title 12, income tax credits under Chapter 14 of Title 12, or fees in lieu of property taxes under either Chapter 12 of Title 4, Chapter 29 of Title 4, Chapter 37 of Title 12, or Chapter 44 of Title 12.
(C) For the purpose of this section, 'infrastructure' means improvements for water, sewer, gas, steam, electric energy, and communication services made to a building or land that are considered necessary, suitable, or useful to an eligible project. These improvements include, but are not limited to:
(1) improvements to both public or private water and sewer systems;
(2) improvements to both public or private electric, natural gas, and telecommunications systems including, but not limited to, ones owned or leased by an electric cooperative, electric utility, or electric supplier, as defined in Chapter 27, Title 58;
(3) fixed transportation facilities including highway, road, rail, water, and air;
(4) for a qualifying project under subsection (B)(2), infrastructure improvements include industrial shell buildings and the purchase of land for an office, business, commercial, or industrial park which is owned or constructed by a county or political subdivision of this State."
B. Subsections (B)(1) and (C) of Section 12-20-105 of the 1976 Code, as amended by this section, apply for taxable years beginning after 2003.
SECTION 10. Section 12-28-740(3)(b) of the 1976 Code is amended to read:
"(b) by application for a refund or credit against its liabilities otherwise arising under this chapter, if the purchase is charged to a credit card issued to an eligible government entity, the issuer of the card elects to be the ultimate vendor, and the federal agency is billed without the user fee;"
SECTION 11. Article 13, Chapter 28, Title 28 of the 1976 Code is amended by adding:
"Section 12-28-1400. (A) All information required to be reported in this chapter must be used in the tracking of petroleum products and must be submitted in the manner prescribed by the department by regulation. The regulation must include, but not be limited to, the data elements, the format of the data elements, and the method and medium of transmission to the department.
(B) A person liable for reporting under this chapter who fails to meet the requirements of this section within three months after notification of the failure by the department, in addition to all other penalties prescribed by this chapter, is subject to an additional penalty of five thousand dollars for each month the failure continues."
SECTION 12. Subsections (C) and (F) of Section 12-28-1730 of the 1976 Code are amended to read:
"(C) Reserved. The department shall impose a civil penalty on the operator of a vehicle of two hundred dollars for the initial occurrence in each calendar year of a violation of the prohibition of use of dyed motor fuel subject to the user fee on the public highways of this State. Each subsequent offense in a calendar year is subject to a civil penalty of five thousand dollars.
(F) The department shall impose a civil penalty in an amount equivalent to that imposed by Section 6715 of the Internal Revenue Code on the operator of a vehicle who knowingly violates the prohibition on the sale or use of dyed fuel upon public highways of this State. The department shall impose a civil penalty in the amount of one thousand dollars or ten dollars for each gallon of dyed fuel involved, whichever is greater, on the operator of a vehicle that is used on the highways of this State, or is authorized or otherwise allowed to be used on the highways of this State, and who uses dyed fuel for the propulsion of that vehicle or who stores dyed fuel to be used for the propulsion of a vehicle on the highways of this State, regardless of whether any of such dyed fuel is used for a nontaxable purpose, unless permitted to do so under federal law.
For purposes of this section, the operator is the person responsible for the management and operation of the vehicle, whether as owner, lessee, or other party."
SECTION 13. A. Section 12-36-2510 of the 1976 Code is amended to read:
"Section 12-36-2510. (A)(1) Notwithstanding other provisions of this chapter, when, in the opinion of the department, the nature of a taxpayers business renders it impracticable for the taxpayer to account for the sales or use taxes, as imposed by this chapter, at the time of purchase, the department may issue its certificate to the taxpayer authorizing the purchase at wholesale and the taxpayer is liable for the taxes imposed by this chapter with respect to the gross proceeds of sale, or sales price, of the property withdrawn, used or consumed by the taxpayer within this State. at its discretion, may issue or authorize for the efficient administration of the sales and use tax law any type of certificate allowing a taxpayer to purchase tangible personal property tax free and be liable for any taxes.
(2) In addition to any other type of certificate the department considers necessary to issue, the department may issue at its discretion:
(a) Direct pay certificate: a direct pay certificate allows its holder to make all purchases tax free and to report and pay directly to the department any taxes due. The holder of a direct pay certificate is liable for any taxes due. If an exemption or exclusion is not applicable, the tax is due upon the withdrawal, use, or consumption of the tangible personal property purchased with the certificate.
(b) Exemption certificate: an exemption certificate, as opposed to allowing its holder to make all purchases tax free, allows its holder to make only certain purchases tax free such as machinery, electricity, or raw materials. The holder of an exemption certificate is liable for any taxes due. If an exemption or exclusion is not applicable, the tax is due upon purchase, or upon the withdrawal, use, or consumption of the tangible personal property purchased with the certificate if the application of the exemption or exclusion cannot be determined at the time of purchase.
(B) To reduce the complexity and administrative burden of transactions exempt from sales or use tax, the following provisions must be followed when a purchaser claims an exemption by use of an exemption certificate:
(1) the seller shall obtain at the time of the purchase any information determined necessary by the department, including the reason the purchaser is claiming a tax exemption or exclusion;
(2) the department, at its discretion, may utilize a system where the purchaser exempt from the payment of the tax is issued an identification number which must be presented to the seller at the time of the sale;
(3) the seller shall maintain proper records of exempt or excluded transactions and provide them to the department when requested and in the form requested by the department.
(C) A seller that complies with the provisions of this section is relieved from any tax otherwise applicable if it is determined that the purchaser improperly claimed an exemption or exclusion by use of a certificate, provided the seller fraudulently did not fail to collect or remit the tax, or both, or solicit a purchaser to participate in an unlawful claim of an exemption. The liability for any tax shifts to the purchaser who improperly claimed the exemption or exclusion by use of the certificate."
B. This section takes effect October 1, 2004.
SECTION 14. Section 12-37-290 of the 1976 Code is repealed.
SECTION 15. A. Section 12-44-50(A)(3) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"(3) If the project subject to the fee agreement involves an investment of at least forty-five one hundred million dollars, the county and the sponsor may agree to pay the fees established in subsection (A)(1) based on an alternative payment method yielding a net present value of the fee schedule as calculated in subsection (A)(1) provided the sponsor agrees to a millage rate as established in subsection (A)(1)(b)(i). Net present value calculations must use a discount rate equivalent to the yield in effect for new or existing United States Treasury bonds of similar maturity as published during the month in which the fee agreement is executed. If no yield is available for the month in which the fee agreement is executed, the last published yield for the appropriate maturity available must be used. If there are no bonds of appropriate maturity available, bonds of different maturities may be averaged to obtain the appropriate maturity."
B. Notwithstanding the general effective date of this act, this section takes effect upon approval of this act by the Governor and except where otherwise specifically provided, applies for fee agreements entered into after September 30, 2004.
SECTION 16. A. Subsections (a) and (b) of Section 12-54-42 of the 1976 Code are amended to read:
"(a) An employer A person who fails to comply with the provisions of Section 12-8-1540, requiring the furnishing of a withholding statement to employees is subject to a penalty of not less than one hundred dollars nor more than one thousand dollars for each violation.
(b) An employer A person who fails to comply with the provisions of Section 12-8-540(A)(1), requiring the filing of withholding statements with the department is subject to a penalty of not less than one hundred dollars nor more than two thousand dollars for each violation."
B. This section takes effect July 1, 2004.
SECTION 17. A. Section 12-54-43(I) of the 1976 Code is amended to read:
"(I) A person:
(1)(a) who files what purports to be a return of the tax imposed by a provision of law administered by the department but which:
(a)(i) does not contain information on which the substantial correctness of the tax liability may be judged; or
(b)(ii) contains information that on its face indicates the liability is substantially incorrect; and or
(b) who files a claim, a protest, or document, other than a return, that contains information that on its face indicates its position is substantially incorrect; and
(2) whose conduct is due to:
(a) a position which is frivolous or groundless; or
(b) a desire, which appears on the purported return, claim, protest, or document, to delay or impede the administration of state tax laws;
(3) is liable to a penalty of five hundred dollars for the first filing, twenty-five hundred dollars for the second filing, and five thousand dollars for each subsequent filing. This penalty is These penalties are in addition to all other penalties provided by law."
B. Section 12-54-43 of the 1976 Code, as last amended by Act 89 of 2001, is further amended by adding an appropriately lettered subsection at the end to read:
"( ) If a purchaser uses a resale, wholesale, or an exemption certificate issued or authorized by the department to purchase tangible personal property tax free which the purchaser knows is not excluded or exempt from the tax under the provisions of Chapter 36 of this title, then the purchaser, in addition to any other penalties due under this title, is liable for a penalty of five percent of the amount of the tax if the failure is for not more than one month, with an additional five percent for each additional month or fraction of the month during which the failure continues, not exceeding fifty percent in the aggregate. The provisions of this section do not apply to direct pay certificates."
C. Section 12-54-43(I) of the 1976 Code, as amended by subsection A. of this section, takes effect October 1, 2004. Section 12-54-43 of the 1976 Code, as amended by subsection B. of this section, takes effect July 1, 2004.
SECTION 18. A. Chapter 54, Title 12 of the 1976 Code is amended by adding:
"Section 12-54-123. A person in possession of property upon which a levy has been made who, upon demand by the department, surrenders the property to the department must not be held personally liable for any obligation or liability to the taxpayer and any other person with respect to the property that arises from the surrender or payment. If a person brings an action not allowed pursuant to this section in any court of this State, the court shall dismiss the case."
B. This section takes effect July 1, 2004.
SECTION 19. A. Section 12-54-210(A) of the 1976 Code is amended to read:
"(A) A person liable for a tax, license, fee, or surcharge administered by the department or for the filing of a return with the department, including information returns, required by this title shall keep books, papers, memoranda, records, render statements, make returns, and comply with regulations as the department prescribes. Persons failing to comply with the provisions of this section must be penalized in an amount to be assessed by the department not to exceed five hundred one thousand dollars for the period covered by the return in addition to other penalties provided by law."
B. This section takes effect July 1, 2004.
SECTION 20. A. Items (11) and (12) of Section 12-54-240(B) of the 1976 Code are amended to read:
"(11) disclosure of information contained on a return to the South Carolina Employment Security department Commission, Department of Revenue, or to the Department of the Treasury, Alcohol, and Tobacco Tax and Firearms Division Trade Bureau;
(12)(a) disclosure to any state agency, county auditor, or county assessor of whether a resident or nonresident tax return was filed by any particular taxpayer.;
(b) disclosure to any county auditor or county assessor of whether the four percent assessment pursuant to Section 12-43-220(c)(1) has been claimed by a taxpayer in any county."
B. Section 12-54-240(B)(24) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"(24) disclosure of information pursuant to a subpoena issued by a federal grand jury or the State Grand Jury of South Carolina."
SECTION 21. A. Section 12-60-420 of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"Section 12-60-420. (A) If a division of the department makes a division decision or determines there is a deficiency in a state or local tax administered by the department, it may send by first class mail or deliver the division decision or the proposed assessment to the taxpayer. The division decision or the proposed assessment must explain the basis for the division decision or the proposed assessment and state that assessment will be made or the decision will become final unless the taxpayer protests the division decision or the proposed assessment as provided in Section 12-60-450.
(B) If the taxpayer fails to file a protest, the division decision or proposed assessment will become final and, if applicable, an assessment will be made for the amount of a proposed assessment. The department shall make available forms which taxpayers may use to protest the division decision or the proposed assessments. The division decision or the proposed assessment is effective if mailed to the taxpayer's last known address even if the taxpayer refuses or fails to take delivery, is deceased, or is under a legal disability, or, if a corporation, has terminated its existence. For a joint tax return or liability, one division decision or the proposed assessment may be mailed to both taxpayers unless the department has notice that the taxpayers have separate addresses in which event a duplicate original of the division decision or the proposed assessment must be sent to each taxpayer at his last known address."
B. This section takes effect January 1, 2004.
SECTION 22. Section 12-60-490 of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"Section 12-60-490. If a taxpayer is due a refund, the refund must be applied first against any amount of that same tax that is assessed and is currently due from the taxpayer. The remaining refund, if any, must then be applied against any other state taxes that have been assessed against the taxpayer and that are currently due, or offset as provided in Article 3, Chapter 54 Chapter 56 of this title, or offset to collect a debt pursuant to Section 12-4-580, or both. If any excess remains, the taxpayer must be refunded the amount plus interest as determined in Section 12-54-25, or, at the taxpayer's request, it may be credited to future tax liabilities."
SECTION 23. A. Section 61-4-720 of the 1976 Code, as last amended by Act 76 of 2001, is further amended to read:
"Section 61-4-720. Notwithstanding any other provision of law, a licensed winery located in this State which produces and sells only domestic wine as defined in Section 12-21-1010 is authorized to sell the domestic wine produced on its premises with a majority of the juice from fruit and berries which are grown in this State with an alcoholic content of sixteen percent or less on the winery premises and deliver or ship this wine to consumer homes in or outside the State. These domestic wineries are authorized to provide, with or without cost, wine taste samples to prospective customers."
B. This section takes effect July 1, 2004.
SECTION 24. A. Article 7, Chapter 4, Title 61 of the 1976 Code is amended by adding:
"Section 61-4-725. Notwithstanding any other provision of law, a licensed winery located in a county or municipality that has conducted a favorable referendum under the provisions of Section 61-6-2010, during those same hours authorized by permits issued under Section 61-6-2010, may sell, possess, and permit the consumption of wine on the premises."
B. This section takes effect July 1, 2004.
SECTION 25. A. Section 61-4-730 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
Section 61-4-730. Permitted wineries which produce and sell only domestic wine produced on its premises with a majority of the juice from fruit and berries which are grown in this State as defined in Section 12-21-1010 may sell the wine at retail, wholesale, or both, and deliver or ship the wine to the purchaser in the State. Domestic Wine must be delivered between 7:00 a.m. and 7:00 p.m.
B. This section takes effect July 1, 2004.
SECTION 26. A. Section 61-4-747(C)(4) of the 1976 Code, as added by Act 40 of 2003, is amended to read:
"(4) annually, by August thirty-first January twentieth of each year, pay to the department all sales taxes and excise taxes due on sales to residents of this State in the preceding calendar year, the amount of the taxes to be calculated as if the sale were in this State at the location where delivery is made;"
B. Section 61-4-747(C)(4) of the 1976 Code, as amended by this section, applies for reports due after 2004.
SECTION 27. Article 7, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-1085. Except as provided in Section 12-21-1035 and Sections 12-21-1320 to 12-21-1350, the taxes provided for in this article are in lieu of all other taxes and licenses on beer and wine of the State, the county, or the municipality, except the sales and use tax, or Sections 6-1-700 through 6-1-770, and include licenses for its delivery by the wholesaler."
SECTION 28. Subarticle 15, Article 3, Chapter 6, Title 61 of the 1976 Code is amended by adding:
"Section 61-6-1555. Notwithstanding any other provision of law, airline companies may purchase beer, wine, and alcoholic liquor directly from wholesalers licensed under the provisions of Section 61-4-520(3) or Section 61-6-100(2). Wholesalers may sell and deliver beer, wine, and alcoholic liquor to airline companies. It is a misdemeanor to use beer, wine, or alcoholic liquor purchased under the provisions of this section for any purpose other than the sale or use by the airline company on its airplanes."
SECTION 29. The ultimate undesignated paragraph of Section 12-6-3360(M)(3) of the 1976 Code, as last amended by Act 168 of 2004, is further amended to read:
Notwithstanding any other another provision of law, 'new job' includes jobs created by a taxpayer when the taxpayer hires more than five hundred full-time individuals:
(a) at a manufacturing facility located in a county classified as least developed distressed;
(b) immediately before their employment by the taxpayer, the individuals were employed by a company operating, as of the effective date of this paragraph, under Chapter 11 of the United States Bankruptcy Code; and
(c) the taxpayer, as an unrelated entity, acquires as of July 10, 2002, March 12, 2004, substantially all of the assets of the company operating under Chapter 11 of the United States Bankruptcy Code.
SECTION 30. A. Section 12-6-40(A)(1) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"(1)(a) Except as otherwise provided, 'Internal Revenue Code' means the Internal Revenue Code of 1986, as amended through December 31, 2002 2003, and includes the effective date provisions contained in it.
(b) For purposes of Sections 63 and 179 of the Internal Revenue Code, the amendments made by Sections 103 and 202 of the Jobs and Growth Tax Relief Reconciliation Act of 2003, P.L. 108-27 (May 28, 2003) are only effective for taxable years beginning after December 31, 2003."
B . That portion of Section 12-6-50 of the 1976 Code preceding item (1) is amended to read:
"For purposes of this chapter and references to the Internal Revenue Code and its sections, except as otherwise specifically provided, the following Internal Revenue Code Sections provisions are specifically not adopted by this State:"
SECTION 31. A. Title 12 of the 1976 Code is amended by adding:
Section 12-55-10. This chapter may be cited as the 'Overdue Tax Debt Collection Act'.
Section 12-55-20. The General Assembly finds that the Department of Revenue has documented that the state's cost of collecting overdue tax debts exceeds twenty percent of the cost of collecting overdue debts. The General Assembly further finds that the cost of collecting overdue tax debts is currently borne by taxpayers who pay their taxes on time. It is the intent of the General Assembly by enacting the 'Overdue Tax Debt Collection Act' to ship this cost to the delinquent taxpayers who owe overdue tax debts.
Section 12-55-30. (A) As used in this chapter:
(1) 'Overdue tax debt' means any part of a tax debt that remains unpaid one hundred twenty days or more after the taxpayer receives notice as defined in Section 12-55-30(A)(2).
(2) 'Notice' means a notice of assessment issued by the department to the taxpayer pursuant to the South Carolina Revenue Procedures Act.
(3) 'Tax debt' means the total amount of tax, fees, penalties, interest, and costs for which notice has been issued by the department to the taxpayer.
(B) Except when the context clearly indicates a different meaning, the definitions in Section 12-60-30 also apply to this chapter.
Section 12-55-40. A collection assistance fee may be imposed on an overdue tax debt. To impose a collection assistance fee on a tax debt, the department shall notify the taxpayer that the collection assistance fee may be imposed if the tax debt becomes overdue tax debt.
Section 12-55-50. The collection assistance fee is collectible as part of the debt. The department may waive the fee to the same extent as if it were a penalty.
Section 12-55-60. The amount of the collection assistance fee is twenty percent of the amount of the overdue tax.
Section 12-55-70. The proceeds of the collection assistance fee must be credited to a special account within the department and must be used to fund the South Carolina Business One Stop (SCBOS) program within the department. Any excess proceeds of the collection assistance fee above the amount required to fund the SCBOS program must be credited to the department to be retained and expended for use in budgeted operations.
Section 12-55-80. The department may bring suits in the courts of other states to collect taxes legally due this State. The officials of other states are empowered to sue for the collection of taxes in the courts of this State. Whenever the department considers it expedient to employ local counsel to assist in bringing suit in an out-of-state court, the department may employ local counsel.
Section 12-55-90. Collection agencies with which the department contracts under Sections 12-4-340 and 12-54-227 are also authorized to collect on behalf of the department overdue tax debts and the collection fee imposed by this chapter."
B. The 'Overdue Tax Debt Collection Act' as added by this section applies for all tax debts incurred before which remain outstanding on December 1, 2002, and to all tax debts incurred on or after December 1, 2002.
SECTION 32. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this , and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 33. Subarticle 15, Article 3, Chapter 6, Title 61 of the 1976 Code is amended by adding:
"Section 61-6-1555. Notwithstanding any other provision of law, an airline company may purchase beer, wine, and alcoholic liquor directly from a wholesaler licensed pursuant to the provisions of Section 61-4-520(3) or Section 61-6-100(2). A wholesaler may sell and deliver beer, wine, and alcoholic liquor to an airline company for use on the company's airplanes. A person other than an airline passenger who uses beer, wine, or alcoholic liquor purchased pursuant to the provisions of this section for another purpose other than the sale or use by the airline company on its airplanes is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than six months, or both. Each violation of this section constitutes a separate offense."
SECTION 34. Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) prescription and over-the-counter medicines and medical supplies, including diabetic supplies, sold to a health care clinic that provides medical and dental care without charge to all of its patients."
SECTION 35. A. Article 3, Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-223. (A) For purposes of this section, real property means real property classified for property tax purposes pursuant to Section 12-43-220.
(B) There is exempted from property tax an amount of fair market value of real property located in the county sufficient to limit to twenty percent any valuation increase attributable to a countywide appraisal and equalization program conducted pursuant to Section 12-43-217. An exemption allowed by this section does not apply to:
(1) value attributable to property or improvements not previously taxed, such as new construction, and for renovation of existing structures;
(2) real property transferred after the year in which the most recent countywide equalization program was implemented pursuant to Section 12-43-217; and
(3) real property valued for property tax purposes by the unit evaluation method.
(C)(1) Notwithstanding subsection (B)(2), the exemption provided in subsection (B) applies to property which has been transferred in fee simple in a transfer that is not subject to income tax pursuant to Sections 102, limited to transfer to a spouse or surviving spouse, (Gifts and Inheritances), 1033 (Conversions--Fire and Insurance Proceeds to Rebuild), 1041 (Transfers of Property Between Spouses or Incident to Divorce), 351 (Transfer to a Corporation Controlled by Transferor), 355 (Distribution by a Controlled Corporation), 368 (Corporate Reorganizations), 721 (Nonrecognition of Gain or Loss on a Contribution to a Partnership) of the Internal Revenue Code as defined in Section 12-6-40; and to distributions of real property out of corporations, partnerships, or limited liability companies to persons who initially contributed the property to the corporation, partnership, or limited liability company.
(2) Notwithstanding subsection (B)(2), and in addition to the nondisqualifying transfers allowed pursuant to item (1) of this subsection, the transfer of any interest in real property to a spouse, whether inter vivos, testamentary, or by operation of law, is a nondisqualifying transfer, and the exemption allowed pursuant to subsection (B) continues to apply to the interest transferred.
(D) Once the taxable value of a property is reduced because of the exemption provided in subsection (B), that reduced value remains in effect, except as otherwise provided in subsection (B)(2), until the implementation of the next equalization and reassessment program. The effect of this exemption is, that upon the implementation of each subsequent equalization and reassessment program, the value of the property as determined under Section 12-37-930, reduced by the amount of any exemption granted under this section, may not increase except in the year following a disqualifying transfer in ownership.
When a property is transferred such that the property is no longer eligible for the exemption provided for in subsection (B), the property is subject to being taxed in the tax year following the transfer at its value, as determined under Section 12-37-930, at market value based on the sale or transfer of ownership or at the appraised value determined by the county assessor.
(E) The closing attorney involved in a real estate transfer shall provide the following notice to the buyer(s), which was ruled out of order:
THE INTEREST IN REAL PROPERTY TRANSFERRED AS A RESULT OF THIS TRANSACTION MAY BE SUBJECT TO PROPERTY TAXATION DURING THE NEXT TAX YEAR AT A VALUE THAT REFLECTS ITS FAIR MARKET VALUE.
(F) To qualify for the exemption authorized under subsection (B), the owner of the property for which the exemption is sought or the owner's agent must apply to the county assessor where the property is located and establish eligibility for the exemption. The time period for making application for the exemption provided for in subsection (B), or for seeking a refund of taxes paid as a result of a subsequent determination of eligibility for the exemption, is the same as provided for in Section 12-43-220(c) for administering the special legal residence assessment ratio, mutatis mutandis.
Under penalty of perjury, the taxpayer must certify that the property meets the qualifications established in subsection (B) for eligibility for the exemption and provide such other proof required by the county assessor. The burden is on the taxpayer to establish eligibility for the exemption. The Department of Revenue shall assist the applicant and the assessor to the extent practicable in providing information necessary or helpful in determining eligibility. If the assessor determines the applicant ineligible, the value of the property must be determined by the assessor.
No further application is necessary from the owner who qualified the property for the exemption while the property continues to meet the eligibility requirements. If a change in ownership occurs, the owner who had qualified for the exemption shall notify the assessor within six months of the transfer of title. Another application is required by the new owner if the new owner seeks to qualify for the exemption provided by this section.
If a person signs the certification, obtains the exemption, and is, thereafter, found not eligible, a penalty may be imposed equal to one hundred percent of the tax paid, plus interest on that amount at a rate of one-half of one percent a month, but in no case less than thirty dollars nor more than the current year's taxes assessed on the value of the property without regard to the exemption."
B. Section 12-37-223. A. of the 1976 Code, is repealed for property tax years beginning after 2003.
C. Article 1, Chapter 37, title 12 of the 1976 Code is amended by adding:
"Section 12-37-130. The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall appoint, by January 14, 2014, a task force to study the effects of this chapter on homeowners and the real estate industry and recommend changes to this chapter, and shall report its findings to the General Assembly no later than January 13, 2015."
D. Section 6-1-320(A) of the 1976 Code, as last amended by Act 114 of 1999, is further amended to read:
"(A) Notwithstanding Section 12-37-251(E), a local governing body may increase the millage rate imposed for general operating purposes above the rate imposed for such purposes for the preceding tax year only to the extent of the increase in the consumer price index for the in the average of the twelve monthly consumer prices indexes for the most recent twelve-month period consisting of January through December of the preceding calendar year. However, in the year in which a reassessment program is implemented, the rollback millage, as calculated pursuant to Section 12-37-251(E), must be used in lieu of the previous year's millage rate."
E. This section takes effect upon approval by the Governor and applies for countywide reassessment values implemented after 2003. Amounts exempted pursuant to the former provisions of Section 12-37-223(A) are deemed to have been exempted pursuant to Section 12-37-223 of the 1976 Code, as added by this Section.
SECTION 36. A. Article 5, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-515. (A) Notwithstanding the rates of taxes imposed pursuant to Section 12-6-510, beginning with taxes due for the 2005 taxable year and continuing each taxable year thereafter, the then applicable top marginal rate of income tax imposed by that section is reduced by .225 until the top marginal rate of income tax attains a permanent rate of 4.75 percent. The department shall make the necessary adjustments to the rates and the brackets otherwise applicable pursuant to Section 12-6-510.
(B) Notwithstanding the scheduled reductions in the top marginal income tax rate provided in subsection (A) of this section, beginning with the top marginal rate applicable for taxable year 2006, the reduction otherwise scheduled must not be made for that taxable year if estimated general fund revenue growth as established in the February fifteenth revenue forecast of the Board of Economic Advisors is less than two percent of the most recent estimate by the board of general fund revenues for the current fiscal year. No reduction in the top marginal rate made pursuant to this section may exceed .225 for any one taxable year.
In addition, no reductions in the income tax rates provided for in this section for any taxable year may occur unless the Board of Economic Advisors certifies that sufficient general fund revenues for the fiscal year immediately following the reduction will remain available for the General Assembly in the annual general appropriations act for that year to maintain K-12 education funding at the level of the previous year."
B. This section takes effect July 1, 2005. Adjustments to withholding or estimated tax payments to reflect the lower 2005 taxable year marginal income tax rate may not be made before that date.
SECTION 37. Except where otherwise provided, this act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. PERRY explained the amendment.
Rep. J. E. SMITH raised the Point of Order that Amendment No. 1A was out of order in that it was not germane to the Bill.
Rep. PERRY argued contra.
Rep. TRIPP argued that the amendment was germane to the Bill.
SPEAKER WILKINS stated that the amendment was not germane to the Bill. He therefore sustained the Point of Order and ruled the amendment out of order.
Rep. HARRELL proposed the following Amendment No. 2A (Doc Name COUNCIL\GGS\22776HTC04), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/ SECTION ____. Section 12-14-60(D) of the 1976 Code is amended to read:
"(D)(1) Unused credit allowed pursuant to this section may be carried forward for ten years from the close of the tax year in which the credit was earned.
(2) In the case of credit earned and unused within the initial ten-year period, a taxpayer may continue to carry forward unused credits for use in any subsequent tax years if the taxpayer:
(a) is engaged in this State in an activity or activities listed under the North American Industry Classification System Manual (NAICS) Section 31, 32, or 33;
(b)(i) is employing one thousand or more full-time workers in this State and having a total capital investment in this State of not less than five hundred million dollars; or
(ii) is employing eight hundred fifty or more full-time workers in this State and having a total capital investment in this State of not less than seven hundred fifty million dollars; and
(c) made a total capital investment of not less than fifty million dollars in the previous five years.
Credits carried forward beyond the initial ten-year period may not reduce a taxpayer's state income tax liability in any subsequent tax year by more than twenty-five percent."/
Renumber sections to conform.
Amend title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. SCOTT moved to adjourn debate on the Senate Amendments, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
H. 3734 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 48-20-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF FEES AND CIVIL PENALTIES COLLECTED PURSUANT TO THE SOUTH CAROLINA MINING ACT, SO AS TO PROVIDE THAT ANY INCREASE IN FEE REVENUE ATTRIBUTABLE TO THE FEE STRUCTURE IMPOSED JULY 1, 2003, MUST BE APPROPRIATED FOR THE BUDGET OF THE MINING AND RECLAMATION PROGRAM IN THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SPECIFICALLY TO PROVIDE ADDITIONAL STAFF FOR THE PROGRAM AND TO PROVIDE EDUCATIONAL AND TRAINING ASSISTANCE TO THE MINING INDUSTRY IN THIS STATE.
Rep. COOPER explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 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.
Rep. HARRELL proposed the following Amendment No. 1A (Doc Name COUNCIL\BBM\10407SD04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 12-37-224 of the 1976 Code, as added by Act 114 of 1999, is amended to read:
"Section 12-37-224. (A) A motor home or boat on which the interest portion of indebtedness is deductible pursuant to the Internal Revenue Code as an interest expense on a qualified primary or second residence is also a primary or second residence for purposes of ad valorem property taxation in this State and is considered real property rather than personal property for property tax purposes.
(B) The maximum ad valorem taxation on such a boat for any year is one thousand five hundred dollars."
SECTION 2. Section 12-37-220(B) of the 1976 Code, as last amended by Act 69 of 2003, is further amended by adding an appropriately numbered item to read:
"( ) Beginning with calendar year 2004, the maximum amount of ad valorem taxation for any year which may be imposed on any boat and motor required to be registered, numbered, and titled under the laws of this State is one thousand five hundred dollars."
SECTION 3. The amendment to Section 12-37-224 of the 1976 Code contained in this act is effective for property tax years beginning after 2004.
