SENATE JOURNAL for June 2, 2004 - South Carolina Legislature Online

South Carolina General Assembly
115th Session, 2003-2004
Journal of the Senate

Wednesday, June 2, 2004
(Statewide Session)

~~Indicates Matter Stricken~~
Indicates New Matter

The Senate assembled at 10:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear St. John speaking to all the ages, Chapter 16:15:

"When the Spirit of truth comes, He will guide you into all the truth."
Let us pray.

Father, with so many serious issues before us, we pray today for perspective.

When we are tempted to see only trees, give us the larger view to see the forests.

When we are obsessed with the larger view and see only the forests, help us to know that, somehow, we must not neglect the trees, for our daily path is by the trees, and the shrubs and what some call the grass-roots.

When we are perplexed, help us to clarify our minds around the perspective of the "mind of the Man from Nazareth."
Amen!

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

Point of Quorum

At 10:09 A.M., Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator LEATHERMAN moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Anderson                  Branton
Courson                   Cromer                    Elliott
Fair                      Ford                      Giese
Gregory                   Grooms                    Hawkins
Hayes                     Hutto                     Knotts
Kuhn                      Land                      Leatherman
Leventis                  Malloy                    Martin
Matthews                  McConnell                 McGill
Mescher                   Moore                     O'Dell
Patterson                 Peeler                    Ravenel
Richardson                Ritchie                   Ryberg
Setzler                   Sheheen                   Short
Smith, J. Verne           Thomas                    Verdin
Waldrep

A quorum being present, the Senate resumed.

Recorded Presence

Senators DRUMMOND and REESE recorded their presence subsequent to the Call of the Senate.

MESSAGE FROM THE GOVERNOR

The following appointments were transmitted by the Honorable Mark C. Sanford:

Local Appointments

Initial Appointment, Savannah River Site Redevelopment Authority, with term to commence October 21, 2000, and to expire October 21, 2004

Allendale County

Anne C. Carrmichael, Dean, USC - Salkehatchie, P. O. Box 617, Allendale, S.C. 29810 VICE Heather Lea Simmons-Jones (resigned)

Reappointment, Savannah River Site Redevelopment Authority, with term to commence October 21, 2004, and to expire October 21, 2008

Allendale County

Anne C. Carrmichael, Dean, USC - Salkehatchie, P. O. Box 617, Allendale, S.C. 29810

Reappointment, Allendale County Master-in-Equity, with term to commence December 31, 2002, and to expire December 31, 2008

Hon. Walter H. Sanders, Jr., Walter H. Sanders, Jr., P. A., P. O. Box 840, Fairfax, S.C. 29827

Reappointment, Anderson County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Hon. James T. Busby, Jr., 1200 Good Hope Church Road, Starr, S.C. 29684

Reappointment, Anderson County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Hon. William P. Steele, Jr., 107 South Main Street, Anderson, S.C. 29624

Reappointment, Anderson County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Hon. William G. Bates, 101 South Main Street, Anderson, S.C. 29622

Reappointment, Anderson County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Hon. Sherry E. Mattison, P. O. Box 828, Belton, S.C. 29627

Reappointment, Anderson County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Hon. Ronald W. Whitman, Anderson County Summary Court, P. O. Box 8002, Anderson, S.C. 29622

Reappointment, Anderson County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Hon. Sammy Joe Buchanan, P. O. Box 8002, Anderson, S.C. 29689

Reappointment, Anderson County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Hon. Nancy Wilson Devine, P. O. Box 8002, Anderson, S.C. 29622

Reappointment, Anderson County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Hon. Thomas H. Williams, P. O. Box 8002, Anderson, S.C. 29622

Reappointment, Anderson County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Hon. Michael F. Smith, P. O. Box 8002, Anderson, S.C. 29622

Reappointment, Anderson County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Hon. William E. Gilmer, P. O. Box 505, Honea Path, S.C. 29654

Reappointment, Anderson County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Hon. Clarence S. Woodson, 70 Main Street, Pelzer, S.C. 29669

Reappointment, Anderson County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

John David Durham, Sr., 1604 Durham Rd., Piedmont, S.C. 29673

Reappointment, Anderson County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Hon. James A. Cox, 208 Mills Street, West Pelzer, S.C. 29669

Reappointment, Anderson County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Hon. Frank Mauldin, 102 Rucker Rd., Anderson, S.C. 29626

Reappointment, Anderson County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Hon. Jerry Lee Mullikin, 100 East Queen Street, P.O. Box 76, Anderson, S.C. 29670

Initial Appointment, Charleston Naval Facilities Redevelopment Authority, with term to commence April 24, 2003, and to expire April 24, 2007

North Charleston

Don J. Hays, 5364 Hartford Circle, North Charleston, S.C. 29405 VICE Lonnie Hamilton III

Initial Appointment, Charleston Naval Facilities Redevelopment Authority, with term to commence April 24, 2003, and to expire April 24, 2007

North Charleston

Charlotte A. Gillespie, 7899 Red Birch Circle, North Charleston, S.C. 29418 VICE James M. Deaton

Initial Appointment, Charleston County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Hon. Linda S. Lombard, 2138 Ashley Phosphate Rd., Suite 102, North Charleston, S.C. 29406 VICE Jack I. Guedalia

Initial Appointment, Darlington County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

James E. Thomas, 821 East Bobo Newsom Highway, Hartsville, S.C. 29550 VICE William Edward White

Initial Appointment, Dorchester County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Darrell M. Middleton, 226 Barshay Drive, Summerville, S.C. 29485 VICE Jesse C. Dove

Reappointment, Georgetown County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Hon. Issac L. Pyatt, P. O. Box 807, Georgetown, S.C. 29442

Reappointment, Georgetown County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Hon. William Barry McCall, P. O. Box 1830, Pawleys Island, S.C. 29585

Reappointment, Georgetown County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Hon. William P. Moeller, P. O. Box 859, Murrells Inlet, S.C. 29576

Reappointment, Georgetown County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Hon. Mary Alice Williams, 5686 Old Pee Dee Road, Hemingway, S.C. 29554

Reappointment, Georgetown County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Hon. Benjamin F. Dunn, P. O. Box 44, Andrews, S.C. 29510

Reappointment, Georgetown County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Hon. Alan W. Walters, 306 Kauffman Street, Georgetown, S.C. 29440

Reappointment, Greenwood County Board of Voter Registration, with term to commence March 15, 2004, and to expire March 15, 2006

William J. Park, 208 Overbrook Rd., Greenwood, S.C. 29649

Reappointment, Greenwood County Board of Voter Registration, with term to commence March 15, 2004, and to expire March 15, 2006

Joseph T. Ligon, 4122 McCormick Highway, Bradley, S.C. 29819

Reappointment, Orangeburg County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Hon. Rita W. Brown, 7558 Festival Trail, Springfield, S.C. 29146

Initial Appointment, Orangeburg County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Hon. Meree D. Williamson, 7999 Savannah Highway, Norway, S.C. 29113 VICE Robert Young

Reappointment, Richland County Board of Voter Registration, with term to commence March 15, 2004, and to expire March 15, 2006

Deanne C. Jolly, 7421 Parkview Drive, Columbia, S.C. 29223

Reappointment, Spartanburg County Board of Voter Registration, with term to commence March 15, 2004, and to expire March 15, 2006

Frederick Donald "Don" Watson, 150 Kelseys Mill Road, Campobello, S.C. 29322-8806

Initial Appointment, Spartanburg County Master-in-Equity, with term to commence June 30, 2003, and to expire June 30, 2009

Hon. Gordon G. Cooper, Master-in-Equity, County of Spartanburg, 180 Magnolia St., Suite 901, Spartanburg, S.C. 29306 VICE Roger Couch

Reappointment, Sumter County Master-in-Equity, with term to commence December 31, 2004, and to expire December 31, 2010

Hon. Linwood S. Evans, Jr., Magistrate, Sumter County, P. O. Box 1273, Sumter, S.C. 29151-1273

Initial Appointment, Williamsburg County Board of Voter Registration, with term to commence March 15, 2004, and to expire March 15, 2006

Samuel L. Floyd, Jenkinson, Jarrett & Kellahan, P.A., P. O. Box 669, Kingstree, S.C. 29556

Doctor of the Day

Senator RAVENEL introduced Dr. David Hiott of Charleston, S.C., Doctor of the Day.

Leave of Absence

At 10:35 A.M., Senator McGILL requested a leave of absence from 5:30 - 10:00 P.M. today.

RECALLED AND READ THE SECOND TIME

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.

Senator WALDREP asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Agriculture and Natural Resources.

There was no objection.

The Resolution was recalled from the committee.

Senator WALDREP asked unanimous consent to take the Joint Resolution up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Joint Resolution, the question being the second reading of the Joint Resolution.

On motion of Senator WALDREP, with unanimous consent, the Resolution was read the second time and ordered placed on the third reading Calendar.

H. 3454--Ordered to a Third Reading

On motion of Senator WALDREP, with unanimous consent, H. 3454 was ordered to receive a third reading on Thursday, June 3, 2004.

RECALLED AND ADOPTED

S. 1266 (Word version) -- Senator Elliott: A CONCURRENT RESOLUTION TO REQUEST APPROPRIATE FEDERAL AND STATE HIGHWAY OFFICIALS TO DESIGNATE HIGHWAY 22, THE CONWAY BYPASS, AS PART OF NEW INTERSTATE HIGHWAY I-73 WHICH CONGRESS HAS AUTHORIZED AND WHICH IS SCHEDULED TO COME WITHIN THE BOUNDARIES OF SOUTH CAROLINA.

Senator ELLIOTT asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

The Resolution was recalled from committee.

Senator ELLIOTT asked unanimous consent to take the Resolution up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Resolution, the question being the adoption of the Resolution.

On motion of Senator ELLIOTT, with unanimous consent, the Resolution was adopted and ordered sent to the House.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1284 (Word version) -- Senator Cromer: A JOINT RESOLUTION TO ESTABLISH A JOINT PHARMACY PROGRAMS MERGER STUDY COMMITTEE TO STUDY RESPECTIVE PROGRAMS AT THE COLLEGE OF PHARMACY OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA AND THE SCHOOL OF PHARMACY AT THE UNIVERSITY OF SOUTH CAROLINA AND THE FEASIBILITY AND ADVISABILITY OF MERGING THE TWO PROGRAMS, TO PROVIDE FOR THE COMMITTEE TO MAKE A REPORT AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY NO LATER THAN MAY 15, 2005, ON THE ADVANTAGES AND DISADVANTAGES OF THE MERGER OF THE TWO PROGRAMS, TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE, ITS DUTIES, EXPENSES, AND STAFFING, AND TO PROVIDE THAT A MERGER OF THE TWO PHARMACY PROGRAMS MAY NOT OCCUR BEFORE THE GENERAL ASSEMBLY HAS RECEIVED THE RESULTS OF THE STUDY.
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Read the first time and referred to the Committee on Education.

S. 1285 (Word version) -- Senator Grooms: 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.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1286 (Word version) -- Senators Setzler, Knotts and Cromer: A SENATE RESOLUTION TO EXPRESS THE SINCERE APPRECIATION OF THE MEMBERS OF THE SENATE OF THE STATE OF SOUTH CAROLINA TO DR. EVAN COHEN OF LEXINGTON FOR HIS SERVICE AS CHIROPRACTOR OF THE WEEK TO THE GENERAL ASSEMBLY EVERY WEDNESDAY DURING THE LEGISLATIVE SESSION AND TO RECOGNIZE HIS SERVICE AS THE 2003-04 PRESIDENT AND GOLF COMMITTEE CHAIR OF THE SOUTH CAROLINA CHIROPRACTIC ASSOCIATION.
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The Senate Resolution was adopted.

S. 1287 (Word version) -- Senator Setzler: A SENATE RESOLUTION TO CONGRATULATE HOME BUILDERS ASSOCIATION OF SOUTH CAROLINA EXECUTIVE DIRECTOR JOHN CONE OF COLUMBIA UPON BEING CHOSEN THE 2004 ASSOCIATION EXECUTIVE OF THE YEAR BY THE SOUTH CAROLINA SOCIETY OF ASSOCIATION EXECUTIVES.
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The Senate Resolution was adopted.

S. 1288 (Word version) -- Senator Peeler: A SENATE RESOLUTION TO EXPRESS THE DEEP APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO THE BOYS AND GIRLS CLUB OF CHEROKEE COUNTY FOR ITS UNWAVERING DEDICATION TO THE YOUNG PEOPLE OF THIS COMMUNITY FOR THE PAST FIFTY YEARS.
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The Senate Resolution was adopted.

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.
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On motion of Senator RANKIN, with unanimous consent, the Concurrent Resolution was adopted and sent to the House.

S. 1290 (Word version) -- Senators Jackson, Ford, Anderson, Glover, McGill, Reese, Leventis, Land, Giese, Branton, Cromer, Courson, O'Dell, Patterson, Ritchie, Short, Elliott, Hutto, Moore, Setzler, Malloy, Ryberg, Grooms, Peeler, Thomas, McConnell, Gregory, Richardson, Hawkins, Waldrep, Hayes, Kuhn, Ravenel, Fair, Rankin, Sheheen and Knotts: A SENATE RESOLUTION TO AUTHORIZE THE COMMISSIONING OF A PORTRAIT TO BE PLACED IN THE SENATE CHAMBER OF THE HONORABLE JOHN WESLEY MATTHEWS, JR. OF BOWMAN IN ORANGEBURG COUNTY, SELFLESS AND DEDICATED SENATOR FROM THE THIRTY-NINTH SENATORIAL DISTRICT, A DISTINGUISHED STATESMAN DESERVING PROPER RECOGNITION BY THE SENATE AND THE STATE OF SOUTH CAROLINA.
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Senator JACKSON spoke on the Resolution.

The Senate Resolution was introduced and referred to the Senate Operations and Management Committee.

H. 5408 (Word version) -- Rep. E. H. Pitts: A CONCURRENT RESOLUTION TO COMMEND AND RECOGNIZE REVEREND ROBBY MCBRIDE FOR TWENTY-TWO YEARS OF OUTSTANDING SERVICE AS SENIOR MINISTER OF SAXE GOTHA PRESBYTERIAN CHURCH IN LEXINGTON, TO HONOR HIS HARD WORK AND DEDICATION, AND TO WISH HIM AND HIS FAMILY MUCH SUCCESS IN ALL THEIR FUTURE ENDEAVORS.

The Concurrent Resolution was adopted, ordered returned to the House.

Message from the House

Columbia, S.C., May 18, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed the appointment:

LOCAL APPOINTMENT

Reappointment, Sumter County Master-in-Equity, with term to commence December 31, 2004, and to expire December 31, 2010

Hon. Linwood S. Evans, Jr., Magistrate, Sumter County, P. O. Box 1273, Sumter, S.C. 29151-1273
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 18, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed the appointment:

LOCAL APPOINTMENT

Initial Appointment, Spartanburg County Master-in-Equity, with term to commence June 30, 2003, and to expire June 30, 2009

Hon. Gordon G. Cooper, Master-in-Equity, County of Spartanburg, 180 Magnolia St., Suite 901, Spartanburg, S.C. 29306 VICE Roger Couch
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., April 27, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed the appointment:

LOCAL APPOINTMENT

Reappointment, Allendale County Master-in-Equity, with term to commence December 31, 2002, and to expire December 31, 2008

Hon. Walter H. Sanders, Jr., Walter H. Sanders, Jr., P. A., P. O. Box 840, Fairfax, S.C. 29827
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 2, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3080 (Word version) -- Reps. Easterday and Hinson: A BILL 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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 2, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3400 (Word version) -- Reps. M.A. Pitts, Taylor and McLeod: A BILL 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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 2, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3507 (Word version) -- Reps. McGee, Coates, Harrison, Sinclair and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-35-75 SO AS TO PROVIDE FOR THE RIGHT OF ACCESS BY A LESSOR TO REAL ESTATE, FIXTURES, AND EQUIPMENT THAT ARE SUBJECT TO A COMMERCIAL LEASE AGREEMENT FOR THE PURPOSE OF REASONABLE PROTECTION OF THE LEASED PROPERTY UPON TWENTY-FOUR HOURS NOTICE TO THE LESSEE, TO PROVIDE FOR EMERGENCY CIRCUMSTANCES, AND TO PROVIDE THAT THE LESSEE MAY NOT UNREASONABLY WITHHOLD CONSENT TO ACCESS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 2, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3552 (Word version) -- Reps. Lourie, J.E. Smith, Rivers, Hosey, Altman, Anthony, Dantzler, J. Hines, McCraw, Moody-Lawrence, Richardson, Scarborough and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-45 SO AS TO PROVIDE THAT DEPARTMENT OF SOCIAL SERVICES AND ADULT PROTECTIVE SERVICES EMPLOYEES MUST 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 MAY 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; AND 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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 2, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3858 (Word version) -- Reps. Edge, Harrison, Herbkersman, Duncan and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 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 has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 2, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 2, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 4132 (Word version) -- Reps. Sheheen, Cotty and Coleman: A BILL TO AMEND CHAPTER 27, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LAKE WYLIE MARINE COMMISSION, SO AS TO DESIGNATE SECTIONS 49-27-10 THROUGH 49-27-90 AS ARTICLE 1, AND BY ADDING ARTICLE 3 SO AS TO ESTABLISH THE LAKE WATEREE MARINE COMMISSION AND PROVIDE FOR ITS JURISDICTION, POWERS, DUTIES, AND RESPONSIBILITIES; AND TO AMEND SECTION 50-3-420, AS AMENDED, RELATING TO IMMUNITY FROM PROSECUTION, SO AS TO PROVIDE FOR IMMUNITY FOR AN OFFICER OF THE LAKE WATEREE MARINE COMMISSION FOR CERTAIN ACTIONS WHEN ACTING IN HIS OFFICIAL CAPACITY WITHIN HIS TERRITORIAL JURISDICTION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 2, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 4455 (Word version) -- Reps. Clemmons, J. Brown, Sandifer, Leach, Clark, Toole, Ceips, Herbkersman and Gilham: A BILL 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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 2, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 4470 (Word version) -- Reps. Harrison, Altman, Cotty, Kirsh and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-305 SO AS TO CREATE THE OFFENSE OF DEFRAUDING SECURED CREDITORS AND TO PROVIDE A PENALTY.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 2, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

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: A BILL 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 AREAS CONTIGUOUS TO FEDERAL MILITARY INSTALLATIONS LOCATED IN SOUTH CAROLINA.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 2, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 4527 (Word version) -- Reps. M.A. Pitts, Bailey and Koon: A BILL TO AMEND SECTION 12-6-1140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS, SO AS TO EXTEND THE DEDUCTION ALLOWED AN ELIGIBLE VOLUNTEER FIREMAN, VOLUNTEER RESERVE SQUAD MEMBER, AND VOLUNTEER MEMBER OF A HAZARDOUS MATERIALS (HAZMAT) RESPONSE TEAM TO A RESERVE POLICE OFFICER, TO DELETE OBSOLETE LANGUAGE, AND TO PROVIDE DEDUCTION ELIGIBILITY REQUIREMENTS FOR A RESERVE POLICE OFFICER.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 2, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

