Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Psalm 57:2: "I cry out to God most High, to God who fulfills His purpose for me."
Let us pray. Mighty God, look in favor upon this body. Inspire them to wisdom and integrity in fulfilling the duty presented to them as they serve the people of this State. Bless those who govern and serve our State and Nation. Give protection to our defenders of freedom. Hear our prayer, Lord of heaven and earth. 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 Friday, the SPEAKER ordered it confirmed.
Rep. SNOW moved that when the House adjourns, it adjourn in memory of Mrs. Anna Schaefer, mother of Representative Clark, which was agreed to.
The following was received:
April 2, 2004
Mr. Speaker and Members of the House of Representatives:
I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is therefore, submitted for your consideration.
State Ethics Commission
Term Commencing: June 30, 2003
Term Expiring: June 30, 2008
Seat: 6th Congressional District
Vice: Mary T. Williams
Initial Appointment
Ms. Priscilla L. Tanner
P.O. Box 85
Johnsonville, South Carolina 29555
843-386-2152
Respectfully,
Mark Sanford
Governor
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The following were received and referred to the appropriate committees for consideration:
Document No. 2904
Agency: Commission on Higher Education
Statutory Authority: 1976 Code Section 2-77-20
Higher Education Excellence Enhancement Program
Received by Speaker of the House of Representatives
April 7, 2004
Referred to Education and Public Works Committee
Legislative Review Expiration August 5, 2004 (Subject to Sine Die Revision)
Document No. 2905
Agency: Department of Insurance
Statutory Authority: 1976 Code Sections 38-3-110; 38-9-200; 1-23-10 et seq.
Credit for Reinsurance
Received by Speaker of the House of Representatives
Document No. 2882
Agency: Department of Consumer Affairs
Statutory Authority: 1976 Code Section 37-17-10(F)
Prescription Drug Discount Cards
Received by Speaker of the House of Representatives
February 3, 2004
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration June 2, 2004
Withdrawn and Resubmitted April 12, 2004
Document No. 2874
Agency: Commission for Minority Affairs
Statutory Authority: 1976 Code Section 1-31-40(A)(7)(10)
State Recognition of Native American Indian Entities, Advisory Committees
Received by Speaker of the House of Representatives
February 5, 2004
Referred to Judiciary Committee
Legislative Review Expiration June 4, 2004
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 4819 (Word version) -- Reps. Govan, Townsend, G. Brown, Clyburn, McLeod, Weeks, Whipper, Moody-Lawrence, Lee, Mack, J. E. Smith, Allen, Branham, Breeland, J. Brown, R. Brown, Clark, Clemmons, Cobb-Hunter, Emory, Gourdine, J. Hines, M. Hines, Hosey, Howard, Littlejohn, Lloyd, Loftis, Mahaffey, J. H. Neal, Parks, Rivers, Rutherford, Scott, Sinclair, F. N. Smith, Snow, Taylor and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 59-29-10 THROUGH 59-29-220 AS ARTICLE 1, GENERAL PROVISIONS, OF CHAPTER 29, TITLE 59; BY ADDING ARTICLE 3 TO CHAPTER 29, TITLE 59 SO AS TO ENACT THE FINANCIAL LITERACY INSTRUCTION
The following was introduced:
H. 5087 (Word version) -- Rep. Clark: A CONCURRENT RESOLUTION TO COMMEND DR. CELESTE HIOTT SPRINGER FOR HER DEDICATION AS A SOUTH CAROLINA WIFE, MOTHER, AND PROFESSIONAL, TO THANK HER FOR HER WORK IN NUMEROUS COMMUNITY PROJECTS, AND TO CONGRATULATE HER ON BEING CHOSEN MRS. SOUTH CAROLINA AMERICA 2003.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 5088 (Word version) -- Rep. Anthony: A BILL TO AMEND SECTION 23-35-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE AND STORAGE OF CLASS "B" FIREWORKS USED FOR DISPLAY OR AGRICULTURAL PURPOSES, SO AS TO PROVIDE THAT DISPLAY OF CLASS "B" FIREWORKS RETURNED TO A WHOLESALER MUST BE RETURNED IN THE SAME MANNER THEY WERE SOLD, ISSUED, OR SHIPPED, INCLUDING ANY PROTECTIVE DEVICE ATTACHED TO THE FUSE OR FUSES.
Referred to Committee on Labor, Commerce and Industry
H. 5093 (Word version) -- Rep. Edge: A BILL TO AMEND SECTION 44-79-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE PHYSICAL FITNESS SERVICES ACT,
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 asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. SCOTT objected.
Referred to Committee on Judiciary
H. 5095 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO SPECIFIC INFORMATION SERVICE SIGNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2883, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 5100 (Word version) -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-36 SO AS TO MAKE IT AN UNFAIR TRADE PRACTICE FOR A MOTOR VEHICLE REPAIR BUSINESS TO ADMINISTER INSURANCE CLAIMS FOR MOTOR VEHICLE REPAIRS.
Referred to Committee on Labor, Commerce and Industry
H. 5101 (Word version) -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-117 SO AS TO PROVIDE A DEFINITION FOR THE TERM "LOW SPEED VEHICLES", TO PROVIDE THAT THESE
H. 5102 (Word version) -- Rep. Cato: A BILL 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 AMONG OTHER THINGS TO PROVIDE FOR LICENSURE AND RENEWAL FEES FOR ORIGINATORS, TO REQUIRE REGISTRATION OF EXEMPT PERSONS OR ORGANIZATIONS, TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS AND TO PERMIT A BORROWER TO RECOVER CERTAIN MONETARY DAMAGES IF A MORTGAGE BROKER OR ORIGINATOR VIOLATES SPECIFIED PROVISIONS OF THIS CHAPTER.
Referred to Committee on Labor, Commerce and Industry
H. 5103 (Word version) -- Rep. Leach: A BILL TO AMEND SECTION 42-1-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION, SO AS TO CHANGE THE DEFINITION TO DEFINE "DIVISION" AS THE "SOUTH CAROLINA WORKERS' COMPENSATION DIVISION" AND DEFINE "DEPARTMENT" AS THE "SOUTH CAROLINA DEPARTMENT OF INSURANCE"; TO AMEND CHAPTER 3, TITLE 42, RELATING TO THE INDUSTRIAL COMMISSION, SO AS TO CHANGE THE NAME TO THE SOUTH CAROLINA WORKERS' COMPENSATION DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE AND TO MAKE CORRESPONDING CHANGES IN OTHER PROVISIONS NECESSARY TO BE CONSISTENT WITH THIS CHANGE; TO AMEND CHAPTER 5, TITLE 42, RELATING TO INSURANCE AND SELF-INSURANCE UNDER THE PROVISIONS OF TITLE 42, SO AS TO MAKE CHANGES IN PROVISIONS CONSISTENT
H. 5104 (Word version) -- Rep. Sandifer: A BILL TO AMEND SECTION 44-55-1330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSTALLATION REQUIREMENTS OF THE PASSIVE SOIL-BASED ON-SITE DISPOSAL SYSTEM, SO AS TO PROVIDE FOR ALL SYSTEMS INSTALLED AFTER JUNE 2, 2004, THE STORAGE CAPACITY OF THE SYSTEM BELOW THE INVERT MUST BE AT LEAST THAT AVAILABLE IN A CONVENTIONAL GRAVEL SYSTEM BELOW THE INVERT AND TO PROVIDE THAT THE STORAGE CAPACITY IS DETERMINED BY ACTUAL MEASUREMENTS OF THE FIELD INSTALLED PRODUCT IN A REPORT TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM A PUBLIC OR INDEPENDENT FOUR-YEAR INSTITUTION ACCREDITED BY
S. 38 (Word version) -- Senator Knotts: A BILL TO AMEND SECTION 44-56-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ENFORCE THE PROVISIONS OF THE FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPREHENSION AND LIABILITY ACT OF 1980, SO AS TO ADOPT THE FEDERAL EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW ACT OF 1986 AS THE LAW OF THIS STATE AND TO REQUIRE AN OWNER OF A FACILITY RECEIVING CERTAIN HAZARDOUS CHEMICALS TO PROVIDE MATERIAL SAFETY DATA SHEETS TO THE DEPARTMENT WITHIN THREE BUSINESS DAYS AFTER RECEIVING THESE CHEMICALS IF NO SUCH SHEETS HAVE BEEN PREVIOUSLY REPORTED.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 99 (Word version) -- Senators Mescher and Ravenel: A BILL TO AMEND SECTION 58-31-20 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE AUTHORITY BOARD OF DIRECTORS, SO AS TO PROVIDE THAT MEMBERS OF THE BOARD OF THE AUTHORITY APPOINTED FROM HORRY, BERKELEY, AND GEORGETOWN COUNTIES MUST BE CUSTOMERS OF THE AUTHORITY AND RESIDE IN AUTHORITY TERRITORY AND TO MAKE CERTAIN TECHNICAL CHANGES.
Referred to Committee on Labor, Commerce and Industry
S. 668 (Word version) -- Senator Ritchie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-5-15, SO AS TO AUTHORIZE A BANK OR SAVINGS AND LOAN ASSOCIATION, UPON DEPOSIT OF FUNDS BY A MUNICIPALITY, COUNTY, SCHOOL DISTRICT, OTHER LOCAL GOVERNMENT UNIT OR POLITICAL SUBDIVISION, OR A COUNTY TREASURER, TO SECURE THE DEPOSITS BY DEPOSIT INSURANCE, SURETY BONDS, COLLATERAL
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.
Referred to Committee on Labor, Commerce and Industry
S. 774 (Word version) -- Senators McConnell, Martin and Giese: A BILL TO AMEND SECTION 15-51-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WHOM DAMAGES ARE PAYABLE IN WRONGFUL DEATH CASES, SO AS TO CLARIFY A CODE CITATION AND TO PROVIDE THAT A PARENT'S SHARE OF THE PROCEEDS MAY BE DENIED OR LIMITED WHEN THE PARENT DID NOT PAY CHILD SUPPORT OR DID NOT OTHERWISE PROVIDE FOR THE NEEDS OF THE DECEDENT DURING HIS OR HER MINORITY.
Referred to Committee on Judiciary
S. 900 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 7-15-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS TO VOTE AN ABSENTEE BALLOT, SO AS TO PROVIDE THAT PURSUANT TO SECTION 704 OF THE HELP AMERICA VOTE ACT, FEDERAL POST CARD APPLICATIONS MAY BE USED BY OVERSEAS AND MILITARY UNITED STATES CITIZENS FOR THE NEXT TWO REGULARLY SCHEDULED GENERAL ELECTIONS OCCURRING FROM THE DATE OF SUBMISSION OF THE APPLICATION.
Referred to Committee on Judiciary
S. 907 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 15-49-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS OF A PETITIONER SEEKING A NAME CHANGE, SO AS TO PROVIDE THAT A PETITIONER REQUESTING A NAME CHANGE MUST SIGN AN AFFIDAVIT STATING HE HAS NEVER BEEN CONVICTED OF A CRIME UNDER A DIFFERENT NAME OTHER THAN THE NAME
S. 985 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 23-3-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTIFICATION OF THE SHERIFF AND SLED OF THE RELEASE OF A PERSON LISTED ON THE SEX OFFENDER REGISTRY, SO AS TO ADD THAT LOCAL LAW ENFORCEMENT ALSO MUST BE NOTIFIED OF THE RELEASE.
Referred to Committee on Judiciary
S. 1062 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, PILOTAGE COMMISSION, RELATING TO PILOT AND APPRENTICE AGE LIMITATIONS AND PILOT REGISTRATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2886, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry
S. 1063 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, MANUFACTURED HOUSING BOARD, RELATING TO DEFINITIONS, LICENSE, FINANCIAL RESPONSIBILITY, RETAIL DEALER, INSTALLERS, TRAINING, EXAMINATIONS, COMPLAINTS AND HEARINGS, MANUFACTURED HOME INSTALLATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2890, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry
S. 1064 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO CONTINUED COMPETENCY, DESIGNATED AS REGULATION
S. 1070 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-165 SO AS TO DESIGNATE THE FIRST WEEK IN JUNE OF EACH YEAR AS SOUTH CAROLINA STATE GUARD WEEK IN SOUTH CAROLINA.
Referred to Committee on Judiciary
S. 1082 (Word version) -- Senator Cromer: A JOINT RESOLUTION TO PROVIDE THAT THE BOARDS OF TRUSTEES OF THE NEWBERRY AND SALUDA COUNTY SCHOOL DISTRICTS FOR SCHOOL YEAR 2003-2004 ARE AUTHORIZED TO FORGIVE UP TO THREE SCHOOL DAYS MISSED BY ANY SCHOOL OF THE DISTRICTS BECAUSE OF SNOW, ICE, OR EXTREME WEATHER CONDITIONS.
On motion of Rep. MCLEOD, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 1085 (Word version) -- Senator Thomas: A JOINT RESOLUTION TO PROVIDE THAT THE COMMISSION ON INDIGENT DEFENSE MAY TRANSFER UNSPENT FUNDS FROM CARRY-FORWARD MONEYS FROM THE LAST FISCAL YEAR TO THE OFFICE OF APPELLATE DEFENSE TO HELP OFFSET THAT AGENCY'S BUDGET REDUCTIONS.
Referred to Committee on Ways and Means
S. 1091 (Word version) -- Senator Hayes: A JOINT RESOLUTION TO PROVIDE THAT THE BOARD OF TRUSTEES OF FORT MILL SCHOOL DISTRICT NO. 4 FOR SCHOOL YEAR 2003-2004 IS AUTHORIZED TO FORGIVE UP TO THREE SCHOOL DAYS MISSED BY ANY SCHOOL OF THE DISTRICT BECAUSE OF SNOW, ICE, OR EXTREME WEATHER CONDITIONS.
On motion of Rep. RICHARDSON, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 1100 (Word version) -- Senator Drummond: A BILL TO AMEND ACT 1147 OF 1968, AS AMENDED, RELATING TO THE GREENWOOD
S. 1120 (Word version) -- Senator Moore: A BILL TO AMEND ARTICLE 7, CHAPTER 6, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING TO THE ARTICLE RURAL HOSPITALS FOR RECOGNITION AND DESIGNATION AND TO DEFINE RURAL HOSPITALS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 1121 (Word version) -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-11-355, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF HUNTING DEER WITHIN THREE HUNDRED YARDS OF A RESIDENCE WITHOUT PERMISSION OF THE OWNER AND OCCUPANT, TO LIMIT THIS OFFENSE TO HUNTING DEER WITH A FIREARM AND TO EXCLUDE BOTH A LANDOWNER AND HIS GUEST FROM THE PROVISION REQUIRING PERMISSION OF THE OWNER AND OCCUPANT OF A RESIDENCE PRIOR TO HUNTING DEER WITHIN THREE HUNDRED YARDS OF A RESIDENCE WHEN THE LANDOWNER AND HIS GUEST ARE HUNTING ON THE LANDOWNER'S PROPERTY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 1127 (Word version) -- Senators Knotts, Cromer, Courson and Setzler: A BILL TO ENACT THE LEXINGTON COUNTY SCHOOL DISTRICT PROPERTY TAX RELIEF ACT BY ALLOWING THE IMPOSITION OF A SALES AND USE TAX EQUAL TO ONE PERCENT OF GROSS SALES IN LEXINGTON COUNTY FOLLOWING APPROVAL OF THE TAX BY THE QUALIFIED ELECTORS OF THE COUNTY IN A REFERENDUM HELD AT THE TIME OF THE 2004 GENERAL ELECTION, TO PROVIDE THAT THE TAX IS IMPOSED FOR SEVEN YEARS AND MAY BE EXTENDED OR REIMPOSED BY THE GENERAL ASSEMBLY BY LAW, TO PROVIDE THAT THE TAX IS IMPOSED IN THE SAME MANNER AND WITH THE SAME EXEMPTIONS AND MAXIMUM TAXES APPLICABLE FOR THE FIVE PERCENT
S. 1136 (Word version) -- Senators Leventis and Land: A BILL TO AMEND ACT 741 OF 1990, AS AMENDED, AND ACT 620 OF 1992, AS AMENDED, BOTH RELATING TO ELECTION OF THE SUMTER COUNTY SCHOOL DISTRICT BOARDS OF TRUSTEES, SO AS TO CHANGE THE FILING DATES FOR THE CANDIDATES TO FILE BY AUGUST FIFTEENTH TO CONFORM TO STATE LAW AND CHANGE REFERENCES FROM THE COUNTY ELECTION COMMISSION TO THE REGISTRATION AND ELECTIONS COMMISSION.
Referred to Sumter Delegation
On motion of Rep. DELLENEY, with unanimous consent, the following was taken up for immediate consideration:
H. 5089 (Word version) -- Rep. Delleney: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE 2004 CHESTER HIGH SCHOOL GIRLS BASKETBALL
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the Chester High School Girls Basketball Team at a date and time to be determined by the Speaker, to congratulate the team and their coaching staff, on winning the 2004 AAA Girls Basketball State Championship and to commend them for their hard work, competitive spirit, and dedication to becoming a championship team.
The Resolution was adopted.
The following was introduced:
H. 5090 (Word version) -- Rep. Delleney: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE CHESTER HIGH SCHOOL "LADY CYCLONES" BASKETBALL TEAM AND THEIR HEAD COACH, ZEKE WASHINGTON, ON WINNING THE 2004 AAA STATE CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION TO BECOMING A CHAMPIONSHIP TEAM.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5091 (Word version) -- Rep. Vaughn: A CONCURRENT RESOLUTION TO CONGRATULATE MR. E. N. "ECK" MILLER OF YORK ON BEING CHOSEN TO RECEIVE THE FOOD INDUSTRY
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5092 (Word version) -- Rep. Vaughn: A CONCURRENT RESOLUTION TO CONGRATULATE DR. JAMES C. ACTON OF SALEM ON BEING CHOSEN TO RECEIVE THE FOOD INDUSTRY ASSOCIATION OF SOUTH CAROLINA (FIA OF SC) LIFETIME ACHIEVEMENT AWARD AND TO WISH HIM CONTINUED SUCCESS IN THE FUTURE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. HUGGINS, with unanimous consent, the following was taken up for immediate consideration:
H. 5096 (Word version) -- Rep. Huggins: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE MEMBERS OF THE 2003 IRMO HIGH SCHOOL BAND AND THEIR DIRECTOR, KEN TURNER, AT A TIME AND DATE TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING THEM FOR BEING NAMED CLASS AAAAA STATE CHAMPIONS AND ONE OF THE TOP TWENTY-FIVE BANDS IN AMERICA.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the members of the 2003 Irmo High School Band and their Director, Ken Turner, at a time and date to be determined by the Speaker, for the purpose of recognizing them for being named Class
The Resolution was adopted.