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. LIMEHOUSE explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration:
H. 3778 (Word version) -- Reps. Herbkersman, Bailey, Bowers, Ceips, Clark, Clemmons, Duncan, Gilham, Haskins, J. Hines, Hinson, Hosey, Littlejohn, Lloyd, Lourie, Mahaffey, Merrill, Miller, Moody-Lawrence, J. H. Neal, Pinson, E. H. Pitts, Richardson, Rivers, Sandifer, Scarborough, Simrill, Sinclair, Snow, Toole, Umphlett, Vaughn, Viers, White and Whitmire: A BILL TO AMEND SECTION 56-5-1210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF A DRIVER OF A VEHICLE INVOLVED IN AN ACCIDENT RESULTING IN INJURY TO OR THE DEATH OF A PERSON, SO AS TO DELETE THE PHRASE "IN EVERY EVENT" AS IT REFERS TO INSTANCES IN WHICH A DRIVER INVOLVED IN AN ACCIDENT SHALL REMAIN AT THE SCENE OF THE ACCIDENT, TO DELETE THE PHRASE "MORE THAN IS NECESSARY" AS IT REFERS TO A DRIVER INVOLVED IN AN ACCIDENT MAKING A STOP WITHOUT OBSTRUCTING TRAFFIC, AND TO PROVIDE THAT STATE AND LOCAL AUTHORITIES MAY ERECT SIGNS ALONG HIGHWAYS AND STREETS THAT INFORM THE PUBLIC THAT A STOP MADE PURSUANT TO THIS SECTION MUST BE MADE WITHOUT OBSTRUCTING TRAFFIC; AND TO AMEND SECTION 56-5-1220, AS AMENDED, RELATING TO THE DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DAMAGE TO A VEHICLE WHICH IS DRIVEN OR ATTENDED BY A PERSON, SO AS TO DELETE THE PHRASE "IN EVERY EVENT" AS IT REFERS TO INSTANCES IN WHICH A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DAMAGE TO CERTAIN VEHICLES SHALL REMAIN AT THE SCENE OF THE ACCIDENT, TO DELETE THE PHRASE "MORE THAN IS NECESSARY" AS IT REFERS TO A DRIVER INVOLVED IN AN ACCIDENT MAKING A STOP WITHOUT OBSTRUCTING TRAFFIC, AND PROVIDE THAT STATE AND LOCAL AUTHORITIES MAY ERECT SIGNS ALONG HIGHWAYS AND STREETS THAT INFORM THE PUBLIC THAT A STOP MADE PURSUANT TO THIS SECTION MUST BE MADE WITHOUT OBSTRUCTING TRAFFIC.
Rep. HERBKERSMAN explained the Senate Amendments.
Rep. HERBKERSMAN moved to adjourn debate on the Senate Amendments, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
S. 16 (Word version) -- Senators Setzler, Mescher, Grooms, Ravenel, Reese, Courson, Branton and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, ADDING SECTION 8-11-177 TO PROVIDE THREE DAYS OF PAID LEAVE FOR STATE EMPLOYEES IN THE CASE OF THE DEATH OF AN IMMEDIATE FAMILY MEMBER AND PERMIT THE EMPLOYING AGENCY TO REQUIRE A STATEMENT FROM THE EMPLOYEE STATING THEIR RELATIONSHIP TO THE DECEASED.
Rep. HARRELL explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3737 (Word version) -- Reps. Loftis, Bingham, Chellis, Harrison, Hinson, Leach, Merrill, Perry, Sandifer, Toole and Whitmire: A BILL TO AMEND SECTION 56-10-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFISCATION OF SUSPENDED OR REVOKED DRIVER'S LICENSES, MOTOR VEHICLE REGISTRATION CARDS, AND MOTOR VEHICLE LICENSE PLATES, SO AS TO PROVIDE THAT WHEN A LAW ENFORCEMENT OFFICER CONFISCATES A LICENSE PLATE, HE SHALL LEAVE NOTICE AT THE LOCATION WHERE THE LICENSE PLATE WAS CONFISCATED THAT CONTAINS HIS NAME AND LAW ENFORCEMENT AGENCY, THE DATE THE LICENSE PLATE WAS CONFISCATED, THE REASON IT WAS CONFISCATED, AND THE LOCATION WHERE THE LICENSE PLATE IS STORED.
Rep. HARRISON explained the Senate Amendments.
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration:
H. 4740 (Word version) -- Reps. Miller, Hayes, J. E. Smith, Altman, Anthony, Battle, Bowers, Branham, Ceips, Clark, Clemmons, Clyburn, Frye, Gourdine, Hagood, Harrison, Herbkersman, Whipper, M. Hines, Hinson, Hosey, Keegan, Leach, Littlejohn, Lloyd, Ott, Rhoad, Rice, Richardson, Scarborough, Snow, Stille, Taylor, Townsend, Vaughn, Whitmire, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA SAFE ROUTES TO SCHOOLS ACT" BY ADDING SECTION 59-17-150 SO AS TO PROVIDE THAT MUNICIPAL AND COUNTY GOVERNING BODIES SHALL WORK WITH SCHOOL DISTRICTS LOCATED IN THEIR JURISDICTIONS TO IDENTIFY BARRIERS AND HAZARDS TO CHILDREN WALKING OR BICYCLING TO AND FROM SCHOOL, TO PROVIDE THAT THE MUNICIPALITIES, COUNTIES, AND DISTRICTS MAY DEVELOP A PLAN FOR THE FUNDING OF IMPROVEMENTS DESIGNED TO REDUCE THE BARRIERS AND HAZARDS IDENTIFIED, TO PROVIDE THAT EACH SCHOOL DISTRICT SHALL FORM A COORDINATING COMMITTEE AND EACH SCHOOL SHALL FORM A SAFE ROUTES TO SCHOOL TEAM TO PERFORM SPECIFIED FUNCTIONS IN REGARD TO SAFE PEDESTRIAN AND BICYCLE ROUTES TO SCHOOL, AND TO PROVIDE THAT THE FIRST WEDNESDAY OF OCTOBER OF EACH YEAR IS DESIGNATED AS "WALK YOUR CHILD TO SCHOOL/BIKE TO SCHOOL DAY" IN EACH SCHOOL DISTRICT OF THIS STATE.
Rep. MILLER moved to adjourn debate on the Senate Amendments, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
H. 5002 (Word version) -- Reps. Cato and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-90-35 SO AS TO PROVIDE FOR CONFIDENTIALITY OF INFORMATION SUBMITTED BY A CAPTIVE INSURANCE COMPANY PURSUANT TO THE PROVISIONS OF CHAPTER 90, TITLE 38 AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 38-87-30, RELATING TO CHARTERING RISK RETENTION GROUPS, SO AS TO REQUIRE A CAPTIVE INSURANCE COMPANY TO COMPLY WITH THESE PROVISIONS; TO AMEND SECTION 38-90-10, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH A CAPTIVE INSURANCE COMPANY, SO AS TO CHANGE THE DEFINITIONS OF "INDUSTRIAL INSURED GROUP" AND "PARENT"; TO AMEND SECTION 38-90-20, AS AMENDED, RELATING TO LICENSING A CAPTIVE INSURANCE COMPANY BY THE DIRECTOR OF INSURANCE, SO AS TO AUTHORIZE A NONPROFIT CORPORATION TO BE LICENSED AND PROVIDE CONSISTENCY WITH THE PROVISIONS OF SECTION 38-90-35 REGARDING CONFIDENTIAL MATERIALS, AND PROVIDE A PROCEDURE BY WHICH A FOREIGN OR ALIEN CAPTIVE INSURANCE COMPANY MAY BECOME A DOMESTIC CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 38-90-25, RELATING TO THE AUTHORITY OF A CAPTIVE INSURANCE COMPANY TO WRITE REINSURANCE COVERING PROPERTY AND CASUALTY INSURANCE OR REINSURANCE CONTRACTS, SO AS TO PROVIDE CONSISTENCY WITH THE PROVISIONS OF SECTION 38-90-35 REGARDING CONFIDENTIAL MATERIALS; TO AMEND SECTION 38-90-40, AS AMENDED, RELATING TO THE LICENSING OF A CAPTIVE INSURANCE COMPANY BY THE DIRECTOR OF INSURANCE BASED ON THE CAPITALIZATION OF THE COMPANY, SO AS TO PROVIDE CAPITALIZATION REQUIREMENTS FOR LICENSING A NONPROFIT CORPORATION AS A CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 38-90-50, AS AMENDED, RELATING TO LICENSING A CAPTIVE INSURANCE COMPANY BASED ON CERTAIN MINIMUM AMOUNTS OF FREE SURPLUS, SO AS TO CHANGE THE REQUIREMENTS FOR A SPONSORED CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 38-90-60, AS AMENDED, RELATING TO INCORPORATION OPTIONS AND REQUIREMENTS OF CERTAIN CAPTIVE INSURANCE COMPANIES, SO AS TO ADD AN ADDITIONAL OPTION FOR A NONPROFIT COMPANY; TO AMEND SECTION 38-90-70, AS AMENDED, RELATING TO FILING REPORTS BY A CAPTIVE INSURANCE COMPANY, SO AS TO MAKE CERTAIN INFORMATION SUBMITTED IN A REPORT CONFIDENTIAL; TO AMEND SECTION 38-90-80, RELATING TO THE INSPECTION AND EXAMINATION OF A CAPTIVE INSURANCE COMPANY BY THE DIRECTOR OF INSURANCE, SO AS TO PROVIDE THAT CERTAIN CONFIDENTIALITY PROVISIONS DO NOT APPLY TO THE DIRECTOR IN MAKING FINAL REPORTS; TO AMEND SECTION 38-90-140, AS AMENDED, RELATING TO THE TAXATION OF A CAPTIVE INSURANCE COMPANY, SO AS TO CHANGE THE DEFINITION OF "COMMON OWNERSHIP AND CONTROL" TO INCLUDE NONPROFIT CORPORATIONS; TO AMEND SECTION 38-90-180, AS AMENDED, RELATING TO THE APPLICABILITY OF THE PROVISIONS OF CHAPTERS 26 AND 27, TITLE 38, TO INSURANCE REORGANIZATIONS, RECEIVERSHIPS, AND INJUNCTIONS TO CAPTIVE INSURANCE COMPANIES, SO AS TO MAKE THE TERMS AND CONDITIONS APPLY TO TITLE 38 INSTEAD OF CHAPTERS 26 AND 27, TITLE 38; AND TO REPEAL SECTION 38-90-170 RELATING TO APPLICABILITY OF THE TERMS AND CONDITIONS OF TITLE 38 TO INSURANCE REORGANIZATIONS, RECEIVERSHIPS, AND INJUNCTIONS TO CAPTIVE INSURANCE COMPANIES FORMED UNDER CHAPTER 90, TITLE 38.
Rep. SCARBOROUGH moved to adjourn debate on the Senate Amendments, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
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.
Rep. HARRISON explained the Senate Amendments.
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
The Senate amendments to the following Concurrent Resolution were taken up for consideration:
H. 5384 (Word version) -- Reps. Whitmire and Sandifer: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 76 IN OCONEE COUNTY FROM THE VILLAGE OF LONG CREEK TO THE CHATTOOGA RIVER THE "MATHESON MEMORIAL HIGHWAY" AND INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "MATHESON MEMORIAL HIGHWAY".
The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.
Rep. LEACH moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 5415 (Word version) -- Reps. Hagood, 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, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, 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 HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE J. RICHARDS "RICK" TODD ON HIS TWENTY-FIVE YEARS OF SERVICE AND COMMITMENT TO THE SOUTH CAROLINA TRUCKING ASSOCIATION AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 5416 (Word version) -- Reps. J. Brown, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, 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 HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE THE PASTORS OF RIGHT DIRECTION CHRISTIAN CENTER, DR. HERBERT BAILEY, JR. AND DR. MARCIA BAILEY, ITS MEMBERS, AND PARTNERS DURING THE CELEBRATION OF THE DEDICATION SERVICE OF THE RDCC SPRUNG STRUCTURE IN COLUMBIA ON JUNE 13, 2004, AND TO EXTEND BEST WISHES TO THEM IN ALL OF THEIR FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 5417 (Word version) -- Rep. Limehouse: A HOUSE RESOLUTION TO CONGRATULATE THE BISHOP ENGLAND HIGH SCHOOL GIRLS TRACK AND FIELD TEAM AND THEIR HEAD COACH, TONY COLIZZI, ON WINNING THE 2004 AA STATE TRACK AND FIELD CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION ON THEIR FOURTH CONSECUTIVE TRACK AND FIELD STATE TITLE.
The Resolution was adopted.
The following was introduced:
H. 5418 (Word version) -- Reps. Clemmons, Barfield, Edge, Hayes, Keegan, Viers and Witherspoon: A HOUSE RESOLUTION TO ENCOURAGE THE DEPARTMENT OF NATURAL RESOURCES TO RECONSIDER ITS PRELIMINARY DECISION TO CLOSE THE DEPARTMENT'S WILDLIFE OFFICE IN HORRY COUNTY, TO CONTINUE TO MAINTAIN OPERATIONS OF THIS OFFICE, AND TO TAKE STEPS NECESSARY TO MAINTAIN THE NECESSARY STAFFING FOR THIS VALUABLE CONSISTENT SERVICE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 5419 (Word version) -- Rep. Neilson: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. EDWARD HURSEY OF DARLINGTON FOR HIS OUTSTANDING SERVICE TO HIS COMMUNITY AND THE STATE OF SOUTH CAROLINA AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5420 (Word version) -- Reps. Koon, Huggins, E. H. Pitts, Ott, Bingham, Frye, McLeod, Toole, Clark and Witherspoon: A HOUSE RESOLUTION TO HONOR AND RECOGNIZE RAYMOND L. AND ALICE S. BOOZER FOR THEIR DEDICATION AND INVOLVEMENT IN THE GILBERT COMMUNITY AND THE LEXINGTON COUNTY PEACH FESTIVAL AND TO EXTEND BEST WISHES TO THEM IN ALL OF THEIR FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 5421 (Word version) -- Rep. Martin: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE JAMES AVERY WILKS OF ANDERSON FOR EARNING A PERFECT SCORE OF 1600 ON THE SCHOLASTIC APTITUDE TEST (SAT) AND FOR BEING NAMED THE STATE AAAA SAT STUDENT CHAMPION AND TO WISH HIM GREAT SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.
The Resolution was adopted.
On motion of Rep. CEIPS, with unanimous consent, the following was taken up for immediate consideration:
H. 5422 (Word version) -- Rep. Ceips: A CONCURRENT RESOLUTION TO COMMEND THOSE AGENCIES AND MEMBERS OF THE PUBLIC ENGAGED IN THE PRESERVATION OF SOUTH CAROLINA'S HISTORIC CEMETERIES AND ARCHAEOLOGICAL SITES AND TO CONDEMN THOSE WHO VANDALIZE AND LOOT THE SAME FOR PROFIT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5423 (Word version) -- Reps. Clemmons, Barfield, Edge, Hayes, Keegan, Viers and Witherspoon: A CONCURRENT RESOLUTION TO ENCOURAGE THE DEPARTMENT OF NATURAL RESOURCES TO RECONSIDER ITS PRELIMINARY DECISION TO CLOSE THE DEPARTMENT'S WILDLIFE OFFICE IN HORRY COUNTY, TO CONTINUE TO MAINTAIN OPERATIONS OF THIS OFFICE, AND TO TAKE STEPS NECESSARY TO MAINTAIN THE NECESSARY STAFFING FOR THIS VALUABLE CONSISTENT SERVICE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
On motion of Rep. YOUNG, with unanimous consent, the following Bill was ordered recalled from the Dorchester Delegation:
S. 1277 (Word version) -- Senator Branton: A BILL TO AMEND ACT 327 OF 1977, RELATING TO THE ABILITY OF SCHOOL DISTRICT NO. 2 OF DORCHESTER COUNTY TO ISSUE BONDS, SO AS TO PROVIDE THAT, BEFORE ISSUING BONDS, THE TRUSTEES SHALL SUBMIT THE QUESTION TO THE QUALIFIED ELECTORS OF THE DISTRICT AT THE TIME OF THE GENERAL ELECTION.
On motion of Rep. YOUNG, with unanimous consent, the following Bill was ordered recalled from the Dorchester Delegation:
S. 1278 (Word version) -- Senator Branton: A BILL TO AMEND ACT 327 OF 1977, RELATING TO THE ABILITY OF SCHOOL DISTRICT NO. 2 OF DORCHESTER COUNTY TO ISSUE BONDS, SO AS TO PROVIDE THAT, BEFORE ISSUING BONDS, THE TOTAL FULL TERM UNPAID BALANCE REMAINING ON ANY INDEBTEDNESS THAT A SCHOOL DISTRICT IS OBLIGATED TO PAY OVER ANY PERIOD MUST BE INCLUDED IN ITS GENERAL OBLIGATION DEBT.
The Senate amendments to the following Bill were taken up for consideration:
H. 3065 (Word version) -- Rep. Kirsh: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 55 ENACTING THE "OVERDUE TAX DEBT COLLECTION ACT" AUTHORIZING THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO IMPOSE A COLLECTION ASSISTANCE FEE ON CERTAIN OVERDUE TAX DEBTS EQUAL TO TWENTY PERCENT OF THE OVERDUE AMOUNT AND TO ALLOW THE DEPARTMENT TO RETAIN A PORTION OF THE COLLECTION ASSISTANCE FEE FOR ITS OPERATION.
Rep. Rice proposed the following Amendment No. 5A (Doc Name COUNCIL\GGS\22779HTC04), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered Section to read:
/ SECTION ____. Section 12-37-220(B)(7) of the 1976 Code is amended to read:
"(7) All property owned or leased and used or occupied by The Boy's or Girl's Scouts of America and used exclusively for the purposes of those organizations." /
Renumber sections to conform.
Amend title to conform.
Rep. RICE explained the amendment.
The amendment was then adopted.
Rep. J. E. SMITH proposed the following Amendment No. 6A (Doc Name COUNCIL\GGS\22780HTC04), which was tabled:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/ SECTION ____. Chapter 37, Title 12 of the 1976 Code is amended by adding:
Section 12-37-3310. As used in this article:
(1) 'Gross household income' means all income, for all individuals residing within the household, from whatever source derived in a taxable year including, but not limited to:
(a) compensation for services including fees, commissions, and similar items;
(b) gross income derived from dealings in property;
(c) gains derived from dealings in property;
(d) interest;
(e) rents;
(f) royalties;
(g) dividends;
(h) alimony;
(I) income from life insurance and endowment contracts;
(j) annuities;
(k) pensions;
(l) income from discharge of indebtedness;
(m) distributive share of partnership gross income;
(n) income from an interest in an estate or trust; and
(o) federal old age, survivor, or disability benefits.
(2) 'Household' means an individual or group of individuals living together in a room or group of rooms as a housing unit.
(3) 'Claimant' means a person who files a claim for property tax relief under this article who is eligible to claim the homestead exemption allowed pursuant to Section 12-37-250 and who meets the gross household income requirements of Section 12-37-3370.
(4) 'Property taxes accrued' means property taxes, exclusive of special assessments, penalties, and charges for service, levied on a claimant's homestead in this State in a year.
Section 12-37-3320. The right to file a claim under this article is personal to the claimant and does not survive the claimant's death, but the right may be exercised on behalf of a claimant by the claimant's legal guardian or attorney-in-fact. If a claimant dies after having filed a timely claim, the amount of the claim must be disbursed to another member of the household as determined by the department. If the claimant was the only member of his household, the claim may be paid to the claimant's personal representative.
Section 12-37-3330. Subject to limitations provided in this article, a claimant may claim in a year as a credit against South Carolina individual income taxes due on his income, a percentage of property taxes accrued in the preceding calendar year. If the allowable amount of the claim exceeds the income taxes due on claimant's income, the amount of the claim not used as an offset against income taxes, after certification by the department, must be paid to the claimant. No interest is allowed on a payment made to a claimant pursuant to this article.
Section 12-37-3340. No claim with respect to property taxes accrued may be paid or is allowed, unless the claim is filed with the department on or before the due date, without regard to any extension, for filing the South Carolina individual income tax return for the year with respect to which the claim for credit is made. In case of sickness, absence, or other disability, or for other good cause shown, the department may extend for not more than six months the time for filing a claim.
Section 12-37-3350. The amount of a claim otherwise payable under this article is subject to the provisions of Chapter 56 of this title, the Setoff Debt Collection Act.
Section 12-37-3360. Only one claimant a household a year is entitled to the credit allowed by this article.
Section 12-37-3370. (A) The amount of a claim made pursuant to this article is determined as provided in subsection (B) of this section except that the total credit may not exceed two hundred fifty dollars.
(B) For a taxable year a claimant is allowed a credit in the amount by which the property tax on the homestead exceeds a percentage of the claimant's gross household income for the taxable year determined according to the following schedule:
If Gross Household Then the Taxpayer is Entitled
Income (Rounded to to Credit for Property Tax
the Nearest Income) paid in Excess of this
is: Percent of Income.
$ 0 - 14,999 1.0%
15,000-19,999 1.5%
20,000-24,999 2.0%
25,000-29,999 2.25%
30,000 or more no credit
(C) The department shall prepare a table under which claims under this article must be determined. The amount of claim as shown in this table for each bracket must be computed only to the nearest dollar.
Section 12-37-3380. The department shall prescribe and make available suitable forms with instructions for claimants, including a form which may be included with or separate from the individual income tax return. The form must include the table required pursuant to Section 12-37-3370(C).
The claim must be in the form the department prescribes. Those claimants who certify on the prescribed form that there is no income tax liability are not required to file an individual income tax return.
Section 12-37-3390. Every claimant under this article shall supply the department, in support of the claim, a receipt of property taxes paid for purposes of this article and any changes of homestead.
Section 12-37-3400. If on the audit of a claim filed under this article the department determines the amount to have been incorrectly determined, the claim must be corrected. If the claim has been refunded or allowed as a credit against income taxes otherwise payable, the amount of the credit disallowed or refunded in error may be recovered by assessment as income taxes are assessed with applicable interest allowed by Section 12-54-20.
Section 12-37-3410. No claim for relief under this article is allowed to a person who is a recipient of public funds for the payment of the property taxes accrued during the period for which the claim is filed.
Section 12-37-3420. A claim must be disallowed if the department finds that the claimant received title to his homestead primarily for the purpose of receiving benefits under this article.
Section 12-37-3430. The provisions of this article apply for property tax years beginning after 2004." /
Renumber sections to conform.
Amend title to conform.
Rep. MILLER moved to table the amendment, which was agreed to.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
Rep. HARRELL moved to reconsider the vote whereby the Senate Amendments to the following Bill were amended, which was agreed to:
H. 3065 (Word version) -- Rep. Kirsh: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 55 ENACTING THE "OVERDUE TAX DEBT COLLECTION ACT" AUTHORIZING THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO IMPOSE A COLLECTION ASSISTANCE FEE ON CERTAIN OVERDUE TAX DEBTS EQUAL TO TWENTY PERCENT OF THE OVERDUE AMOUNT AND TO ALLOW THE DEPARTMENT TO RETAIN A PORTION OF THE COLLECTION ASSISTANCE FEE FOR ITS OPERATION.
Rep. HARRELL moved to reconsider the vote whereby Amendment No. 2A was adopted, which was agreed to.
Rep. HARRELL moved to table the amendment, which was agreed to.
Rep. HARRELL moved to reconsider the vote whereby Amendment No. 5A was adopted, which was agreed to.
Rep. HARRELL moved to table the amendment, which was agreed to.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3778 (Word version) -- Reps. Herbkersman, Bailey, Bowers, Ceips, Clark, Clemmons, Duncan, Gilham, Haskins, J. Hines, Hinson, Hosey, Littlejohn, Lloyd, Lourie, Mahaffey, Merrill, Miller, Moody-Lawrence, J. H. Neal, Pinson, E. H. Pitts, Richardson, Rivers, Sandifer, Scarborough, Simrill, Sinclair, Snow, Toole, Umphlett, Vaughn, Viers, White and Whitmire: A BILL TO AMEND SECTION 56-5-1210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF A DRIVER OF A VEHICLE INVOLVED IN AN ACCIDENT RESULTING IN INJURY TO OR THE DEATH OF A PERSON, SO AS TO DELETE THE PHRASE "IN EVERY EVENT" AS IT REFERS TO INSTANCES IN WHICH A DRIVER INVOLVED IN AN ACCIDENT SHALL REMAIN AT THE SCENE OF THE ACCIDENT, TO DELETE THE PHRASE "MORE THAN IS NECESSARY" AS IT REFERS TO A DRIVER INVOLVED IN AN ACCIDENT MAKING A STOP WITHOUT OBSTRUCTING TRAFFIC, AND TO PROVIDE THAT STATE AND LOCAL AUTHORITIES MAY ERECT SIGNS ALONG HIGHWAYS AND STREETS THAT INFORM THE PUBLIC THAT A STOP MADE PURSUANT TO THIS SECTION MUST BE MADE WITHOUT OBSTRUCTING TRAFFIC; AND TO AMEND SECTION 56-5-1220, AS AMENDED, RELATING TO THE DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DAMAGE TO A VEHICLE WHICH IS DRIVEN OR ATTENDED BY A PERSON, SO AS TO DELETE THE PHRASE "IN EVERY EVENT" AS IT REFERS TO INSTANCES IN WHICH A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DAMAGE TO CERTAIN VEHICLES SHALL REMAIN AT THE SCENE OF THE ACCIDENT, TO DELETE THE PHRASE "MORE THAN IS NECESSARY" AS IT REFERS TO A DRIVER INVOLVED IN AN ACCIDENT MAKING A STOP WITHOUT OBSTRUCTING TRAFFIC, AND PROVIDE THAT STATE AND LOCAL AUTHORITIES MAY ERECT SIGNS ALONG HIGHWAYS AND STREETS THAT INFORM THE PUBLIC THAT A STOP MADE PURSUANT TO THIS SECTION MUST BE MADE WITHOUT OBSTRUCTING TRAFFIC.
Rep. HERBKERSMAN explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 4740 (Word version) -- Reps. Miller, Hayes, J. E. Smith, Altman, Anthony, Battle, Bowers, Branham, Ceips, Clark, Clemmons, Clyburn, Frye, Gourdine, Hagood, Harrison, Herbkersman, Whipper, M. Hines, Hinson, Hosey, Keegan, Leach, Littlejohn, Lloyd, Ott, Rhoad, Rice, Richardson, Scarborough, Snow, Stille, Taylor, Townsend, Vaughn, Whitmire, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA SAFE ROUTES TO SCHOOLS ACT" BY ADDING SECTION 59-17-150 SO AS TO PROVIDE THAT MUNICIPAL AND COUNTY GOVERNING BODIES SHALL WORK WITH SCHOOL DISTRICTS LOCATED IN THEIR JURISDICTIONS TO IDENTIFY BARRIERS AND HAZARDS TO CHILDREN WALKING OR BICYCLING TO AND FROM SCHOOL, TO PROVIDE THAT THE MUNICIPALITIES, COUNTIES, AND DISTRICTS MAY DEVELOP A PLAN FOR THE FUNDING OF IMPROVEMENTS DESIGNED TO REDUCE THE BARRIERS AND HAZARDS IDENTIFIED, TO PROVIDE THAT EACH SCHOOL DISTRICT SHALL FORM A COORDINATING COMMITTEE AND EACH SCHOOL SHALL FORM A SAFE ROUTES TO SCHOOL TEAM TO PERFORM SPECIFIED FUNCTIONS IN REGARD TO SAFE PEDESTRIAN AND BICYCLE ROUTES TO SCHOOL, AND TO PROVIDE THAT THE FIRST WEDNESDAY OF OCTOBER OF EACH YEAR IS DESIGNATED AS "WALK YOUR CHILD TO SCHOOL/BIKE TO SCHOOL DAY" IN EACH SCHOOL DISTRICT OF THIS STATE.
Rep. TOWNSEND proposed the following Amendment No. 1A (Doc Name COUNCIL\NBD\12687AC04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. This act may be cited as the "South Carolina Safe Routes to Schools Act".
SECTION 2. Chapter 17, Title 59 of the 1976 Code is amended by adding:
"Section 59-17-150. (A) Municipal and county governing bodies shall work with school districts located in their jurisdictions to identify barriers and hazards to children walking or bicycling to and from school. The municipalities, counties, and districts may develop a plan for the funding of improvements designed to reduce the barriers and hazards identified. The sources of these funds may include federal funding or grants, state funding, or funding from private sources. Nothing in this section shall obligate any agency of federal, state, or local government to provide funding for identified improvements.
(B) Each school district in this State may establish a Safe Routes to School District Coordinating Committee. The coordinating committee shall include parents, children, teachers, administrators, local law enforcement officials, public health officials, interested citizens, and other persons familiar with the transportation needs of the school district. Duties of the coordinating committee may include gathering information about the schools in the district through surveys and traffic counts; organizing incentive-based events and contests to encourage students to try new modes of transportation, and promoting the program through school newsletters, assemblies, web sites, and other means to reach parents and students.
Any school within the district may establish a Safe Routes to School Team. The team shall include parents, children, teachers, administrators, and neighbors of the school. The team may be expanded to include local law enforcement officials, public health officials, and other persons familiar with the transportation needs of the school. The team shall select a representative to serve on the District Coordinating Committee. Duties of the team may include gathering information about their school through surveys and traffic counts, organizing incentive-based events and contests to encourage students to try new modes of transportation, and promoting the program through school newsletters and other means to reach parents and students.
(C) The first Wednesday of October of each year is designated as 'Walk or Bicycle with Your Child to School Day' in each school district of this State to promote walking or riding bicycles to school by students, with escorts if necessary, and to identify needed improvements such as sidewalks or safer pedestrian routes not open to vehicular traffic."
SECTION 3. Section 59-26-20(j) of the 1976 Code is amended by adding a paragraph at the end to read:
"Notwithstanding another provision of this item:
(1) For a student seeking loan forgiveness pursuant to the Teacher Loan Program after July 1, 2004, 'critical geographic area' must be defined as a school that:
(a) has an absolute rating of below average or unsatisfactory;
(b) has an average teacher turnover rate for the past three years that is twenty percent or higher; or
(c) meets the poverty index criteria at the seventy percent level or higher.
(2) After July 1, 2004, a student shall have his loan forgiven based on those schools or districts designated as critical geographic areas at the time of employment.
(3) The definition of critical geographic area must not change for a student who has a loan, or who is in the process of having a loan forgiven before July 1, 2004."
SECTION 4. Article 3, Chapter 25, Title 59 of the 1976 Code is amended by adding:
"Section 59-25-280. (A) The State Board of Education permanently shall revoke, refuse to issue, or renew a certificate without a hearing, if the holder of or applicant for the certificate pleads guilty, pleads nolo contendere, or is found guilty of the following crimes, whether or not a sentence is imposed and regardless of where the matter was tried:
(1) a violent crime as defined in Section 16-1-60;
(2) certain offenses related to obscenity, material harmful to minors, child exploitation, and child prostitution, including Sections 16-15-305, 16-15-335, 16-15-345, 16-15-355, 16-15-365, 16-15-385, 16-15-387, 16-15-395, 16-15-405, 16-15-410, 16-15-415, and 16-15-425; or
(3) a criminal offense similar in nature to the crimes listed in items (1) and (2) committed in other jurisdictions or pursuant to federal law.
(B) A school district may not employ an educator in any capacity whose South Carolina certificate is revoked pursuant to subsection (A)."