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: A BILL TO AMEND TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 4, RELATING TO THE ESTABLISHMENT, FUNCTIONS, AND PURPOSES OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO CREATE THE STATE AERONAUTICS COMMISSION WITHIN THE DEPARTMENT TO OVERSEE THE OPERATION OF THE DEPARTMENT'S DIVISION OF AERONAUTICS AND TO APPOINT THE DIVISION'S DIRECTOR; TO AMEND SECTION 55-5-20, AS AMENDED, RELATING TO DEFINITION OF TERMS CONTAINED IN THE UNIFORM STATE AERONAUTICAL REGULATORY ACT, SO AS TO REVISE THE DEFINITION OF "AVIATION GASOLINE" TO INCLUDE GENERAL AVIATION JET FUEL; TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO THE STATE HIGHWAY FUND AND THE FEDERAL AID HIGHWAY FUND, SO AS TO DELETE THE PROVISION THAT RELATES TO THE FEDERAL AID HIGHWAY FUND, AND TO PROVIDE THAT THE STATE HIGHWAY FUND MAY NOT BE USED FOR THE PURPOSES OF THE DEPARTMENT OF TRANSPORTATION'S AERONAUTICS DIVISION; BY ADDING SECTION 58-8-220 SO AS TO PROVIDE FOR THE FUNDING OF THE ACTIVITIES OF THE DIVISION OF AERONAUTICS; BY ADDING SECTION 57-3-35 SO AS TO PROVIDE FOR THE ORGANIZATION AND OBJECTIVE OF THE DIVISION OF AERONAUTICS; TO AMEND SECTION 1-30-25, AS AMENDED, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO DELETE ITS DIVISION FOR AERONAUTICS; TO AMEND SECTION 1-30-105, RELATING TO THE DEPARTMENT OF TRANSPORTATION, SO AS TO ESTABLISH A DIVISION OF AERONAUTICS WITHIN THE DEPARTMENT AND TO DELETE AN OBSOLETE REFERENCE; TO AMEND SECTION 2-13-240, AS AMENDED, RELATING TO THE DISTRIBUTION OF THE CODE OF LAWS OF SOUTH CAROLINA, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 11-35-1520, AS AMENDED, RELATING TO COMPETITIVE SEALED BIDDING, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 12-28-2720, RELATING TO THE DISTRIBUTION OF THE GASOLINE USER FEE TO THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THIS FEE MAY NOT BE USED FOR THE PURPOSE OF THE DIVISION OF AERONAUTICS; TO AMEND SECTION 12-36-1710, RELATING TO THE EXCISE TAX LEVIED ON THE CASUAL SALES OF CERTAIN ITEMS, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 13-1-10, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF COMMERCE, SO AS TO DELETE THE DEPARTMENT'S DIVISION OF AERONAUTICS AND ITS FUNCTIONS; TO AMEND SECTION 13-1-20, RELATING TO THE PURPOSES OF THE DEPARTMENT OF COMMERCE, SO AS TO DELETE THE DEPARTMENT'S MANDATE TO DEVELOP STATE PUBLIC AIRPORTS AND AN AIR TRANSPORTATION SYSTEM; TO AMEND SECTION 15-9-390, AS AMENDED, RELATING TO SERVICE OF PROCESS ON NONRESIDENT OPERATORS OF AIRCRAFT, SO AS TO SUBSTITUTE DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION FOR SECRETARY OF COMMERCE; TO AMEND SECTION 15-9-410, AS AMENDED, RELATING TO CERTAIN PROVISIONS THAT DO NOT APPLY TO ANY INCORPORATED CARRIER HOLDING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 23-33-20, AS AMENDED, RELATING TO THE OBTAINING OF A PERMIT BEFORE FIRING OR ATTEMPTING TO FIRE OR DISCHARGE A MISSILE, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 46-13-60, AS AMENDED, RELATING TO PRESCRIBING STANDARDS FOR THE CERTIFICATION OF APPLICATORS OF PESTICIDES, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 55-1-1, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DIVISION OF AERONAUTICS WITHIN THE DEPARTMENT OF COMMERCE, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE AND DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION FOR SECRETARY OF COMMERCE; TO AMEND SECTION 55-1-5, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN THE PROVISIONS THAT GOVERN THE DIVISION OF AERONAUTICS OF THE DEPARTMENT OF COMMERCE, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 55-5-190, AS AMENDED, RELATING TO THE ENFORCEMENT OF THE PROVISIONS CONTAINED IN THE UNIFORM STATE AERONAUTICAL REGULATORY ACT, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 55-5-230, RELATING TO APPEALS FROM ORDERS ISSUED BY THE DIVISION OF AERONAUTICS, SO AS TO INCREASE THE PERIOD OF TIME WITHIN WHICH A PERSON AGAINST WHOM AN ORDER HAS BEEN ENTERED MAY APPEAL THE ORDER, AND TO PROVIDE THAT THE APPEAL MUST BE MADE TO THE ADMINISTRATIVE LAW JUDGE DIVISION INSTEAD OF THE CIRCUIT COURT; TO AMEND SECTION 55-8-10, AS AMENDED, RELATING TO DEFINITION OF TERMS CONTAINED IN THE UNIFORM AIRCRAFT FINANCIAL RESPONSIBILITY ACT, SO AS TO SUBSTITUTE THE TERM DEPARTMENT OF TRANSPORTATION FOR THE TERM DEPARTMENT OF COMMERCE WITHIN THE DEFINITION OF THE TERM AGENCY; TO AMEND SECTION 55-8-50, AS AMENDED, RELATING TO POLICY BONDS CONTAINED IN THE UNIFORM AIRCRAFT FINANCIAL RESPONSIBILITY ACT, SO AS TO SUBSTITUTE DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION FOR SECRETARY OF COMMERCE; TO AMEND SECTION 55-11-10, AS AMENDED, RELATING TO THE POWERS OF THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 55-15-10, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN THE PROVISIONS THAT PERTAIN TO RELOCATION ASSISTANCE, SO AS TO SUBSTITUTE THE TERM DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 57-1-20, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO CREATE A DIVISION OF AERONAUTICS WITHIN THE DEPARTMENT; TO AMEND SECTION 57-1-30, AS AMENDED, RELATING TO THE FUNCTIONS AND PURPOSES OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT AMONG ITS FUNCTIONS AND PURPOSES, THE DEPARTMENT SHALL DEVELOP STATE PUBLIC AIRPORTS AND AN AIR TRANSPORTATION SYSTEM; TO AMEND SECTION 57-3-10, AS AMENDED, RELATING TO THE ADMINISTRATION OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT MUST CONTAIN A DIVISION OF AERONAUTICS; TO AMEND SECTION 57-3-20, AS AMENDED, RELATING TO THE RESPONSIBILITIES AND DUTIES OF THE DEPARTMENT OF TRANSPORTATION'S DIVISION DIRECTORS, SO AS TO PROVIDE FOR THE DUTIES AND RESPONSIBILITIES OF THE DIVISION OF AERONAUTICS' DEPUTY DIRECTOR; TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO THE STATE HIGHWAY FUND AND THE FEDERAL AID HIGHWAY FUND, SO AS TO DELETE THE PROVISION THAT RELATES TO THE FEDERAL AID HIGHWAY FUND AND TO PROVIDE THAT THE STATE HIGHWAY FUND MAY NOT BE USED FOR PURPOSES OF THE DEPARTMENT OF TRANSPORTATION DIVISION OF AERONAUTICS; AND TO REPEAL ARTICLE 7, CHAPTER 1, TITLE 13 AND SECTIONS 55-5-240 AND 55-5-250 RELATING TO THE APPEAL OF A DECISION ENTERED BY THE DEPARTMENT OF COMMERCE DIVISION OF AERONAUTICS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 2, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 4575 (Word version) -- Reps. Sheheen, McGee and McLeod: A BILL 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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 2, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 4756 (Word version) -- Rep. Jennings, Lucas, Freeman, Nielson, Trotter, Frye and Rhoad: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING SEASONS FOR SMALL GAME, SO AS TO EXTEND THE HUNTING SEASON FOR SQUIRREL IN GAME ZONE 5.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 2, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 4996 (Word version) -- Reps. Bowers and Rhoad: A BILL TO AMEND SECTION 50-16-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE IMPORTATION OF CERTAIN WILDLIFE INTO THIS STATE WITHOUT A PERMIT FROM THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO PROVIDE THAT NO PERSON MAY RELEASE A NONDOMESTIC MEMBER OF THE SUIDAE (PIG) FAMILY INTO THE WILD, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROVIDE THAT THE PERSON IS FINANCIALLY RESPONSIBLE FOR ANY ECONOMIC OR OTHER DAMAGE CAUSED AS A RESULT OF THE RELEASE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 2, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 5085 (Word version) -- Reps. Cotty, Bales, Battle, Chellis, Frye, Herbkersman, Littlejohn, G.R. Smith and Snow: A BILL 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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 2, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 5088 (Word version) -- Reps. Anthony, Jennings and Simrill: 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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 2, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 5136 (Word version) -- Rep. Littlejohn: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CEASE ISSUING NEW AMBULANCE LICENSES FOR MORE THAN ONE HUNDRED TWENTY DAYS OR UNTIL THE DEPARTMENT HAS THE NECESSARY PERSONNEL TO ENFORCE EXISTING LICENSURE REQUIREMENTS, TO PROVIDE AN EXCEPTION IF A DEMONSTRATED NEED EXISTS, AND TO PROVIDE LICENSURE RENEWAL REQUIREMENTS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 2, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:

H. 4735 (Word version) -- Reps. Cato and McGee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-43-85 SO AS TO PROVIDE APPEARANCE, CONSTRUCTION, AND FOUNDATION STANDARDS FOR A MODULAR HOME CERTIFIED FOR PLACEMENT IN SOUTH CAROLINA; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX IN THIS STATE, SO AS TO PROVIDE AN EXEMPTION FOR SIXTY PERCENT OF THE GROSS PROCEEDS OF THE SALE OF A MODULAR HOME AND TO DEFINE "GROSS PROCEEDS OF SALE", FOR THIS PURPOSE.
Very respectfully,
Speaker of the House

Received as information.

H. 4735--SENATE RECEDES FROM AMENDMENTS

Senator ALEXANDER asked unanimous consent to recede from the Senate amendments.

There was no objection.

A message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 2, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that a message having been received from the Senate that it had receded from its amendments, it was ordered that the title of the Bill be changed to that of an Act, and that the Act be enrolled for ratification:

Received as information.

Message from the House

Columbia, S.C., June 2, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:

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.
Very respectfully,
Speaker of the House

Received as information.

H. 3867--REPORT OF THE
COMMITTEE OF CONFERENCE ADOPTED

On motion of Senator MOORE, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator MOORE spoke on the report.

On motion of Senator MOORE, the Report of the Committee of Conference to H. 3867 was adopted as follows:

H. 3867--Conference Report
The General Assembly, Columbia, S.C., June 2, 2004

The COMMITTEE OF CONFERENCE, to whom was referred:

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 5, 2003--H.)

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/ SECTION 1. Section 14-25-165 of the 1976 Code, as last amended by Act 257 of 2000, is further amended to read:

"Section 14-25-165. (a)(1) The drawing and composing of juries for single trials or terms of court must be conducted, ~~mutatis mutandis~~ with necessary changes, according to the statutes relating to the drawing and composing of juries in magistrates courts, except as otherwise specifically provided by this chapter.

(2) A person appointed by the municipal judge who is not connected with the trial of the case for either party ~~shall~~ must draw out of Compartment 'A' of the jury box at least thirty but not more than one hundred names, and the list of names so drawn must be delivered to each party or to the attorney for each party.

(3) If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, ~~prior to~~ before implementing a process pursuant to this item, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding municipal judge may draw ~~not less than thirty~~ at least one hundred names, but not more than a number determined sufficient by court administration for the jury list, and ~~shall~~ must deliver this list to each party or the attorney for each party.

(b)(1) In addition to the procedure for drawing a jury list as provided for in subsection (a), in those courts which schedule terms for jury trials, the judge may select a jury list in the manner provided by this subsection.

(2) ~~Not less than~~ At least ten ~~nor~~ but not more than ~~twenty~~ forty-five days before a scheduled term of jury trials, a person selected by the presiding judge ~~shall~~ must draw at least forty but not more than one hundred jurors to serve one week only.

(3) If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, ~~prior to~~ before implementing a process pursuant to this item, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding municipal judge may draw ~~not less than forty~~ at least one hundred names, but not more than a number determined sufficient by court administration to serve one week only.

(4) Immediately after the jurors are drawn, the judge ~~shall~~ must issue ~~his~~ a writ of venire facias for the jurors requiring their attendance on the first day of the week for which they have been drawn. This writ must be delivered to the chief of police or may be served by regular mail by the clerk of court.

(c) The names drawn pursuant to either subsection (a) or (b) ~~shall~~ must be placed in a box or hat and individual names randomly drawn out one at a time until six jurors and four alternates are selected. Each party ~~shall have~~ has a maximum of six peremptory challenges as to primary jurors and four peremptory challenges as to alternate jurors and ~~such~~ any other challenges for cause as the court ~~may permit~~ permits. If for any reason it is impossible to select sufficient jurors and alternates from the names drawn, names ~~shall~~ must be ~~randomly~~ drawn randomly from Compartment 'A' until sufficient jurors and alternates are selected.

~~(d)~~ Where a jury is drawn and composed for a single trial, as provided in subsection (a) above, the parties shall exercise peremptory challenges in advance of the trial date, and only persons selected to serve and alternates shall be summoned for the trial."

SECTION 2. Section 22-2-50 of the 1976 Code is amended to read:

"Section 22-2-50. ~~The~~ In October of each year, the State Election Commission ~~shall annually~~ must provide to the chief magistrate for administration of each county, at no cost, a ~~precinct-by-precinct list of qualified electors residing within the county~~ jury list compiled in accordance with the provisions of Section 14-7-130. The chief magistrate for administration of the county ~~shall~~ must use ~~such~~ these lists in preparing, for each ~~Jury Area~~ jury area, a list of the qualified electors ~~therein~~ in these jury areas, and ~~shall~~ must forward these lists to the respective magistrates."

SECTION 3. Section 22-2-80 of the 1976 Code, as last amended by Act 257 of 2000, is further amended to read:

"Section 22-2-80. (A) In all cases except as provided in Section 22-2-90 in a magistrates court in which a jury is required, a jury list must be selected in the following manner:

A person appointed by the magistrate who is not connected with the trial of the case for either party ~~shall~~ must draw out of Compartment 'A' of the jury box at least thirty but not more than one hundred names, and this list of names must be delivered to each party or to the attorney for each party.

(B) If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, ~~prior to~~ before implementing a process pursuant to this subsection, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding magistrate may draw ~~not less than thirty~~ at least one hundred names, but not more than a number determined sufficient by court administration for the jury list, and ~~shall~~ must deliver this list to each party or the attorney for each party."

SECTION 4. Section 22-2-90 of the 1976 Code, as last amended by Act 257 of 2000, is further amended to read:

"Section 22-2-90. (A) In addition to the procedure for drawing a jury list as provided for in Section 22-2-80, in a magistrates court which schedules terms for jury trials, the magistrate may select a jury list in the manner provided by this section.

(B) ~~Not less than~~ At least ten ~~nor~~ but not more than ~~twenty~~ forty-five days before a scheduled term of jury trials, a person selected by the presiding magistrate ~~shall~~ must draw at least forty but not more than one hundred jurors to serve one week only.

(C) If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, ~~prior to~~ before implementing a process pursuant to this subsection, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding magistrate may draw ~~not less than forty~~ at least one hundred names, but not more than a number determined sufficient by court administration to serve one week only.

(D) Immediately after the jurors are drawn, the magistrate ~~shall~~ must issue ~~his~~ a writ of venire facias for the jurors requiring their attendance on the first day of the week for which they have been drawn. This writ must be delivered to the magistrates constable or the sheriff of the county concerned."

SECTION 5. Section 22-2-100 of the 1976 Code is amended to read:

"Section 22-2-100. The names drawn pursuant to either Section 22-2-80 or Section 22-2-90 ~~shall~~ must be placed in a box or hat and individual names randomly drawn out one at a time until six jurors and four alternates are selected. Each party ~~shall have~~ has a maximum of six peremptory challenges as to primary jurors and four peremptory challenges as to alternate jurors and ~~such~~ any other challenges for cause as the court ~~may permit~~ permits. If for any reason it is impossible to select sufficient jurors and alternates from the names drawn, names ~~shall~~ must be ~~randomly~~ drawn randomly from Compartment 'A' until sufficient jurors and alternates are selected."

SECTION 6. Section 22-2-120 of the 1976 Code is amended to read:

"Section 22-2-120. If at the time set for the trial there are not sufficient jurors to proceed ~~for the reason that~~ because one or more have failed to attend, or have not been summoned, or have been excused or disqualified by the court, additional jurors ~~shall~~ must be selected from the ~~remainder of the thirty~~ remaining names or in the manner as provided in Section 22-2-80 or ~~in the manner as further provided in~~ Section 22-2-100."

SECTION 7. This act takes effect upon approval by the Governor./

Amend title to conform.

/s/Thomas L. Moore                /s/James Howle "Jay" Lucas
/s/Harvey S. Peeler, Jr.          /s/Creighton B. Coleman
/s/John R. Kuhn                   /s/George Murrell Smith, Jr.
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

H. 3867--Enrolled for Ratification

The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

A message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 2, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:

S. 496 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 47-5-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES INOCULATIONS, CERTIFICATES, TAGS, AND FEES, SO AS TO INCREASE THE FEE FROM THREE DOLLARS TO FIVE DOLLARS FOR A RABIES INOCULATION AT A RABIES CLINIC PROMOTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND LICENSED VETERINARIANS.
asks for a Committee of Conference, and has appointed Reps. Ott, Koon and Frye to the committee on the part of the House.
Very respectfully,
Speaker of the House

Received as information.

S. 496--CONFERENCE COMMITTEE APPOINTED

Whereupon, Senators WALDREP, VERDIN and SHEHEEN were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

HOUSE CONCURRENCE

S. 1283 (Word version) -- Senator Patterson: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE ST. MATTHEWS FIRST BAPTIST CHURCH IN WINNSBORO ON THE OCCASION OF ITS 125TH ANNIVERSARY, AND TO EXTEND BEST WISHES TO THE CHURCH AS IT CONTINUES TO SPREAD THE WORD OF GOD.

Returned with concurrence.

Received as information.

OBJECTION

Senator RYBERG asked unanimous consent to make a motion that the Senate proceed to a Call of the Uncontested Local and Statewide Calendar and then return to the items in the Morning Hour.

Senator MOORE objected.

CARRIED OVER

H. 3889 (Word version) -- Reps. Dantzler, Rhoad, Altman, Bailey, Coates, Gourdine, Hinson, Merrill, Ott, Perry, Quinn, Scarborough, Taylor, Trotter, Umphlett, Snow, Frye and Koon: A BILL TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF VETERINARY MEDICINE, SO AS TO CONFORM THE 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 THE STATE BOARD OF VETERINARY MEDICINE INCLUDING, BUT NOT LIMITED TO, REVISING PROCEDURES FOR CONDUCTING HEARINGS, REQUIRING DISCIPLINARY PROCEEDINGS TO BE OPEN TO THE PUBLIC AND TO PROVIDE EXCEPTIONS, PROVIDING FOR LICENSURE BY ENDORSEMENT, AUTHORIZING STUDENT PRECEPTOR PROGRAMS, AND ESTABLISHING CERTAIN STANDARDS FOR EMERGENCY CARE FACILITIES AND MOBILE CARE REQUIREMENTS.

The Report of the Committee of Conference was taken up for immediate consideration.

On motion of Senator VERDIN, with unanimous consent, the Report of the Committee of Conference was carried over.

RECOMMITTED

S. 813 (Word version) -- Senators Richardson, Hutto, Ravenel, Kuhn and Branton: A BILL TO AMEND SECTION 4-10-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BALLOT QUESTION SUBMITTED TO THE QUALIFIED ELECTORS OF A COUNTY FOR THE APPROVAL OF THE IMPOSITION OF A SALES AND USE TAX IN THE COUNTY AND THE PURPOSES FOR WHICH THE PROCEEDS OF THE TAX MAY BE USED, SO AS TO ADD PUBLIC PARKING GARAGES AND BEACH ACCESS AND BEACH RENOURISHMENT FOR WHICH THE PROCEEDS OF THE TAX MAY BE USED.

Senator LEATHERMAN moved to recommit the Bill to the Committee on Finance.

The Bill was recommitted to the Committee on Finance.

Recorded Vote

Senators McCONNELL, COURSON, GROOMS, RYBERG and RICHARDSON desired to be recorded as voting against the motion to recommit the Bill.

CONCURRENCE

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: A BILL 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 LIMITING GENERAL FUND APPROPRIATIONS GROWTH TO THREE PERCENT IN FISCAL YEARS 2003-2004 THROUGH 2008-2009 AND PROVIDING FOR THE USE OF SURPLUS REVENUES, AND TO PROVIDE THAT DURING THE SAME PERIOD ANNUALLY REQUIRED TRANSFERS TO THE GENERAL RESERVE FUND MUST BE CONSIDERED RECURRING GENERAL FUND APPROPRIATIONS.

The House returned the Bill with amendments.

On motion of Senator LEATHERMAN, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

CONCURRENCE

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.

The House returned the Bill with amendments.

On motion of Senator HUTTO, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

CONCURRENCE

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.

The House returned the Bill with amendments.

On motion of Senator RITCHIE, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

CONCURRENCE

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.

The House returned the Bill with amendments.

On motion of Senator McCONNELL, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

CONCURRENCE

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.

The House returned the Bill with amendments.

On motion of Senator PEELER, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

CONCURRENCE

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.

The House returned the Bill with amendments.

CONCURRENCE

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.

The House returned the Bill with amendments.

On motion of Senator RYBERG, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

CONCURRENCE

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.

The House returned the Bill with amendments.

CONCURRENCE

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.

The House returned the Bill with amendments.

On motion of Senator SHORT, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

CONCURRENCE

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.

The House returned the Bill with amendments.

On motion of Senator CROMER, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

NONCONCURRENCE

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 House returned the Bill with amendments.

On motion of Senator KNOTTS, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

NONCONCURRENCE

The House returned the Bill with amendments.

On motion of Senator McCONNELL, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS

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.

The House returned the Bill with amendments.

Senator SHORT proposed the following amendment (821R001.LHS), which was adopted:

Amend the bill, as and if amended, by striking the bill in its entirety, and inserting the following:

/ 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.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Section 56-3-9800. (A) The Department of Public Safety may issue a special commemorative 'Breast Cancer Awareness' motor vehicle license plate to establish a special fund to be used by the Department of Health and Environmental Control for the purpose of expanding the services provided by the Best Chance Network. The special license plates, which must be of the same size and general design of regular motor vehicle license plates, must be imprinted with the nationally recognized breast cancer symbol with numbers as the department may determine. The plates are for annual periods as provided by law. The fee for this special license plate is thirty-five dollars each year in addition to the regular motor vehicle registration fee as set forth in Article 5, Chapter 3 of this title.

(B) The thirty-five-dollar annual fee collected over that required by Article 5, Chapter 3 of this title must be deposited in a separate fund for the Department of Health and Environmental Control and be used solely to expand the services of the Best Chance Network. Funds collected must be deposited with the State Treasurer.

(1) four hundred or more prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and

(2) a plan to market the sale of the special license plate that must be approved by the department.

(D) If the department receives less than three hundred biennial applications and renewals for a particular special license plate authorized under this section, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted."

