Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Psalm 138:7: "Though I walk in the midst of trouble, you preserve my life."
Let us pray. Almighty God, grant untiring conviction and unrestrained energy to all who work in this House. Help us to see beyond the obstructions and differences which divide, to the oneness we share in our service to the people. Grant our Nation, President, State and her leaders Your grace and blessings. Keep our defenders of freedom safe in Your care. O Lord, hear our prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. BARFIELD moved that when the House adjourns, it adjourn in memory of Lee Johnson of Aynor, which was agreed to.
The following was received:
Columbia, S.C., April 25, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Hayes, Short and Rankin of the Committee of Conference on the part of the Senate on H. 3155:
H. 3155 (Word version) -- Reps. Townsend, Wilkins, Walker, Littlejohn, Battle, Clark, Cobb-Hunter, Simrill, Sandifer, Haley, Brady, Hagood, Talley, G. R. Smith and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 59 TO TITLE 59 SO AS TO ENACT THE SOUTH CAROLINA EDUCATION AND ECONOMIC DEVELOPMENT ACT WHICH PROVIDES FOR THE DEVELOPMENT OF A CURRICULUM ORGANIZED AROUND A CAREER CLUSTER SYSTEM THAT MUST PROVIDE STUDENTS WITH BOTH STRONG ACADEMICS AND REAL-WORLD PROBLEM-SOLVING SKILLS; TO AMEND SECTION 59-17-135, RELATING TO CHARACTER EDUCATION, SO AS TO FURTHER PROVIDE FOR THE TRAITS WHICH MUST BE INCORPORATED INTO SCHOOL BOARD POLICIES ADDRESSING CHARACTER EDUCATION; TO AMEND SECTION 59-18-900, AS AMENDED, RELATING TO SCHOOL REPORT CARDS, SO AS TO EXPAND THE CONTENT OF THE REPORT CARD TO INCLUDE, DROPOUT REDUCTION DATA; AND TO REPEAL ACT 450 OF 1994 AND SECTION 59-52-95 RELATING TO THE SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994.
Very respectfully,
President
Received as information.
On motion of Rep. LEACH, with unanimous consent, the following were taken up for immediate consideration and accepted:
January 20, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Department of Mental Health, the Members of the South Carolina House of Representatives are invited to a luncheon. This event will be held on Tuesday, May 3, 2005, beginning at 12:30 p.m.
Sincerely,
Alyce McEachern
Public Information Coordinator
April 19, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the National Multiple Sclerosis Society, Mid Atlantic Chapter, the Members of the South Carolina House of Representatives are invited to a breakfast. This event will be held on Thursday, May 19, 2005, from 8:00 a.m. until 9:30 a.m. in Room 221 of the Blatt Building.
Sincerely,
Krista Lewis
SC Program Director
The following was received and referred to the appropriate committee for consideration:
Document No. 2961
Agency: Department of Labor, Licensing and Regulation - Board of Dentistry
Statutory Authority: 1976 Code Sections 40-1-40 and 40-15-40
Guidelines for Sedation and General Anesthesia
Received by Speaker of the House of Representatives
March 14, 2005
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration July 12, 2005 (Subject to Sine Die Revision)
Document No. 2927
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 40-25-10, et seq.
The Practice of Selling and Fitting Hearing Aids
Received by Speaker of the House of Representatives
January 20, 2005
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration June 4, 2005 (subject to sine die revision)
Withdrawn and Resubmitted April 20, 2005
Document No. 2903
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 48-1-10, et seq.
Total Maximum Daily Loads for Pollutants in Water
Received by Speaker of the House of Representatives
May 18, 2004
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration April 27, 2005 Withdrawn and Resubmitted March 11, 2005
Document No. 2965
Agency: Department of Insurance
Statutory Authority: 1976 Code Sections 38-3-110, 38-55-50, 38-73-320; 1-23-10, et seq.
Agent Fees for DMV Compliance
Received by Speaker of the House of Representatives
March 15, 2005
Referred to Labor, Commerce and Industry Committee
Permanently Withdrawn April 25, 2005
The following was introduced:
H. 3974 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE THE TEMPLE ZION BAPTIST CHURCH OF COLUMBIA ON THE OCCASION OF ITS HISTORIC ONE HUNDREDTH ANNIVERSARY, AND COMMEND THE CHURCH FOR ONE HUNDRED YEARS OF SERVICE TO THE COMMUNITY.
The Resolution was adopted.
The following was introduced:
H. 3975 (Word version) -- Rep. Agnew: A CONCURRENT RESOLUTION TO CONGRATULATE THE BOONESBOROUGH TOWNSHIP HISTORICAL SOCIETY UPON THE COMPLETION OF THE RESTORATION OF THE TEMPLETON-DRAKE LOG CABIN IN DONALDS, SOUTH CAROLINA, AND TO COMMEND THE MEMBERS OF THE SOCIETY FOR THEIR IMPORTANT WORK IN PRESERVING THE HERITAGE OF ABBEVILLE AND ANDERSON COUNTIES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 696 (Word version) -- Senators Sheheen, Elliott, Lourie, Malloy, McConnell, Moore, Thomas, Land, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Leatherman, Leventis, Martin, Matthews, McGill, Mescher, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Ryberg, Scott, Setzler, Short, J. V. Smith, Verdin and Williams: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE AT THE AMTRAK STATION ON U.S. HIGHWAY 1 IN FRONT OF THE AMERICAN LEGION BUILDING IN CAMDEN THE "DONALD HARRY HOLLAND BRIDGE" IN HONOR OF THE LATE SENATOR DONALD HOLLAND OF KERSHAW.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 780 (Word version) -- Senators Moore, Sheheen, Anderson, Drummond, Elliott, Ford, Hutto, Land, Lourie, Malloy, Matthews, Patterson, Pinckney, Setzler, Short, Williams and Martin: A CONCURRENT RESOLUTION TO URGE GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES, TO TAKE SWIFT AND APPROPRIATE ACTION ON VITAL TRADE MATTERS THAT INFLUENCE THE NATION'S AND THE STATE OF SOUTH CAROLINA'S ABILITY TO COMPETE AND GROW ECONOMICALLY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3976 (Word version) -- Reps. Harrison and Wilkins: A BILL TO AMEND CHAPTER 11, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING ARTICLE 3 SO AS TO PROVIDE PROCEDURES FOR RIGHT TO CURE NONRESIDENTIAL CONSTRUCTION DEFECTS BEFORE A CIVIL ACTION OR OTHER REMEDY PROVIDED BY LAW OR CONTRACT MAY BE INSTITUTED OR CONTINUED.
Referred to Committee on Judiciary
H. 3977 (Word version) -- Reps. Thompson, Simrill, Sandifer, Cobb-Hunter, Wilkins, Leach, Hosey, Altman, Emory, Hamilton, Harrison, Lucas, Martin, McGee, Merrill, J. M. Neal, Ott, Perry, M. A. Pitts, Scarborough, G. R. Smith, Taylor, Townsend, White and Whitmire: A BILL TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY BY ADDING CHAPTER 23, SO AS TO ESTABLISH THE LAW ENFORCEMENT TRAINING COUNCIL, TO ESTABLISH A PROGRAM OF TRAINING FOR LAW ENFORCEMENT OFFICERS AND OTHER PERSONS EMPLOYED IN THE CRIMINAL JUSTICE SYSTEM, AND TO PROVIDE THAT THE COUNCIL SHALL OVERSEE THE ACTIVITIES OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY; TO AMEND SECTION 6-11-340, RELATING TO PROTECTION OF SPECIAL PURPOSE DISTRICTS, SO AS TO SUBSTITUTE "CRIMINAL JUSTICE ACADEMY" FOR "CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY"; TO AMEND SECTION 23-28-30, AS AMENDED, RELATING TO TRAINING COURSES FOR RESERVE OFFICERS, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL" FOR "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY"; TO AMEND SECTION 23-28-40, AS AMENDED, RELATING TO TRAINING PROVIDED FOR RESERVE OFFICERS, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL" FOR "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY" AND "TRAINING COUNCIL" FOR "TRAINING ADVISORY COUNCIL"; TO AMEND SECTION 23-47-20, AS AMENDED, RELATING TO 911 SYSTEM REQUIREMENTS, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL (CRIMINAL JUSTICE ACADEMY)" FOR "CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY" AND "LAW ENFORCEMENT TRAINING COUNCIL" FOR "DEPARTMENT OF PUBLIC SAFETY"; AND TO AMEND SECTION 40-18-30, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL" FOR "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY" AND TO REPEAL ARTICLE 9, CHAPTER 6, TITLE 23, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY'S DIVISION OF TRAINING AND CONTINUING EDUCATION.
Referred to Committee on Judiciary
H. 3978 (Word version) -- Rep. Witherspoon: A BILL TO AMEND TITLE 48, CHAPTER 27, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING AND REGULATION OF FORESTERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40, TO FURTHER PROVIDE FOR AND CLARIFY PROFESSIONAL FORESTRY STANDARDS AND PRACTICES, TO REVISE PROCEDURES FOR LICENSING OF FORESTRY PROFESSIONALS, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3979 (Word version) -- Rep. Barfield: A BILL TO AMEND SECTIONS 56-3-1110 AND 56-3-1120, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES TO WARTIME DISABLED VETERANS, SO AS TO PROVIDE THAT A SPECIAL LICENSE PLATE MAY BE ISSUED TO A WARTIME DISABLED VETERAN WHO ALSO IS THE RECIPIENT OF THE PURPLE HEART, AND TO PROVIDE THAT THE DISTINCTIVE PURPLE HEART INSIGNIA BE IMPRINTED ON IT.
Referred to Committee on Education and Public Works
H. 3984 (Word version) -- Reps. Leach, Haskins, G. M. Smith, Harrison, Wilkins, Altman, Merrill, Frye, Cotty, Chellis, Huggins, Whitmire, Brady, Clark, Duncan, Ballentine, Limehouse, Pinson, Haley, Toole, Bailey, Ceips, Hagood, Harrell, Herbkersman, J. Hines, Hinson, Kirsh, Littlejohn, Mahaffey, McGee, Perry, E. H. Pitts, Sandifer, Scarborough, Simrill, Sinclair, D. C. Smith, G. R. Smith, J. R. Smith, Talley, Taylor, Thompson, Vaughn, Viers and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-100 SO AS TO REQUIRE MAGISTRATES, MUNICIPAL COURT JUDGES, FAMILY COURT JUDGES, AND CIRCUIT COURT JUDGES TO RECEIVE CONTINUING LEGAL EDUCATION ON ISSUES CONCERNING DOMESTIC VIOLENCE; BY ADDING SECTION 20-4-65 SO AS TO PROVIDE THAT A PERSON SEEKING AN ORDER OF PROTECTION FROM DOMESTIC ABUSE IS NOT REQUIRED TO PAY A FILING FEE; BY ADDING SECTION 23-1-240 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER CONVICTED OF A CRIMINAL DOMESTIC VIOLENCE OFFENSE MUST BE TERMINATED FROM HIS EMPLOYMENT; TO AMEND SECTION 16-25-20, AS AMENDED, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES, SO AS TO INCREASE THE PENALTIES AND FINES FOR A PERSON WHO COMMITS CRIMINAL DOMESTIC VIOLENCE WHO HAS A PRIOR CONVICTION FOR CRIMINAL DOMESTIC VIOLENCE OR CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND FOR A PERSON WHO COMMITS CRIMINAL DOMESTIC VIOLENCE WHO HAS TWO PRIOR CONVICTIONS FOR CRIMINAL DOMESTIC VIOLENCE OR CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE WITHIN THE PREVIOUS TEN YEARS; TO AMEND SECTION 16-25-65, AS AMENDED, RELATING TO CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE, SO AS TO ADD THAT A PERSON IS GUILTY OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE IF THE PERSON INTENTIONALLY COMMITS AN ASSAULT AND BATTERY IN THE PHYSICAL PRESENCE OF A MINOR CHILD AND TO ADD A MANDATORY MINIMUM SENTENCE OF ONE YEAR TO THE PENALTIES PROVIDED FOR A VIOLATION OF THIS SECTION; TO AMEND SECTION 17-22-90, RELATING TO AGREEMENTS REQUIRED OF OFFENDERS PARTICIPATING IN THE PRETRIAL INTERVENTION PROGRAM, SO AS TO REQUIRE A PERSON TO AGREE IN WRITING TO SUCCESSFULLY COMPLETE A BATTERER'S TREATMENT PROGRAM IF THE OFFENSE IS FIRST OFFENSE CRIMINAL DOMESTIC VIOLENCE; TO AMEND SECTION 20-4-40, AS AMENDED, RELATING TO A PETITION FOR AN ORDER OF PROTECTION, SO AS TO PROVIDE IF A PETITION FOR RELIEF IS FILED AND A DIVORCE OR SEPARATE SUPPORT AND MAINTENANCE ACTION IS PENDING OR SUBSEQUENTLY FILED, THE COURT SHALL PROCEED WITH THE PETITION FOR RELIEF INDEPENDENT FROM THE ACTION FOR DIVORCE OR SEPARATE SUPPORT AND MAINTENANCE; TO AMEND SECTION 22-5-530, AS AMENDED, RELATING TO DEPOSITS IN LIEU OF RECOGNIZANCE, SO AS TO PROVIDE FOR AN INDIVIDUALIZED HEARING AND NOTICE TO THE VICTIM WHEN A PERSON IS CHARGED WITH A CRIMINAL DOMESTIC VIOLENCE OFFENSE; TO AMEND SECTION 22-5-910, AS AMENDED, RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO PROVIDE THAT A FIRST OFFENSE CRIMINAL DOMESTIC VIOLENCE OFFENSE MAY BE EXPUNGED AFTER FIVE YEARS RATHER THAN THREE YEARS FROM THE DATE OF CONVICTION; AND TO AMEND SECTION 56-7-15, AS AMENDED, RELATING TO THE USE OF THE UNIFORM TRAFFIC TICKET, SO AS TO PROVIDE THAT AN OFFICER SHALL IMMEDIATELY COMPLETE AND FILE AN INCIDENT REPORT AFTER ARRESTING A PERSON FOR A CRIMINAL DOMESTIC VIOLENCE OFFENSE.
On motion of Rep. HARRISON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 57 (Word version) -- Senators Sheheen, Elliott and Ford: A BILL TO AMEND SECTION 56-3-1910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE TAGS TO CERTAIN HANDICAPPED PERSONS, SO AS TO DELETE THE TERM "LICENSE TAG" AND REPLACE IT WITH THE TERM "LICENSE PLATE", AND TO REVISE THE CRITERIA FOR THE ISSUANCE OF THE LICENSE PLATE; TO AMEND SECTION 56-3-1950, AS AMENDED, RELATING TO THE DEFINITION OF THE TERM "HANDICAPPED", AND THE REQUIREMENT THAT A LICENSED PHYSICIAN SHALL CERTIFY THAT A PERSON'S TOTAL AND PERMANENT DISABILITY SUBSTANTIALLY IMPAIRS HIS ABILITY TO WALK, SO AS TO REVISE THE DEFINITION OF THE TERM "HANDICAPPED" AND TO DELETE THE PROVISION RELATING TO THE CERTIFICATION OF A PERSON WHO IS TOTALLY AND PERMANENTLY DISABLED; TO AMEND SECTION 56-3-1960, AS AMENDED, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS, AND THE ISSUANCE AND DISPLAY OF HANDICAPPED LICENSE PLATES AND PLACARDS, SO AS TO DELETE THE PROVISION THAT PROVIDES FOR THE ISSUANCE OF HANDICAPPED LICENSE PLATES, AND TO REVISE THE PROVISIONS REGARDING THE CONTENT, ISSUANCE PROCEDURE, AND DISPLAY OF HANDICAPPED PLACARDS; TO AMEND SECTION 56-3-1965, RELATING TO MUNICIPALITIES DESIGNATING PARKING SPACES FOR HANDICAPPED PERSONS, SO AS TO REVISE THE PROCEDURES THAT ALLOW A HANDICAPPED PERSON TO PARK IN METERED OR TIMED PARKING PLACES WITHOUT BEING SUBJECT TO PARKING FEES OR FINES; AND TO AMEND SECTION 56-3-1971, AS AMENDED, RELATING TO THE ISSUANCE OF A UNIFORM PARKING VIOLATION TICKET, SO AS TO ALLOW CERTAIN VOLUNTEERS TRAINED BY A LAW ENFORCEMENT AGENCY TO ISSUE THESE TICKETS.
Referred to Committee on Education and Public Works
S. 138 (Word version) -- Senator Hayes: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 10 TO PROVIDE FOR THE REGISTRATION AND LICENSING OF ALL-TERRAIN VEHICLES.
Referred to Committee on Education and Public Works
S. 161 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 61-4-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SALE OF BEER OR WINE TO A MINOR SO AS TO PROVIDE THAT, IN ADDITION TO EXISTING PENALTIES, A PERSON WHO IS CONVICTED OF VIOLATING THIS SECTION FOR A THIRD OR SUBSEQUENT OFFENSE SHALL HAVE HIS DRIVER'S LICENSE SUSPENDED FOR THIRTY DAYS, NO PART OF WHICH MAY BE SUSPENDED BY THE COURT.
Referred to Committee on Judiciary
S. 353 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 15, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PILOTS AND PILOTAGE, SO AS TO REVISE THE JURISDICTION OF THE COMMISSIONERS OF PILOTAGE FOR CHARLESTON AND GEORGETOWN AND PROVIDE THAT THESE ARE THE ONLY COMMISSIONERS OF PILOTAGE IN THIS STATE, AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH COMMISSIONERS ARE SELECTED AND OPERATE AND PILOTS ARE LICENSED, TRAINED, AND REGULATED.
Referred to Committee on Labor, Commerce and Industry
S. 370 (Word version) -- Senator Hawkins: A BILL TO AMEND TITLE 7, CHAPTER 17 OF THE 1976 CODE, RELATING TO CERTIFICATES AND RECORDS OF RESULTS OF ELECTIONS BY ADDING SECTION 7-17-275, TO PROVIDE FOR AN AWARD FOR COSTS AND ATTORNEY FEES ASSOCIATED WITH AN ELECTION PROTEST; AND TO AMEND TITLE 7, CHAPTER 25 RELATED TO OFFENSES AGAINST THE ELECTION LAWS BY ADDING SECTION 7-25-210 TO PROVIDE FOR QUALIFIED CIVIL IMMUNITY FOR POLL WORKERS.
Referred to Committee on Judiciary
S. 466 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 56-3-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PERSONALIZED LICENSE PLATES BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT PERSONALIZED LICENSE PLATES ISSUED TO MEMBERS OF FEDERAL COMMISSIONS AND BOARDS EXPIRE JANUARY THIRTY-FIRST EACH YEAR IN WHICH A NEW SESSION OF THE GENERAL ASSEMBLY BEGINS.
Referred to Committee on Education and Public Works
S. 558 (Word version) -- Senators Knotts, Cromer and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-13-35 SO AS TO PROVIDE A METHOD FOR REVISING THE NUMBER OF BOARD APPOINTMENTS FOR DISTRICTS HAVING IN EXCESS OF ONE THOUSAND RESIDENTIAL CUSTOMERS; AND TO REPEAL ACT 379 OF 2004 RELATING TO THE ESTABLISHMENT OF THE GILBERT-SUMMIT RURAL COMMUNITY WATER DISTRICT IN LEXINGTON COUNTY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 578 (Word version) -- Senators Martin and Ford: A BILL TO AMEND SECTION 14-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF THE COMPUTER BY A COUNTY FOR DRAWING AND SUMMONING JURORS, SO AS TO PROVIDE THAT PHYSICAL PRESENCE OF JURY COMMISSIONERS IS NOT REQUIRED, THE DRAWING AND SUMMONING MUST TAKE PLACE PUBLICLY IN THE OFFICE OF THE CLERK OF COURT, AND THE SUPREME COURT SHALL DIRECT BY ORDER APPROPRIATE PROCEDURES REQUIRED TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
Referred to Committee on Judiciary
S. 596 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 56-7-10, AS AMENDED, RELATING TO THE USE OF THE UNIFORM TRAFFIC TICKET BY ALL LAW ENFORCEMENT OFFICERS, SO AS TO DELETE THE PROVISION THAT ALLOWS A LAW ENFORCEMENT AGENCY TO AUTOMATE THE ISSUANCE OF A UNIFORM TICKET IF APPROVED BY THE DEPARTMENT, AND PROVIDE THAT A LAW ENFORCEMENT AGENCY MAY UTILIZE COMPUTERS AND OTHER ELECTRONIC DEVICES TO ISSUE UNIFORM TRAFFIC CITATIONS AND STORE INFORMATION RESULTING FROM THE ISSUANCE OF A TRAFFIC CITATION IF THIS METHOD OF ISSUING A CITATION HAS BEEN APPROVED BY THE DEPARTMENT OF PUBLIC SAFETY; AND TO AMEND SECTION 56-7-30, AS AMENDED, RELATING TO THE PRINTING, ORDERING, AND PURCHASING OF UNIFORM TRAFFIC TICKETS, AND THE FILING OF THE VARIOUS COPIES OF THE TICKET WITH THE APPROPRIATE AGENCIES, SO AS TO PROVIDE THE PROCEDURE THAT A LAW ENFORCEMENT AGENCY THAT ISSUES UNIFORM TRAFFIC TICKETS IN AN ELECTRONIC FORMAT MUST DISTRIBUTE COPIES OF THE TICKET TO VARIOUS ENTITIES.
Referred to Committee on Judiciary
S. 597 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-19-480, AS AMENDED, RELATING TO THE TRANSFER AND SURRENDER OF MOTOR VEHICLE CERTIFICATES OF TITLE, LICENSE PLATES, REGISTRATION CARDS, AND MANUFACTURERS' SERIAL PLATES OF VEHICLES SOLD AS SALVAGE, ABANDONED, SCRAPPED, OR DESTROYED, SO AS TO MAKE A TECHNICAL CHANGE, TO DELETE THE TERM "SALVAGED" AND REPLACE IT WITH THE TERM "TOTAL LOSS CLAIM", TO PROVIDE THAT THE PERCENTAGE OF THE TOTAL LOSS CLAIM MUST BE RECORDED ON THE TITLE NEXT TO THE BRAND OF "TOTAL LOSS CLAIM", AND TO DELETE THE PROVISION THAT A "VEHICLE DECLARED TO BE A TOTAL LOSS" IS SYNONYMOUS TO A "WRECKED VEHICLE" AND A "SALVAGE VEHICLE".
Referred to Committee on Education and Public Works
S. 607 (Word version) -- Senators Lourie, J. V. Smith, Anderson, Hayes, Land, Malloy, Ford, Elliott, Richardson, Matthews, Patterson, Grooms, McConnell, Short, Williams, Cleary, Leventis, Martin, Hutto, Scott, Thomas and Jackson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 7 TO TITLE 37 SO AS TO PROVIDE FOR THE LICENSING AND REGULATION OF CONSUMER CREDIT COUNSELING IN THIS STATE BY THE DEPARTMENT OF CONSUMER AFFAIRS INCLUDING DEFINITIONS, LICENSING REQUIREMENTS, A WRITTEN CONTRACT, A THOROUGH BUDGET ANALYSIS, A TRUST ACCOUNT WITH AT LEAST QUARTERLY ACCOUNTINGS TO THE CONSUMER, A SURETY BOND, A LIMITATION ON FEES, REPORTS TO THE DEPARTMENT, A LIST OF PROHIBITED ACTIVITIES, CIVIL AND CRIMINAL PENALTIES FOR A VIOLATION, AND MAKING A VIOLATION AN UNFAIR TRADE PRACTICE SUBJECT TO THE UNFAIR TRADE PRACTICES ACT.
Referred to Committee on Labor, Commerce and Industry
S. 654 (Word version) -- Senators Campsen, Peeler, Drummond, O'Dell, Knotts, Verdin, McGill, Cromer, Bryant, Mescher, Hawkins, Scott, Elliott and Fair: A BILL TO AMEND SECTION 23-31-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION THAT A PERSON MUST COMPLETE WHEN HE PURCHASES A PISTOL AND CERTAIN RESTRICTIONS PLACED ON A PERSON WHO PURCHASES A PISTOL, SO AS TO DELETE THE PROVISION THAT REQUIRES A PERSON TO COMPLETE THE APPLICATION, AND TO MAKE TECHNICAL CHANGES; AND TO AMEND SECTION 23-31-150, RELATING TO THE ISSUANCE, DURATION, CONDITIONS PLACED ON, AND FORFEITURE OF A FIREARMS RETAIL DEALER'S LICENSE, SO AS TO DELETE THE PROVISION THAT REQUIRES A RECORD TO BE MADE OF EVERY PISTOL SOLD ON A FIREARM TRANSACTION RECORD FORM, TO DELETE THE PROVISION THAT REQUIRES A DEALER TO MAKE AVAILABLE FOR INSPECTION BY THE STATE LAW ENFORCEMENT DIVISION ALL RECORDS HE IS REQUIRED TO MAINTAIN, AND TO DELETE THE PROVISION THAT PENALIZES A LICENSED DEALER FOR GIVING FALSE INFORMATION ON AN APPLICATION FOR PURCHASE OR TRANSFER OF A FIREARM.