SECTION 5. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
Reps. TRIPP, ALTMAN, HINSON and MERRILL proposed the following Amendment No. 2A (Doc Name COUNCIL\PT\ 2140MM04), which was ruled out of order:
Amend the bill, as and if amended, Section 59-17-150(A) as contained in SECTION 2 by adding at the end of the subsection the following:
/ Nothing contained in this section or in any other provision of law permits a local jurisdiction or public entity to exceed the constitutional debt limitations applicable to it. Any debt or obligation incurred by a private entity or operator pursuant to an agreement in conjunction with the acquisition, design, construction, improvement, renovation, expansion, or equipping of a project under this section or other project on a school building or other school property is a general obligation debt of the local jurisdiction or public entity regardless of how described for the purpose of determining the applicable constitutional debt limitation of that jurisdiction or entity if the local jurisdiction or public entity uses its ad valorem property taxing authority or pledges its full faith and credit to generate funding in order to meet all or any portion of its payment obligations under the agreement in connection with a project under this section or other project on a school building or school property. /
Renumber sections to conform.
Amend title to conform.
Rep. TRIPP explained the amendment.
Rep. TOWNSEND raised the Point of Order that Amendment No. 2A 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.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration:
H. 5002 (Word version) -- Reps. Cato and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-90-35 SO AS TO PROVIDE FOR CONFIDENTIALITY OF INFORMATION SUBMITTED BY A CAPTIVE INSURANCE COMPANY PURSUANT TO THE PROVISIONS OF CHAPTER 90, TITLE 38 AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 38-87-30, RELATING TO CHARTERING RISK RETENTION GROUPS, SO AS TO REQUIRE A CAPTIVE INSURANCE COMPANY TO COMPLY WITH THESE PROVISIONS; TO AMEND SECTION 38-90-10, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH A CAPTIVE INSURANCE COMPANY, SO AS TO CHANGE THE DEFINITIONS OF "INDUSTRIAL INSURED GROUP" AND "PARENT"; TO AMEND SECTION 38-90-20, AS AMENDED, RELATING TO LICENSING A CAPTIVE INSURANCE COMPANY BY THE DIRECTOR OF INSURANCE, SO AS TO AUTHORIZE A NONPROFIT CORPORATION TO BE LICENSED AND PROVIDE CONSISTENCY WITH THE PROVISIONS OF SECTION 38-90-35 REGARDING CONFIDENTIAL MATERIALS, AND PROVIDE A PROCEDURE BY WHICH A FOREIGN OR ALIEN CAPTIVE INSURANCE COMPANY MAY BECOME A DOMESTIC CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 38-90-25, RELATING TO THE AUTHORITY OF A CAPTIVE INSURANCE COMPANY TO WRITE REINSURANCE COVERING PROPERTY AND CASUALTY INSURANCE OR REINSURANCE CONTRACTS, SO AS TO PROVIDE CONSISTENCY WITH THE PROVISIONS OF SECTION 38-90-35 REGARDING CONFIDENTIAL MATERIALS; TO AMEND SECTION 38-90-40, AS AMENDED, RELATING TO THE LICENSING OF A CAPTIVE INSURANCE COMPANY BY THE DIRECTOR OF INSURANCE BASED ON THE CAPITALIZATION OF THE COMPANY, SO AS TO PROVIDE CAPITALIZATION REQUIREMENTS FOR LICENSING A NONPROFIT CORPORATION AS A CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 38-90-50, AS AMENDED, RELATING TO LICENSING A CAPTIVE INSURANCE COMPANY BASED ON CERTAIN MINIMUM AMOUNTS OF FREE SURPLUS, SO AS TO CHANGE THE REQUIREMENTS FOR A SPONSORED CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 38-90-60, AS AMENDED, RELATING TO INCORPORATION OPTIONS AND REQUIREMENTS OF CERTAIN CAPTIVE INSURANCE COMPANIES, SO AS TO ADD AN ADDITIONAL OPTION FOR A NONPROFIT COMPANY; TO AMEND SECTION 38-90-70, AS AMENDED, RELATING TO FILING REPORTS BY A CAPTIVE INSURANCE COMPANY, SO AS TO MAKE CERTAIN INFORMATION SUBMITTED IN A REPORT CONFIDENTIAL; TO AMEND SECTION 38-90-80, RELATING TO THE INSPECTION AND EXAMINATION OF A CAPTIVE INSURANCE COMPANY BY THE DIRECTOR OF INSURANCE, SO AS TO PROVIDE THAT CERTAIN CONFIDENTIALITY PROVISIONS DO NOT APPLY TO THE DIRECTOR IN MAKING FINAL REPORTS; TO AMEND SECTION 38-90-140, AS AMENDED, RELATING TO THE TAXATION OF A CAPTIVE INSURANCE COMPANY, SO AS TO CHANGE THE DEFINITION OF "COMMON OWNERSHIP AND CONTROL" TO INCLUDE NONPROFIT CORPORATIONS; TO AMEND SECTION 38-90-180, AS AMENDED, RELATING TO THE APPLICABILITY OF THE PROVISIONS OF CHAPTERS 26 AND 27, TITLE 38, TO INSURANCE REORGANIZATIONS, RECEIVERSHIPS, AND INJUNCTIONS TO CAPTIVE INSURANCE COMPANIES, SO AS TO MAKE THE TERMS AND CONDITIONS APPLY TO TITLE 38 INSTEAD OF CHAPTERS 26 AND 27, TITLE 38; AND TO REPEAL SECTION 38-90-170 RELATING TO APPLICABILITY OF THE TERMS AND CONDITIONS OF TITLE 38 TO INSURANCE REORGANIZATIONS, RECEIVERSHIPS, AND INJUNCTIONS TO CAPTIVE INSURANCE COMPANIES FORMED UNDER CHAPTER 90, TITLE 38.
Rep. SCARBOROUGH moved to adjourn debate on the Senate Amendments, which was agreed to.
Rep. SCARBOROUGH moved that the House recur to the Morning Hour, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
H. 4801 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-1-748, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO ARE ISSUED A RESTRICTED DRIVER'S LICENSE UNDER VARIOUS PROVISIONS OF LAW BEING INELIGIBLE TO OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE UNDER THESE PROVISIONS, SO AS TO PROVIDE THAT THIS LIMITATION ALSO APPLIES TO A PERSON ISSUED A RESTRICTED DRIVER'S LICENSE AFTER HIS LICENSE IS SUSPENDED FOR REFUSING TO SUBMIT TO TESTING TO DETERMINE HIS ALCOHOL CONCENTRATION OR FOR REGISTERING A CERTAIN LEVEL OF ALCOHOL CONCENTRATION; AND TO AMEND SECTION 56-1-1320, AS AMENDED, RELATING TO THE ISSUANCE OF PROVISIONAL DRIVER'S LICENSES, SO AS TO PROVIDE THAT A PERSON MAY BE ISSUED ONLY ONE PROVISIONAL DRIVER'S LICENSE IN A TEN-YEAR PERIOD.
Rep. TOWNSEND moved to waive Rule 5.15, which was not agreed to by a division vote of 36 to 26.
The Senate amendments to the following Bill were taken up for consideration:
H. 5257 (Word version) -- Rep. Stille: A BILL TO AMEND ACT 1675 OF 1972, AS AMENDED, RELATING TO THE DONALDS-DUE WEST WATER AND SEWER AUTHORITY, SO AS TO ADD TWO MEMBERS TO THE AUTHORITY APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF THE ABBEVILLE COUNTY LEGISLATIVE DELEGATION, TO ADD AND DEFINE THE EXTENDED SERVICE AREA OF THE AUTHORITY FROM WHICH THESE TWO NEW MEMBERS SHALL RESIDE, AND TO MAKE CONFORMING AMENDMENTS.
Rep. STILLE explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
S. 131 (Word version) -- Senators Giese, Ritchie, Ravenel, Reese, Courson, Mescher and Rankin: A BILL TO AMEND SECTION 59-112-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF THE ARMED SERVICES OF THE UNITED STATES STATIONED IN SOUTH CAROLINA AND THEIR DEPENDENTS BEING ELIGIBLE FOR IN-STATE TUITION RATES, SO AS TO PROVIDE THAT MEMBERS OF THE COAST GUARD AND THEIR DEPENDENTS STATIONED IN THIS STATE ARE ALSO ELIGIBLE FOR IN-STATE TUITION RATES.
Rep. G. M. SMITH explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 5358 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A BILL TO AMEND ACT 1627 OF 1972, RELATING TO THE DORCHESTER COUNTY VOCATIONAL EDUCATION BOARD OF TRUSTEES, SO AS TO PROVIDE FOR THE APPOINTMENT OF THE NINE MEMBERS OF THE BOARD AND PROVIDE THAT A MEMBER OF A SCHOOL BOARD OF TRUSTEES MAY NOT SERVE ON THE VOCATIONAL EDUCATION BOARD.
Reps. CHELLIS and BAILEY proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12691MM04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 1 of Act 1627 of 1972 is amended to read:
"SECTION 1. There is hereby created in Dorchester County the Dorchester Vocational Education Board of Trustees, which shall be a body politic and corporate, and which shall consist of seven nine members. as follows: one member of the board shall be appointed from each of the three school districts in Dorchester County by a majority of the board of trustees of the district and four members shall Seven members must be appointed by a majority of the Dorchester County Legislative Delegation. Council, one of whom must be appointed from each county council district. One member must be a member of Dorchester County School District No. 2 and appointed by a majority of the board of trustees of Dorchester County School District No. 2, and one member must be a member of Dorchester County School District No. 4 and appointed by a majority of the board of trustees of Dorchester County School District No. 4, both of whom shall serve as members of the vocational school board. All members shall serve for a term of three years and until their successors are appointed and qualify, except that of those initially appointed, the members appointed by the school districts shall serve for terms of two years and until their successors are appointed and qualify existing members of the board previously appointed by the Dorchester County Legislative Delegation shall serve until July 1, 2006, and until their successors are appointed by the county council and qualify. Vacancies on the board of trustees shall be filled in the manner of the original appointment for the unexpired portion of the term only."/
Renumber sections to conform.
Amend title to conform.
Rep. CHELLIS explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration:
S. 848 (Word version) -- Senators Verdin and Knotts: A BILL TO AMEND SECTION 56-5-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZED EMERGENCY VEHICLES, SO AS TO PROVIDE THAT THESE VEHICLES ARE ALLOWED TO USE AND DISPLAY ANY BLUE LIGHTS OR RED LIGHTS; TO DEFINE THE TERM "DISPLAY", AND TO PROVIDE THAT ONLY CERTAIN AUTHORIZED EMERGENCY VEHICLES MAY DISPLAY THE WORD "POLICE".
Rep. TOWNSEND explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 4968 (Word version) -- Reps. Limehouse, Harrell, J. E. Smith, Cato, Ceips, Clyburn, Edge, Herbkersman, Hinson, Lourie, Neilson, Cobb-Hunter, Lloyd, Gourdine, J. H. Neal, Parks and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 TO TITLE 12 SO AS TO ENACT THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, PROVIDING FOR NEW TAX INCENTIVES FOR MOTION PICTURE PRODUCTION COMPANIES SPENDING MONIES IN SOUTH CAROLINA, SPECIFICALLY, RELIEF FROM THE SALES AND USE TAX, AN EMPLOYMENT TAX REBATE, AND A SEVEN PERCENT REBATE OF THE COST OF GOODS AND SERVICES, AS WELL AS ASSISTANCE AND CONVENIENCE IN LOCATING, AND NEGOTIATING RATES FOR THE USE OF, PUBLIC PROPERTY AS FILMING LOCATIONS, AUTHORIZATION OF THE FORMATION OF A SOUTH CAROLINA FILM FOUNDATION TO SOLICIT DONATIONS FOR THE RECRUITMENT OF MOTION PICTURE PRODUCTIONS TO THIS STATE, AND FUNDING FROM A PORTION OF THE ADMISSIONS TAX COLLECTED BY THE STATE TO SUPPORT THE FUNCTIONS OF THE SOUTH CAROLINA FILM COMMISSION IN THESE EFFORTS AND TO PROVIDE FOR PROMOTION OF COLLABORATIVE EFFORTS BETWEEN STATE INSTITUTIONS OF HIGHER LEARNING AND MOTION PICTURE RELATED ENTITIES; TO AMEND ARTICLE 25, CHAPTER 6 OF TITLE 12, RELATING TO SOUTH CAROLINA INCOME TAX CREDITS, BY ADDING SECTION 12-6-3560 SO AS TO PROVIDE FOR A CREDIT AGAINST THE STATE INCOME TAX TO ENCOURAGE THE PRODUCTION OF TELEVISED COMMERCIAL ADVERTISEMENTS IN THIS STATE, AND BY ADDING SECTION 12-6-3570 SO AS TO PROVIDE FOR CREDITS AGAINST THE STATE INCOME TAX FOR A PORTION OF THE TAXPAYER'S CASH INVESTMENT IN A MOTION PICTURE PROJECT OR IN THE CONSTRUCTION, CONVERSION, AND EQUIPPING OF A MOTION PICTURE PRODUCTION OR POST-PRODUCTION FACILITY IN THIS STATE; TO AMEND SECTION 12-36-920, RELATING TO THE ACCOMMODATIONS TAX, SO AS TO PROVIDE RELIEF FROM THE PAYMENT OF THE TAX BY A MOTION PICTURE PRODUCTION COMPANY PRODUCING A MOTION PICTURE IN SOUTH CAROLINA; TO AMEND SECTION 12-36-110, RELATING TO "SALE AT RETAIL" FOR PURPOSES OF THE STATE'S SALES AND USE TAX, SO AS TO PROVIDE THAT THE TERM DOES NOT APPLY TO A PURCHASE MADE IN CONNECTION WITH THE CERTIFIED PRODUCTION OF A MOTION PICTURE; AND TO AMEND SECTION 1-30-25, AS AMENDED, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO SUBSTITUTE "SOUTH CAROLINA FILM COMMISSION" FOR "SOUTH CAROLINA FILM OFFICE".
Rep. LIMEHOUSE explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
S. 821 (Word version) -- Senators Short and Moore: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-9800 AUTHORIZING THE DEPARTMENT OF MOTOR VEHICLES TO ISSUE A SPECIAL COMMEMORATIVE "BREAST CANCER AWARENESS" MOTOR VEHICLE LICENSE PLATE, TO REQUIRE A FEE OF THIRTY-FIVE DOLLARS ABOVE THAT REQUIRED FOR A STANDARD LICENSE PLATE AND TO REQUIRE THOSE FUNDS BE USED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO EXPAND SERVICES PROVIDED BY THE BEST CHANCE NETWORK.
Rep. TOWNSEND explained the Senate Amendments.
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration:
S. 720 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 59 TO TITLE 44 SO AS TO ESTABLISH THE CATAWBA RIVER BASIN ADVISORY COMMITTEE AND THE CATAWBA RIVER BASIN BI-STATE COMMISSION, AND PROVIDE FOR THEIR DUTIES, POWERS, AND FUNCTIONS.
Rep. WITHERSPOON explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 5094 (Word version) -- Rep. Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1555 SO AS TO ALLOW AN AIRLINE COMPANY TO PURCHASE BEER, WINE, AND ALCOHOLIC LIQUOR DIRECTLY FROM A LICENSED WHOLESALER, TO PROVIDE THAT THE WHOLESALER MAY SELL AND DELIVER THE BEER, WINE, AND ALCOHOLIC LIQUOR TO AN AIRLINE COMPANY, AND TO PROVIDE A PENALTY IF A PERSON USES BEER, WINE, OR ALCOHOLIC LIQUOR PURCHASED PURSUANT TO THIS SECTION FOR ANOTHER PURPOSE OTHER THAN THE SALE OR USE BY THE AIRLINE COMPANY.
Rep. HARRISON explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
S. 687 (Word version) -- Senator J. V. Smith: A BILL TO AMEND CHAPTER 2, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF ACCOUNTANTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ACCOUNTANTS INCLUDING, BUT NOT LIMITED TO, REVISING THE COMPOSITION OF THE BOARD TO CONTAIN THREE RATHER THAN TWO MEMBERS OF THE PUBLIC, CLARIFYING THE SCOPE OF PRACTICE OF ACCOUNTANTS, FURTHER SPECIFYING EDUCATIONAL REQUIREMENTS FOR LICENSURE, AUTHORIZING FEES FOR REGISTRATION OF ACCOUNTING FIRMS, AUTHORIZING THE ESTABLISHMENT OF PEER REVIEW STANDARDS, INCREASING CRIMINAL PENALTIES, REVISING LICENSURE RENEWAL PROCEDURES, DELETING PROVISIONS FOR THE LICENSURE AND REGULATION OF ACCOUNTING PRACTITIONERS AND TO PROVIDE CERTAIN TRANSITION PROVISIONS.
Rep. SCARBOROUGH explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
S. 548 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 40-71-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF CERTAIN PROFESSIONAL SOCIETIES WHO ARE EXEMPT FROM TORT LIABILITY, SO AS TO REVISE THE DEFINITION OF PROFESSIONAL SOCIETY TO INCLUDE CRIMINAL JUSTICE ORGANIZATIONS.
Rep. HARRISON explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 5418 (Word version) -- Reps. Clemmons, Barfield, Edge, Hayes, Keegan, Viers and Witherspoon: A HOUSE RESOLUTION TO ENCOURAGE THE DEPARTMENT OF NATURAL RESOURCES TO RECONSIDER ITS PRELIMINARY DECISION TO CLOSE THE DEPARTMENT'S WILDLIFE OFFICE IN HORRY COUNTY, TO CONTINUE TO MAINTAIN OPERATIONS OF THIS OFFICE, AND TO TAKE STEPS NECESSARY TO MAINTAIN THE NECESSARY STAFFING FOR THIS VALUABLE CONSISTENT SERVICE.
On motion of Rep. LEACH, with unanimous consent, the following House Resolution was taken up for immediate consideration:
H. 5418 (Word version) -- Reps. Clemmons, Barfield, Edge, Hayes, Keegan, Viers and Witherspoon: A HOUSE RESOLUTION TO ENCOURAGE THE DEPARTMENT OF NATURAL RESOURCES TO RECONSIDER ITS PRELIMINARY DECISION TO CLOSE THE DEPARTMENT'S WILDLIFE OFFICE IN HORRY COUNTY, TO CONTINUE TO MAINTAIN OPERATIONS OF THIS OFFICE, AND TO TAKE STEPS NECESSARY TO MAINTAIN THE NECESSARY STAFFING FOR THIS VALUABLE CONSISTENT SERVICE.
Whereas, it has come to the attention of the South Carolina House of Representatives that the South Carolina Department of Natural Resources is contemplating the closure of the Department of Natural Resources County Office presently operating at the M. L. Brown Building on Highway 701 in Conway, South Carolina; and
Whereas, the House of Representatives believes that the public service provided by this office serves a vital constituent need in light of there being approximately twenty thousand registered boats in Horry County; and
Whereas, the House of Representatives understands that Horry County is committed to its ongoing financial responsibility for the normal and reasonable expenses associated with the department's continued staffing of the local office. Now, therefore,
Be it resolved by the House of Representatives:
That the South Carolina House of Representatives, by this resolution, encourages the South Carolina Department of Natural Resources to reconsider its preliminary decision to close the department's wildlife office in Horry County, to continue to maintain operations of this office, and to take steps necessary to maintain the necessary staffing for this valuable constituent service.
Be it further resolved that a copy of this resolution be forwarded to the Director of the South Carolina Department of Natural Resources, the Chairman of the South Carolina Natural Resources Board, and the Director of the Horry County Department of Natural Resources Wildlife Office.
The Resolution was adopted.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 5423 (Word version) -- Reps. Clemmons, Barfield, Edge, Hayes, Keegan, Viers and Witherspoon: A CONCURRENT RESOLUTION TO ENCOURAGE THE DEPARTMENT OF NATURAL RESOURCES TO RECONSIDER ITS PRELIMINARY DECISION TO CLOSE THE DEPARTMENT'S WILDLIFE OFFICE IN HORRY COUNTY, TO CONTINUE TO MAINTAIN OPERATIONS OF THIS OFFICE, AND TO TAKE STEPS NECESSARY TO MAINTAIN THE NECESSARY STAFFING FOR THIS VALUABLE CONSISTENT SERVICE.
On motion of Rep. LEACH, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:
H. 5423 (Word version) -- Reps. Clemmons, Barfield, Edge, Hayes, Keegan, Viers and Witherspoon: A CONCURRENT RESOLUTION TO ENCOURAGE THE DEPARTMENT OF NATURAL RESOURCES TO RECONSIDER ITS PRELIMINARY DECISION TO CLOSE THE DEPARTMENT'S WILDLIFE OFFICE IN HORRY COUNTY, TO CONTINUE TO MAINTAIN OPERATIONS OF THIS OFFICE, AND TO TAKE STEPS NECESSARY TO MAINTAIN THE NECESSARY STAFFING FOR THIS VALUABLE CONSISTENT SERVICE.
Whereas, it has come to the attention of the South Carolina General Assembly that the South Carolina Department of Natural Resources is contemplating the closure of the Department of Natural Resources County Office presently operating at the M. L. Brown Building on Highway 701 in Conway, South Carolina; and
Whereas, the General Assembly believes that the public service provided by this office serves a vital constituent need in light of there being approximately twenty thousand registered boats in Horry County; and
Whereas, the General Assembly understands that Horry County is committed to its ongoing financial responsibility for the normal and reasonable expenses associated with the department's continued staffing of the local office. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the South Carolina General Assembly, by this resolution, encourages the South Carolina Department of Natural Resources to reconsider its preliminary decision to close the department's wildlife office in Horry County, to continue to maintain operations of this office, and to take steps necessary to maintain the necessary staffing for this valuable constituent service.
Be it further resolved that a copy of this resolution be forwarded to the Director of the South Carolina Department of Natural Resources, the Chairman of the South Carolina Natural Resources Board, and the Director of the Horry County Department of Natural Resources Wildlife Office.
The Concurrent Resolution was adopted and ordered sent to the Senate.
Rep. COOPER moved that the House recede until 2:00 p.m., which was agreed to.
At 2:00 p.m. the House resumed, the SPEAKER PRO TEMPORE in the Chair.
The question of a quorum was raised.
A quorum was later present.
The Senate amendments to the following Bill were taken up for consideration:
H. 5002 (Word version) -- Reps. Cato and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-90-35 SO AS TO PROVIDE FOR CONFIDENTIALITY OF INFORMATION SUBMITTED BY A CAPTIVE INSURANCE COMPANY PURSUANT TO THE PROVISIONS OF CHAPTER 90, TITLE 38 AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 38-87-30, RELATING TO CHARTERING RISK RETENTION GROUPS, SO AS TO REQUIRE A CAPTIVE INSURANCE COMPANY TO COMPLY WITH THESE PROVISIONS; TO AMEND SECTION 38-90-10, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH A CAPTIVE INSURANCE COMPANY, SO AS TO CHANGE THE DEFINITIONS OF "INDUSTRIAL INSURED GROUP" AND "PARENT"; TO AMEND SECTION 38-90-20, AS AMENDED, RELATING TO LICENSING A CAPTIVE INSURANCE COMPANY BY THE DIRECTOR OF INSURANCE, SO AS TO AUTHORIZE A NONPROFIT CORPORATION TO BE LICENSED AND PROVIDE CONSISTENCY WITH THE PROVISIONS OF SECTION 38-90-35 REGARDING CONFIDENTIAL MATERIALS, AND PROVIDE A PROCEDURE BY WHICH A FOREIGN OR ALIEN CAPTIVE INSURANCE COMPANY MAY BECOME A DOMESTIC CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 38-90-25, RELATING TO THE AUTHORITY OF A CAPTIVE INSURANCE COMPANY TO WRITE REINSURANCE COVERING PROPERTY AND CASUALTY INSURANCE OR REINSURANCE CONTRACTS, SO AS TO PROVIDE CONSISTENCY WITH THE PROVISIONS OF SECTION 38-90-35 REGARDING CONFIDENTIAL MATERIALS; TO AMEND SECTION 38-90-40, AS AMENDED, RELATING TO THE LICENSING OF A CAPTIVE INSURANCE COMPANY BY THE DIRECTOR OF INSURANCE BASED ON THE CAPITALIZATION OF THE COMPANY, SO AS TO PROVIDE CAPITALIZATION REQUIREMENTS FOR LICENSING A NONPROFIT CORPORATION AS A CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 38-90-50, AS AMENDED, RELATING TO LICENSING A CAPTIVE INSURANCE COMPANY BASED ON CERTAIN MINIMUM AMOUNTS OF FREE SURPLUS, SO AS TO CHANGE THE REQUIREMENTS FOR A SPONSORED CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 38-90-60, AS AMENDED, RELATING TO INCORPORATION OPTIONS AND REQUIREMENTS OF CERTAIN CAPTIVE INSURANCE COMPANIES, SO AS TO ADD AN ADDITIONAL OPTION FOR A NONPROFIT COMPANY; TO AMEND SECTION 38-90-70, AS AMENDED, RELATING TO FILING REPORTS BY A CAPTIVE INSURANCE COMPANY, SO AS TO MAKE CERTAIN INFORMATION SUBMITTED IN A REPORT CONFIDENTIAL; TO AMEND SECTION 38-90-80, RELATING TO THE INSPECTION AND EXAMINATION OF A CAPTIVE INSURANCE COMPANY BY THE DIRECTOR OF INSURANCE, SO AS TO PROVIDE THAT CERTAIN CONFIDENTIALITY PROVISIONS DO NOT APPLY TO THE DIRECTOR IN MAKING FINAL REPORTS; TO AMEND SECTION 38-90-140, AS AMENDED, RELATING TO THE TAXATION OF A CAPTIVE INSURANCE COMPANY, SO AS TO CHANGE THE DEFINITION OF "COMMON OWNERSHIP AND CONTROL" TO INCLUDE NONPROFIT CORPORATIONS; TO AMEND SECTION 38-90-180, AS AMENDED, RELATING TO THE APPLICABILITY OF THE PROVISIONS OF CHAPTERS 26 AND 27, TITLE 38, TO INSURANCE REORGANIZATIONS, RECEIVERSHIPS, AND INJUNCTIONS TO CAPTIVE INSURANCE COMPANIES, SO AS TO MAKE THE TERMS AND CONDITIONS APPLY TO TITLE 38 INSTEAD OF CHAPTERS 26 AND 27, TITLE 38; AND TO REPEAL SECTION 38-90-170 RELATING TO APPLICABILITY OF THE TERMS AND CONDITIONS OF TITLE 38 TO INSURANCE REORGANIZATIONS, RECEIVERSHIPS, AND INJUNCTIONS TO CAPTIVE INSURANCE COMPANIES FORMED UNDER CHAPTER 90, TITLE 38.
Rep. SCARBOROUGH explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. TRIPP moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 5424 (Word version) -- Reps. J. Brown, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, 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 HOUSE RESOLUTION TO CELEBRATE THE ACCOMPLISHMENTS OF DR. MARCIA L. BAILEY, CO-PASTOR AND CO-FOUNDER OF RIGHT DIRECTION CHRISTIAN CENTER IN COLUMBIA, SOUTH CAROLINA, AND TO EXPRESS APPRECIATION FOR HER LEADERSHIP, GUIDANCE, AND DEDICATION.
The Resolution was adopted.
The following was introduced:
H. 5425 (Word version) -- Reps. G. M. Smith, Weeks, Coates, G. Brown and J. H. Neal: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE WILSON HALL BOYS BASEBALL TEAM OF SUMTER FOR WINNING THE 2004 SCISA AAA STATE CHAMPIONSHIP TITLE, AND TO WISH THE MEMBERS OF THIS WINNING TEAM MUCH SUCCESS IN THEIR FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 5426 (Word version) -- Reps. J. Brown, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, 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 HOUSE RESOLUTION TO CELEBRATE THE ACCOMPLISHMENTS OF DR. HERBERT BAILEY, JR. PASTOR OF RIGHT DIRECTION CHRISTIAN CENTER IN COLUMBIA, SOUTH CAROLINA, AND TO EXPRESS APPRECIATION FOR HIS LEADERSHIP, GUIDANCE, AND DEDICATION.
The Resolution was adopted.
The following was introduced:
H. 5427 (Word version) -- Rep. Merrill: A HOUSE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO THE CHARLESTON BATTERY SOCCER TEAM OF DANIEL ISLAND ON ITS OUTSTANDING PERFORMANCE, DEDICATION, AND DETERMINATION THROUGHOUT ITS IMPRESSIVE 2003 SEASON AND ON CAPTURING THE 2003 A-LEAGUE CHAMPIONSHIP TITLE.
The Resolution was adopted.
The Senate amendments to the following Bill were taken up for consideration:
H. 5042 (Word version) -- Reps. Wilkins, Harrison and Jennings: A BILL TO AMEND SECTIONS 2-17-20 AND 2-17-25, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION BY LOBBYISTS AND LOBBYIST'S PRINCIPALS, SO AS TO PROVIDE THAT LOBBYISTS AND LOBBYIST'S PRINCIPALS MAY NOT REGISTER OR REREGISTER UNTIL ALL LATE FILING PENALTIES ARE PAID; TO AMEND SECTION 2-17-50, AS AMENDED, RELATING TO THE REQUIREMENT THAT THE STATE ETHICS COMMISSION ENFORCE FILING REQUIREMENTS OF CHAPTER 17, TITLE 2, SO AS TO CHANGE THE ASSESSMENT OF THE FINE AFTER A REQUIRED STATEMENT HAS BEEN FILED AND THE REQUIRED NOTICE HAS BEEN GIVEN; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO CLARIFY THAT ALL INVESTIGATIONS, INQUIRIES, HEARINGS, AND ACCOMPANYING DOCUMENTS MUST BE CONFIDENTIAL UNTIL FINAL DISPOSITION OF A MATTER UNLESS THE RESPONDENT WAIVES THIS RIGHT BY WRITTEN AUTHORIZATION TO THE COMMISSION; TO AMEND SECTION 8-13-700, AS AMENDED, RELATING TO THE PROHIBITION OF A PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE USING HIS OFFICIAL POSITION FOR PERSONAL GAIN, SO AS TO EXPAND THE PROHIBITION TO INCLUDE A FAMILY MEMBER INSTEAD OF A MEMBER OF HIS IMMEDIATE FAMILY; TO AMEND SECTION 8-13-1125, AS AMENDED, RELATING TO THE EXCEPTION TO THE REPORTING REQUIREMENT IN SECTION 8-13-1120 (A)(9) FOR EVENTS TO WHICH THE ENTIRE LEGISLATIVE BODY IS INVITED, SO AS TO AUTHORIZE THE EXCEPTION FOR THE ENTIRE MEMBERSHIP OF A STANDING COMMITTEE OR COUNTY LEGISLATIVE DELEGATION IF PROPER RECORDS ARE MAINTAINED AND MADE AVAILABLE TO THE PUBLIC FOR INSPECTION AND COPYING; AND TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO CLARIFY THAT IF A MUNICIPAL ELECTION IS NOT HELD PURSUANT TO SECTION 7-13-190, THE CANDIDATE SHALL FILE A CAMPAIGN DISCLOSURE REPORT WITHIN FIFTEEN DAYS OF BEING DECLARED A WINNER OR FIFTEEN DAYS BEFORE THE ESTABLISHED ELECTION DATE, WHICHEVER DATE IS SOONER.
Rep. HARRISON explained the Senate Amendments.