SECTION 2. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator SHORT explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was ordered returned to the House of Representatives with amendments.

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS

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.

The House returned the Bill with amendments.

Senator SHEHEEN proposed the following amendment (DKA\3984DW04), which was adopted:

Amend the bill, as and if amended, Section 44-59-50(A), SECTION 1, page 3, line 28, by deleting / fourteen / and inserting / fifteen /.

Amend further, Section 44-59-50(A), SECTION 1, page 4, line 20, by deleting the / . / and inserting / ; / and by inserting after line 20:

/ (11) one member from a lake homeowner's association located on the Catawba/Wateree River whose members reside in South Carolina, to be appointed by the President Pro Tempore of the South Carolina Senate. /

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the House amendment.

Senator SHEHEEN explained the amendment.

There being no further amendments, the Bill was ordered returned to the House with amendments.

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS

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.

The House returned the Bill with amendments.

Senator SETZLER asked unanimous consent to take up Amendment No. 2 for immediate consideration.

There was no objection.

Amendment No. 2

Senator SETZLER proposed the following Amendment No. 2 (16-SETZLER), which was adopted:

Amend the bill, as and if amended, page 1, line 30 by adding after the word parents, the following:

/ legal guardians, /

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

The amendment was adopted.

Amendment No. 1

Senators KNOTTS, CROMER, SETZLER, J. VERNE SMITH, SHEHEEN, MALLOY, LEATHERMAN and ALEXANDER proposed the following Amendment No. 1 (PT\2098MM04), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/ SECTION __. Section 8-11-40 of the 1976 Code, as last amended by Act 100 of 1999, is further amended to read:

"Section 8-11-40. (A) All ~~permanent~~ full-time state employees in FTE positions are entitled to fifteen days' sick leave a year with pay. Sick leave is earned by ~~permanent~~ full-time state employees in FTE positions at the rate of one and one-fourth days a month and may be accumulated, but no more than one hundred eighty days may be carried over from one calendar year to another. The department or agency head is authorized to grant additional sick leave in extenuating circumstances upon approval of the State Budget and Control Board. All ~~permanent~~ part-time ~~and hourly~~ state employees in FTE positions are entitled to sick leave prorated on the basis of fifteen days a year subject to the same carry-over specified ~~herein~~ in this section. ~~In the event~~ If an employee transfers from one state agency to another, his sick leave balance also is transferred. The State Budget and Control Board~~, through the Division of Personnel,~~ may promulgate ~~those~~ regulations in accordance with law as may be necessary to administer the provisions of this section, including the power to define the use of sick leave.

(B) ~~Permanent full-time~~ State employees in FTE positions who are ~~temporarily disabled as a result of an assault~~ ~~by an inmate, patient, or client~~ physically attacked while in the performance of official duties and suffer bodily harm as a result of the attack must be placed on administrative leave with pay by their ~~employer~~ employers rather than sick leave. The period of administrative leave ~~per~~ for each incident may not exceed one hundred eighty calendar days.

(C) Employees earning sick leave as provided in this section may use not more than ~~eight~~ ten days of sick leave annually to care for ill members of their immediate families. For purposes of this section, the employee's 'immediate family' means the employee's spouse and children and the following relations to the employee or the spouse of the employee: mother, father, brother, sister, grandparent, or legal guardian, and grandchildren ~~if the grandchild resides with the employee and the employee is the primary caretaker of the grandchild~~." /

Renumber sections to conform.

Amend title to conform.

Senator KNOTTS explained the amendment.

The amendment was adopted.

Amendment No. 3

Senators MOORE and KNOTTS proposed the following Amendment No. 3 (16-MOORE), which was ruled out of order:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

"Section 9-11-60 of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:

(1) A member may retire upon written application to the system setting forth at what time, no more than ninety days before nor more than six months after the execution and filing of the application, the member desires to be retired, if the member at the time specified for the member's service retirement has:

(a) five or more years of earned service;

(b) attained the age of fifty-five years or twenty-five or more years of creditable service; and

However, a member who is an elected official or magistrate, and who is otherwise eligible for service retirement under this section, may retire without a separation from service.

(2) Upon service retirement on or after July 1, 1989, the member shall receive a service retirement allowance which is equal to the sum of (a), (b), and (c) below:

(a) a monthly retirement allowance equal to ten dollars and ninety-seven cents multiplied by the number of years of his Class One service;

(b) a monthly retirement allowance equal to one-twelfth of two and fourteen hundredths percent of his average final compensation multiplied by the number of years of his Class Two service;

(c) an additional monthly retirement allowance which is the actuarial equivalent of the member's accumulated additional contributions.

The sum of the retirement allowances computed under (a) and (b) above may not be less than the allowance which would have been provided under (a) if all of the member's credited service were Class One service. For a police officer who became a member before July 1, 1974, and who was a participant in the Supplemental Allowance Program, the portion of his service retirement allowance not provided by his accumulated contributions may not be less than it would have been if the provisions of the System in effect on June 30, 1974, had continued in effect until his date of retirement.

(3) Reserved."

Renumber sections to conform.

Amend title to conform.

Point of Order

Senator LEATHERMAN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT sustained the Point of Order.

Amendment No. 3 was ruled out of order.

There being no further amendments, the Bill was ordered returned to the House of Representatives with amendments.

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS

S. 687 (Word version) -- Senator J. Verne 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.

The House returned the Bill with amendments.

Senators ALEXANDER and LEVENTIS proposed the following amendment (687R003.TCA), which was adopted:

Amend the bill, as and if amended, page 23, lines 22-23, by striking the lines in its entirety and inserting:

/ residents of the State: five of whom must be licensed certified public accountants, two of whom must be licensed public accountants or licensed accounting practitioners, and two of whom must /

Amend the bill further, as and if amended, page 23, lines 33, 34, and 35, by striking the lines in their entirety and inserting:

/ Section 1-3-240. /

Amend the bill further, as and if amended, page 24, line 14, by striking the line in its entirety and inserting:

/ State Treasury. The budget of the board /

Amend the bill further, as and if amended, page 25, lines 8 through 11, by striking the lines in their entirety.

Amend the bill further, as and if amended, page 33, line 35, by striking the line in its entirety and inserting:

/ annually. Applications for registration must be made in such /

Amend the bill further, as and if amended, page 35, lines 26 and 27, by striking the lines in their entirety and inserting:

/ council as required by Section 1-23-30, including, but not limited to, a schedule of fees for examination, licensure, and regulation;

(12) promulgate standards for peer review. /

Amend the bill further, as and if amended, page 47, lines 4 through 15, by striking the lines in their entirety and inserting:

/ Section 40-2-340. An Accounting Practitioner or firm of Accounting Practitioners is permitted to associate his or the firms' name with compiled financial statements as defined by Professional Standards for Accounting and Review Services, provided the following disclaimer is used:

'I (we) have compiled the accompanying balance sheet of XYZ Company as of December 31, XXXX, and the related statements of income, retained earning and cash flows for the year then ended, in accordance with statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. A compilation is limited to presenting, in the form of financial statements, information that is the representation of management (owners). I (we) have not audited or reviewed the accompanying financial statements and I am (we are) prohibited by law from expressing an opinion on them.' /

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was ordered returned to the House with amendments.

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS

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.

The House returned the Bill with amendments.

Amendment No. 1

Senators LAND and LEATHERMAN proposed the following Amendment No. 1 (131-LAND), which was ruled out of order:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/ SECTION __. (A) Chapter 71 of Title 59 of the 1976 Code is amended by adding the following:

"Section 59-71-590. Notwithstanding any of the provisions of law, any contract arrangement or agreement with any person pursuant to which a school district makes payments for the purpose of financing any asset as defined in Section 11-27-110(A)(1) shall not be considered a financing agreement as defined in Section 11-27-110(A)(6), provided, that any such contract, arrangement or agreement entered into after the effective date of this chapter shall be subject to the limitations imposed in subsections (1) and (2) of this paragraph.

(1) School district payments are payable on dates as provided in the applicable contract arrangement or financing agreement. School district payments made within a given fiscal year may be derived from the proceeds of general obligation bonds of a school district or any other source, but in no event may any such source include ad valorem taxes levied for operational purposes of a school district within that fiscal year.

(2) A school district may not enter into a contract arrangement or financing agreement unless the school district or the county auditor in which the school district is located certifies that the aggregate amount of annual principal and interest payments due under any and all such contract arrangements or financing agreements does not exceed seven percent of the assessed value of all taxable property in the school district on the date into which the contract arrangement or financing agreement is entered."

(B) Section 11-27-110 (A) (6) of the 1976 Code is amended to read:

"(6) "financing agreement" means any contract entered into after December 31, 1995, under the terms of which a governmental entity acquires the use of an asset which provides:

(a) for payments to be made in more than one fiscal year, whether by the stated term of the contract or under any renewal provisions, optional or otherwise; and

(b) that ~~the payments thereunder are divided into principal and~~ title, or any legal or beneficial interest ~~components or which contain any reference to~~ in any ~~portion of any~~ asset will at any time be transferred to the governmental entity upon payment ~~under the agreement being treated as interest; and~~

~~(c) that title to the asset will be in the name of or be transferred to the governmental entity if all payments~~ as scheduled or as otherwise provided ~~for~~ in the financing agreement ~~are made~~ or in any other agreement between the governmental entity and any other party, but the term excludes any refinancing agreement and contracts entered into in connection with issues of general obligation bonds or revenue bonds issued pursuant to authorization provided in Article X of the Constitution;"

Renumber sections to conform.

Amend title to conform.

Senator LAND explained the amendment.

Point of Order

Senator RYBERG raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senator MOORE spoke on the Point of Order.

Senator RICHARDSON spoke on the Point of Order.

Senator MOORE spoke on the amendment.

Senator LEATHERMAN explained the amendment.

Senator THOMAS argued contra to the amendment.

The PRESIDENT sustained the Point of Order.

Amendment No. 1 was ruled out of order.

Amendment No. 2

Senator LEVENTIS proposed the following Amendment No. 2 (131R001.PPL), which was adopted:

Amend the bill, as and if amended, page 11, by striking line 29 and inserting:

/ section takes effect July 1, 2004. /

Renumber sections to conform.

Amend title to conform.

Senator LEVENTIS explained the amendment.

The amendment was adopted.

Amendment No. 3A

Senators RAVENEL, KUHN and LEATHERMAN proposed the following Amendment No. 3A (MS\7404AHB04), which was adopted:

Amend the bill, as and if amended, Section 59-112-50 as contained in SECTION 1, is amended by adding at the end:

/However, if a member of the armed services of the United States or the Coast Guard or his dependent is convicted of a violation of Section 16-3-612, then the individual or his dependent is no longer eligible for instate tuition. /

Amend the bill, further, by adding an appropriately numbered SECTION to read:

/SECTION _. A. Chapter 25, Title 59 of the 1976 Code is amended by adding:

"Section 59-25-900. A person affiliated with the school in an official capacity including, but not limited to, administrators, teachers, faculty, substitute teachers, teachers' assistants, student teachers, custodial staff, food service staff, volunteers, law enforcement officers, school bus drivers, school crossing guards, or other regularly assigned school-contracted persons who is:

(1) the victim of a violation of Section 16-3-612 for which a student was convicted, adjudicated delinquent, or plead guilty

or nolo contendere, and

(2) injured as a result of the violation of Section 16-3-612 to the extent that his injury prevents him from returning to his

former position within the school district, must be allowed to continue to participate in all retirement, insurance, and deferred compensation programs he was enrolled in at the time of the injury. The district shall continue to make the employer contributions on behalf of the injured employee."

B. This section takes effect upon approval by the Governor and applies to offenses committed on or after the effective date./

Amend the bill, further, by adding an appropriately numbered SECTION to read:

/ SECTION ____. A. This SECTION may be cited as the "South Carolina Teacher Protection Act of 2004".

B. Section 16-3-612 of the 1976 Code is amended to read:

"Section 16-3-612. (A) For purposes of this section:

(1) 'Student' means a person currently enrolled in ~~any~~ a school.

(2) 'School' includes, but is not limited to, a public or private school that contains any grades of kindergarten through twelfth grade, a public or private ~~colleges, universities~~ college or university, and any vocational, technical, or occupational school.

(B) A student who commits an assault and battery, other than one that is aggravated, on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity including, but not limited to, administrators, teachers, faculty, substitute teachers, teachers' assistants, student teachers, custodial staff, food service staff, volunteers, law enforcement officers, school bus drivers, school crossing guards, or other regularly assigned school-contracted persons is guilty of assault and battery against school personnel which is a misdemeanor and, upon conviction, must be fined not more than one thousand dollars, or imprisoned not more than one year, or both.

A student who commits simple assault against a person affiliated with a school in an official capacity including, but not limited to, administrators, teachers, faculty, substitute teachers, teachers' assistants, student teachers, custodial staff, food service staff, volunteers, law enforcement officers, school bus drivers, school crossing guards, or other regularly assigned school-contracted persons when the offense occurs on school grounds or at a school sponsored event is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.

(C) A student who commits assault and battery, other than one that is aggravated, against a person affiliated with a school in an official capacity including, but not limited to, administrators, teachers, faculty, substitute teachers, teachers' assistants, student teachers, custodial staff, food service staff, volunteers, law enforcement officers, school bus drivers, school crossing guards, or other regularly assigned school-contracted persons when the offense occurs on school grounds or at a school sponsored event is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.

(D) A student who commits assault and battery of a high and aggravated nature against a person affiliated with a school in an official capacity including, but not limited to, administrators, teachers, faculty, substitute teachers, teachers' assistants, student teachers, custodial staff, food service staff, volunteers, law enforcement officers, school bus drivers, school crossing guards, or other regularly assigned school-contracted persons when the offense occurs on school grounds or at a school sponsored event is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than ten years, or both. A person is guilty of assault and battery of a high and aggravated nature pursuant to the provisions of this subsection if the person intentionally commits an assault and battery which involves the use of a deadly weapon or results in serious bodily injury to the victim.

(E) If a school official reports an incident pursuant to this section to any school principal, vice principal, assistant principal, or other school administrator, the school administrator shall report the incident to law enforcement for investigation.

(F) Sentencing pursuant to this section must comply with the requirements of Article 15, Chapter 3, Title 16."

C. Section 16-3-1535 of the 1976 Code is amended by adding:

"(G) At each proceeding, the summary court judge must inquire if the victim has been notified of the proceeding, if the victim is present at the proceeding, and if the victim desires to be heard at the proceeding."

D. Section 16-3-1545 of the 1976 Code is amended by adding:

"(N) At each proceeding, the family court judge must inquire if the victim has been notified of the proceeding, if the victim is present at the proceeding, and if the victim desires to be heard at the proceeding."

E. Section 16-3-1550 of the 1976 Code is amended by adding:

"(H) At each proceeding, the circuit court judge must inquire if the victim has been notified of the proceeding, if the victim is present at the proceeding, and if the victim desires to be heard at the proceeding."

F. This section takes effect upon approval by the Governor and applies to offenses committed on or after the effective date. /

Renumber sections to conform.

Amend title to conform.

Senator RAVENEL explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was ordered returned to the House of Representatives with amendments.

AMENDMENT PROPOSED
CONSIDERATION INTERRUPTED

S. 153 (Word version) -- Senators Giese, Ritchie, Reese, Short and Rankin: A BILL TO AMEND SECTION 59-18-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR THE ADOPTION OF INSTRUCTIONAL MATERIALS FOR THE PUBLIC SCHOOLS, SO AS TO REVISE THIS CRITERIA BY PROVIDING THAT ALL INSTRUCTIONAL MATERIALS PLACED ON THE APPROVED LIST OF INSTRUCTIONAL MATERIALS AND TEXTBOOKS FOR USE IN THE PUBLIC SCHOOLS OF THIS STATE SHALL CONTAIN THE SUBSTANCE AND LEVEL OF PERFORMANCE OUTLINED IN THE GRADE AND SUBJECT SPECIFIC ACADEMIC STANDARDS ADOPTED BY THE STATE BOARD OF EDUCATION.

The House returned the Bill with amendments.

Amendment No. 3

Senators LAND and LEATHERMAN proposed the following Amendment No. 3 (153-LAND):

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/ SECTION __. (A) Chapter 71 of Title 59 of the 1976 Code is amended by adding the following:

(B) Section 11-27-110 (A) (6) of the 1976 Code is amended to read:

"(6) "financing agreement" means any contract entered into after December 31, 1995, under the terms of which a governmental entity acquires the use of an asset which provides:

(a) for payments to be made in more than one fiscal year, whether by the stated term of the contract or under any renewal provisions, optional or otherwise; and

Renumber sections to conform.

Amend title to conform.

Point of Order

Senator RYBERG raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT took the Point of Order under advisement.

Senator BRANTON argued contra to the adoption of the amendment.

Point of Quorum

At 11:26 A.M., Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was present.

The Senate resumed.

Senator BRANTON continued arguing contra to the adoption of the amendment.

OBJECTION

With Senator BRANTON retaining the floor on S. 153, Senator LEATHERMAN asked unanimous consent to take up the Bill for immediate consideration.

Senator HUTTO objected.

Senator BRANTON continued arguing contra to the adoption of the amendment to S. 153.

MOTION ADOPTED

With Senator BRANTON retaining the floor on S. 153, Senator McCONNELL asked unanimous consent to make a motion that the Senate proceed to a Call of the Uncontested Local and Statewide Calendar and, upon completion, the Senate would revert back to a consideration of S. 153.

There was no objection and the motion was adopted.

On motion of Senator McCONNELL, consideration was interrupted by the recess, with Senator BRANTON retaining the floor.

RECESS

At 11:59 A.M., on motion of Senator McCONNELL, the Senate receded from business not to exceed thirty minutes.

At 12:38 P.M., the Senate resumed.

PRESIDENT PRO TEMPORE PRESIDES

At 12:38 P.M., the PRESIDENT Pro Tempore assumed the Chair.

Point of Quorum

At 12:39 P.M., Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

ORDERED ENROLLED FOR RATIFICATION

The following Bills and Joint Resolutions were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

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.

PRESIDENT PRESIDES

At 12:41 P.M., the PRESIDENT assumed the Chair.

H. 4904 (Word version) -- Rep. Walker: A BILL TO AMEND SECTION 56-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME PERIOD FOR REGISTERING AND LICENSING A MOTOR VEHICLE, THE ISSUANCE OF TEMPORARY LICENSE PLATES, SO AS TO REVISE THE CONTENTS OF A TEMPORARY LICENSE PLATE.

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.

H. 4709 (Word version) -- Reps. Bailey and Chellis: A BILL 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.

HOUSE BILL RETURNED

The following House Bills were read the third time and ordered returned to the House with amendments:

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.

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.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE WITH AMENDMENTS

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.

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

Amendment No. 4

Senator RITCHIE proposed the following Amendment No. 4 (4801R003.JHR), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/ SECTION __. A. Section 56-1-176 of the 1976 Code, as last amended by Act 181 of 2002, is further amended to read:

"Section 56-1-176. (A) School attendance is a condition for the issuance or reinstatement of a beginner's permit, a conditional driver's license, ~~and~~ a special restricted driver's license, and a regular driver's license for a person who is less than seventeen years of age. By applying for a beginner's permit, a conditional driver's license, a special restricted driver's license, or a regular driver's license, a person less than seventeen years of age consents to the release of his high school attendance records by the school district to the Department of Motor Vehicles for purposes of this section. The Department of Motor Vehicles may not issue or reinstate a beginner's permit, conditional driver's license, or a special restricted driver's license, or a regular driver's license to a person less than seventeen years of age pursuant to Section 56-1-40, Section 56-1-50, Section 56-1-175, or Section 56-1-180 unless the person:

(1) has a high school diploma or a certificate of attendance, or a General Education Development Diploma; or

(2) is enrolled in a public or private school or is home schooled under the provisions contained in Section 59-65-40, 59-65-45, or 59-65-47, or is enrolled in and is making progress toward completion of a program leading to a General Educational Development Diploma and:

(a) the person has conformed to the attendance laws, regulations, and policies of the school, school district, and the State Board of Education, as applicable; and

(b) the person is not suspended or expelled from school.

(B) Documentation of enrollment status must be presented to the Department of Motor Vehicles by the applicant on a form developed in consultation with the State Department of Education, the Department of Motor Vehicles, and individuals to represent the private and home school entities and approved by the ~~department~~ Department of Motor Vehicles. The documentation must indicate whether the student is in compliance with the requirements as provided in subsection (A). The appropriate public or private school official or home school association shall provide the form to the applicant upon request.

(C) The board of trustees of the school district or its designee, the governing body of a private school, and an official of a home school association shall notify a student and the parent or guardian of the student who is at least fifteen but less than seventeen years of age when the student has accumulated seven unexcused absences. This notification must include information regarding the requirements of this section.

(D) Whenever a student who is at least fifteen but less than seventeen years of age is chronically truant from school, the appropriate school official shall notify the student's parent or guardian not later than five school days from the date in which the person is considered truant. For the purposes of this section, 'chronically truant' means having more than ten days' unexcused absences during one semester or more than fifteen total days' unexcused absences during a school year. The parent or guardian shall have ten days from the date the notice was sent to petition the appropriate school official for a waiver pursuant to subsection (E). For any student not granted a waiver pursuant to subsection (E), the appropriate school official shall notify the Department of Motor Vehicles, electronically whenever possible, of the truancy. Within five days of receipt of the notice, the Department of Motor Vehicles shall send notice to the licensee's parent or guardian that the beginner's permit, a conditional driver's license, a special restricted driver's license, or a regular driver's license will be suspended under the provisions of this section on the twentieth day following the date the notice was sent.