Referred to Committee on Judiciary
S. 659 (Word version) -- Senators Campsen, Scott, Alexander, Ryberg, J. V. Smith, Mescher, Drummond, Knotts, Malloy, Bryant, Elliott, Grooms, Cromer, Hutto, Sheheen, Pinckney, Verdin, Short, Leventis, Hawkins, Fair, O'Dell, McGill and Peeler: A BILL TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO REVISE THE PROCEDURES TO RENEW A CONCEALABLE WEAPONS PERMIT.
Referred to Committee on Judiciary
S. 660 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 40-3-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE REQUIREMENTS FOR ARCHITECTS, SO AS TO DELETE PROVISIONS PROVIDING PARTIAL CREDIT TO APPLICANTS FOR THOSE EXAMINATION SUBJECT AREAS PASSED.
Referred to Committee on Labor, Commerce and Industry
S. 681 (Word version) -- Senators Moore, Sheheen and Ford: A BILL TO AMEND SECTION 8-13-1300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF CAMPAIGN FINANCE CONTRIBUTION, SO AS TO PROVIDE THAT CONTRIBUTIONS EXPENDED TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE 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; AND TO FURTHER DEFINE "CONTRIBUTION".
Referred to Committee on Judiciary
S. 764 (Word version) -- Senator Short: A BILL TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION OF CHESTER COUNTY, TO ABOLISH THE ELECTION COMMISSION AND THE REGISTRATION BOARD FOR CHESTER COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE ELECTION COMMISSION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE CHESTER COUNTY ELECTION COMMISSION AND THE CHESTER COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW CHESTER COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION ARE APPOINTED, AT WHICH TIME THE TERMS OF THE MEMBERS OF THE ELECTION COMMISSION AND REGISTRATION BOARD SHALL EXPIRE.
On motion of Rep. DELLENEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following was introduced:
H. 3980 (Word version) -- Rep. Viers: A HOUSE RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO ABOLISH THE DEATH TAX IMMEDIATELY AND PERMANENTLY.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3981 (Word version) -- Rep. Viers: A HOUSE RESOLUTION REQUESTING THE SENATE OF THE UNITED STATES TO SUPPORT AND QUICKLY CONFIRM ALL NOMINEES OF PRESIDENT GEORGE W. BUSH TO THE UNITED STATES SUPREME COURT.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3982 (Word version) -- Rep. Viers: A HOUSE RESOLUTION TO MEMORIALIZE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO PASS SOCIAL SECURITY PERSONAL RETIREMENT ACCOUNTS.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3983 (Word version) -- Rep. Viers: A HOUSE RESOLUTION TO REQUEST OUR ELECTED REPRESENTATIVES AND SENATORS IN THE UNITED STATES CONGRESS TO END THE ABUSE OF TORT LAWS AGAINST THE FIREARMS INDUSTRY.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Allen Altman Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey McCraw McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Owens Perry Phillips E. H. Pitts M. A. Pitts Rhoad Rice Rivers Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Vick Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon
I came in after the roll call and was present for the Session on Tuesday, April 26.
Lewis E. Pinson William Bowers Anne Parks Jerry Govan Brenda Lee Becky Martin
The SPEAKER granted Rep. YOUNG a leave of absence for today and tomorrow due to a death in the family.
The SPEAKER granted Rep. HARVIN a leave of absence for the week due to illness.
The SPEAKER granted Rep. STEWART a leave of absence due to business reasons.
Rep. VIERS signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, April 19.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3604 (Word version)
Date: ADD:
04/26/05 OWENS
Bill Number: H. 3742 (Word version)
Date: ADD:
04/26/05 CHELLIS
Bill Number: H. 3305 (Word version)
Date: ADD:
04/26/05 CHELLIS
Bill Number: H. 3301 (Word version)
Date: ADD:
04/26/05 TALLEY
Bill Number: H. 3932 (Word version)
Date: ADD:
04/26/05 CHELLIS
Bill Number: H. 3885 (Word version)
Date: ADD:
04/26/05 CHELLIS
Bill Number: H. 3264 (Word version)
Date: ADD:
04/26/05 LIMEHOUSE
Bill Number: H. 3301 (Word version)
Date: ADD:
04/26/05 NEILSON
Bill Number: H. 3301 (Word version)
Date: ADD:
04/26/05 BALES
Bill Number: H. 3724 (Word version)
Date: ADD:
04/26/05 BOWERS
Bill Number: H. 3725 (Word version)
Date: ADD:
04/26/05 MCLEOD
Bill Number: H. 3305 (Word version)
Date: ADD:
04/26/05 WHIPPER
Bill Number: H. 3405 (Word version)
Date: REMOVE:
04/26/05 HERBKERSMAN
Bill Number: H. 3296 (Word version)
Date: ADD:
04/26/05 MAHAFFEY
Bill Number: H. 3513 (Word version)
Date: ADD:
04/26/05 MAHAFFEY
Bill Number: H. 3235 (Word version)
Date: ADD:
04/26/05 MAHAFFEY
Bill Number: H. 3674 (Word version)
Date: ADD:
04/26/05 MAHAFFEY
Bill Number: H. 3742 (Word version)
Date: ADD:
04/26/05 MAHAFFEY
Bill Number: H. 3301 (Word version)
Date: ADD:
04/26/05 MAHAFFEY
Bill Number: H. 3305 (Word version)
Date: ADD:
04/26/05 MAHAFFEY
Bill Number: H. 3638 (Word version)
Date: ADD:
04/26/05 MAHAFFEY
Bill Number: H. 3827 (Word version)
Date: ADD:
04/26/05 MAHAFFEY
Bill Number: H. 3615 (Word version)
Date: ADD:
04/26/05 MAHAFFEY
Bill Number: H. 3777 (Word version)
Date: ADD:
04/26/05 MAHAFFEY
Bill Number: H. 3222 (Word version)
Date: ADD:
04/26/05 MAHAFFEY
Bill Number: H. 3350 (Word version)
Date: ADD:
04/26/05 MAHAFFEY
Bill Number: H. 3883 (Word version)
Date: ADD:
04/26/05 MAHAFFEY
Bill Number: H. 3405 (Word version)
Date: ADD:
04/26/05 MAHAFFEY
The following Bill was taken up:
H. 3726 (Word version) -- Reps. Ott, Clark, J. E. Smith, McGee, Witherspoon, Branham, Cobb-Hunter, Duncan, Hayes, Lucas, M. A. Pitts, Taylor and R. Brown: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT "CHANDLER'S LAW" BY ADDING CHAPTER 26 SO AS TO PROVIDE FOR THE REGULATION, REGISTRATION, AND TITLING OF ALL-TERRAIN VEHICLES BY THE DEPARTMENT OF NATURAL RESOURCES, INCLUDING THE REQUIREMENT THAT A PERSON UNDER SIXTEEN MUST COMPLETE A DRIVING SAFETY COURSE BEFORE HE MAY OPERATE AN ALL-TERRAIN VEHICLE AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6491SD05):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Title 50 of the 1976 Code is amended by adding:
Section 50-26-10. This chapter may be cited as 'Chandler's Law'.
Section 50-26-20. For the purposes of this chapter 'all-terrain vehicle' or 'ATV' means a motorized vehicle designed primarily for off-road travel on low-pressure tires which has a saddle seat and three or more wheels and handle bars for steering but does not include lawn tractors or any vehicle that is required to be licensed or titled for highway use.
Section 50-26-30. (A) A person sixteen years of age or younger may not operate an all-terrain vehicle within this State unless the person:
(1) has successfully completed an all-terrain vehicle safety education course provided by or approved by the department, and has been issued a safety certificate; or
(2) is operating the all-terrain vehicle as part of a prescribed all-terrain vehicle safety education, training, and skills program and is under the direct supervision of a certified all-terrain vehicle safety instructor.
(B) The department may not issue an all-terrain vehicle operator's safety certificate to a person unless the person has successfully completed the all-terrain vehicle safety education course. A certificate of successful completion of an all-terrain vehicle safety education course issued by other states or territories of the United States, Canadian provinces, or other nations is valid for the purposes of this chapter if the department approves the course as comparable to the program required by this chapter.
(C) The department shall certify all-terrain vehicle safety education courses.
(D) A person sixteen years of age or younger may not operate, ride, or otherwise be propelled on an all-terrain vehicle within this State unless the person wears a safety helmet and eye protection meeting United States Department of Transportation standards for motorcycles.
SECTION 50-26-40. All-terrain vehicles are exempt from ad valorum personal property taxes beginning January 1, 2005.
SECTION 50-26-50. (A) The restrictions in this section apply to operation of an all-terrain vehicle's on those lands open to the public and are in addition to the requirements of Section 50-26-30.
(B) It is unlawful to operate an all-terrain vehicle except in compliance with the local regulations and restrictions for an all-terrain vehicle operation.
(C) A person sixteen years of age or younger must be accompanied by an adult.
(D) It is unlawful to operate an all-terrain vehicle between one-half hour after sunset to one-half hour before sunrise unless it is equipped with operational headlights and they are on.
(E) It is unlawful to cross an unbridged stream except at a designated ford or crossing. Riding in any water bodies or watercourses is unlawful.
(F) An all-terrain vehicle must have an effective muffler system in good working condition; a USDA Forest Service approved spark arrester in good working condition and a brake system in good operating condition.
(G) It is unlawful to operate an all-terrain vehicle while under the influence of alcohol or any controlled substance.
(H) It is unlawful to operate an all-terrain vehicle in a negligent or reckless manner.
(I) It is unlawful to operate an all-terrain vehicle in a manner that damages flora or fauna, roads, trails, firebreaks, signs, gates, guardrails, bridges, fencing, or other public property.
(J) No governmental entity and no property owner is liable for injuries or damage resulting from an all-terrain vehicle operation on lands open to the public for an all-terrain vehicle operation. The State is absolutely immune from liability for any injury or damage as a result of operating an all-terrain vehicle on any lands at any time.
SECTION 50-26-60. A person violating this chapter, unless otherwise specified, is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. OTT explained the amendment.
Rep. OTT continued speaking.
Reps. TRIPP, LOFTIS, TALLEY, THOMPSON, COATES, VICK, OTT, WITHERSPOON, PINSON, E. H. PITTS, HOSEY, TOOLE, WEEKS, OWENS, G. M. SMITH and DUNCAN requested debate on the Bill.
The following Bill was taken up:
H. 3240 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-40-100 SO AS TO PROVIDE THAT CHAPTER 40 OF TITLE 46 RELATING TO THE GRAIN DEALERS GUARANTY FUND IS REPEALED UPON CERTIFICATION BY THE COMMISSIONER OF AGRICULTURE THAT ALL LOANS RECEIVED BY THE GUARANTY FUND FROM THE STATE INSURANCE RESERVE FUND HAVE BEEN PAID IN FULL.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10811SD05), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Section 46-40-90(A) of the 1976 Code is amended to read:
"(A) From the effective date of this chapter until the time the department determines that all approved claims against the debtor as defined in Section 46-40-20(4) have been paid and that all monies received from the Insurance Reserve Fund or state general fund under Section 46-40-50 have been repaid in full with interest as required, all monies in the fund must be used only to pay claims against this debtor. At this time, the fund shall continue in the manner provided in this section, for the benefit of grain dealers who suffer losses against other debtors as a result of bankruptcy, embezzlement, or fraud with the monies in the fund at this time to be retained therein for this purpose. However, when all monies received from the Insurance Reserve Fund or state general fund under Section 46-40-50 have been paid, the rate of assessment shall drop from two cents each bushel to one cent each bushel." /
Amend further, by adding an appropriately numbered SECTION to read:
/ SECTION __. (A) There is created a committee to study the grain dealers and grain producers guaranty funds. The committee must report to the General Assembly on steps necessary to make the funds more efficient and equitable.
(B) The committee is composed of the following members:
(1) the chairman of the Senate Agriculture Committee, or his designee to serve ex officio;
(2) the chairman of the House Agriculture, Natural Resources and Environmental Affairs Committee, or his designee to serve ex officio;
(3) three members appointed by the chairman of the Senate Agriculture Committee, of which one must be a grain producer, one must be a grain dealer, and one must be a grain integrator;
(4) three members appointed by the chairman of the House Agriculture, Natural Resources and Environmental Affairs Committee, of which one must be a grain producer, one must be a grain dealer, and one must be a grain integrator;
(5) one grain broker appointed by the Governor.
(C) The members of the committee shall serve until their successors are appointed and qualify or the committee is dissolved. Vacancies on the committee must be filled in the manner of the original appointment and for the remainder of the unexpired term. Members of the committee are not eligible to receive mileage, per diem, or subsistence. The committee is co-chaired by the member of the Senate and the member of the House of Representatives who are serving on the committee.
(D) The staffing for the committee must be provided by the Department of Agriculture.
(E) The committee must render its report and recommendations to the General Assembly before January 14, 2006, at which time it is dissolved. /
Renumber sections to conform.
Amend title to conform.
Rep. FRYE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3235 (Word version) -- Reps. Witherspoon, R. Brown, Clark, Bowers and Mahaffey: A BILL TO AMEND SECTION 49-23-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DROUGHT RESPONSE AND CURTAILMENT OF NONESSENTIAL WATER USE DURING SEVERE OR EXTREME DROUGHT, SO AS TO PROVIDE THAT CERTAIN AGRICULTURAL PURPOSES ARE ALSO CONSIDERED AN ESSENTIAL WATER USE AND ARE EXEMPT FROM THIS MANDATORY CURTAILMENT OF NONESSENTIAL WATER USES.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11709SD05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 49-23-70(C) of the 1976 Code, as last amended by Act 202 of 2004, is further amended to read:
"(C) The department may promulgate regulations to specify categories of nonessential water use. Water used strictly for firefighting purposes, 'agriculture operations' as defined in Section 46-45-20, 'agriculture', as defined in Section 46-1-10, health and medical purposes, minimum stream flow requirements, and minimum water levels in the potable drinking water supplies and the above and below ground water tables, and the use of water to satisfy federal, state, or local public health and safety requirements is are considered essential water use. Water used for human health and safety has the highest priority in the essential water use category. The department by regulation may provide for the mandatory curtailment of nonessential water uses during periods of severe or extreme drought in drought management areas. Mandatory curtailment of nonessential water use shall become effective only after the Drought Response Committee determines the action to be reasonably necessary to ensure supplies of water in drought management areas. Upon such a finding, the Drought Response Committee shall determine which categories of nonessential water must be curtailed after reviewing each category by the following standards:
(1) the purpose of the use;
(2) the suitability of the use to the watercourse, lake, or aquifer;
(3) the economic value of the use;
(4) the social value of the use;
(5) the extent and amount of the harm it causes;
(6) the practicality of avoiding the harm by adjusting the use or method of use of one proprietor or the other;
(7) the practicality of adjusting the quantity of water used by each proprietor;
(8) the protection of existing values of water uses, land, investments, and enterprises;
(9) the consumptive or nonconsumptive nature of the use.
Following such the determination, the department shall issue a declaration specifying the drought management areas affected and identifying the categories of nonessential water use to be curtailed. The declaration must be widely distributed to news media and must be published at least once a week in a newspaper of general circulation in each county affected. Any person adversely affected by mitigation or mandatory curtailment may, within ten days after such curtailment becomes effective, submit appropriate information to the department and obtain relief therefrom as is appropriate. Any declaration shall continue in effect only so long as conditions in any a drought management area reasonably require it, and the declaration shall must be terminated by action of either the Drought Response Committee or the department, and notice of termination of the declaration must be given as when originally issued. In the event that If a declaration issued pursuant to this section conflicts with any ordinance or plan adopted pursuant to Section 49-23-80, the declaration shall supersede any ordinance or plan."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. WITHERSPOON explained the amendment.
The amendment was then adopted.
Reps. JENNINGS, WHIPPER, HOSEY, LITTLEJOHN, SIMRILL, M. A. PITTS and VIERS requested debate on the Bill.
The following Bill was taken up:
H. 3318 (Word version) -- Reps. Young, Chellis, Bailey and G. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-13-255 SO AS TO PROVIDE THAT CONTINUING EDUCATION COURSES TAKEN OUT OF STATE BY A COSMETOLOGIST LICENSED IN THIS STATE MUST COUNT TOWARD THE COSMETOLOGIST'S ANNUAL SOUTH CAROLINA CONTINUING EDUCATION REQUIREMENTS IN A MANNER PROVIDED BY THE BOARD.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\2559SJ05), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Chapter 13, Title 40 of the 1976 Code is amended by adding:
"Section 40-13-255. The board may approve continuing education courses whether taken in state or out of state in a manner provided by the board."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. WHITE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3513 (Word version) -- Reps. Brady, Pinson, Emory, Bales, Barfield, Chellis, Dantzler, Kennedy, Leach, Lucas, Martin, J. M. Neal, M. A. Pitts, G. R. Smith and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-11-65 SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY TO PURCHASE A FIDELITY BOND ON ALL COUNTY OFFICIALS OR A PORTION OF THEM INSTEAD OF THE AMOUNT REQUIRED BY LAW AND REQUIRE A RESOLUTION TO BE ADOPTED BY THE COUNTY GOVERNING BODY WHEN A FIDELITY BOND IS USED TO REPLACE THE EXISTING BOND REQUIRED BY LAW, WHICH MUST MEET OR EXCEED THAT REQUIREMENT.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3354DW05), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 25, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. Chapter 11, Title 4 of the 1976 Code is amended by adding:
"Section 4-11-65. (A) If bonding of a county official or employee is statutorily required, the governing body of a county may purchase a fidelity bond to cover all or a portion of the county officials and employees. A fidelity bond may be used instead of specific statutory bond requirements including, but not limited to, those found in Sections 12-39-10, 12-45-10, 14-17-40, 14-17-60, 14-17-350, 14-23-1050, 17-5-20, 17-5-70, 22-1-150, 22-1-160, 23-11-30, and 23-13-20. An official or employee not covered by a fidelity bond must be bonded as required by statute.
(B) The purchase of a fidelity bond as provided in subsection (A) or the replacement of an existing bond with a fidelity bond covering one or more county officials or employees must be evidenced by passage of a resolution by the county's governing body. A fidelity bond must meet or exceed the minimum value of the bond required by any statute for the covered officials or employees." /
Renumber sections to conform.
Amend title to conform.
Rep. G. R. SMITH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3582 (Word version) -- Reps. McLeod, Clark, J. E. Smith, Hosey, Moody-Lawrence, Anderson, Bailey, Bowers, Breeland, J. Brown, R. Brown, Davenport, Haskins, M. Hines and Sinclair: A BILL TO AMEND ARTICLE 13, CHAPTER 53, TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEAD POISONING PREVENTION AND CONTROL SO AS TO RENAME THIS ARTICLE THE "CHILDHOOD LEAD POISONING PREVENTION AND CONTROL ACT", TO CLARIFY THAT THE ARTICLE ADDRESSES CIRCUMSTANCES RELATING TO CHILDREN AND LEAD POISONING, TO FURTHER SPECIFY SURFACES IN A DWELLING OR FACILITY THAT MAY CONTAIN A LEAD-BASED HAZARD, TO UPDATE REQUIREMENTS FOR EDUCATION AND PUBLIC AWARENESS PROGRAMS, INVESTIGATIONS, AND RECORDKEEPING, TO REVISE PROCEDURES FOR THE ISSUANCE AND EXECUTION OF AN ADMINISTRATIVE WARRANT TO INVESTIGATE LEAD-BASED HAZARDS, TO REQUIRE LABORATORIES TO REPORT TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RESULTS OF ANY BLOOD LEAD ANALYSES CONDUCTED ON CHILDREN UNDER THE AGE OF SIX, TO DELETE OBSOLETE PROVISIONS, TO REVISE CRIMINAL PENALTIES, TO PROVIDE FOR CIVIL FINES, TO PROVIDE THAT A VIOLATION DOES NOT GIVE RISE TO A CAUSE OF ACTION, AND TO PROVIDE THAT THE PROVISIONS OF THIS ARTICLE ARE CONTINGENT UPON THE APPROPRIATION OR AVAILABILITY OF FUNDS.
Rep. MACK explained the Bill.
The following Bill was taken up:
H. 3832 (Word version) -- Reps. J. E. Smith, Cotty, Scott, Haskins, Cato, Davenport, Altman, Anthony, Battle, Brady, Branham, Breeland, J. Brown, R. Brown, Cobb-Hunter, Coleman, Cooper, Dantzler, Edge, Funderburk, Hagood, Harrison, Hayes, J. Hines, Howard, Huggins, Jefferson, Jennings, Kirsh, Lee, Limehouse, Martin, McLeod, Merrill, Miller, J. M. Neal, Ott, Parks, Perry, Pinson, Rivers, D. C. Smith, Thompson, Townsend, Vick, Weeks and Witherspoon: A BILL TO ENACT THE LEWIS BLACKMAN HOSPITAL PATIENT SAFETY ACT BY ADDING ARTICLE 27, CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REQUIRE ALL HOSPITAL CLINICAL STAFF AND TRAINEES TO WEAR BADGES CONTAINING CERTAIN IDENTIFYING INFORMATION, TO REQUIRE CERTAIN INFORMATION TO BE PROVIDED BY HOSPITALS TO PATIENTS PRIOR TO OR ON ADMISSION CONCERNING THE PATIENT'S HOSPITAL CARE, INCLUDING, AMONG OTHER THINGS, THE GENERAL ROLE OF MEDICAL STUDENTS, INTERNS, AND RESIDENT PHYSICIANS IN PATIENT CARE, THAT THE PATIENT'S ATTENDING PHYSICIAN IS THE DOCTOR IN CHARGE OF THE PATIENT'S CARE, THAT THE PATIENT'S ATTENDING PHYSICIAN MAY CHANGE, WHETHER ANY RESIDENT PHYSICIAN OR MEDICAL STUDENTS MAY BE PARTICIPATING IN THE PATIENT'S CARE, INCLUDING SURGERY, REQUIRING NURSES TO PLACE A CALL FOR OR TO ASSIST A PATIENT IN CALLING THEIR ATTENDING PHYSICIANS, REQUIRING HOSPITALS TO PROVIDE A MECHANISM THAT IS AVAILABLE AT ALL TIMES WHEREBY PATIENTS CAN RECEIVE ASSISTANCE FOR RESOLUTION OF URGENT PATIENT CARE CONCERNS, AND TO PROVIDE THAT THIS ARTICLE DOES NOT CREATE A CIVIL CAUSE OF ACTION.
Rep. J. E. SMITH proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11744AC05), which was adopted:
Amend the bill, as and if amended, page 4, immediately after line 19, by inserting:
/ Section 44-7-3455. The provisions of this article do not apply to hospitals owned or operated by the Department of Mental Health./
Renumber sections to conform.
Amend title to conform.
Rep. J. E. SMITH explained the amendment.
The amendment was then adopted.
Rep. MACK explained the Bill.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill, as amended.
Rep. ALTMAN, with unanimous consent, made a statement relative to the events of last week.
Rep. J. H. NEAL moved that the House recur to the Morning Hour, which was agreed to.
Rep. J. H. NEAL moved that the House recede until 2:30 p.m., which was agreed to.
At 2:30 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3956 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE LOCATED AT 416 OAKLAND ROAD IN THE CITY OF DILLON THAT CROSSES INTERSTATE 95 THE "LISTON 'GURNIE' ROWELL MEMORIAL BRIDGE", AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "LISTON 'GURNIE' ROWELL MEMORIAL BRIDGE".
Ordered for consideration tomorrow.
The following was introduced:
H. 3985 (Word version) -- Reps. Scott, Herbkersman, Simrill, Skelton, R. Brown, Hosey, Clyburn, Frye, Haley, Parks, J. H. Neal, Rivers, Barfield, Emory, J. Brown, McLeod, Hiott, Haskins, E. H. Pitts, Sinclair, G. R. Smith, Scarborough, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Funderburk, Govan, Hagood, Hamilton, Hardwick, Harrell, Harrison, Hayes, J. Hines, M. Hines, Hinson, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Lee, Loftis, Lucas, Mack, Mahaffey, McCraw, McGee, Merrill, Miller, Moody-Lawrence, J. M. Neal, Neilson, Norman, Ott, Perry, Phillips, Pinson, M. A. Pitts, Rhoad, Rice, Rutherford, Sandifer, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Talley, Taylor, Thompson, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper and Whitmire: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT 57 ALONG INTERSTATE HIGHWAY 95 IN COLLETON COUNTY THE "STATE REPRESENTATIVE WALTER P. LLOYD MEMORIAL INTERCHANGE" AND TO PLACE APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "STATE REPRESENTATIVE WALTER P. LLOYD MEMORIAL INTERCHANGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3986 (Word version) -- Reps. Huggins, E. H. Pitts, Toole and Bingham: A BILL TO AMEND SECTION 12-39-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDING OF SALES OR OTHER CONVEYANCES OF REAL PROPERTY BY THE COUNTY AUDITOR, SO AS TO DELETE THE REQUIREMENT OF, AND FEE FOR, THE AUDITOR'S ENDORSEMENT ON A DEED; AND TO REPEAL SECTION 12-37-100 RELATING TO ENDORSEMENT OF A DEED BY THE COUNTY ASSESSOR, AND SECTION 30-5-80 RELATING TO ENDORSEMENT OF A DEED BY A COUNTY AUDITOR.