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration:
S. 897 (Word version) -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-9-55 SO AS TO PROVIDE THAT ANY CHANGES ADOPTED TO THE SOUTH CAROLINA BUILDING CODE BY THE SOUTH CAROLINA BUILDING CODE COUNCIL ARE DEEMED TO BE INCORPORATED INTO THE SOUTH CAROLINA BUILDING CODE AND DO NOT HAVE TO BE READOPTED IN SUBSEQUENT CODE CYCLES.
Rep. CATO explained the Senate Amendments.
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
The following was received:
Columbia, S.C., June 3, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Gregory, Hutto and Knotts of the Committee of Conference on the part of the Senate on H. 4649:
H. 4649 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-765, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTIGATIONS OF TRAFFIC COLLISIONS INVOLVING A MOTOR VEHICLE OR MOTORCYCLE OF A LAW ENFORCEMENT AGENCY, SO AS TO DEFINE THE TERM "INVOLVED IN A TRAFFIC COLLISION", AND TO PROVIDE THAT ANY INVESTIGATION THAT OCCURS AS A RESULT OF A COLLISION INVOLVING A POLICE VEHICLE MUST INCLUDE A FIELD INVESTIGATION TO IDENTIFY POSSIBLE WITNESSES.
Very respectfully,
President
Received as information.
Rep. SINCLAIR moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:
H. 4649 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-765, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTIGATIONS OF TRAFFIC COLLISIONS INVOLVING A MOTOR VEHICLE OR MOTORCYCLE OF A LAW ENFORCEMENT AGENCY, SO AS TO DEFINE THE TERM "INVOLVED IN A TRAFFIC COLLISION", AND TO PROVIDE THAT ANY INVESTIGATION THAT OCCURS AS A RESULT OF A COLLISION INVOLVING A POLICE VEHICLE MUST INCLUDE A FIELD INVESTIGATION TO IDENTIFY POSSIBLE WITNESSES.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Altman Anthony Bales Battle Bingham Bowers Branham G. Brown Ceips Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Cooper Cotty Dantzler Delleney Edge Emory Freeman Gilham Hagood Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hosey Keegan Kirsh Leach Lee Limehouse Littlejohn Lloyd Lourie Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence J. M. Neal Neilson Ott Owens Pinson Rice Richardson Rivers Rutherford Sandifer Scott Sinclair Skelton F. N. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Stille Talley Taylor Toole Townsend Trotter Umphlett Walker Weeks White Whitmire Wilkins Witherspoon
Those who voted in the negative are:
Davenport Duncan Frye Huggins Koon Loftis E. H. Pitts M. A. Pitts Thompson
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER appointed Reps. HOWARD, SINCLAIR and CLEMMONS to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
H. 4649 -- Free Conference Report
The General Assembly, Columbia, S.C., June 3, 2004
(Doc. No. L:-S-JUD\AMEND\FCRJUD4649.002.DOC)
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 4649 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-765, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTIGATIONS OF TRAFFIC COLLISIONS INVOLVING A MOTOR VEHICLE OR MOTORCYCLE OF A LAW ENFORCEMENT AGENCY, SO AS TO DEFINE THE TERM "INVOLVED IN A TRAFFIC COLLISION", AND TO PROVIDE THAT ANY INVESTIGATION THAT OCCURS AS A RESULT OF A COLLISION INVOLVING A POLICE VEHICLE MUST INCLUDE A FIELD INVESTIGATION TO IDENTIFY POSSIBLE WITNESSES.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer's Version June 2, 2004--H.)
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 56-5-765 of the 1976 Code, as last amended by Act 277 of 2002, is further amended to read:
"Section 56-5-765. (A) When a motor vehicle or motorcycle of a law enforcement agency, except a motor vehicle or motorcycle operated by of the department, is involved in a traffic collision that: (1) results in an injury or a death, or (2) involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved, the State Highway Patrol shall must investigate the collision and must file a report with findings on whether the agency motor vehicle or motorcycle was operated properly within the guidelines of appropriate statutes and regulations.
(B) When a motor vehicle or motorcycle of the department is involved in a traffic collision that: (1) results in an injury or a death, or (2) involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved, the sheriff of the county in which the collision occurred shall must investigate the collision, regardless of whether the collision occurred within an incorporated jurisdiction, and must file a report with findings on whether the department's motor vehicle or motorcycle was operated properly within the guidelines of appropriate statutes and regulations.
(C) A law enforcement department or agency may must not investigate collisions a traffic collision in which a motor vehicle, a motorcycle, or an employee of that department or agency is involved that: (1) results in an injury or a death, or (2) involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved.
(D) A law enforcement agency that has primary responsibility for an investigation involving a motor vehicle, a motorcycle, or an employee of another department or agency, but lacks the expertise to conduct a proper investigation, may request assistance from another agency that has the appropriate expertise, as long as the assisting agency or an employee of the assisting agency is not a subject of the investigation. A request made pursuant to this subsection shall result in a joint investigation conducted by both agencies.
(E) A person who knowingly and wilfully violates the provisions of subsection (C) is subject to punishment as provided for in Section 8-1-80, even if the person's authority extends beyond a single election or judicial district.
(F) An investigation of a traffic collision involving a motor vehicle, a motorcycle, or an employee of a law enforcement agency or department must include a field investigation to identify possible witnesses, including possible witnesses not involved in the traffic collision, but who may have witnessed the traffic collision from a vantage point other than the collision site.
(G) For purposes of this section, 'involved in a traffic collision' includes a law enforcement motor vehicle or motorcycle engaged in a pursuit when a traffic collision occurs."
SECTION 2. Section 56-5-2525 of the 1976 Code is amended to read:
"Section 56-5-2525. (A) For purposes of this section, 'vehicle' means a motor vehicle, trailer, mobile home, watercraft, or any other item that is subject to towing and storage, and applies to any vehicle in custody at the time of the enactment of this section. 'Vehicle' includes:
(1) items that are towed and left in the possession of a towing, storage, garage, or repair facility;
(2) contents contained in the vehicle; and
(3) personal property affixed to the vehicle.
(B) Any A towing company which tows away another's and stores a person's motor vehicle without the owner's person's knowledge and stores it shall must immediately notify the police department of the municipal corporation municipality where such the vehicle was parked, or the sheriff or of the county police department in counties having such departments, if the vehicle was parked outside the limits of a municipal corporation municipality, of the location from which the vehicle was towed, the name of the company which towed it the vehicle and the place where it the vehicle is stored.
(C) Any A towing company failing to give such this notice within one hour of the time the vehicle was towed away shall is not be entitled to any compensation for the towing and storing operations. The provisions of this section shall must be posted in a conspicuous place in all public areas on the premises of the towing company. The law enforcement agency that receives this notice must draft a towing report and furnish the towing company with the report's document number within a reasonable time. Notification to the law enforcement agency is not required when the towing is performed at the direction of a law enforcement officer.
(D) A towing company that tows away a person's vehicle without his knowledge and stores it is not required to return the vehicle to the person after the company's normal business hours."
SECTION 3. Section 56-5-5630 of the 1976 Code, as last amended by Act 71 of 2003, is further amended to read:
"Section 56-5-5630. (a)(A)(1) For purposes of this section article, 'vehicle' means any a motor vehicle, trailer, mobile home, watercraft, or any other item or object that is subject to towing and storage at the discretion of a law enforcement officer, and applies to any vehicle in custody at the time of the enactment of this section. 'Vehicle' includes:
(a) items that are towed and left in the possession of a towing, storage, garage, or repair facility;
(b) contents contained in the vehicle; and
(c) personal property affixed to the vehicle.
Storage costs for those vehicles in custody at the time of the enactment of this section must not exceed sixty days.
(2) When an abandoned vehicle has been taken into custody, the towing company and storage place facility having towed and received the vehicle shall notify by registered or certified mail, return receipt requested, the last known registered owner of the vehicle and all lienholders of record that the vehicle has been taken into custody. Notification of the owner and all lienholders by certified or registered United States mail, return receipt requested, constitutes notification for purposes of this section. This notification must satisfy the notification requirements contained in Section 29-15-10. The notice must:
(a) describe give a description of the year, make, model, and serial identification number of the vehicle,;
(b) set forth the location where the vehicle is being held,;
(c) inform the owner and all lienholders of the right to reclaim the vehicle within fifteen thirty days after the date beginning the day after the notice is mailed, return receipt requested, upon payment of all towing, preservation, and storage charges, notification, publication, and court costs resulting from placing the vehicle or other property in custody,; and
(d) state that the failure of the owner and all lienholders to exercise their right to reclaim the vehicle or other property within the time provided is deemed considered a waiver by the owner and lienholders of all right rights, title, and interest in the vehicle or other property and is considered as their consent to the sale of the vehicle or other property at a public auction.
If a vehicle has been towed pursuant to the provisions of this section, payment to the owner or operator of the towing service shall company and storage facility must accept as payment for the release of the vehicle the same manner of payment that the owner or operator of the towing service they would accept if the owner of the vehicle had requested his vehicle towed.
(b)(B) If the identity of the last registered owner cannot be determined, or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by one publication in one newspaper of general circulation in the area where the vehicle was abandoned is sufficient to meet all requirements of notice pursuant to this article. The notice by publication may contain multiple listings of abandoned vehicles. This notice must be within the time requirements prescribed for notice by registered or certified mail and must have the same contents required for a notice by registered or certified mail. Storage costs accrued from the original storage date to the date of the sale of the vehicle may be recovered from the proceeds of the sale as provided by Section 56-5-5640.
(c)(C) A lienholder is not subject to a criminal penalty imposed by law in this State for abandonment unless the vehicle is abandoned by the lienholder or his agent or servant or if a false statement or report to a law enforcement officer is made as provided by Section 16-17-722. An owner of a vehicle which has been stolen and after that abandoned, as defined by this article, is not liable for any charges or penalties imposed in this section, otherwise all charges or penalties are the responsibility of the last registered owner. The owner of a vehicle which has been stolen, whether or not the vehicle was subsequently abandoned, is liable for:
(1) actual recovery and towing charges; and
(2) storage costs that accrue beginning seven days after the vehicle was towed.
The law enforcement agency must, within two days after the vehicle's towing, notify the owner that the vehicle has been recovered, provide the owner with the location of the vehicle, and explain that daily storage charges will begin to accrue if the vehicle is not reclaimed within seven days of the towing date.
A vehicle is deemed considered to be stolen when the registered owner notifies a police officer and the files a report which is accepted and carried placed on the records of the sheriff or chief of police as a stolen vehicle. Within ten days of the tow, the The law enforcement agency that requested the tow shall must provide the towing company and storage facility, at no cost to the towing company and storage operator facility, the current owner's name, and address, and the name and address of all lienholders of record along with the make, model, vehicle identification number, or a description of the object. A law enforcement agency is not liable for the any costs or fee fees associated with the towing and storage of a vehicle or other property as provided by this section.
(D) The court may order restitution from a person convicted of stealing a vehicle to cover the costs associated with the recovery, towing, and storage of the vehicle."
SECTION 4. Section 56-5-5635 of the 1976 Code, as added by Act 71 of 2003, is amended to read:
"Section 56-5-5635. (A) Notwithstanding another provision of law, a law enforcement officer who directs that a vehicle be towed for any reason, whether on public or private property, shall must use the established towing procedure for his jurisdiction. A request by a law enforcement officer resulting from a law enforcement action including, but not limited to, a motor vehicle collision, vehicle breakdown, or vehicle recovery incident to an arrest, is deemed considered a law enforcement towing for purposes of recovering costs associated with the towing and storage of the vehicle or other property, unless the request for towing is made by a law enforcement officer at the direct request of the owner or operator of the vehicle.
(B) Within ten days following a law enforcement's towing request, the towing or storage operator or owner shall the proprietor, owner, or operator of any towing company, storage facility, garage, or repair shop, must provide to the sheriff or chief of police a list describing the vehicles or other property remaining in their the possession of the proprietor, owner, or operator of any towing company, storage facility, garage, or repair shop. Failure A person who fails to provide the law enforcement agency with this list, the towing and storage owner or operator forfeits recovery of all costs associated with towing and storage of the vehicle or other property any storage fees that have accrued from the date of towing until the day after the mailing of the notification to the owner and all lienholders by certified or registered mail, return receipt requested, pursuant to Section 29-15-10. Upon Within ten days of receipt of this list, the sheriff or chief of police shall must provide to the towing company or storage facility, the current owner's name, address, and a record of all lienholders along with the make, model, and vehicle identification number or a description of the object vehicle on the proper forms within ten days and must be at no cost to the storage operator proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop. The storage place proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop having towed or received the vehicle shall must notify by registered or certified mail, return receipt requested, the last known registered owner and all lienholders of record that the vehicle has been taken into custody.
(C) If the identity of the last registered owner cannot be determined, or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, the towing or storage owner or operator shall proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop must provide notice by one publication in one newspaper of general circulation in the area where from which the vehicle was abandoned which is sufficient to meet all requirements of notice pursuant to this article. The notice by publication may contain multiple listings of abandoned vehicles.
(D) Before a vehicle is sold, the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop must apply to the appropriate titling facility, including, but not limited to, the Department of Motor Vehicles or the Department of Natural Resources for the name and address of any owner or lienholder. For non-titled vehicles, where the owner's name is known, a search must be conducted through the Secretary of State's Office to determine any lienholders. The application must be on prescribed forms as required by the appropriate titling facility or the Secretary of State. If the vehicle has an out-of-state registration, an application must be made to that state's appropriate titling facility. When the vehicle is not titled in this State and does not have a registration from another state, the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop may apply to the sheriff or chief of police in the jurisdiction where the vehicle is stored to determine the state where the vehicle is registered. The sheriff or chief of police shall conduct a records search. This search must include, but is not limited to, a search on the National Crime Information Center and any other appropriate search that may be conducted with the vehicle's identification number. The sheriff or chief of police must supply, at no cost to the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop, the name of the state in which the vehicle is titled.
(E) The proprietor, owner, or operator of a storage place, garage, or towing service, who of the towing company, storage facility, garage, or repair shop that has towed and stored a vehicle or object has a lien against the vehicle or object and its contents, and may have the vehicle or object and its contents sold at public auction pursuant to Section 29-15-10,. and The proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop may hold the license tag of any vehicle until all towing and storage costs have been paid, or if the vehicle is not reclaimed, until it is declared abandoned and sold. Storage costs may be charged that have accrued before the notification of the owner and lienholder, by certified or registered mail, of the location of the vehicle, but may not exceed charges for five days from the date the towing or storage operator receives the owner and lienholder's name and address as provided by Section 56-5-5635(B). The lienholder of record must be notified, return receipt requested, of all reasonable towing charges and any storage costs that will accrue from the date the certified letter is mailed. Notification to the owner and lienholder by the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop must occur within five days, after receiving the owner's and lienholders' identities from the appropriate law enforcement agency. If the notice is not mailed within this period, storage costs after the five day period must not be charged until the notice is mailed. Fifteen If the vehicle is not reclaimed within thirty days after the day the notice is mailed, return receipt requested, and the vehicle or object and its contents are not reclaimed, the vehicle or object and its contents are is considered abandoned and may be sold by the magistrate pursuant to the procedures set forth in Section 29-15-10.
(E)(F) The owner of the motor vehicle as demonstrated by providing a certificate of registration has one opportunity to remove any personal property from the vehicle after it is in the possession of the proprietor, owner, or operator of a storage place or garage After the vehicle is in the possession of the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop, the owner of the vehicle as demonstrated by providing a certificate of registration has one opportunity to remove from the vehicle any personal property not attached to the vehicle. The proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop must release any personal property that does not belong to the owner of the vehicle to the owner of the personal property.
(G) When a law enforcement agency stores a vehicle at a law enforcement facility, the agency must follow the notification procedures contained in this section and submit vehicle information to a magistrate in the county where the vehicle is stored to provide for the sale of the vehicle at public auction. A law enforcement agency is exempt from paying filing fees in any matter related to the towing and storing of a vehicle."
SECTION 5. Section 56-5-5640 of the 1976 Code, as last amended by Act 71 of 2003, is further amended to read:
"Section 56-5-5640. If an abandoned vehicle has not been reclaimed as provided for in Section 56-5-5630, the proprietor, owner, or operator of the storage place, or their designee, towing company, storage facility, garage, or repair shop may have the abandoned vehicle sold at a public auction pursuant to the provisions of set forth in Section 29-15-10. The purchaser of the vehicle shall take title to it free and clear of all liens and claims of ownership, shall receive a magistrate's bill order of sale, and is entitled to register the purchased vehicle and receive a certificate of title. The bill order of sale given at the sale must be sufficient title only for purposes of transferring the vehicle to a demolisher for demolition, wrecking, or dismantling, and in this case no further titling of the vehicle is necessary. The expenses of the auction, the costs of towing, preserving, and storing the vehicle which resulted from placing the vehicle in custody, and all notice and publication costs incurred pursuant to the provisions of Section 56-5-5630 29-15-10 must be reimbursed up to the amount of the auction sale price from the sale proceeds of the sale of the vehicle. Any remainder from of the sale proceeds of the sale must be held for the owner of the vehicle or entitled lienholder for ninety days. The proprietor, owner, or operator of the storage place, or their designee, magistrate shall must notify the owner and all lienholders by certified or registered United States mail, return receipt requested, that the vehicle owner or lienholder has ninety days to claim the proceeds from the sale of the vehicle. If the vehicle proceeds are not collected after within ninety days from the date day after the notice to the owner and all lienholders is mailed, then the vehicle proceeds must be deposited in the general fund of the county or municipality."
SECTION 6. Section 56-5-5660 of the 1976 Code is amended to read:
"Section 56-5-5660. (a)(A) Any person or unit of government upon whose property or in whose possession is found any an abandoned motor vehicle, or any person being who is the owner of a vehicle whose title certificate is faulty, lost, or destroyed, may apply to the sheriff or chief of police of the jurisdiction in which the vehicle is situated located for authority to sell, give away, or dispose of or give the vehicle to a demolisher.
(b)(B) The application shall set out must give the name and address of the applicant, the year, make, model, and serial identification number of the vehicle, if ascertainable, together along with any other identifying features, and shall must contain a concise statement of the facts surrounding the abandonment, or that the title of the vehicle is lost or destroyed, or the reasons for the defect of title in the owner. The applicant shall must execute an affidavit stating that the facts alleged therein are true and that no material fact has been withheld.
(c)(C) If the sheriff or chief of police finds determines that the application is executed in proper form, and shows demonstrates that the vehicle has been abandoned upon the property of the applicant, the notification procedures set forth in Section 56-5-5630 shall must be followed. If the vehicle is not reclaimed in accordance with Section 56-5-5630, the sheriff or chief of police shall must follow the procedure set forth in Section 56-5-5660(d) 56-5-5660(D) for issuance of disposal authority certificates.
(d)(D) If the application shows demonstrates that the vehicle is not abandoned but that the applicant appears to be the rightful owner, the sheriff or chief of police shall must give the applicant a certificate of authority to sell, or give away or dispose of the vehicle to any demolisher for demolition, wrecking, or dismantling. A disposal authority certificate may contain multiple listings. The demolisher shall must accept such certificate in lieu of the certificate of title to the vehicle.
(e)(E) Notwithstanding any other provisions of law, any person or unit of government upon whose property or in whose possession is found any an abandoned motor vehicle, or any person being who is the owner of a vehicle whose title certificate is faulty, lost, or destroyed, may dispose of such vehicle to a demolisher without the title and without the notification procedures of Section 56-5-5630 if:
(1) the vehicle is over eight years old;
(2) the vehicle does not have a valid registration plate affixed to the vehicle it; and
(3) the vehicle has no engine or is otherwise totally inoperable."
SECTION 7. Section 56-5-5670 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 56-5-5670. (a)(A) Any A demolisher who purchases or otherwise acquires a vehicle for purposes of wrecking, dismantling, or demolition demolishing shall not be is not required to obtain a certificate of title for such the vehicle in his own name. After the vehicle has been demolished, processed, or changed so that it physically is no longer a motor vehicle, the demolisher shall must surrender for cancellation the certificate of title, or auction sales receipt, or disposal authority certificate. The department shall must issue such forms, rules, and regulations governing the surrender of auction sales receipts, disposal authority certificates, and certificates of title as are appropriate.
(b)(B) A demolisher shall must keep an accurate and complete record of all abandoned motor vehicles purchased or received by him in the course of his business. These records shall must contain the name and address of the person from whom each vehicle was purchased or received, and the date when such the purchases or receipts occurred, and the year, make, model, and identification number of the vehicle, if ascertainable, along with any other identifying features. The records shall be are open for inspection by any police officer at any time during normal business hours. Any record required by this section shall must be kept by the demolisher for at least one year after the transaction to which it applies."
SECTION 8. Section 56-5-5850 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 56-5-5850. (a)(A) When any vehicle is left unattended on a highway or on other public or private property without the consent of the owner or person in control of the property, an officer may place a colored tag on the vehicle which shall be is notice to the owner, the person in possession of the vehicle, or any lienholder that it may be considered to be derelict or abandoned and is subject to forfeiture to the State.
(b) The colored tag shall serve as the only legal notice that, if the vehicle is not removed within:
(1) forty-eight hours if located on a highway, or
(2) seven days if located on other public or private property from the date of the tag, it will be removed to a designated place to be sold. After the vehicle is removed, the political subdivision employing the officer who affixed the colored tag shall notify in writing by registered or certified mail, return receipt requested, the person in whose name the vehicle was last registered and any lienholder of record. Notification shall include that the vehicle is being held, designating the place where it is being held, and that if it is not redeemed within thirty days from the date of the notice by paying all cost of removal and storage, it shall be sold for recycling purposes or for such other purposes as the political subdivision deems advisable to ensure obtaining the highest possible return from the sale. The proceeds of the sale shall be deposited in the general fund of the political subdivision.
(B) The colored tag serves as the only legal notice that the vehicle will be moved to a designated place to be sold if the vehicle is not removed by the owner or person in control of the vehicle. The vehicle must be removed within the following times from the date the tag is placed on the vehicle:
(1) forty-eight hours if it is located on a highway; or
(2) seven days if it is located on other public or private property.
Abandoned or derelict vehicles must be disposed of pursuant to Sections 29-15-10 and 56-5-5635.
(c) If the identity of the last registered owner cannot be determined or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identification and addresses of any lienholders, notice by one publication in a newspaper of general circulation in the area where the vehicle was located shall be sufficient to meet all requirements of notice pursuant to this article. The notice of publication may contain multiple listings of vehicles. Twenty days after date of publication an advertised vehicle may be sold.
(d) Any notice sent by mail or any newspaper notice published under the provisions of this section shall contain the following if it is obtainable: the year, make, model, and serial number of the motor vehicle. It shall also set forth where the vehicle is being held; inform the owner and any lienholders of the right to reclaim the vehicle within thirty days after the date of the notice upon payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody; include the date, time, and place of the proposed sale; the name, address, and telephone number of the person responsible for the sale; and state that the failure of the owner or lienholders to exercise their right to reclaim the vehicle within the time provided is a waiver by the owner and all lienholders of all right, title, and interest in the vehicle and consent to the sale of the vehicle.
(e) The purchaser of a vehicle which has not been reclaimed shall take title free and clear of all liens and claims of ownership, shall receive a sales receipt from the selling agency, as appropriate, and shall be entered to register the purchased vehicle and receive a certificate of title. The sales receipt shall be sufficient to transfer the vehicle to a demolisher for demolition, wrecking or dismantling, and no further titling of the vehicle shall be necessary. The expenses of the auction, the costs of towing, preserving, and storing the vehicle which resulted from placing the vehicle in custody, and all notice and publication costs incurred, shall be reimbursed from the proceeds of the sale of the vehicle. Any remainder from the proceeds of the sale shall be deposited in the general fund of the state, county, or municipality, as applicable."
SECTION 9. Section 56-19-840 of the 1976 Code is amended to read:
"Section 56-19-840. An operator of a place of business for garaging, repairing, parking or storing vehicles for the public A proprietor, an owner, or an operator of any towing company, storage facility, garage, or repair shop or any person who repairs or furnishes any material for the repair of a vehicle, in which where a vehicle remains unclaimed for a period of thirty days shall must, within five days after the expiration of that the thirty-day period, report the vehicle as unclaimed to the Department department. Such The report shall must be on a form prescribed by the Department department. The form may be submitted before the thirty-day period expires.
A vehicle left by its owner whose name and address are known to the operator or his employee is not considered "unclaimed." A vehicle is considered 'unclaimed' when the owner of the vehicle has not reclaimed it within thirty days after notification pursuant to Sections 29-15-10 and 56-5-5630. A person who fails to report a vehicle as unclaimed in accordance with this section forfeits all claims, and liens, for its garaging, parking, or storing or costs associated with the towing and storage."
SECTION 10. Section 16-11-760 of the 1976 Code, as last amended by Act 71 of 2003, is further amended to read:
"Section 16-11-760. (A) It is unlawful for a person to park a motor-driven or other vehicle, as defined in Section 56-5-5630, on the private property of another without the owner's consent,. if If the property is for commercial use, the owner shall must post a notice in a conspicuous place on the borders of the property near each entrance prohibiting this parking. Proof of the posting is deemed and taken as considered notice conclusive against the person making entry.
(B) A vehicle found parked on private property may be towed and stored at the expense of the registered owner or lienholder, and charges for towing, storing, preserving the vehicle, and expenses incurred if the owner and lienholder are notified pursuant to Section 29-15-10 constitute a lien against the vehicle, provided that the towing company makes notification to the law enforcement agency pursuant to Section 56-5-2525.
(C) If the vehicle is not claimed by the owner, lienholder, or their his agent, as provided by Section 56-5-5635(D), the vehicle must be sold pursuant to Section 29-15-10 by a magistrate in the county in which the vehicle was towed or stored.
(D) A person violating the provisions of this section subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars and not exceeding nor more than one hundred dollars or imprisoned for not exceeding more than thirty days. This punishment is in addition to the other remedies which are authorized in this section."
SECTION 11. Section 29-15-10 of the 1976 Code, as last amended by Act 71 of 2003, is further amended to read:
"Section 29-15-10. (A) It is lawful for any A proprietor, an owner, or an operator of any towing company, storage place facility, garage, or repair shop of whatever kind or repairman who makes repairs upon any article under contract or any person who repairs or furnishes any material for the repairs to an article may sell the property as provided in this section. article at public auction to the highest bidder if:
(1) When property the article has been left at his the shop for repairs or storage, and after the completion of these the repairs have been completed or the expiration of the storage contract has expired,; and
(2) the article has been continuously retained in his possession,; the property may be sold at public auction to the highest bidder; and
(3) upon the expiration of thirty days after have passed since written notice has been was given to the owner of the property article and to any lienholder with a perfected security interest in the property that the repairs have been completed or the storage charges are due contract has expired.
The property article must be sold by a magistrate of the county in which the work was repairs were done or the vehicle or thing article was stored.
(B) Storage costs may be charged that have accrued before the notification of the owner and lienholder, by certified or registered mail, of the location of the vehicle, but may not exceed charges for five days from the date the towing or storage operator receives the owner and lienholder's name and address. However, all storage costs that accrue from the date the notice is mailed may be recovered at the time of the sale article. Notification to the owner and lienholder by the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop must occur within five days, after receiving the owner's and lienholders' identities. If the notice is not mailed within this period, storage costs after the five-day period must not be charged until the notice is mailed.
(C) Before the article is sold, the proprietor, owner, or operator of any towing company, storage facility, garage, or repair shop, or any person who repairs or who furnishes material for repairs to the article must apply to the appropriate titling facility, including, but not limited to, the Department of Motor Vehicles or the Department of Natural Resources for the name and address of any owner or lienholder. For non-titled articles, where the owner's name is known, a search must be conducted through the Secretary of State's Office to determine any lienholders. The application must be on prescribed forms as required by the appropriate titling facility or the Secretary of State. If the article has an out-of-state registration, an application must be made to that state's appropriate titling facility. When the article is not titled in this State and does not have a registration from another state, the proprietor, owner, or operator of any towing company, storage facility, garage, or repair shop, or any person who repairs or who furnishes material for repairs to the article may apply to the sheriff or chief of police in the jurisdiction where the article is stored to determine the state where the article is registered. The sheriff or chief of police shall conduct a records search. This search must include, but is not limited to, a search on the National Crime Information Center and any other appropriate search that may be conducted with the article's identification number. The sheriff or chief of police must supply, at no cost to the proprietor, owner, or operator of any towing company, storage facility, garage, or repair shop, or any person who repairs or who furnishes material for repairs the name of the state in which the article is titled.
(D) The magistrate, before selling the property article, shall ensure that the owner or any lienholder of record has been notified of the pending sale,. and the The magistrate shall must advertise the property article for at least fifteen days by posting a notice in three public places in his township. He shall, after deducting all proper costs and commissions, The magistrate must pay to the claimant proprietor, owner, or operator of any towing company, storage facility, garage, or repair shop or any person who repairs or who furnishes material for repairs to the article the money due, to him, taking his receiving a receipt for it, in return. Any remainder of the sale proceeds must be held by the magistrate for the owner of the vehicle or entitled lienholder for ninety days. The magistrate must notify the owner and all lienholders by certified or registered mail, return receipt requested, that the article owner or lienholder has ninety days to claim the proceeds from the sale of the article. If the article proceeds are not collected within ninety days from the day after the notice to the owner and all lienholders is mailed, then the article proceeds must be deposited in the general fund of the county or municipality. after which he shall deposit the receipt, as well as the items of costs and commissions with the remainder of the money or proceeds of the sale in the office of the clerk of court subject to the order of the owner of the article and any lienholders having perfected security interest in the article or any legal representative of the owner or the lienholder. The magistrate who sells the property is entitled to receive the same commissions as allowed by law for the sale of personal property by constables. When the value of the property repaired or stored does not exceed ten dollars, the storage owner, operator, or repairman may sell the property at public auction to the highest bidder upon the expiration of thirty days after written notice has been given to the owner of the property that the repairs have been completed or storage charges are due and if a description of the article to be offered for sale and the cost of it has been from the time of the written notice advertised, together with the time and place of the proposed sale, in a prominent place in the shop or garage, on the county bulletin board at the courthouse, and in some other public place. The sale must be made for cash to the highest bidder at the shop or garage at which the repairs were made or storage incurred at ten a.m. on the first Monday of the first month after the thirty days' notice has been given and the true result of the sale must be immediately made known to the original owner of the article sold by notice addressed to the last known address of the owner.
(E) A proprietor, an owner, or an operator of the towing company, storage facility, garage, or repair shop or any person who repairs or who furnishes material for repairs to the article may hold the license tag of any vehicle until all towing and storage costs have been paid, or if the vehicle is not reclaimed, until it is declared abandoned and sold.
(F) A proprietor, an owner, or an operator of the towing company, storage facility, garage, or repair shop or any person who repairs or who furnishes material for repairs to the article must place a minimum bid of one dollar on the article being sold at public auction. If no higher bid is offered, the article must be awarded to the proprietor, owner, operator, or person who repairs or who furnishes material for repairs to the article at no cost.
(G) For purposes of this section, 'article' means a motor vehicle, trailer, mobile home, watercraft, or any other item or object that is subject to towing, storage, or repair and applies to any article in custody at the time of the enactment of this section. 'Article' includes:
(1) items that are towed and left in the possession of a towing, storage, garage, or repair facility;
(2) contents contained in the article; and
(3) personal property affixed to the article."