(E) A student's parent or guardian may petition for a waiver of the requirements of this section if the student has a personal or family hardship that requires that the student have a driver's license. For purposes of this section, a personal or family hardship means a medical condition of the student or a member of his immediate family that requires that he maintain a driver's license to receive or transport an immediate family member for treatments, or employment requiring the student to maintain a driver's license to support himself or his immediate family. The student's parent or guardian has the burden of demonstrating the need for a waiver. In considering any such petition, the appropriate official shall take into account the recommendations of physicians, teachers, other school officials, guidance counselors, or academic advisors prior to granting a waiver to the requirements of this section.

(F) A person whose permit or license has been suspended pursuant to this section may not have his permit or license reinstated until that person successfully has complied with the requirements of subsection (A)(2) of this section for a full school semester subsequent to the semester during which the person's permit or license was suspended. If a person has complied with the requirements of subsection (A)(2) for a full semester, he may petition, in writing, for reinstatement of his permit or license to the board of trustees of the school district or its designee, the governing body of the private school, or the home school association. Upon determining that the person is in compliance with this subsection, the board or governing body or association shall notify the Department of Motor Vehicles, electronically whenever possible, and the Department of Motor Vehicles shall reinstate the person's permit or license.

(G) Pursuant to State Board of Education Regulation, 24 South Carolina Code Annotated Regulation 43-274, a student between the ages of sixteen and seventeen years who has been through the school intervention process, has reached the level of a habitual truant, has been referred to family court and placed on an order to attend school, and continues to accumulate unlawful absences will be deemed a 'chronic' truant. A family court judge having jurisdiction over his case may issue a court order suspending a student's license in accordance with this section.

(H) At the beginning of each school year, the board of trustees of the school district or its designee, the governing body of a private school, and an official of a home school association must notify students and parents or guardians of the requirements of this section.

(I) If any section, subsection, paragraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective."

B. This section takes effect on August 1, 2004. /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the amendment.

The amendment was adopted.

Amendment No. 5

Senators KNOTTS and ALEXANDER proposed the following Amendment No. 5 (4801R005.JMK), which was adopted:

Amend the bill, as and if amended, by adding a new SECTION to read:

/ SECTION ___. Section 56-1-50(F) is amended to read:

"(F) A person who has never held a form of license evidencing previous driving experience first must be issued a beginner's permit and must hold the permit for at least one hundred eighty days before being eligible for full licensure. A person who is at least eighteen years of age shall be eligible for full licensure after holding a beginner's permit for sixty days." /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

Amendment No. 6

Senator HUTTO proposed the following Amendment No. 6 (4801R004.CBH), which was adopted:

Amend the bill, as and if amended, by adding a new SECTION to read:

/ SECTION ___. Article 3, Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-749. (A) The Department of Motor Vehicles must suspend the driver's license, permit, or nonresident operating privilege of, or deny the issuance of a license or permit to a person under the age of eighteen who purchases or knowingly possesses cigarettes, tobacco, or cigarette paper for thirty days.

(B) If the person does not request an administrative hearing, he shall have waived his right to have the hearing and his suspension shall continue until the thirty day period has expired.

(C) Within thirty days of the issuance of the notice of suspension the person may request an administrative hearing and obtain a temporary restricted license. The department must provide a form for this purpose. A one-hundred-dollar fee must be assessed for obtaining a temporary restricted license. Twenty-five dollars of the fee must be retained by the department for maintaining the program. The remaining seventy-five dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the department. The temporary restricted license allows the person to drive without any restrictive conditions pending the outcome of the administrative hearing provided for in this section or the final decision or disposition of the matter.

(D) The notice of suspension must advise the person of his right to obtain a temporary restricted driver's license and to request an administrative hearing. The notice of suspension also must advise the person that, if he does not request an administrative hearing within thirty days of the issuance of the notice of suspension, he waives his right to the administrative hearing, and the suspension continues for the periods provided for in subsections (A) and (B).

(E) An administrative hearing must be held within thirty days after the request for the hearing is received by the department. If the department does not hold the hearing within thirty days, a written order must be issued by the department within thirty days. The order must set forth the reasons why the hearing was not held within thirty days, and a new hearing must be scheduled. If the department does not issue a written order within thirty days or fails within thirty days to notify the defendant of a new hearing date, the person shall have his driver's license, permit, or nonresident operating privilege reinstated. The scope of the hearing must be limited to whether the person:

(1) was lawfully detained;

(2) purchased or knowingly possessed cigarettes, tobacco, or cigarette paper; and

(3) was under the age of eighteen at the time he engaged in the conduct.

A written order must be issued to the person upholding the suspension of the person's license, permit, or nonresident's operating privilege, or denying the issuance of a license or permit within thirty days after the conclusion of the administrative hearing. If the suspension is upheld, the person must receive credit for the number of days his license was suspended before he received a temporary restricted license and requested the administrative hearing.

(F) An administrative hearing is a contested proceeding under the Administrative Procedures Act, and a person has a right to judicial review pursuant to that act. The filing of a petition for review shall stay the suspension until a final decision is issued.

(G) After the thirty day period of suspension has elapsed, the minor may have his driver's license reinstated for a fee of ten dollars, and upon reinstatement, the suspension must be expunged from the minor's driving record.

(H) The suspension of a person's driver's license under this section is not a conviction and shall not be considered a plea of guilty or nolo contendre to any drug or alcohol related offense under the laws of the United States or this State, and shall have no effect on a person's eligibility for a Palmetto Fellows scholarship, a LIFE scholarship, or a HOPE scholarship." /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE WITH AMENDMENTS

H. 4440 (Word version) -- Reps. Limehouse, Clemmons, Altman and Bales: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION OF A MOTOR HOME AS REAL PROPERTY FOR PURPOSES OF AD VALOREM TAXES AND THE REQUIREMENTS NECESSARY FOR THAT CLASSIFICATION, SO AS TO INCLUDE BOATS WITHIN THE CLASSIFICATION IF THEY MEET THE SAME REQUIREMENTS, AND TO PROVIDE A CAP ON THE MAXIMUM AD VALOREM TAXATION WHICH MAY BE LEVIED ON SUCH A BOAT FOR ANY YEAR.

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

Amendment No. 3

Senator McGILL proposed the following Amendment No. 3 (4440R002.JYM), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/ SECTION __. Article 1, Chapter 37, Title 12 of the 1976 Code is amended by adding:

"Section 12-37-130. A county governing body may require a business registration throughout the unincorporated county area and may impose an administrative fee not to exceed fifteen dollars. The fee is an administrative fee and is not based upon business income. The business registration authorized by this section must be administered and enforced in the same manner as the business license tax described in Section 4-9-30(12), but must not be converted into a business license tax as described in that provision. The business registration administrative fee may be billed on any property tax bill and is deemed to be property tax for the purposes of collection if so billed. This registration, if adopted, is in lieu of any business license which is authorized pursuant to Section 4-9-30(12)." /

Renumber sections to conform.

Amend title to conform.

Senator McGILL explained the amendment.

The amendment was adopted.

Amendment No. 2

Senator RICHARDSON proposed the following Amendment No. 2 (4440R001.SR), which was tabled:

Amend the bill, as and if amended, page 1, lines 41 and 42, and page 2, lines 1 and 2, by striking the lines in their entirety and inserting:

/ "property tax in the county." /

Amend title to conform.

Senator RICHARDSON explained the amendment.

Senator J. VERNE SMITH argued contra to the adoption of the amendment.

Senator J. VERNE SMITH moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 23; Nays 19

AYES

Alexander                 Anderson                  Drummond
Ford                      Giese                     Glover
Hayes                     Hutto                     Land
Leatherman                Leventis                  Malloy
Matthews                  McGill                    Mescher
Moore                     Patterson                 Reese
Sheheen                   Short                     Smith, J. Verne
Thomas                    Verdin

Total--23

NAYS

Branton                   Cromer                    Elliott
Fair                      Gregory                   Grooms
Hawkins                   Knotts                    Kuhn
Martin                    McConnell                 Peeler
Rankin                    Ravenel                   Richardson
Ritchie                   Ryberg                    Setzler
Waldrep

Total--19

The amendment was laid on the table.

Senator HAWKINS argued contra to the third reading of the Bill.

Amendment No. 4

Senator ALEXANDER proposed the following Amendment No. 4 (4440R003.TCA), which was adopted:

Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:

/ SECTION ___. Section 12-36-90(1)(c)(iii) of the 1976 Code is amended to read:

"(iii) tangible personal property replacing defective parts under written warranty contracts if:

(A) the warranty, maintenance, service, or similar contract is given without charge at the time of original purchase of the defective property or the tax was paid on the sale or renewal of warranty, maintenance, service, or similar contracts for tangible personal property of which the defective part was a component, whether or not such contracts were purchased in conjunction with the sale of tangible personal property,

(B) in the case of a warranty, maintenance, service, or similar contract that is given without charge at the time of original purchase of the defective property, the tax was paid on the sale of the defective part or on the sale of the property of which the defective part was a component, and

(C) the warrantee is not charged for any labor or materials, except as specifically stated in the warranty, maintenance, or service contract;"

SECTION ___. Section 12-36-910(B) of the 1976 Code is amended by adding:

"(6) gross proceeds accruing or proceeding from the sale or renewal of warranty, maintenance, service or similar contracts for tangible personal property, whether or not such contracts are purchased in conjunction with the sale of tangible personal property. This subsection does not apply to the sale or renewal of a warranty, maintenance, service or similar contract sold in conjunction with residential property and covering all or a part of such property or a contract covering multiple appliances or systems located in an existing residential structure."

SECTION ___. Section 12-36-1310(B) of the 1976 Code is amended by adding:

"(5) gross proceeds accruing or proceeding from the sale or renewal of warranty, maintenance, service or similar contracts for tangible personal property, whether or not such contracts are purchased in conjunction with the sale of tangible personal property. This item does not apply to the sale or renewal of a warranty, maintenance, service or similar contract sold in conjunction with residential property and covering all or a part of such property or a contract covering multiple appliances or systems located in an existing residential structure."/

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the amendment.

The amendment was adopted.

Tabling of Amendment No. 2 Reconsidered
Amendment No. 2 Adopted

Having voted on the prevailing side, Senator THOMAS moved to reconsider the vote whereby the amendment was laid on the table.

The motion to reconsider was adopted.

The question then was the adoption of Amendment No. 2.

Amendment No. 2 was adopted.

Amendment No. 6

Senators SHORT, RITCHIE, MARTIN and PEELER proposed the following Amendment No. 6 (4044R001.LHS), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/ SECTION ___. 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./

Renumber sections to conform.

Amend title to conform.

Senator SHORT explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

PRESIDENT PRO TEMPORE PRESIDES

At 12:54 P.M., the PRESIDENT Pro Tempore assumed the Chair.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

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.

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

Senator HUTTO proposed the following amendment (MS\7327AHB04), which was adopted:

Amend the bill, as and if amended, Section 56-5-1210(A), as contained in SECTION 1, page 2, line 14, immediately after / Section 56-5-1230. / by inserting / However, he may temporarily leave the scene to report the accident to the proper authorities. /

Amend the bill further, Section 56-5-1210(B), as contained in SECTION 1, page 2, line 42, by deleting / or carrier / and on page 3, line 1, immediately after / subsection / by inserting / , or the owner's, driver's, or the at-fault party's insurance company, /

Amend further, Section 56-5-1220(A), as contained in SECTION 2, page 3, line 21, immediately after / 56-5-1230. / by inserting / However, he may temporarily leave the scene to report the accident to the proper authorities. /

Amend further, Section 56-5-4100(D), as contained in SECTION 3, page 5, line 11, immediately after / driver of the vehicle, or / by inserting / motor /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

Senator HUTTO proposed the following amendment (JUD3778.002), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/ SECTION . 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." /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

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.

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

Senator ALEXANDER proposed the following amendment (GGS\22772HTC04), which was adopted:

Amend the amendment offered by Senator ALEXANDER, designated as Amendment No. 2, as and if amended, by adding two sections appropriately numbered to read:

/ SECTION ____. 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 ____. 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."/

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the amendment.

The amendment was adopted.

Senator ALEXANDER proposed the following amendment (GGS\22763HTC04), which was adopted:

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;

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:

"CHAPTER 55
Overdue Tax Debt Collection Act

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. Except where otherwise provided, this act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

Senator RICHARDSON proposed the following amendment (3065R003.SHR), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/ SECTION ____. 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):

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 12-37-223A. 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. /

Renumber sections to conform.

Amend title to conform.

Senator RICHARDSON explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 4968 (Word version) -- Reps. Limehouse, Harrell, J.E. Smith, Cato, Ceips, Clyburn, Edge, Herbkersman, Hinson, Lourie, Neilson, Cobb-Hunter, Lloyd, Gourdine, J.H. Neal, Parks and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 TO TITLE 12 SO AS TO ENACT THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, PROVIDING FOR NEW TAX INCENTIVES FOR MOTION PICTURE PRODUCTION COMPANIES SPENDING MONIES IN SOUTH CAROLINA, SPECIFICALLY, RELIEF FROM THE SALES AND USE TAX, AN EMPLOYMENT TAX REBATE, AND A SEVEN PERCENT REBATE OF THE COST OF GOODS AND SERVICES, AS WELL AS ASSISTANCE AND CONVENIENCE IN LOCATING, AND NEGOTIATING RATES FOR THE USE OF, PUBLIC PROPERTY AS FILMING LOCATIONS, AUTHORIZATION OF THE FORMATION OF A SOUTH CAROLINA FILM FOUNDATION TO SOLICIT DONATIONS FOR THE RECRUITMENT OF MOTION PICTURE PRODUCTIONS TO THIS STATE, AND FUNDING FROM A PORTION OF THE ADMISSIONS TAX COLLECTED BY THE STATE TO SUPPORT THE FUNCTIONS OF THE SOUTH CAROLINA FILM COMMISSION IN THESE EFFORTS AND TO PROVIDE FOR PROMOTION OF COLLABORATIVE EFFORTS BETWEEN STATE INSTITUTIONS OF HIGHER LEARNING AND MOTION PICTURE RELATED ENTITIES; TO AMEND ARTICLE 25, CHAPTER 6 OF TITLE 12, RELATING TO SOUTH CAROLINA INCOME TAX CREDITS, BY ADDING SECTION 12-6-3560 SO AS TO PROVIDE FOR A CREDIT AGAINST THE STATE INCOME TAX TO ENCOURAGE THE PRODUCTION OF TELEVISED COMMERCIAL ADVERTISEMENTS IN THIS STATE, AND BY ADDING SECTION 12-6-3570 SO AS TO PROVIDE FOR CREDITS AGAINST THE STATE INCOME TAX FOR A PORTION OF THE TAXPAYER'S CASH INVESTMENT IN A MOTION PICTURE PROJECT OR IN THE CONSTRUCTION, CONVERSION, AND EQUIPPING OF A MOTION PICTURE PRODUCTION OR POST-PRODUCTION FACILITY IN THIS STATE; TO AMEND SECTION 12-36-920, RELATING TO THE ACCOMMODATIONS TAX, SO AS TO PROVIDE RELIEF FROM THE PAYMENT OF THE TAX BY A MOTION PICTURE PRODUCTION COMPANY PRODUCING A MOTION PICTURE IN SOUTH CAROLINA; TO AMEND SECTION 12-36-110, RELATING TO "SALE AT RETAIL" FOR PURPOSES OF THE STATE'S SALES AND USE TAX, SO AS TO PROVIDE THAT THE TERM DOES NOT APPLY TO A PURCHASE MADE IN CONNECTION WITH THE CERTIFIED PRODUCTION OF A MOTION PICTURE; AND TO AMEND SECTION 1-30-25, AS AMENDED, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO SUBSTITUTE "SOUTH CAROLINA FILM COMMISSION" FOR "SOUTH CAROLINA FILM OFFICE".

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.

The Committee on Finance proposed the following amendment (PT\2085MM04), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/ SECTION 1. The General Assembly finds that:

(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:

"CHAPTER 62
South Carolina Motion Picture Incentive Act

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 feature-length film, video, television series, or commercial made in whole or in part in South Carolina, and intended for national theatrical or television viewing or as a television pilot produced by a motion picture production company. The term 'motion picture' does not include the production of television coverage of news and athletic events or a production produced by a motion picture production company if records, as required by 18 U.S.C. 2257, are to be maintained by that motion picture production company with respect to any performer portrayed in that single media or multimedia program.

(4) 'Motion picture production company' means a company engaged in the business of producing motion pictures intended for a national 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 subject to South Carolina income tax withholdings.

(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 Director of the South Carolina Film Commission.

(3) Once the application is approved by the Director of the South Carolina Film Commission, the Department of Revenue 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 South Carolina 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 the amount withheld on South Carolina income tax withholdings. 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 for each motion picture.

(B) The rebate must be applied exclusively to film production employee payroll in South Carolina by the motion picture production company.

(C) The rebate must be distributed to the motion picture production company at the completion of physical production and support activities. This credit must follow the same procedures as established pursuant to Section 12-10-81(B)(1), (B)(2), (B)(6), (B)(8), and (G).

Section 12-62-60. (A)(1) Thirteen percent of the general fund portion of admissions tax collected by the State of South Carolina must be funded 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 if the motion picture production company has a minimum in-state expenditure of one million dollars. The distribution of rebates may not exceed the amount annually funded to the department for the South Carolina Film Commission from the admissions tax collected by 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 general fund portion of admissions tax collected by the State of South Carolina must be funded 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)(1) 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.

(2) The state agency or local political subdivision that owns the property determined to be underutilized may appeal that determination of underutilization to the Budget and Control Board.

(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. State-owned or political subdivision-owned properties may recoup all costs they expend on behalf of the motion picture production company including a facility fee not to exceed two thousand five hundred dollars a day. Whenever possible, the public entity must direct the public property contribution to a charitable entity that is recognized as exempt under Section 501(c)(3) of the Internal Revenue Code. State owned or political subdivision-owned properties also may recoup costs required to repair damage caused by the motion picture production company to real or personal property of the state agency or political subdivision. The motion picture production company shall reimburse all costs, at the property's normal and customary rates, to the state agency or political subdivisions incurring the costs within twenty-one calendar days of completion of production activities on site. The motion picture production company may use the publicly owned property only on the days agreed to and approved by the state agency or political subdivision.

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 economic development options within the commercial advertisement industry; and

(b) encourage new education curricula in order to provide a labor force trained in all aspects of commercial advertisement production.

B. 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. If total base investment is greater than five hundred thousand dollars in the aggregate during the calendar year, the production company is allowed a tax credit of ten percent of the actual South Carolina investment made by that production company. The State has annually one million dollars in total tax credits to disburse to all eligible production companies. 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 by the Department of Commerce.

(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 of Commerce and the South Carolina Film Commission shall determine, through adoption of rules and promulgation of regulations, the criteria for qualification of a project according to this section. Promulgation of these regulations are subject to the Administrative Procedures Act.

(2) Certification by the Department of Commerce 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 of Commerce, in consultation with the Director of the South Carolina Film Commission, shall adopt rules and promulgate regulations otherwise necessary to carry out the intent and purposes of this section."

C. Article 25, Chapter 6 of Title 12 of the 1976 Code is amended by adding:

"Section 12-6-3570. (A) A taxpayer may claim an income tax credit of an amount equal to twenty percent, but not more than one hundred thousand dollars, of the taxpayer's cash investment in the development or production of 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 amount 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 at least two million dollars, exclusive of land costs, or the total amount invested in a post-production facility is at least one million dollars, exclusive of land costs. Documentation to the Department of Commerce 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 in connection with a single motion picture production facility and one time in a single post-production facility.

(C) The credit is earned when the cash is spent or when qualifying real property is dedicated for use as part of a South Carolina motion picture production facility or South Carolina post-production facility. If a South Carolina motion picture project, South Carolina motion picture production facility, or South Carolina 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 lease with a term in excess of thirty-six months 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 or regional 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. The term does not include television stations, recording studios, or facilities predominately used to produce videos, commercials, training films, or advertising films.

(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, whether film, tape, or other medium, 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. Upon the recommendation of the South Carolina Film Commission, and if appropriate, the Coordinating Council for Economic Development shall certify the motional picture project as a project eligible for purposes of this article.

(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 of Commerce.

(6) Taypayer means:

(a) in subsection (A), the person who invests in a qualified motion picture project;

(b) in subsection (B), the person 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 person who invests 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 4. Section 12-36-920(A) of the 1976 Code is amended to read:

"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. 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 producing a motion picture in the State of South Carolina, as those terms are defined in Chapter 62 of Title 12, is entitled to a rebate from the Department of Revenue of all of the sales taxes on accommodations paid by the motion picture production company for employees of the motion picture production company who have stayed in accommodations in South Carolina for an aggregate of thirty days over a twelve-month period. The motion picture production company must first submit to the Department of Revenue a certification as to the number of days its employees have stayed in accommodations in South Carolina. The rebate of accommodations taxes does not apply to the local accommodations tax authorized by Article 5, Chapter 1, Title 6."

SECTION 5. Section 1-30-25(D) of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:

"(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 6. Section 12-6-3510 of the 1976 Code is repealed.