Referred to Committee on Ways and Means
H. 3987 (Word version) -- Reps. Huggins, E. H. Pitts and Toole: A BILL TO AMEND SECTION 29-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISSOLUTION OF A MECHANIC'S LIEN IF SUIT FOR ENFORCEMENT OF THE LIEN IS NOT COMMENCED WITHIN SIX MONTHS OF ITS FILING, SO AS TO PROVIDE FOR THE FORM AND SUBSTANCE OF AN "AFFIDAVIT OF CANCELLATION OF MECHANIC'S LIEN" FOR FILING AS RECORD PROOF OF DISSOLUTION OF THE LIEN.
Referred to Committee on Labor, Commerce and Industry
H. 3988 (Word version) -- Reps. Huggins, E. H. Pitts and Toole: A BILL TO AMEND SECTION 30-5-35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT OF A DERIVATION CLAUSE IN A RECORDED DEED OR MORTGAGE, SO AS TO REQUIRE THAT A DERIVATION CLAUSE ALSO BE INCLUDED ON A CONTRACT OF SALE OR BOND FOR TITLE OF REAL PROPERTY BEFORE IT IS ACCEPTED FOR RECORDING AND TO DEFINE CONTRACT OF SALE AND BOND FOR TITLE.
Referred to Committee on Judiciary
H. 3989 (Word version) -- Reps. Toole, Haley, Ballentine, Cato and Frye: A BILL TO AMEND SECTION 12-43-217, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AD VALOREM PROPERTY TAX REASSESSMENTS REQUIRED EVERY FIFTH YEAR AND PROCEDURAL REQUIREMENTS IN REGARD TO REASSESSMENTS, SO AS TO FURTHER PROVIDE FOR THE CONTENTS OF VALUATION NOTICES SENT TO TAXPAYERS WITH REGARD TO REASSESSMENT.
Referred to Committee on Ways and Means
H. 3990 (Word version) -- Reps. Toole, Haley, Battle, Cato, Clyburn, Hosey, Jefferson, Miller and Rivers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1792, SO AS TO PROVIDE THAT AN ADOPTEE TWENTY-ONE YEARS OF AGE OR OLDER MAY OBTAIN A COPY OF HIS OR HER ORIGINAL RECORD OF BIRTH FROM THE STATE REGISTRAR UNLESS WITHIN THE PAST THREE YEARS THE ADOPTEE'S BIRTH PARENT HAS FILED A NOTARIZED FORM WITH THE STATE REGISTRAR PROHIBITING RELEASE OF IDENTIFYING INFORMATION; TO REQUIRE A BIRTH PARENT TO BE GIVEN INFORMATION ABOUT PROHIBITING RELEASE OF SUCH INFORMATION AT THE TIME OF EXECUTING A CONSENT OR RELINQUISHMENT FOR ADOPTION; TO PROVIDE THAT THIS ACT APPLIES TO ADOPTIONS FINALIZED AFTER JUNE 30, 2005, AND APPLIES TO ALL OTHER ADOPTIONS BEGINNING JULY 1, 2009; AND TO REQUIRE THE STATE REGISTRAR TO CARRY OUT A PUBLIC SERVICE CAMPAIGN EDUCATING THE PUBLIC ABOUT THE PROVISIONS OF THIS ACT.
Referred to Committee on Judiciary
H. 3991 (Word version) -- Reps. Vaughn, Loftis, Clark, Duncan, Hamilton and Tripp: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, BY ADDING SECTION 15A SO AS TO REQUIRE THAT A BILL OR JOINT RESOLUTION OF THE GENERAL ASSEMBLY IMPOSING OR INCREASING A TAX, THE REVENUE OF WHICH IS CREDITED TO THE GENERAL FUND OF THE STATE, DOES NOT BECOME LAW UNLESS IT RECEIVES THE APPROVAL OF TWO-THIRDS OF THE MEMBERSHIP OF THE HOUSE OF REPRESENTATIVES AND TWO-THIRDS OF THE MEMBERSHIP OF THE SENATE.
Referred to Committee on Ways and Means
Debate was resumed on the following Bill, the pending question being the consideration of the Bill:
H. 3832 (Word version) -- Reps. J. E. Smith, Cotty, Scott, Haskins, Cato, Davenport, Altman, Anthony, Battle, Brady, Branham, Breeland, J. Brown, R. Brown, Cobb-Hunter, Coleman, Cooper, Dantzler, Edge, Funderburk, Hagood, Harrison, Hayes, J. Hines, Howard, Huggins, Jefferson, Jennings, Kirsh, Lee, Limehouse, Martin, McLeod, Merrill, Miller, J. M. Neal, Ott, Parks, Perry, Pinson, Rivers, D. C. Smith, Thompson, Townsend, Vick, Weeks and Witherspoon: A BILL TO ENACT THE LEWIS BLACKMAN HOSPITAL PATIENT SAFETY ACT BY ADDING ARTICLE 27, CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REQUIRE ALL HOSPITAL CLINICAL STAFF AND TRAINEES TO WEAR BADGES CONTAINING CERTAIN IDENTIFYING INFORMATION, TO REQUIRE CERTAIN INFORMATION TO BE PROVIDED BY HOSPITALS TO PATIENTS PRIOR TO OR ON ADMISSION CONCERNING THE PATIENT'S HOSPITAL CARE, INCLUDING, AMONG OTHER THINGS, THE GENERAL ROLE OF MEDICAL STUDENTS, INTERNS, AND RESIDENT PHYSICIANS IN PATIENT CARE, THAT THE PATIENT'S ATTENDING PHYSICIAN IS THE DOCTOR IN CHARGE OF THE PATIENT'S CARE, THAT THE PATIENT'S ATTENDING PHYSICIAN MAY CHANGE, WHETHER ANY RESIDENT PHYSICIAN OR MEDICAL STUDENTS MAY BE PARTICIPATING IN THE PATIENT'S CARE, INCLUDING SURGERY, REQUIRING NURSES TO PLACE A CALL FOR OR TO ASSIST A PATIENT IN CALLING THEIR ATTENDING PHYSICIANS, REQUIRING HOSPITALS TO PROVIDE A MECHANISM THAT IS AVAILABLE AT ALL TIMES WHEREBY PATIENTS CAN RECEIVE ASSISTANCE FOR RESOLUTION OF URGENT PATIENT CARE CONCERNS, AND TO PROVIDE THAT THIS ARTICLE DOES NOT CREATE A CIVIL CAUSE OF ACTION.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 509 (Word version) -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-7-255 SO AS TO PROVIDE FOR THE REGISTRATION AND REGULATION OF PERSONS WHO PRACTICE HAIR BRAIDING, INCLUDING REQUIRING A REGISTRATION FEE, A SIX HOUR BOARD-APPROVED HAIR BRAIDING COURSE, AND AN EXAMINATION; AND TO AMEND SECTION 40-7-20, RELATING TO DEFINITIONS OF TERMS USED IN CONNECTION WITH THE LICENSURE AND REGULATION OF BARBERS, SO AS TO DEFINE "HAIR BRAIDING".
Rep. R. BROWN proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7449AHB05), which was rejected:
Amend the bill, as and if amended, by deleting Section 40-7-20(2) as contained in SECTION 2, page 3, beginning on line 3, and inserting:
/ (2) 'Hair braiding' means the weaving or interweaving of natural human hair for compensation without cutting, coloring, permanent waving, relaxing, removing, or chemical treatment and includes the use of hair extensions or wefts." /
Renumber sections to conform.
Amend title to conform.
Rep. R. BROWN explained the amendment.
Rep. WHITE moved to table the amendment.
The House refused to table the amendment by a division vote of 11 to 11.
Rep. R. BROWN spoke in favor of the amendment.
Rep. WHITE spoke against the amendment.
The amendment was then rejected by a division vote of 12 to 30.
The Bill was read second time and ordered to third reading.
The following Bill was taken up:
H. 3604 (Word version) -- Reps. Cato, Barfield, Bailey, Ballentine, G. Brown, Chellis, Dantzler, Hamilton, Hayes, Jennings, Norman, M. A. Pitts, Rice, J. E. Smith, Taylor, Young, Bingham, Clark, Huggins and Owens: A BILL TO AMEND SECTION 40-45-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATING OR RESTRICTING RIGHTS OF PHYSICAL THERAPISTS TO PRACTICE WITHIN THE SCOPE OF THEIR STATUTORY AUTHORITY, SO AS TO ALSO PROVIDE THAT PROVISIONS OF THE PHYSICAL THERAPY PRACTICE ACT MAY NOT BE CONSTRUED TO PROHIBIT OR RESTRICT THE CONDUCT OF A PHYSICAL THERAPIST OR PHYSICAL THERAPIST ASSISTANT OTHERWISE AUTHORIZED BY THE PROVIDER SELF REFERRAL ACT.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11714AC05):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 40-45-110 (A) of the 1976 Code is amended to read:
"(A) In addition to other grounds provided for in Section 40-1-110, the board, after notice and hearing, may restrict or refuse to grant a license to an applicant and may refuse to renew the license of a licensed person, and may suspend, revoke, or otherwise restrict the license of a licensed person who:
(1) requests, receives, participates, or engages directly or indirectly in the dividing, transferring, assigning, rebating, or refunding of fees received for professional services or profits by means of a credit or other valuable consideration including, but not limited to, wages, an unearned commission, discount, or gratuity with a person who referred a patient, or with a relative or business associate of the referring person. However, nothing in this section may be construed to prohibit a person licensed under this chapter from being employed by a licensed health care facility as defined by Section 44-7-130. Notwithstanding the provisions of this section, physical therapists or physical therapy assistants may be employed by a health care provider if the provider employed a physical therapist or physical therapist assistant on April 15, 2005 in compliance with Chapter 113 of Title 44 and may be employed by the provider until May 31, 2010.
(2) has treated or undertaken to treat human ailments otherwise than by physical therapy or has practiced physical therapy and failed to refer to a licensed medical doctor or dentist any patient whose medical condition should have been determined at the time of evaluation or treatment to be beyond the scope of practice of a physical therapist;
(3) knowingly aided, assisted, procured, or advised a person to practice physical therapy contrary to this chapter or to regulations promulgated by the board pursuant to this chapter or knowingly performed an act which aids, assists, procures, or advises an unlicensed person to practice physical therapy;
(4) in the absence of a referral from a licensed medical doctor or dentist, provides physical therapy services beyond thirty days after the initial evaluation and/or treatment date without the referral of the patient to a licensed medical doctor or dentist;
(5) changes, or in any way modifies, any specific patient care instructions or protocols established by an appropriate health care provider without prior consultation with and approval by the appropriate health care provider.
(6) prior to June 1, 2010 has treated a patient referred to the physical therapist by the health care provider by which the physical therapist is employed, unless before the referral the provider furnishes the patient with a written disclosure form, which the patient has signed, informing the patient of:
(a) the existence of the investment interest;
(b) the name and address of each applicable entity to which a referral is made in which the referring health care provider is an investor;
(c) the patient's right to obtain the item or services for which the patient has been referred at the location or from the provider or supplier of the patient's choice, including the entity in which the referring provider is an investor;
(d) the names and addresses of at least two alternative sources of these items or services available to the patient;
(e) a schedule of typical fees for items or services usually provided by the entity or, if impracticable because of the nature of the treatment, a written estimate specific to the patient."
SECTION 2. Section 44-113-40 of the 1976 Code is further amended to read:
"Section 44-113-40. (A) A health care provider may refer a patient to an entity in which the health care provider is an investor if the referral is permitted under Section 44-113-20(10)(d) or Section 44-113-30(A)(3) if before the referral the provider furnishes the patient with a written disclosure form informing the patient of:
(1) the existence of the investment interest;
(2) the name and address of each applicable entity to which a referral is made in which the referring health care provider is an investor;
(3) the patient's right to obtain the item or services for which the patient has been referred at the location or from the provider or supplier of the patient's choice, including the entity in which the referring provider is an investor;
(4) the names and addresses of at least two alternative sources of these items or services available to the patient;
(5) a schedule of typical fees for items or services usually provided by the entity or, if impracticable because of the nature of the treatment, a written estimate specific to the patient.
(B) Notwithstanding the provisions of Section 44-113-30 (A) (1), prior to June 1, 2010 a health care provider may refer a patient to a physical therapist employed by the health care provider if, before the referral, the provider furnishes the patient with a written disclosure form informing the patient of:
(1) the existence of the investment interest;
(2) the name and address of each applicable entity to which a referral is made in which the referring health care provider is an investor;
(3) the patient's right to obtain the item or services for which the patient has been referred at the location or from the provider or supplier of the patient's choice, including the entity in which the referring provider is an investor;
(4) the names and addresses of at least two alternative sources of these items or services available to the patient;
(5) a schedule of typical fees for items or services usually provided by the entity or, if impracticable because of the nature of the treatment, a written estimate specific to the patient.
(C) The referring provider must obtain the patient's signature that the information required under subsection (A) or (B) has been provided to the patient."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. G. R. SMITH explained the amendment.
Reps. SKELTON, G. M. SMITH, MILLER, RHOAD, KENNEDY, CATO, CHELLIS, J. BROWN, HOSEY, SANDIFER, E. H. PITTS, G. R. SMITH, WHIPPER, MACK, BREELAND, R. BROWN, ALLEN, SINCLAIR, ANDERSON, MCLEOD, BALLENTINE, J. R. SMITH and JEFFERSON requested debate on the Bill.
The following Bill was taken up:
H. 3674 (Word version) -- Reps. Bingham and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-275 SO AS TO AUTHORIZE THE SOUTH CAROLINA STATE BOARD OF DENTISTRY TO ISSUE LICENSES BY CREDENTIALS TO PRACTICE DENTISTRY AND TO ESTABLISH THE CRITERIA FOR OBTAINING SUCH LICENSURE.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11713AC05), which was adopted:
Amend the bill, as and if amended, Section 40-15-275(A)(5) page 2, line 6 after /military/ by inserting /or/ so when amended Section 10-15-275(A)(5) reads:
/ (5) not been the subject of any final or pending disciplinary action in the military or in any state or territory in which the applicant has held any other professional license;/
Renumber sections to conform.
Amend title to conform.
Rep. PARKS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3640 (Word version) -- Reps. White and Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-145 SO AS TO PROVIDE THAT GROUND BEEF PREPARED BY A FOOD-SERVICE PROVIDER FOR PUBLIC CONSUMPTION MUST BE COOKED TO AT LEAST ONE HUNDRED FIFTY-FIVE DEGREES FAHRENHEIT UNLESS OTHERWISE ORDERED BY THE IMMEDIATE CONSUMER AND TO PROVIDE IMMUNITY FROM LIABILITY FOR SERVING BEEF COOKED AT SUCH TEMPERATURE UPON REQUEST AND TO REQUIRE A FOOD SERVICE PROVIDER TO PROVIDE A WRITTEN OR VERBAL WARNING OF THE RISKS OF EATING SUCH GROUND BEEF.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11715AC05), which was adopted:
Amend the bill, as and if amended, Section 44-1-145(B) page 2, line 7 after the /;/ by inserting /or/; line 3 by deleting /or/ and by deleting item (4). So when amended, Section 44-1-145(B) reads:
/ (B) The food service provider, its business or its employees or agents, are not liable for any adverse affects to the purchaser or anyone else for providing a ground beef product cooked at an internal temperature less then one hundred fifty-five degrees Fahrenheit (sixty-eight degrees Celsius) if providing the product is at the request of the purchaser and if the food service provider has notified the purchaser in advance that a possible health risk may exist by eating the product. The notice must state that a possible health risk may exist in eating undercooked ground beef at an internal temperature less than one hundred fifty-five degrees Fahrenheit (sixty-eight degrees Celsius), and be given to the purchaser:
(1) in writing;
(2) as stated on the menu; or
(3) by visible sign warning./
Renumber sections to conform.
Amend title to conform.
Rep. MACK explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3885 (Word version) -- Reps. Hagood, Scarborough, Limehouse, Anderson, Dantzler, Cotty, Brady, Taylor, Perry, R. Brown, Cobb-Hunter, Harrell and Chellis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3375 SO AS TO PROVIDE EITHER AN ADDITIONAL JOBS TAX CREDIT OR AN ADDITIONAL INVESTMENT TAX CREDIT FOR COMPANIES USING STATE PORTS AUTHORITY FACILITIES WHICH INCREASE THEIR BASE PORT CARGO VOLUME AT THESE FACILITIES BY A MINIMUM OF FIVE PERCENT OVER 2005 TOTALS AND TO PROVIDE PROCEDURES NECESSARY TO IMPLEMENT THESE TAX CREDITS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20426SD05), which was adopted:
Amend the bill, as and if amended, in Section 12-6-3375(D)(3) of the 1976 Code, as contained in SECTION 1, by striking /privately owned or / on line 32, page 2.
When amended item (3) shall read:
"(3) 'Port facility' means any publicly owned facility located within this State through which cargo is transported by way of a waterborne ship or vehicle to or from destinations outside this State."
Amend the bill, as and if amended, by adding a new subsection (G) to Section 12-6-3375, as contained in SECTION 1, to read:
/ (G) The maximum amount of tax credits allowed to all qualifying taxpayers pursuant to this section may not exceed eight million dollars per calendar year. Tax credits allowed shall be allocated based on the date an application is received by the Coordinating Council for Economic Development. In addition, the Coordinating Council, in its discretion, may allocate an additional two million dollars of tax credits per calendar year. Coordination of this amount is the responsibility of the Coordinating Council.
The Coordinating Council has sole discretion in determining eligibility for additional credits provided by this section.
An application must be submitted to the Coordinating Council with the same information as required by subsection (C), and any other information required by the Coordinating Council. /
Renumber sections to conform.
Amend title to conform.
Rep. HINSON explained the amendment.
The amendment was then adopted.
Rep. LIMEHOUSE proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\20457SD05), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION _____. Chapter 3, Title 54 of the 1976 Code is amended by adding:
Section 54-3-1200. (A)(1) A fingerprint-based criminal history check must be performed by the South Carolina Law Enforcement Division and the Federal Bureau of Investigation on new hires, all existing employees, on persons seeking issuance or renewal of State Ports Authority credentials, and all other persons on terminals engaged in activities related to cargo movement on a State Ports Authority facility. Subsequent to the issuance or renewal of State Ports Authority credentials, a criminal history check must be performed by the State Ports Authority every two years for six years from the date the credentials are issued, at which time a new fingerprint-based criminal history check is required.
(2) For purposes of this section, employees who are engaged in activities related to cargo movement on State Ports Authority facilities are State Ports Authority employees, stevedores, companies registered to operate on State Ports Authority facilities, and members of the International Longshoremen's Association.
(3) This section does not apply to those making deliveries to or from State Ports Authority facilities.
(B) An individual subject to the background criminal history check must file a complete set of fingerprints with SLED taken in a manner required by the division. Fingerprints must be submitted to SLED for state processing and the FBI for federal processing. The results of each fingerprint-based check must be reported to the State Ports Authority, to other employers, SLED, and the FBI, and the State Ports Authority facility shall be subject to both state and federal National Crime Information Center auditing procedures. The costs of the criminal history checks must be paid by the employing entity or by the person being checked.
(C) A person who within the seven years preceding the date of the criminal history check has been convicted of or pleaded guilty or nolo contendere to a violent crime as contained in Section 16-1-60 or an act of terrorism may not work within a State Ports Authority facility. However, if a person remains free from a subsequent conviction for any of these crimes for a period of seven years following completion of his sentence, including incarceration, probation, and parole, he is eligible to work within a State Ports Authority facility." /
Renumber sections to conform.
Amend title to conform.
Rep. LIMEHOUSE explained the amendment.
The amendment was then adopted.
Rep. HINSON explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3932 (Word version) -- Reps. Harrell, Wilkins and Chellis: A BILL TO AMEND AND REENACT CERTAIN PROVISIONS OF SECTION 11-41-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE SPECIFIC DEFINITIONS; TO AMEND SECTION 11-41-40, RELATING TO THE ISSUANCE OF THESE ECONOMIC DEVELOPMENT BONDS, SO AS TO FURTHER PROVIDE FOR THE MANNER OF SUCH ISSUANCE; TO AMEND AND REENACT SECTION 11-41-70, RELATING TO BOND NOTIFICATION AND OTHER REQUIREMENTS FOR THE ISSUANCE OF THESE BONDS, SO AS TO MAKE CONFORMING CHANGES TO THE DEFINITION REVISIONS CONTAINED ABOVE AND TO FURTHER PROVIDE THE TERMS AND CONDITIONS FOR THE ISSUANCE OF THESE BONDS; AND TO PROVIDE FINDINGS OF THE GENERAL ASSEMBLY THAT THE FUNDING OF THESE PROJECTS WITH THESE BONDS SERVES A VALID PUBLIC PURPOSE AND BENEFITS THIS STATE WITH SUBSEQUENT ECONOMIC AND EMPLOYMENT BENEFITS.
Rep. HARRELL explained the Bill.
The following Bill was taken up:
H. 3905 (Word version) -- Rep. Chellis: A BILL TO AMEND CHAPTER 7 OF TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE AUDITOR, SO AS TO FURTHER PROVIDE FOR THE RESPONSIBILITIES, DUTIES, AND OVERSIGHT FUNCTIONS OF THE STATE AUDITOR INCLUDING THE USE OF INDEPENDENT ACCOUNTING FIRMS AND GENERALLY ACCEPTED AUDITING PRINCIPALS TO PERFORM AUDITS OF STATE AGENCIES AND ENTITIES, THE STATE'S FINANCIAL STATEMENTS, FEDERAL PROGRAM COMPLIANCE, AND LOCAL GOVERNMENT COMPLIANCE IN COLLECTING AND REMITTING FINES, AND TO PROVIDE FOR DISSEMINATION OF AUDIT REPORTS, INDEPENDENCE AND OBJECTIVITY OF THE AUDIT FUNCTION, AND THE USE OF A NATIONALLY RECOGNIZED CERTIFIED PUBLIC ACCOUNTANT FIRM TO CONDUCT A PORTION OF THE AUDIT OF THE STATE'S COMPREHENSIVE ANNUAL FINANCIAL REPORT, THE COST OF WHICH IS SHARED EQUITABLY AMONG STATE AGENCIES; TO AMEND SECTIONS 1-11-20, RELATING TO DIVISIONS OF THE BUDGET AND CONTROL BOARD; 2-7-62 AND 2-7-69, BOTH RELATING TO REPORTS MADE IN CONNECTION WITH THE CONSIDERATION OF THE GENERAL APPROPRIATION ACT; 8-11-135, AS AMENDED, RELATING TO PAYMENT OF MOVING EXPENSES OF NEW STATE EMPLOYEES; 10-1-140, AS AMENDED, AND 10-3-30, BOTH RELATING TO PUBLIC BUILDINGS AND PROPERTY; 11-9-110 AND 11-9-125, AS AMENDED, BOTH RELATING TO USE OF CONTRIBUTED FUNDS; 11-11-420, RELATING TO CERTIFICATION OF COMPLIANCE WITH STATE PERMANENT EMPLOYEES LIMITATION; 11-35-40, AS AMENDED, RELATING TO THE STATE CONSOLIDATED PROCUREMENT CODE; 11-39-50, RELATING TO OIL OVERCHARGE FUNDS; 11-49-100, RELATING TO REPORTING BY THE TOBACCO SETTLEMENT REVENUE MANAGEMENT AUTHORITY; 12-28-2725, AS AMENDED, RELATING TO THE AUDIT OF THE STATE'S REGIONAL TRANSIT AUTHORITIES; 20-7-5020 AND 20-7-9710, AS AMENDED, BOTH RELATING TO THE BOARDS OF TRUSTEES OF THE CHILDREN'S TRUST FUND AND FIRST STEPS TO SCHOOL READINESS, RESPECTIVELY; 23-47-50, AS AMENDED, AND 23-47-65, AS AMENDED, BOTH RELATING TO THE EMERGENCY TELEPHONE SYSTEM; 25-21-20, AS AMENDED, RELATING TO THE VETERANS' TRUST FUND; 38-79-470, RELATING TO THE MEDICAL MALPRACTICE FUND; 43-33-320, RELATING TO THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC.; 44-96-165, RELATING TO SOLID WASTE TRUST FUNDS; 46-17-380, RELATING TO THE AGRICULTURAL COMMODITIES MARKETING BOARD; 48-5-160, AS AMENDED, RELATING TO THE WATER QUALITY REVOLVING FUND AUTHORITY; 49-6-20, AS AMENDED, RELATING TO THE AQUATIC PLANT MANAGEMENT TRUST FUND; 50-3-760, 50-3-950, AND 50-11-20, AS AMENDED, ALL RELATING TO FUNDS ESTABLISHED IN THE DEPARTMENT OF NATURAL RESOURCES; 52-5-110, RELATING TO THE SPRINGDALE FUND; 56-10-660, RELATING TO THE DISCLOSURE OF MOTOR VEHICLE INSURANCE DATABASE INFORMATION; 59-2-100, RELATING TO THE SOUTH CAROLINA INVESTMENT PROGRAM; 59-4-70, RELATING TO THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM; 59-109-170, RELATING TO THE EDUCATIONAL FACILITIES AUTHORITY; AND 59-150-90 AND 59-150-320, BOTH RELATING TO THE EDUCATION LOTTERY COMMISSION, ALL SO AS TO CONFORM THOSE SECTIONS TO, AND OTHERWISE TO REFLECT THE CHANGES TO, THE STATE AUDITOR'S DUTIES AS DESCRIBED IN CHAPTER 7 OF TITLE 11; AND TO REPEAL SECTION 1-7-408, RELATING TO THE REPORTING OF EXPENDITURES BY A COUNTY SOLICITOR, AND SECTION 51-22-40, RELATING TO AN AUDIT OF THE LEGACY TRUST FUND.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10808MM05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 7 of Title 11 of the 1976 Code is amended to read:
Section 11-7-10. The State Budget and Control Board shall select the State Auditor, who shall select any necessary assistants in conformity with the appropriations therefore for the office.
Section 11-7-20. The State Auditor shall examine at least once each year the books, accounts, receipts, disbursements, vouchers and records of all State officers charged with the receipt and expenditure of public funds and of all State educational, charitable and penal institutions for the support of which the State contributes by an appropriation or provision of law. (A) All State agencies and entities supported partially or entirely by public funds are subject to audit by or under the oversight of the State Auditor, except as otherwise specifically provided by law. In accordance with appropriations and other funding, the State Auditor shall, to the extent practicable and consistent with his overall responsibility, audit or cause to be audited each State agency and entity annually.
(B) Annually the State Auditor shall audit or cause to be audited the State's basic financial statements prepared by the Comptroller General of South Carolina.
(C) Annually the State Auditor shall audit or cause to be audited the compliance of the State of South Carolina with the U. S. Office of Management and Budget (OMB) Circular A-133 Compliance Supplement as applicable to major Federal programs.
(D) Audits must be conducted in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and OMB Circular A-133, Audits of States, Local Governments, and Nonprofit Organizations.
Section 11-7-25. The State Auditor shall examine periodically the books, accounts, receipts, disbursements, vouchers, and records of the county treasurers, municipal treasurers, county clerks of court, magistrates, and municipal courts to report whether fines and assessments imposed pursuant to Sections 14-1-205, 14-1-206, 14-1-207, and 14-1-208 are properly collected and remitted to the State Treasurer. The State Auditor shall submit a report of findings to the State Treasurer and to the Division of Court Administration of the Judicial Department. A copy of all audits conducted by the State Auditor must be made available to the affected agency or department and the chief administrator of a county or municipality upon request.
The State Auditor, by January 15, 1995, shall prepare and submit to the House Judiciary Committee, the Senate Judiciary Committee, the House Ways and Means Committee, and the Senate Finance Committee, an Audit Plan for accomplishing the requirements of this section along with the estimated cost of implementation. In accordance with appropriations and other funding, and to the extent practicable and consistent with his overall responsibility, the State Auditor periodically shall audit or cause to be audited the financial records of the county treasurers, municipal treasurers, county clerks of court, magistrates, and municipal courts to report if fines and assessments imposed pursuant to Sections 14-1-205 through 14-1-208 are collected properly and remitted to the State Treasurer. Upon the issuance of an audit report, the State Auditor immediately shall notify the State Treasurer, Division of Court Administration, and the chief administrator of the affected agency, department, county, or municipality.
Section 11-7-30. The State Auditor shall, on or before the thirtieth day of June in each year, file with the Governor his report of the condition of each such State officer and institution, showing:
(1) The amount received from all sources by each;
(2) The amount expended by each;
(3) The nature of the vouchers for such expenditures;
(4) Whether the expenditures were authorized by law; and
(5) Any irregularities which may have been recorded by his examination.
The report may be referred by the Governor to the General Assembly. Reports of audit findings must be available to the Governor, Budget and Control Board, General Assembly, and the general public. The State Auditor shall notify the Governor, the General Assembly, and the Budget and Control Board immediately upon the issuance of an audit report.
Section 11-7-35. In order to carry out his duties, the State Auditor and his assistants or designees shall must have access to all records and facilities of every state agency during normal operating hours. The State Auditor and his assistants or designees must shall have access to all relevant records and facilities of any a private organization receiving appropriated state monies, relating to the management and expenditures of these state monies, during the organization's normal operating hours. In the performance of his official duties, the State Auditor and his assistants or designees are subject to the statutory provisions and penalties regarding the confidentiality of records of the respective agency or organization under review. All audit working papers and memoranda of the State Auditor, with the exception of except final audit reports, are confidential and not subject to public disclosure.
Section 11-7-40. The State Auditor shall bill the South Carolina Department of Health and Human Services monthly for fifty percent of the costs incurred by the State Auditor in conducting the medical assistance audit. The amount billed by the State Auditor must include those appropriated salary adjustments and employer contributions allowable under the Medicaid program. The Department of Health and Human Services shall remit the amount billed to the credit of the general fund of the State.
Section 11-7-45. As required by professional auditing standards, the State Auditor shall maintain independence in the performance of his authorized duties. Neither the Governor nor an agency or entity of the executive or judicial branches of State government has the authority to limit the scope, direction, or report content of an audit undertaken by the State Auditor.
Section 11-7-50. (A) To preserve the independence and objectivity of the audit function, the State Auditor or his employees may not serve in any capacity on an administrative board, commission, or other organization that they have the responsibility or authority to audit, and they may not have a material, direct or indirect, financial or other economic interest in the transactions of a State agency.
(B) The State Auditor or a member of his staff may not conduct an audit of a program, activity, or agency for which he had management responsibility or by which he has been employed during the last two years.
Section 11-7-55. In accordance with appropriations and other funding, the State Auditor may obtain the services of independent public accountants as he considers necessary to carry out his duties and responsibilities. The State Auditor may use funds appropriated for personal services to contract with private firms, using a request for proposals, to perform audits.
Section 11-7-60. Each State agency shall remit to the State Auditor an amount representing an equitable portion of the expense of contracting with a certified public accounting firm to conduct a portion of the audit of the State's Comprehensive Annual Financial Report prepared by the Comptroller General's Office. Each State agency's equitable portion of the expense must be determined by a schedule developed by the State Auditor. The remittance must be based upon invoices provided by the State Auditor upon completion of the annual audit. The audit must be rebid using a request for proposals no less frequently than every five years. "
SECTION 2. Section 1-11-20 of the 1976 Code is amended to read:
"Section 1-11-20. The functions of the State Budget and Control Board shall must be performed, exercised, and discharged under the supervision and direction of the board through three divisions, the Finance Division (embracing the work of the State Auditor, the former State Budget Commission, the former State Finance Committee and the former Board of Claims for the State of South Carolina), the Purchasing and Property Division (embracing the work of the former Commissioners of the Sinking Fund, the former Board of Phosphate Commissioners, the State Electrician and Engineer, the former Commission on State House and State House Grounds, the central purchasing functions, the former Surplus Procurement Division of the State Research, Planning and Development Board and the Property Custodian) and the Division of Personnel Administration (embracing the work of the former retirement board known as the South Carolina Retirement System and the administration of all laws relating to personnel), each division to consist of a director and such clerical, stenographic and technical employees as may be necessary, to be employed by the respective directors with the approval of the board. The State Auditor shall be the director of the Finance Division, ex officio, and the directors of the other divisions shall must be employed by the State Budget and Control Board for such that time and compensation, not greater than the term and compensation for the State Auditor, as shall may be fixed by the board in its judgment."
SECTION 3. Section 2-7-62 of the 1976 Code is amended to read:
"Section 2-7-62. At each stage of consideration of the annual General Appropriation Act general appropriation act, the State Auditor Budget and Control Board shall compile and submit a report to the members of the General Assembly containing any transfer of funds resulting from the transfer of programs, functions, or responsibilities between agencies and institutions of state government. Any such A transfer shall must be designated as to its origin and number."
SECTION 4. Section 2-7-69 of the 1976 Code is amended to read:
"Section 2-7-69. A.(A) Notwithstanding any other another provision of law, whenever if the Budget and Control Board shall authorize authorizes a state agency to exceed the number of positions authorized by the General Appropriations Act general appropriation act, the authorization for such the positions shall must terminate at the end of the fiscal year in which such the authorization is made unless such the authorization is included as a new position in the General Appropriations Act general appropriation act for the following fiscal year. At each stage of the consideration of the annual General Appropriation Bill the State Auditor general appropriation bill, the Budget and Control Board shall compile and present in a report to the members of the General Assembly an explanation and justification of all such new positions.
B.(B) At each stage of consideration of the General Appropriation Bill the State Auditor general appropriation bill, the Budget and Control shall provide any a member of the body presently considering the Bill bill, upon his request, a copy of the Analysis of Change which details changes in appropriations by agency as of the most recent legislative action."
SECTION 5. The last undesignated paragraph of Section 8-11-135, as added by Act 501 of 1992, is amended to read:
"The State Auditor, in the regular agency audit, shall determine the agency's compliance with the requirements of this section for payments for moving expenses."
SECTION 6. Section 10-1-140 of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:
"Section 10-1-140. The head of each department, agency, or institution of this State is responsible for all personal property under his supervision and each fiscal year shall make an inventory of all such property under his supervision, except expendables. The State Auditor shall make an audit of this property as he considers necessary or when requested to do so."
SECTION 7. Section 10-3-30(g) of the 1976 Code is amended to read:
"(g) Accept and disburse funds which shall must be utilized to purchase articles of historical, artistic, decorative, or intrinsic permanent value for use in the Governor's Mansion and other buildings owned by the State of South Carolina in the two blocks surrounded by Lincoln, Laurel, Gadsden, and Calhoun Streets in the City of Columbia. Because of the nature of the articles purchased, such purchases shall be they are exempt from the bidding and purchasing procedures of the Division of General Services applicable to other state agencies if they are in the categories of articles above described in this item. All such receipts and disbursements shall must be made with the approval of the commission and be subject to an annual audit for each fiscal year by the state auditor (including past fiscal years). Such The funds and purchases made therewith with them and gifts made hereunder shall be pursuant to this section are the property of the State of South Carolina."
SECTION 8. Section 11-9-110 of the 1976 Code is amended to read:
"Section 11-9-110. Each organization to which a contribution is made in the Contributions contributions section of the General Appropriations Bill general appropriation bill shall submit to the State Budget and Control Board by the end of the applicable fiscal year a detailed statement explaining the nature and function of the organization as well as a detailed statement explaining the use that was made of such the contribution. The statements shall must be available at the office of the Budget and Control Board for public inspection and shall be given to any a member of the General Assembly upon request.
No A contribution shall must not be made to any an organization until it agrees in writing to allow the State Auditor to audit or cause to be audited the funds contributed funds."
SECTION 9. The last paragraph of Section 11-9-125 of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:
"State agencies shall remit to the general fund of the State any funds found to exist in agency accounts. If an agency believes funds have been inappropriately identified as the funds defined in this section, the agency may appeal through the process provided in Sections 2-65-30 and 2-65-40. A report of the amount of funds credited to the general fund of the State pursuant to this section must be made by the Comptroller General at the time of each official state revenue forecast. This report must be provided to the Budget and Control Board, the Senate Finance Committee, and the House Ways and Means Committee. Research and student aid grants, including indirect cost recoveries, are exempt from this provision. The State Auditor shall insure compliance with this provision as a part of his annual audit procedures. Any case of noncompliance must be reported to the Governor, Budget and Control Board, and the Joint Appropriations Review Committee."
SECTION 10. Section 11-11-420(E) of the 1976 Code is amended to read:
"(E) When any an appropriation bill is under consideration by the House of Representatives or the Senate, the presiding officer of either House of the General Assembly shall not allow to be introduced any an amendment to such the bill which increases the number of state employees unless there is attached thereto to the amendment a certificate of the State Auditor Budget and Control Board that such the increase in state employees is within the limitations prescribed."
SECTION 11. Section 11-35-40(4) of the 1976 Code, as last amended by Act 153 of 1997, is further amended to read:
"(4) The acquisition of any a facility or capital improvement by a foundation or eleemosynary organization on behalf of or for the use of any state agency or institution of higher learning which involves the use of public funds in the acquisition, financing, construction, or current or subsequent leasing of the facility or capital improvement is subject to the provisions of this code in the same manner as any a governmental body. The definition and application of the terms 'acquisition', 'financing', 'construction', and 'leasing' are governed by standards and generally accepted accounting principles established by the State Auditor."
SECTION 12. Section 11-39-50 of the 1976 Code is amended to read:
"Section 11-39-50. Oil overcharge funds must be deposited by the State Treasurer in interest-bearing accounts of the State, with interest earned to be earmarked for the same purposes as the oil overcharge monies. The administering entity shall ensure that funds are drawn down and disbursed in a manner which that ensures the maximum interest accruing to the State Treasurer's oil overcharge funds account. The State Auditor shall conduct an annual financial compliance audit and budget adequate funds to cover its cost."
SECTION 13. Section 11-49-100 of the 1976 Code, as added by Act 387 of 2000, is amended to read:
"Section 11-49-100. All accounts of the authority must be held and maintained separately from all other funds, properties, assets, and accounts of this State and its other agencies. The board shall keep an accurate account of all of its activities and all of its receipts and expenditures and annually, in the month of January, shall make a report of its activities to the State Budget and Control Board, the report to be in a form prescribed by the State Budget and Control Board with the written approval of the State Auditor. Audited financial statements must be submitted to the Comptroller General by October fifteenth following the end of the fiscal year."
SECTION 14. Section 12-28-2725 of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"Section 12-28-2725. Of the ten and thirty-four hundredths cents user fee on gasoline imposed pursuant to this chapter, an amount equal to twenty-five hundredths of a cent on each gallon must be used by the department for mass transit.
The State Auditor annually shall conduct an audit, to include an in-depth financial review of or cause to be audited, the state's regional transit authorities and eleemosynary organizations acting as regional transit authorities receiving funds from the Department of Transportation. Reimbursement for the audit must be paid from the funds provided in this section. A copy Copies of the audit audits must be provided made available to the department. A report on these audits annually must be submitted and to the General Assembly."
SECTION 15. The last undesignated paragraph of Section 20-7-5020 of the 1976 Code is amended to read:
"Members may be paid per diem, mileage, and subsistence as established by the board not to exceed standards provided by law for boards, committees, and commissions. A complete report of the activities of the Trust Fund must be made annually to the General Assembly and the State Auditor."
SECTION 16. The last undesignated paragraph of Section 20-7-9710 of the 1976 Code is amended to read:
"Vacancies for any reason must be filled in the manner of the original appointment for the unexpired term. No A member may not serve more than two terms or eight years, whichever is longer. Members A member who miss misses more than three consecutive meetings without excuse or members a member who resign resigns must be replaced in the same manner as their his predecessor. Members may be paid per diem, mileage, and subsistence as established by the board not to exceed standards provided by law for boards, committees, and commissions. A complete report of the activities of the First Steps to School Readiness Board of Trustees must be made annually to the General Assembly and the State Auditor."
SECTION 17. Section 23-47-50(E) of the 1976 Code is amended to read:
"(E) The 'emergency telephone system' fund must be included in the annual audit of the local government in accordance with guidelines issued by the state auditor's office. A report of the audit must be forwarded to the state auditor within sixty days of its completion, and a copy sent to DIRM generally accepted auditing standards."
SECTION 18. Section 23-47-65(A)(1) and (C)(2) and (3), of the 1976 Code, as last amended by Act 233 of 2000, is further amended to read:
"(A)(1) The CMRS Emergency Telephone Services Advisory Committee is created to assist the board in carrying out its responsibilities in implementing a wireless enhanced 911 system consistent with FCC Docket Number 94-102. The committee shall must be appointed by the Governor and shall consist of: the State Auditor, ex officio; the Director of the Office of Information Resources State Chief Information Officer Division, Budget and Control Board, ex officio; two employees of CMRS providers licensed to do business in the State; two 911 system employees; and one employee of a telephone (local exchange access facility) service supplier licensed to do business in the State; and one consumer. Local governments and related organizations such as the National Emergency Number Association may recommend PSAP Committee members, and industry representatives may recommend wireline and CMRS committee members to the Governor. There is no expense reimbursement or per diem payment from the fund created by the CMRS surcharge made to members of the committee."
(C)(2) with the State Auditor's Office and the State Treasurer, prepare annual reports outlining fees collected and monies disbursed to PSAP and CMRS providers, and submit annual reports outlining monies disbursed for operations of the board;
(3) retain an independent, private auditor, as provided in the Consolidated Procurement Code, for the purposes of receiving, maintaining, and verifying the accuracy of any proprietary information submitted to the board by CMRS providers or PSAP's, and assisting the committee in its duties, including its annual calculation of the average 911 charges pursuant to Section 23-47-50(f) and in any cost studies it may conduct. Due to the confidential and proprietary nature of the information submitted by CMRS providers, the information may not be released to a party other than the State Auditor independent private auditor and is expressly exempt from disclosure pursuant to Chapter 4 of Title 30. The information collected by the auditor shall only may be released only in aggregate amounts that do not identify or allow identification of numbers of subscribers or revenues attributable to an individual CMRS provider;"
SECTION 19. The last undesignated paragraph of Section 25-21-20 of the 1976 Code is amended to read:
"A complete report of the activities of the Veterans' Trust Fund must be made to the General Assembly and State Auditor annually."
SECTION 20. Section 38-79-470(3) of the 1976 Code is amended to read:
"(3) On or before December thirty-first of each year the State Auditor shall audit, or cause to be audited, the records of the Fund. and shall furnish an audited financial report Audit reports must be available to all Fund participants, the Department of Insurance, the Legislative Audit Council, and the Budget and Control Board."
SECTION 21. Section 43-33-320 of the 1976 Code is amended to read:
"Section 43-33-320. Effective April 1, 1979, all authority and state funds provided by law to the organization bearing the corporate name, Advocacy for the Handicapped Citizens, Inc., shall must be transferred to the eleemosynary corporation bearing the corporate name, South Carolina Protection and Advocacy System for the Handicapped, Inc. The amount of unexpended funds transferred pursuant to this section shall be determined and certified by the State Auditor. All records relating to the operations of the Advocacy for Handicapped Citizens, Inc., which involve responsibilities under pursuant to Section 113 of Public Law 94-103, as amended by 95-602, shall also must be transferred."
SECTION 22. Section 44-96-165 of the 1976 Code, as added by Act 405 of 2000, is amended to read:
"Section 44-96-165. The Department of Health and Environmental Control, in consultation with the approval of the State Auditor, shall contract with one or more qualified, independent certified public accountants on a one-year basis to audit revenues and disbursements from the Solid Waste Management Trust Fund and the Waste Tire Trust Fund established pursuant to Section 44-96-120 and from the Petroleum Fund established pursuant to Section 44-96-160(V). The auditors may audit any relevant records of any a public or private entity that has submitted, kept, handled, or tracked monies for any of the three funds. This contract must be funded by the Solid Waste Management Trust Fund, the Petroleum Fund, and the Waste Tire Trust Fund."
SECTION 23. Section 46-17-380 of the 1976 Code is amended to read:
"Section 46-17-380. (A) The commission and the commodity board shall keep, separately for each agreement and order in accordance with accepted standards of good accounting practice, accurate records of all assessments, collections, receipts, deposits, withdrawals, disbursements, paid-outs, moneys monies, and other financial transactions made pursuant to such an order or agreement, and such the records shall must be audited at least annually subject to procedures prescribed by the State Auditor in accordance with generally accepted auditing standards. The books and accounts maintained under every such agreement and order shall must be closed as of the last day of each fiscal year of the State.
(B) A copy of every audit shall must be delivered within thirty days after completion to the Governor, the commission, the State Auditor, and the commodity board of the agreement or order concerned. The State Auditor shall make at least annually a composite financial statement showing the financial position under all such orders and agreements as of the last day of the fiscal year of the State and a copy of such composite financial statement shall be delivered within thirty days after completion thereof to the Governor, the Commission and the commodity board."
SECTION 24. Section 48-5-160 of the 1976 Code, as last amended by Act 41 of 1997, is further amended to read:
"Section 48-5-160. The authority shall submit, following the close of each fiscal year, an annual report of its activities for the preceding year to the Governor and to the members of the General Assembly. The authority in cooperation with the department shall also shall submit to the agency an annual report in accordance with requirements of the Clean Water Act and a biennial report in accordance with requirements of the Safe Drinking Water Act. The State Auditor or, upon his approval, an independent certified public accountant shall perform an audit of the books and accounts of the authority at least once in each fiscal year."
SECTION 25. The first undesignated paragraph of Section 49-6-20 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"There is created the South Carolina Aquatic Plant Management Trust Fund which must be kept separate from other funds of the State. The fund must be administered by the department for the purpose of receiving and expending funds for the prevention, management, and research of aquatic plant problems in public waters of South Carolina. Unexpended balances, including interest derived from the fund, must be carried forward each year and used for the purposes specified above. The fund shall be subject to annual audit by the Office of the State Auditor."
SECTION 26. Section 50-3-760 of the 1976 Code is amended to read:
"Section 50-3-760. Expenditure of the income derived from the fund must be made through the board in accordance with the provisions of the general appropriations appropriation act. The fund is subject to the oversight of the State Auditor."
SECTION 27. Section 50-3-950 of the 1976 Code, as added by Act 419 of 1998, is further amended to read:
"Section 50-3-950. Expenditure of the income derived from the fund must be made through the board in accordance with the provisions of the general appropriations appropriation act. The fund is subject to the oversight of the State Auditor."
SECTION 28. Section 50-11-20(C)(3) of the 1976 Code is amended to read:
"(3) The committee shall have an annual audit of its finances conducted by the State Auditor and shall furnish a copy to the board."
SECTION 29. Section 52-5-110(C) of the 1976 Code is amended to read:
"(C) Carolina Cup Racing Association, Incorporated, a South Carolina nonprofit corporation (Association) is the authority for the day-to-day management of the facility and shall continue to operate the facilities located on the property in the same manner as it has been operated formerly. The association shall annually shall receive the income from the Springdale Fund provided in Section 52-5-120 and shall account to the State Treasurer, the State Auditor, and the State Budget and Control Board on the expenditure of funds for the operation of the training facility. The income from the training facility must be accounted for, together with an annual audit by an independent certified public accounting firm, and the audit submitted to the same officials no later than ninety days after the end of the Association's fiscal year as established by tax election."
SECTION 30. Section 56-10-660(A) of the 1976 Code, as added by Act 324 of 2002, is amended to read:
"(A) The division, for a fee as prescribed and promulgated by regulation, shall disclose an individual's reported database information upon request by the following individuals and agencies only:
(1) the individual;
(2) the parent or legal guardian of an individual who is an unemancipated minor;
(3) the legal guardian of an individual who is legally incapacitated;
(4) any a person who has power of attorney from the individual;
(5) any a person who submits a notarized release from the individual that is dated no more than ninety days before the date the request is made;
(6) any a person suffering loss or injury or against whom a claim is made for loss or injury in a motor vehicle accident in which the individual is involved, but only as part of an accident report authorized in Section 56-9-351;
(7) the office of the state auditor, for the purpose of conducting any audit authorized by law;
(8) any a state or local government agency investigating, litigating, or enforcing the person's compliance with the financial security requirements; or
(9)(8) persons regulated under Title 38 of the 1976 Code for the purposes of paying or adjudicating claims and preventing fraud or abuse."
SECTION 31. Section 59-2-100(C) of the 1976 Code, as added by Act 72 of 2001, is amended to read:
"(C) The Office of State Treasurer shall prepare or cause to be prepared an annual report setting forth in appropriate detail an accounting of the funds and a description of the financial condition of the program at the close of each fiscal year. Such The report shall must be submitted to the Governor and the General Assembly. In addition, the Office of State Treasurer shall make the report available to account owners of investment trust agreements. The accounts of the fund shall be subject to annual audits by the State Auditor or his designee."
SECTION 32. Section 59-4-70 of the 1976 Code is amended to read:
"Section 59-4-70. Upon implementation of the program, the director or his designee shall prepare an annual financial report of the fund and the program. This report must be submitted to the treasurer on the date and in the format prescribed by the treasurer. The program and the fund also are subject to audit by the State Auditor or his designee. The director or his designee annually shall evaluate the actuarial soundness of the fund and report this information to the treasurer."
SECTION 33. Section 59-109-170 of the 1976 Code is amended to read:
"Section 59-109-170. The Authority shall keep an accurate account of all its activities and of all its receipts and expenditures and shall annually in the month of January shall make a report thereof of it to its members, and to the Governor and to the State Auditor, such reports to be in a form prescribed by the members, with the written approval of the Auditor."
SECTION 34. Section 59-150-90(A) of the 1976 Code, as added by Act 59 of 2001, is amended to read:
"(A) The executive director of the commission shall direct and supervise all administrative and technical activities as provided for in this chapter, regulations promulgated pursuant to the Administrative Procedures Act, and policies and procedures adopted by the board. It is the duty of the executive director to oversee the initiation, and supervise and administer the operation of the lottery games as defined in Section 59-150-20(7); employ and direct necessary personnel; employ by contract and compensate necessary persons and firms, except that the contract must not be with an entity for the purpose of having that entity undertake the organization and conduct of the lottery; promote or provide for promotion of the lottery and functions related to the commission; prepare a budget for the approval of the board; require bond from a lottery retailer and a lottery vendor in amounts required by the board; report monthly to the State Auditor and the board a full and complete statement of lottery revenues and expenses for the preceding thirteen months; and perform other duties generally associated with an executive director of a commission of an entrepreneurial nature."
SECTION 35. Section 59-150-320(1), (4), and (5), as added by Act 59 of 2001, is amended to read:
"(1) submit quarterly and annual reports to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the State Auditor, the Comptroller General, the State Treasurer, and the Chairmen of the House Ways and Means Committee, the Senate Finance Committee, and the oversight committee created by Section 59-150-325 disclosing the total lottery revenues, prize disbursements, operating expenses, and administrative expenses of the commission during the reporting period. The annual report additionally must describe the organizational structure of the commission, summarize the functions performed by each organizational division within the commission, and contain a detailed budget for the next fiscal year. The quarterly reports must be submitted within fifteen days of the end of the quarter, and the annual report must be submitted by October fifteenth;
(4) authorize the State Auditor to contract with a certified public accountant or firm for an independently audited financial statement prepared in accordance with generally accepted accounting principles, to be submitted to the Comptroller General's office each year no later than October fifteenth. The certified public accountant or firm shall not have a financial interest in a lottery vendor with whom the commission is under contract. The certified public accountant or firm shall evaluate the internal auditing controls in effect during the audit period. The cost of this annual financial audit is an operating expense of the commission. The State Auditor may at any time conduct an audit, or cause to be audited, of any phase of the operations of the commission at the expense of the State and shall receive a copy of the annual independent financial audit. A copy of an interim audit performed by the certified public accountant or firm or the State Auditor must be transmitted after the close of the commission's fiscal year to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the State Auditor, the State Treasurer, the Comptroller General, and the Chairmen of the House Ways and Means Committee and the Senate Finance Committee, and the oversight committee co-chairmen;
(5) submit, for informational purposes only, to the Office of State Budget of the Budget and Control Board and the State Auditor by June thirtieth of each year a copy of the annual operating budget for the commission for the next fiscal year. This annual operating budget must be approved by the South Carolina Lottery Commission Board;"
SECTION 36. Sections 1-7-408 and 51-22-40 are repealed.
SECTION 37. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to read:
/ TO AMEND CHAPTER 7 OF TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE AUDITOR, SO AS TO FURTHER PROVIDE FOR THE RESPONSIBILITIES, DUTIES, AND OVERSIGHT FUNCTIONS OF THE STATE AUDITOR INCLUDING THE USE OF INDEPENDENT ACCOUNTING FIRMS AND GENERALLY ACCEPTED AUDITING STANDARDS TO PERFORM AUDITS OF STATE AGENCIES AND ENTITIES, THE STATE'S FINANCIAL STATEMENTS, FEDERAL PROGRAM COMPLIANCE, AND LOCAL GOVERNMENT COMPLIANCE IN COLLECTING AND REMITTING FINES, AND TO PROVIDE FOR DISSEMINATION OF AUDIT REPORTS, INDEPENDENCE AND OBJECTIVITY OF THE AUDIT FUNCTION, AND THE USE OF A CERTIFIED PUBLIC ACCOUNTING FIRM TO CONDUCT A PORTION OF THE AUDIT OF THE STATE'S COMPREHENSIVE ANNUAL FINANCIAL REPORT, THE COST OF WHICH IS SHARED EQUITABLY AMONG STATE AGENCIES; TO AMEND SECTIONS 1-11-20, RELATING TO DIVISIONS OF THE BUDGET AND CONTROL BOARD; 2-7-62 AND 2-7-69, BOTH RELATING TO REPORTS MADE IN CONNECTION WITH THE CONSIDERATION OF THE GENERAL APPROPRIATION ACT; 8-11-135, AS AMENDED, RELATING TO PAYMENT OF MOVING EXPENSES OF NEW STATE EMPLOYEES; 10-1-140, AS AMENDED, AND 10-3-30, BOTH RELATING TO PUBLIC BUILDINGS AND PROPERTY; 11-9-110 AND 11-9-125, AS AMENDED, BOTH RELATING TO USE OF CONTRIBUTED FUNDS; 11-11-420, RELATING TO CERTIFICATION OF COMPLIANCE WITH STATE PERMANENT EMPLOYEES LIMITATION; 11-35-40, AS AMENDED, RELATING TO THE STATE CONSOLIDATED PROCUREMENT CODE; 11-39-50, RELATING TO OIL OVERCHARGE FUNDS; 11-49-100, RELATING TO REPORTING BY THE TOBACCO SETTLEMENT REVENUE MANAGEMENT AUTHORITY; 12-28-2725, AS AMENDED, RELATING TO THE AUDIT OF THE STATE'S REGIONAL TRANSIT AUTHORITIES; 20-7-5020 AND 20-7-9710, AS AMENDED, BOTH RELATING TO THE BOARDS OF TRUSTEES OF THE CHILDREN'S TRUST FUND AND FIRST STEPS TO SCHOOL READINESS, RESPECTIVELY; 23-47-50, AS AMENDED, AND 23-47-65, AS AMENDED, BOTH RELATING TO THE EMERGENCY TELEPHONE SYSTEM; 25-21-20, AS AMENDED, RELATING TO THE VETERANS' TRUST FUND; 38-79-470, RELATING TO THE MEDICAL MALPRACTICE FUND; 43-33-320, RELATING TO THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC.; 44-96-165, RELATING TO SOLID WASTE TRUST FUNDS; 46-17-380, RELATING TO THE AGRICULTURAL COMMODITIES MARKETING BOARD; 48-5-160, AS AMENDED, RELATING TO THE WATER QUALITY REVOLVING FUND AUTHORITY; 49-6-20, AS AMENDED, RELATING TO THE AQUATIC PLANT MANAGEMENT TRUST FUND; 50-3-760, 50-3-950, AND 50-11-20, AS AMENDED, ALL RELATING TO FUNDS ESTABLISHED IN THE DEPARTMENT OF NATURAL RESOURCES; 52-5-110, RELATING TO THE SPRINGDALE FUND; 56-10-660, RELATING TO THE DISCLOSURE OF MOTOR VEHICLE INSURANCE DATABASE INFORMATION; 59-2-100, RELATING TO THE SOUTH CAROLINA INVESTMENT PROGRAM; 59-4-70, RELATING TO THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM; 59-109-170, RELATING TO THE EDUCATIONAL FACILITIES AUTHORITY; AND 59-150-90 AND 59-150-320, BOTH RELATING TO THE EDUCATION LOTTERY COMMISSION, ALL SO AS TO CONFORM THOSE SECTIONS TO, AND OTHERWISE TO REFLECT THE CHANGES TO, THE STATE AUDITOR'S DUTIES AS DESCRIBED IN CHAPTER 7 OF TITLE 11; AND TO REPEAL SECTION 1-7-408, RELATING TO THE REPORTING OF EXPENDITURES BY A COUNTY SOLICITOR, AND SECTION 51-22-40, RELATING TO AN AUDIT OF THE LEGACY TRUST FUND. /
Rep. RICE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3742 (Word version) -- Reps. Harrell, Toole, Haley, Ballentine, Miller, Cobb-Hunter, Ott, J. H. Neal, Anthony, Phillips, Coleman, Battle, E. H. Pitts, Merrill, Hinson, Huggins, Frye, Clark, Duncan, Bingham, Thompson, Ceips, Mahaffey and Chellis: A BILL TO AMEND SECTION 11-35-1524, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESIDENT VENDOR PREFERENCE FOR PURPOSES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO REPLACE THIS PREFERENCE WITH A BEST-VALUE ANALYSIS OF BIDS FOR THE PURPOSE OF PROMOTING PRODUCTS MADE, MANUFACTURED, AND GROWN IN SOUTH CAROLINA AND FOR THE PURPOSE OF PROMOTING SERVICES PROVIDED BY WORKERS RESIDING IN THIS STATE AND END-PRODUCTS AVAILABLE FROM RESIDENT VENDORS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22099HTC05), which was adopted:
Amend the bill, as and if amended, in Section 11-35-1524(C), as contained in Section 1, page 4, line 39, by striking / ten / and inserting / twenty-five / so that when amended, subsection (C) reads:
/ (C) Exceptions. This section does not apply to any solicitation, bid, offer, or procurement where the contract award is less than twenty-five thousand dollars. /
Renumber sections to conform.
Amend title to conform.
Rep. RICE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3264 (Word version) -- Reps. Townsend, Wilkins, W. D. Smith, Miller, Harrell, Harrison, Cato, J. Brown, Witherspoon, Chellis, Cooper, Martin, J. R. Smith, Thompson, White, Vaughn, Scarborough, Leach, Bailey, Viers, Hagood, Walker, Hardwick, Hamilton, Mahaffey and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-223 SO AS TO ELIMINATE INCREASES IN FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY ATTRIBUTABLE TO QUADRENNIAL REASSESSMENT IN THE COUNTY, AND PROVIDE THE PERIOD FOR WHICH THIS EXEMPTION APPLIES; AND TO AMEND SECTION 12-37-223A., RELATING TO THE COUNTY OPTION PROPERTY TAX EXEMPTION LIMITING TO FIFTEEN PERCENT INCREASES IN FAIR MARKET VALUE OF REAL PROPERTY AS A RESULT OF QUADRENNIAL REASSESSMENT IN A COUNTY, SO AS TO CONFORM THIS OPTIONAL EXEMPTION TO THE PROVISIONS OF SECTION 12-37-223 OF THE 1976 CODE AS ADDED BY THIS ACT.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10782HTC05):
Amend the bill, as and if amended, beginning on page 3, by striking Sections 2 and 3 and inserting:
/ Section 2. Section 12-37-223A of the 1976 Code is repealed.
Section 3. This act takes effect upon approval by the Governor and applies for countywide assessment and equalization program values implemented after 2004. /
Renumber sections to conform.
Amend title to read:
/TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-223 SO AS TO ELIMINATE INCREASES IN FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY ATTRIBUTABLE TO QUADRENNIAL REASSESSMENT IN THE COUNTY, AND PROVIDE THE PERIOD FOR WHICH THIS EXEMPTION APPLIES; AND TO REPEAL SECTION 12-37-223A, RELATING TO A COUNTY OPTION PROPERTY TAX EXEMPTION./
Rep. HARRELL explained the amendment.
Reps. SKELTON, D. C. SMITH, MILLER, SCOTT, THOMPSON, TOWNSEND, HOSEY, J. H. NEAL, HERBKERSMAN, WEEKS, FRYE, OWENS, HARRELL, ANDERSON, J. R. SMITH, HIOTT and G. R. SMITH requested debate on the Bill.
The following Bill was taken up:
H. 3453 (Word version) -- Reps. Limehouse, Altman, Barfield, Bailey, Rice, Scarborough, Wilkins, Owens, Clemmons, Hagood and Mahaffey: 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 AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT A SUFFICIENT AMOUNT OF THE FAIR MARKET VALUE OF A WATERCRAFT AND OF THE COMBINED VALUE OF A WATERCRAFT AND ITS MOTOR, IF TAXED SEPARATELY, TO LIMIT TO ONE THOUSAND FIVE HUNDRED DOLLARS THE PROPERTY TAX DUE ON THE WATERCRAFT OR BOTH THE WATERCRAFT AND THE MOTOR, FOR ONE PROPERTY-TAX YEAR.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22101HTC05):
Amend the bill, as and if amended, in Section 12-37-220(38), as contained in Section 2, page 2, by striking subitem (b) and inserting:
/ (b) an amount of the fair market value of any watercraft, including those assessed pursuant to Section 12-37-224, sufficient to limit to one thousand five hundred dollars the total property tax on the watercraft for a property-tax year. /
Renumber sections to conform.
Amend title to conform.
Rep. HARRELL explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. HARRELL having the floor.
Rep. LITTLEJOHN withdrew his request for debate on H. 3235 (Word version); however, other requests for debate remained on the Bill.
Rep. COBB-HUNTER, with unanimous consent, made a statement relative to the events of last week.
The Veto on the following Act was taken up:
(R39) S. 547 (Word version) -- Senator Sheheen: AN ACT TO AMEND ACT 587 OF 1994, AS AMENDED, RELATING TO THE CREATION OF THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION, SO AS TO PROVIDE FOR THE TERMS OF THE ADDITIONAL MEMBERS ADDED TO THE BOARD AND TO DELETE ARCHAIC LANGUAGE.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Jennings Neilson Vick
Those who voted in the negative are:
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Senate amendments to the following Joint Resolution were taken up for consideration:
H. 3133 (Word version) -- Reps. Delleney, Harrison, Altman, Simrill, Taylor, Vaughn, Davenport, Sandifer, Barfield, Owens, E. H. Pitts, Rice, Clark, Walker, Toole, Viers, M. A. Pitts, Vick, Littlejohn, Coates, Wilkins and Mahaffey: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MISCELLANEOUS MATTERS, BY ADDING SECTION 15, SO AS TO PROVIDE THAT A MARRIAGE OF ONE MAN AND ONE WOMAN IS THE ONLY LAWFUL DOMESTIC UNION THAT SHALL BE VALID OR RECOGNIZED IN THIS STATE.
Rep. DELLENEY explained the Senate Amendments.
The Senate amendments were agreed to, and the Joint Resolution having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
S. 22 (Word version) -- Senators Knotts, McConnell, Leventis, Sheheen, Hayes, Alexander, Ford, McGill, Williams and Malloy: A BILL TO AMEND SECTION 14-7-1610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGISLATIVE INTENT OF ARTICLE 15, CHAPTER 7, TITLE 14, SO AS TO PROVIDE THAT THERE IS A NEED TO ENHANCE THE GRAND JURY SYSTEM TO IMPROVE THE ABILITY OF THE STATE TO DETECT AND INVESTIGATE VIOLATIONS WHICH RESULT IN HARM TO THE ENVIRONMENT AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, BECAUSE OF ITS UNIQUE QUALIFICATIONS, MUST PLAY A SUBSTANTIAL ROLE IN THE INVESTIGATION OF ANY SUCH ALLEGED ENVIRONMENTAL OFFENSE; AND TO AMEND SECTION 14-7-1630, RELATING TO THE JURISDICTION OF THE STATE GRAND JURY, SO AS TO EXTEND THE SUBJECT MATTER JURISDICTION OF THE STATE GRAND JURY TO INCLUDE WILFUL CRIMINAL VIOLATIONS WHICH RESULT IN HARM TO THE ENVIRONMENT, AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MUST MAKE A FORMAL WRITTEN RECOMMENDATION TO THE ATTORNEY GENERAL AND THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION IN CONSIDERATION OF THE NEED TO IMPANEL A STATE GRAND JURY.
Rep. G. M. SMITH explained the Senate Amendments.
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration:
S. 49 (Word version) -- Senators Hayes, Elliott, Hutto, Leventis, Rankin, Patterson, Land, Short, Richardson, Lourie, McConnell and Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-290 SO AS TO REQUIRE HEALTH INSURANCE PLANS TO PROVIDE COVERAGE FOR TREATMENT OF MENTAL ILLNESS OR ALCOHOL OR SUBSTANCE ABUSE, TO ALLOW A PLAN THAT DOES NOT PROVIDE FOR MANAGEMENT OF CARE OR THE SAME DEGREE OF MANAGEMENT OF CARE FOR ALL HEALTH CONDITIONS TO PROVIDE COVERAGE FOR SUCH TREATMENT THROUGH A MANAGED CARE ORGANIZATION, TO ESTABLISH TREATMENT CONDITIONS TO QUALIFY FOR COVERAGE, AND TO REQUIRE THE DEPARTMENT OF INSURANCE TO REPORT TO THE GENERAL ASSEMBLY ON THE FISCAL IMPACT.
Rep. CATO explained the Senate Amendments.
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
The motion of Rep. FRYE to reconsider the vote whereby the following Bill was given a second reading was taken up:
H. 3647 (Word version) -- Reps. E. H. Pitts, Hinson, Young, Rutherford and Kirsh: A BILL TO AMEND SECTION 53-1-5, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF AN EMPLOYEE OF A BUSINESS TO REFUSE TO WORK ON SUNDAY, SO AS TO FURTHER PROVIDE FOR PROTECTION OF THIS RIGHT TO REFUSE TO WORK ON SUNDAY BY REASON OF CONSCIENTIOUS OBJECTION TO SUNDAY WORK AND TO EXCLUDE A MANUFACTURING OR RESEARCH AND DEVELOPMENT OPERATION REQUIRING CONTINUOUS UNINTERRUPTED OPERATION; TO REPEAL THE REMAINING SECTIONS OF CHAPTER 1 OF TITLE 53, SECTIONS 53-1-6 THROUGH 53-1-160, POPULARLY KNOWN AS THE "SUNDAY BLUE LAWS", RELATING TO THE PROHIBITION AGAINST THE SALE OF CERTAIN ITEMS ON SUNDAY EXCEPT DURING SPECIFIED HOURS AND THE PROHIBITION AGAINST THE CONDUCT OF CERTAIN WORK OR EVENTS OR THE OPERATION OF SPECIFIC BUSINESSES OR MANUFACTURING ESTABLISHMENTS ON SUNDAY; AND TO PROVIDE THAT THIS ACT DOES NOT AFFECT PROVISIONS OF LAW PROHIBITING OR OTHERWISE REGULATING THE SALE OF ALCOHOLIC LIQUORS, BEER, OR WINE ON SUNDAY.
Rep. SCOTT moved to table the motion to reconsider, which was agreed to.
The question then recurred to the passage of the Bill on third reading.
Rep. WHIPPER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Bailey Bales Battle Brady Breeland R. Brown Cato Ceips Chellis Clemmons Clyburn Cobb-Hunter Cotty Dantzler Edge Emory Funderburk Hagood Hardwick Harrell Harrison Herbkersman J. Hines Hinson Jefferson Jennings Kennedy Kirsh Lee Limehouse Littlejohn Lucas Mahaffey McCraw Merrill Miller Moody-Lawrence Neilson Norman Parks Perry E. H. Pitts M. A. Pitts Rhoad Rice Rivers Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith J. E. Smith J. R. Smith W. D. Smith Talley Taylor Umphlett Weeks Whipper Wilkins Witherspoon
Those who voted in the negative are:
Anderson Anthony Ballentine Barfield Bingham Bowers Branham G. Brown J. Brown Chalk Clark Coates Cooper Delleney Duncan Frye Govan Haley Hamilton Haskins Hayes M. Hines Hosey Howard Huggins Leach Loftis Mack McGee McLeod J. H. Neal Ott Owens Phillips Pinson Sandifer Scott Simrill G. R. Smith Thompson Toole Townsend Vaughn Vick Walker White Whitmire
So, the Bill was read the third time and ordered sent to the Senate.
The following Concurrent Resolution was taken up:
S. 739 (Word version) -- Senators Hawkins and Reese: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS AT THE TOWN OF INMAN'S TOWN LIMITS AT ITS INTERSECTION WITH UNITED STATES HIGHWAY 176 AND SOUTH CAROLINA HIGHWAY 292 THAT CONTAIN THE WORDS "INMAN, SOUTH CAROLINA HOME OF JEANNA RANEY MISS SOUTH CAROLINA 2001".
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly, by this resolution, request that the Department of Transportation place appropriate signs containing the words "Inman, South Carolina Home of Jeanna Raney Miss South Carolina 2001" at the Town of Inman's town limits where it intersects with United States Highway 176 at both the northside and southside of the town, and at South Carolina Highway 292 at both the eastside and westside of the town.
Be it further resolved that the signs requested by this resolution shall be removed one year following the date of their erection.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
Rep. WALKER proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20432SD05), which was adopted:
Amend the resolution, as and if amended, by adding a new paragraph after the second paragraph following the resolving words to read:
/Be it further resolved that the signs requested by this resolution shall be removed one year following the date of their erection. /
Renumber sections to conform.
Amend title to conform.
Rep. WALKER explained the amendment.
The amendment was then adopted.
The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up:
H. 3786 (Word version) -- Reps. Duncan, Taylor and M. A. Pitts: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF UNITED STATES HIGHWAY 76 AND BARNES ROAD/TEMPLETON ROAD IN LAURENS COUNTY THE "JAMES E. 'BUBBA' NORRIS MEMORIAL INTERSECTION" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "JAMES E. 'BUBBA' NORRIS MEMORIAL INTERSECTION".
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request that the Department of Transportation name the intersection of United States Highway 76 and Barnes Road/Templeton Road in Laurens County the "James E. 'Bubba' Norris Memorial Intersection", and to erect appropriate markers or signs at this intersection that contain the words "James E. 'Bubba' Norris Memorial Intersection".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
Rep. SINCLAIR moved that the House recur to the Morning Hour, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3992 (Word version) -- Reps. Hamilton, Leach, G. R. Smith, Tripp and Vaughn: A BILL TO AMEND ARTICLE 5, CHAPTER 5 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC LAWS, BY ADDING SECTION 56-5-830 SO AS TO AUTHORIZE LOCAL GOVERNMENTS TO ADOPT ORDINANCES FOR THE CIVIL ENFORCEMENT OF CERTAIN TRAFFIC LAWS BY THE USE OF TRAFFIC CONTROL SIGNAL MONITORING SYSTEMS; TO AMEND SECTION 14-25-45, RELATING TO THE JURISDICTION OF SUMMARY COURTS, SO AS TO PROVIDE FOR JURISDICTION OVER NONCRIMINAL CITATIONS ISSUED PURSUANT TO SECTION 56-5-830; AND TO AMEND SECTION 56-5-710, RELATING TO THE POWERS OF LOCAL AUTHORITIES TO ENFORCE TRAFFIC LAWS, SO AS TO ADD THE AUTHORITY TO ADOPT ORDINANCES FOR THE CIVIL ENFORCEMENT OF CERTAIN TRAFFIC LAWS BY THE USE OF TRAFFIC CONTROL SIGNAL MONITORING SYSTEMS.
Referred to Committee on Judiciary
H. 3993 (Word version) -- Rep. Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-31-170 SO AS TO PROVIDE TRAINING AND EXPERIENCE REQUIREMENTS THAT A COUNSELOR FOR THE STATE AGENCY OF VOCATIONAL REHABILITATION SHALL MEET.
Referred to Committee on Medical, Military, Public and Municipal Affairs
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. HARRELL having the floor:
H. 3453 (Word version) -- Reps. Limehouse, Altman, Barfield, Bailey, Rice, Scarborough, Wilkins, Owens, Clemmons, Hagood and Mahaffey: 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 AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT A SUFFICIENT AMOUNT OF THE FAIR MARKET VALUE OF A WATERCRAFT AND OF THE COMBINED VALUE OF A WATERCRAFT AND ITS MOTOR, IF TAXED SEPARATELY, TO LIMIT TO ONE THOUSAND FIVE HUNDRED DOLLARS THE PROPERTY TAX DUE ON THE WATERCRAFT OR BOTH THE WATERCRAFT AND THE MOTOR, FOR ONE PROPERTY-TAX YEAR.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22101HTC05), which was adopted:
Amend the bill, as and if amended, in Section 12-37-220(38), as contained in Section 2, page 2, by striking subitem (b) and inserting:
/ (b) an amount of the fair market value of any watercraft, including those assessed pursuant to Section 12-37-224, sufficient to limit to one thousand five hundred dollars the total property tax on the watercraft for a property-tax year. /
Renumber sections to conform.
Amend title to conform.
Rep. HARRELL continued speaking.
The amendment was then adopted.
Rep. MAHAFFEY proposed the following Amendment No. 2 (Doc Name COUNCIL\MS\7448AHB05), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/ SECTION ___. A. Section 12-37-224 of the 1976 Code is amended to read:
"Section 12-37-224. A motor home, or trailer used for camping and recreational travel that is pulled by a motor vehicle, on which the interest portion of indebtedness is deductible pursuant to the Internal Revenue Code as an interest expense on a qualified primary or second residence is also a primary or second residence for purposes of ad valorem property taxation in this State and is considered real property rather than personal property for property tax purposes."
B. This section takes effect upon approval by the Governor and is applicable for travel trailer property tax years beginning after 2005. /
Renumber sections to conform.
Amend title to conform.
Rep. MAHAFFEY explained the amendment.
Rep. J. E. SMITH raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
SPEAKER PRO TEMPORE W. D. SMITH stated that the Bill as amended dealt with the tax exemptions on motor homes and boats and that Amendment No. 2 merely included a trailer as tax exempt. He therefore overruled the Point of Order.
Rep. MAHAFFEY continued speaking.
Rep. COTTY spoke against the amendment.
Rep. COTTY moved to table the amendment.
Rep. BALES demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 38 to 45.
The amendment was then adopted by a division vote of 38 to 31.
Rep. MCLEOD proposed the following Amendment No. 3 (Doc Name COUNCIL\DKA\3387DW05), which was ruled out of order:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 36, Title 12 of the 1976 Code is amended by adding:
Section 12-36-1110. An additional sales, use, and casual excise tax equal to two percent is imposed on amounts taxable pursuant to this chapter."
SECTION 2. Section 11-11-150 of the 1976 Code, as last amended by Act 387 of 2000, is further amended by adding:
"(H) Beginning July 1, 2005, and notwithstanding the provisions of Section 12-37-251(B) revenues from the Trust Fund for Tax Relief to be distributed to a school district as a reimbursement for the property tax exemption enumerated in item (1) of subsection (A) must be paid monthly in an amount that is the district's share of these revenues based on the district's weighted pupil units as a percentage of statewide weighted pupil units as determined annually pursuant to the Education Finance Act."
SECTION 3. Chapter 11, Title 11 of the 1976 Code is amended by adding:
"Section 11-11-155. (A) For each fiscal year, the revenue from the tax imposed pursuant to Section 12-36-1110 are automatically credited to a fund separate and distinct from the state general fund known as the 'School Tax Millage Exemption Trust Fund' (the School Trust Fund). The Board of Economic Advisors shall account for the School Trust Fund revenue separately from general fund revenues in reports to the Governor and the General Assembly. No portion of these revenues is credited to the Education Improvement Act (EIA) Fund.
(B) An unexpended balance in the School Trust Fund at the end of a fiscal year must remain in the School Trust Fund.
(C) Earnings on the School Trust Fund must be credited to the School Trust Fund.
(D) Nothing in this section prohibits appropriations by the General Assembly of additional revenues to the School Trust Fund."
SECTION 4. Chapter 37 of Title 12 of the 1976 Code is amended by adding:
"Section 12-37-253. (A) After the exemption allowed pursuant to Section 12-37-250 and Section 12-37-251, in the case of real property classified pursuant to Section 12-43-220(c), any remaining fair market value otherwise subject to tax and the fair market value of all other real property, however classified, is exempt from all school taxes except taxes:
(1) levied for bonded indebtedness for capital construction for schools;
(2) levied to make payments pursuant to a lease purchase agreement or other financing instrument for capital construction for schools; and
(3) levied for school operations sufficient to prevent any decline in the district's operating budget from state funds and property taxes from fiscal year 2004-2005 to 2005-2006. Millage for fiscal year 2005-2006 to prevent a reduction and fund teacher salaries may not be increased in subsequent years, and it must be decreased in subsequent years through millage adjustments by a dollar amount equal to one-half of the new revenue provided to the district from EFA distributions and the School Trust Fund for those years.
(B) School districts must be paid monthly from revenues credited to the School Trust Fund for a fiscal year for the exemption allowed by this section in an amount that is the district's proportionate share of School Trust Fund revenues based on the district's weighted pupil units as a percentage of statewide weighted pupil units as determined annually pursuant to the Education Finance Act. The School Trust Fund revenues that must be paid to school districts comprise the total of the revenue of the taxes imposed pursuant to Section 12-36-1110.
The General Assembly expresses its intent to fund annual growth in School Trust Fund revenues at least equal to the increase in the Consumer Price Index and state population each year.
(C) Notwithstanding any other provision of law, property exempted from property taxation in the manner provided in this section is considered taxable property for purposes of bonded indebtedness pursuant to Sections 14 and 15 of Article X of the Constitution of this State.
(D) The exemption provided by this section applies for property taxes imposed by any property taxing entity if the revenues of taxes imposed by the entity are used directly or indirectly for school operations."
SECTION 5. 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 all real property, however classified for purposes of the property tax.
(B) There is exempted from property tax an amount of fair market value of real property located in the county sufficient to eliminate any increase in fair market value attributable to a countywide appraisal and equalization program conducted pursuant to Section 12-43-217 or any other manner in which the value of real property may be increased except as provided in item (1) of this subsection. An exemption allowed by this section does not apply to:
(1) fair market value attributable to real property or improvements to real property not previously taxed, such as new construction, and for renovation of existing structures; and
(2) real property transferred after the implementation of the values determined in the most recent countywide equalization program conducted pursuant to Section 12-43-217.
(C) Notwithstanding subsection (B)(2), the exemption provided in subsection (B) applies to real property which has been transferred in a transfer not subject to income tax pursuant to Sections 102 (Gifts and Inheritances), limited to transfers to a spouse or surviving spouse, 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), or 721 (Nonrecognition of Gain or Loss on a Contribution to a Partnership) of the Internal Revenue Code, as defined in Section 12-6-40. The exemption provided in subsection (B) also continues to apply to real property which has been transferred if the transferor retains a life estate in the real property and the transferor continues to occupy the real property as his legal residence and to real property which has been transferred to a trust if the transferor is a life beneficiary of the trust and continues to occupy the real property as his legal residence.
(D) Once the fair market value of real property is first reduced by the exemption allowed in subsection (B), that reduced fair market value remains the fair market value of the property subject to property tax except as otherwise provided in subsection (B)(1) and (2), regardless of further increases in fair market value of that real property as determined in subsequent countywide appraisal and equalization programs or otherwise. When real property is transferred such that the real property is no longer eligible for the exemption provided for in subsection (B), the real property is subject to being taxed in the tax year following the transfer at its value, as determined under Section 12-37-930, at current fair market value as determined by the county assessor.
(E) The closing attorney involved in a real estate transfer shall provide the following notice to the buyer or buyers:
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."
B. Section 12-27-223A of the 1976 Code is repealed.
C. Notwithstanding the general effective date of this act, this section takes effect upon approval of this act by the Governor and applies for values resulting from countywide assessment and equalization programs or otherwise implemented after 2004.
SECTION 6. Chapter 20 of Title 59 of the 1976 Code is amended by adding:
"Section 59-20-42. (A) Notwithstanding any other provision of law, beginning with fiscal year 2005-2006, Education Finance Act appropriations and employer contributions must be distributed to a school district in an amount that is the district's proportionate share of such funds based on the district's weighted pupil units as a percentage of statewide weighted pupil units as determined annually pursuant to the Education Finance Act.
(B) It is the intent of the General Assembly that funding for weighted pupil unit growth for Education Finance Act purposes must be at least equal to the growth in the Consumer Price Index each year.
(C) Beginning July 1, 2005, a base student cost no longer shall be established annually by the General Assembly nor shall the Division of Research and Statistics calculate an annual inflation factor as required by Section 59-20-40(1)(b)."
SECTION 7. Notwithstanding the provisions of Section 6-1-320 of the 1976 Code, for a period of three years beginning July 1, 2005, and ending June 30, 2008, a local governing body pursuant to Article 3, Chapter 1 of Title 6, and if otherwise permitted to do so by law may increase the millage rate imposed for general operating purposes above the rate imposed for such purposes for the preceding tax year, not including a percentage increase that does not exceed the total of any increase in the consumer price index and any increase in the taxing jurisdiction's population in the last completed calendar year as determined by the Board of Economic Advisors, only by a two-thirds vote of the membership of the governing body, present or not, rather than by a positive majority vote as defined therein. If there is a vacancy in the membership of the governing body, a two-thirds vote of the membership of the governing body as constituted on the date of the vote is required.
SECTION 8. (A) Article 3, Chapter 10 of Title 4 and Chapter 37 of Title 4 of the 1976 Code are repealed; provided, however, that the special sales taxes authorized before the effective date of this section to support capital projects under Article 3, Chapter 10 of Title 4 and the special sales taxes or tolls authorized before the effective date of this section to support transportation infrastructure projects under Chapter 37 of Title 4 shall continue until their termination date to provide financing or debt service funding for the projects authorized.
(B) In those counties in which is imposed on the effective date of this act the local sales and use tax allowed pursuant to Article 1, Chapter 10, Title 4 of the 1976 Code, there must be conducted a referendum held on the Tuesday following the first Monday in November following such effective date on rescinding the tax in the county as provided in Section 4-10-35 of the 1976 Code, without regard to the petition requirements provided therein. If a majority of the qualified electors voting in the referendum favor rescinding the tax, the tax is rescinded on a date determined by the governing body of the county not more than twenty-four months following the date the result of the referendum is certified to county council. The governing body of the county shall notify the Department of Revenue of the date the tax is rescinded.
SECTION 9. This act takes effect July 1, 2005, and for purposes of the tax exemption allowed applies for property tax years beginning after 2004. /
Renumber sections to conform.
Amend title to conform.
Rep. MCLEOD explained the amendment.
Rep. SIMRILL raised the Point of Order that Amendment No. 3 was out of order in that it was not germane to the Bill.
SPEAKER PRO TEMPORE W. D. SMITH stated that while the Bill dealt with personal property tax exemptions on boats and motor homes, the amendment dealt with residential property tax exemptions and a sales tax increase and was not germane to the Bill. He therefore sustained the Point of Order and ruled the amendment out of order.
Rep. MCLEOD continued speaking.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. SIMRILL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anthony Bales Barfield Battle Bingham Bowers Brady G. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coates Cooper Cotty Dantzler Delleney Duncan Edge Funderburk Hagood Hamilton Hardwick Harrell Hayes Herbkersman Hinson Hiott Hosey Jennings Leach Limehouse Loftis Mahaffey Martin McCraw McGee McLeod Merrill Miller Neilson Owens Perry Phillips Rhoad Rice Sandifer Scarborough Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Talley Taylor Townsend Umphlett Vaughn Vick White Whitmire Wilkins
Those who voted in the negative are:
Agnew Anderson Ballentine Breeland J. Brown R. Brown Cobb-Hunter Emory Frye Govan Haley J. Hines M. Hines Huggins Kennedy Kirsh Littlejohn Lucas Mack Moody-Lawrence J. H. Neal J. M. Neal Norman Parks Pinson E. H. Pitts Rivers Scott J. E. Smith Thompson Toole Walker Weeks Whipper
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3301 (Word version) -- Reps. Vaughn, Cotty, Leach, Clyburn, Whipper, Pinson, Phillips, E. H. Pitts, Davenport, Chellis, Tripp, Townsend, Harrison, Viers, Haskins, Frye, Hamilton, Hardwick, Herbkersman, Loftis, M. A. Pitts, Sandifer, Sinclair, D. C. Smith, J. R. Smith, Stewart, Toole, Witherspoon, Mahaffey, Talley, Neilson and Bales: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FIFTY THOUSAND DOLLAR HOMESTEAD EXEMPTION FOR THE PERSON OVER SIXTY-FIVE YEARS OF AGE AND DISABLED PERSONS, SO AS TO INDEX THE EXEMPTION AMOUNT TO INFLATION IN THE SAME MANNER AND BY THE SAME PERCENTAGE THAT FEDERAL INCOME TAX BRACKETS ARE ADJUSTED TO REFLECT INCREASES IN THE CONSUMER PRICE INDEX.
Rep. COTTY explained the Bill.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill.
Reps. WHIPPER, M. A. PITTS, SIMRILL and JENNINGS withdrew their requests for debate on the following Bill, whereupon requests for debate were raised by Reps. COOPER, PERRY, CLEMMONS, BARFIELD, WHITE, THOMPSON and J. R. SMITH:
H. 3235 (Word version) -- Reps. Witherspoon, R. Brown, Clark, Bowers and Mahaffey: A BILL TO AMEND SECTION 49-23-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DROUGHT RESPONSE AND CURTAILMENT OF NONESSENTIAL WATER USE DURING SEVERE OR EXTREME DROUGHT, SO AS TO PROVIDE THAT CERTAIN AGRICULTURAL PURPOSES ARE ALSO CONSIDERED AN ESSENTIAL WATER USE AND ARE EXEMPT FROM THIS MANDATORY CURTAILMENT OF NONESSENTIAL WATER USES.
Rep. OTT asked unanimous consent to recall H. 3714 (Word version) from the Committee on Ways and Means.
Rep. COTTY objected.
On motion of Rep. TOWNSEND, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Education and Public Works:
H. 3897 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF MOTOR VEHICLES, RELATING TO MOTORIST INSURANCE IDENTIFICATION DATABASE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2957, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. J. BROWN, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs:
S. 719 (Word version) -- Senator Fair: A JOINT RESOLUTION TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS MAY UTILIZE INMATE LABOR UNTIL JULY 1, 2007, DURING THE CONSTRUCTION OR RENOVATION, OR BOTH, OF A FOOD SERVICE FACILITY AT THE STEVENSON CORRECTIONAL INSTITUTION AND THE RELOCATION OF A HOUSING UNIT FROM THE FORMER GREENWOOD WORK RELEASE FACILITY TO THE STEVENSON CORRECTIONAL INSTITUTION.
On motion of Rep. THOMPSON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary and was referred to the Committee on Ways and Means:
H. 3977 (Word version) -- Reps. Thompson, Simrill, Sandifer, Cobb-Hunter, Wilkins, Leach, Hosey, Altman, Emory, Hamilton, Harrison, Lucas, Martin, McGee, Merrill, J. M. Neal, Ott, Perry, M. A. Pitts, Scarborough, G. R. Smith, Taylor, Townsend, White and Whitmire: A BILL TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY BY ADDING CHAPTER 23, SO AS TO ESTABLISH THE LAW ENFORCEMENT TRAINING COUNCIL, TO ESTABLISH A PROGRAM OF TRAINING FOR LAW ENFORCEMENT OFFICERS AND OTHER PERSONS EMPLOYED IN THE CRIMINAL JUSTICE SYSTEM, AND TO PROVIDE THAT THE COUNCIL SHALL OVERSEE THE ACTIVITIES OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY; TO AMEND SECTION 6-11-340, RELATING TO PROTECTION OF SPECIAL PURPOSE DISTRICTS, SO AS TO SUBSTITUTE "CRIMINAL JUSTICE ACADEMY" FOR "CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY"; TO AMEND SECTION 23-28-30, AS AMENDED, RELATING TO TRAINING COURSES FOR RESERVE OFFICERS, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL" FOR "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY"; TO AMEND SECTION 23-28-40, AS AMENDED, RELATING TO TRAINING PROVIDED FOR RESERVE OFFICERS, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL" FOR "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY" AND "TRAINING COUNCIL" FOR "TRAINING ADVISORY COUNCIL"; TO AMEND SECTION 23-47-20, AS AMENDED, RELATING TO 911 SYSTEM REQUIREMENTS, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL (CRIMINAL JUSTICE ACADEMY)" FOR "CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY" AND "LAW ENFORCEMENT TRAINING COUNCIL" FOR "DEPARTMENT OF PUBLIC SAFETY"; AND TO AMEND SECTION 40-18-30, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL" FOR "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY" AND TO REPEAL ARTICLE 9, CHAPTER 6, TITLE 23, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY'S DIVISION OF TRAINING AND CONTINUING EDUCATION.
On motion of Rep. MILLER, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
H. 3694 (Word version) -- Reps. Miller, Cotty, Anderson, Vaughn, Clark, Neilson, Altman, Battle, G. Brown, Davenport, Edge, Frye, Hagood, Hamilton, Rivers, Sinclair, D. C. Smith and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170 ENACTING THE "GAMBLING CRUISE PROHIBITION ACT" SO AS TO PROHIBIT GAMBLING OR THE REPAIR OF GAMBLING DEVICES ON A VESSEL IN A VOYAGE THAT BEGINS AND ENDS WITHIN THIS STATE, TO PROHIBIT THE OPERATION OF A VESSEL THAT TRANSPORTS PERSONS TO ANOTHER VESSEL FOR THE PURPOSE OF GAMBLING IF BOTH THE TRANSPORTING VESSEL AND THE VESSEL ON WHICH A GAMBLING DEVICE IS USED OR REPAIRED BEGINS AND ENDS ITS VOYAGE IN THIS STATE, AND TO PROVIDE DEFINITIONS AND PENALTIES FOR VIOLATION.
On motion of Rep. SCOTT, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:
H. 3819 (Word version) -- Rep. Scott: A BILL TO AMEND SECTION 1-11-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS ELIGIBLE TO PARTICIPATE IN STATE INSURANCE PLANS, SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER EMPLOYED BY AN ENTITY WHOSE EMPLOYEES ARE ELIGIBLE FOR STATE INSURANCE PLANS WHO IS PERMANENTLY DISABLED IN THE LINE OF DUTY AND WHOSE EMPLOYMENT IS TERMINATED AS A RESULT OF THE DISABILITY IS ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS AND STATE-PAID PREMIUMS.
The following Concurrent Resolution was taken up:
S. 653 (Word version) -- Senators Knotts, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, J. V. Smith, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF GERVAIS STREET FROM ITS INTERSECTION WITH HARDEN STREET TO ITS INTERSECTION WITH MILLWOOD AVENUE IN THE CITY OF COLUMBIA "LIEUTENANT PHILLIP G. SCHLATTERER MEMORIAL STREET" AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF GERVAIS STREET THAT CONTAIN THE WORDS "LIEUTENANT PHILLIP G. SCHLATTERER MEMORIAL STREET".
Whereas, Lieutenant Phillip G. Schlatterer was born in Brooklyn, New York in 1920; and
Whereas, he married the late Margaret F. Broome in 1944 and together they were the parents of two lovely daughters: Lucile S. McClure of Ridge Springs and Bobbi Schlatterer of Jacksonville, Florida; and
Whereas, Lieutenant Schlatterer served his country with honor for four years during World War II as a medic on the USS Hope; and
Whereas, he began his law enforcement career with the City of Columbia Police Department in 1952 where he attained the rank of lieutenant and served the City of Columbia for twenty-two years before his untimely death at age fifty-four in the line of duty in 1974; and
Whereas, Lieutenant Schlatterer was dedicated to both his family and his profession; and
Whereas, it is fitting and proper for the portion of Gervais Street in the City of Columbia where he lost his life be named in his honor. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly of the State of South Carolina, request that the Department of Transportation name the portion of Gervais Street from its intersection with Harden Street to its intersection with Millwood Avenue in the City of Columbia "Lieutenant Phillip G. Schlatterer Memorial Street" and erect appropriate markers or signs along that portion of Gervais Street that contain the words "Lieutenant Phillip G. Schlatterer Memorial Street".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
Rep. HARRISON moved that the House recur to the Morning Hour, which was agreed to.
On motion of Rep. NEILSON, with unanimous consent, the following was taken up for immediate consideration:
H. 3994 (Word version) -- Reps. Neilson, J. Hines and Lucas: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE THE LONG AND DISTINGUISHED CAREER OF THE HONORABLE A. LEE CHANDLER AND TO DECLARE MAY 26, 2005, "JUSTICE A. LEE CHANDLER DAY" IN SOUTH CAROLINA.
Whereas, the Honorable A. Lee Chandler has had a career of distinguished public service to the Darlington County community, the State of South Carolina, the United States as a military officer in World War II, the legal profession, the South Carolina Judiciary, and his church; and
Whereas, he was a member of the startup Commission for Florence-Darlington Technical College where he served for ten years as Chairman; and
Whereas, Justice Chandler was the first Chairman of the Darlington County Development Board, where for two years he devoted every available moment to securing for Darlington County four premium industries; and
Whereas, throughout his forty-five years in Darlington, he has been a very active member of St. Matthews Episcopal Church where he has taught in the church school to both teenagers and adults, served on several vestries and as Senior Warden, and is a licensed lay reader and ecumenical minister. For many years, Justice Chandler and his wife were sponsors of the Episcopal Young Churchmen; and
Whereas, in 1972, Justice Chandler was elected by the voters to the House of Representatives of the South Carolina General Assembly and reelected without opposition in 1974. He was recognized by House leaders and peers for his dedicated service in the Legislature; and
Whereas, in 1976, Lee Chandler was elected Resident Judge of the Fourth Judicial Circuit. Lawyers throughout the State regarded him highly for his fairness, the soundness of his rulings, and his judicial temperament; and
Whereas, after eight years on Circuit, he was elected an Associate Justice of the South Carolina Supreme Court. His written opinions were recognized for their clarity and understanding by lawyers and laymen alike; and
Whereas, during Justice Chandler's Supreme Court service, he expressed strong support for the State Bar's request for Court approval of its IOLTA (Interest on Lawyer Trust Accounts) proposal; and
Whereas, on December 16, 1994, upon reaching the mandatory age of seventy-two, Justice Chandler retired as Chief Justice of the South Carolina Supreme Court; and
Whereas, for his achievements over the years, he has numerous honors and awards including: Professional of the Year by the Darlington Chamber of Commerce, 1976; Most Outstanding Member of the South Carolina Trial Lawyers Association, 1974; Portrait honoree of Trial Lawyers Association, 1983; Honorary L.L.D. by The Citadel, 1994; DuRant Distinguished Public Service Award, 1998; named Darlington County Development Board Building in his honor, 2001; and received The Order of the Palmetto, 2002; and
Whereas, Justice Chandler's military career began when his entire Citadel class entered the Army. After receiving his commission as a 2nd Lieutenant at Fort Benning, Georgia, he was assigned to Company D of the 271st Infantry, 69th Division. He was awarded the Purple Heart for the wounds he received on February 27, 1945, during combat in Germany. He also received the Bronze Star Medal; and
Whereas, it is fitting and deserved that Justice A. Lee Chandler be recognized for his illustrious career by this resolution. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly honor and recognize the long and distinguished career of the Honorable A. Lee Chandler and declare May 26, 2005, "Justice A. Lee Chandler Day" in South Carolina.
Be it further resolved that a copy of this resolution be forwarded to Justice Chandler.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3995 (Word version) -- Reps. J. E. Smith, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE THE JUNIOR LEAGUE OF COLUMBIA ON CELEBRATING ITS EIGHTIETH ANNIVERSARY ON SEPTEMBER 23, 2004, AND TO RECOGNIZE THE JUNIOR LEAGUE OF COLUMBIA FOR ITS CONTRIBUTIONS TO THE COMMUNITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill:
H. 3301 (Word version) -- Reps. Vaughn, Cotty, Leach, Clyburn, Whipper, Pinson, Phillips, E. H. Pitts, Davenport, Chellis, Tripp, Townsend, Harrison, Viers, Haskins, Frye, Hamilton, Hardwick, Herbkersman, Loftis, M. A. Pitts, Sandifer, Sinclair, D. C. Smith, J. R. Smith, Stewart, Toole, Witherspoon, Mahaffey, Talley, Neilson and Bales: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FIFTY THOUSAND DOLLAR HOMESTEAD EXEMPTION FOR THE PERSON OVER SIXTY-FIVE YEARS OF AGE AND DISABLED PERSONS, SO AS TO INDEX THE EXEMPTION AMOUNT TO INFLATION IN THE SAME MANNER AND BY THE SAME PERCENTAGE THAT FEDERAL INCOME TAX BRACKETS ARE ADJUSTED TO REFLECT INCREASES IN THE CONSUMER PRICE INDEX.
Rep. VAUGHN explained the Bill.
The Bill was read second time and ordered to third reading.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3305 (Word version) -- Reps. J. E. Smith, Bales, Scott, Rutherford, Cotty, Ballentine, Bingham, Brady, J. Brown, Haley, Harrison, Hayes, J. Hines, Howard, Jennings, J. H. Neal, Neilson, Toole, Viers, Harrell, Ceips, Duncan, Walker, Mahaffey, Chellis and Whipper: A BILL TO AMEND SECTION 12-45-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTALLMENT PAYMENTS OF REAL PROPERTY TAXES, SO AS TO AUTHORIZE MONTHLY INSTALLMENTS.
Rep. COTTY explained the Bill.
H. 3725 (Word version) -- Reps. Hinson, Merrill, Altman, Clyburn, Dantzler, Huggins, Scarborough and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-9-150 SO AS TO EXEMPT FROM ACROSS-THE-BOARD REDUCTIONS ORDERED BY THE STATE BUDGET AND CONTROL BOARD AMOUNTS APPROPRIATED IN THE ANNUAL GENERAL APPROPRIATIONS ACT AS SALARY SUPPLEMENTS FOR COUNTY CLERKS OF COURT, PROBATE JUDGES, SHERIFFS, REGISTERS OF DEEDS, COUNTY AUDITORS, COUNTY TREASURERS, AND COUNTY CORONERS; AND TO AMEND SECTION 8-15-65, AS AMENDED, SO AS TO PROVIDE FOR THE COUNTY CORONER AS A COUNTY OFFICIAL RECEIVING A SALARY SUPPLEMENT FROM THE STATE.
Rep. NEILSON explained the Bill.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. C. David Umphlett, Jr.
The following Bill was taken up:
H. 3724 (Word version) -- Reps. Funderburk, G. M. Smith, Lucas, Ott, Bales, Cobb-Hunter, Frye, Hardwick, Harvin, McLeod, J. H. Neal, Weeks, Herbkersman, Neilson and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 31-7-25 AND 31-7-130 SO AS TO PROVIDE ADDITIONAL FINDINGS OF THE GENERAL ASSEMBLY WITH RESPECT TO PROPERTY AVAILABLE FOR REDEVELOPMENT FOR PURPOSES OF THE TAX INCREMENT FINANCING ACT FOR COUNTIES AND TO PROVIDE THAT THE PROVISIONS OF THIS ACT DO NOT RELIEVE A GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE FROM THE LIMITATIONS IMPOSED ON THOSE SERVICES BY LAW; TO AMEND SECTION 31-7-20, RELATING TO EXISTING FINDINGS FOR PURPOSES OF THE ACT, SO AS TO EXTEND EXISTING FINDINGS WITH RESPECT TO THE ACT; TO AMEND SECTION 31-7-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE ACT, SO AS TO REVISE APPLICABLE DEFINITIONS TO EXTEND THE APPLICATION OF THE ACT TO MORE RURAL AREAS AND ADD ADDITIONAL ELEMENTS TO DEVELOPMENT PROJECTS NECESSARY TO ASSIST SUCH RURAL AREAS; TO AMEND SECTION 31-7-80, RELATING TO THE FINDINGS REQUIRED FOR A REDEVELOPMENT PROJECT ORDINANCE, SO AS TO REVISE THESE FINDINGS; AND TO AMEND SECTION 31-7-120, RELATING TO JOINTLY ADOPTED MUNICIPAL AND COUNTY REDEVELOPMENT PLANS, SO AS TO AUTHORIZE COUNTIES JOINTLY BY INTERGOVERNMENTAL AGREEMENTS TO ESTABLISH A MULTI-COUNTY OR REGIONAL AUTHORITY TO ESTABLISH REDEVELOPMENT PLANS AND PROPERTY WHEN SUCH PROJECTS HAVE ECONOMIC IMPACT BEYOND A SINGLE COUNTY AND PROVIDE FOR ALL SUCH AUTHORITIES TO ACT BY INTERGOVERNMENTAL AGREEMENT AND ORDINANCES OF COUNTIES PARTY TO THE AGREEMENT.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22100HTC05):
Amend the bill, as and if amended, by striking items (1)(a) and (2) of Section 31-7-30, as contained in Section 3, beginning on page 3, and inserting:
"(a) if improved, industrial, commercial, and residential buildings or improvements, because of a combination of five or more of the following factors: age; dilapidation; obsolescence; deterioration; illegal use of individual structures; presence of structures below minimum code standards; excessive vacancies; overcrowding of structures and community facilities; presence of or potential environmental hazard; lack of ventilation, light, storm drainage or sanitary facilities; inadequate utilities; inadequate transportation infrastructure: excessive land coverage; deleterious land use or layout; depreciation of physical maintenance; lack of community planning, are detrimental to the public safety, health, morals, or welfare; or
"(2) 'Conservation area' means any vacant or improved area within the boundaries of a redevelopment project area located within the territorial limits of a county that is not yet a blighted area but, because of a combination of three or more of the following factors: dilapidation; obsolescence; deterioration; illegal use of structures; presence of structures below minimum code standards; abandonment; excessive vacancies; overcrowding of structures and community facilities; presence of or potential environmental hazard; lack of ventilation, light, storm drainage or sanitary facilities; inadequate utilities; inadequate transportation infrastructure; excessive land coverage; depreciation of physical maintenance; or lack of community planning,; agricultural foreclosures; static or declining agricultural land rental rates; depopulation; area-wide economic decline; or static per capita income, is detrimental to the public safety, health, morals, or welfare and may become a blighted area." /
Amend further, as and if amended, by adding an appropriately numbered penultimate section to read:
/ SECTION _____. The General Assembly takes note that the Tax Increment Financing Act for Counties is enacted both in Chapter 7, Title 31 and Chapter 33 of Title 6 of the 1976 Code. It is the intent of the General Assembly that should legislation enacted in the 116th General Assembly repeal one of these chapters, the amendments made during the 116th General Assembly to the repealed chapter are deemed to have made been made to the remaining chapter. Accordingly, the Code Commissioner is directed to incorporate these amendments in the publication of the surviving chapter in the appropriate edition of the cumulative supplement. /
Renumber sections to conform.
Amend title to conform.
Rep. COTTY explained the amendment.
Rep. COTTY continued speaking.
Rep. COTTY continued speaking.
Reps. LOFTIS, PERRY, NORMAN, SIMRILL and MOODY-LAWRENCE requested debate on the Bill.
The following Bill was taken up:
H. 3296 (Word version) -- Reps. Harrell, Wilkins, Leach, Lucas, Bales, G. R. Smith, J. R. Smith, Vaughn, Battle, Cobb-Hunter, Neilson, Clark, Skelton, Kirsh, Moody-Lawrence, Rice, Harrison, Haley, Harvin, Young, Cotty, Mack, J. E. Smith, Taylor, Clemmons, Tripp, Chalk, Breeland, Limehouse, Altman, Bailey, Ballentine, Barfield, Bingham, Ceips, Chellis, Dantzler, Delleney, Duncan, Frye, Hagood, Hardwick, Herbkersman, Hinson, Huggins, Jennings, Littlejohn, Martin, McGee, Norman, Ott, Perry, E. H. Pitts, Scarborough, Sinclair, D. C. Smith, Stewart, Toole, Townsend, Umphlett, Walker, Witherspoon, Brady, Mahaffey and R. Brown: A BILL TO AMEND SECTION 12-28-1555, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE USE OF DYED MOTOR VEHICLE FUELS UNDER CERTAIN CIRCUMSTANCES, AND PENALTIES ASSOCIATED WITH VIOLATIONS OF THIS SECTION, SO AS TO PROVIDE THAT ALL FINES IMPOSED PURSUANT TO THIS SECTION MUST BE PLACED IN THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND; TO AMEND SECTION 12-28-2355, AS AMENDED, RELATING TO BOTH THE INSPECTION FEE AND THE ENVIRONMENTAL IMPACT FEE CHARGED ON PETROLEUM PRODUCTS, SO AS TO PROVIDE THAT AFTER JUNE 30, 2005, ALL FEES COLLECTED PURSUANT TO THE PROVISIONS CONTAINED IN THIS SECTION MUST BE PLACED IN THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND; TO AMEND SECTION 12-28-2720, AS AMENDED, RELATING TO THE DISTRIBUTION OF THE GASOLINE USER FEE, SO AS TO PROVIDE THAT THE FEE MUST BE PLACED IN THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND INSTEAD OF BEING TURNED OVER TO THE DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 12-28-2910, AS AMENDED, RELATING TO THE FUNDING AND FUNCTIONS OF THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO PROVIDE THAT ITS FUNDING PROVIDED FROM A PORTION OF THE GASOLINE USER FEE SHALL BE ELIMINATED OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO THE ISSUANCE OF A BEGINNERS PERMIT, SO AS TO PROVIDE THAT THE FEES COLLECTED FROM THE ISSUANCE OF A BEGINNERS PERMIT MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FEES COLLECTED PURSUANT TO THE ISSUANCE OF A DRIVER'S LICENSE MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-1-200, AS AMENDED, RELATING TO OBTAINING A DUPLICATE OF A LOST OR DESTROYED DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FEES COLLECTED PURSUANT TO THE ISSUANCE OF A DUPLICATE DRIVER'S LICENSE MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-1-390, AS AMENDED, RELATING TO THE FEE CHARGED FOR THE REINSTATEMENT OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THESE FEES MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-1-740, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE AND THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FEES COLLECTED FROM THE ISSUANCE OF SPECIAL RESTRICTED DRIVER'S LICENSES MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-1-2090, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER LICENSE, SO AS TO PROVIDE THAT THE FEES COLLECTED FROM THE ISSUANCE OF COMMERCIAL DRIVER LICENSES MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-1-3350, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS, SO AS TO PROVIDE THAT THE FEES COLLECTED FROM THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-3-910, AS AMENDED, RELATING TO THE DISPOSITION OF CERTAIN MOTOR VEHICLE REGISTRATION AND LICENSING FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND; TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO REVENUES RECEIVED BY THE DEPARTMENT OF TRANSPORTATION FOR ITS OPERATION, SO AS TO PROVIDE THAT THESE FUNDS MUST BE PLACED IN EITHER THE "STATE HIGHWAY FUND" OR THE "STATE NON-FEDERAL AID HIGHWAY FUND"; AND TO PROVIDE A DECLINING SCHEDULE OF PAYMENTS FOR THE DEPARTMENT OF TRANSPORTATION'S COST OF ADMINISTRATION.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6481CM05), which was tabled:
Amend the bill, as and if amended, Section 12-20-2355, as contained in SECTION 2 by deleting after the (C) on line 41, beginning on page 4 and ending on page 5 line 15:
/ Notwithstanding another provision of law, the fees collected pursuant to subsection (A) of this section must be credited to the Department of Transportation State Non-Federal Aid Highway fund as provided in the following schedule:
Fees
Collected After General Fund Department of
of the State Transportation
State Non-Federal Aid
Highway Fund
June 30, 2005 60 percent 40 percent
June 30, 2006 40 percent 60 percent
June 30, 2007 20 percent 80 percent
June 30, 2008 10 percent 90 percent
June 30, 2009 0 percent 100 percent
(D) /
Amend the bill further, by striking SECTION 3 on page 5 in its entirety.
Amend the bill further, Section 12-28-2910(C), as contained in SECTION 4, page 6, by striking / to / after / account / on line 11 and inserting / for /, by inserting /beginning in fiscal year 2005-2006/ after /years /on line 12, by inserting / thousand / after / hundred / on line 14, and by inserting / , and afterwards all payments shall cease / before the / . / on line 15.
When amended, Section 12-28-2910(C) shall read:
/ (C) Notwithstanding another provision of law, funds must continue to be placed in the account for economic development for the five succeeding fiscal years beginning in fiscal year 2005-2006, but the payments required pursuant to subsection (A) of this section decline by three million six hundred thousand dollars from the prior year's payment. This annually declining schedule of payments ends after June 30, 2009." /
Amend the bill further, by adding the following appropriately numbered SECTION:
SECTION __. Article 28, Chapter 28, Title 12 of the 1976 Code is amended by adding:
"Section 12-28-2915. Notwithstanding another provision of law, five million dollars of the taxes collected pursuant to Article 1, Chapter 23, Title 12 must be placed in the account for economic development contained in Section 12-28-2910 for fiscal year 2005-2006. This amount shall be: ten million dollars for fiscal year 2006-2007; fifteen million dollars for fiscal year 2007-2008; twenty million dollars for fiscal year 2008-2009; and all taxes collected pursuant to Article 1, Chapter 23, Title 12 for fiscal year 2009-2010, and for all subsequent fiscal years."
Renumber sections to conform.
Amend title to conform.
Rep. NEILSON moved to table the amendment, which was agreed to.
The Ways and Means Committee proposed the following Amendment No. 2 (Doc Name COUNCIL\SWB\6503CM05), which was adopted:
Amend the bill, as and if amended, Section 12-28-2355(D), as contained in SECTION 2, page 5 by deleting lines 15 through 18 which read:
/ (D) Notwithstanding another provision of law, after June 30, 2005, all fees collected pursuant subsection (B) of this section must be placed in the Department of Transportation State Non-Federal Aid Highway Fund. /
Amend the bill further, by striking SECTION 3 on page 5 in its entirety.
Amend the bill further, Section 12-28-2910(C), as contained in SECTION 4, page 6, by striking / to / after / account / on line 11 and inserting / for /, by inserting /beginning in fiscal year 2005-2006/ after /years /on line 12, by inserting / thousand / after / hundred / on line 14, and by inserting / , and afterwards all payments shall cease / before the / . / on line 15.
When amended, Section 12-28-2910(C) shall read:
/ (C) Notwithstanding another provision of law, funds must continue to be placed in the account for economic development for the five succeeding fiscal years beginning in fiscal year 2005-2006, but the payments required pursuant to subsection (A) of this section decline by three million six hundred thousand dollars from the prior year's payment. This annually declining schedule of payments ends after June 30, 2009." /
Amend the bill further, by adding the following appropriately numbered SECTION:
/ SECTION __. Article 28, Chapter 28, Title 12 of the 1976 Code is amended by adding:
"Section 12-28-2915. Notwithstanding another provision of law, five million dollars of the taxes collected pursuant to Article 1, Chapter 23, Title 12 must be placed in the account for economic development contained in Section 12-28-2910 for fiscal year 2005-2006. This amount shall be: ten million dollars for fiscal year 2006-2007; fifteen million dollars for fiscal year 2007-2008; twenty million dollars for fiscal year 2008-2009; and all taxes collected pursuant to Article 1, Chapter 23, Title 12 for fiscal year 2009-2010, and for all subsequent fiscal years. /
Renumber sections to conform.
Amend title to conform.
Rep. NEILSON explained the amendment.
Rep. HARRELL spoke in favor of the amendment.
The amendment was then adopted.
Reps. WALKER and W. D. SMITH proposed the following Amendment No. 4 (Doc Name COUNCIL\SWB\6497CM05), which was tabled:
Amend the bill, as and if amended, by striking SECTIONS 8 and 9 in their entirety and inserting:
/ SECTION 8. Section 56-1-390 of the 1976 Code, as last amended by Act 79 of 2001, is further amended by adding at the end:
"(3) Seventy dollars of the fees collected pursuant to this section must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the Department of Motor Vehicles. The remainder of the fees collected pursuant to this section must be credited to the Department of Transportation State Non-Federal Aid Highway Fund as provided in the following schedule based on the actual date of receipt by the Department of Motor Vehicles:
Fees and Penalties General Fund Department of
Collected After of the State Transportation
State Non-Federal Aid Highway Fund
June 30, 2005 60 percent 40 percent
June 30, 2006 40 percent 60 percent
June 30, 2007 20 percent 80 percent
June 30, 2008 10 percent 90 percent
June 30, 2009 0 percent 100 percent"
SECTION 9. Section 56-1-740(B) of the 1976 Code, as last amended by Act 79 of 2001, is further amended by adding at the end:
"(5) Eighty dollars of the fees collected pursuant to this section must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the Department of Motor Vehicles. The remainder of the fees collected pursuant to this section must be credited to the Department of Transportation State Non-Federal Aid Highway Fund as provided in the following schedule based on the actual date of receipt by the Department of Motor Vehicles:
Fees and Penalties General Fund Department of
Collected After of the State Transportation
State Non-Federal Aid
Highway Fund
June 30, 2005 60 percent 40 percent
June 30, 2006 40 percent 60 percent
June 30, 2007 20 percent 80 percent
June 30, 2008 10 percent 90 percent
June 30, 2009 0 percent 100 percent" /
Renumber sections to conform.
Amend title to conform.
Rep. WALKER explained the amendment.
Rep. WALKER moved to table the amendment, which was agreed to.
Reps. TOWNSEND, HARRELL, WALKER and RICE proposed the following Amendment No. 5 (Doc Name COUNCIL\DKA\ 3392HTC05), which was adopted:
Amend the bill, as and if amended, by adding a penultimate section to read:
/ SECTION __. Article 3, Chapter 3, Title 56 of the 1976 Code is amended by adding:
"Section 56-3-205. The Board of Economic Advisors annually shall estimate and provide to the General Assembly the amount of fees and fines that would have been retained by the Department of Motor Vehicles pursuant to the provisions of Sections 56-1-200, 56-1-390, and 56-1-740 pursuant to the provisions of those sections as they applied for fiscal year 2004-2005. The General Assembly shall appropriate in the Annual General Appropriations Act additional funds to the Department of Motor Vehicles sufficient to equal the difference in the estimate of the Board of Economic Advisors and the amount actually scheduled to be retained by the department pursuant to those sections. To the extent the amount annually appropriated is less than the amount required to be appropriated pursuant to this section, then funds otherwise scheduled to be transferred to the Department of Transportation State Non-Federal Aid Highway Fund pursuant to Sections 56-1-200, 56-1-390, and 56-1-740 are reduced by amounts sufficient to make up the difference and this difference may be retained by the Department of Motor Vehicles for its operations." /
Renumber sections to conform.
Amend title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3523 (Word version) -- Reps. Wilkins and Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-1-285 SO AS TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS IN CONJUNCTION WITH THE MATERIALS MANAGEMENT OFFICE OF THE BUDGET AND CONTROL BOARD SHALL DEVELOP, MAINTAIN, AND IMPLEMENT A MARKETING PLAN TO ATTRACT PRIVATE SECTOR BUSINESSES FOR THE EMPLOYMENT OF INMATES THROUGH THE PRISON INDUSTRIES PROGRAM; AND BY ADDING SECTION 24-1-290 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS MAY ENTER INTO CONTRACTS WITH PRIVATE SECTOR ENTITIES THAT ALLOW INMATE LABOR TO BE PROVIDED FOR PRISON INDUSTRY SERVICE WORK.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7418AHB05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 1, Title 24 of the 1976 Code is amended by adding:
"Section 24-1-285. The Department of Corrections, in conjunction with the Department of Commerce, shall develop and maintain a marketing plan to attract private sector businesses for the employment of inmates through the prison industries program. The marketing plan must include, but not be limited to, provisions of public advertising to establish a prison-based industry and a certification by the Department of Commerce that each new contract does not create an unfair competitive wage disadvantage to the local economy. The negotiation of new contracts and the renewal of existing contracts with private sector entities must be consummated in accordance with procedures established jointly by the Department of Commerce and the Department of Corrections. The procedures must be drafted to ensure fairness and consistency in establishing contracts with private sector entities seeking to establish or continue prison-based operations whenever the wage to be paid is less than the federally established minimum wage. The marketing plan and the procedures for negotiating new contracts and contract renewals must be submitted to and approved by the Budget and Control Board prior to implementation. The Department of Corrections shall annually submit an audit report of the program to the Senate Corrections and Penology Committee and the House Medical, Military, Public and Municipal Affairs Committee. The provisions of the section may not be construed to apply to traditional prison industries as authorized in Section 24-3-320."
SECTION 2. Chapter 1, Title 24 of the 1976 Code is amended by adding:
"Section 24-1-290. The Director of the Department of Corrections shall deduct the following from the gross earnings of the inmates engaged in prison industry service work in addition to any other required deductions:
(1) if restitution to a particular victim or victims has been ordered by a court of appropriate jurisdiction, then twenty percent must be used to fulfill the restitution obligation;
(2) if restitution to a particular victim or victims has not been ordered by a court of appropriate jurisdiction, or if court-ordered restitution to a particular victim or victims has been satisfied, then twenty percent must be applied to the South Carolina Victim's Compensation Fund;
(3) ten percent must be retained by the Department of Corrections to defray the cost of the inmate's room and board."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. NEILSON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3227 (Word version) -- Reps. Littlejohn, Mahaffey, Clark, Townsend, Miller, Anthony, Pinson, Umphlett, J. Brown and Bailey: A BILL TO AMEND CHAPTER 10 OF TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO PROVIDE, SUBJECT TO A COUNTYWIDE REFERENDUM, FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX WITHIN A COUNTY FOR NOT MORE THAN SEVEN YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE SCHOOL DISTRICTS WITHIN SUCH COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED ONLY AFTER ITS APPROVAL IN A REFERENDUM HELD IN THE COUNTY, TO PROVIDE FOR THE REFERENDUM, AND TO PROVIDE THAT, IF IMPOSED, THE TAX MUST BE COLLECTED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND REMITTED TO THE SOUTH CAROLINA TREASURER FOR SCHOOL DISTRICTS OF THE COUNTY IN WHICH THE TAX IS IMPOSED, TO PROVIDE THAT THE TAX IS IMPOSED AND IS SUBJECT TO THE SAME EXEMPTIONS AND MAXIMUM TAXES AS PROVIDED IN THE SOUTH CAROLINA SALES TAX ACT EXCEPT FOR AN ADDITIONAL EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, AND TO PROVIDE FOR THE METHOD OF APPLYING THE REVENUES OF THE TAX TO SCHOOL DISTRICT GENERAL OBLIGATION DEBT SERVICE.
Reps. KIRSH, HAYES, COBB-HUNTER, ANDERSON, OWENS, J. H. NEAL, MCLEOD, SKELTON and HOSEY requested debate on the Bill.
The following Bill was taken up:
H. 3350 (Word version) -- Reps. Vaughn, Cato, Scott, Haskins, Leach, Cobb-Hunter, Whipper, Rutherford, Taylor, Battle, Branham, J. Brown, Ceips, Chalk, Cooper, Hagood, Howard, Jennings, Lee, Limehouse, Littlejohn, Mack, Martin, McCraw, McGee, Miller, Moody-Lawrence, J. H. Neal, Rice, J. E. Smith, W. D. Smith and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 10, TITLE 4 SO AS TO PROVIDE FOR THE IMPOSITION OF A ONE PERCENT SALES AND USE TAX BY REFERENDUM IN A MUNICIPALITY FOR A SPECIFIC PERIOD OF TIME AND FOR SPECIFIC PROJECTS, AND TO PROVIDE THE METHOD FOR IMPOSITION, PAYMENT, AND COLLECTION OF THIS TAX.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22008HTC05):
Amend the bill, as and if amended, by striking Section 4-10-740(A)(1)(f) and (g), as contained in Section 1, page 2 and inserting:
/ (f) acquisition of land for active and passive recreational needs, preservation of historic sites, protection of natural resources, and public facilities;
(g) beach access and beach renourishment;
(h) jointly operated projects of the municipality, county, special purpose district, and school district, or any combination of those entities, for the projects delineated in subitems (a) through (g) of this subsection;
(i) any combination of the projects described in subitems (a) through (h) of this item; /
Renumber sections to conform.
Amend title to conform.
Rep. LITTLEJOHN explained the amendment.
Reps. SKELTON, KIRSH, MOODY-LAWRENCE, MCLEOD, PERRY, OWENS, COATES and ANDERSON requested debate on the Bill.
The following Bill was taken up:
H. 3906 (Word version) -- Reps. Harrell, Bales and Neilson: A BILL TO AMEND SECTION 59-104-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO PROVIDE ALTERNATE QUALIFICATIONS FOR THE SCHOLARSHIP.
Rep. LITTLEJOHN explained the Bill.
Rep. HAYES moved to adjourn debate upon the Bill until Wednesday, April 27, which was adopted.
Rep. TOWNSEND moved that the House recur to the Morning Hour, which was agreed to.
The following Bill was taken up:
H. 3673 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 101 OF TITLE 59, RELATING TO INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THESE INSTITUTIONS OF HIGHER LEARNING MAY SPEND FEDERAL AND OTHER NONSTATE APPROPRIATED SOURCES OF REVENUE TO PROVIDE LUMP-SUM BONUSES, TO PROVIDE THAT THESE INSTITUTIONS MAY OFFER EDUCATIONAL FEE WAIVERS TO NO MORE THAN FOUR PERCENT OF THE TOTAL STUDENT BODY, TO PROVIDE THAT THESE INSTITUTIONS MAY ESTABLISH RESEARCH GRANT POSITIONS FUNDED BY CERTAIN GRANTS, TO PROVIDE THE CONDITIONS FOR THE ESTABLISHMENT OF THESE POSITIONS, TO PROVIDE THAT THESE INSTITUTIONS MAY OFFER AND FUND, FROM ANY SOURCE OF REVENUE, HEALTH INSURANCE TO FULL-TIME GRADUATE ASSISTANTS, TO PROVIDE THAT THE BOARD OF TRUSTEES OF THESE INSTITUTIONS IS VESTED WITH CERTAIN POWERS OF EMINENT DOMAIN, AND TO PROVIDE THAT THESE INSTITUTIONS MAY NEGOTIATE FOR ITS ANNUAL AUDIT AND QUALITY REVIEW PROCESS WITH REPUTABLE CERTIFIED PUBLIC ACCOUNTANT FIRMS SELECTED FROM A LIST PREAPPROVED BY THE STATE AUDITOR'S OFFICE; BY ADDING SECTION 59-101-430 SO AS TO AUTHORIZE THE GOVERNING BODY OF A STATE-SUPPORTED INSTITUTION OF HIGHER LEARNING TO ENTER INTO GROUND LEASE OR LEASE-PURCHASE AGREEMENTS WITH A PRIVATE ENTITY FOR THE CREATION AND OPERATION OF AN ON-CAMPUS FACILITY, THE PURPOSE OF WHICH MUST BE DETERMINED BY THE GOVERNING BODY, AND TO PROVIDE FOR THE APPROVALS NECESSARY TO ENTER INTO THE AGREEMENT AND FOR SPECIFIC TERMS AND CONDITIONS WHICH MUST BE A PART OF THE AGREEMENT; BY ADDING SECTION 59-101-440 SO AS TO PROVIDE THAT INSTITUTIONS OF HIGHER LEARNING MAY EMPLOY INSIDE OR OUTSIDE COUNSEL TO ADVISE IT OR REPRESENT IT IN ANY MATTER EXCEPT A LITIGATION MATTER WITHOUT THE APPROVAL OF THE ATTORNEY GENERAL; BY ADDING SECTION 59-150-356 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION IN DEVELOPING THE APPLICATION AND REVIEW PROCESS FOR TECHNOLOGY GRANTS FROM THE EDUCATION LOTTERY ACCOUNT FOR FOUR-YEAR PUBLIC INSTITUTIONS SHALL DEVELOP A FORMULA FOR THE ALLOCATION OF THESE GRANTS WHICH IS NOT COMPETITIVELY BASED IN ORDER TO PERMIT MULTI-YEAR INVESTMENT APPROACHES; AND TO REPEAL ARTICLE 3, CHAPTER 101, TITLE 59 OF THE 1976 CODE RELATING TO HIGHER EDUCATION REGULATORY, PROCEDURAL, AND FINANCIAL MATTERS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10822SJ05), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Chapter 101, Title 59 of the 1976 Code is amended by adding:
Section 59-101-610. A public institution of higher learning may spend federal and other nonstate appropriated sources of revenue to provide lump-sum bonuses at levels outlined in a plan approved by the governing body of the respective public institution of higher learning and according to guidelines established in the plan. The public institution of higher learning must maintain documentation to show that the use of federal funds for this purpose is in compliance with federal law. This payment is not a part of the employee's base salary and is not earnable compensation for purposes of employee and employer contributions to the respective retirement systems.
Section 59-101-620. A public institution of higher learning may offer educational fee waivers to no more than four percent of the undergraduate student body.
Section 59-101-630. Notwithstanding any other provision of law, and in recognition and support of the opportunities for economic development presented through the expansion of research activities, a public institution of higher learning may establish research grant positions funded by federal grants, public charity grants, private foundation grants, research grants, medical school practice plans, individual private gifts, externally generated revenue for service or testing activities, and grant generated revenue or a combination of these, without regard to the authorized number of full-time equivalency (FTE) positions allocated to the public institution of higher learning, provided that:
(1) state appropriated funds must not be used to fund any portion of research grant positions. FTE positions funded solely or partially by state or other funding sources shall remain subject to the number of FTE positions authorized for each public institution of higher learning;
(2) research grant positions shall not occupy FTE positions;
(3) research grant positions may be established using other funds during the proposal development or pre-award stages of grant funding in anticipation of specific grant or project funding;
(4) research grant positions may be established for multiple years; however, research grant positions are limited to and may not exist beyond the duration of the funding for the project or grant or any subsequent renewal. At the discretion of the public institution of higher learning other funds may be used to fund continued employment between the expiration of one grant and the subsequent renewal of the same or similar grant or the award of an additional grant. When funding for the project or grant ends or is insufficient to continue payments under the conditions of the project or grant, research grant employees must be terminated and these positions must cease to exist. Research grant employees are exempt from the provisions of Sections 8-17-310 through 8-17-380;
(5) persons occupying research grant positions may be eligible for all benefits, not to exceed those benefits available to covered state employees, provided that funds are available within the grant or project or by use of grant-generated revenue;
(6) persons occupying research grant positions are employed at-will and do not have grievance rights afforded to covered state employees or faculty of the respective public institution of higher learning. Research grant employees are not entitled to compensation beyond the date of termination, other than for the part of the project or grant that has been performed; and
(7) discretionary determinations by a public institution of higher learning as to whether to hire an employee pursuant to this section are final and not subject to administrative or judicial appeal.
Section 59-101-640. A public institution of higher learning may offer and fund, from any source of revenue other than state approved sources, health insurance to full-time graduate assistants according to a plan approved by the governing body of the respective public institution of higher learning.
Section 59-101-650. The board of trustees of a public institution of higher learning is vested with the power of eminent domain. The authority granted in this section applies only to private lands. The lands condemned must be used by the public institution of higher learning in the performance of its functions in the acquisition, construction, and operation of facilities for the public institution of higher learning, and is subject to the approval of the State Budget and Control Board.
Section 59-101-660. A public institution of higher learning may negotiate for its annual audit and quality review process with reputable certified public accountant firms selected from a list preapproved by the State Auditor's office."
SECTION 2. Chapter 150, Title 59 of the 1976 Code is amended by adding:
"Section 59-150-356. Of the funds appropriated from the Education Lottery for technology, one-half must be used for a University Technology Program and awarded to public four-year universities, excluding the University of South Carolina-Columbia, Clemson University, and the Medical University of South Carolina. Funds must be awarded to these institutions according to the following formula: thirty-five percent of available dollars must be allocated equally among eligible institutions, with the remaining sixty-five percent to be prorated among the eligible institutions based on total FTE enrollment in the immediately previous year. The remaining one-half of these funds appropriated for technology must be Technology Program funds to be used for technology upgrades across the public two-year institutions and the technical college system for the support and development of technology. Notwithstanding any other provision of law, prior approval or involvement of the Commission on Higher Education beyond allocation of funds as described in this section is not required."
SECTION 3. Article 3, Chapter 101, Title 59 of the 1976 Code is repealed.
SECTION 4. Section 59-53-425 of the 1976 Code, as added by Act 187 of 2004, is repealed.
SECTION 5. This part takes effect upon approval by the Governor.
SECTION 1. Section 59-104-20 of the 1976 Code is amended by adding appropriately lettered subsections at the end to read:
"( ) In addition to qualifications established by regulation, to qualify for a Palmetto Fellows Scholarship, a student shall:
(1) meet the following three criteria:
(a) a minimum score of 1200 on the Scholastic Aptitude Test (SAT) or an equivalent ACT score;
(b) a cumulative 3.5 grade point ratio on the Uniform Grading Scale at the end of the junior year; and
(c) rank in the top six percent of the class at the end of the sophomore or junior year or at the end of the first semester of the senior year. When calculating eligibility for Palmetto Fellows Scholarships in schools where the top six percent of the graduating class is two students or less, the top two students must be considered for the scholarship regardless of class rank. The top six percent of the graduating class must meet all Palmetto Fellows Scholarship eligibility requirements in order to receive a scholarship. If the top six percent of the class is not a whole number of students, the Commission on Higher Education shall round up to the next whole number of students eligible; or
(2) meet the following two criteria:
(a) a minimum score of 1400 on the Scholastic Aptitude Test (SAT) or an equivalent ACT score; and
(b) a cumulative 4.0 grade point ratio on the Uniform Grading Scale at the end of the junior year.
Qualifying scores must be certified by the high school on the Palmetto Fellows Scholarship application by the scholarship application deadline.
( ) Notwithstanding another provision of law, a student who met the initial eligibility requirements to receive a Palmetto Fellows Scholarship Award as a senior in high school and has met the continuing eligibility requirements shall receive the award. A student who received a Palmetto Fellows Scholarship Award as a senior in high school but declined the award is eligible to reapply for the annual scholarship, providing he meets all of the initial and continuing academic eligibility requirements of the Palmetto Fellows program, if he transfers to a qualifying South Carolina institution of higher learning. The number of semesters or academic years a student attended an out-of-state institution are to be deducted from the number of semesters or academic years a student is eligible for the scholarship. All funding provided for Palmetto Fellows Scholarships regardless of its source or allocation must be used to implement the provisions of this subsection."
SECTION 2. This act takes effect upon approval by the Governor and applies to students who graduate from high school after January 1, 2005. /
Renumber sections to conform.
Amend title to conform.
Rep. LITTLEJOHN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
H. 3621 (Word version) -- Reps. Altman, Ceips, Limehouse, Scarborough, Scott and Young: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION ON LOTTERIES AND THE EXCEPTIONS TO THIS PROHIBITION, SO AS TO PROVIDE THAT A RAFFLE CONDUCTED NOT MORE THAN FOUR TIMES IN A CALENDAR YEAR BY A CHARITABLE, RELIGIOUS, COMMUNITY-SERVICE, EDUCATION-RELATED, OR FRATERNAL ORGANIZATION EXEMPT FROM FEDERAL INCOME TAXATION IN WHICH ALL RAFFLE PROCEEDS EXCEPT FOR THE COSTS OF PRIZES AND THE COSTS OF PRINTING TICKETS ARE USED EXCLUSIVELY FOR THE ORGANIZATION'S TAX EXEMPT PURPOSES IS NOT A LOTTERY PROHIBITED BY THE CONSTITUTION OF THIS STATE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 7, Article XVII of the Constitution of this State be amended by adding a new paragraph at the end to read:
"A raffle conducted no more than four times in a calendar year by a charitable, religious, community-service, education-related, or fraternal organization exempt from federal income taxation in which all gross proceeds from the raffle less only the purchase price of the prizes and the costs of printing tickets are used for the organization's tax exempt purposes is not a lottery prohibited by this section. For purposes of this provision, all raffles occurring on one date are defined as one raffle."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 7, Article XVII of the Constitution of this State be amended so as to provide that a raffle conducted no more than four times in a calendar year by a charitable, religious, community-service, education-related, or fraternal organization exempt from federal income taxation in which all gross proceeds from the raffle less only the purchase price of the prizes and the costs of printing tickets are used for the organization's tax exempt purposes is not a lottery prohibited by the Constitution of this State and to provide that for purposes of this provision, all raffles occurring on one date are defined as one raffle?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10813HTC05), which was adopted:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. It is proposed that Section 7, Article XVII of the Constitution of this State be amended by adding a new paragraph at the end to read:
"A raffle conducted no more than four times in a calendar year by a charitable, religious, community-service, education-related, or fraternal organization exempt from federal income taxation in which all gross proceeds from the raffle less only the purchase price of the prizes and the costs of printing tickets are used for the organization's tax exempt purposes is not a lottery prohibited by this section. For purposes of this provision, all raffles occurring on one date are defined as one raffle."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 7, Article XVII of the Constitution of this State be amended so as to provide that a raffle conducted no more than four times in a calendar year by a charitable, religious, community-service, education-related, or fraternal organization exempt from federal income taxation in which all gross proceeds from the raffle less only the purchase price of the prizes and the costs of printing tickets are used for the organization's tax exempt purposes is not a lottery prohibited by the Constitution of this State and to provide that for purposes of this provision, all raffles occurring on one date are defined as one raffle?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Agnew Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Cooper Cotty Dantzler Duncan Edge Emory Frye Funderburk Govan Hagood Haley Hardwick Harrell Harrison Hayes Herbkersman J. Hines Hinson Hosey Huggins Jefferson Jennings Kennedy Kirsh Limehouse Littlejohn Lucas Mahaffey Martin McCraw McGee Merrill Miller J. H. Neal J. M. Neal Neilson Norman Ott Parks Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers Sandifer Scarborough Scott Simrill Skelton D. C. Smith G. M. Smith J. E. Smith J. R. Smith W. D. Smith Talley Thompson Toole Townsend Umphlett Vick Walker Whipper White Wilkins Witherspoon
Those who voted in the negative are:
Anderson Branham Coates Delleney Hamilton Haskins Leach Loftis Owens G. R. Smith Weeks
So, the Joint Resolution, as amended, having received the necessary two-thirds vote, was passed and ordered to third reading.
Rep. HARRELL moved to reconsider the vote whereby the following Bill was given a second reading, which was agreed to:
H. 3932 (Word version) -- Reps. Harrell, Wilkins and Chellis: A BILL TO AMEND AND REENACT CERTAIN PROVISIONS OF SECTION 11-41-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE SPECIFIC DEFINITIONS; TO AMEND SECTION 11-41-40, RELATING TO THE ISSUANCE OF THESE ECONOMIC DEVELOPMENT BONDS, SO AS TO FURTHER PROVIDE FOR THE MANNER OF SUCH ISSUANCE; TO AMEND AND REENACT SECTION 11-41-70, RELATING TO BOND NOTIFICATION AND OTHER REQUIREMENTS FOR THE ISSUANCE OF THESE BONDS, SO AS TO MAKE CONFORMING CHANGES TO THE DEFINITION REVISIONS CONTAINED ABOVE AND TO FURTHER PROVIDE THE TERMS AND CONDITIONS FOR THE ISSUANCE OF THESE BONDS; AND TO PROVIDE FINDINGS OF THE GENERAL ASSEMBLY THAT THE FUNDING OF THESE PROJECTS WITH THESE BONDS SERVES A VALID PUBLIC PURPOSE AND BENEFITS THIS STATE WITH SUBSEQUENT ECONOMIC AND EMPLOYMENT BENEFITS.
The question then recurred to the passage of the Bill on second reading.
Rep. HARRELL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady G. Brown J. Brown R. Brown Cato Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Cooper Cotty Dantzler Delleney Duncan Emory Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines Hinson Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Owens Parks Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers Sandifer Scarborough Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Talley Thompson Toole Townsend Umphlett Vick Weeks Whipper White Whitmire Wilkins Witherspoon
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3060 (Word version) -- Reps. Ceips, Vaughn, Mahaffey, Sandifer, Toole, Duncan, M. A. Pitts, Umphlett, Dantzler, Whitmire, Barfield, Jefferson, Govan, Hosey, Vick, Chalk, J. Hines, Anderson, G. Brown, Miller, Battle, Whipper, Sinclair, Haley, Martin, Young, Haskins, Brady, Moody-Lawrence, Loftis, Phillips, Anthony, R. Brown, D. C. Smith, Limehouse, Coates, Owens, Rhoad, Leach, Littlejohn, Neilson, Bales, E. H. Pitts, Huggins and Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 3, TITLE 16 SO AS TO DEFINE THE TERMS "BLACKMAIL", "COMMERCIAL SEXUAL ACTIVITY", "LABOR", "SEXUALLY EXPLICIT PERFORMANCE", "SERVICES", AND "FORCED LABOR OR SERVICES", TO CREATE OFFENSES INVOLVING INVOLUNTARY SERVITUDE WHEN A PERSON SUBJECTS ANOTHER PERSON TO FORCED LABOR OR SERVICES BY CAUSING OR THREATENING PHYSICAL HARM, PHYSICAL RESTRAINT, FINANCIAL HARM, ABUSING THE LAW OR LEGAL PROCESS, OR CONCEALING OR CONFISCATING IDENTIFICATION SUCH AS A PASSPORT, WHEN A PERSON INTENTIONALLY AIDS IN SUBJECTING ANOTHER PERSON TO FORCED LABOR OR SERVICES, AND WHEN A PERSON BENEFITS FINANCIALLY AS A DIRECT RESULT OF HIS PARTICIPATION IN AN INVOLUNTARY SERVITUDE OFFENSE, AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-3-810, RELATING TO ENGAGING A CHILD FOR A SEXUAL PERFORMANCE, SO AS TO REFERENCE ENGAGING A CHILD FOR COMMERCIAL SEXUAL ACTIVITY OR A SEXUALLY EXPLICIT PERFORMANCE AND TO PROVIDE AN INCREASED PENALTY IF A PERSON VIOLATES THE PROVISIONS OF THIS SECTION AND USES OVERT FORCE OR THE THREAT OF OVERT FORCE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7435AHB05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-3-930. (A) A person who knowingly subjects another person to forced labor or services, or recruits, entices, harbors, transports, provides, or obtains by any means another person knowing that the person will be subjected to forced labor or services, or aid, abets, attempts, or conspires to do any of the above acts is guilty of a felony known as trafficking in persons for forced labor or services and, upon conviction, must be imprisoned for not more than fifteen years.
(B) 'Forced labor or services' means any type of labor or services performed or provided by a person rendered through another person's exertion of physical, financial, or other means of control over the person providing the labor or services."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3224 (Word version) -- Rep. Miller: A BILL TO AMEND SECTION 62-5-504, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH CARE POWERS OF ATTORNEY AND RELATED DEFINITIONS, SO AS TO PROVIDE THAT ANY DOCUMENT DEALING SUBSTANTIALLY WITH THE SAME ISSUES AND HAVING SUBSTANTIALLY THE SAME REQUIREMENTS AS TO THE QUALIFICATIONS OF THE HEALTH CARE AGENT AND THE REQUIRED WITNESSES, INCLUDING, BUT NOT LIMITED TO, THE "FIVE WISHES" FORMAT, IS DEEMED TO COMPLY WITH THE REQUIREMENTS OF LAW FOR HEALTH CARE POWERS OF ATTORNEY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22109HTC05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 62-5-504 of the 1976 Code, as amended by Act 306 of 1992, is further amended by adding a new subsection (S) to read:
"(S)(1) Notwithstanding the requirements of subsections (C) and (D) of this section, any document or writing containing the following provisions is deemed to comply with the requirements of this section:
(a) the name and address of the person who meets the requirements of subsection (C)(1)(d) and is authorized to make health-care related decisions if the principal becomes mentally incompetent;
(b) the types of health-care related decisions that the health care agent is authorized to make;
(c) the signature of the principal;
(d) the signature of at least two persons who witnessed the principal's signature and who meet the requirements of subsection (C)(1)(c); and,
(e) the attestation of a notary public.
(2) Additionally, any document that meets the requirements of subsection (S)(1) and also provides expressions of the principal's intentions or wishes with respect to the following health care issues authorizes the health care agent to act in accordance with these provisions:
(a) organ donations;
(b) life-sustaining treatment;
(c) tube feeding;
(d) other kinds of medical treatment that the principal wishes to have or not to have;
(e) comfort and treatment issues;
(f) provisions for interment or disposal of the body after death; and,
(g) any statements that the principal may wish to have communicated on his behalf."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3650 (Word version) -- Reps. W. D. Smith, Hagood and McLeod: A BILL TO AMEND SECTION 44-56-750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BROWNFIELDS VOLUNTARY CLEANUP PROGRAM AND CONTRACT REQUIREMENTS ENTERED INTO BY OR ON BEHALF OF A NONRESPONSIBLE PARTY, SO AS TO PROVIDE THAT A NONRESPONSIBLE PARTY IS NOT LIABLE FOR THIRD PARTY CLAIMS AND TO FURTHER SPECIFY TO WHOM THIS LIMITATION OF LIABILITY APPLIES.
Rep. HAGOOD explained the Bill.
The following Bill was taken up:
H. 3222 (Word version) -- Reps. Leach, Hinson, Cobb-Hunter, E. H. Pitts, Ceips and Mahaffey: A BILL TO AMEND SECTION 20-7-1695, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS FROM WHOM CONSENT OR RELINQUISHMENT FOR ADOPTION IS REQUIRED, SO AS TO PROVIDE THAT CONSENT OR RELINQUISHMENT IS NOT REQUIRED IF THE CHILD WHO IS THE SUBJECT OF THE ADOPTION PROCEEDING WAS CONCEIVED AS A RESULT OF CRIMINAL SEXUAL CONDUCT OR INCEST; AND TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO PROVIDE THAT IT IS A GROUND FOR TERMINATION OF PARENTAL RIGHTS IF THE CHILD WAS CONCEIVED AS A RESULT OF CRIMINAL SEXUAL CONDUCT OR INCEST.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11707AC05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. This act may be cited as "Autumn's Law".
SECTION 2. Section 20-7-1695(A) of the 1976 Code, as last amended by Act 653 of 1988, is further amended to read:
"(A) Notwithstanding the provisions of Section 20-7-1690, consent or relinquishment for the purpose of adoption is not required of the following persons:
(1) a parent whose rights with terminated pursuant to Subarticle 3, Article 11, Chapter 7 of Title 20; or
(2) a parent whom the family court finds to be mentally incapable of giving consent or relinquishment for the purpose of adoption and whom the court finds to be unlikely to provide minimally acceptable care of the adoptee and whose capacity is unlikely to be restored for a reasonable period of time, and, in the court's judgment, it would be detrimental to the adoptee to delay adoption. The court shall appoint a guardian ad litem for an incompetent parent for whom there has been no prior appointment and shall appoint independent counsel for an incompetent parent who is indigent. However, upon good cause shown, the court may waive the requirement for the appointment of independent counsel for an incompetent and indigent parent.;
(3) the biological parent of a child conceived as a result of that parent's criminal sexual conduct or incest as found by a court of competent jurisdiction unless, with respect to a conviction for criminal sexual conduct, the sentencing court made a specific finding on the record that the conviction resulted from consensual sexual conduct where the victim was younger than the actor as contained in Section 16-3-655(3)."
SECTION 3. Section 20-7-1572 of the 1976 Code, as last amended by Act 104 of 1999, is further amended by adding an appropriately numbered item to read:
"( ) conception of a child as a result of the criminal sexual conduct of a biological parent, as found by a court of competent jurisdiction, is grounds for terminating the rights of that biological parent unless the sentencing court made a specific finding on the record that the conviction resulted from consensual sexual conduct where the victim was younger than the actor as contained in Section 16-3-655(3)."
SECTION 4. Subarticle 3, Article 11, Chapter 7, Title 20 of the 1976 Code is amended by adding:
"Section 20-7-1573. (A) Notwithstanding Section 20-7-1572, if a person is convicted of or pleads guilty or nolo contendere to violating Section 16-3-655 or any similar offense under the laws of another jurisdiction, that person's parental rights to any child conceived as a result of the conduct underlying the conviction or pleas are automatically terminated upon conviction or entry of a plea unless the sentencing court made a specific finding on the record that the conviction resulted from consensual sexual conduct where the victim was younger than the actor as contained in Section 16-3-655(3).
(B) If subsection (A) applies to automatically terminate the convicted parent's rights, the victim of the criminal sexual conduct is not required to follow the procedures set forth in this subarticle to formally terminate the convicted biological parent's rights.
(C) A certified copy of a sentencing sheet or a judgment of conviction reflecting the conviction or plea described in subsection (A) serves as an order terminating parental rights pursuant to Section 20-7-1574 and has the same effect as that specified in Section 20-7-1576.
(D) If the biological parent's conviction is reversed on appeal, the parent may petition the family court to restore his parental rights, subject to the following:
(1) The decision whether to restore the biological parent's rights must be made pursuant to Section 20-7-1572, including a finding whether maintaining the termination is in the best interest of the child.
(2) In adjudicating the petition and determining the best interests of the child, the family court may:
(a) make findings independent of the reversed conviction regarding whether the biological parent is guilty of violating subsection (1) or (2) of Section 16-3-655; if the court renders such a finding, the court shall enter an order pursuant to Sections 20-7-1574 and 20-7-1576 affirming termination of the parent's rights; and
(b) consider the basis on which the conviction was overturned."
SECTION 5. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3344 (Word version) -- Reps. Wilkins and Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-27-55 SO AS TO ALLOW THE FORFEITURE OF PROPERTY, MONIES, NEGOTIABLE INSTRUMENTS, SECURITIES, AND OTHER THINGS OF VALUE WHEN A PERSON VIOLATES A PROVISION OF THE ANIMAL FIGHTING AND BAITING ACT, TO PROVIDE PROCEDURES FOR FORFEITURE, AND TO CREATE AN EXCEPTION FOR THE INNOCENT OWNER OF PROPERTY SUBJECT TO FORFEITURE; TO AMEND SECTION 16-27-60, RELATING TO ACTIVITIES THAT ARE NOT SUBJECT TO THE CRIMINAL PENALTIES OF THE ANIMAL FIGHTING AND BAITING ACT, SO AS TO INCLUDE GAME FOWL UNDER THE PROVISIONS OF THE ACT BY DELETING ITS EXEMPTION; AND TO REPEAL SECTION 16-17-650 RELATING TO THE MISDEMEANOR OFFENSE OF COCKFIGHTING.
Reps. HARRISON, DELLENEY, LEACH, MCGEE, COATES, MCLEOD, HAYES, WITHERSPOON, OTT, HOSEY, TOOLE, J. BROWN, JENNINGS, SKELTON, KENNEDY, TALLEY, WALKER, MAHAFFEY, SIMRILL, COTTY, MACK and LUCAS requested debate on the Bill.
The following Bill was taken up:
H. 3777 (Word version) -- Reps. Ceips, Loftis, Breeland, Scott, Whipper, Hosey, Vaughn, Anthony, Battle, Chalk, Clyburn, Dantzler, Hardwick, Harvin, Herbkersman, J. Hines, Howard, Jefferson, Kirsh, Lee, Martin, McCraw, Miller, Moody-Lawrence, J. H. Neal, Perry, M. A. Pitts, Rivers, Scarborough, Simrill, Toole, Umphlett and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-605 SO AS TO DEFINE THE TERMS "GEOCACHE", "GEOCACHING", AND "LETTERBOXING", TO PROVIDE THAT IT IS UNLAWFUL TO ENGAGE IN GEOCACHING OR LETTERBOXING IN CEMETERIES, ARCHEOLOGICAL SITES, OR ON THE HISTORIC PROPERTIES OF THE STATE, AND TO PROVIDE A PENALTY.
Reps. LUCAS, WEEKS, OTT, THOMPSON, RUTHERFORD, HOSEY, SCARBOROUGH, PINSON, CEIPS, SCOTT, MERRILL, HINSON and LIMEHOUSE requested debate on the Bill.
Rep. TALLEY moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3295 (Word version) -- Reps. Taylor, Duncan and M. A. Pitts: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE WALKWAY THAT EXTENDS FROM THE E. B. MORSE ELEMENTARY SCHOOL CAMPUS TO THE JOE R. ADAIR OUTDOOR EDUCATION CENTER THE "JOE R. ADAIR MEMORIAL WALKWAY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS WALKWAY CONTAINING THE WORDS "JOE R. ADAIR MEMORIAL WALKWAY".
H. 3367 (Word version) -- Reps. Vick, Neilson, Jennings and Lucas: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE OVER THOMPSON CREEK IN THE TOWN OF CHESTERFIELD ON HIGHWAY 13-243 AS THE "BUCHANAN BRIDGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "BUCHANAN BRIDGE".
H. 3389 (Word version) -- Reps. Ott, Cobb-Hunter, Govan and Rhoad: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME U.S. HIGHWAY 601 NORTH, FROM THE I-26 INTERCHANGE THROUGH JAMISON IN ORANGEBURG COUNTY TO THE ORANGEBURG COUNTY LINE, IN HONOR OF THE LATE F. HALL YARBOROUGH, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY CONTAINING THE WORDS "F. HALL YARBOROUGH MEMORIAL HIGHWAY".
H. 3486 (Word version) -- Rep. Littlejohn: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF DEERWOOD DRIVE FROM ITS INTERSECTION WITH CEDAR LANE TO UNITED STATES HIGHWAY 176 BY-PASS IN THE TOWN OF PACOLET "CLARENCE PHILLIPS MCGEE MEMORIAL DRIVE", AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "CLARENCE PHILLIPS MCGEE MEMORIAL DRIVE".
H. 3497 (Word version) -- Reps. Witherspoon, Barfield, Clemmons, Hardwick and Viers: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE WHITE OAK SWAMP ALONG STATE ROAD 97 IN HORRY COUNTY THE "M. A. ARTIST MCCRACKEN BRIDGE", AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "M. A. ARTIST MCCRACKEN BRIDGE".
H. 3787 (Word version) -- Reps. Taylor, M. A. Pitts and Duncan: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 101 FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 14 TO ITS INTERSECTION WITH INTERSTATE HIGHWAY 385 IN LAURENS COUNTY THE "CHARLES M. CULBERTSON MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "CHARLES M. CULBERTSON MEMORIAL HIGHWAY".
At 5:30 p.m. the House, in accordance with the motion of Rep. BARFIELD, adjourned in memory of Lee Johnson of Aynor, to meet at 10:00 a.m. tomorrow.
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