SECTION 12. This act takes effect upon approval by the Governor. /
Amend title to conform.
Chauncey Klugh "Greg" Gregory Leon Howard C. Bradley Hutto Phillip K. "Phil" Sinclair John M. "Jake" Knotts, Jr. Alan Delk Clemmons On Part of the Senate. On Part of the House.
Rep. SINCLAIR explained the Free Conference Report.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 5337 (Word version) -- Reps. Witherspoon, Quinn, Anthony, Barfield, Battle, Branham, G. Brown, Clark, Duncan, Freeman, Harvin, Hayes, Jennings, Keegan, Leach, Littlejohn, Mahaffey, McCraw, McGee, Miller, Neilson, Rhoad, Scarborough, J. R. Smith, Snow, J. Brown, Cato, Clemmons, Harrison, J. E. Smith, W. D. Smith and Townsend: A CONCURRENT RESOLUTION URGING CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO SUPPORT AND ENACT LEGISLATION TO ESTABLISH A TOBACCO QUOTA BUYOUT PROGRAM.
On motion of Rep. LEACH, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:
H. 5337 (Word version) -- Reps. Witherspoon, Quinn, Anthony, Barfield, Battle, Branham, G. Brown, Clark, Duncan, Freeman, Harvin, Hayes, Jennings, Keegan, Leach, Littlejohn, Mahaffey, McCraw, McGee, Miller, Neilson, Rhoad, Scarborough, J. R. Smith, Snow, J. Brown, Cato, Clemmons, Harrison, J. E. Smith, W. D. Smith and Townsend: A CONCURRENT RESOLUTION URGING CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO SUPPORT AND ENACT LEGISLATION TO ESTABLISH A TOBACCO QUOTA BUYOUT PROGRAM.
Whereas, tobacco production has played a vital role in the economy of South Carolina, and tobacco growers, allotment holders, and their families have and continue to be the backbone of many rural communities in this State, providing enormous resources and support to community activities and local businesses; and
Whereas, the tobacco industry is now under assault on many fronts, as a result of which the continued production of tobacco in our State is seriously endangered; and
Whereas, the amount of tobacco a farmer is allowed to grow in the United States is based upon a depression-era quota system in which, simply stated, the quota is dependent upon the purchasing intentions of tobacco companies and how much leaf is in reserve; and
Whereas, over the past five years some data indicates that the continual reductions in quotas have caused tobacco growers substantial losses, some amounting to as much as fifty percent of their quota; and
Whereas, such devastating quota reductions have forced many farmers out of business, while others struggle mightily to keep their operations afloat; and
Whereas, quota owners, tobacco growers, and the tobacco industry agree that a transition from the current system is needed to ensure continued viability in tobacco production; and
Whereas, a transition plan that is fair and equitable to all quota owners and tobacco growers is needed to provide stability, uniformity, and certainty for these owners and growers and for the tobacco industry; and
Whereas, a buyout of the quota owners and tobacco growers would provide a significant and desperately needed economic stimulus over a period of time in this State. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the South Carolina General Assembly, by this resolution, strongly urges the Congress of the United States and the President to support and enact legislation that would establish a fair and equitable tobacco buyout quota program.
Be it further resolved that a copy of this resolution be forwarded to the President and Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, and to each member of the South Carolina Congressional Delegation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 1256 (Word version) -- Senators McGill, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Sheheen, Short, J. V. Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION URGING CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO SUPPORT AND ENACT LEGISLATION TO ESTABLISH A TOBACCO QUOTA BUYOUT PROGRAM.
On motion of Rep. LEACH, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:
S. 1256 (Word version) -- Senators McGill, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Sheheen, Short, J. V. Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION URGING CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO SUPPORT AND ENACT LEGISLATION TO ESTABLISH A TOBACCO QUOTA BUYOUT PROGRAM.
Whereas, tobacco production has played a vital role in the economy of South Carolina, and tobacco growers, allotment holders, and their families have and continue to be the backbone of many rural communities in this State, providing enormous resources and support to community activities and local businesses; and
Whereas, the tobacco industry is now under assault on many fronts, as a result of which the continued production of tobacco in our State is seriously endangered; and
Whereas, the amount of tobacco a farmer is allowed to grow in the United States is based upon a depression-era quota system in which, simply stated, the quota is dependent upon the purchasing intentions of tobacco companies and how much leaf is in reserve; and
Whereas, over the past five years some data indicates that the continual reductions in quotas have caused tobacco growers substantial losses, some amounting to as much as fifty percent of their quota; and
Whereas, such devastating quota reductions have forced many farmers out of business, while others struggle mightily to keep their operations afloat; and
Whereas, quota owners, tobacco growers, and the tobacco industry agree that a transition from the current system is needed to ensure continued viability in tobacco production; and
Whereas, a transition plan that is fair and equitable to all quota owners and tobacco growers is needed to provide stability, uniformity, and certainty for these owners and growers and for the tobacco industry; and
Whereas, a buyout of the quota owners and tobacco growers would provide a significant and desperately needed economic stimulus over a period of time in this State. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the South Carolina General Assembly, by this resolution, strongly urges the Congress of the United States and the President to support and enact legislation that would establish a fair and equitable tobacco buyout quota program.
Be it further resolved that a copy of this resolution be forwarded to the President and Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, and to each member of the South Carolina Congressional Delegation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
Rep. HARRISON moved to reconsider the vote whereby the House nonconcurred in the Senate Amendments to the following Bill, which was agreed to:
H. 3737 (Word version) -- Reps. Loftis, Bingham, Chellis, Harrison, Hinson, Leach, Merrill, Perry, Sandifer, Toole and Whitmire: A BILL TO AMEND SECTION 56-10-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFISCATION OF SUSPENDED OR REVOKED DRIVER'S LICENSES, MOTOR VEHICLE REGISTRATION CARDS, AND MOTOR VEHICLE LICENSE PLATES, SO AS TO PROVIDE THAT WHEN A LAW ENFORCEMENT OFFICER CONFISCATES A LICENSE PLATE, HE SHALL LEAVE NOTICE AT THE LOCATION WHERE THE LICENSE PLATE WAS CONFISCATED THAT CONTAINS HIS NAME AND LAW ENFORCEMENT AGENCY, THE DATE THE LICENSE PLATE WAS CONFISCATED, THE REASON IT WAS CONFISCATED, AND THE LOCATION WHERE THE LICENSE PLATE IS STORED.
Rep. HARRISON proposed the following Amendment No. 1A (Doc Name COUNCIL\PT\2143MM04), which was adopted:
Amend the bill, as and if amended, Article 4, Chapter 15, Title 56 as contained in SECTION 2, by deleting the SECTION in its entirety.
Amend the bill further, Section 56-1-130(E) as contained in SECTION 3A., page 3, lines 15, 16, and 18 by deleting /rating/
Amend further, by deleting SECTION 4 in its entirety and inserting:
/ SECTION 4. Unless otherwise provided herein, this act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The following Concurrent Resolution was taken up:
S. 1298 (Word version) -- Senators McConnell and Martin: A CONCURRENT RESOLUTION TO PROVIDE THAT, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 3, 2004, EACH HOUSE SHALL STAND ADJOURNED TO MEET IN STATEWIDE SESSION AT 5:30 P.M. ON JUNE 3, 2004, ONLY FOR THE PURPOSE OF AND UNTIL THE COMPLETION OF THE RATIFICATION OF ACTS, AND UPON COMPLETION OF THE RATIFICATION OF ACTS, NOT LATER THAN 6:00 P.M. ON THURSDAY, JUNE 3, 2004, SHALL STAND ADJOURNED SINE DIE.
Be it resolved by the Senate, the House of Representatives concurring:
When each house adjourns on Thursday, June 3, 2004, not later than 5:00 p.m., it shall stand adjourned to meet in statewide session at 5:30 p.m. on June 3, 2004, only for the purpose of and until the completion of the ratification of acts, and upon completion of the ratification of acts, not later than 6:00 p.m. on Thursday, June 3, 2004, shall stand adjourned Sine Die.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Altman Anthony Bales Barfield Battle Bingham Bowers G. Brown Cato Ceips Chellis Clark Clemmons Cobb-Hunter Cotty Dantzler Davenport Delleney Duncan Edge Emory Freeman Frye Gilham Govan Hagood Harrell Harrison Herbkersman J. Hines M. Hines Hinson Hosey Huggins Keegan Kirsh Koon Leach Limehouse Loftis Lourie Lucas Mahaffey McCraw McGee McLeod Miller Moody-Lawrence J. M. Neal Neilson Parks E. H. Pitts Quinn Rhoad Richardson Sandifer Sinclair Skelton D. C. Smith F. N. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Stille Taylor Townsend Tripp Trotter Umphlett Vaughn Walker White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
R. Brown Coates Hayes Littlejohn Lloyd Merrill Ott Perry Pinson M. A. Pitts Rivers Scarborough G. M. Smith Talley Thompson Weeks
So, the Concurrent Resolution was adopted and sent to the Senate.
The following was received:
Columbia, S.C., June 3, 2004
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 5:30 p.m. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. W. D. SMITH the invitation was accepted.
On motion of Rep. CHELLIS, with unanimous consent, the following Bill was ordered recalled from the Senate:
H. 5358 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A BILL TO AMEND ACT 1627 OF 1972, RELATING TO THE DORCHESTER COUNTY VOCATIONAL EDUCATION BOARD OF TRUSTEES, SO AS TO PROVIDE FOR THE APPOINTMENT OF THE NINE MEMBERS OF THE BOARD AND PROVIDE THAT A MEMBER OF A SCHOOL BOARD OF TRUSTEES MAY NOT SERVE ON THE VOCATIONAL EDUCATION BOARD.
Rep. CHELLIS moved to reconsider the vote whereby the Senate Amendments to the following Bill were amended, which was agreed to:
H. 5358 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A BILL TO AMEND ACT 1627 OF 1972, RELATING TO THE DORCHESTER COUNTY VOCATIONAL EDUCATION BOARD OF TRUSTEES, SO AS TO PROVIDE FOR THE APPOINTMENT OF THE NINE MEMBERS OF THE BOARD AND PROVIDE THAT A MEMBER OF A SCHOOL BOARD OF TRUSTEES MAY NOT SERVE ON THE VOCATIONAL EDUCATION BOARD.
Rep. CHELLIS moved to reconsider the vote whereby Amendment No. 1 was adopted, which was agreed to.
Rep. CHELLIS moved to table the amendment, which was agreed to.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following was received:
Columbia, S.C., June 3, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3530:
H. 3530 (Word version) -- Reps. Cato, Wilkins, Sandifer, Young, Cotty, Edge and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-3-27 SO AS TO PROHIBIT MEMBERSHIP ON AND RESTRICT EMPLOYMENT BY THE PUBLIC SERVICE COMMISSION OF A PERSON ASSOCIATED WITH A REGULATED BUSINESS; BY ADDING SECTION 58-3-35 SO AS TO PROVIDE FOR ETHICS STANDARDS AND REQUIREMENTS FOR PUBLIC SERVICE COMMISSIONERS; BY ADDING SECTION 58-3-65 SO AS TO ESTABLISH AN ADVISORY STAFF AND AN ADVOCACY STAFF FOR THE COMMISSION AND DESCRIBE THEIR RESPONSIBILITIES; AND BY ADDING SECTION 58-3-400 SO AS TO PROHIBIT EX PARTE COMMUNICATIONS WITH AND BY A COMMISSIONER OR ADVISORY STAFF IN CONNECTION WITH A PENDING PROCEEDING; TO AMEND SECTION 58-3-20, AS AMENDED, RELATING TO ESTABLISHMENT OF THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE FOR QUALIFICATIONS, SCREENING, AND TERMS OF MEMBERSHIP; TO AMEND SECTION 58-3-24, AS AMENDED, RELATING TO PERSONS INELIGIBLE TO SERVE ON THE PUBLIC SERVICE COMMISSION, SO AS TO ALLOW A MEMBER OF THE GENERAL ASSEMBLY TO SERVE FOUR YEARS AFTER HE HAS NOT FILED FOR REELECTION TO THE GENERAL ASSEMBLY; TO AMEND PART 6, CHAPTER 6, TITLE 37, RELATING TO THE DIVISION OF CONSUMER ADVOCACY OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO DELETE ANY RESPONSIBILITIES OF THE DIVISION IN CONNECTION WITH THE PUBLIC SERVICE COMMISSION; TO AMEND SECTION 8-13-90, RELATING TO SEEKING OR OFFERING PLEDGES OF VOTES, SO AS TO PROHIBIT THE DIRECT OR INDIRECT SEEKING OF A PLEDGE OR COMMUNICATION ABOUT SCREENING UNTIL CANDIDATES FOR THE OFFICE ARE DETERMINED; AND TO REPEAL SECTION 58-3-60 RELATING TO EMPLOYMENT OF STAFF FOR THE PUBLIC SERVICE COMMISSION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 3, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 4740:
H. 4740 (Word version) -- Reps. Miller, Hayes, J. E. Smith, Altman, Anthony, Battle, Bowers, Branham, Ceips, Clark, Clemmons, Clyburn, Frye, Gourdine, Hagood, Harrison, Herbkersman, Whipper, M. Hines, Hinson, Hosey, Keegan, Leach, Littlejohn, Lloyd, Ott, Rhoad, Rice, Richardson, Scarborough, Snow, Stille, Taylor, Townsend, Vaughn, Whitmire, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA SAFE ROUTES TO SCHOOLS ACT" BY ADDING SECTION 59-17-150 SO AS TO PROVIDE THAT MUNICIPAL AND COUNTY GOVERNING BODIES SHALL WORK WITH SCHOOL DISTRICTS LOCATED IN THEIR JURISDICTIONS TO IDENTIFY BARRIERS AND HAZARDS TO CHILDREN WALKING OR BICYCLING TO AND FROM SCHOOL, TO PROVIDE THAT THE MUNICIPALITIES, COUNTIES, AND DISTRICTS MAY DEVELOP A PLAN FOR THE FUNDING OF IMPROVEMENTS DESIGNED TO REDUCE THE BARRIERS AND HAZARDS IDENTIFIED, TO PROVIDE THAT EACH SCHOOL DISTRICT SHALL FORM A COORDINATING COMMITTEE AND EACH SCHOOL SHALL FORM A SAFE ROUTES TO SCHOOL TEAM TO PERFORM SPECIFIED FUNCTIONS IN REGARD TO SAFE PEDESTRIAN AND BICYCLE ROUTES TO SCHOOL, AND TO PROVIDE THAT THE FIRST WEDNESDAY OF OCTOBER OF EACH YEAR IS DESIGNATED AS "WALK YOUR CHILD TO SCHOOL/BIKE TO SCHOOL DAY" IN EACH SCHOOL DISTRICT OF THIS STATE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 3, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators Gregory, Hutto and Knotts of the Committee of Free Conference on the part of the Senate on H. 4649:
H. 4649 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-765, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTIGATIONS OF TRAFFIC COLLISIONS INVOLVING A MOTOR VEHICLE OR MOTORCYCLE OF A LAW ENFORCEMENT AGENCY, SO AS TO DEFINE THE TERM "INVOLVED IN A TRAFFIC COLLISION", AND TO PROVIDE THAT ANY INVESTIGATION THAT OCCURS AS A RESULT OF A COLLISION INVOLVING A POLICE VEHICLE MUST INCLUDE A FIELD INVESTIGATION TO IDENTIFY POSSIBLE WITNESSES.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 3, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 4649:
H. 4649 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-765, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTIGATIONS OF TRAFFIC COLLISIONS INVOLVING A MOTOR VEHICLE OR MOTORCYCLE OF A LAW ENFORCEMENT AGENCY, SO AS TO DEFINE THE TERM "INVOLVED IN A TRAFFIC COLLISION", AND TO PROVIDE THAT ANY INVESTIGATION THAT OCCURS AS A RESULT OF A COLLISION INVOLVING A POLICE VEHICLE MUST INCLUDE A FIELD INVESTIGATION TO IDENTIFY POSSIBLE WITNESSES.
The report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
Very respectfully,
President
Received as information.
At 5:30 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:
(R384, H. 4475 (Word version)) -- Reps. Harrell, W.D. Smith, Wilkins, Altman, Bingham, Ceips, Chellis, Clark, Cotty, Davenport, Edge, Frye, Gilham, Hagood, Hamilton, Harrison, Haskins, Hinson, Huggins, Koon, Leach, Limehouse, Littlejohn, Mahaffey, Martin, Merrill, E.H. Pitts, Quinn, Rice, Richardson, Simrill, D.C. Smith, G.M. Smith, G.R. Smith, J.R. Smith, Stewart, Stille, Taylor, Toole, Townsend, Tripp, Umphlett, Vaughn, Walker, White, Witherspoon, Young, Sandifer, Kirsh, Owens, Whitmire, Cato, Coates, Ott, Sinclair, Keegan, McGee, Perry, J.M. Neal, Emory, Pinson, Barfield, R. Brown, Weeks, Branham, Bailey, Battle, Neilson, Clemmons, Viers and Harvin: AN ACT TO ENACT THE FISCAL DISCIPLINE PLAN OF 2004 BY DESIGNATING SECTION 6 OF ACT 356 OF 2002, RELATING TO ACTIONS NECESSARY FOR THE STATE BUDGET AND CONTROL BOARD TO COVER AN OPERATING DEFICIT, AS SECTION 11-11-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND AMENDING IT TO REQUIRE AN OPERATING DEFICIT TO BE PLACED FIRST ON THE AGENDA OF THE STATE BUDGET AND CONTROL BOARD AT THE FIRST BOARD MEETING FOLLOWING THE COMPTROLLER GENERAL'S REPORT OF THE DEFICIT TO THE BOARD, BY PROVIDING FOR THE REPAYMENT OF THE ACCUMULATED STATE OPERATING DEFICIT AND TO PROVIDE THAT THE USE OF CAPITAL RESERVE FUND REVENUES TO REPAY A PRIOR-YEAR OPERATING DEFICIT IS A NONRECURRING PURPOSE WITHIN THE MEANING OF THE APPLICABLE CONSTITUTIONAL PROVISIONS, BY LIMITING GENERAL FUND APPROPRIATIONS GROWTH TO THREE PERCENT IN FISCAL YEARS 2004-2005 THROUGH 2008-2009 AND PROVIDING FOR THE USE OF SURPLUS REVENUES OVER THE SAME PERIOD, BY PROVIDING THAT THESE LIMITATIONS AND REQUIREMENTS NO LONGER APPLY WHEN THE FISCAL YEAR 2001-2003 OPERATING DEFICIT IS FULLY REPAID AND THE GENERAL RESERVE FUND IS FULLY RESTORED, AND BY PROVIDING THAT DURING THIS SAME PERIOD ANNUALLY REQUIRED TRANSFERS TO THE GENERAL RESERVE FUND MUST BE CONSIDERED RECURRING GENERAL FUND APPROPRIATIONS.
(R385, S. 16 (Word version)) -- Senators Setzler, Mescher, Grooms, Ravenel, Reese, Courson, Branton and Land: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-177 TO PROVIDE THREE DAYS OF PAID LEAVE FOR STATE EMPLOYEES IN THE CASE OF THE DEATH OF AN IMMEDIATE FAMILY MEMBER AND PERMIT THE EMPLOYING AGENCY TO REQUIRE A STATEMENT FROM THE EMPLOYEE STATING THEIR RELATIONSHIP TO THE DECEASED; TO AUTHORIZE THE GOVERNOR TO DECLARE DECEMBER 23, 2004, AS A CHRISTMAS EVE HOLIDAY FOR STATE EMPLOYEES AND TO PROVIDE FOR WHEN THE 2005 NEW YEAR'S DAY STATE HOLIDAY SHALL BE OBSERVED; AND TO AMEND SECTION 8-11-40, AS AMENDED, RELATING TO STATE EMPLOYEE SICK LEAVE, SO AS TO INCREASE THE NUMBER OF SICK LEAVE DAYS EMPLOYEES MAY USE TO CARE FOR ILL MEMBERS OF THEIR IMMEDIATE FAMILY, TO FURTHER PROVIDE WHEN ADMINISTRATIVE LEAVE SHALL BE USED FOR EMPLOYEES WHO ARE PHYSICALLY ATTACKED WHILE IN PERFORMANCE OF OFFICIAL DUTIES, AND TO MAKE TECHNICAL REVISIONS.
(R386, S. 131 (Word version)) -- Senators Giese, Ritchie, Ravenel, Reese, Courson, Mescher and Rankin: AN ACT TO AMEND SECTION 59-112-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF THE ARMED SERVICES OF THE UNITED STATES STATIONED IN SOUTH CAROLINA AND THEIR DEPENDENTS BEING ELIGIBLE FOR IN-STATE TUITION RATES, SO AS TO PROVIDE THAT MEMBERS OF THE COAST GUARD AND THEIR DEPENDENTS STATIONED IN THIS STATE ARE ALSO ELIGIBLE FOR IN-STATE TUITION RATES AND TO PROVIDE AN EXCEPTION TO THIS GENERAL ELIGIBILITY FOR IN-STATE TUITION FOR MILITARY PERSONNEL AND THEIR DEPENDENTS, TO AMEND THE 1976 CODE BY ADDING CHAPTER 79 IN TITLE 2, ENACTING THE SOUTH CAROLINA MILITARY PREPAREDNESS AND ENHANCEMENT ACT SO AS TO ESTABLISH AND PROVIDE FOR THE MEMBERSHIP, POWERS, AND DUTIES OF THE SOUTH CAROLINA MILITARY PREPAREDNESS AND ENHANCEMENT COMMISSION, TO PROVIDE THAT THIS COMMISSION SHALL ACT TO ENHANCE THE VALUE OF MILITARY FACILITIES LOCATED IN THIS STATE AND ASSIST DEFENSE COMMUNITIES WITH SUCH VALUE ENHANCEMENT, TO ESTABLISH THE SOUTH CAROLINA MILITARY VALUE REVOLVING LOAN ACCOUNT TO PROVIDE LOANS TO ASSIST DEFENSE COMMUNITIES TO ENHANCE THE VALUE OF MILITARY FACILITIES, AND TO PROVIDE FOR OTHER METHODS AND INCENTIVES TO ACCOMPLISH THESE PURPOSES, AND BY ADDING SECTION 59-25-900, SO AS TO PROVIDE THAT A PERSON ASSOCIATED WITH A SCHOOL IN AN OFFICIAL CAPACITY WHO IS INJURED TO THE DEGREE THAT THE PERSON IS UNABLE TO RETURN TO HIS FORMER POSITION BY A STUDENT CONVICTED OF A VIOLATION OF THE SOUTH CAROLINA TEACHER PROTECTION ACT THAT CAUSED THE INJURY MUST BE ALLOWED TO CONTINUE IN ALL RETIREMENT, INSURANCE, AND DEFERRED COMPENSATION PROGRAMS IN WHICH THE PERSON WAS ENROLLED AT THE TIME OF THE INJURY WITH THE EMPLOYER REQUIRED TO CONTINUE EMPLOYER CONTRIBUTIONS ON BEHALF OF THE INJURED EMPLOYEE, AND TO ENACT THE SOUTH CAROLINA TEACHER PROTECTION ACT OF 2004, BY AMENDING SECTION 16-3-612, RELATING TO THE OFFENSE OF A STUDENT COMMITTING ASSAULT AND BATTERY AGAINST SCHOOL PERSONNEL, SO AS TO REDEFINE INTO THREE OFFENSES WITH SEPARATE PENALTIES FOR EACH, INCLUDING ESTABLISHING THE MOST SERIOUS OFFENSE AS A FELONY, AND TO AMEND SECTIONS 16-3-1535, 16-3-1545, AND 16-3-1550, RELATING TO THE REQUIREMENTS FOR NOTICE FOR CRIME VICTIMS AND WITNESSES TO CRIMES IN CRIMINAL AND JUVENILE OFFENDER PROCEEDINGS, SO AS TO REQUIRE JUDGES IN THESE PROCEEDINGS TO MAKE A SPECIFIC INQUIRY INTO COMPLIANCE WITH THESE NOTICE REQUIREMENTS.
(R387, S. 548 (Word version)) -- Senator Martin: AN ACT TO AMEND SECTION 40-71-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF CERTAIN PROFESSIONAL SOCIETIES WHO ARE EXEMPT FROM TORT LIABILITY, SO AS TO REVISE THE DEFINITION OF PROFESSIONAL SOCIETY TO INCLUDE THE SOUTH CAROLINA LAW ENFORCEMENT ACCREDITATION COUNCIL.
(R388, S. 638 (Word version)) -- Senator Moore: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-45 SO AS TO PROVIDE FOR FUNDING OF COUNTY VETERANS AFFAIRS OFFICES FROM APPROPRIATED MONIES DIRECTLY PAYABLE FROM THE STATE TREASURER TO EACH COUNTY OFFICE.
(R389, S. 682 (Word version)) -- Senator Jackson: AN ACT TO AMEND CHAPTER 58, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION AND REGULATION OF MORTGAGE LOAN BROKERS, SO AS TO CHANGE THE TERM FROM "MORTGAGE LOAN BROKER" TO "MORTGAGE BROKER", TO CONFORM THE CHAPTER ACCORDINGLY, TO DEFINE "PROCESSOR", TO FURTHER SPECIFY THE SCOPE OF RESPONSIBILITY OF "ORIGINATORS", AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF MORTGAGE BROKERS AND ORIGINATORS INCLUDING ESTABLISHING LICENSURE AND RENEWAL FEES FOR ORIGINATORS.
(R390, S. 686 (Word version)) -- Senators Thomas and Alexander: AN ACT 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", SO AS TO CHANGE THE RATE APPROVAL PROCESS REGARDING PROPERTY AND CASUALTY INSURANCE FILINGS, TO AUTHORIZE THE CONSUMER ADVOCATE TO HAVE ACCESS TO CERTAIN FILINGS, INCLUDING A RESPONSE BY THE DEPARTMENT OF CONSUMER ADVOCATE TO THE DEPARTMENT OF INSURANCE CONTAINING ITS OPINION ON THE FILING, AND MAY APPEAL THE DECISION OF THE DEPARTMENT TO THE ADMINISTRATIVE LAW JUDGE DIVISION, AND TO REQUIRE THE DIRECTOR OF THE DEPARTMENT TO UTILIZE OR DEVELOP A CONSUMER INFORMATION SYSTEM TO DISSEMINATE CERTAIN INFORMATION TO PURCHASERS OF HOMEOWNERS, PRIVATE PASSENGER NONFLEET AUTOMOBILE, OR PROPERTY INSURANCE FOR PERSONAL, FAMILY, OR HOUSEHOLD NEEDS; BY ADDING ARTICLE 13 TO CHAPTER 75, TITLE 38 SO AS TO PROVIDE REGULATION OF PROPERTY INSURANCE, CANCELLATION AND NONRENEWALS, TO ENSURE THAT RATES ARE NOT EXCESSIVE, INADEQUATE, OR UNFAIRLY DISCRIMINATORY, TO AUTHORIZE THE REGULATION OF COOPERATIVE ACTION AMONG INSURERS IN RATEMAKING, TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO EVALUATE NATURAL HAZARD CATASTROPHE MODELS THAT ARE USED FOR RATE FILINGS; TO AMEND SECTION 38-1-20, AS AMENDED, RELATING TO DEFINITIONS USED IN TITLE 38 PERTAINING TO INSURANCE, SO AS TO ADD THE DEFINITIONS OF "INSURANCE-SUPPORT ORGANIZATION" AND "MODELING ORGANIZATION"; 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; AND BY ADDING SECTIONS 38-73-325 AND 38-73-425 SO AS TO PROVIDE THAT THE ABSENCE OF CREDIT INFORMATION FOR FIRE AND ALLIED LINES AND INLAND MARINE INSURANCE AND AUTOMOBILE INSURANCE MAY BE USED BY AN INSURER FOR UNDERWRITING PURPOSES IF THE INSURER PRESENTS INFORMATION SATISFACTORY TO THE DIRECTOR THAT THE ABSENCE IS RELATED TO THE RISK.
(R391, S. 687 (Word version)) -- Senator J. V. Smith: AN ACT TO AMEND CHAPTER 2, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF ACCOUNTANTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ACCOUNTANTS INCLUDING, BUT NOT LIMITED TO, CLARIFYING THE SCOPE OF PRACTICE OF ACCOUNTANTS, FURTHER SPECIFYING EDUCATIONAL REQUIREMENTS FOR LICENSURE, AUTHORIZING FEES FOR REGISTRATION OF ACCOUNTING FIRMS, AUTHORIZING THE ESTABLISHMENT OF PEER REVIEW STANDARDS, INCREASING CRIMINAL PENALTIES, AND REVISING LICENSURE RENEWAL PROCEDURES; AND TO AMEND SECTION 40-59-220, AS AMENDED, RELATING TO LICENSURE AND REGISTRATION REQUIREMENTS FOR RESIDENTIAL BUILDERS, INCLUDING THE REQUIREMENT TO EXECUTE A SURETY BOND OR DEMONSTRATE OTHER FINANCIAL RESPONSIBILITY, SO AS TO PROVIDE THAT SUCH FINANCIAL RESPONSIBILITY MAY BE THAT WHICH IS ACCEPTABLE TO THE COMMISSION.
(R392, S. 720 (Word version)) -- Senator Hayes: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 59 TO TITLE 44 SO AS TO ESTABLISH RIVER BASINS ADVISORY COMMISSIONS FOR` THE CATAWBA/WATEREE AND YADKIN/PEE DEE RIVER BASINS, AND PROVIDE FOR THEIR DUTIES, POWERS, AND FUNCTIONS.
(R393, S. 848 (Word version)) -- Senators Verdin and Knotts: AN ACT TO AMEND SECTION 56-5-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZED EMERGENCY VEHICLES, SO AS TO REVISE THE DEFINITION OF THE TERM "AUTHORIZED EMERGENCY VEHICLE"; TO PROVIDE THAT ONLY CERTAIN VEHICLES MAY USE OR DISPLAY ANY BLUE LIGHTS OR RED LIGHTS OR DISPLAY THE WORD "POLICE", AND TO DEFINE THE TERM "DISPLAY".