SECTION 7. This act takes effect July 1, 2004, upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

Senators LEVENTIS and RITCHIE proposed the following amendment (MS\7395AC04), which was adopted:

Amend the bill, as and if amended, Section 12-62-60(B) as contained in SECTION 2, page 4968-5, line 19, by inserting after /collaborative production/ the following words:

/ and educational /

Amend the bill further, Section 12-6-3570(A) as contained in SECTION 2, page 4968-8, lines 34 and 35, by deleting /the development or production of/ and insert:

/ a company that develops or produces /

Amend the bill further, Section 12-6-3570(B) as contained in SECTION 2, page 4968-8, line 3, by deleting / construction or conversion, or equipping / and inserting / company that constructs or converts or equips /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

Senator HUTTO proposed the following amendment (JUD4996.002), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 33, in Section 50-16-25, as contained in SECTION 1, by striking line 33 in its entirety and inserting therein the following:

/ population; however, a landowner may capture and release a pig so long as: (1) the pig is captured pursuant to a permit issued without charge by the Department of Natural Resources, and (2) the pig is released on the same tract on which the pig was captured or on an adjoining tract with permission of the owner of the adjoining tract. Under no circumstances may a pig be released in a county other than the county in which the pig was captured. /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

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.

Senator MATTHEWS asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

Senator MATTHEWS proposed the following amendment (GGS\22660AC04), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/ SECTION __. Section 44-56-170(F)(1) of the 1976 Code is amended to read:

"(1) There is imposed a fee of ten dollars a ton on the incineration of hazardous waste in this State whether the waste was generated within or outside of this State. Fees imposed by this subsection must be based on the amount of hazardous waste collected by the facility for incineration and must not include any nonhazardous materials added to the hazardous waste at the incineration facility for purposes of fuel blending. These fees must be collected by the facility at which it is incinerated and remitted to the State Treasurer to be placed into a fund separate and distinct from the state general fund entitled 'Hazardous Waste Fund County Account'." /

Renumber sections to conform.

Amend title to conform.

Senator MATTHEWS explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 4740 (Word version) -- Reps. Miller, Hayes, J.E. Smith, Altman, Anthony, Battle, Bowers, Branham, Ceips, Clark, Clemmons, Clyburn, Frye, Gourdine, Hagood, Harrison, Herbkersman, Whipper, M. Hines, Hinson, Hosey, Keegan, Leach, Littlejohn, Lloyd, Ott, Rhoad, Rice, Richardson, Scarborough, Snow, Stille, Taylor, Townsend, Vaughn, Whitmire, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA SAFE ROUTES TO SCHOOLS ACT" BY ADDING SECTION 59-17-150 SO AS TO PROVIDE THAT MUNICIPAL AND COUNTY GOVERNING BODIES SHALL WORK WITH SCHOOL DISTRICTS LOCATED IN THEIR JURISDICTIONS TO IDENTIFY BARRIERS AND HAZARDS TO CHILDREN WALKING OR BICYCLING TO AND FROM SCHOOL, TO PROVIDE THAT THE MUNICIPALITIES, COUNTIES, AND DISTRICTS MAY DEVELOP A PLAN FOR THE FUNDING OF IMPROVEMENTS DESIGNED TO REDUCE THE BARRIERS AND HAZARDS IDENTIFIED, TO PROVIDE THAT EACH SCHOOL DISTRICT SHALL FORM A COORDINATING COMMITTEE AND EACH SCHOOL SHALL FORM A SAFE ROUTES TO SCHOOL TEAM TO PERFORM SPECIFIED FUNCTIONS IN REGARD TO SAFE PEDESTRIAN AND BICYCLE ROUTES TO SCHOOL, AND TO PROVIDE THAT THE FIRST WEDNESDAY OF OCTOBER OF EACH YEAR IS DESIGNATED AS "WALK YOUR CHILD TO SCHOOL/BIKE TO SCHOOL DAY" IN EACH SCHOOL DISTRICT OF THIS STATE.

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

Senator SETZLER proposed the following amendment (MS\7383AHB04), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION at the end to read:

/ SECTION __. 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

(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." /

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

The amendment was adopted.

Senator FAIR proposed the following amendment (NBD\12656AC04), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION __. 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)."/

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the amendment.

The amendment was adopted.

Senators HUTTO and SHORT proposed the following amendment (4740-HUTTO-1), which was adopted:

Amend amendment P2 (4740Hutto1), as and if amended, by adding an appropriately lettered subsection to Section 59-29-80 to read:

/ (__) Implementation of this act shall not take place until funding has been provided by the General Assembly. /

Amend amendment P2 (4740-Hutto1) further, as and if amended, Section 59-29-80(C) by striking the last sentence that reads:

~~Physical education should be taught by a physical education specialist~~.

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

Senators HUTTO and SHORT proposed the following amendment (4740-HUTTO1), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/ SECTION __. The General Assembly finds that:

(1) South Carolina ranks tenth in the United States for the number of overweight and obese people;

(2) the number of overweight children in South Carolina has tripled since the 1960's;

(3) South Carolina ranks first in the number of strokes, third in heart disease, and tenth in diabetes;

(4) regular physical activity helps to improve strength and endurance, prevents obesity and controls body weight, helps build healthy bones and muscles, and reduces anxiety and stress;

(5) newly completed research shows a significant relationship between academic achievement and physical fitness;

(6) many elementary school students do not have any instruction in physical education, and most children have physical education only once or twice a week for thirty to forty minutes;

(7) most middle school students have physical education only nine weeks out of each year for one period a day;

(8) physical activity offers young people many health benefits, including improving aerobic endurance and muscular strength; helping to control weight, build lean muscle, and reduce fat; and helping to build greater bone mass, which prevents against osteoporosis; and

(9) studies show that physically active children have higher classroom and standardized test scores.

Amend the committee report further, as and if amended, by adding an appropriately numbered SECTION to read:

SECTION __. Section 59-29-80 of the 1976 Code is amended to read:

"Section 59-29-80. (A) ~~There shall be established and provided in all the public schools of this State~~ Each public school shall provide physical education, training, and instruction ~~of pupils of both sexes, and every pupil attending any school, in so far as he is physically fit and able to do so, shall take the course or courses provided by this section~~ to each student in kindergarten through eighth grade for the entire school year. Students must be given opportunities to develop lifelong commitments to the enjoyment and health benefits of physical activity. A suitable modified ~~courses shall~~ course must be provided for ~~students~~ a student physically or mentally unable ~~or unfit~~ to take the physical education course ~~or courses prescribed for normal pupils~~ provided. However, in ~~any~~ a public school ~~which~~ that offers a military or naval ROTC program sponsored by one of the military services of the United States, training in ~~such a~~ this program may be ~~deemed equivalent to physical education instruction, and may be~~ accepted ~~in lieu~~ instead of ~~such~~ physical education instruction ~~for all purposes, academic or nonacademic, as may hereinafter be provided~~.

(B) As used in this section 'physical education' means a planned, sequential program of curricula and instruction that helps students develop the knowledge, attitudes, motor skills, self-management skills, and confidence needed to adopt and maintain physically active lifestyles.

(C) Beginning with the 2006-07 school year, each elementary school shall provide at least one hundred fifty minutes of physical education during each school week, and each middle school shall provide at least two hundred fifty minutes of physical education during each week. Physical education should be taught by a physical education specialist.

(D) In the school years before the 2006-07 school year, schools, teachers, and parents shall seek to incorporate physical activity into each day before, during, and after school. School districts shall encourage physical activity after school. Schools and health councils shall suggest activities for children and their parents and send parents information on the value of fitness.

(E) Each school shall develop a reward program for daily physical activity before and after school and during summer vacation.

(F) Schools shall:

(1) stress lifetime fitness where students may develop skills among a variety of sports. Lifetime fitness includes running, golf, tennis, cycling, swimming, and dance;

(2) offer a diverse range of noncompetitive and competitive activities appropriate for different ages and abilities;

(3) give young people the skills and confidence they need to be physically active; and

(4) promote physical activity through the components of a coordinated school health program and develop links between school and community programs.

(G) Schools are encouraged to:

(1) assess the fitness of students each year and provide a report to the parents along with appropriate recommendations for improving a student's fitness;

(2) use the School Health Index for Physical Activity and Healthy Eating provided by the Centers for Disease Control, which is a self-assessment and planning tool to enable schools to identify the strengths and weaknesses of their physical activity and nutrition policies and programs, develop an action plan for improving student health, and involve teachers, parents, students, and the community in improving school services; and

(3) have a physical education program assessment based on the South Carolina Physical Education Assessment Model and state standards to measure effectiveness and adherence to program standards.

(H) The State Board of Education shall establish a pilot program for a two-year physical activity project. A committee to oversee the program and to seek grants and other funding to cover the program and evaluation must be formed. The committee shall consist of seven members, three appointed by the State Board of Education and four appointed by the General Assembly. The pilot program must incorporate the recommendations of the State Task Force on Physical Activity and the American Heart Association. The committee shall choose the schools to participate in the program.

(I)(1) By July 1, 2006, each school with kindergarten through eighth grade shall organize a school health advisory council to advise the school on aspects of the school health program and provide direction for administrators to develop a state-of-the-art school health program. The school health advisory council shall help the school with planning and prioritizing programs, raising funds for health-related initiatives, educating the community and parents and increasing their involvement in the school, and assessing needs and evaluating programs. The school health council shall represent diverse segments of the community.

(2) A school that has a school improvement council shall incorporate health and physical activity goals into its school improvement plans instead of organizing a separate school health council.

(J) By July 1, 2005, The State Department of Education shall develop a one-page survey to be completed by each elementary and middle school with kindergarten through eighth grade. The survey must include questions on facilities inside and outside the school and on the use and availability of physical education teachers. The Department of Education shall report the findings of the survey to the Senate Education Committee and the House Education and Public Works Committee.

(K) A student may be exempted from physical education requirements by seeking a waiver from the local school board of trustees. The local board may grant ~~such a~~ the request based on the following criteria:

(1) The student must present a statement by his attending physician indicating that participation in physical education will jeopardize the student's health and well-being; or

(2)(a) The parent and student must show that the student's attending physical education classes will violate their religious beliefs and would not be merely a matter of personal objection; and

(b) the parent or student must be members of a recognized religious faith that objects to physical education as part of its official doctrine or creed.

The local board shall encourage the student to take, as an alternative to physical education, appropriate instruction in health education or other instruction in lifestyle modification if an exemption is granted pursuant to this section."

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

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.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the previously proposed amendment.

Senators MOORE and SHEHEEN proposed the following amendment (JUD5042.006), which was adopted:

Amend the bill, as and if amended, page 3, beginning on line 1, by striking SECTION 3 in its entirety and inserting therein the following:

/ SECTION 3. Section 2-17-20(C) of the 1976 Code, as last amended by Act 76 of 2003, is further amended to read:

"(C) Each lobbyist who ceases to engage in lobbying requiring him to register pursuant to the provisions of this section shall file a written statement with the State Ethics Commission acknowledging the termination of lobbying. The written statement of termination is effective immediately, except that the provisions of Sections ~~2-17-80(A)(5), 2-17-80(B)(5),~~ 2-17-80(B), 2-17-80(C)(5), 2-17-110(C), and 2-17-110(F) continue in force and effect for the remainder of the calendar year in which the lobbyist was registered, regardless of the date of the termination statement filed with the State Ethics Commission. Each lobbyist who files a written statement of termination pursuant to the provisions of this section must file reports required by this chapter for any reporting period during which the lobbyist was registered pursuant to the provisions of this section."/

Amend the bill further, as and if amended, page 3, beginning on line 28, by striking SECTION 5 in its entirety and inserting therein the following:

/ SECTION 5. Section 2-17-25(C) of the 1976 Code, as last amended by Act 76 of 2003, is further amended to read:

"(C) Each lobbyist's principal who ceases to authorize lobbying requiring him to register pursuant to this section must file a written statement with the State Ethics Commission acknowledging the termination of lobbying. The written statement of termination is effective immediately, except that the provisions of Sections ~~2-17-80(A)(5), 2-17-80(B)(5),~~ 2-17-80(B), 2-17-80(C)(5), 2-17-110(C), and 2-17-110(F) continue in force and effect for the remainder of the calendar year in which the lobbyist's principal was registered, regardless of the date of the termination statement filed with the State Ethics Commission. Each lobbyist's principal who files a written statement of termination pursuant to this section shall file reports required by this chapter for any reporting period during which the lobbyist's principal was registered pursuant to this section." /

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

Senators MOORE and SHEHEEN proposed the following amendment (JUD5042.010), which was adopted:

Amend the bill, as and if amended, page 3, beginning on line 1, by striking SECTION 3 in its entirety and inserting therein the following:

/ SECTION 3. Section 2-17-20(C) of the 1976 Code, as last amended by Act 76 of 2003, is further amended to read:

Amend the bill further, as and if amended, page 3, beginning on line 28, by striking SECTION 5 in its entirety and inserting therein the following:

/ SECTION 5. Section 2-17-25(C) of the 1976 Code, as last amended by Act 76 of 2003, is further amended to read:

Amend the bill further, as and if amended, page 6, beginning on line 34, by striking SECTION 12 in its entirety and inserting therein the following:

/ SECTION 12. Section 8-13-1300(7) of the 1976 Code, as last amended by Act 76 of 2003, is further amended to read:

[From and after November 3, 2004, this paragraph reads as follows:]

"(7)(A) 'Contribution' means a gift, subscription, loan, guarantee upon which collection is made, forgiveness of a loan, an advance, in-kind contribution or expenditure, a deposit of money, or anything of value made to a candidate or committee to influence an election; or payment or compensation for the personal service of another person which is rendered for any purpose to a candidate or committee without charge, whether any of the above are made or offered directly or indirectly. Contributions expended to influence the outcome of an elective office, as defined by Section 8-13-1300(31)(c), and which do not expressly advocate a vote for or against a candidate, or, when taken in context, have no reasonable meaning other than to urge the election or defeat of a clearly identified candidate, must be disclosed in the same manner as contributions disclosed pursuant to Section 8-13-1308(F), but are not subject to the contribution limits of Section 8-13-1322.

(B) 'Contribution' does not include: (a) volunteer personal services on behalf of a candidate or committee for which the volunteer or any person acting on behalf of or instead of the volunteer receives no compensation either in cash or in-kind, directly or indirectly, from any source; or (b) a gift, subscription, loan, guarantee upon which collection is made, forgiveness of a loan, an advance, in-kind contribution or expenditure, a deposit of money, or anything of value made to a committee, other than a candidate committee, ~~and~~ which is used to pay for communications made not more than forty-five days before the election to influence the outcome of an elective office as defined in Section 8-13-1300(31)(c) and which does not promote or support or attack or oppose a candidate.

~~These funds~~ Funds, which do not constitute contributions pursuant to this subsection, must be deposited in an account separate from a campaign account as required in Section 8-13-1312." /

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

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.

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

Senators WALDREP, HUTTO, MALLOY and LEATHERMAN proposed the following amendment (JUD4721.007), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 26, by striking all after the enacting words and inserting therein the following:

/ SECTION 1. Chapter 75, Title 15 of the 1976 Code is amended by adding:

"Section 15-75-45. (A) Absent an agreement providing otherwise, a person engages in the theft of health care services if the person:

(1) intentionally or knowingly secures performance of a health care service with the intent to avoid payment for the service;

(2) knows the health care service is provided only for compensation;

(3) secures performance of the health care service for himself or another for whom the person is a guardian or an agent by:

(a) deception, threat, or false document; or

(b) agreeing to provide compensation and, after the health care service is rendered, failing to make payment after receiving notice demanding payment.

(B) For purposes of this section, intent to avoid payment is presumed if the person expressly refused to pay for the health care service in circumstances where payment is ordinarily made immediately upon the service being rendered.

(C) If payment is not made when the health care services are provided, notice of payment due must be sent by the health care service provider by registered or certified mail, return receipt requested, to the address of record for the person who received the services, or who is a guardian or an agent for the person who received the services. Written notice, which is a separate from the regular billing notices provided by the health care provider, given in accordance with this subsection, is presumed to be received no later than ten days after it was sent unless returned by the post office.

(D) When a person fails to pay within ninety days for health care services rendered , a cause of action is created for actual damages for nonpayment of services rendered. The health care service provider bringing an action against a person for failure to pay for services is entitled to allege liquidated damages in accordance with the following:

(1) for a first occurrence by a person, actual damages plus ten percent of actual damages;

(2) for a second occurrence by the same person, actual damages plus twenty percent of actual damages; or

(3) for a third or subsequent occurrence by the same person, actual damages plus thirty percent of actual damages.

(E) It is a defense to an action brought pursuant to this section that:

(1) the defendant secured the performance of the health care service by giving a postdated check to the person performing the service and the person performing the service or any other person presented the check for payment before the date on the check;

(2) the services were not rendered in a competent manner by the health care provider or the health care provider's services fail to meet the accepted standard of care for similar health care service providers; or

(3) the services were covered under a health care insurance plan and payment owed by the health care insurance company has not yet been received by the health care provider for the services provided to the person.

(F) A health care service provider who accepts a down payment for compensation in order to perform health care services for a person and fails to perform the services is subject to a cause of action for reimbursement of the down payment made and is also subject to allege liquidated damages in accordance with the following:

(1) for a first occurrence by the health care service provider, actual reimbursement plus ten percent of actual reimbursement;

(2) for a second occurrence by the same health care service provider, actual reimbursement plus twenty percent of actual reimbursement; or

(3) for a third or subsequent occurrence by the same health care service provider, actual reimbursement plus thirty percent of actual reimbursement.

(G) Any inconsistent provision of this section will not supercede any provisions of the South Carolina High Cost and Consumer Loans Act, Sections 37-23-10, et seq."

SECTION 2. This act takes effect upon approval by the Governor and applies for health care service contracts rendered on and after the effective date. /

Renumber sections to conform.

Amend title to conform.

Senator WALDREP explained the amendment.

The amendment was adopted.

Senators GLOVER, FORD, RICHARDSON, HUTTO, MALLOY, LAND, WALDREP and LEATHERMAN proposed the following amendment (JUD4721.009), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/ SECTION 1. Chapter 75, Title 15 of the 1976 Code is amended by adding:

"Section 15-75-45. (A) Absent an agreement providing otherwise, a person engages in the theft of health care services if the person: (1) intentionally or knowingly secures performance of a health care service which is provided only for compensation; (2) has received insurance proceeds or payment from a third party for health care services; and (3) does not remit payment to the health care provider as provided in subsection (C).

(B) If payment is not made when the health care services are provided, notice of payment due must be sent by the health care service provider by registered or certified mail, return receipt requested, to the address of record for the person who received the services, or who is a guardian or an agent for the person who received the services. Written notice, which must be separate from the regular billing notices provided by the health care provider, given in accordance with this subsection is presumed to be received no later than ten days after it was sent unless returned by the post office.

(C) When a person fails to pay within ninety days for health care services rendered, a cause of action is created pursuant to subsection (A) for actual damages for nonpayment of services rendered. The health care service provider who brings an action against a person for failure to pay for services as provided in subsection (A) is entitled to allege liquidated damages in accordance with the following:

(1) for a first occurrence by a person, actual damages plus ten percent of actual damages;

(2) for a second occurrence by the same person, actual damages plus twenty percent of actual damages; or

(3) for a third or subsequent occurrence by the same person, actual damages plus thirty percent of actual damages.

(D) It is a defense to an action brought pursuant to this section that:

(4) the notices of payment due are not sent as provided by subsection (B).

(E) A health care service provider who accepts a down payment for compensation in order to perform health care services for a person and fails to perform the services is subject to a cause of action for reimbursement of the down payment made and is also subject to allege liquidated damages in accordance with the following:

(1) for a first occurrence by the health care service provider, actual reimbursement plus ten percent of actual reimbursement;

(2) for a second occurrence by the same health care service provider, actual reimbursement plus twenty percent of actual reimbursement; or

(3) for a third or subsequent occurrence by the same health care service provider, actual reimbursement plus thirty percent of actual reimbursement.

(F) Any inconsistent provision of this section does not supercede any provisions of the South Carolina High Cost and Consumer Loans Act, Sections 37-23-10, et seq."

SECTION 2. This act takes effect upon approval by the Governor and applies to health care services rendered on and after the effective date. /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.

COMMITTEE AMENDMENT AMENDED
READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

H. 4048 (Word version) -- Reps. J.R. Smith, Scarborough, Neilson, Cotty, Anthony, Bailey, Barfield, Cato, Ceips, Clark, Clemmons, Coates, Cooper, Davenport, Duncan, Edge, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hinson, Huggins, Keegan, Leach, Limehouse, Loftis, Lucas, McGee, Owens, Perry, Pinson, E.H. Pitts, Quinn, Rice, Sandifer, Simrill, Sinclair, Skelton, D.C. Smith, W.D. Smith, Stewart, Talley, Thompson, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Wilkins, Witherspoon, Young, Merrill, G.M. Smith, Chellis, Bingham, Bowers, Herbkersman, Littlejohn and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 155 TO TITLE 59 SO AS TO ENACT THE "S.M.A.R.T. (STREAMLINED MANAGEMENT AND ACCOUNTABLE RESOURCES FOR TEACHING) FUNDING IN EDUCATION ACT", TO PROVIDE FOR THE CONSOLIDATION OF STATE SOURCES OF FUNDING FOR K-12 INTO A SINGLE SOURCE FOR ALLOCATION BY EACH LOCAL SCHOOL DISTRICT INTO AREAS IT DETERMINES BEST ACHIEVE ITS OBJECTIVES AND ENHANCE ITS ACCOUNTABILITY, TO PROVIDE THAT THE FUNDING BE MADE BASED ON SIX GENERAL CATEGORIES FOR WHICH THE FUNDS MUST BE USED, AND TO DESCRIBE THAT THE MONIES WHICH FORM THE POOL OF MONIES IN EACH GENERAL CATEGORY MAY BE TRANSFERRED WITH ONE HUNDRED PERCENT FLEXIBILITY AMONG PROGRAMS WITHIN THAT CATEGORY, TO PROVIDE FOR SOME FLEXIBILITY IN DISTRIBUTION OF FUNDING ACROSS CATEGORIES, AND TO PROVIDE THAT THE S.M.A.R.T. FUNDING PROGRAM WILL BE FUNDED BEGINNING JULY 1, 2004.