The following was introduced:
H. 5097 (Word version) -- Rep. Huggins: A CONCURRENT RESOLUTION TO CONGRATULATE THE MEMBERS OF THE 2003 IRMO HIGH SCHOOL BAND AND THEIR DIRECTOR, KEN TURNER, ON THEIR ACHIEVEMENTS OF EXCELLENCE IN MUSIC ON BEING NAMED CLASS AAAAA STATE CHAMPIONS AND ONE OF THE TOP TWENTY-FIVE BANDS IN AMERICA AND TO COMMEND THEM ON THEIR HARD WORK AND DEDICATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5098 (Word version) -- Rep. E. H. Pitts: A CONCURRENT RESOLUTION TO COMMEND THE STUDENTS, TEACHERS, ADMINISTRATORS, AND SUPPORT STAFF OF MIDWAY ELEMENTARY SCHOOL IN LEXINGTON, SOUTH CAROLINA, ON THEIR SCHOOL BEING NOMINATED AS A NATIONAL BLUE RIBBON SCHOOL FOR 2004 AND TO RECOGNIZE THE SCHOOL'S TENTH ANNIVERSARY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5099 (Word version) -- Reps. Battle and M. Hines: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE MRS. FLORENCE G. FOXWORTH OF MARION FOR HER DEDICATION AS A PUBLIC SCHOOL TEACHER FOR MORE THAN FIVE DECADES
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1122 (Word version) -- Senators Thomas, Moore, Gregory, Hutto and Waldrep: A CONCURRENT RESOLUTION TO CONGRATULATE AND MEMORIALIZE PALMETTOPRIDE FOR RECEIVING THE KEEP AMERICA BEAUTIFUL GOLD AWARD AND FOR THE KEEP SOUTH CAROLINA BEAUTIFUL AFFILIATES RECEIVING TWENTY-TWO OTHER NATIONAL AWARDS AND TO DECLARE APRIL TWENTIETH AS PALMETTOPRIDE DAY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1134 (Word version) -- Senators Jackson, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Hutto, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, 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 TO COMMEND AND CONGRATULATE DR. DAVID HOLMES SWINTON ON THE OCCASION OF THE CELEBRATION OF HIS TENTH ANNIVERSARY AS PRESIDENT OF BENEDICT COLLEGE, AND TO WISH HIM CONTINUED SUCCESS AS HE LEADS THIS HISTORIC INSTITUTION OF HIGHER EDUCATION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1139 (Word version) -- Senator Short: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO GREAT FALLS COACH JOHN SMITH ON HIS TREMENDOUS ACCOMPLISHMENTS DURING HIS BASKETBALL COACHING CAREER, INCLUDING MOST RECENTLY CAPTURING HIS 700TH CAREER WIN.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The roll call of the House of Representatives was taken resulting as follows:
Altman Anthony Bailey Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Edge Emory Freeman Frye Gourdine Hagood Hamilton Harrell Harrison Haskins Hayes J. Hines M. Hines Hinson Hosey Howard Huggins Jennings Keegan Kennedy Koon Leach Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mahaffey Martin McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Ott Owens Perry Pinson E. H. Pitts M. A. Pitts Quinn Rice Richardson Rivers Rutherford Sandifer
Scarborough Scott Skelton D. C. Smith G. M. Smith G. R. 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 Young
I came in after the roll call and was present for the Session on Tuesday, April 13.
Karl Allen Denny Neilson Brenda Lee Phillip Sinclair Fletcher Smith Bessie Moody-Lawrence Thomas Rhoad Jeff Duncan Jerry Govan Creighton Coleman
The SPEAKER granted Rep. GILHAM a leave of absence for the day.
The SPEAKER granted Rep. KIRSH a leave of absence due to illness.
The SPEAKER granted Rep. J.E. SMITH a leave of absence for the week due to family illness.
The SPEAKER granted Rep. PARKS a leave of absence due to a death in the family.
The SPEAKER granted Rep. PHILLIPS a leave of absence for the week due to illness.
The SPEAKER granted Rep. HERBKERSMAN a leave of absence for the day due to business reasons with constituents.
The SPEAKER granted Rep. MACK a leave of absence due to being out of state.
Announcement was made that Dr. Ted Watson of Greenville is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4724 (Word version)
Date: ADD:
04/13/04 HARRELL
Bill Number: H. 4968 (Word version)
Date: ADD:
04/13/04 BOWERS
Bill Number: H. 5043 (Word version)
Date: ADD:
04/13/04 WHIPPER
Bill Number: H. 5043 (Word version)
Date: ADD:
04/13/04 COTTY
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 4070 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-87 SO AS TO ENACT THE "AQUATIC LIFE PROTECTION ACT" TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPOSE NPDES PERMIT LIMITATIONS FOR TOXICITY IF A DISCHARGE HAS THE REASONABLE POTENTIAL TO IMPACT WATER QUALITY UNDER CERTAIN CONDITIONS AND TO FURTHER DIRECT THE DEPARTMENT IN TESTING AND DEVELOPING METHODOLOGIES TO IMPLEMENT THIS REQUIREMENT.
Rep. LOFTIS explained the Bill.
H. 4847 (Word version) -- Reps. J. R. Smith, Clark, Clyburn, Perry and D. C. Smith: A BILL TO AMEND SECTION 12-14-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INVESTMENT TAX CREDIT AGAINST STATE INCOME TAX ALLOWED FOR ECONOMIC IMPACT ZONE QUALIFIED MANUFACTURING AND PRODUCTIVE EQUIPMENT PROPERTY, SO AS TO EXTEND FOR CERTAIN TAXPAYERS THE TEN-YEAR CARRY-FORWARD PERIOD FOR UNUSED TAX CREDITS AND PROVIDE THE REQUIREMENTS NECESSARY FOR A TAXPAYER TO RECEIVE THE ADDITIONAL CARRY-FORWARD PERIOD.
Rep. J. R. SMITH explained the Bill.
Rep. MCGEE explained the Bill.
The following Joint Resolution was taken up:
H. 5061 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER QUALITY CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2871, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LOFTIS explained the Joint Resolution.
Reps. HAGOOD, LOURIE, VIERS, RICHARDSON, KEEGAN, MERRILL, SCARBOROUGH, LOFTIS, BAILEY, MILLER, WITHERSPOON, J. BROWN, CLYBURN, OTT, BALES, J. H. NEAL, WEEKS, COBB-HUNTER and LLOYD requested debate on the Joint Resolution.
The following Bill was taken up:
H. 3130 (Word version) -- Reps. Lourie and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-95 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON CONVICTED OF A MISDEMEANOR CRIMINAL DOMESTIC VIOLENCE OFFENSE TO SHIP, TRANSPORT, POSSESS, OR RECEIVE A FIREARM OR AMMUNITION IF THE CONVICTION MEETS CERTAIN CONDITIONS AND TO PROVIDE PENALTIES; AND BY ADDING SECTION 20-4-150, SO
Reps. WHITE, THOMPSON, HARRISON, SINCLAIR, WEEKS, LOURIE and J. H. NEAL requested debate on the Bill.
The following Bill was taken up:
H. 3917 (Word version) -- Reps. Littlejohn, Cotty, Moody-Lawrence, Altman, Anthony, Bailey, Cobb-Hunter, J. Hines, Koon, Leach, Limehouse, Mack, Mahaffey, Martin, Snow, Stille, Witherspoon and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-75 SO AS TO PROVIDE FOR A TEN DOLLAR SURCHARGE ON CERTAIN TRAFFIC VIOLATIONS DESIGNATED AS AGGRESSIVE DRIVING OFFENSES, TO PROVIDE FOR THE MANNER IN WHICH THE REVENUE GENERATED BY THIS SURCHARGE MUST BE USED INCLUDING FOR DEPOSIT IN SOUTH CAROLINA BRAIN INJURY TRUST FUND HEREIN ESTABLISHED, TO ALSO ESTABLISH A BRAIN INJURY TRUST FUND BOARD TO ADMINISTER THE FUND, AND TO PROVIDE THE PROCEDURES AND REQUIREMENTS FOR DISBURSEMENTS FROM THE FUND.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10161SD04), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Chapter 38, Title 44, of the 1976 Code is amended by adding:
Section 44-38-710. (A) Beginning with Fiscal Year 2005-2006, funds appropriated in the general appropriations act as a special line item titled "Traumatic Brain Injury Trust Fund" must be transferred to the State Treasurer to be deposited in a special account separate and
(B)(1) The South Carolina Traumatic Brain Injury Trust Fund Board is created for the purpose of administering the Traumatic Brain Injury Trust Fund. The board is composed of seven members, who must be residents of this State. Six of these members must be appointed by the Governor for terms of four years each and until their successors are appointed and qualify, except that of the six members first appointed, three must be appointed for initial terms of two years each. Three members shall be recommended by the South Carolina Brain Injury Leadership Council Executive Committee, and two members must have sustained a traumatic brain injury, and one must be a family member or representative of these individuals. The president or his designee of the Brain Injury Alliance of South Carolina shall serve ex officio as the seventh member of the board.
(2) A majority of the appointed membership of the board shall constitute a quorum.
(3) The board shall elect, by majority vote, a chairman who shall be the presiding officer of the board, preside at all meetings, and coordinate the functions and activities of the board. The chairman shall be elected or reelected for an one-year term. The board shall have such other officers as considered necessary and approved by the board.
(4) Meetings of the board must be held at least twice a year but may be held more frequently as considered necessary, subject to call by the chairman or by request of a majority of the board members. Board meetings shall concern, among other things, policy matters relating to traumatic brain injury service projects, programs, research progress reports, authorization of projects and financial plans, and other matters necessary to carry out the provisions of this section. The primary purpose of the board is for the distribution, in the best interest of the citizens of this State, of the trust funds. The board shall also be permitted to distribute such other funds as may be deposited into the fund for the treatment and prevention of traumatic brain injury by grant, legislative appropriation, or donation.
(5) Board members shall not be paid for mileage, subsistence, or per diem.
(6) The South Carolina Department of Disabilities and Special Needs shall provide administrative support to the board in regard to meetings, staff, and administrative matters. The board shall be authorized to disburse up to ten percent of the annual proceeds of the fund for administrative costs.
(7) The proceeds received by the fund must be disbursed quarterly to organizations involved with traumatic brain injuries to fund its initiatives and may also be disbursed for other purposes as the board determines appropriate. The board may receive requests for proposals for funding brain injury initiative and for proposals directed toward prevention and education.
The board shall establish priorities and criteria for the disbursement of monies in the fund. The board shall also be authorized to direct the disbursement of the monies collected in accordance with the priorities and criteria established by the board. The board shall investigate the needs of citizens with head injuries, identify the gaps and services to citizens, identify organizations and entities providing the services, and provide funding for them. Further, the board is authorized to direct that funding be provided for initiatives, organizations, and entities that are addressing prevention of traumatic brain injury.
(8) The board shall keep full and complete written minutes of its proceedings."/
Renumber sections to conform.
Amend title to conform.
Rep. MCGEE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 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,
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\1961MM04), which was adopted:
(1) the natural beauty, diverse topography, and architectural heritage of the State, the wilderness qualities and ecological regimen of its scenic rivers system and mountain regions, and the profusion of subtropical plants and wildlife provide a variety of excellent settings from which the motion picture industry might choose a location for filming a motion picture or television program; and, together with those natural settings, the availability of labor, materials, climate, and hospitality of its people have been instrumental in the filming of several successful motion pictures; and
(2) the motion picture industry brings with it a much needed infusion of capital into areas of the state which may be economically depressed and the effect of the infusion of capital resulting from the filming of a motion picture or television program serves to stimulate economic activity beyond that immediately apparent on the film set; and
(3) since a significant portion of the cost of a motion picture or television production is not eligible for existing tax incentives because that portion of the production is carried out in another state; and
(4) it is the purpose of this act to provide a financial incentive to the film industry so that the State might compete successfully with other states for filming locations.
SECTION 2. Title 12 of the 1976 Code is amended by adding:
Section 12-62-10. This chapter may be cited as the 'South Carolina Motion Picture Incentive Act'.
Section 12-62-20. For purposes of this chapter:
(1) 'Company' means a corporation, partnership, limited liability company, or other business entity.
(2) 'Department' means the South Carolina Department of Commerce.
(3) 'Motion picture' means a nationally distributed feature-length film, video, television series, or commercial made in whole or in part in South Carolina, for theatrical or television viewing or as a television pilot. The term 'motion picture' does not include the production of television coverage of news and athletic events or a production produced by a film production company if records, as required by 18 U.S.C. 2257, are to be maintained by that film production company
(4) 'Motion picture production company' means a company engaged in the business of producing nationally distributed motion pictures, videos, television series, or commercials intended for a theatrical release or for television viewing. 'Motion picture production company' does not mean or include a company owned, affiliated, or controlled, in whole or in part, by a company or person that is in default on a loan made by the State or a loan guaranteed by the State.
(5) 'Payroll' means salary, wages, or other compensation including related benefits.
(6) 'Secretary' means the Secretary of the Department of Commerce.
Section 12-62-30. Notwithstanding the provisions of Section 12-36-2120(43), a motion picture production company that intends to expend in the aggregate two hundred fifty thousand dollars or more in connection with the filming or production of one or more motion pictures in the State of South Carolina within a consecutive twelve-month period, upon making application for, meeting the requirements of, and receiving written certification of that designation from the department as provided in this chapter, shall be relieved from the payment of state sales and use taxes on funds expended in South Carolina in connection with the filming or production of a motion picture or pictures. The production of television coverage of news and athletic events is specifically excluded from the provisions of this chapter. The provisions of this chapter do not apply to a sales and use tax levied by a local governmental subdivision.
Section 12-62-40. (A) A motion picture production company that intends to film all, or parts of, a motion picture in South Carolina and desires to be relieved from the payment of the state sales and use tax as provided in this chapter shall provide an estimate of total expenditures expected to be made in South Carolina in connection with the filming or production of the motion picture. The estimate of expenditures must be filed with the department before the commencement of filming in South Carolina.
(B) At the time the motion picture production company provides the estimate of expenditures to the department, it also shall designate a member or representative of the motion picture production company to work with the department and the Department of Revenue on reporting of expenditures and other information necessary to take advantage of the tax relief afforded by this chapter.
(C)(1) An application for the tax relief provided by this chapter must be accepted only from those motion picture production companies that report anticipated expenditures in the State in the aggregate equal to or exceeding two hundred fifty thousand dollars in connection with the filming or production of one or more motion pictures in the State within a consecutive twelve-month period.
(2) The application must be approved by the Commissioner of the South Carolina Film Commission.
(3) Once the application is approved by the commissioner, the department shall issue a written certification of state sales and use tax exemption to the motion picture production company as evidence of the exemption.
(D) A motion picture production company that is approved for relief from the payment of sales and use taxes as provided by this chapter and that fails to expend two hundred fifty thousand dollars within a consecutive twelve-month period is liable for the sales and use taxes that would have been paid had the approval not been granted; except, that the motion picture production company must be given a sixty-day period in which to pay the sales and use taxes without incurring penalties. The sales and use taxes are considered due as of the date that taxable expenditures are made.
Section 12-62-50. (A) A motion picture production company is entitled to a tax rebate for the employment of persons subject to South Carolina income tax withholdings in connection with production of a motion picture. The rebate is equal to five percent of the total aggregate payroll for persons subject to South Carolina income tax withholdings employed in connection with the production when total production costs in South Carolina equal or exceed one million dollars during the taxable year. The rebate may not exceed an amount withheld on an individual employee. For purposes of this section, 'total aggregate payroll' does not include the salary of an employee whose salary is equal to or greater than one million dollars.
(B) The rebate may be applied to film production employee payroll in South Carolina by the motion picture production company.
Section 12-62-60. (A)(1) Thirteen percent of the previously unallocated admissions tax collected by the State of South Carolina must be allocated annually to the department for the exclusive use of the South Carolina Film Commission. The South Carolina Film Commission may rebate to a motion picture production company up to seven percent of the costs of goods and services purchased by the motion picture production company in the State and subject to the state
(2) The allocations to motion picture production companies contemplated by this chapter must be made by the Coordinating Council for Economic Development. The Coordinating Council for Economic Development may adopt rules and promulgate regulations for the application for and award of the rebate.
(B) One percent of the previously unallocated admissions tax collected by the State of South Carolina must be allocated to the department for the exclusive use of the South Carolina Film Commission for the promotion of collaborative production efforts between institutions of higher learning in South Carolina and motion picture related entities. The department, in conjunction with the South Carolina Film Commission, shall adopt rules and promulgate regulations necessary to administer this section.
Section 12-62-70. (A) Upon a determination by the Director of the Office of General Services Division of the South Carolina Budget and Control Board of the underutilization of state property by a state agency, the South Carolina Film Commission may negotiate below-market rates for temporary use, no more than twelve months, of space for the underutilized property. The negotiations and temporary use are exempt from the provisions of the State Consolidated Procurement Code. The motion picture production company shall reimburse costs at normal and customary rates incurred by the state agency to the state agency, including costs required to repair any damage caused by the motion picture production company to real or personal property of the State.
(B) The State or its political subdivisions may not charge a location fee for properties they own if the properties are used for seven or fewer days as a location in the production of a motion picture. A property may be used for a total of only twenty-one days without location fees in a calendar year. The motion picture production company may be on site no longer than seven days within a thirty-day period without a location fee charge. If a motion picture production lasts more than seven days, the production company is required to pay the fees negotiated in good faith by the entity responsible for the public property. State-owned or political subdivision-owned properties may recoup all costs they expend on behalf of the motion picture production
Section 12-62-80. The department may form a South Carolina Film Foundation to solicit donations for the recruitment of motion pictures in furtherance of the purposes of this chapter.
Section 12-62-90. The end credit roll of a motion picture that utilizes a South Carolina tax credit or rebate must recognize the State of South Carolina with the following statement: 'Filmed in South Carolina pursuant to the South Carolina Motion Picture Incentive Act'; except, that the State of South Carolina reserves the right to refuse the use of South Carolina's name in the credits of a motion picture filmed or produced in the state.
Section 12-62-100. To the extent not already provided, the department may adopt rules and promulgate regulations to carry out the intent and purposes of this chapter."
SECTION 3. A. The General Assembly finds that the primary objective of this section is to encourage development in South Carolina of a strong capital base for the production of televised commercial advertisements, in order to achieve a more independent, self-supporting industry:
(1) Immediate objectives are to:
(a) attract private investment for the exclusive production of commercial advertisements that are qualified as a state certified production;
(b) develop a tax infrastructure that encourages private investment by providing for state participation in the form of tax credits to encourage investment in state-certified productions; and
(c) develop a tax infrastructure utilizing tax credits that encourage investments in multiple state-certified production projects.
(2) Long-term objectives are to:
(a) encourage increased employment opportunities within this sector and increased competition with other states in fully developing
(b) encourage new education curricula in order to provide a labor force trained in all aspects of commercial advertisement production.
SECTION 3B. Article 25, Chapter 6 of Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3560. (A)(1) This section authorizes a tax credit against state income tax for production companies that produce a commercial production being an advertisement, composed of moving images and words, that is recorded on film, videotape, or digital medium in South Carolina for multi-market distribution by way of television networks, cable, satellite, or motion picture theaters. This credit is not available to companies that produce industrial videos, television broadcasts, cable and satellite networks, and news sporting events. The tax credit may be earned by production company at the time of its investment in a state-certified production and must be calculated as a percentage of the investment according to the total base investment dollars certified for a project. If total base investment is greater than five hundred thousand dollars during the calendar year, the production company is allowed a tax credit of ten percent of the actual investment made by that production company. The State has annually one million dollars in total tax credits to disburse to all eligible projects. This tax credit must be distributed to the eligible production company in the same order that the eligible production company's application for the tax credit is approved.
(2) If the entire credit is not used in the year earned, the remaining credit may be carried forward and applied against income tax liabilities for the next ten years. An entity taxed as a corporation for South Carolina income tax purposes shall claim the credit allowed pursuant to this section on its corporation income tax return. An entity not taxed as a corporation shall claim the credit on the returns of the partners or members as follows:
(a) corporate partners or members shall claim their shares of the credit on their corporate income tax returns;
(b) individual partners or members shall claim their shares of the credit on their individual income tax returns; and
(c) partners or members that are estates or trusts shall claim their shares of the credit on their fiduciary income tax returns.
(B)(1) The secretary of the department and the South Carolina Film Commission shall determine, through adoption of rules and
(2) Certification must be submitted to both the production company and to the Director of the Department of Revenue.
(3) A production company applying for the credit must reimburse the Department of Revenue for any audits required in relation to granting the credit.
(4) The secretary of the department, in consultation with the director of the commission, shall adopt rules and promulgate regulations otherwise necessary to carry out the intent and purposes of this section."
SECTION 3C. Article 25, Chapter 6 of Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3570. (A) A taxpayer may claim a credit of an amount equal to twenty percent, but not more than one hundred thousand dollars, of the taxpayer's cash investment in a qualified South Carolina motion picture project. A taxpayer may claim no more than one credit in connection with the production of a single qualified South Carolina motion picture project. This credit is allowed over more than one taxable year but a taxpayer's total credit in all years, toward any such project, may not exceed one hundred thousand dollars. Any unused credit may be carried forward to fifteen succeeding taxable years.
(B) A taxpayer may claim a credit in an amount equal to twenty percent of the value of a taxpayer's investment in the construction or conversion, or equipping, or any combination of these activities, of a motion picture production facility or post-production facility in this State. No credit is allowed unless the total amount invested in the motion picture production facility is not less than two million dollars, exclusive of land costs, or the total amount invested in a post-production facility is not less than one million dollars, exclusive of land costs. Documentation sufficient to provide confirmation of this threshold must accompany the application for the credit. Any unused credit may be carried forward to fifteen succeeding taxable years. The total amount of credit, which may be claimed by all taxpayers with respect to the construction, or conversion, or equipping, or any combination of these activities, of a single motion picture production facility or post-production facility may not exceed five million dollars. A taxpayer may claim the credit allowed by this section only one time
(C) The credit is earned when the cash is spent or when qualifying real property is dedicated for use as part of a motion picture production facility or post-production facility. If a motion picture project, motion picture production facility, or post-production facility fails to meet the requirements of the section within three years from the end of the taxpayer's tax year when the credit was first claimed, then any taxpayer which claimed the credit shall increase its income tax liability in the fourth year by an amount equal to the amount of credits claimed in prior tax years with respect to the motion picture project, motion picture production facility, or post-production facility.
(D) Notwithstanding the amount of the credits allowed by this section, these credits, when combined with any other state income tax credits allowed the taxpayer for a particular taxable year, cannot reduce the taxpayer's South Carolina income tax liability more than fifty percent.
(E) All documentation provided by investors and their agents to the Department of Revenue in connection with claiming the credits allowed by this section is considered a tax return and subject to the penalty provisions of Section 12-54-40(f).
(F) As used in this section:
(1) 'Investment' means cash with respect to subsection (A) of this section, and with respect to subsection (B) of this section cash or the fair market value of real property with any improvements thereon, or any combination of these. To qualify as 'investment', cash must have been expended for services performed in this State, for tangible personal property dedicated to first use in this State, or for real property in this State. Investments in the form of real property must be real property located in this State on which facilities are located and can include the fair market value of a long-term lease of real property minus the fair market value of any consideration paid for the lease.
(2) 'Motion picture production facility' means a site in this State that contains soundstages designed for the express purpose of film and television production for both theatrical and video release. Production includes, but is not limited to, motion pictures, made-for-television movies, and episodic television to a national audience. The motion picture production facility site must include production offices, construction shops/mills, prop and costume shops, storage area, parking for production vehicles, all of which complement the production needs and orientation of the overall facility purpose.
(3) 'Motion picture project' means a product intended for commercial exploitation that incurs at least two hundred fifty thousand dollars of costs directly in this State to produce a master negative motion picture for theatrical or television exhibition in the United States and in which at least twenty percent of total filming days of principal photography, but not fewer than ten filming days, is filmed in this State.
(4) 'Post-production facility' means a site in this State designated for the express purpose of accomplishing the post-production stage of film and television production for both theatrical and video release including the creation of visual effects, editing, and sound mixing. A post-production facility site is not required to contain a soundstage or be physically located at or near soundstages.
(5) 'Qualified South Carolina motion picture project' means a motion picture project which has registered by submitting its record of allocation of credits and documentation to the Department of Revenue. Before registration, all documentation of a motion picture project required to meet the credit requirements, must be received by the department.
(6) Taypayer means:
(a) in subsection (A), the investor, partner, limited liability company member, and subchapter 'S' corporation shareholder who invests in a qualified motion picture project;
(b) in subsection (B), the investor, partner, limited liability company member, and subchapter 'S' corporation shareholder who invests in the company that constructs, converts, or equips a 'qualified South Carolina motion picture production facility'; and
(c) with respect to a motion picture equity fund created for the sole, expressed purpose of facilitating a slate of qualified South Carolina motion picture projects, means the investors, partners, limited liability company members, and subchapter 'S' corporation shareholders who invest in the motion picture equity fund. Credits allowed under this subitem are allocated to the fund, based upon twenty percent of the cash value of its investment in a qualified South Carolina motion picture project and distributed to equity fund members based upon the percentage of their interest in the equity fund."
"Section 12-36-920. (A)(1) A sales tax equal to seven percent is imposed on the gross proceeds derived from the rental or charges for any rooms, campground spaces, lodgings, or sleeping accommodations furnished to transients by any hotel, inn, tourist court, tourist camp, motel, campground, residence, or any place in which rooms, lodgings, or sleeping accommodations are furnished to transients for a consideration. This tax does not apply where the facilities consist of less than six sleeping rooms, contained on the same premises, which is used as the individuals place of abode. The gross proceeds derived from the lease or rental of sleeping accommodations supplied to the same person for a period of ninety continuous days are not considered proceeds from transients.; except that ninety continuous days must be reduced to thirty aggregate days over a twelve-month period for people employed by a motion picture production company on a motion picture then being produced in the State of South Carolina, as those terms are defined in Title 12, Chapter 62. The motion picture production company first must receive written certification of the exemption from the Department of Revenue. The reduction in the number of days to be exempt from the tax on accommodations does not apply to the local accommodations tax authorized by Title 6, Chapter 1, Article 5. The tax imposed by this subsection (A) does not apply to additional guest charges as defined in subsection (B).
(2) A motion picture production company that has been approved for relief from the payment of accommodations tax as provided by this section and that fails to lease the accommodations for at least thirty aggregate days over a twelve-month period is liable for the accommodations tax that would have been paid had the approval not been granted; except that the motion picture production company must be given a sixty-day period in which to pay the accommodations tax without incurring penalties."
SECTION 5. Section 12-36-110 of the 1976 Code is amended by adding:
"(3) For the purposes of the payment of state sales and use tax, the term 'sale at retail' as defined in item (1) does not include purchases made in connection with the filming or production of a motion picture by a motion picture production company that has been relieved from the payment of state sales and use tax pursuant to the provisions of Chapter 62 of Title 12, also known as the South Carolina Motion Picture Incentive Act. This exclusion must be revoked retroactively if
"(D) State Development Board, including the South Carolina Film Office Commission, formerly provided for at Section 13-3-10, et seq., except that the department must make reasonable rules and promulgate reasonable regulations to ensure that funds made available to film projects through its Film Office Commission are budgeted and spent so as to further the following objectives:
(1) stimulation of economic activity to develop the potentialities of the State;
(2) conservation, restoration, and development of the natural and physical, the human and social, and the economic and productive resources of the State;
(3) promotion of a system of transportation for the State, through development and expansion of the highway, railroad, port, waterway, and airport systems;
(4) promotion and correlation of state and local activity in planning public works projects;
(5) promotion of public interest in the development of the State through cooperation with public agencies, private enterprises, and charitable and social institutions;
(6) encouragement of industrial development, private business, commercial enterprise, agricultural production, transportation, and the utilization and investment of capital within the State;
(7) assistance in the development of existing state and interstate trade, commerce, and markets for South Carolina goods and in the removal of barriers to the industrial, commercial, and agricultural development of the State;
(8) assistance in ensuring stability in employment, increasing the opportunities for employment of the citizens of the State, devising ways and means to raise the living standards of the people of the State; and
(9) enhancement of the general welfare of the people;.
SECTION 7. This act takes effect upon approval by the Governor. A taxpayer claiming a credit against the state income tax for a cash investment in a qualified South Carolina motion picture project or production facility pursuant to Section 12-6-3570 for a taxable year up
Rep. MCGEE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The Veto on the following Act was taken up:
(R199) S. 481 (Word version) -- Senator Land: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 1 OF CLARENDON COUNTY TO EXPEND FUNDS IN ITS SCHOOL BUILDING FUND TO MEET ITS COSTS OF OPERATIONS AND MAINTENANCE AND TO REPLACE FUNDS LOST AS A CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS.
Rep. SNOW moved to adjourn debate on the Veto until Wednesday, April 14, which was agreed to.
The Veto on the following Act was taken up:
(R209) H. 4702 (Word version) -- Rep. Harvin: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 1 IN CLARENDON COUNTY TO EXPEND FUNDS IN ITS SCHOOL BUILDING FUND TO MEET ITS COSTS OF OPERATIONS AND MAINTENANCE AND TO REPLACE FUNDS LOST AS A CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS.
Rep. SNOW moved to adjourn debate on the Veto until Wednesday, April 14, which was agreed to.
The Senate amendments to the following Joint Resolution were taken up for consideration:
H. 4912 (Word version) -- Rep. Miller: A JOINT RESOLUTION TO PROVIDE THAT FOR THE YEAR 2004 ONLY, THE SHAD SEASON IN GAME ZONE 9 IS EXTENDED UNTIL APRIL 15, 2004.
The Senate amendments were agreed to, and the Joint Resolution 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 Concurrent Resolution were taken up for consideration:
H. 4984 (Word version) -- Reps. Jennings, Neilson and Freeman: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 2004 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2004 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 21, 2004, AT 12:00 NOON, OR A TIME TO BE DETERMINED BY THE SPEAKER OF THE HOUSE AND THE PRESIDENT PRO TEMPORE OF THE SENATE, AND TO RECOGNIZE AND COMMEND THE 2004 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA; AT THE CONCLUSION OF THE 2004 JEAN LANEY HARRIS FOLK HERITAGE AWARDS, THE HOUSE OF REPRESENTATIVES AND THE SENATE SHALL MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, THE CITADEL, COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF SOUTH CAROLINA, WIL LOU GRAY
The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.
The Senate amendments to the following Concurrent Resolution were taken up for consideration:
H. 4617 (Word version) -- Reps. Taylor, Duncan and M. A. Pitts: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE AT INTERSTATE HIGHWAY I-385 AND UNITED STATES HIGHWAY U.S. 49 IN LAURENS COUNTY THE "GEORGE L. PHINNEY MEMORIAL INTERCHANGE" IN HONOR OF THE LATE GEORGE L. PHINNEY, WHOSE GOOD WORKS AND GOOD DEEDS MADE LAURENS COUNTY, THE STATE OF SOUTH CAROLINA, AND THIS COUNTRY BETTER PLACES TO LIVE, AND INSTALL APPROPRIATE MARKERS OR SIGNS AT THE INTERCHANGE.
The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.
Rep. PINSON moved that the House recur to the Morning Hour, which was agreed to.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 4796 (Word version) -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2005, SO AS TO PROVIDE THAT THE DEPARTMENT OF
S. 512 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 56-1-2080, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER'S LICENSE, SO AS TO PROVIDE A DEFINITION FOR THE PHRASE "RESIDENT OF SOUTH CAROLINA".
Ordered for consideration tomorrow.
The following was introduced:
H. 5105 (Word version) -- Reps. J. H. Neal, Weeks, G. Brown and G. M. Smith: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF EUGENE B. MCLEOD, SR. OF PINEWOOD ON WEDNESDAY, MARCH 31, 2004, AND TO CONVEY THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5106 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO CONGRATULATE THE AWARD-WINNING RICHLAND NORTHEAST HIGH SCHOOL GOSPEL AND PRAISE CHOIR FOR ITS OUTSTANDING ACHIEVEMENTS IN LOCAL AND INTERNATIONAL GOSPEL COMPETITIONS AND TO EXTEND BEST WISHES TO THE MEMBERS IN ALL OF THEIR FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. THOMPSON moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 5021 (Word version) -- Rep. Duncan: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE NORTH CREEK BRIDGE ON SOUTH CAROLINA HIGHWAY 72 WEST IN LAURENS COUNTY, THE "CHARLES HAMPTON JOHNSON MEMORIAL BRIDGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "CHARLES HAMPTON JOHNSON MEMORIAL BRIDGE".
H. 5030 (Word version) -- Rep. Ott: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 6 IN CALHOUN COUNTY THAT PASSES THROUGH THE TOWN OF ST. MATTHEWS, THE "T. M. 'BABE' NELSON MEMORIAL HIGHWAY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT BOTH POINTS WHERE SOUTH CAROLINA HIGHWAY 6 CROSSES THE ST. MATTHEWS TOWN LIMIT CONTAINING THE WORDS "T. M. 'BABE' NELSON MEMORIAL HIGHWAY" IN RECOGNITION OF HIS MANY CONTRIBUTIONS TO THE TOWN OF ST. MATTHEWS, CALHOUN COUNTY, THE STATE OF SOUTH CAROLINA, AND THIS NATION.
H. 5082 (Word version) -- Rep. Ott: A CONCURRENT RESOLUTION TO PROCLAIM APRIL 3, 2004, AS ELECTRONICS RECYCLING AWARENESS DAY IN THE STATE OF SOUTH CAROLINA AND TO RECOGNIZE THE IMPORTANCE OF RECYCLING ELECTRONICS AND THE POSITIVE EFFECTS IT WILL HAVE ON THE STATE AND THE NATION.
H. 5090 (Word version) -- Rep. Delleney: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE CHESTER HIGH SCHOOL "LADY CYCLONES" BASKETBALL TEAM AND THEIR HEAD COACH, ZEKE WASHINGTON, ON WINNING THE 2004 AAA STATE CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION TO BECOMING A CHAMPIONSHIP TEAM.
At 1:10 p.m. the House, in accordance with the motion of Rep. SNOW, adjourned in memory of Mrs. Anna Schaefer, mother of Representative Clark, to meet at 10:00 a.m. tomorrow.
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