(R394, S. 935 (Word version)) -- Senator Hawkins: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2265 SO AS TO PROVIDE THAT, WHEN A PROVISION OF LAW OR REGULATION PROVIDES FOR A CRIMINAL HISTORY BACKGROUND CHECK IN CONNECTION WITH LICENSING, PLACEMENT, SERVICE AS A VOLUNTEER, OR EMPLOYMENT WITH A CHILD WELFARE AGENCY, THE PROVISION OF LAW OR REGULATION MAY NOT OPERATE TO PROHIBIT THESE ACTIONS WHEN A CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE HAS BEEN PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; BY ADDING SECTION 24-21-35 SO AS TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES BOARD SHALL MAKE ITS ADMINISTRATIVE RECOMMENDATIONS AVAILABLE TO A VICTIM OF A CRIME BEFORE IT CONDUCTS A PAROLE HEARING FOR THE PERPETRATOR OF THE CRIME; TO AMEND SECTION 20-7-1642, AS AMENDED, RELATING TO THE PROHIBITION OF FOSTER CARE PLACEMENT OF A CHILD WITH CERTAIN PERSONS, SO AS TO PROVIDE THAT THE PLACEMENT IS AUTHORIZED WHEN THE CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE OF CERTAIN CRIMES IS PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; TO AMEND SECTION 20-7-2725, AS AMENDED, RELATING TO THE PROHIBITION OF EMPLOYING CERTAIN PERSONS AT A CHILDCARE CENTER, SO AS TO PROVIDE THAT THIS SECTION DOES NOT PROHIBIT EMPLOYMENT OR PROVISION CAREGIVER SERVICES WHEN A CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE OF CERTAIN CRIMES HAS BEEN PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; TO AMEND SECTION 20-7-2730, AS AMENDED, RELATING TO LICENSING OF A CHILDCARE CENTER OR GROUP CHILDCARE HOME, SO AS TO PROVIDE THAT THIS SECTION DOES NOT PROHIBIT LICENSING WHEN A CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE FOR CERTAIN CRIMES HAS BEEN PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; TO AMEND SECTION 20-7-2740, AS AMENDED, RELATING TO THE RENEWAL OF LICENSING A CHILDCARE CENTER OR GROUP CHILDCARE CENTER, SO AS TO PROVIDE THAT THIS SECTION DOES NOT PROHIBIT RENEWAL WHEN A CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE FOR CERTAIN CRIMES HAS BEEN PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; TO AMEND SECTION 20-7-2800, AS AMENDED, RELATING TO THE APPLICATION FOR A STATEMENT OF STANDARD CONFORMITY OR APPROVAL FOR THE OPERATION OF A PUBLIC CHILDCARE CENTER OR GROUP CHILDCARE HOME, SO AS TO PROVIDE THAT THIS SECTION DOES NOT PROHIBIT APPROVAL WHEN A CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE FOR CERTAIN CRIMES HAS BEEN PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; TO AMEND SECTION 20-7-2810, AS AMENDED, RELATING TO THE RENEWAL OF THE APPROVAL FOR THE OPERATION OF A PUBLIC CHILDCARE CENTER OR GROUP CHILDCARE HOME, SO AS TO PROVIDE THAT THIS SECTION DOES NOT PROHIBIT THE RENEWAL WHEN A CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE FOR CERTAIN CRIMES HAS BEEN PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; TO AMEND SECTION 20-7-2850, AS AMENDED, RELATING TO THE REGISTRATION OF AN OPERATOR OF A FAMILY CHILDCARE HOME, SO AS TO PROVIDE THAT THIS SECTION DOES NOT OPERATE TO PROHIBIT REGISTRATION OR RENEWAL WHEN A CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE FOR CERTAIN CRIMES HAS BEEN PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; TO AMEND SECTION 20-7-2900, AS AMENDED, RELATING TO THE REGISTRATION AND INSPECTION OF A CHILDCARE CENTER OR GROUP CHILDCARE HOME OPERATED BY A CHURCH OR RELIGIOUS COLLEGE OR UNIVERSITY, SO AS TO PROVIDE THAT THIS SECTION DOES NOT PROHIBIT LICENSING, REGISTRATION, OR RENEWAL OF A LICENSE OR REGISTRATION WHEN A CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE FOR CERTAIN CRIMES HAS BEEN PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; TO AMEND SECTION 20-7-3097, AS AMENDED, RELATING TO THE REQUIREMENT THAT, BEFORE THE DEPARTMENT OF SOCIAL SERVICES EMPLOYS A PERSON IN ITS CHILDCARE LICENSING OR CHILD PROTECTIVE SERVICES DIVISIONS, THE PERSON SHALL UNDERGO A STATE FINGERPRINT REVIEW TO BE CONDUCTED BY THE STATE LAW ENFORCEMENT DIVISION, SO AS TO PROVIDE THAT THIS SECTION DOES NOT PROHIBIT EMPLOYMENT WHEN A CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE FOR CERTAIN CRIMES HAS BEEN PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; TO AMEND SECTION 24-3-550, AS AMENDED, RELATING TO WITNESSES AT AN EXECUTION, SO AS TO AUTHORIZE A FORMER SOLICITOR TO BE PRESENT AT THE EXECUTION; TO AMEND SECTION 24-21-30, AS AMENDED, RELATING TO PAROLE BOARD MEETINGS, SO AS TO PROVIDE THAT THE BOARD SHALL CONDUCT ALL PAROLE HEARINGS IN CASES THAT RELATE TO A SINGLE VICTIM ON THE SAME DAY AND TO PROVIDE THAT, UPON THE REQUEST OF A VICTIM, THE BOARD MAY ALLOW THE VICTIM AND AN OFFENDER TO APPEAR SIMULTANEOUSLY BEFORE THE BOARD FOR THE PURPOSE OF PROVIDING TESTIMONY; TO AMEND SECTION 24-21-710, AS AMENDED, RELATING TO FILM, VIDEOTAPE, OR OTHER ELECTRONIC INFORMATION THAT MAY BE CONSIDERED BY THE PAROLE BOARD WHEN IT MAKES A PAROLE DETERMINATION, SO AS TO PROVIDE THAT THE BOARD SHALL MAINTAIN AND ALLOW CRIME VICTIMS TO APPEAR BEFORE THE BOARD DURING PAROLE HEARINGS VIA A TWO-WAY CLOSED CIRCUIT TELEVISION SYSTEM; TO AMEND SECTION 44-6-30, RELATING TO THE POWERS OF THE STATE DEPARTMENT OF HEALTH AND HUMAN SERVICES, SO AS TO DELETE THE AUTHORITY OF THE DEPARTMENT TO ADMINISTER THE SOCIAL SERVICES BLOCK GRANT PROGRAM; AND BY ADDING SECTION 43-1-135 TO CHAPTER 1, TITLE 43 SO AS TO REQUIRE THE STATE DEPARTMENT OF SOCIAL SERVICES TO ADMINISTER THE SOCIAL SERVICES BLOCK GRANT PROGRAM.
(R395, S. 965 (Word version)) -- Senators Fair, Cromer, Thomas and Martin: AN ACT TO AMEND SECTION 20-7-7205, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, PROCEDURES FOR TAKING A CHILD INTO CUSTODY FOR A CRIMINAL VIOLATION AND THE DEPARTMENT OF JUVENILE JUSTICE DETENTION PROCEDURES, SO AS TO AUTHORIZE THE DEPARTMENT TO RENDER DETENTION SCREENING SERVICES BY TELEPHONE; TO AMEND SECTION 20-7-7405, RELATING TO DEPARTMENT OF JUVENILE JUSTICE INTAKE AND PROBATION SERVICES, SO AS TO DELETE THE PROVISION REQUIRING THE BOARD OF JUVENILE PAROLE TO REVIEW AND APPROVE POLICIES RELATING TO THE PROVISION OF INTAKE SERVICES BY THE DEPARTMENT; TO AMEND SECTION 20-7-7810, AS AMENDED, RELATING TO THE COMMITMENT OF JUVENILES ADJUDICATED DELINQUENT, SO AS TO PROVIDE THAT THE COURT MAY ORDER A COMMUNITY EVALUATION TO BE CONDUCTED BY THE DEPARTMENT OF JUVENILE JUSTICE AND THAT SUCH EVALUATION IS EQUIVALENT TO A RESIDENTIAL EVALUATION; AND TO REPEAL SECTION 20-7-1335, RELATING TO PROCEDURES FOR AND CIRCUMSTANCES UNDER WHICH JUVENILE RECORDS MAY BE DESTROYED AND CIRCUMSTANCES PROHIBITING THE DESTRUCTION OF SUCH RECORDS.
(R396, S. 1126 (Word version)) -- Senator Leatherman: AN ACT 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.
(R397, S. 1193 (Word version)) -- Senator Moore: AN ACT TO ENACT THE "SCHOOL DISTRICT OF MCCORMICK COUNTY SCHOOL BOND PROPERTY TAX RELIEF ACT" WHICH AUTHORIZES THE IMPOSITION OF A ONE PERCENT SALES AND USE TAX WITHIN MCCORMICK COUNTY UPON APPROVAL IN A REFERENDUM TO BE USED FOR SPECIFIED SCHOOL PURPOSES.
(R398, S. 1194 (Word version)) -- Senator Moore: AN ACT TO ENACT THE "SCHOOL DISTRICT OF EDGEFIELD COUNTY SCHOOL BOND PROPERTY TAX RELIEF ACT" WHICH AUTHORIZES THE IMPOSITION OF A ONE PERCENT SALES AND USE TAX WITHIN EDGEFIELD COUNTY UPON APPROVAL IN A REFERENDUM TO BE USED FOR SPECIFIED SCHOOL PURPOSES.
(R399, S. 1212 (Word version)) -- Senator Alexander: AN ACT TO AMEND SECTION 6-13-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS, DUTIES, AND RESPONSIBILITIES OF THE PIONEER RURAL WATER DISTRICT OF OCONEE AND ANDERSON COUNTIES, SO AS TO AUTHORIZE THE DISTRICT TO CONSTRUCT, OPERATE, OR MAINTAIN SEWER LINES, TO AUTHORIZE THE DISTRICT TO ENTER INTO CONTRACTS WITH OTHER ENTITIES TO PERFORM THESE POWERS, AND TO PROVIDE THAT THE DISTRICT MAY NOT TREAT OR DISPOSE OF SEWERAGE.
(R400, S. 1219 (Word version)) -- Senators Matthews and Hutto: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REPEALING ARTICLE 17, CHAPTER 7, TITLE 44, RELATING TO THE ORANGEBURG-CALHOUN REGIONAL HOSPITAL.
(R401, H. 3065 (Word version)) -- Rep. Kirsh: AN ACT 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 12-6-2220, 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 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 SECTION 12-8-1520, RELATING TO STATE INCOME TAX WITHHOLDING, SO AS TO PROVIDE 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 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 12-36-2510, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO 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 12-37-290, RELATING TO AN OBSOLETE HOMESTEAD EXEMPTION PROVISION; TO AMEND SECTION 12-44-50, AS AMENDED, RELATING TO THE "FEE IN LIEU OF TAX SIMPLIFICATION ACT OF 1997", SO AS TO REVISE THE ELIGIBILITY TO USE THE NET PERCENT VALUE METHOD OF CALCULATING THE ANNUAL FEE PAYMENT, TO AMEND SECTIONS 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 THE APPLICATION OF PENALTIES FOR FAILING TO PROVIDE WITHHOLDING STATEMENTS, AND 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 12-54-210 AND 12-54-240, AS AMENDED, RELATING TO THE COLLECTION AND ENFORCEMENT OF STATE TAXES, SO AS 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 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 WITH A MAJORITY OF THE JUICE FROM FRUIT OR BERRIES GROWN IN THIS STATE 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, AND 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 ON THE PREMISES WITH A MAJORITY OF THE JUICE FROM FRUIT OR BERRIES GROWN 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, BY ADDING SECTION 12-21-1085, SO AS TO PROVIDE THOSE TAXES ALLOWED ON BEER AND WINE, BY ADDING 61-6-1555, SO AS TO ALLOW AN AIRLINE COMPANY TO PURCHASE BEER, WINE, AND ALCOHOLIC LIQUOR DIRECTLY FROM A LICENSED WHOLESALER, TO PROVIDE THAT THE WHOLESALER MAY SELL AND DELIVER THE BEER, WINE, AND ALCOHOLIC LIQUOR TO AN AIRLINE COMPANY, AND TO PROVIDE A PENALTY IF A PERSON USES BEER, WINE, OR ALCOHOLIC LIQUOR PURCHASED PURSUANT TO THIS SECTION FOR ANOTHER PURPOSE OTHER THAN THE SALE OR USE BY THE AIRLINE COMPANY, TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO REVISE THE DEFINITION OF "NEW JOB", TO AMEND SECTIONS 12-6-40 AND 12-6-50, BOTH AS AMENDED, RELATING TO DEFINITIONS AND CONFORMITY PROVISIONS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO UPDATE THE REFERENCE DATE BY WHICH THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 AND CLARIFY THOSE PROVISIONS NOT ADOPTED, TO AMEND TITLE 12 BY ADDING CHAPTER 55 ENACTING THE OVERDUE DEBT COLLECTION ACT AUTHORIZING THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO IMPOSE A COLLECTION ASSISTANCE FEE ON CERTAIN OVERDUE TAX DEBTS EQUAL TO TWENTY PERCENT OF THE OVERDUE AMOUNT AND TO ALLOW THE DEPARTMENT TO RETAIN A PORTION OF THE COLLECTION ASSISTANCE FEE FOR ITS OPERATION, TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXEMPT PRESCRIPTIONS AND OVER-THE-COUNTER MEDICINES AND MEDICAL SUPPLIES SOLD TO A FREE CLINIC, BY ADDING SECTION 12-37-223 SO AS TO EXEMPT FROM PROPERTY TAX A SUFFICIENT AMOUNT OF THE FAIR MARKET VALUE OF REAL PROPERTY TO LIMIT TO TWENTY PERCENT INCREASES IN FAIR MARKET VALUE OF SUCH PROPERTY ATTRIBUTABLE TO REASSESSMENT PROGRAMS AND PROVIDE THE MANNER IN WHICH THIS EXEMPTION APPLIES AND ITS DURATION, TO REPEAL SECTION 12-37-223A, RELATING TO A COUNTY OPTION PROPERTY TAX EXEMPTION LIMITING TO FIFTEEN PERCENT INCREASES IN FAIR MARKET VALUE OF REAL PROPERTY AS A RESULT OF REASSESSMENT, BY ADDING SECTION 12-37-130, SO AS TO ESTABLISH A TASK FORCE TO STUDY THE IMPACT OF THIS NEW EXEMPTION ON HOMEOWNERS AND THE REAL ESTATE INDUSTRY, AND TO AMEND SECTION 6-1-320, AS AMENDED, RELATING TO LIMITS ON PROPERTY TAX MILLAGE INCREASES, SO AS TO CLARIFY THE CALCULATION OF THE INCREASED MILLAGE ALLOWED PURSUANT TO INCREASES IN THE CONSUMER PRICE INDEX.
(R402, H. 3080 (Word version)) -- Reps. Easterday and Hinson: AN ACT TO AMEND TITLE 58, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-230 SO AS TO PROHIBIT THE UNAUTHORIZED CHANGE OF A CUSTOMER'S UTILITY SERVICE PROVIDER, TO REQUIRE THAT THE AUTHORIZATION BE OBTAINED PURSUANT TO APPROPRIATE STATE AND FEDERAL REGULATIONS, TO PROVIDE THAT THE AUTHORIZATION FOLLOWS THE CUSTOMER, AND TO ESTABLISH PENALTIES; TO AMEND SECTION 58-9-280, AS AMENDED, RELATING TO THE REQUIREMENTS FOR A TELEPHONE UTILITY TO BE GRANTED A CERTIFICATE OF NECESSITY BEFORE THE CONSTRUCTION, OPERATION, OR EXTENSION OF A PLANT OR SYSTEM, SO AS TO PROVIDE THAT TELECOMMUNICATIONS CARRIERS THAT HAVE ELECTED TO HAVE RATES, TERMS, AND CONDITIONS DETERMINED PURSUANT TO THE PLAN DESCRIBED IN SECTION 58-9-576(B) SHALL PROVIDE ACCESS TO THESE CONTRACTS TO THE OFFICE OF THE REGULATORY STAFF OF THE PUBLIC SERVICE COMMISSION AS REQUIRED; TO ADD SECTION 58-9-285 SO AS TO PROVIDE FOR DEFINITIONS, TO PROHIBIT THE COMMISSION FROM REGULATING A BUNDLED OFFERING OR CONTRACT OFFERING BY A CARRIER AND REQUIRE A CARRIER TO ADHERE TO AN ALTERNATIVE REGULATORY PLAN UNTIL IT EXPIRES OR IS TERMINATED BY THE COMMISSION, WHICHEVER IS SOONER, TO PROVIDE THAT A LOCAL EXCHANGE CARRIER PROVIDING BUNDLED OFFERINGS OR CONTRACT OFFERINGS IS OBLIGATED TO PROVIDE CERTAIN UNIVERSAL SERVICE FUND (USF) CONTRIBUTIONS, AND TO PROVIDE FOR THE MANNER IN WHICH ACCESS MINUTES OF USE MUST BE CLASSIFIED AND REPORTED FOR PURPOSES OF ADMINISTERING THE INTERIM LOCAL EXCHANGE CARRIER FUND; TO AMEND SECTION 58-9-576, AS AMENDED, RELATING TO THE ELECTION A LOCAL EXCHANGE CARRIER MAY MAKE WITH REGARD TO ITS REGULATION, SO AS TO PROVIDE FURTHER CONDITIONS UNDER WHICH A LOCAL EXCHANGE CARRIER MAY MAKE THIS ELECTION, TO DEFINE "ABUSE OF MARKET POSITION", AND REQUIRE THE COMMISSION TO RESOLVE COMPLAINTS WITHIN ONE HUNDRED TWENTY DAYS; TO AMEND SECTION 58-3-580, AS AMENDED, RELATING TO THE OFFICE OF THE REGULATORY STAFF OF THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE FOR OTHER APPROPRIATIONS; TO AMEND SECTION 58-4-60, RELATING TO CERTIFICATIONS BY THE OFFICE OF THE REGULATORY STAFF, SO AS TO EXCEPT THE CERTIFICATION DEADLINE FOR 2004; TO AMEND SECTION 58-4-100, RELATING TO PAYMENT OF EXPERT WITNESSES, SO AS TO ALLOW THE PARTIES TO AGREE TO COMPENSATION AND EXPENSES; AND TO PROVIDE VARIOUS EFFECTIVE DATES.
(R403, H. 3400 (Word version)) -- Reps. M.A. Pitts, Taylor and McLeod: AN ACT TO REPEAL JOINT RESOLUTION 775 OF 1976 WHICH CALLED ON CONGRESS TO BALANCE THE FEDERAL BUDGET THROUGH SUBMITTING AN APPROPRIATE AMENDMENT TO THE STATES FOR RATIFICATION OR IN THE ALTERNATIVE TO CALL A CONSTITUTIONAL CONVENTION FOR THIS PURPOSE, AND TO DISAVOW ANY OTHER CALLS FOR A CONSTITUTIONAL CONVENTION BY ANY MEANS EXPRESSED.
(R404, H. 3454 (Word version)) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SPECIFIC PROJECT STANDARDS FOR TIDELANDS AND COASTAL WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2629, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R405, H. 3507 (Word version)) -- Reps. McGee, Coates, Harrison, Sinclair and Cotty: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-35-75 SO AS TO PROVIDE FOR CERTAIN REQUIREMENTS OF A LESSEE IN A COMMERCIAL LEASE AGREEMENT OR SECURITY AGREEMENT TO ENSURE REASONABLE PROTECTION OF THE SUBJECT PROPERTY, TO PROVIDE FOR THE RIGHT OF ACCESS BY A LESSOR TO REAL ESTATE, FIXTURES, AND EQUIPMENT THAT ARE SUBJECT TO A COMMERCIAL LEASE OR SECURITY AGREEMENT FOR THE PURPOSE OF REASONABLE PROTECTION OF THE LEASED PROPERTY UPON TWENTY-FOUR HOURS' WRITTEN NOTICE TO THE LESSEE, TO PROVIDE FOR EMERGENCY CIRCUMSTANCES, TO PROVIDE THAT THE LESSEE MAY NOT UNREASONABLY WITHHOLD CONSENT TO ACCESS, AND TO PROVIDE THAT THESE PROVISIONS APPLY TO ALL CURRENT AND FUTURE SUBJECT AGREEMENTS.
(R406, H. 3530 (Word version)) -- Reps. Cato, Wilkins, Sandifer, Young, Cotty, Edge and Owens: AN ACT TO AMEND SECTION 58-9-2200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH MUNICIPAL CHARGES TO TELECOMMUNICATIONS PROVIDERS, SO AS TO FURTHER DEFINE "SERVICE ADDRESS" TO INCLUDE THE ORIGINATION POINT OF THE TELECOMMUNICATIONS SIGNAL FOR POSTPAID CALLING SERVICES AND TO DEFINE "POSTPAID CALLING SERVICE"; TO AMEND SECTION 58-9-2220, RELATING TO MAXIMUM RATES FOR BUSINESS LICENSE TAXES FOR RETAIL TELECOMMUNICATIONS SERVICES, SO AS TO REVAMP THE CALCULATIONS OF THE MAXIMUM BUSINESS LICENSE TAX A MUNICIPALITY MAY LEVY ON THE SALE OF RETAIL COMMUNICATIONS SERVICES TO ONE PERCENT OF THE GROSS INCOME DERIVED FROM THE SALE; AND TO AMEND SECTION 58-9-2230, RELATING TO PUBLIC RIGHTS OF WAY AND TELECOMMUNICATIONS SERVICES, SO AS TO PROVIDE THAT THE FRANCHISE OR CONSENT FEE AND THE ADMINISTRATIVE FEE CHARGED IN CONNECTION WITH THE USE OF A PUBLIC RIGHT OF WAY ARE INSTEAD OF A PERMIT FEE OR OTHER FEE ASSESSED ON A TELECOMMUNICATIONS PROVIDER FOR THE PURPOSE OF THE PROVIDER'S OCCUPATION OF OR WORK WITHIN THE PUBLIC RIGHT OF WAY.
(R407, H. 3552 (Word version)) -- Reps. Lourie, J.E. Smith, Rivers, Hosey, Altman, Anthony, Dantzler, J. Hines, McCraw, Moody-Lawrence, Richardson, Scarborough and Umphlett: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-45 SO AS TO PROVIDE THAT A DEPARTMENT OF SOCIAL SERVICES EMPLOYEE OR AN ADULT PROTECTIVE SERVICES EMPLOYEE SHALL REPORT KNOWN OR SUSPECTED INSTANCES OF ANIMAL CRUELTY, FIGHTING, OR BAITING, TO PROVIDE FOR IMMUNITY FROM LIABILITY FOR REPORTING PURSUANT TO THIS SECTION, TO PROVIDE THAT ANY VETERINARIAN OR OTHER PERSON SHALL REPORT SUSPECTED ANIMAL CRUELTY, FIGHTING, OR BAITING, AND TO PROVIDE FOR IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR REPORTING PURSUANT TO THIS SECTION; TO AMEND SECTION 20-7-510, AS AMENDED, RELATING TO PERSONS REQUIRED OR PERMITTED TO REPORT CHILD ABUSE OR NEGLECT, SO AS TO INCLUDE AN OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OF A SOCIETY INCORPORATED FOR THE PREVENTION OF CRUELTY TO ANIMALS AND AN ANIMAL CONTROL OFFICER WITHIN THE SECTION AND MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 43-35-25, RELATING TO PERSONS REQUIRED TO REPORT ABUSE, NEGLECT, OR EXPLOITATION OF VULNERABLE ADULTS, SO AS TO INCLUDE AN OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OF A SOCIETY INCORPORATED FOR THE PREVENTION OF CRUELTY TO ANIMALS OR AN ANIMAL CONTROL OFFICER WITHIN THE SECTION; BY ADDING SECTION 43-1-85 SO AS TO PROVIDE PENALTIES FOR VIOLATION OF STATUTES OR REGULATIONS PERTAINING TO PROGRAMS THAT THE DEPARTMENT OF SOCIAL SERVICES REGULATES, TO PROVIDE THAT THE DEPARTMENT SHALL PROMULGATE REGULATIONS REGARDING PENALTIES, TO PROVIDE FOR JUDICIAL REVIEW OF THE FINAL AGENCY DECISION CONCERNING A PENALTY; AND BY ADDING SECTION 20-7-2255 SO AS TO PROVIDE THAT STANDARD LICENSES FOR RESIDENTIAL GROUP HOMES AND CHILD CARING INSTITUTIONS ARE EFFECTIVE FOR TWO YEARS FROM THE DATE OF ISSUANCE UNLESS REVOKED OR TERMINATED BEFORE THE EXPIRATION DATE.
(R408, H. 3734 (Word version)) -- Rep. Cooper: AN ACT TO AMEND SECTION 48-20-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF FEES AND CIVIL PENALTIES COLLECTED PURSUANT TO THE SOUTH CAROLINA MINING ACT, SO AS TO PROVIDE THAT ANY INCREASE IN FEE REVENUE ATTRIBUTABLE TO THE FEE STRUCTURE IMPOSED JULY 1, 2003, MUST BE RETAINED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR ITS MINING AND RECLAMATION PROGRAM AND USED SPECIFICALLY TO PROVIDE ADDITIONAL STAFF FOR THE PROGRAM AND TO PROVIDE EDUCATIONAL AND TRAINING ASSISTANCE TO THE MINING INDUSTRY IN THIS STATE, AND TO AMEND SECTION 44-56-170, RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE THAT THE TEN-DOLLAR-A-TON INCINERATION FEE ON HAZARDOUS WASTE MUST BE BASED ON THE AMOUNT OF HAZARDOUS WASTE COLLECTED BY THE FACILITY AND DOES NOT INCLUDE NONHAZARDOUS MATERIAL ADDED AT THE INCINERATION FACILITY FOR FUEL BLENDING.
(R409, H. 3778 (Word version)) -- Reps. Herbkersman, Bailey, Bowers, Ceips, Clark, Clemmons, Duncan, Gilham, Haskins, J. Hines, Hinson, Hosey, Littlejohn, Lloyd, Lourie, Mahaffey, Merrill, Miller, Moody-Lawrence, J.H. Neal, Pinson, E.H. Pitts, Richardson, Rivers, Sandifer, Scarborough, Simrill, Sinclair, Snow, Toole, Umphlett, Vaughn, Viers, White and Whitmire: AN ACT TO AMEND SECTION 56-5-1210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF A DRIVER OF A VEHICLE INVOLVED IN AN ACCIDENT THAT RESULTS IN INJURY TO OR THE DEATH OF A PERSON, SO AS TO ALLOW THE DRIVER TO TEMPORARILY LEAVE THE SCENE OF THE ACCIDENT TO REPORT IT TO THE PROPER AUTHORITIES, TO PROVIDE THAT CERTAIN PERSONS MAY MOVE OR HAVE REMOVED FROM THE TRAVELED WAY ALL DISABLED VEHICLES, VEHICLES INVOLVED IN AN ACCIDENT, AND DEBRIS CAUSED BY A VEHICLE TRAFFIC COLLISION UNDER CERTAIN CIRCUMSTANCES WITHOUT INCURRING LIABILITY FOR DAMAGES TO A VEHICLE THAT RESULTS FROM ITS REMOVAL UNLESS THE REMOVAL WAS DONE IN A RECKLESS OR GROSSLY NEGLIGENT MANNER, TO ASSIGN THE REASONABLE COSTS OF REMOVAL TO CERTAIN PARTIES, AND TO PROVIDE THAT RECOVERY FROM AN AT FAULT PARTY IS NOT BARRED WHEN AN ACCIDENT IS CAUSED BY THE ACTIONS OF THAT PARTY; TO AMEND SECTION 56-5-1220, AS AMENDED, RELATING TO THE DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT THAT RESULTS IN DAMAGE TO A VEHICLE WHICH IS DRIVEN OR ATTENDED BY A PERSON, SO AS TO DELETE THE TERM "COLLISION", TO PROVIDE THAT THE DRIVER MAY TEMPORARILY LEAVE THE ACCIDENT SCENE TO REPORT THE ACCIDENT TO THE PROPER AUTHORITIES, TO DELETE THE PROVISION THAT REQUIRES THAT THE DRIVER MUST STOP THE VEHICLE WITHOUT OBSTRUCTING TRAFFIC, TO PROVIDE A PROCEDURE FOR A DRIVER TO FOLLOW WHEN MOVING A DISABLED VEHICLE OR A VEHICLE INVOLVED IN AN ACCIDENT RESULTING ONLY IN DAMAGE TO A VEHICLE FROM A ROADWAY, AND TO PROVIDE THAT THE DRIVER OR ANY OTHER PERSON WHO MOVES THE VEHICLE IS NOT LIABLE OR AT FAULT REGARDING THE CAUSE OF THE ACCIDENT UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT SIGNS MAY BE ERECTED ALONG HIGHWAYS AND STREETS THAT INSTRUCT THE PUBLIC THAT DRIVERS OF CERTAIN VEHICLES SHALL MAKE A REASONABLE EFFORT TO MOVE THE VEHICLES OFF A ROADWAY; TO AMEND SECTION 56-5-4100, RELATING TO THE SPILLAGE OF LOADS ALONG HIGHWAYS, SO AS TO REVISE THE TYPE OF MATTERS THAT MAY BE SPILLED FROM A VEHICLE THAT ARE COVERED BY THIS PROVISION, TO PROVIDE THAT AN OPERATOR OF A VEHICLE THAT SPILLS CERTAIN MATTER ALONG A HIGHWAY MUST MAKE EVERY REASONABLE EFFORT TO REMOVE THE MATTER FROM THE HIGHWAY, TO PROVIDE THAT CERTAIN AGENCIES MAY REMOVE THE MATTER FROM A HIGHWAY IF THE VEHICLE OPERATOR DOES NOT REMOVE THE MATTER WITHOUT INCURRING LIABILITY FOR DAMAGES TO THE MATTER UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT THE STATE AND ITS POLITICAL SUBDIVISIONS ARE NOT LIABLE FOR ANY DAMAGES OR CLAIMS OF DAMAGES THAT MAY RESULT FROM THE FAILURE TO EXERCISE ANY AUTHORITY PROVIDED IN THIS PROVISION, AND TO PROVIDE THAT CERTAIN INDIVIDUALS SHALL BEAR THE COSTS OF THE REMOVAL, STORAGE, AND DISPOSITION OF ANY MATTER COVERED BY THIS PROVISION; BY ADDING SECTION 56-5-1536 SO AS TO DEFINE, PROVIDE FOR THE REGULATION OF TRAFFIC THROUGH, AND PENALTIES FOR VIOLATING PROVISIONS THAT REGULATE TEMPORARY WORK ZONES; AND TO AMEND SECTION 56-5-765, AS AMENDED, RELATING TO INVESTIGATIONS OF TRAFFIC COLLISIONS INVOLVING A LAW ENFORCEMENT AGENCY'S MOTOR VEHICLES OR MOTORCYCLES, SO AS TO MAKE TECHNICAL CHANGES, TO PROVIDE THAT ANY INVESTIGATION THAT OCCURS AS A RESULT OF A COLLISION INVOLVING A POLICE VEHICLE MUST INCLUDE A FIELD INVESTIGATION TO IDENTIFY POSSIBLE WITNESSES, AND TO DEFINE THE TERM "INVOLVED IN A TRAFFIC COLLISION".
(R410, H. 3831 (Word version)) -- Reps. Cato, Chellis, Coates, Cobb-Hunter, Edge, Emory, Harrison, Huggins, Limehouse, Sandifer, J.E. Smith, Talley and Whipper: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 15, TITLE 56 SO AS TO REQUIRE CERTAIN APPLICANTS FOR AN INITIAL NONFRANCHISE AUTOMOBILE DEALER LICENSE TO COMPLETE CERTAIN PRE-LICENSING EDUCATION COURSES BEFORE THEY MAY BE ISSUED A LICENSE, AND TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL PROMULGATE REGULATIONS TO IMPLEMENT THIS PROVISION.