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

Amendment No. P-1

Senator MATTHEWS proposed the following Amendment P-1 (BBM\10366SJ04), which was adopted:

Amend the Committee on Education amendment bearing document number P:\LEGWORK\SENATE\AMEND\BBM\10358SJ04.DOC, Section 59-155-30(C), as contained in SECTION 2, by deleting subsection (C) in its entirety and inserting:

/ (C) Any grant or technical assistance funds allocated directly to an individual school or school district must not be reduced or reallocated within the school or school district and must be expended by the receiving school or school district only according to the guidelines governing the funds. /

Renumber sections to conform.

Amend title to conform.

Senator MATTHEWS explained the amendment.

The amendment was adopted.

On motion of Senator LEATHERMAN, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.

SECOND READING BILL

The following Bill, having been read the second time, was ordered placed on the Third Reading Calendar:

H. 3831 (Word version) -- Reps. Cato, Chellis, Coates, Cobb-Hunter, Edge, Emory, Harrison, Huggins, Limehouse, Sandifer, J.E. Smith, Talley and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 15, TITLE 56 SO AS TO REQUIRE CERTAIN APPLICANTS FOR AN INITIAL NONFRANCHISE AUTOMOBILE DEALER LICENSE TO COMPLETE CERTAIN 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.

H. 3831--Ordered to a Third Reading

On motion of Senator GROOMS, H. 3831 was ordered to receive a third reading on Thursday, June 3, 2004.

AMENDED, READ THE SECOND TIME

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.

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

Senator McCONNELL proposed the following amendment (JUD5094.44), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/ SECTION 1. Subarticle 15, Article 3, Chapter 6, Title 61 of the 1976 Code is amended by adding:

SECTION 2. This act takes effect upon approval by the Governor.

Renumber sections to conform.

Amend title to conform.

Senator RANKIN explained the amendment.

The amendment was adopted.

Senators RITCHIE and McCONNELL proposed the following amendment (MS\7385MM04), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/ SECTION ____ A. Section 61-4-720 of the 1976 Code, as last amended by Act 76 of 2001, is further amended to read:

"Notwithstanding ~~any other~~ another 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. Section 61-4-730 of the 1976 Code, as lat amended by Act 76 or 2001, is further 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~~ Wine must be delivered between 7:00 a.m. and 7:00 p.m." /

Renumber sections to conform.

Amend title to conform.

Senator RANKIN explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

H. 5094--Ordered to a Third Reading

On motion of Senator RANKIN, with unanimous consent, H. 5094 was ordered to receive a third reading on Thursday, June 3, 2004.

AMENDED, READ THE SECOND TIME

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.

Senator DRUMMOND asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

Senators DRUMMOND and O'DELL proposed the following amendment (GJK\21343SD04), which was adopted:

Amend the bill, as and if amended, in Section 2 of Act 1675 of 1972, as contained in SECTION 2 of the bill, by striking / 16.2/ on line 28, page 2 and inserting / 18.5 /

Renumber sections to conform.

Amend title to conform.

Senator DRUMMOND explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

H. 5257--Ordered to a Third Reading

On motion of Senator DRUMMOND, with unanimous consent, H. 5257 was ordered to receive a third reading on Thursday, June 3, 2004.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

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.

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

Senators FAIR and GROOMS proposed the following amendment (SWB\6039CM04), which was adopted:

Amend the bill, as and if amended, by striking SECTION 2, page 2 and inserting:

/ SECTION 2. Chapter 15, Title 56 of the 1976 Code is amended by adding:

"Article 4
Nonfranchise Automobile
Dealer Prelicensing

Section 56-15-410. An applicant for an initial nonfranchise automobile dealer license must complete successfully at least eight hours of prelicensing education courses before he may be issued a license. At least one shareholder listed on the application for an initial nonfranchise automobile dealer license must comply with the education requirement contained in this section.

Section 56-15-420. The Department of Public Safety shall promulgate regulations to implement the provisions contained in this article.

Section 56-15-430. The provisions contained in Sections 56-15-410 and 56-15-420 do not apply to a franchised automobile dealer or a nonfranchised automobile dealer owned and operated by a franchised automobile dealer.

Section 56-15-440. The provisions contained in Sections 56-15-410 and 56-15-420 do not apply to a nonfranchised automobile dealer whose primary business objective and substantial business activity is the rental of motor vehicles, regulated by Title 56."

SECTION 3. Sections 56-15-410, 56-15-430, and 56-15-440, added by SECTION 2 of this act take effect on January 1, 2005. Section 56-15-420 added by SECTION 2 of this act and SECTION 1 take effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator GROOMS explained the amendment.

The amendment was adopted.

Senator SHEHEEN proposed the following amendment (3737R001.VAS), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/ SECTION __. A. Section 56-1-130 of the 1976 Code is amended by adding at the end:

"(E) The department shall include a noncommercial classified driver's license to operate or tow a recreational vehicle in excess of twenty-six thousand pounds gross vehicle weight rating or gross combination weight rating which must be indicated by endorsement on the license. An applicant operating a combination recreational vehicle with a gross combination weight rating over twenty-six thousand pounds where the trailing unit is over twelve thousand pounds, must demonstrate the knowledge and ability to tow the recreational vehicle. An applicant operating a self-propelled recreational vehicle must demonstrate the knowledge and ability to operate the recreational vehicle; however, the applicant is not required to demonstrate the ability to tow a passenger motor vehicle or trailer transporting a passenger motor vehicle. An applicant for a license required by this subsection is not required to submit a medical examiner's certificate; however, an applicant must meet the physical and mental requirements for a basic driver's license. For purposes of this subsection, 'recreational vehicle' means a vehicle that is equipped to serve as a temporary living quarters for recreational, camping, or travel purposes and is used solely as a family/personal conveyance.

B. This section takes effect January 1, 2005. /

Renumber sections to conform.

Amend title to conform.

Senator SHEHEEN explained the amendment.

The amendment was adopted.

Senator ELLIOTT proposed the following amendment (SWB\6055CM04), which was tabled:

Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:

/SECTION __. Section 56-10-530 of the 1976 Code as added by Act 154 of 1997 is amended to read:

"Section 56-10-530. When it appears to the director from the records of his office that an uninsured motor vehicle as defined in Section 56-9-20, subject to registration in the State, is involved in a reportable accident in the State resulting in death, injury, or property damage with respect to which motor vehicle the owner thereof has not paid the uninsured motor vehicle fee as prescribed in Section 56-10-510, the director shall, in addition to enforcing the applicable provisions of Section 56-10-10, et seq. of this chapter, suspend such owner's driver's license and all of his license plates and registration certificates until such person has complied with those provisions of law and has paid to the director of the Department of Motor Vehicles a reinstatement fee as provided by Section 56-10-510, to be disposed of as provided by Section 56-10-550, with respect to the motor vehicle involved in the accident and furnishes proof of future financial responsibility in the manner prescribed in Section 56-9-350, et seq. However, no order of suspension required by this section must become effective until the director has offered the person an opportunity for an administrative hearing to show cause why the order should not be enforced. Notice of the opportunity for an administrative hearing may be included in the order of suspension. Notice of such suspension shall be made in the form provided for in Section 56-1-465. However, when three years have elapsed from the effective date of the suspension herein required, the director may relieve such person of the requirement of furnishing proof of future financial responsibility. The presentation by a person subject to the provisions of this section of a certificate of insurance, executed by an agent or representative of an insurance company qualified to do business in this State, showing that on the date and at the time of the accident the vehicle was an insured motor vehicle as herein defined or, presentation by such person of evidence that the additional fee applicable to the registration of an uninsured motor vehicle had been paid to the department before the date and time of the accident, is sufficient bar to the suspension provided for in this section." /

Renumber sections to conform.

Amend title to conform.

Senator ELLIOTT explained the amendment.

Senator HUTTO moved that the amendment be laid on the table.

The amendment was tabled.

There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.

AMENDED, READ THE SECOND TIME

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.

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

Senators GROOMS and BRANTON proposed the following amendment (JUD5358.001), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting therein the following:

/ 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 members as follows: (1) one member of the board shall be appointed from each of the ~~three~~ two school districts in Dorchester County by a majority of the board of trustees of the district from the membership of the board, and these two members shall be voting members but shall serve ex officio; (2) ~~four~~ five members shall be appointed by a majority of the Dorchester County Legislative Delegation. 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. 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.

Senator GROOMS explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

H. 5358--Ordered to a Third Reading

On motion of Senator GROOMS, with unanimous consent, H. 5358 was ordered to receive a third reading on Thursday, June 3, 2004.

AMENDED, ADOPTED

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 proceeded to a consideration of the Resolution, the question being the adoption of the Resolution.

Senator ALEXANDER proposed the following amendment (5384R001.TCA), which was adopted:

Amend the concurrent resolution, as and if amended, by adding a penultimate SECTION to read:

/ Be it further resolved that neither the naming of the portion of United States Highway 76, nor the installation of markers or signs, shall effect the emergency medical services addressing system. /

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the amendment.

The amendment was adopted.

There being no further amendments, the Concurrent Resolution was adopted and ordered returned to the House with amendments.

AMENDMENT TABLED, OBJECTION

H. 4978 (Word version) -- Reps. Townsend, Stille, J.M. Neal, Gilham, Pinson, Lourie and Martin: A BILL TO AMEND SECTION 59-150-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TUITION ASSISTANCE FOR TECHNICAL COLLEGES AND TWO-YEAR INSTITUTIONS, SO AS TO PROVIDE THAT A HIGH SCHOOL STUDENT WHO IS DUALLY ENROLLED IN AN ELIGIBLE TWO-YEAR INSTITUTION IS NOT REQUIRED TO BE DEGREE SEEKING AND IS NOT REQUIRED TO COMPLETE A FREE APPLICATION FOR FEDERAL STUDENT AID (FAFSA) APPLICATION TO QUALIFY AS A FIRST TIME ENTERING FRESHMAN.

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

Amendment No. P2-1

Senator THOMAS proposed the following Amendment P2-1 (4978TH), which was tabled:

Amend the amendment with file name 4978-LAND, as and if amended, by adding an appropriately numbered subsection (B)(3) to read:

/ "(3) Any rollback calculation, in addition to that provided for in section 12-37-251(E) must be applied to millage imposed for capital projects, defined as payments of general obligation debt and payments for real property subject to a lease-purchase agreement or similar financial instrument used to acquire real property. This calculation must provide for a millage rate that produces total capital projects revenue that does not exceed the total of such revenue in the preceding year. This capital projects rollback millage, may be overridden in the manner provided in section 6-1-332(C), mutatis mutandis.

This subsection (3) becomes effective for tax years beginning after 2004."

Amend the amendment further by adding an appropriately numbered SECTION to read:

SECTION __. Section 6-1-320 (D) of the 1976 Code is amended to read:

"(D) The restriction contained in this section does not affect millage that is levied to ~~pay bonded indebtedness or payements for real property purchased using a lease-purchase agreement or used to~~ maintain a reserve account. Nothing in this section prohibits the use of energy-saving performance contracts as provided in Section 48-52-670. In lieu of the other restrictions and methods of overriding those restrictions pursuant to this section, the capital projects rollback millage as provided in Section 12-37-251(E) may be overridden only as provided in subsection (C) of this section, mutatis mutandis.

This section becomes effective for tax years beginning after 2004."

Amend the amendment further by striking subsection(C) and inserting:

Renumber sections to conform.

Amend title to conform.

Senator THOMAS explained the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 25; Nays 17

AYES

Alexander                 Anderson                  Cromer
Drummond                  Elliott                   Ford
Giese                     Glover                    Hayes
Hutto                     Land                      Leatherman
Leventis                  Malloy                    Matthews
McGill                    Moore                     Patterson
Rankin                    Reese                     Ritchie
Setzler                   Sheheen                   Short
Smith, J. Verne

Total--25

NAYS

Branton                   Courson                   Fair
Gregory                   Grooms                    Hawkins
Knotts                    Kuhn                      Martin
McConnell                 Mescher                   Peeler
Ravenel                   Richardson                Ryberg
Thomas                    Verdin

Total--17

Amendment P2-1 was laid on the table.

Senator RYBERG objected to further consideration of the Bill.

Motion to Ratify Adopted

At 3:45 P.M., Senator McCONNELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 4:30 P.M.

There was no objection and a message was sent to the House accordingly.

AMENDED, OBJECTION

H. 4819 (Word version) -- Reps. Govan, Townsend, G. Brown, Clyburn, McLeod, Weeks, Whipper, Moody-Lawrence, Lee, Mack, J.E. Smith, Allen, Branham, Breeland, J. Brown, R. Brown, Clark, Clemmons, Cobb-Hunter, Emory, Gourdine, J. Hines, M. Hines, Hosey, Howard, Littlejohn, Lloyd, Loftis, Mahaffey, J.H. Neal, Parks, Rivers, Rutherford, Scott, Sinclair, F.N. Smith, Snow, Taylor and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 59-29-10 THROUGH 59-29-220 AS ARTICLE 1, GENERAL PROVISIONS, OF CHAPTER 29, TITLE 59; BY ADDING ARTICLE 3 TO CHAPTER 29, TITLE 59 SO AS TO ENACT THE FINANCIAL LITERACY INSTRUCTION ACT OF 2004, TO PROVIDE FOR THE DEVELOPMENT OR ADOPTION OF A CURRICULUM FOR LOCAL SCHOOL BOARDS TO TEACH FINANCIAL LITERACY, AND TO PROVIDE FOR THE ESTABLISHMENT OF A FUND TO RECEIVE PUBLIC AND PRIVATE CONTRIBUTIONS FOR FINANCIAL LITERACY INSTRUCTION.

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

Amendment No. 1

Senators GIESE and KUHN proposed the following Amendment No. 1 (BBM\10357SJ04), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/ SECTION __. Section 59-17-135 of the 1976 Code, as added by Act 4 of 2001, is amended by adding a lettered subsection at the end to read:

"( )(1) Conduct grades are intended to provide parents or guardians with an assessment of student behavior and must not be included as part of a student's transcript or in the compilation of a student's GPA. Each teacher in a public school of this State shall indicate a conduct grade on a student's report card for each subject taught. However, if a teacher provides instruction in more than one subject to the same student, an overall conduct grade may be issued. Conduct grades must be indicated by the letter 'S' for satisfactory, 'N' for needs improvement, or 'U' for unsatisfactory. If a student receives a letter grade of 'N' or 'U', a teacher comment must be provided as an explanation of the grade. Comments for a student receiving a letter grade of 'S' are optional.

(2) Each school or district shall have a conduct grading program in place before the effective date of this subsection and shall have the program reviewed by the State Department of Education, Office of Character Education to determine whether the program meets the intent of this section. Each program is to include measurable objectives for each character trait as provided for in this section." /

Renumber sections to conform.

Amend title to conform.

Senator KUHN explained the amendment.

The amendment was adopted.

Senator FAIR objected to further consideration.

AMENDED, AMENDMENT PROPOSED, OBJECTION

H. 5243 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTION 59-123-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY, SO AS TO PROVIDE FOR THE ISSUANCE OF HOSPITAL REVENUE BONDS IN AN AMOUNT UP TO FIVE MILLION DOLLARS ONLY UPON RESOLUTION OF APPROVAL BY THE STATE BUDGET AND CONTROL BOARD, AND NOT PURSUANT TO OTHER APPROVAL PROCEDURES.

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

Amendment No. 1

Senators BRANTON and GROOMS proposed the following Amendment No. 1 (5243R002.WSB), which was adopted:

Amend the bill, as and if amended, by adding a new SECTION to read:

/ SECTION _____. Chapter 123, Title 59 of the 1976 Code is amended by adding:

"Section 59-123-65. (A) There is created the Medical University of South Carolina Burn Unit Study Committee, which consists of nine members constituted as follows:

(1) Three members must be appointed by the Governor and must have expertise and experience in fields pertinent to the committee's responsibilities and duties;

(2) Three members must be appointed by the President Pro Tempore of the South Carolina Senate and must have expertise and experience in fields pertinent to the committee's responsibilities and duties;

(3) Three members must be appointed by the Speaker of the South Carolina House of Representatives and must have expertise and experience in fields pertinent to the committee's responsibilities and duties;

(4) The committee shall appoint a president from among its membership.

(B) The Medical University of South Carolina Burn Unit Study Committee shall conduct a study of all relevant factors, as determined by the Committee, necessary to prepare a report on the cost and feasibility of creating, staffing, and maintaining a burn unit at the Medical University of South Carolina to serve the citizens of this State. The committee shall complete its study and have its report prepared, in writing, for presentation to the General Assembly no later than January 1, 2005.

Renumber sections to conform.

Amend title to conform.

Senator BRANTON explained the amendment.

The amendment was adopted.

Senator ALEXANDER explained the Bill.

Amendment No. 2

Senators LAND and LEATHERMAN proposed the following Amendment No. 2 (5243-LAND-1):

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/ SECTION __. (A) Title Chapter 71 of Title 59 of the 1976 code is amended by adding the following:

(B) Section 11-27-110 (A) (6) of the 1976 Code is amended to read:

"(6) 'financing agreement' means any contract entered into after December 31, 1995, under the terms of which a governmental entity acquires the use of an asset which provides:

(a) for payments to be made in more than one fiscal year, whether by the stated term of the contract or under any renewal provisions, optional or otherwise; and

Renumber sections to conform.

Amend title to conform.

Senator LAND spoke on the amendment.

Senator LEATHERMAN spoke on the amendment.

Senator BRANTON argued contra to the adoption of the amendment.

Objection

Senator THOMAS asked unanimous consent to take the Bill up for immediate consideration.

Senator MOORE objected.

Senator BRANTON argued contra to the adoption of the amendment.

Senator McCONNELL objected to further consideration of H. 5243.