(R411, H. 3858 (Word version)) -- Reps. Edge, Harrison, Herbkersman, Duncan and Clemmons: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 29 OF TITLE 6 SO AS TO ENACT THE "VESTED RIGHTS ACT" BY PROVIDING FOR THE ESTABLISHMENT OF VESTED PROPERTY RIGHTS ALLOWING THE COMMENCEMENT AND COMPLETION OF DEVELOPMENT AND USE OF PROPERTY PURSUANT TO A SITE SPECIFIC DEVELOPMENT PLAN OR AN APPROVED PHASE DEVELOPMENT PLAN, TO PROVIDE FOR THE LOCAL GOVERNMENT ACTS AND FACTORS TRIGGERING A VESTED RIGHT, TO LIMIT THE VESTING FOR A TERM OF YEARS, TO PROTECT THE HOLDER OF VESTED RIGHTS FROM ZONING CHANGES UNLESS CERTAIN CONDITIONS ARE MET AND TO PROVIDE THAT A VESTED RIGHT ATTACHES TO AND RUNS WITH THE PROPERTY; AND TO AMEND SECTION 6-29-1320, RELATING TO EDUCATIONAL REQUIREMENTS FOR LOCAL PLANNING AND ZONING OFFICIALS, SO AS TO FURTHER PROVIDE FOR DATES OF COMPLIANCE.
(R412, H. 3867 (Word version)) -- Rep. Harrison: AN ACT TO AMEND SECTION 14-25-165, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND COMPOSING A JURY IN MUNICIPAL COURT, SO AS TO INCREASE THE SIZE OF THE POOL FROM WHICH JURORS ARE SELECTED, AND TO DELETE A PROVISION FOR DRAWING A JURY FOR A SINGLE TRIAL WHICH REQUIRES PEREMPTORY CHALLENGES IN ADVANCE OF THE TRIAL DATE; TO AMEND SECTION 22-2-50, RELATING TO THE PREPARATION OF A LIST OF QUALIFIED ELECTORS FOR EACH MAGISTERIAL JURY AREA, SO AS TO REQUIRE THE LIST BE PREPARED IN OCTOBER OF EACH YEAR, DELETE THE REQUIREMENT THE LIST BE PREPARED ON A PRECINCT BY PRECINCT BASIS, AND REQUIRE IT BE COMPILED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 14-7-130; TO AMEND SECTIONS 22-2-80 AND 22-2-90, BOTH AS AMENDED, RELATING TO SELECTION OF A JURY IN MAGISTRATES COURT, SO AS TO INCREASE THE SIZE OF THE JURY POOL FROM WHICH A JURY IS SELECTED AND CHANGE THE TIME FOR SELECTING PERSONS TO SERVE ON A JURY; TO AMEND SECTION 22-2-100, RELATING TO THE PROCEDURE FOR SELECTING PRIMARY AND ALTERNATE JURORS IN MAGISTRATES COURT, SO AS TO CHANGE LANGUAGE CONSISTENT WITH OTHER CHANGES MADE IN SECTION 14-25-165; AND TO AMEND SECTION 22-2-120, RELATING TO THE SELECTION OF ADDITIONAL JURORS IN MAGISTRATES COURT AT THE TIME OF TRIAL, SO AS TO DELETE ARCHAIC LANGUAGE.
(R413, H. 3891 (Word version)) -- Reps. Quinn, Herbkersman, Altman, Anthony, Bailey, Bingham, G. Brown, J. Brown, Cato, Clemmons, Cobb-Hunter, Duncan, Edge, Gilham, Harrison, Harvin, Haskins, Hayes, J. Hines, Lee, Littlejohn, Lucas, Mahaffey, McGee, Merrill, Parks, M.A. Pitts, Scarborough, F.N. Smith, J.E. Smith, Talley, Toole, Umphlett, Viers, Young and Pinson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 47, TITLE 40 SO AS TO ENACT THE "ACUPUNCTURE ACT OF SOUTH CAROLINA" TO ESTABLISH THE ACUPUNCTURE ADVISORY COMMITTEE TO BE APPOINTED BY THE BOARD OF MEDICAL EXAMINERS AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO ESTABLISH REQUIREMENTS FOR LICENSURE AND LICENSURE RENEWAL AS AN ACUPUNCTURIST, AN AURICULAR THERAPIST, AND AN AURICULAR DETOXIFICATION THERAPIST AND TO ESTABLISH LICENSURE AND RENEWAL FEES; TO AUTHORIZE TEMPORARY LICENSURE OF CERTAIN INDIVIDUALS CURRENTLY PRACTICING UNTIL AN INDIVIDUAL SATISFIES THE LICENSURE REQUIREMENTS OF THIS ARTICLE; TO ESTABLISH CRITERIA FOR THE LICENSURE OF OTHER ACUPUNCTURISTS CURRENTLY PRACTICING; TO PROHIBIT PRACTICING AS AN ACUPUNCTURIST, AN AURICULAR THERAPIST, OR AN AURICULAR DETOXIFICATION THERAPIST WITHOUT BEING LICENSED AND TO PROVIDE PENALTIES; TO FURTHER PROVIDE FOR THE REGULATION OF THESE PROFESSIONALS; TO REPEAL SECTIONS 40-47-70 AND 40-47-75 RELATING TO AUTHORIZATION FOR THE PRACTICE OF ACUPUNCTURE; TO AMEND TITLE 44, RELATING TO HEALTH BY ADDING CHAPTER 132 SO AS TO ESTABLISH PROCEDURES AND REQUIREMENTS FOR THE DIRECT SUBMISSION OF CLAIMS FOR ANATOMIC PATHOLOGY SERVICES; AND BY ADDING ARTICLE 10, CHAPTER 47, TITLE 40 SO AS TO PROVIDE FOR THE REGISTERED CARDIOVASCULAR INVASIVE SPECIALISTS ACT, TO DEFINE CERTAIN TERMS, TO PROVIDE THE PROCEDURE A PERSON MUST FOLLOW TO BECOME A REGISTERED CARDIOVASCULAR INVASIVE SPECIALIST, TO PROVIDE THE SERVICES A CARDIOVASCULAR INVASIVE SPECIALIST MAY PERFORM, TO PROVIDE FOR THE DISCIPLINE OF A PERSON WHO HAS BECOME UNFIT TO PRACTICE OR WHO HAS VIOLATED THIS ARTICLE, TO PROVIDE CERTAIN THINGS THAT A CARDIOVASCULAR INVASIVE SPECIALIST MUST DO AND MAY NOT DO, AND TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL PROMULGATE REGULATIONS.
(R414, H. 3987 (Word version)) -- Reps. White, Altman and Toole: AN ACT TO AMEND SECTION 44-7-2910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL RECORD CHECKS FOR DIRECT CAREGIVERS IN NURSING HOMES AND OTHER FACILITIES PROVIDING CARE TO ADULTS, SO AS TO REQUIRE A FACILITY TO COMMENCE A CRIMINAL RECORD CHECK PRIOR TO EMPLOYING OR CONTRACTING WITH A DIRECT CAREGIVER, TO REQUIRE EMPLOYMENT AGENCIES PLACING DIRECT CAREGIVERS TO HAVE SUCH CHECKS CONDUCTED AND TO REQUIRE A RECORD OF THE RESULTS OF THE CHECK TO BE MAINTAINED, TO PROVIDE THAT FACULTY AND STUDENTS IN EDUCATIONAL PROGRAMS IN DIRECT CARE FACILITIES ARE NOT "DIRECT CAREGIVERS", TO REQUIRE A DIRECT CARE ENTITY TO CONDUCT A STATE CRIMINAL RECORD CHECK PRIOR TO EMPLOYING AN INDIVIDUAL WHEN SOUTH CAROLINA RESIDENCY CAN NOT BE VERIFIED AND TO PROVIDE THAT A DIRECT CARE ENTITY IS ONLY REQUIRED TO CONDUCT A FEDERAL CHECK AFTER EMPLOYMENT COMMENCES IF RESIDENCY IN ANOTHER STATE CANNOT BE VERIFIED; AND TO AMEND SECTION 44-7-2920, RELATING TO PROCEDURES FOR CONDUCTING CRIMINAL RECORD CHECKS, SO AS TO DELETE THE PROVISION AUTHORIZING A DIRECT CARE ENTITY TO TEMPORARILY EMPLOY A PERSON PENDING THE RESULTS OF THE CRIMINAL RECORD CHECK.
(R415, H. 4070 (Word version)) -- Rep. Witherspoon: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-87 SO AS TO ENACT THE "AQUATIC LIFE PROTECTION ACT" TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPOSE NPDES PERMIT LIMITATIONS FOR TOXICITY IF A DISCHARGE HAS THE REASONABLE POTENTIAL TO IMPACT WATER QUALITY UNDER CERTAIN CONDITIONS AND TO FURTHER DIRECT THE DEPARTMENT IN TESTING AND DEVELOPING METHODOLOGIES TO IMPLEMENT THIS REQUIREMENT; TO PROVIDE THAT IF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY PUBLISHES A NOTICE OF INTENT IN THE FEDERAL REGISTER TO COMMENCE WITHDRAWAL OF THE SOUTH CAROLINA NPDES PROGRAM AS A DIRECT RESULT OF THIS ACT, THE APPLICATION AND ENFORCEMENT OF THIS ACT IS SUSPENDED; AND TO PROVIDE THAT FIVE YEARS FROM THE EFFECTIVE DATE OF THIS ACT, THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND ANY INTERESTED PARTIES SHALL SUBMIT A REPORT TO THE GENERAL ASSEMBLY TO DETERMINE WHETHER REPEAL OF THE ACT WOULD BE APPROPRIATE.
(R416, H. 4132 (Word version)) -- Reps. Sheheen, Cotty and Coleman: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 28 TO TITLE 49 SO AS TO ESTABLISH THE LAKE WATEREE MARINE ADVISORY COMMISSION AND PROVIDE FOR ITS JURISDICTION, POWERS, DUTIES, AND RESPONSIBILITIES.
(R417, H. 4455 (Word version)) -- Reps. Clemmons, J. Brown, Sandifer, Leach, Clark, Toole, Ceips, Herbkersman and Gilham: AN ACT TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS REQUIREMENTS PERTAINING TO PHARMACIES, INCLUDING THE TRANSFER OF ORIGINAL PRESCRIPTION INFORMATION BETWEEN PHARMACIES IN THIS STATE, SO AS TO PROVIDE THAT ALL REMAINING REFILLS, RATHER THAN ONLY ONE REFILL, MAY BE TRANSFERRED TO AND DISPENSED BY THE RECEIVING PHARMACY, TO DELETE THE REFERENCE TO IN-STATE PHARMACIES, AND TO DELETE A PROVISION CONTAINING PROCEDURES FOR DISPENSING RESTRICTED DRUGS; TO AMEND CHAPTER 47, TITLE 40 BY ADDING ARTICLE 10 SO AS TO REQUIRE CARDIOVASCULAR INVASIVE SPECIALISTS TO REGISTER WITH THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, WHICH MUST INCLUDE HOLDING A CURRENT REGISTRATION WITH CARDIOVASCULAR CREDENTIALING INTERNATIONAL, TO ESTABLISH PARAMETERS FOR THE SCOPE OF PRACTICE FOR SUCH SPECIALISTS, TO PROHIBIT SUCH SPECIALISTS FROM PRESCRIBING DRUGS, TO REQUIRE THESE SPECIALISTS TO PRACTICE ONLY UNDER THE SUPERVISION OF A CARDIOLOGIST, TO AUTHORIZE SANCTIONS FOR UNAUTHORIZED PRACTICE AND OTHER PRACTICE VIOLATIONS, AND TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL PROMULGATE REGULATIONS TO IMPLEMENT THIS ARTICLE; TO ADD SECTION 40-13-255 SO AS TO PROVIDE FOR THE REGISTRATION AND REGULATION OF PERSONS WHO PRACTICE HAIR BRAIDING, INCLUDING REQUIRING REGISTRATION AND RENEWAL FEES, A SIXTY HOUR DEPARTMENT OF LABOR, LICENSING AND REGULATION APPROVED HAIR BRAIDING COURSE, AND PASSAGE OF AN EXAMINATION ADMINISTERED BY THE DEPARTMENT, AND TO PROVIDE THAT AN INDIVIDUAL CURRENTLY ENGAGED IN HAIR BRAIDING HAS ONE YEAR TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION; AND TO AMEND SECTION 40-13-20, AS AMENDED, RELATING TO DEFINITIONS OF TERMS USED IN CONNECTION WITH THE LICENSURE AND REGULATION OF COSMETOLOGISTS, SO AS TO DEFINE "HAIR BRAIDING".
(R418, H. 4470 (Word version)) -- Reps. Harrison, Altman, Cotty, Kirsh and Owens: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 36-9-410 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON UNDER CERTAIN CONDITIONS TO INTENTIONALLY AND WILFULLY SELL OR DISPOSE OF PERSONAL PROPERTY THAT IS SUBJECT TO A PERFECTED SECURITY INTEREST WITH INTENT TO DEFRAUD THE SECURED PARTY WITHOUT HIS CONSENT AND WITHOUT PAYING THE DEBT, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
(R419, H. 4482 (Word version)) -- Reps. Cotty, Altman, G.M. Smith, Davenport, Coates, J. Brown, Richardson, Kirsh, Owens, Weeks, Clark, Harrison, J.R. Smith, E.H. Pitts, Hinson, Walker, J.E. Smith and Whipper: AN ACT TO AMEND CHAPTER 29, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENT PLANNING, BY ADDING ARTICLE 11 SO AS TO ENACT THE "FEDERAL DEFENSE FACILITIES UTILIZATION INTEGRITY PROTECTION ACT" WHICH PROVIDES PROCESSES AND PROCEDURES WHEREBY LOCAL PLANNING ENTITIES AND OFFICIALS MUST CONSIDER CERTAIN MATTERS AND TAKE CERTAIN ACTIONS IN REGARD TO DEVELOPMENT IN CERTAIN AREAS BORDERING FEDERAL MILITARY INSTALLATIONS LOCATED IN SOUTH CAROLINA OR THE OVERLAY ZONES OR AIR COMPATIBLE USE ZONES AT THESE INSTALLATIONS.
(R420, H. 4527 (Word version)) -- Reps. M.A. Pitts, Bailey and Koon: AN ACT TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS, SO AS TO EXTEND THE DEDUCTION ALLOWED AN ELIGIBLE VOLUNTEER FIREMAN, VOLUNTEER RESERVE SQUAD MEMBER, AND VOLUNTEER MEMBER OF A HAZARDOUS MATERIALS (HAZMAT) RESPONSE TEAM TO A RESERVE POLICE OFFICER AND A DEPARTMENT OF NATURAL RESOURCES DEPUTY ENFORCEMENT OFFICER, TO DELETE OBSOLETE LANGUAGE, CLARIFY THAT ONLY ONE DEDUCTION IS ALLOWED, AND PROVIDE DEDUCTION ELIGIBILITY REQUIREMENTS FOR A RESERVE POLICE OFFICER AND DEPARTMENT OF NATURAL RESOURCES DEPUTY ENFORCEMENT OFFICER, AND TO AMEND TITLE 32 BY ADDING CHAPTER 13 SO AS TO PROVIDE FOR THE TIMING OF A REIMBURSEMENT PAYMENT FOR FEDERAL MANUFACTURERS EXCISE TAX IN CONTRACTS REQUIRING SUCH REIMBURSEMENT.
(R421, H. 4537 (Word version)) -- Reps. Walker, Wilkins, W.D. Smith, Harrison, Witherspoon, Cato, Townsend, Littlejohn, Davenport, J.E. Smith, Huggins, Lourie, Scott, Bales, McGee, Sinclair, Anthony, Harvin, Cotty, Leach, Allen, Altman, Bailey, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Haskins, Hayes, Herbkersman, J. Hines, Hinson, Hosey, Howard, Jennings, Keegan, Kennedy, Kirsh, Koon, Lee, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, 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, Sheheen, Simrill, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, G.R. Smith, J.R. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Tripp, Trotter, Umphlett, Vaughn, Viers, Weeks, Whipper, White, Whitmire, Young and M. Hines: AN ACT TO AMEND SECTION 13-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, DUTIES, AND AUTHORITY OF THE SECRETARY OF COMMERCE, SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF COMMERCE'S DIVISION OF AERONAUTICS MUST BE APPOINTED BY THE GOVERNOR, AND TO PROVIDE THAT THE EXECUTIVE DIRECTOR OF THE DIVISION OF AERONAUTICS SHALL SERVE AT THE PLEASURE OF THE AERONAUTICS COMMISSION; BY ADDING ARTICLE 6 TO CHAPTER 1, TITLE 13 SO AS TO ESTABLISH THE AERONAUTICS COMMISSION WITHIN THE DEPARTMENT OF COMMERCE TO ASSIST THE SECRETARY OF COMMERCE IN THE OPERATION OF AND TO OVERSEE THE DIVISION OF AERONAUTICS AND WHICH SHALL BE COMPOSED OF ONE MEMBER FROM EACH CONGRESSIONAL DISTRICT ELECTED BY THE DELEGATIONS OF THE CONGRESSIONAL DISTRICT AND ONE MEMBER APPOINTED BY THE GOVERNOR, UPON THE ADVICE AND CONSENT OF THE SENATE; TO AMEND SECTION 55-1-5, AS AMENDED, RELATING TO THE DEFINITION OF TERMS RELATING TO AERONAUTICS, SO AS TO REVISE THE DEFINITION OF THE TERM "DIRECTOR" AND TO DELETE THE TERM "DESIGNEE"; TO AMEND SECTION 55-5-20, AS AMENDED, RELATING TO DEFINITIONS OF TERMS RELATING TO THE UNIFORM STATE AERONAUTICAL REGULATORY LAW, SO AS TO REVISE THE DEFINITION OF THE TERM "AVIATION GASOLINE"; TO AMEND SECTION 55-5-50, AS AMENDED, RELATING TO THE DEPUTY DIRECTOR OF AERONAUTICS AND OTHER EMPLOYEES, SO AS TO PROVIDE THAT THE AERONAUTICS COMMISSION SHALL EMPLOY A DEPUTY DIRECTOR OF AERONAUTICS INSTEAD OF THE DIRECTOR OF THE DIVISION OF AERONAUTICS OF THE DEPARTMENT OF COMMERCE; AND TO AMEND SECTION 55-5-280, AS AMENDED, RELATING TO THE STATE AVIATION FUND, SO AS TO PROVIDE THAT FUNDS APPROPRIATED FOR AVIATION GRANTS MUST BE PAID INTO THE STATE TREASURY AND CREDITED TO THE "STATE AVIATION FUND".
(R422, H. 4575 (Word version)) -- Reps. Sheheen, McGee and McLeod: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-862 SO AS TO REQUIRE A CLERK OF COURT TO SERVE NOTICE OF A RULE TO SHOW CAUSE HEARING FOR AN ARREARAGE IN CHILD SUPPORT OR PERIODIC ALIMONY TO THE PARTY OWED THE SUPPORT OR ALIMONY; TO PROVIDE FOR THE FORM OF NOTICE AND THE PROCEDURE FOR SERVICE; AND TO PROVIDE THAT THESE REQUIREMENTS DO NOT APPLY TO CASES IN WHICH THE DEPARTMENT OF SOCIAL SERVICES REPRESENTS THE PARTY OWED THE SUPPORT OR ALIMONY.
(R423, H. 4649 (Word version)) -- Rep. Harrison: AN ACT TO AMEND SECTION 56-5-765, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INVESTIGATION OF TRAFFIC COLLISIONS INVOLVING A LAW ENFORCEMENT AGENCY MOTOR VEHICLE OR MOTORCYCLE, SO AS TO MAKE CERTAIN TECHNICAL CHANGES, TO PROVIDE THAT ANY INVESTIGATION THAT OCCURS AS A RESULT OF A COLLISION INVOLVING A POLICE VEHICLE MUST INCLUDE A FIELD INVESTIGATION TO IDENTIFY POSSIBLE WITNESS, AND TO DEFINE THE TERM "INVOLVED IN A TRAFFIC COLLISION"; TO AMEND SECTION 56-5-2525, RELATING TO THE TOWING OF A MOTOR VEHICLE WITHOUT THE MOTOR VEHICLE OWNER'S KNOWLEDGE, SO AS TO DEFINE THE TERM "VEHICLE", TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO THE STORAGE OF A VEHICLE, TO MAKE TECHNICAL CHANGES, TO PROVIDE THAT A LAW ENFORCEMENT AGENCY THAT RECEIVES NOTICE THAT A VEHICLE HAS BEEN TOWED MUST DRAFT A TOWING REPORT AND FURNISH THE TOWING COMPANY WITH THE REPORT'S DOCUMENT NUMBER, TO PROVIDE THAT A TOWING COMPANY IS NOT REQUIRED TO NOTIFY A LAW ENFORCEMENT AGENCY THAT A VEHICLE HAS BEEN TOWED WHEN THE TOWING IS PERFORMED AT THE DIRECTION OF A LAW ENFORCEMENT OFFICER, AND TO PROVIDE THAT A TOWING COMPANY THAT TOWS A PERSON'S VEHICLE WITHOUT HIS KNOWLEDGE AND STORES IT IS NOT REQUIRED TO RETURN THE VEHICLE TO THE PERSON AFTER THE COMPANY'S NORMAL BUSINESS HOURS; TO AMEND SECTION 56-5-5630, AS AMENDED, RELATING TO THE NOTICE CERTAIN LAW ENFORCEMENT AGENCIES MUST GIVE THE OWNER OF A VEHICLE WHICH THEY HAVE DIRECTED TO BE TOWED, SO AS TO MAKE TECHNICAL CHANGES, REVISE THE DEFINITION OF THE TERM "VEHICLE", TO PROVIDE THAT WHEN AN ABANDONED VEHICLE HAS BEEN TAKEN INTO CUSTODY BY A TOWING COMPANY AND STORAGE FACILITY, THE TOWING COMPANY STORAGE FACILITY AND LAW ENFORCEMENT AGENCY SHALL NOTIFY CERTAIN PERSON THAT THE VEHICLE HAS BEEN TAKEN INTO CUSTODY, AND TO PROVIDE FOR THE CONTENTS OF THE NOTIFICATION AND HOW THE NOTICE MUST BE DELIVERED, TO REVISE THE PROVISION THAT ALLOWS FOR THE RECOVERY OF TOWING AND STORAGE COSTS, TO DELETE THE PROVISION THAT REQUIRES A LAW ENFORCEMENT AGENCY TO PROVIDE A TOWING COMPANY AND STORAGE FACILITY CERTAIN INFORMATION REGARDING AN OBJECT THAT IS TOWED, AND TO PROVIDE THAT THE COURT MAY ORDER RESTITUTION FROM A PERSON CONVICTED OF STEALING A VEHICLE TO COVER THE VEHICLE'S TOWING AND STORAGE COSTS; TO AMEND SECTION 56-5-5635, RELATING TO THE PROCEDURE BY WHICH A LAW ENFORCEMENT OFFICER MAY HAVE A VEHICLE TOWED AND DISPOSED OF, SO AS TO MAKE TECHNICAL CHANGES, TO PROVIDE THAT BEFORE SELLING, THE VEHICLE, THE SELLER MUST OBTAIN THE NAME AND ADDRESS OF ANY OWNER OR LIENHOLDER, TO REVISE THE PROCEDURE TO NOTIFY THE OWNER OR LIENHOLDER THAT THE VEHICLE HAS BEEN TOWED AND CERTAIN COSTS ASSOCIATED WITH TOWING THE VEHICLE HAVE ACCRUED, AND TO REVISE THE PROCEDURE TO DISPOSE OF THE VEHICLE; TO AMEND SECTION 56-5-5640, AS AMENDED, RELATING TO ABANDONED VEHICLES, SO AS TO MAKE TECHNICAL CHANGES, TO PROVIDE A MAXIMUM AMOUNT OF COSTS THAT MAY BE RECOVERED FROM THE SALE OF A VEHICLE, AND TO PROVIDE THAT THE MAGISTRATE INSTEAD OF THE PROPRIETOR, OWNER, OR OPERATOR OF THE STORAGE PLACE, MUST NOTIFY THE OWNER AND LIENHOLDERS THAT THEY HAVE NINETY DAYS TO CLAIM THE PROCEEDS FROM THE SALE OF THE VEHICLE; TO AMEND SECTION 56-5-5660, RELATING TO AN APPLICATION FOR AND ISSUANCE OF A DISPOSAL AUTHORITY CERTIFICATE, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-5-5670, AS AMENDED, RELATING TO CERTAIN DUTIES OF DEMOLISHERS OF VEHICLES AND THE SURRENDER OF CERTAIN DOCUMENTS, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-5-5850, AS AMENDED, RELATING TO THE ATTACHMENT OF COLORED TAGS ON CERTAIN VEHICLES THAT ARE LEFT UNATTENDED ON A HIGHWAY, OR PUBLIC OR PRIVATE PROPERTY, SO AS TO REVISE THE PROCEDURE THAT GOVERNS THE PLACEMENT OF COLORED TAGS ON A VEHICLE, AND THE REMOVAL AND DISPOSAL OF A VEHICLE WHICH HAS A COLORED TAG PLACED ON IT; TO AMEND SECTION 56-19-840, RELATING TO REQUIRING AN OPERATOR OF A PLACE OF BUSINESS FOR GARAGING, REPAIRING, PARKING, OR STORING CERTAIN VEHICLES TO REPORT UNCLAIMED VEHICLES IN HIS POSSESSION TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO MAKE TECHNICAL CHANGES, TO REVISE THE DEFINITION OF A VEHICLE THAT IS CONSIDERED TO BE "UNCLAIMED" AND TO REVISE THE PROCEDURE TO REPORT AN UNCLAIMED VEHICLE TO THE DEPARTMENT OF MOTOR VEHICLES; TO AMEND SECTION 16-11-760, AS AMENDED, RELATING TO PARKING A VEHICLE ON PRIVATE PROPERTY WITHOUT THE OWNER'S CONSENT AND THE REMOVAL OF THE VEHICLE, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 29-15-10, AS AMENDED, RELATING TO LIENS FOR REPAIR OR STORAGE, SO AS TO REVISE THE PROCEDURE THAT ALLOWS A TOWING COMPANY, STORAGE FACILITY, GARAGE, OR REPAIR SHOP TO SELL AT PUBLIC AUCTION CERTAIN ARTICLES THAT HAVE NOT BEEN RECLAIMED WITHIN A CERTAIN PERIOD OF TIME.
(R424, H. 4675 (Word version)) -- Rep. Harrison: AN ACT TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LITTERING, SO AS TO REVISE THE SENTENCE THAT MAY BE IMPOSED PURSUANT TO THIS PROVISION, TO PROVIDE THAT WHEN THE SENTENCE FOR A VIOLATION OF THIS SECTION INCLUDES LITTER-GATHERING, THE LITTER-GATHERING PORTION IS MANDATORY, HOWEVER THE COURT MAY DIRECT THE PERSON TO PAY AN ADDITIONAL MONETARY PENALTY INSTEAD OF THE SENTENCE, TO PROVIDE THE CIRCUMSTANCES WHEN PROBATION MAY BE GRANTED INSTEAD OF A LITTER-GATHERING SENTENCE, TO PROVIDE FOR THE DISTRIBUTION OF FUNDS COLLECTED INSTEAD OF A MANDATORY LITTER-GATHERING SENTENCE, AND TO PROVIDE WHEN A VIOLATION OF THIS SECTION CONSTITUTES A PRIOR VIOLATION WITHIN THE MEANING OF THIS SECTION; AND TO AMEND SECTION 56-25-20, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE FOR FAILURE TO COMPLY WITH CERTAIN TRAFFIC CITATIONS, SO AS TO REVISE THIS SECTION TO INCLUDE A DEPARTMENT OF NATURAL RESOURCES SUMMONS FOR CERTAIN LITTERING VIOLATIONS.
(R425, H. 4709 (Word version)) -- Reps. Bailey and Chellis: AN ACT TO AMEND SECTION 12-21-4070, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT FOR ANY BINGO LICENSE TO BE ISSUED THE ORGANIZATION, PROMOTER, OR INDIVIDUAL MUST HAVE BEEN DOMICILED IN THIS STATE FOR AT LEAST THREE YEARS OR, IN THE CASE OF AN ORGANIZATION, TO HAVE BEEN ACTIVE IN THIS STATE FOR AT LEAST THREE YEARS, SO AS TO REDUCE THE MINIMUM TIME FOR AN ORGANIZATION TO HAVE BEEN ACTIVE IN THIS STATE FROM AT LEAST THREE TO AT LEAST TWO YEARS.
(R426, H. 4720 (Word version)) -- Rep. Harrison: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 26 SO AS TO ENACT THE UNIFORM ELECTRONIC TRANSACTIONS ACT, PROVIDING FOR DEFINITIONS, LEGAL EFFECT AND ENFORCEABILITY OF AN ELECTRONIC RECORD AND SIGNATURE, CHANGES OR ERRORS IN TRANSMISSION OF AN ELECTRONIC RECORD, COMPLIANCE OF AN ELECTRONIC RECORD OR SIGNATURE WITH OTHER LAWS AFFECTING VALIDITY OR RETENTION OR RECEIPT OF A RECORD OR SIGNATURE, USE OF ELECTRONIC RECORDS BY GOVERNMENTAL AGENCIES, PROMULGATION OF REGULATIONS BY THE BUDGET AND CONTROL BOARD TO ENHANCE THE UTILIZATION OF ELECTRONIC RECORDS AND SIGNATURES, DEVELOPMENT BY THE SECRETARY OF STATE OF MODEL PROCEDURES AND PROMULGATION OF REGULATIONS FOR SECURE ELECTRONIC TRANSACTIONS, INCLUDING LICENSING OF THIRD PARTIES, AND TO PROVIDE FOR THE USE OF THE ELECTRONIC POSTMARK TO PERFECT SERVICE OF PROCESS IN A MANNER PRESCRIBED BY THE STATE SUPREME COURT AND IN THE OPERATIONS OF STATE AGENCIES AS PRESCRIBED BY THE BUDGET AND CONTROL BOARD; TO MAKE THE COMPUTER CRIME ACT APPLICABLE TO THE UNIFORM ELECTRONIC TRANSACTIONS ACT; AND TO REPEAL CHAPTER 5 OF TITLE 26, THE SOUTH CAROLINA ELECTRONIC COMMERCE ACT.
(R427, H. 4735 (Word version)) -- Reps. Cato and McGee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-43-85 SO AS TO PROVIDE APPEARANCE, CONSTRUCTION, AND FOUNDATION STANDARDS FOR A MODULAR HOME CERTIFIED FOR PLACEMENT IN SOUTH CAROLINA AND TO PROVIDE FOR A VARIANCE; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX IN THIS STATE, SO AS TO PROVIDE AN EXEMPTION FOR FIFTY PERCENT OF THE GROSS PROCEEDS OF THE SALE OF A MODULAR HOME AND TO DEFINE "GROSS PROCEEDS OF SALE" FOR THIS PURPOSE; TO AMEND SECTION 12-36-2110, RELATING TO THE MAXIMUM SALES TAX, SO AS TO EXCLUDE MODULAR HOMES REGULATED IN CHAPTER 43 OF TITLE 23; AND TO AMEND SECTION 56-19-510, RELATING TO RETIREMENT OF A CERTIFICATE OF TITLE FOR A MANUFACTURED HOME AFFIXED TO REAL PROPERTY, SO AS TO PROVIDE FOR WRITTEN EVIDENCE OF COMPLIANCE WITH BUILDING AND SAFETY CODES.
(R428, H. 4740 (Word version)) -- Reps. Miller, Hayes, J.E. Smith, Altman, Anthony, Battle, Bowers, Branham, Ceips, Clark, Clemmons, Clyburn, Frye, Gourdine, Hagood, Harrison, Herbkersman, Whipper, M. Hines, Hinson, Hosey, Keegan, Leach, Littlejohn, Lloyd, Ott, Rhoad, Rice, Richardson, Scarborough, Snow, Stille, Taylor, Townsend, Vaughn, Whitmire, Witherspoon and Young: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-150 SO AS TO PROVIDE THAT MUNICIPAL AND COUNTY GOVERNING BODIES SHALL WORK WITH SCHOOL DISTRICTS LOCATED IN THEIR JURISDICTIONS TO IDENTIFY BARRIERS AND HAZARDS TO CHILDREN WALKING OR BICYCLING TO AND FROM SCHOOL, TO PROVIDE THAT THE MUNICIPALITIES, COUNTIES, AND DISTRICTS MAY DEVELOP A PLAN FOR THE FUNDING OF IMPROVEMENTS DESIGNED TO REDUCE THE BARRIERS AND HAZARDS IDENTIFIED, TO PROVIDE THAT ANY SCHOOL DISTRICT MAY FORM A COORDINATING COMMITTEE AND ANY SCHOOL MAY FORM A SAFE ROUTES TO SCHOOL TEAM TO PERFORM SPECIFIED FUNCTIONS IN REGARD TO SAFE PEDESTRIAN AND BICYCLE ROUTES TO SCHOOL, AND TO PROVIDE THAT THE FIRST WEDNESDAY OF OCTOBER OF EACH YEAR IS DESIGNATED AS "WALK OR BICYCLE WITH YOUR CHILD TO SCHOOL DAY" IN EACH SCHOOL DISTRICT OF THIS STATE; TO AMEND SECTION 59-26-20, AS AMENDED, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION, SO AS TO DEFINE "CRITICAL GEOGRAPHIC AREA" FOR PURPOSES OF LOAN FORGIVENESS AFTER JULY 1, 2004, OF LOANS UNDER THE TEACHER LOAN PROGRAM, AND TO FURTHER PROVIDE FOR OTHER MATTERS IN REGARD TO THIS LOAN FORGIVENESS; AND TO ADD SECTION 59-25-280 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION PERMANENTLY SHALL REVOKE, REFUSE TO ISSUE, OR RENEW A CERTIFICATE WITHOUT A HEARING, IF THE HOLDER OF OR APPLICANT FOR THE CERTIFICATE PLEADS GUILTY, PLEADS NOLO CONTENDERE, OR IS FOUND GUILTY OF CERTAIN CRIMES AND TO PROVIDE THAT A SCHOOL DISTRICT MAY NOT EMPLOY AN EDUCATOR IN ANY CAPACITY WHOSE SOUTH CAROLINA CERTIFICATE IS REVOKED AS PROVIDED ABOVE.
(R429, H. 4797 (Word version)) -- Rep. Townsend: AN ACT TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF BEGINNER'S PERMITS, SO AS TO PROVIDE THAT A STUDENT WHO IS AT LEAST FIFTEEN YEARS OF AGE ENROLLED IN A HIGH SCHOOL DRIVER'S TRAINING COURSE IS NOT REQUIRED TO OBTAIN A BEGINNER'S PERMIT TO OPERATE A MOTOR VEHICLE; AND TO REPEAL SECTION 56-5-6140 RELATING TO THE DEPARTMENT OF MOTOR VEHICLES PROVIDING A COPY OF MOVING VIOLATION CHARGES AGAINST A PERSON UNDER THE AGE OF EIGHTEEN TO THE OWNER OF THE VEHICLE USED DURING THE VIOLATION.
(R430, H. 4821 (Word version)) -- Reps. Hayes, Battle, G. Brown, J. Hines, Jennings, Keegan and Richardson: AN ACT TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS, BY, AMONG OTHER THINGS, PROVIDING THAT A BACHELOR OF ARTS OR BACHELOR OF SCIENCE DEGREE IS REQUIRED FOR LICENSURE, ESTABLISHING LICENSURE BY ENDORSEMENT, CLARIFYING THAT THERAPEUTICALLY-CERTIFIED OPTOMETRIC EDUCATION COURSES MAY BE TAKEN WHILE ATTENDING SCHOOL RATHER THAN AFTER GRADUATION, PROVIDING THAT BY SEPTEMBER 30, 2007, ALL LICENSED OPTOMETRISTS MUST BE LICENSED AS THERAPEUTICALLY-CERTIFIED OPTOMETRISTS, AND TO PROVIDE TRANSITION PROVISIONS; BY ADDING SECTION 40-13-255 SO AS TO PROVIDE FOR THE PRACTICE OF HAIR BRAIDING AND PROVIDE THAT ONLY INDIVIDUALS WHO ARE LICENSED TO PRACTICE COSMETOLOGY OR WHO ARE REGISTERED TO PRACTICE HAIR BRAIDING MAY ENGAGE IN THE PRACTICE OF OR PERFORM HAIR BRAIDING SERVICES; TO AMEND SECTION 40-13-20, AS AMENDED, RELATING TO DEFINITIONS RELATING TO COSMETOLOGY, SO AS TO DEFINE "HAIR BRAIDING"; AND BY ADDING ARTICLE 10, CHAPTER 47, TITLE 40 SO AS TO PROVIDE FOR THE REGISTERED CARDIOVASCULAR INVASIVE SPECIALISTS ACT, TO DEFINE CERTAIN TERMS, TO PROVIDE THE PROCEDURE A PERSON MUST FOLLOW TO BECOME A REGISTERED CARDIOVASCULAR INVASIVE SPECIALIST, TO PROVIDE THE SERVICES A CARDIOVASCULAR INVASIVE SPECIALIST MAY PERFORM, TO PROVIDE FOR THE DISCIPLINE OF A PERSON WHO HAS BECOME UNFIT TO PRACTICE OR WHO HAS VIOLATED THIS ARTICLE, TO PROVIDE CERTAIN THINGS THAT A CARDIOVASCULAR INVASIVE SPECIALIST MUST DO AND MAY NOT DO, AND TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL PROMULGATE REGULATIONS.
(R431, H. 4904 (Word version)) -- Rep. Walker: AN ACT TO AMEND SECTION 56-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME PERIOD FOR REGISTERING AND LICENSING A MOTOR VEHICLE, AND THE ISSUANCE OF TEMPORARY LICENSE PLATES, SO AS TO REVISE THE CONTENTS OF A TEMPORARY LICENSE PLATE AND PROVIDE WHEN A DEALER MAY NOT USE A TEMPORARY LICENSE PLATE; AND TO AMEND SECTION 56-3-2350, AS AMENDED, RELATING TO AN APPLICATION FOR A SPECIAL REGISTRATION FOR A BUSINESS OF LIMITED OPERATION OF MOTOR VEHICLES TO FACILITATE THE MOVEMENT OF CERTAIN VEHICLES, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO A PERSON ENGAGED IN THE BUSINESS OF LIMITED OPERATION OF MOTOR VEHICLES TO FACILITATE THE MOVEMENT OF VEHICLES FROM A RAILROAD TERMINAL YARD TO A TEMPORARY STORAGE FACILITY PRIOR TO DELIVERY TO A DEALER.
(R432, H. 4968 (Word version)) -- Reps. Limehouse, Harrell, J.E. Smith, Cato, Ceips, Clyburn, Edge, Herbkersman, Hinson, Lourie, Neilson, Cobb-Hunter, Lloyd, Gourdine, J.H. Neal, Parks and Bowers: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 TO TITLE 12 SO AS TO ENACT THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, PROVIDING FOR NEW TAX INCENTIVES FOR MOTION PICTURE PRODUCTION COMPANIES SPENDING MONIES IN SOUTH CAROLINA, SPECIFICALLY, RELIEF FROM THE SALES AND USE TAX, AN EMPLOYMENT TAX REBATE, AND A SEVEN PERCENT REBATE OF THE COST OF GOODS AND SERVICES, AS WELL AS ASSISTANCE AND CONVENIENCE IN LOCATING, AND NEGOTIATING RATES FOR THE USE OF, PUBLIC PROPERTY AS FILMING LOCATIONS, AUTHORIZATION OF THE FORMATION OF A SOUTH CAROLINA FILM FOUNDATION TO SOLICIT DONATIONS FOR THE RECRUITMENT OF MOTION PICTURE PRODUCTIONS TO THIS STATE, AND FUNDING FROM A PORTION OF THE ADMISSIONS TAX COLLECTED BY THE STATE TO SUPPORT THE FUNCTIONS OF THE SOUTH CAROLINA FILM COMMISSION IN THESE EFFORTS AND TO PROVIDE FOR PROMOTION OF COLLABORATIVE EFFORTS BETWEEN STATE INSTITUTIONS OF HIGHER LEARNING AND MOTION PICTURE RELATED ENTITIES; TO AMEND ARTICLE 25, CHAPTER 6 OF TITLE 12, RELATING TO SOUTH CAROLINA INCOME TAX CREDITS, BY ADDING SECTION 12-6-3560 SO AS TO PROVIDE FOR A CREDIT AGAINST THE STATE INCOME TAX TO ENCOURAGE THE PRODUCTION OF TELEVISED COMMERCIAL ADVERTISEMENTS IN THIS STATE, AND BY ADDING SECTION 12-6-3570 SO AS TO PROVIDE FOR CREDITS AGAINST THE STATE INCOME TAX FOR A PORTION OF THE TAXPAYER'S CASH INVESTMENT IN A COMPANY THAT PRODUCES A MOTION PICTURE PROJECT OR IN A COMPANY THAT CONSTRUCTS, CONVERTS, AND EQUIPS A MOTION PICTURE PRODUCTION OR POST-PRODUCTION FACILITY IN THIS STATE; TO AMEND SECTION 12-36-920, RELATING TO THE ACCOMMODATIONS TAX, SO AS TO PROVIDE RELIEF FROM THE PAYMENT OF THE TAX BY A MOTION PICTURE PRODUCTION COMPANY PRODUCING A MOTION PICTURE IN SOUTH CAROLINA; TO AMEND SECTION 1-30-25, AS AMENDED, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO SUBSTITUTE "SOUTH CAROLINA FILM COMMISSION" FOR "SOUTH CAROLINA FILM OFFICE" AND TO FURTHER DEFINE THE COMMISSION'S OBJECTIVES; AND TO REPEAL SECTION 12-6-3510, RELATING TO CREDITS AGAINST THE STATE'S INCOME TAX FOR INVESTMENTS IN QUALIFYING MOTION PICTURE PROJECTS.
(R433, H. 4996 (Word version)) -- Reps. Bowers and Rhoad: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-16-25 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO RELEASE A MEMBER OF THE SUIDAE (PIG) FAMILY FOR HUNTING PURPOSES OR IN AN ATTEMPT TO ESTABLISH OR SUPPLEMENT A FREE ROAMING POPULATION AND TO PROVIDE FOR EXCEPTIONS.
(R434, H. 5002 (Word version)) -- Reps. Cato and Tripp: AN ACT TO AMEND SECTION 38-43-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A PRODUCER'S LICENSE, SO AS TO AUTHORIZE THE DIRECTOR OF INSURANCE TO WAIVE THE EXAM BY EXPANDING THE EXEMPTION TO INCLUDE THOSE WHO HAVE A BACHELOR'S DEGREE IN INSURANCE IF APPLYING FIVE YEARS WITHIN AN APPLICATION FOR LICENSURE AND EXPANDS THE EXEMPTION IF THE APPLICANT HAS CERTAIN DESIGNATIONS FOR BOTH PROPERTY AND CASUALTY AND LIFE INSURANCE, TO OFFER LICENSE EXAMS ELECTRONICALLY AS WELL AS WRITTEN, AND TO AUTHORIZE THE DEPARTMENT TO PURSUE ACTION AGAINST AN APPLICANT OR INSURER'S REPRESENTATIVE FOR FALSE INFORMATION PROVIDED ON AN APPLICATION; TO AMEND SECTION 38-43-101, RELATING TO LICENSING AN INSURANCE PRODUCER WHO WAS PREVIOUSLY LICENSED FOR THE SAME LINES OF INSURANCE IN ANOTHER STATE, SO AS TO AUTHORIZE THE DEPARTMENT TO PURSUE ACTION AGAINST AN APPLICANT OR INSURER'S REPRESENTATIVE FOR PROVIDING FALSE INFORMATION ON AN APPLICATION; TO AMEND SECTION 38-43-105, AS AMENDED, RELATING TO EDUCATIONAL REQUIREMENTS FOR LOCAL AND GENERAL PRODUCERS, SO AS TO STRENGTHEN THE EDUCATIONAL REQUIREMENTS AND DELETE THE REQUIREMENT THAT A COURSE EXAMINATION BE MONITORED BY A PROCTOR; TO AMEND SECTION 38-43-106, AS AMENDED, RELATING TO CONTINUING EDUCATION REQUIREMENTS OF AN APPLICANT OR PRODUCER LICENSED TO SELL PROPERTY AND CASUALTY INSURANCE OR LIFE, ACCIDENT, AND HEALTH INSURANCE, SO AS TO ALLOW THE DEPARTMENT TO BE RECIPROCAL WITH OTHER STATES WITH REGARD TO CONTINUING EDUCATIONAL REQUIREMENTS AND AUTHORIZE THE DIRECTOR TO APPOINT AS MANY REPRESENTATIVES AS NECESSARY TO PERFORM THE RESPONSIBILITIES OF THE ADVISORY BOARD; TO AMEND SECTION 38-43-107, AS AMENDED, RELATING TO THE ADDRESS SUPPLIED BY AN INSURANCE PRODUCER WHEN APPLYING FOR A LICENSE, SO AS TO REQUIRE THE BUSINESS, MAILING, AND RESIDENCE ADDRESSES; TO AMEND SECTION 38-43-200, AS AMENDED, RELATING TO THE PROHIBITION ON SPLITTING COMMISSIONS WITH AN UNLICENSED PERSON BY A LICENSED PRODUCER, SO AS TO DELETE A PROVISION WHICH ALLOWS FEE SPLITTING; TO AMEND SECTION 38-44-20, RELATING TO DEFINITIONS USED IN THE MANAGING GENERAL AGENTS ACT, SO AS TO CLARIFY THE DEFINITION OF A "MANAGING GENERAL AGENT"; TO AMEND SECTION 38-45-20, AS AMENDED, RELATING TO THE REQUIREMENTS FOR A RESIDENT TO BE LICENSED AS AN INSURANCE AGENT, SO AS TO CLARIFY WHAT CONSTITUTES THE LIFE SPAN OF A CERTIFICATE OF COURSE COMPLETION WITH RESPECT TO A BROKER LICENSE; TO AMEND SECTION 38-77-155, RELATING TO THE DISTRIBUTION OF MONIES FROM THE UNINSURED MOTORIST'S FUND BY THE DIRECTOR OF INSURANCE, SO AS TO ALLOW THE DIRECTOR TO DISTRIBUTE MONIES BASED ON DATA FROM THE INSURER'S ANNUAL STATEMENT INFORMATION FILED WITH THE DEPARTMENT; BY ADDING SECTION 38-90-35 SO AS TO PROVIDE FOR CONFIDENTIALITY OF INFORMATION SUBMITTED BY A CAPTIVE INSURANCE COMPANY PURSUANT TO THE PROVISIONS OF CHAPTER 90, TITLE 38 AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 38-87-30, RELATING TO CHARTERING RISK RETENTION GROUPS, SO AS TO REQUIRE A CAPTIVE INSURANCE COMPANY TO COMPLY WITH THESE PROVISIONS; TO AMEND SECTION 38-90-10, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH A CAPTIVE INSURANCE COMPANY, SO AS TO EXPAND THE DEFINITION OF "ASSOCIATION" TO INCLUDE POLITICAL SUBDIVISIONS, TO CHANGE THE DEFINITIONS OF "INDUSTRIAL INSURED GROUP" AND "PARENT"; TO AMEND SECTION 38-90-20, AS AMENDED, RELATING TO LICENSING A CAPTIVE INSURANCE COMPANY BY THE DIRECTOR OF INSURANCE, SO AS TO AUTHORIZE A NONPROFIT CORPORATION TO BE LICENSED AND PROVIDE CONSISTENCY WITH THE PROVISIONS OF SECTION 38-90-35 REGARDING CONFIDENTIAL MATERIALS, AND PROVIDE A PROCEDURE BY WHICH A FOREIGN OR ALIEN CAPTIVE INSURANCE COMPANY MAY BECOME A DOMESTIC CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 38-90-25, RELATING TO THE AUTHORITY OF A CAPTIVE INSURANCE COMPANY TO WRITE REINSURANCE COVERING PROPERTY AND CASUALTY INSURANCE OR REINSURANCE CONTRACTS, SO AS TO PROVIDE CONSISTENCY WITH THE PROVISIONS OF SECTION 38-90-35 REGARDING CONFIDENTIAL MATERIALS; TO AMEND SECTION 38-90-40, AS AMENDED, RELATING TO THE LICENSING OF A CAPTIVE INSURANCE COMPANY BY THE DIRECTOR OF INSURANCE BASED ON THE CAPITALIZATION OF THE COMPANY, SO AS TO PROVIDE CAPITALIZATION REQUIREMENTS FOR LICENSING A NONPROFIT CORPORATION AS A CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 38-90-50, AS AMENDED, RELATING TO LICENSING A CAPTIVE INSURANCE COMPANY BASED ON CERTAIN MINIMUM AMOUNTS OF FREE SURPLUS, SO AS TO CHANGE THE REQUIREMENTS FOR A SPONSORED CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 38-90-60, AS AMENDED, RELATING TO INCORPORATION OPTIONS AND REQUIREMENTS OF CERTAIN CAPTIVE INSURANCE COMPANIES, SO AS TO ADD AN ADDITIONAL OPTION FOR A NONPROFIT COMPANY; TO AMEND SECTION 38-90-70, AS AMENDED, RELATING TO FILING REPORTS BY A CAPTIVE INSURANCE COMPANY, SO AS TO MAKE CERTAIN INFORMATION SUBMITTED IN A REPORT CONFIDENTIAL; TO AMEND SECTION 38-90-80, RELATING TO THE INSPECTION AND EXAMINATION OF A CAPTIVE INSURANCE COMPANY BY THE DIRECTOR OF INSURANCE, SO AS TO PROVIDE THAT CERTAIN CONFIDENTIALITY PROVISIONS DO NOT APPLY TO THE DIRECTOR IN MAKING FINAL REPORTS; TO AMEND SECTION 38-90-140, AS AMENDED, RELATING TO THE TAXATION OF A CAPTIVE INSURANCE COMPANY, SO AS TO CHANGE THE DEFINITION OF "COMMON OWNERSHIP AND CONTROL" TO INCLUDE NONPROFIT CORPORATIONS; TO AMEND SECTION 38-90-180, AS AMENDED, RELATING TO THE APPLICABILITY OF THE PROVISIONS OF CHAPTERS 26 AND 27, TITLE 38, TO INSURANCE REORGANIZATIONS, RECEIVERSHIPS, AND INJUNCTIONS TO CAPTIVE INSURANCE COMPANIES, SO AS TO MAKE THE TERMS AND CONDITIONS APPLY TO TITLE 38 INSTEAD OF CHAPTERS 26 AND 27, TITLE 38; BY ADDING CHAPTER 90 TO TITLE 38 SO AS TO PROVIDE FOR THE CREATION OF A SPECIAL PURPOSE FINANCIAL CAPTIVE (SPFC) EXCLUSIVELY TO FACILITATE THE SECURITIZATION OF ONE OR MORE RISKS, AS A MEANS OF ACCESSING SOURCES OF CAPITAL AND ACHIEVING THE BENEFITS OF SECURITIZATION, TO PROVIDE FOR DEFINITIONS, TO PROVIDE THAT NO PROVISION OF THE CODE, OTHER THAN THOSE SPECIFICALLY REFERENCED IN THIS ARTICLE APPLIES TO A SPFC AND AUTHORIZES THE DIRECTOR TO EXEMPT A CERTAIN SPFC THAT HE DETERMINES TO BE INAPPROPRIATE GIVEN THE NATURE OF THE RISKS TO BE INSURED, TO REQUIRE CERTAIN INFORMATION BE FURNISHED THE DIRECTOR WHEN A SPFC APPLIES FOR A LICENSE, TO REQUIRE SPECIFIC LICENSING REQUIREMENTS, TO ESTABLISH CERTAIN INCORPORATION REQUIREMENTS OF A SPFC, TO ESTABLISH CERTAIN MINIMUM CAPITALIZATION REQUIREMENTS, TO PROVIDE THAT A SPFC MAY ISSUE ONLY THE RISKS OF A COUNTERPARTY, AUTHORIZES A SPFC TO CEDE RISKS OF A COUNTERPARTY TO A THIRD PARTY WITH THE APPROVAL OF THE DIRECTOR, TO AUTHORIZE A SPFC TO ENTER INTO CONTRACTS NECESSARY TO FULFILL THE PURPOSES OF A SPFC CONTRACT INSURANCE SECURITIZATION AND THIS ARTICLE, TO AUTHORIZE A SPFC TO DISCOUNT RESERVES AS APPROVED BY THE DIRECTOR AND REQUIRE THE SPFC TO FILE AN ANNUAL ACTUARIAL REPORT, TO AUTHORIZE A SPFC TO ESTABLISH AND MAINTAIN ONE OR MORE PROTECTED CELLS TO INSURE OR REINSURE RISKS OF ONE OR MORE SPFC CONTRACTS WITH A COUNTERPARTY UNDER CERTAIN CONDITIONS, TO AUTHORIZE A SPFC TO ISSUE SECURITIES, INCLUDING CERTAIN NOTES, AND TO MAKE PAYMENTS ON THE SECURITIES SUBJECT TO THE PRIOR APPROVAL OF THE DIRECTOR, TO AUTHORIZE A SPFC TO ENTER INTO SWAP AND ASSET MANAGEMENT AGREEMENTS, TO AUTHORIZE SPFC, SUBJECT TO CERTAIN RESTRICTIONS, TO ENTER INTO BOTH SPFC CONTRACTS AND ANCILLARY AGREEMENTS, ESTABLISHES REQUIREMENTS THAT MUST BE MET BY A SPFC IN FULFILLING ITS OBLIGATIONS UNDER THE SPFC CONTRACT, TO ESTABLISH CERTAIN SPECIFIC REQUIREMENTS OF TRUSTS AND TRUST ASSETS OF A SPFC, TO RESTRICT THE PAYMENT OF DIVIDENDS BY A SPFC TO ONLY THOSE WITHIN THE TERMS OF THE SECURITIZATION TRANSACTION AGREEMENTS, TO ESTABLISH REPORTING REQUIREMENTS OF SPFC, INCLUDING A MATERIAL CHANGE IN THE BUSINESS PLAN TO THE DIRECTOR, TO REQUIRE THAT A SPFC FILE A CPA AUDITED FINANCIAL STATEMENT, TO REQUIRE THE DIRECTOR TO EXAMINE THE SPFC AT LEAST ONCE EVERY THREE YEARS AND PROVIDE A PROCEDURE FOR THE THREE-YEAR PERIOD TO BE EXPANDED TO FIVE YEARS UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT THE AUTHORITY OF A SPFC EXPIRES AT THE TERMINATION OR CANCELLATION OF A SPFC CONTRACT, TO PROVIDE THE DIRECTOR MAY SUSPEND OR REVOKE A LICENSE FOR CERTAIN REASONS, TO PROVIDE FOR THE PAYMENT OF CERTAIN PREMIUM TAXES BY A SPFC, TO PROVIDE THAT A SPFC BE GRANTED CREDIT FOR REINSURANCE TO THE EXTENT OF FAIR MARKET VALUE OF ASSETS HELD IN TRUST OR OTHERWISE PROPERLY SECURED, TO PROVIDE FOR THE GROUNDS UNDER WHICH THE DIRECTOR MAY APPLY FOR AN ORDER TO CONSERVE, REHABILITATE, OR LIQUIDATE A DOMESTIC SPFC, INCLUDING EMBEZZLEMENT OR IF THE SPFC IS INSOLVENT, TO PROVIDE THAT, GENERALLY, INFORMATION SUBMITTED PURSUANT TO THE PROVISIONS OF THIS ARTICLE IS CONFIDENTIAL AND TO PROVIDE EXCEPTIONS, TO PROVIDE FOR THE GOVERNANCE OF APPLICABLE CIVIL LAW WHEN A CONTESTED CASE BASED ON A DECISION OF THE DIRECTOR BROUGHT BY A THIRD PARTY, TO PROVIDE THAT THE DIRECTOR MAY PROMULGATE REGULATIONS NECESSARY TO EFFECTUATE THE PURPOSES OF THIS ARTICLE, AND TO PROVIDE THAT NOTHING IN ARTICLE 3, CHAPTER 90, TITLE 38 WITH RESPECT TO A SPFC SHALL ABROGATE, LIMIT, OR RESCIND THE AUTHORITY OF THE ATTORNEY GENERAL PURSUANT TO THE PROVISIONS OF TITLE 35; AND TO REPEAL SECTION 38-90-170 RELATING TO APPLICABILITY OF THE TERMS AND CONDITIONS OF TITLE 38 TO INSURANCE REORGANIZATIONS, RECEIVERSHIPS, AND INJUNCTIONS TO CAPTIVE INSURANCE COMPANIES FORMED UNDER CHAPTER 90, TITLE 38.
(R435, H. 5061 (Word version)) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER QUALITY CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2871, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R436, H. 5085 (Word version)) -- Reps. Cotty, Bales, Battle, Chellis, Frye, Herbkersman, Littlejohn, G.R. Smith and Snow: AN ACT TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A RESIDENT FULL-YEAR INDIVIDUAL TAXPAYER TO DEDUCT FROM SOUTH CAROLINA TAXABLE INCOME AN AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS OF UNREIMBURSED EXPENSES INCURRED BY THE TAXPAYER IN THE DONATION, WHILE LIVING, OF ONE OR MORE OF THE TAXPAYER'S ORGANS TO ANOTHER HUMAN BEING FOR HUMAN ORGAN TRANSPLANTATION AND TO PROVIDE DEFINITIONS AND THOSE EXPENSES THAT QUALIFY FOR THE DEDUCTION, BY ADDING SECTION 12-21-1085 SO AS TO PROVIDE FOR THOSE TAXES AND LICENSES ALLOWED ON BEER AND WINE, AND BY ADDING SECTION 12-6-3555 SO AS TO ALLOW A TAX CREDIT EQUAL TO ONE THOUSAND DOLLARS WHICH MAY BE CLAIMED ON A DECEDENT'S FINAL INCOME TAX RETURN, OR ESTATE INCOME TAX RETURN, OR ESTATE TAX RETURN IF THE DECEDENT WAS A RESIDENT OF THIS STATE AT THE TIME OF DEATH AND THE DECEDENT'S ORGANS OR TISSUES WERE REMOVED FOR TRANSPLANT.
(R437, H. 5094 (Word version)) -- Rep. Edge: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1555 SO AS TO ALLOW AN AIRLINE COMPANY TO PURCHASE BEER, WINE, AND ALCOHOLIC LIQUOR DIRECTLY FROM A LICENSED WHOLESALER, TO PROVIDE THAT THE WHOLESALER MAY SELL AND DELIVER THE BEER, WINE, AND ALCOHOLIC LIQUOR TO AN AIRLINE COMPANY, AND TO PROVIDE A PENALTY IF A PERSON USES BEER, WINE, OR ALCOHOLIC LIQUOR PURCHASED PURSUANT TO THIS SECTION FOR ANOTHER PURPOSE OTHER THAN THE SALE OR USE BY THE AIRLINE COMPANY; AND TO AMEND SECTIONS 61-4-720 AND 61-4-730, BOTH AS AMENDED, RELATING TO TASTING AND SALES OF WINE BY A WINERY LICENSED IN THIS STATE, SO AS TO FURTHER DEFINE "WINE" FOR PURPOSES OF THESE SECTIONS TO INCLUDE WINE PRODUCED ON THE PREMISES WITH A MAJORITY OF THE JUICE FROM FRUIT AND BERRIES WHICH ARE GROWN IN THIS STATE.
(R438, H. 5257 (Word version)) -- Rep. Stille: AN ACT TO AMEND ACT 1675 OF 1972, AS AMENDED, RELATING TO THE DONALDS-DUE WEST WATER AND SEWER AUTHORITY, SO AS TO ADD TWO MEMBERS TO THE AUTHORITY APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF THE ABBEVILLE COUNTY LEGISLATIVE DELEGATION, TO ADD AND DEFINE THE EXTENDED SERVICE AREA OF THE AUTHORITY FROM WHICH THESE TWO NEW MEMBERS SHALL RESIDE, AND TO MAKE CONFORMING AMENDMENTS.
(R439, H. 5333 (Word version)) -- Reps. J.E. Smith and Harrell: A JOINT RESOLUTION PROVIDING UP TO AN ADDITIONAL THIRTY DAYS MILITARY LEAVE IN SUBSEQUENT YEARS FOR A STATE EMPLOYEE CALLED TO ACTIVE DUTY AS A RESULT OF "OPERATION ENDURING FREEDOM" OR "OPERATION NOBLE EAGLE", OR WHO SERVES IN A UNIT FEDERALIZED FOR DUTY IN CONNECTION WITH POTENTIAL OR ACTUAL HOSTILITIES IN IRAQ, OR ANY COMBINATION OF THESE DUTIES, WHEN THE EMERGENCY GIVING RISE TO THE EMERGENCY EXTENDS INTO A SUBSEQUENT YEAR.
(R440, H. 5358 (Word version)) -- Reps. Bailey, Chellis, Harrell and Young: AN ACT TO AMEND ACT 1627 OF 1972, RELATING TO THE DORCHESTER COUNTY VOCATIONAL EDUCATION BOARD OF TRUSTEES, SO AS TO REVISE THE APPOINTMENT OF THE SEVEN MEMBERS OF THE BOARD.
The SPEAKER appointed Reps. STILLE, FREEMAN and KEEGAN of a committee to notify the Governor that the House had completed their work and was ready to adjourn Sine Die.
The SPEAKER appointed Reps. LOURIE, GILHAM and RICHARDSON of a committee to notify the Senate that the House had completed their work and was ready to adjourn Sine Die.
At 6:00 p.m. the House, in accordance with the motion of Rep. PERRY, adjourned Sine Die in memory of James Brinkley of New Ellenton.
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