CARRIED OVER

The following Bill was carried over as follows:

S. 1069 (Word version) -- Senator Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 64 TO TITLE 38 SO AS TO ENACT THE VIATICAL AND LIFE SETTLEMENTS ACT, TO PROVIDE FOR THE PROTECTION OF CONTRACTUAL AND PROPERTY RIGHTS OF A LIFE INSURANCE POLICY OWNER TO SEEK A SETTLEMENT, TO ESTABLISH CONSUMER PROTECTIONS BY PROVIDING FOR THE REGULATION OF A SETTLEMENT TRANSACTION, TO PROVIDE FOR THE LICENSING OF A SETTLEMENT PROVIDER, BROKER, AND OTHERS INVOLVED IN A SETTLEMENT TRANSACTION, TO PROVIDE FOR ANTI-FRAUD MEASURES, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

On motion of Senator McCONNELL, with unanimous consent

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on June 2, 2004, at 5:00 P.M. and the following Acts and Joint Resolutions were ratified:

(R337, S. 90 (Word version)) -- Senators Hayes, Ravenel, Reese and Rankin: AN ACT TO AMEND SECTION 59-18-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DECLARATION OF A STATE OF EMERGENCY IN A SCHOOL DISTRICT RATED UNSATISFACTORY, SO AS TO AUTHORIZE THE STATE SUPERINTENDENT OF EDUCATION, WITH THE APPROVAL OF THE STATE BOARD OF EDUCATION, TO IMPLEMENT A TRAINING PROGRAM FOR THE SCHOOL DISTRICT BOARD OF TRUSTEES AND THE DISTRICT SUPERINTENDENT, TO MEDIATE PERSONNEL MATTERS BETWEEN THE DISTRICT BOARD AND THE DISTRICT SUPERINTENDENT UNDER CERTAIN CONDITIONS, AND TO FURTHER PROVIDE FOR THE STATE SUPERINTENDENT'S AUTHORITY TO FURNISH AN INTERIM REPLACEMENT FOR A DISTRICT SUPERINTENDENT WHOSE OFFICE HAS BEEN DECLARED VACANT BY THE GOVERNOR; TO PROVIDE THAT THE EDUCATION OVERSIGHT COMMITTEE AND THE STATE DEPARTMENT OF EDUCATION SHALL RECRUIT AND TRAIN CITIZENS TO FORM A POOL FOR THE APPOINTMENT OF NONVOTING MEMBERS TO THE DISTRICT BOARD IN A DISTRICT CONSIDERED TO BE UNSATISFACTORY, TO REQUIRE THE DISTRICT BOARD TO MAKE AT LEAST TWO APPOINTMENTS FROM THE POOL TO THE DISTRICT BOARD FOR THE PURPOSE OF REPRESENTING THE INTERESTS OF THE STATE BOARD OF EDUCATION IN A DISTRICT RATED UNSATISFACTORY, AND TO PROVIDE FOR COMPENSATION OF THE NONVOTING MEMBERS.
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(R338, S. 104 (Word version)) -- Senator Mescher: AN ACT TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34 SO AS TO PROVIDE FOR THE STANDARDS, REQUIREMENTS, AND PROCEDURES OF TATTOOING CERTAIN PERSONS UNDER CERTAIN CONDITIONS AND AT CERTAIN LOCATIONS; AND TO AMEND SECTION 16-17-700, RELATING TO TATTOOING, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO TATTOO ANOTHER PERSON UNLESS THE TATTOO ARTIST MEETS THE REQUIREMENTS OF CHAPTER 34 OF TITLE 44.
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(R339, S. 277 (Word version)) -- Senator Hayes: AN ACT TO AMEND SECTION 4-9-195, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A COUNTY TO GRANT SPECIAL PROPERTY TAX ASSESSMENTS TO HISTORIC PROPERTIES AND LOW AND MODERATE INCOME RENTAL PROPERTIES, SO AS TO ESTABLISH CRITERIA BY WHICH A COUNTY MAY OFFER ECONOMIC INCENTIVES FOR RENOVATION AND REHABILITATION OF ARCHITECTURALLY SIGNIFICANT HOMES; AND TO AMEND SECTION 4-10-330, RELATING TO THE BALLOT QUESTION SUBMITTED TO THE QUALIFIED ELECTORS OF A COUNTY FOR THE APPROVAL OF THE IMPOSITION OF A SALES AND USE TAX IN THE COUNTY AND THE PURPOSES FOR WHICH THE PROCEEDS OF THE TAX MAY BE USED, SO AS TO ADD PUBLIC PARKING GARAGES AND RELATED FACILITIES AND BEACH ACCESS AND BEACH RENOURISHMENT FOR WHICH THE PROCEEDS OF THE TAX MAY BE USED.
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(R340, S. 532 (Word version)) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO REGULATE THEIR SALE IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.
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(R341, S. 668 (Word version)) -- Senator Ritchie: AN ACT 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 SECURITIES, OR LETTERS OF CREDIT TO PROTECT THE LOCAL ENTITY AGAINST LOSS, AND TO PROVIDE THE REQUIREMENTS FOR SECURING DEPOSITS THAT EXCEED THE AMOUNT OF INSURANCE COVERAGE PROVIDED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION.
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(R342, S. 759 (Word version)) -- Senators Hayes and Reese: AN ACT TO AMEND CHAPTER 102 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATHLETE AGENTS AND STUDENT ATHLETES, SO AS TO ENACT THE "UNIFORM ATHLETE AGENTS ACT OF 2004", AND TO PROVIDE FOR: DEFINITIONS, APPLICATIONS, REGISTRATION, AND RENEWAL OF REGISTRATION FOR ATHLETE AGENTS, SERVICE OF PROCESS UPON INDIVIDUALS ACTING AS ATHLETE AGENTS IN THIS STATE, DUTIES OF THE DEPARTMENT OF CONSUMER AFFAIRS RELATING TO APPLICATIONS FOR REGISTRATION AND ISSUANCE OF TEMPORARY CERTIFICATES AND CERTIFICATES OF REGISTRATION TO ATHLETE AGENTS, THE NONRENEWAL, SUSPENSION, AND REVOCATION OF CERTIFICATES OF REGISTRATION AFTER NOTICE AND OPPORTUNITY FOR A HEARING, REQUIRED PROVISIONS OF AN AGENCY CONTRACT INCLUDING A WARNING TO STUDENT ATHLETES OF CERTAIN RIGHTS AND CONSEQUENCES OF SIGNING AN AGENCY CONTRACT, CANCELLATION OF AN AGENCY CONTRACT, RETENTION OF CERTAIN RECORDS FOR FIVE YEARS BY AN ATHLETE AGENT AND INSPECTION OF THOSE RECORDS, PROHIBITION OF CERTAIN REPRESENTATIONS BY AN ATHLETE AGENT OR THE FURNISHING OF ANYTHING OF VALUE TO A STUDENT ATHLETE WITH THE INTENT TO INDUCE A STUDENT ATHLETE TO ENTER INTO AN AGENCY CONTRACT, A RIGHT OF ACTION BY AN EDUCATIONAL INSTITUTION AGAINST AN ATHLETE AGENT OR FORMER STUDENT ATHLETE FOR DAMAGES CAUSED BY A VIOLATION OF THIS CHAPTER, AND CIVIL AND CRIMINAL PENALTIES FOR CERTAIN VIOLATIONS OF THIS CHAPTER.
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(R343, S. 767 (Word version)) -- Senators Courson, Cromer, Land, Matthews, Fair, Hawkins, Verdin, Alexander, Anderson, Branton, Elliott, Ford, Giese, Glover, Gregory, Grooms, Hayes, Jackson, Knotts, Kuhn, Malloy, Martin, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Setzler, Short, J. Verne Smith, Waldrep, Thomas, McConnell, Ryberg, Ritchie, Leatherman, Hutto and Leventis: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 25-11-10 THROUGH 25-11-80 AS ARTICLE 1, IN CHAPTER 11 OF TITLE 25 ENTITLED "GENERAL PROVISONS" AND BY ADDING ARTICLE 3, IN CHAPTER 11 OF TITLE 25 SO AS TO ESTABLISH AND PROVIDE FOR THE OPERATIONS AND ADMINISTRATION OF THE SOUTH CAROLINA MILITARY FAMILY RELIEF FUND, TO PROVIDE THE USES OF THE FUND TO AWARD GRANTS TO MILITARY FAMILIES AND PROVIDE THE ELIGIBILITY FOR AND TYPES OF GRANTS THAT MAY BE AWARDED, TO PROVIDE THAT GRANT APPLICATIONS MUST BE MADE TO THE DIVISION OF VETERANS' AFFAIRS IN THE OFFICE OF THE GOVERNOR AND TO PROVIDE FOR THOSE REVENUES TO BE CREDITED TO THIS FUND, AND TO AMEND SECTION 12-6-5060, AS AMENDED, RELATING TO DONATIONS THAT MAY BE MADE BY CHECKOFFS ON THE STATE INDIVIDUAL INCOME TAX RETURN, SO AS TO PROVIDE A CHECKOFF FOR THE SOUTH CAROLINA MILITARY FAMILY RELIEF FUND.
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(R344, S. 791 (Word version)) -- Senator McConnell: AN ACT TO AMEND SECTION 59-150-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOTTERY VENDORS AND RESTRICTIONS ON THESE VENDORS, SO AS TO PROVIDE THAT CERTAIN PROHIBITIONS AND RESTRICTIONS RELATING TO CONTRIBUTIONS AND LOBBYING DO NOT APPLY TO A LOTTERY VENDOR THAT IS A FEDERALLY-CHARTERED OR INSURED FINANCIAL INSTITUTION WHICH PROVIDES ONLY BANKING SERVICES AS A LOTTERY VENDOR, BUT DO APPLY TO THE VENDOR'S EMPLOYEES AND THEIR IMMEDIATE FAMILY MEMBERS WHO ARE INVOLVED ON A DAY-TO-DAY BASIS IN PROVIDING THE GOODS OR SERVICES THAT ARE THE SUBJECT OF THE CONTRACT WITH THE LOTTERY COMMISSION.
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(R345, S. 816 (Word version)) -- Senators Ford and Kuhn: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA STATE HOUSE COMMITTEE TO MODIFY THE MONUMENT ERECTED ON THE GROUNDS OF THE CAPITOL COMPLEX IN RECOGNITION OF THE ACCOMPLISHMENTS OF THE LATE STROM THURMOND, UNITED STATES SENATOR FROM THE PALMETTO STATE, SO AS TO INCLUDE THE NAME OF ESSIE MAE WASHINGTON-WILLIAMS AMONG THE ENGRAVED NAMES OF HIS CHILDREN, TO CHANGE THE NUMBER OF HIS CHILDREN FROM FOUR TO FIVE, AND TO REQUIRE THAT THE MODIFICATION BE FUNDED FROM PRIVATE SOURCES.
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(R346, S. 828 (Word version)) -- Senators Leatherman and Cromer: AN ACT TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS PROVISIONS REGULATING PHARMACIES INCLUDING, AMONG OTHER THINGS, FACILITY REQUIREMENTS AND SUPERVISORY REQUIREMENTS FOR PHARMACISTS AND PHARMACY TECHNICIANS, SO AS TO PROVIDE THAT A PHARMACIST MAY NOT SUPERVISE MORE THAN THREE PHARMACY TECHNICIANS AND THAT THROUGH JUNE 30, 2006, ONE OF THESE THREE TECHNICIANS MUST BE STATE-CERTIFIED AND THAT AFTER JUNE 30, 2006, TWO MUST BE STATE-CERTIFIED, AND IF A PHARMACIST SUPERVISES ONE OR TWO TECHNICIANS, THEY ARE NOT REQUIRED TO BE CERTIFIED.
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(R347, S. 852 (Word version)) -- Senator McGill: AN ACT TO AMEND SECTIONS 9-1-10 AND 9-11-10, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE POLICE OFFICERS RETIREMENT SYSTEM, RESPECTIVELY, SO AS TO PROVIDE THAT THE DEFINITION OF "PUBLIC SERVICE" INCLUDES PAID SERVICE RENDERED AS AN EMPLOYEE OF A POSTSECONDARY PUBLIC TECHNICAL COLLEGE OR PUBLIC JUNIOR COLLEGE, OR A PUBLIC FOUR-YEAR OR POSTGRADUATE INSTITUTION OF HIGHER EDUCATION, WHILE THE MEMBER WAS A STUDENT AT THAT INSTITUTION AND TO AMEND SECTIONS 9-1-1020, AND 9-11-210, BOTH A AMENDED, RELATING TO MEMBER CONTRIBUTIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO CLARIFY THE CONTRIBUTION REQUIREMENTS ON UNUSED ANNUAL LEAVE AND THE USE OF SUCH PAYMENTS IN CALCULATING AVERAGE FINAL COMPENSATION.
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(R348, S. 869 (Word version)) -- Senator J. Verne Smith: AN ACT TO AMEND CHAPTER 35, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF LONG TERM HEALTH CARE ADMINISTRATORS, SO AS TO SPECIFY EXPERIENCE REQUIRED TO QUALIFY FOR LICENSURE AS A NURSING HOME OR COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATOR, TO PROHIBIT LICENSURE OF A PERSON WHO HAS BEEN CONVICTED OF A CRIME RELATED TO THE PRACTICE OF NURSING HOME OR COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATION, TO DELETE SPECIFIC FEES AND REQUIRE FEES TO BE PROMULGATED IN REGULATION, TO FURTHER SPECIFY ACTS OF MISCONDUCT, TO SPECIFY THE AMOUNT OF CIVIL FINES THAT MAY BE IMPOSED GENERALLY AND SPECIFICALLY FOR UNLAWFUL PRACTICE, TO FURTHER PROVIDE FOR THE REGULATION OF NURSING HOME AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, AND TO MAKE TECHNICAL CORRECTIONS.
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(R349, S. 891 (Word version)) -- Senator Richardson: AN ACT TO AMEND SECTION 38-73-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAKING OF RATES FOR CASUALTY INSURANCE, SO AS TO ADD TO THE CRITERIA THAT CONSIDERATION MUST BE GIVEN TO ASSESSMENTS, SUCH AS THE GUARANTY FUND, WIND AND HAIL JOINT UNDERWRITING ASSOCIATION, AND SIMILAR MECHANISMS WHEN MAKING THE RATES; AND TO AMEND SECTION 38-73-920, RELATING TO THE REQUIREMENT THAT THE INSURER MAY MAKE OR ISSUE A CONTRACT OR POLICY ONLY ON RATES WHICH ARE IN EFFECT, SO AS TO PROVIDE THAT PROPOSED RATE CHANGES WHERE THE SOLE FACTOR FOR THE CHANGE IS THE IMPACT OF A REVISED ASSESSMENT DOES NOT CONSTITUTE A RATE INCREASE FOR PURPOSES OF THIS SECTION, AND TO PROVIDE THAT NO RATE INCREASE BASED UPON AN ASSESSMENT MAY BECOME EFFECTIVE UNLESS THE ASSESSMENT HAS BEEN PAID.
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(R350, S. 1043 (Word version)) -- Senator McConnell: AN ACT TO AMEND SECTION 31-12-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISSOLUTION OF A MILITARY FACILITIES REDEVELOPMENT AUTHORITY, SO AS TO PROVIDE THAT AN ADOPTED REDEVELOPMENT PLAN AND TAX INCREMENT FINANCE OBLIGATIONS ADOPTED PURSUANT TO THE PLAN REMAIN IN PLACE UPON THE DISSOLUTION OF THE AUTHORITY UNTIL ADOPTION OF A MUNICIPAL ORDINANCE FINALLY DISSOLVING THE TAX ALLOCATION FUND AND TERMINATING THE REDEVELOPMENT PROJECT AREA; TO AMEND SECTION 31-12-210, AS AMENDED, RELATING TO THE ISSUANCE OF OBLIGATIONS FOR A MILITARY FACILITIES REDEVELOPMENT PROJECT BY A MUNICIPALITY, SO AS TO PROVIDE THAT THE OBLIGATIONS MAY BE ISSUED WITHIN FIFTEEN YEARS OF THE MUNICIPALITY'S CONCURRENCE IN THE REDEVELOPMENT PLAN; TO AMEND SECTION 31-12-270, AS AMENDED, RELATING TO THE ADOPTION OF AN ORDINANCE BY A MUNICIPALITY CONCURRING IN THE MILITARY FACILITIES REDEVELOPMENT PLAN, SO AS TO PROVIDE FOR THE TIME PERIOD BY WHICH AN ORDINANCE MUST BE ADOPTED IN WHICH THE TAX ALLOCATION FUND IS DISSOLVED AND THE REDEVELOPMENT PROJECT AREA'S DESIGNATION IS TERMINATED; TO AMEND SECTION 31-12-290, AS AMENDED, RELATING TO THE TAX ALLOCATION FUND AND THE CARRY FORWARD OF UNEXPENDED FUNDS, SO AS TO PROVIDE THAT FUNDS CARRIED FORWARD MAY BE USED ON MILITARY FACILITIES REDEVELOPMENT PROJECT COSTS; AND TO AMEND SECTION 31-12-300, AS AMENDED, RELATING TO THE CERTIFICATION OF THE TOTAL INITIAL EQUALIZED ASSESSED VALUE OF TAXABLE PROPERTY WITHIN A MILITARY FACILITIES REDEVELOPMENT PROJECT AREA, SO AS TO PROVIDE FOR TIME PERIODS BY WHICH THE VALUE MUST BE DETERMINED AND TO REQUIRE COOPERATION AMONG OFFICIALS IN MAKING THAT DETERMINATION.
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(R351, S. 1120 (Word version)) -- Senator Moore: AN ACT TO AMEND ARTICLE 7, CHAPTER 6, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECOGNITION AND DESIGNATION OF FEDERALLY QUALIFIED HEALTH CENTERS AND RURAL HEALTH CLINICS, SO AS TO ADD RURAL HOSPITALS TO THIS RECOGNITION AND DESIGNATION AND TO DEFINE RURAL HOSPITALS.
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(R352, S. 1133 (Word version)) -- Senator Waldrep: AN ACT TO AMEND SECTIONS 59-26-30 AND 59-26-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO TEACHER ASSESSMENTS AND TEACHER CERTIFICATION, SO AS TO CHANGE REFERENCES FROM STUDENT TEACHERS TO TEACHER CANDIDATES, TO REMOVE PROVISIONAL CONTRACTS FROM THE TYPES OF CONTRACTS UNDER WHICH TEACHERS MAY BE EMPLOYED, TO PROVIDE THAT CONTINUING CONTRACT TEACHERS MUST BE EVALUATED ON A CONTINUOUS BASIS, TO PROVIDE WHEN A TEACHER MAY RECEIVE DIAGNOSTIC ASSISTANCE, AND TO FURTHER PROVIDE FOR THE REQUIREMENTS OF ANNUAL CONTRACT TEACHERS.
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(R353, S. 1146 (Word version)) -- Senator Peeler: AN ACT TO AMEND ARTICLE 1, CHAPTER 61, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY MEDICAL SERVICE, SO AS TO DEFINE CERTAIN ADDITIONAL TERMS, CHANGE THE PROCEDURE FOR SUSPENSION OR REVOCATION OF A LICENSE OR A PERMIT, PROVIDE CERTAIN ACTS FOR WHICH A SERVICE MAY BE FINED, PROVIDE CERTAIN CRIMES THAT IF COMMITTED REQUIRE THE DENIAL OF CERTIFICATION, PROVIDE INSTANCES OF MISCONDUCT AND THE SUSPENSION OF A CERTIFICATE PENDING INVESTIGATION OF A COMPLAINT OF MISCONDUCT, PROVIDE FOR AN ADDITIONAL EXEMPTION, CHANGE REFERENCES TO REGULATIONS, PROVIDE FOR CONFIDENTIALITY OF PATIENT CARE RECORDS, CLARIFY LANGUAGE, AND REVISE REFERENCES.
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(R354, S. 1195 (Word version)) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO HIGHER EDUCATION EXCELLENCE ENHANCEMENT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2904, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R355, S. 1207 (Word version)) -- Senator Hayes: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO REVISE THE 2004 INDEX OF TAXPAYING ABILITY FOR PURPOSES OF ADJUSTING FOR A VALUATION ERROR IN ROCK HILL SCHOOL DISTRICT THREE OF YORK COUNTY.
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(R356, H. 3409 (Word version)) -- Reps. Clemmons, Altman, Bailey, Chellis, Clark, Edge, Keegan, Lloyd, Mahaffey, M.A. Pitts, Viers, Martin and Miller: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-35-175 SO AS TO PROVIDE A PROCESS FOR ESTABLISHING FIREWORKS PROHIBITED ZONES WITHIN COUNTIES AND MUNICIPALITIES; AND TO AMEND SECTION 15-78-60, RELATING TO EXCEPTIONS TO THE WAIVER OF IMMUNITY UNDER THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO EXEMPT LOCAL GOVERNING BODIES FROM LIABILITY FOR LOSS FROM GRANTING OR DENYING AN APPLICATION FOR EXTENDING A FIREWORKS PROHIBITED ZONE.
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(R357, H. 3482 (Word version)) -- Reps. Bingham, Trotter, M.A. Pitts, Umphlett, Taylor, E.H. Pitts, Simrill, Huggins, Owens, Bailey, Hinson, Rice, Cato, Young, Hagood, Loftis, Ceips, Toole, Altman, White, G.R. Smith, Barfield, Chellis, Clemmons, Cooper, Duncan, Merrill, Scarborough, Ott and Quinn: AN ACT TO AMEND ARTICLE 1, CHAPTER 23, TITLE 16 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF THE POSSESSION AND CARRYING OF PISTOLS, SO AS TO CHANGE THE TERM "PISTOL" TO "HANDGUN" AND TO CLARIFY AND ADD EXCEPTIONS TO THE PROHIBITION AGAINST CARRYING HANDGUNS, INCLUDING EXCEPTIONS IN PLACES OF BUSINESS UNDER CERTAIN CONDITIONS, AN EXCEPTION WHEN TRANSFERRING A HANDGUN BETWEEN A VEHICLE AND A LOCATION WHERE IT MAY BE LEGALLY POSSESSED, AND AN EXCEPTION FOR A CLOSED CONTAINER ON A MOTORCYCLE; AND TO AMEND SECTION 16-23-420, AS AMENDED, RELATING TO THE OFFENSE OF CARRYING A FIREARM ONTO PRIVATE OR PUBLIC SCHOOLS AND COLLEGES AND OTHER PUBLIC BUILDINGS, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO POSSESS A FIREARM ON SUCH PROPERTY.
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(R358, H. 3989 (Word version)) -- Reps. Rhoad and Witherspoon: AN ACT TO AMEND SECTION 50-5-1506, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISHING FOR SHAD FOR COMMERCIAL PURPOSES IN THE ATLANTIC OCEAN, SO AS TO CLOSE THE SEASON, AND TO PROVIDE THAT THERE BE NO LAWFUL TIMES, METHODS, AND EQUIPMENT, OR SIZE AND TAKE LIMITS FOR SHAD IN THE ATLANTIC OCEAN BEGINNING JULY 1, 2004.
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(R359, H. 4004 (Word version)) -- Reps. Hinson, Gourdine, Merrill, Umphlett and McLeod: AN ACT TO AMEND SECTION 43-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS IN THE OMNIBUS ADULT PROTECTION ACT, SO AS TO REVISE THE DEFINITION OF "EXPLOITATION" TO INCLUDE CAUSING A VULNERABLE ADULT TO PURCHASE GOODS OR SERVICES FOR THE PROFIT OR ADVANTAGE OF ANOTHER USING UNDUE INFLUENCE, HARASSMENT, DURESS, COERCION, OR SWINDLING.
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(R360, H. 4320 (Word version)) -- Rep. McLeod: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CLASSIFICATION OF PROPERTY AND APPLICABLE ASSESSMENT RATIOS FOR PURPOSES OF PROPERTY TAX, SO AS TO DELETE THE SPECIFIC LIMIT OF TEN SHAREHOLDERS FOR A CORPORATION TO BE ELIGIBLE FOR A FOUR PERCENT ASSESSMENT RATIO ON ITS AGRICULTURAL REAL PROPERTY AND PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW THE MAXIMUM NUMBER OF SHAREHOLDERS FOR A CORPORATION TO BE ELIGIBLE FOR SUCH AN ASSESSMENT RATIO.
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(R361, H. 4454 (Word version)) -- Reps. Vaughn, Altman, Leach and Mahaffey: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-140 SO AS TO PROVIDE THAT FOR CERTAIN POLITICAL SUBDIVISIONS OF THIS STATE THAT WERE CREATED TO OPERATE HOSPITALS ON A LOCAL OR REGIONAL BASIS, THE ABILITY TO CALL FOR OR CONDUCT ADVISORY REFERENDA REGARDING THEIR ACTIVITIES SHALL REST SOLELY WITH THE GOVERNING BOARD OF THE POLITICAL SUBDIVISION AND THE GOVERNMENTAL BODIES WHICH APPOINT THE BOARD, INCLUDING A COUNTY LEGISLATIVE DELEGATION.
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(R362, H. 4481 (Word version)) -- Reps. Ceips, Harvin, Altman, G.M. Smith, Vaughn, Weeks, Clark, Gilham, Walker, Duncan, Coates, Stille, Bailey, Haskins, Richardson, Mahaffey, Lourie, Loftis, Lloyd, Leach, Keegan, Hinson, Herbkersman, Young, Wilkins, Umphlett, Snow, J.E. Smith, Skelton, Scarborough, Sandifer, Rivers, M.A. Pitts, Harrell, Edge, Cotty, G. Brown, Chellis, J. Brown and Cato: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, 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.
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(R363, H. 4645 (Word version)) -- Reps. Littlejohn, Davenport, Mahaffey, W.D. Smith, Talley and Walker: AN ACT TO AMEND ACT 1 OF 2001, RELATING TO SUPPLEMENTAL APPROPRIATIONS FOR A PARTICULAR YEAR AND CAPITAL IMPROVEMENT BOND AUTHORIZATIONS, AMONG OTHER THINGS, SO AS TO REVISE THE PURPOSE FOR WHICH CAPITAL IMPROVEMENT BOND AUTHORIZATIONS FOR USC-SPARTANBURG AND WILLIAMSBURG TECHNICAL COLLEGE MAY BE USED AND TO REDUCE THE AMOUNT OF CAPITAL IMPROVEMENT BONDS AUTHORIZED IN ACTS 646 OF 1978, 179 OF 1981, AND 638 OF 1988, FOR THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS.
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(R364, H. 4688 (Word version)) -- Reps. Davenport, Martin, Altman, Bailey, Barfield, Branham, Cato, Clark, Clyburn, Coates, J. Hines, M. Hines, Kirsh, Moody-Lawrence, Rivers, Scarborough, Sinclair, Snow, Stille and Tripp: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-55 SO AS TO PROVIDE THAT A PERSON SHALL NOT ISSUE OR SELL A GIFT CERTIFICATE WHICH PROVIDES THAT THE CERTIFICATE EXPIRES BEFORE THE FIRST ANNIVERSARY OF THE DATE ON WHICH THE CERTIFICATE IS ISSUED OR SOLD, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT A CONDITION RELATING TO THE USE OF A GIFT CERTIFICATE MUST BE STATED CLEARLY ON THE CERTIFICATE, ENVELOPE, COVERING, OR RECEIPT, IF THE CONDITION PROVIDES THAT THE CERTIFICATE DECREASES IN VALUE OVER A PERIOD OF TIME OR THAT A FEE IS CHARGED AGAINST THE BALANCE OF THE CERTIFICATE AFTER A CERTAIN PERIOD OF TIME.
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(R365, H. 4697 (Word version)) -- Reps. Witherspoon, Rhoad, Hayes, Bailey, Battle, Coates, Davenport, Edge, Keegan, Leach, Limehouse, Loftis, McCraw and Stewart: AN ACT TO AMEND SECTION 16-11-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL CUTTING, REMOVING, OR TRANSPORTING OF TIMBER WITHOUT PERMISSION, SO AS TO FURTHER PROVIDE FOR THE UNLAWFUL CUTTING, REMOVING, ACQUIRING, OR TRANSPORTING OF FOREST PRODUCTS WITHOUT PERMISSION AND TO REVISE THE PENALTIES FOR VIOLATIONS BASED IN PART ON THE VALUE OF THE FOREST PRODUCTS INVOLVED; AND BY ADDING SECTION 48-23-265 SO AS TO PROVIDE THAT A PERSON WHO PURCHASES FOREST PRODUCTS DIRECTLY FROM A LANDOWNER POSSESSING LANDS IN THIS STATE OR A PERSON WHO HAS RECEIVED PAYMENT FROM A SALE OF FOREST PRODUCTS TO A THIRD PARTY MUST MAKE FULL PAYMENT TO THE LANDOWNER IN THE MANNER PROVIDED IN THIS SECTION, TO PROVIDE EXCEPTIONS AND PROCEDURAL REQUIREMENTS, TO PROVIDE THAT FAILURE TO REMIT PAYMENT AS REQUIRED SUBJECTS THE VIOLATOR TO CRIMINAL PENALTIES FOR VIOLATIONS, TO PROVIDE THAT WHERE THE VALUE OF THE FOREST PRODUCTS EXCEEDS FIVE THOUSAND DOLLARS, EQUIPMENT AND VEHICLES USED TO ACQUIRE OR CUT THE FOREST PRODUCTS ARE SUBJECT TO CONFISCATION AND FORFEITURE, AND TO PROVIDE THAT THE COURT SHALL ORDER RESTITUTION AS A MANDATORY CONDITION OF THE SENTENCE IMPOSED.
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(R366, H. 4708 (Word version)) -- Rep. Hayes: AN ACT TO AMEND SECTIONS 59-53-510, AS AMENDED, 59-53-520, 59-53-530, AND 59-53-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE NORTHEASTERN TECHNICAL COLLEGE AREA COMMISSION, SO AS TO INCLUDE DILLON COUNTY IN THE COUNTIES IN WHICH PROGRAMS OF VOCATIONAL AND TECHNICAL EDUCATION ARE ADMINISTERED, TO INCLUDE DILLON COUNTY IN THE COUNTIES IN WHICH THE COMMISSION MAY ACQUIRE ADDITIONAL SITES FOR CONSTRUCTION OF APPROPRIATE FACILITIES, TO PROVIDE THAT THE COMMISSION MAY EXPEND FUNDS DERIVED FROM BONDS ISSUED BY DILLON COUNTY, TO PROVIDE THAT COPIES OF THE AUDIT OF THE COMMISSION'S ACCOUNTS MUST BE DELIVERED TO THE LEGISLATIVE DELEGATIONS AND GOVERNING BODIES OF DILLON COUNTY; AND TO REPEAL SECTION 59-53-550 RELATING TO THE BUDGET OF THE NORTHEASTERN TECHNICAL COLLEGE AREA COMMISSION.
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(R367, H. 4756 (Word version)) -- Reps. Jennings, Lucas, Freeman, Neilson, Trotter, Frye and Rhoad: AN ACT TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING SEASONS FOR SMALL GAME, SO AS TO REVISE CERTAIN SEASONS FOR HUNTING SQUIRREL IN SPECIFIED GAME ZONES; TO AMEND SECTION 50-11-140, AS AMENDED, RELATING TO THE UNLAWFUL TAKING OF CERTAIN SMALL GAME WHEN THEY MAY BE HUNTED WITHOUT WEAPONS, SO AS TO INCLUDE SQUIRRELS, AND TO PERMIT THE MITIGATION TRUST FUND TO DISBURSE FUNDS TO THE SOUTH CAROLINA CENTER FOR BIRDS OF PREY TO FUND CONSTRUCTION OF THE AVIAN CONSERVATION CENTER.
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(R368, H. 4758 (Word version)) -- Reps. Richardson, Simrill, Altman, Bales, Battle, Emory, Kirsh, Lee, Littlejohn, McCraw, McGee, Owens, Scarborough, Vaughn and Young: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 42 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR THE ISSUANCE OF CAROLINA PANTHERS SPECIAL LICENSE PLATES.
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(R369, H. 4767 (Word version)) -- Reps. J.E. Smith, Harrison, Scott and Whipper: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-175 SO AS TO REQUIRE THAT THE BOARD OF VOTER REGISTRATION IN EACH COUNTY PROVIDE VOTER REGISTRATION APPLICATION FORMS TO THE ADMINISTRATION OF ANY HIGH SCHOOL UPON THE ADMINISTRATION'S REQUEST; AND BY ADDING SECTION 59-39-200 SO AS TO REQUIRE EACH HIGH SCHOOL TO MAKE AVAILABLE TO ITS STUDENTS VOTER REGISTRATION APPLICATION FORMS AND PROVIDE THAT THE FORMS BE PROVIDED TO HIGH SCHOOL ADMINISTRATORS UPON THEIR REQUEST TO THE APPROPRIATE COUNTY VOTER REGISTRATION BOARD OR THE ENTITY CHARGED BY LAW WITH REGISTERING AN ELECTOR.
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(R370, H. 4798 (Word version)) -- Rep. Townsend: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-19-265 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ACCEPT ELECTRONICALLY FILED LIEN INFORMATION FOR NEWLY ACQUIRED VEHICLES, VEHICLES ALREADY TITLED, AND LIEN RELEASES, TO PROVIDE A FEE FOR COMMERCIAL PARTIES WHO TRANSMIT OR RETRIEVE DATA FROM THE DEPARTMENT, AND TO PROVIDE FOR THE COLLECTION AND DISBURSEMENT OF THIS FEE.
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(R371, H. 4838 (Word version)) -- Reps. Hamilton, Bailey, Cooper, Duncan, Edge, Huggins, Limehouse, E.H. Pitts, Scott, Snow, Walker, M. Hines, Hinson, Martin, Parks, Clemmons and Barfield: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 46 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR THE ISSUANCE OF "HOMEOWNERSHIP: THE AMERICAN DREAM" SPECIAL LICENSE PLATES.
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(R372, H. 4848 (Word version)) -- Reps. McCraw, Phillips, Ceips, Clark, Cobb-Hunter, Duncan, Emory, Freeman, Gourdine, Hagood, J. Hines, M. Hines, Hosey, Leach, Limehouse, Moody-Lawrence, Perry, Rice, Scarborough, Sinclair, Skelton, D.C. Smith, G.R. Smith, J.R. Smith, Clemmons, W.D. Smith, Barfield, Snow, Stille, Taylor and Tripp: AN ACT TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 74 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY ISSUE VIETNAM WAR VETERANS SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF THE FEES COLLECTED FOR THIS SPECIAL LICENSE PLATE.
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(R373, H. 4885 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR INITIAL CERTIFICATION AT THE ADVANCED LEVEL, DESIGNATED AS REGULATION DOCUMENT NUMBER 2877, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R374, H. 4901 (Word version)) -- Reps. Ceips, Rivers, Gilham, Herbkersman and Lloyd: AN ACT TO AMEND CHAPTER 3, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 54-3-700 SO AS TO PROVIDE THAT THE STATE PORTS AUTHORITY IS NOT REQUIRED TO OPERATE A MARINE TERMINAL AT PORT ROYAL, TO PROVIDE THAT MARINE OPERATIONS SHALL CEASE AS SOON AS PRACTICABLE, TO PROVIDE FOR THE SALE OF PROPERTY AT PORT ROYAL AT FAIR MARKET VALUE, TO REQUIRE SUCH REAL PROPERTY TO BE APPRAISED AND TO SPECIFY CREDENTIALS OF THE APPRAISER AND THE SCOPE OF THE APPRAISAL, TO REQUIRE THE SALE TO COMPLY WITH STATE PROCEDURES, AND TO PROVIDE FOR THE DISPOSITION OF THE PROCEEDS FROM THE SALE OF THE PROPERTY, INCLUDING ALLOCATING TO THE TOWN OF PORT ROYAL UP TO FIVE PERCENT OF THE NET PROCEEDS FOR INFRASTRUCTURE NEEDS.
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(R375, H. 4935 (Word version)) -- Rep. Richardson: AN ACT TO AMEND SECTION 56-3-8600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF DUCKS UNLIMITED SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT THIS LICENSE PLATE MAY BE ISSUED TO ANY OWNER OF CERTAIN PRIVATE PASSENGER-CARRYING MOTOR VEHICLES INSTEAD OF ONLY TO MEMBERS OF DUCKS UNLIMITED, TO PROVIDE THAT THE DUCKS UNLIMITED STATE COMMITTEE EMBLEM, SEAL, OR SYMBOL MAY BE IMPRINTED ON THE LICENSE PLATES, TO PROVIDE THAT THE LICENSE PLATES MUST BE ISSUED BIENNIALLY, AND TO REVISE THE FEE FOR THE LICENSE PLATE AND ITS DISTRIBUTION.
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(R376, H. 4980 (Word version)) -- Rep. Witherspoon: AN ACT TO AMEND SECTION 47-4-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CERTIFICATE OF VETERINARY INSPECTION FOR OUT-OF-STATE LIVESTOCK OR POULTRY ENTERING THIS STATE, AND THE QUARANTINE OF UNCERTIFIED ANIMALS, SO AS TO PROVIDE THAT THE DIRECTOR OF THE DIVISION OF LIVESTOCK-POULTRY HEALTH MAY AUTHORIZE EQUINE INTERSTATE EVENT PERMITS THAT MUST INCLUDE A CERTIFICATE OF VETERINARY INSPECTION, ANIMAL IDENTIFICATION, AND A CURRENT NEGATIVE COGGINS TEST.
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(R377, H. 4981 (Word version)) -- Rep. Witherspoon: AN ACT TO AMEND SECTION 47-17-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM PROVISIONS REQUIRING MEAT INSPECTION, SO AS TO FURTHER PROVIDE FOR THE EXEMPTION FROM INSPECTION REQUIREMENTS IN REGARD TO THE SLAUGHTER OF LIVESTOCK OF A PRODUCER'S OWN RAISING FOR HIS OWN USE.
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(R378, H. 5020 (Word version)) -- Reps. Cato, Wilkins and Sandifer: AN ACT TO AMEND SECTION 48-52-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GUARANTEED ENERGY SAVINGS CONTRACTS, SO AS TO PROVIDE THAT THESE CONTRACTS SHALL BE KNOWN AS GUARANTEED ENERGY, WATER, OR WASTEWATER SAVINGS CONTRACTS AND TO FURTHER PROVIDE FOR THE REQUIREMENTS, TERMS, AND CONDITIONS OF THESE CONTRACTS.
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(R379, H. 5088 (Word version)) -- Reps. Anthony, Jennings and Simrill: AN ACT 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 CERTAIN CLASS "B" FIREWORKS USED FOR DISPLAY OR AGRICULTURAL PURPOSES WHICH ARE 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.
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(R380, H. 5136 (Word version)) -- Rep. Littlejohn: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CEASE ISSUING NEW AMBULANCE LICENSES FOR MORE THAN ONE HUNDRED TWENTY DAYS OR UNTIL THE DEPARTMENT HAS THE NECESSARY PERSONNEL TO ENFORCE EXISTING LICENSURE REQUIREMENTS, TO PROVIDE AN EXCEPTION IF A DEMONSTRATED NEED EXISTS, AND TO PROVIDE LICENSURE RENEWAL REQUIREMENTS.
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(R381, H. 5139 (Word version)) -- Reps. Lloyd, Bowers and R. Brown: AN ACT TO AMEND SECTION 7-7-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN COLLETON COUNTY, SO AS TO PROVIDE THAT THE POLLING PLACES FOR THESE PRECINCTS MUST BE DETERMINED BY THE COLLETON COUNTY BOARD OF ELECTION AND VOTER REGISTRATION WITH THE APPROVAL OF A MAJORITY OF THE COLLETON COUNTY LEGISLATIVE DELEGATION.
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(R382, H. 5242 (Word version)) -- Rep. Chellis: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-235 SO AS TO ALTER THE LINES OF DORCHESTER AND CHARLESTON COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO DORCHESTER COUNTY AND MAKE PROVISIONS FOR LEGAL RECORDS.
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(R383, H. 5244 (Word version)) -- Rep. Barfield: AN ACT TO ENACT THE HORRY COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION, FOLLOWING REFERENDUM APPROVAL, OF A SALES AND USE TAX IN HORRY COUNTY NOT TO EXCEED ONE PERCENT FOR NOT MORE THAN TEN YEARS FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION.
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HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS

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".

The House returned the Bill with amendments.

Senator VERDIN asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill, the question being concurrence in the House amendments.

Senator VERDIN proposed the following amendment (848R004.DBV), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/ SECTION 1. Section 56-5-170 of the 1976 Code is amended to read:

"Section 56-5-170. Fire department vehicles, police vehicles, ambulances and rescue squad vehicles which are publicly owned, other emergency vehicles designated by the department or the chief of police of a municipality, and public and private vehicles while transporting individuals actually engaged in emergency activities because of the membership of one or more occupants of a fire department, police department or rescue squad are 'authorized emergency vehicles'.

(A) Authorized emergency vehicles for purposes of this section include the following:

(1) fire department vehicles;

(2) police vehicles;

(3) ambulances and rescue squad vehicles which are publicly owned;

(4) vehicles of coroners and deputy coroners of the forty-six counties as designated by the coroners;

(5) emergency vehicles designated by the fire department or the chief of police of a municipality;

(6) county government litter enforcement vehicles used by certified law enforcement Class 3 litter control officers;

(7) Department of Natural Resources vehicles, federal natural resources vehicles, and forestry commission vehicles when being used in the performance of law enforcement duties;

(8) public and private vehicles while transporting individuals actually engaged in emergency activities because one or more occupants belong to a fire department, volunteer fire department, police department, sheriff's office, authorized county government litter enforcement office, rescue squad, or volunteer rescue squad;

(9) county or municipal government jail or corrections vehicles used by certified jail or corrections officers, and emergency vehicles designated by the Director of the South Carolina Department of Corrections;

(10) vehicles designated by the Commissioner of the Department of Health and Environmental Control when being used in the performance of law enforcement or emergency response duties; and

(11) federal law enforcement, military, and emergency vehicles.

(B) Only authorized emergency vehicles and private security patrol vehicles regulated by the State Law Enforcement Division are allowed use or display of any blue lights or red lights. This includes light bars and smaller lights such as dash, deck, or visor lights. To 'display' means to be seen, whether activated or not.

(C) A vehicle shall not display the word 'police' unless it is an authorized emergency vehicle for use only by sworn police or other officers who are approved and certified by the South Carolina Criminal Justice Academy.

(D) The provisions of this section do not apply to automobile dealerships, to police equipment suppliers that sell, deliver, or equip police vehicles to or for a law enforcement agency, to vehicles owned solely as collector's items and used only for participation in club activities, exhibits, tours, parades, and similar uses, or to persons designated by an agency owning such a vehicle to drive the vehicle or drive an auxiliary vehicle transporting such a vehicle."

SECTION 2. This act takes effect upon approval of the Governor./

Renumber sections to conform.

Amend title to conform.

Senator VERDIN explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was ordered returned to the House with amendments.

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS

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.

The House returned the Bill with amendments.

Senators LEATHERMAN and SMITH proposed the following amendment (897R001.HKL), which was adopted:

Amend the bill, as and if amended, by striking the bill in its entirety and inserting the following:

/ 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.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Chapter 9, Title 6 of the 1976 Code is amended by adding:

"Section 6-9-55. Any modifications to the building codes authorized by Section 6-9-50, adopted pursuant to Section 6-9-40, are incorporated into those codes and do not require readoption by the council in subsequent editions of the codes, provided the code section has not been amended in the latest edition. However, a code modification may be reconsidered each time new editions are published."

SECTION 2. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was ordered returned to the House with amendments.

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS

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.

The House returned the Bill with amendments.

Senator MARTIN proposed the following amendment (548R001.LAM), which was adopted:

Amend the bill, as and if amended, page 1, by striking line 31 and inserting:

/ South Carolina Law Enforcement Accreditation Council./

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was ordered returned to the House with amendments.

Motion Adopted
Local Confirmation Requested

On motion of Senator ELLIOTT, on behalf of the Marlboro Delegation, with unanimous consent, the appointment of Mrs. Gail R. McInnis of 1622 Tatum Highway, Clio, S.C. 29525, magistrate from Marlboro County, if received from the Governor before Sine Die adjournment, and meeting all necessary Senate requirements, would be confirmed.

LOCAL APPOINTMENTS
Confirmations

Having received a favorable report from the Allendale County Delegation, the following appointments were confirmed in open session:

Initial Appointment, Savannah River Site Redevelopment Authority, with term to commence October 21, 2000, and to expire October 21, 2004

Allendale County

Anne C. Carrmichael, Dean, USC - Salkehatchie, P. O. Box 617, Allendale, S.C. 29810 VICE Heather Lea Simmons-Jones (resigned)

Reappointment, Savannah River Site Redevelopment Authority, with term to commence October 21, 2004, and to expire October 21, 2008

Allendale County

Anne C. Carrmichael, Dean, USC - Salkehatchie, P. O. Box 617, Allendale, S.C. 29810

Reappointment, Allendale County Master-in-Equity, with term to commence December 31, 2002, and to expire December 31, 2008

Hon. Walter H. Sanders, Jr., Walter H. Sanders, Jr., P. A., P. O. Box 840, Fairfax, S.C. 29827

Having received a favorable report from the Anderson County Delegation, the following appointments were confirmed in open session: