Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Jeremiah 31:33: "I will put my law in their minds and write it on their hearts. I will be their God and they will be my people."
Let us pray. Almighty God, we thank You for Your calling us as Your people. Provide for these men and women the desire to accomplish the interest of those whom they serve. Give them a diligent mind and a heart of compassion in deciding the laws and rules to follow. Look in merciful kindness on our Nation, President, State and her leaders. Protect from all harm our defenders of freedom. 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 yesterday, the SPEAKER ordered it confirmed.
Rep. FUNDERBURK moved that when the House adjourns, it adjourn in memory of John W. Martin, Jr. of Camden, which was agreed to.
The House stood in silent prayer in memory of former Representative Joseph Bowers Wilder of Barnwell.
The following was received:
Columbia, S.C., May 18, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3870:
H. 3870 (Word version) -- Reps. Walker and Sinclair: A BILL TO AMEND ACT 1105 OF 1956, AS AMENDED, RELATING TO THE CREATION OF THE STARTEX-JACKSON-WELLFORD-DUNCAN WATER DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE FROM FIVE TO SEVEN THE NUMBER OF COMMISSIONERS AND TO PROVIDE THAT TWO MEMBERS MAY RESIDE IN THE SERVICE AREA OF THE DISTRICT.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was introduced:
H. 4138 (Word version) -- Rep. Mack: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE SOUTH CAROLINA ASSOCIATION OF THE DEAF AND ITS MEDIA PARTNERS, WIS-TV, WYFF, WCSC, AND WBTW FOR THE CREATION AND OPERATION OF THE REAL-TIME CLOSED CAPTIONING PROJECT AND FOR THEIR COMMITMENT TO PROVIDING EQUAL ACCESS TO INFORMATION FOR THE HEARING IMPAIRED CITIZENS OF OUR STATE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4139 (Word version) -- Rep. Hayes: A HOUSE RESOLUTION TO CONGRATULATE RAYMOND FELTON OF LATTA, SOUTH CAROLINA, FOR HIS MANY OUTSTANDING BASKETBALL ACCOMPLISHMENTS AS A HIGH SCHOOL ALL AMERICAN AT LATTA HIGH SCHOOL AND AS A COLLEGIATE ALL AMERICAN AT THE UNIVERSITY OF NORTH CAROLINA AND TO EXTEND HIM EVERY BEST WISH AS HE EXPLORES THE POSSIBILITY OF CONTINUING HIS BASKETBALL CAREER AS A PROFESSIONAL PLAYER IN THE NATIONAL BASKETBALL ASSOCIATION.
The Resolution was adopted.
The following was introduced:
H. 4140 (Word version) -- Reps. Loftis, Clemmons, Davenport, Delleney, Duncan, Edge, Frye, Hardwick, Leach, Norman, Perry, M. A. Pitts, Sandifer, Viers and Witherspoon: A CONCURRENT RESOLUTION ENCOURAGING THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, OCEAN AND COASTAL RESOURCE MANAGEMENT DIVISION, TO COLLABORATE WITH STAKEHOLDERS IN THE REGULATION OF CONSTRUCTION OF BRIDGES TO SMALL ISLANDS IN THE COASTAL MARSH IN DEVELOPING AND PROPOSING PERMANENT REGULATIONS TO PROTECT THE COASTAL AND ENVIRONMENTAL RESOURCES.
The Concurrent Resolution was ordered referred to the Committee on Agriculture, Natural Resources and Environmental Affairs.
The Senate sent to the House the following:
S. 858 (Word version) -- Senator J. V. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE THE SOUTH CAROLINA GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES FOR ITS OUTSTANDING RANKING IN THE TOP TWO HUNDRED PUBLIC SCHOOLS IN THE NATION FOR THE NUMBER OF STUDENTS TAKING ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE TESTS AS COMPARED TO THE NUMBER OF GRADUATING SENIORS, AS REPORTED BY NEWSWEEK MAGAZINE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4141 (Word version) -- Reps. Rivers, Herbkersman and Chalk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-385 SO AS TO CREATE THE BEAUFORT-JASPER ACADEMY FOR CAREER EXCELLENCE BOARD OF TRUSTEES AND TO PROVIDE FOR THE APPOINTMENT, TERM, ATTENDANCE, AND REMOVAL OF ITS MEMBERS; TO PROVIDE FOR THE OPERATION, GOVERNANCE, AND COMPENSATION OF THE BOARD; TO PROVIDE THAT BEGINNING JULY 1, 2006, THE BEAUFORT COUNTY SCHOOL DISTRICT SHALL MANAGE THE ACADEMY; AND TO PROVIDE THAT BEGINNING OCTOBER 1, 2006, JASPER COUNTY SHALL SUBMIT PAYMENT TO BEAUFORT COUNTY BASED ON A PER STUDENT COST.
On motion of Rep. HERBKERSMAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4142 (Word version) -- Rep. Clyburn: A BILL TO PROVIDE THAT THE EDGEFIELD COUNTY SCHOOL DISTRICT BOARD OF TRUSTEES SHALL HAVE A SPECIAL MEETING BEFORE A REDISTRICTING PLAN MAY BE APPROVED.
On motion of Rep. CLYBURN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4144 (Word version) -- Reps. E. H. Pitts, Kirsh, Bingham, Haskins, Leach, Loftis, Anderson, Haley, M. A. Pitts, G. R. Smith, Taylor, Toole and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-750 SO AS TO PROVIDE THAT A PERSON CURRENTLY INCARCERATED BY THE DEPARTMENT OF CORRECTIONS FOR CERTAIN SEX OFFENSES INVOLVING A MINOR WHO IS RELEASED ON PROBATION, PAROLE, OR COMMUNITY SUPERVISION OR A PERSON CURRENTLY ON PROBATION, PAROLE, OR COMMUNITY SUPERVISION FOR CERTAIN SEX OFFENSES INVOLVING A MINOR MUST BE MONITORED BY AN ACTIVE ELECTRONIC MONITORING DEVICE FOR THE DURATION OF THE TIME THE PERSON IS REQUIRED TO BE UNDER SUPERVISION AND TO PROVIDE THAT A PERSON WHO VIOLATES A TERM OF PROBATION, PAROLE, OR COMMUNITY SUPERVISION MUST BE REQUIRED BY THE COURT TO BE MONITORED BY AN ACTIVE ELECTRONIC MONITORING DEVICE FOR THE DURATION OF THE TIME THE PERSON REMAINS ON THE SEX OFFENDER REGISTRY IN ADDITION TO OTHER APPROPRIATE ACTION BY THE COURT; BY ADDING SECTION 16-3-760 SO AS TO PROVIDE ADDITIONAL FACTORS FOR THE COURT TO CONSIDER WHEN CONSIDERING RELEASE OF A PERSON ON BOND WHO IS CHARGED WITH CERTAIN OFFENSES; BY ADDING SECTION 16-15-450 SO AS TO ADD THAT A PERSON WHO VIOLATES A PROVISION RELATING TO CHILD EXPLOITATION ALSO MUST BE ORDERED BY THE COURT TO BE MONITORED WITH AN ACTIVE ELECTRONIC MONITORING DEVICE; BY ADDING SECTION 23-3-540 SO AS TO ESTABLISH THE OFFENSE OF ASSISTING OR HARBORING AN UNREGISTERED SEX OFFENDER AND TO PROVIDE A PENALTY; BY ADDING SECTION 24-21-435 SO AS TO DEFINE THE TERM "ACTIVE ELECTRONIC MONITORING DEVICE", TO ESTABLISH THE OFFENSE OF TAMPERING WITH AN ACTIVE ELECTRONIC MONITORING DEVICE OR AN APPROVED ELECTRONIC MONITORING DEVICE, AND TO PROVIDE A PENALTY; TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO PUNISHMENT FOR MURDER, SO AS TO ADD TO THE LIST OF AGGRAVATING CIRCUMSTANCES THAT THE MURDER WAS COMMITTED BY A PERSON DEEMED A SEXUALLY VIOLENT PREDATOR; TO AMEND SECTION 16-3-652, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE, SO AS TO REVISE THE PENALTY FOR A PERSON CONVICTED OF CRIMINAL SEXUAL CONDUCT WITH A MINOR IN THE FIRST DEGREE AND TO REQUIRE THAT THE PERSON MUST BE ORDERED BY THE COURT TO BE MONITORED WITH AN ACTIVE ELECTRONIC MONITORING DEVICE UPON RELEASE FROM INCARCERATION FOR THE DURATION OF TIME THE PERSON IS REQUIRED TO REMAIN ON THE SEX OFFENDER REGISTRY; TO AMEND SECTION 16-3-653 RELATING TO CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE, SO AS TO PROVIDE A PENALTY FOR A PERSON CONVICTED OF CRIMINAL SEXUAL CONDUCT WITH A MINOR IN THE SECOND DEGREE AND TO REQUIRE THAT THE PERSON MUST BE ORDERED BY THE COURT TO BE MONITORED WITH AN ACTIVE ELECTRONIC MONITORING DEVICE UPON RELEASE FROM INCARCERATION FOR THE DURATION OF TIME THE PERSON IS REQUIRED TO REMAIN ON THE SEX OFFENDER REGISTRY; TO AMEND SECTION 16-3-656, RELATING TO ASSAULTS WITH INTENT TO COMMIT CRIMINAL SEXUAL CONDUCT, SO AS TO PROVIDE THAT A PERSON CONVICTED OF ASSAULT WITH INTENT TO COMMIT A CRIMINAL DOMESTIC VIOLENCE OFFENSE WHO IS REQUIRED TO REGISTER ON THE SEX OFFENDER REGISTRY AND THE VICTIM IS A MINOR, THE PERSON'S SENTENCE MUST INCLUDE THAT HE BE MONITORED WITH AN ACTIVE ELECTRONIC MONITORING DEVICE UPON RELEASE FROM INCARCERATION FOR THE DURATION OF TIME HE IS REQUIRED TO REMAIN ON THE SEX OFFENDER REGISTRY; TO AMEND SECTION 16-3-810, RELATING TO ENGAGING A CHILD FOR A SEXUAL PERFORMANCE, AND SECTION 16-3-820, RELATING TO PRODUCING, DIRECTING, OR PROMOTING A SEXUAL PERFORMANCE BY A CHILD, BOTH SO AS TO REQUIRE THAT IN ADDITION TO OTHER PENALTIES THE PERSON MUST BE ORDERED BY THE COURT TO BE MONITORED WITH AN ACTIVE ELECTRONIC MONITORING DEVICE UPON RELEASE FROM INCARCERATION FOR THE DURATION OF TIME THE PERSON IS REQUIRED TO REMAIN ON THE SEX OFFENDER REGISTRY; TO AMEND SECTION 16-3-910, RELATING TO KIDNAPPING, SO AS TO REQUIRE THAT IN ADDITION TO THE PENALTY PROVIDED THE PERSON CONVICTED OF KIDNAPPING, IF THE VICTIM IS UNDER THE AGE OF EIGHTEEN AND THE PERSON IS NOT A PARENT, MUST BE ORDERED BY THE COURT TO BE MONITORED WITH AN ACTIVE ELECTRONIC MONITORING DEVICE UPON RELEASE FROM INCARCERATION FOR THE DURATION OF TIME THE PERSON IS REQUIRED TO REMAIN ON THE SEX OFFENDER REGISTRY; TO AMEND SECTION 16-15-20, RELATING TO INCEST, SO AS TO REQUIRE THAT IN ADDITION TO THE PENALTY PROVIDED THE PERSON MUST BE ORDERED BY THE COURT TO BE MONITORED WITH AN ACTIVE ELECTRONIC MONITORING DEVICE UPON RELEASE FROM INCARCERATION FOR THE DURATION OF TIME THE PERSON IS REQUIRED TO REMAIN ON THE SEX OFFENDER REGISTRY; TO AMEND SECTION 16-15-140, RELATING TO COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT UPON A CHILD UNDER SIXTEEN, SO AS TO REQUIRE THAT IN ADDITION TO THE PENALTY PROVIDED THE PERSON MUST BE ORDERED BY THE COURT TO BE MONITORED WITH AN ACTIVE ELECTRONIC MONITORING DEVICE UPON RELEASE FROM INCARCERATION FOR THE DURATION OF TIME THE PERSON IS REQUIRED TO REMAIN ON THE SEX OFFENDER REGISTRY; TO AMEND SECTION 16-15-342, RELATING TO CRIMINAL SOLICITATION OF A MINOR, SO AS TO REQUIRE THAT IN ADDITION TO THE PENALTY PROVIDED THE PERSON MUST BE ORDERED BY THE COURT TO BE MONITORED WITH AN ACTIVE ELECTRONIC MONITORING DEVICE UPON RELEASE FROM INCARCERATION FOR THE DURATION OF TIME THE PERSON IS REQUIRED TO REMAIN ON THE SEX OFFENDER REGISTRY; TO AMEND SECTION 23-3-460, AS AMENDED, RELATING TO ANNUAL REGISTRATION FOR LIFE FOR PURPOSES OF THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE FOR REGISTRATION EVERY SIX MONTHS RATHER THAN ANNUALLY; AND TO AMEND SECTION 23-3-530, RELATING TO THE PROTOCOL MANUAL DEVELOPED BY THE STATE LAW ENFORCEMENT DIVISION FOR THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE CERTAIN NONEXCLUSIVE REQUIREMENTS THAT MUST BE INCLUDED IN THE PROTOCOL MANUAL.
Referred to Committee on Judiciary
S. 615 (Word version) -- Senators Campsen, Cleary, Scott, McConnell, Cromer, Grooms, Richardson, Verdin, Sheheen, Bryant, Rankin, Ryberg, Alexander, Hawkins, Thomas, Hayes, Fair, Martin, Elliott and Gregory: A BILL TO AMEND TITLE 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 11, RELATING TO AGREEMENTS AND RELATIONS WITH THE UNITED STATES, SO AS TO PROVIDE THAT THE STATE OF SOUTH CAROLINA GRANTS ITS AUTHORITY DELEGATED BY THE UNITED STATES CONGRESS TO REGULATE CERTAIN GAMBLING VESSELS PURSUANT TO THE JOHNSON ACT OF 1992, AS AMENDED, 15 U.S.C. SECTIONS 1171 THROUGH 1177, TO COUNTY AND MUNICIPAL GOVERNMENTS, TO PROVIDE THAT COUNTY AND MUNICIPAL GOVERNMENTS MAY PROHIBIT OR REGULATE THE OPERATION OF GAMBLING VESSELS BY ORDINANCE WITHIN THE DELEGATED POWER PROVIDED, TO PROVIDE THAT A COUNTY AND MUNICIPALITY MAY ASSESS ONLY CIVIL PENALTIES FOR VIOLATIONS OF THIS SECTION, TO PROVIDE THAT CIVIL PENALTIES SHALL NOT EXCEED ONE HUNDRED DOLLARS PER PASSENGER WITHIN A TWENTY-FOUR-HOUR PERIOD, TO PROVIDE THAT THE ATTORNEY GENERAL ASSUMES THE RESPONSIBILITY FOR DEFENDING THE STATE, COUNTY, OR MUNICIPAL GOVERNMENT FROM CONSTITUTIONAL CHALLENGES OF THE PROVISIONS HEREIN, TO PROVIDE THAT PASSENGER CRUISE LINERS MEETING CERTAIN CRITERIA ARE EXEMPT FROM THE PROVISIONS HEREIN, AND TO PROVIDE THAT NOTHING IN THIS SECTION MUST BE CONSTRUED TO REPEAL OR MODIFY ANY OTHER PROVISION OF LAW RELATING TO GAMBLING.
Referred to Committee on Judiciary
The following was introduced:
H. 4143 (Word version) -- Rep. Bowers: A HOUSE RESOLUTION TO CONGRATULATE AND HONOR TIMOTHY LEHE DRAWDY II OF COLLETON COUNTY ON ACHIEVING THE ELITE RANK OF EAGLE SCOUT WITH THE BOY SCOUTS OF AMERICA AND TO WISH HIM FURTHER SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Allen Altman Anderson Anthony Bales Ballentine Barfield Battle Bingham Brady Branham Breeland G. Brown J. Brown R. Brown Cato Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Cooper Dantzler Davenport Delleney Emory Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hiott Hosey Howard Jefferson Kennedy Kirsh Leach Lee Limehouse Littlejohn Loftis Lucas Mack Mahaffey McCraw McGee Merrill Miller Moody-Lawrence J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rutherford Sandifer Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Thursday, May 19.
Jeffrey D. Duncan Tracy Edge William Bowers Walton McLeod Chip Huggins Olin Phillips Thad Viers Douglas Jennings Joseph Neal Marty Coates George Bailey Ted Vick Wallace Scarborough Catherine Ceips
The SPEAKER granted Rep. COTTY a leave of absence due to medical reasons.
The SPEAKER granted Rep. DUNCAN a leave of absence for the remainder of the day.
Announcement was made that Dr. Allen Sloan of North Augusta is the Doctor of the Day for the General Assembly.
Rep. UMPHLETT and the Berkeley Delegation presented to the House the Berkeley High School Mock Trial Team, their coaches and other school officials.
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. 3162 (Word version)
Date: ADD:
05/19/05 CLARK
Bill Number: H. 4047 (Word version)
Date: ADD:
05/19/05 HALEY
Bill Number: H. 3968 (Word version)
Date: ADD:
05/19/05 SCOTT
Bill Number: H. 3881 (Word version)
Date: ADD:
05/19/05 BAILEY
Bill Number: H. 3591 (Word version)
Date: ADD:
05/19/05 COATES
Bill Number: H. 3591 (Word version)
Date: ADD:
05/19/05 LEACH
Bill Number: H. 4113 (Word version)
Date: ADD:
05/19/05 LUCAS
Bill Number: H. 4113 (Word version)
Date: ADD:
05/19/05 DELLENEY
Bill Number: H. 4047 (Word version)
Date: ADD:
05/19/05 CLARK
Bill Number: H. 4047 (Word version)
Date: ADD:
05/19/05 OWENS
Bill Number: H. 4047 (Word version)
Date: ADD:
05/19/05 RICE
Bill Number: H. 3346 (Word version)
Date: ADD:
05/19/05 NEILSON
Bill Number: H. 3922 (Word version)
Date: ADD:
05/19/05 BAILEY
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 3569 (Word version) -- Rep. Bailey: A BILL TO AMEND ACT 536 OF 1986, AS AMENDED, RELATING TO THE ELECTION OF THE BOARD OF TRUSTEES FOR SUMMERVILLE SCHOOL DISTRICT NO. 2 IN DORCHESTER COUNTY, SO AS TO CHANGE THE BOUNDARY THAT SEPARATES SUMMERVILLE SCHOOL DISTRICT NO. 2 IN DORCHESTER COUNTY AND SCHOOL DISTRICT NO. 4 IN DORCHESTER COUNTY; AND TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH THESE LINES OF THE ELECTION DISTRICTS FOR TRUSTEES ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
The following Bill was taken up:
S. 808 (Word version) -- Senators Patterson, Courson, Lourie and Jackson: A BILL TO DEVOLVE THE AUTHORITY TO APPOINT THE MEMBERS OF THE RICHLAND COUNTY RECREATION COMMISSION FROM THE RICHLAND COUNTY LEGISLATIVE DELEGATION TO THE GOVERNING BODY OF RICHLAND COUNTY.
Rep. SCOTT moved to recommit the Bill to the Richland Delegation, which was agreed to.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 204 (Word version) -- Senator J. V. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-150-375 SO AS TO PROVIDE THAT CERTAIN VISUAL OR HEARING IMPAIRED STUDENTS MAY RECEIVE STATE SCHOLARSHIP FUNDS TO ATTEND CERTAIN OUT-OF-STATE INSTITUTIONS.
CONFERENCE REPORT
H. 3155
The General Assembly, Columbia, S.C., May 17, 2005
The COMMITTEE OF CONFERENCE, to whom was referred: (House Doc. No. p:\legwork\house\amend\council\pt\2660sj05.doc)
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.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Title 59 of the 1976 Code is amended by adding:
Section 59-59-10. This chapter may be cited as the 'South Carolina Education and Economic Development Act'.
Section 59-59-20. (A) The Department of Education shall develop a curriculum, aligned with state content standards, organized around a career cluster system that must provide students with both strong academics and real-world problem solving skills. Students must be provided individualized educational, academic, and career-oriented choices and greater exposure to career information and opportunities. This system must promote the involvement and cooperative effort of parents, teachers, and school counselors in assisting students in making these choices, in setting career goals, and in developing individual graduation plans to achieve these goals.
(B) School districts must lay the foundation for the clusters of study system in elementary school by providing career awareness activities. In the middle grades programs must allow students to identify career interests and abilities and align them with clusters of study for the development of individual graduation plans. Finally, high school students must be provided guidance and curricula that will enable them to complete successfully their individual graduation plans, preparing them for a seamless transition to relevant employment, further training, or postsecondary study.
Section 59-59-30. This chapter must be implemented fully by July 1, 2011, at which time the council created pursuant to Section 59-59-170 shall cease to exist. The Department of Education shall provide administrative support and staffing to the council to carry out its responsibilities under this chapter.
Section 59-59-40. During the 2005-06 school year, the Department of Education's guidance and counseling model must provide standards and strategies for school districts to use and follow in developing and implementing a comprehensive guidance and counseling program in their districts. This model must assist school districts and communities with the planning, development, implementation, and assessment of a school guidance and counseling program to support the personal, social, educational, and career development of pre-kindergarten through twelfth grade students.
Section 59-59-50. (A) Before July 1, 2006, the Department of Education shall develop state models and prototypes for individual graduation plans and the curriculum framework for career clusters of study. These clusters of study may be based upon the national career clusters and may include, but are not limited to:
(1) agriculture, food, and natural resources;
(2) architecture and construction;
(3) arts, audio-video technology, and communications;
(4) business, management, and administration;
(5) education and training;
(6) finance;
(7) health science;
(8) hospitality and tourism;
(9) human services;
(10) information technology;
(11) law, public safety, and security;
(12) manufacturing;
(13) government and public administration;
(14) marketing, sales, and service;
(15) science, technology, engineering, and mathematics; and
(16) transportation, distribution, and logistics.
(B) The Department of Education is to include in the state models and prototypes for individual graduation plans and curriculum framework the flexibility for a student to develop an individualized plan for graduation utilizing courses offered within the clusters at the school of attendance. Any plan of this type is to be approved by the student, parent or guardian, and the school guidance staff.
Section 59-59-55. The State Board of Education shall develop a state model for addressing at-risk students. This model shall include various programs and curriculum proven to be effective for at-risk students.
Section 59-59-60. Before July 1, 2007, school districts shall:
(1) organize high school curricula around a minimum of three clusters of study and cluster majors. The curricula must be designed to provide a well-rounded education for students by fostering artistic creativity, critical thinking, and self-discipline through the teaching of academic content, knowledge, and skills that students will use in the workplace, further education, and life;
(2) promote increased awareness and career counseling by providing access to the South Carolina Occupational Information System for all schools. However, if a school chooses another occupational information system, that system must be approved by the State Department of Education.
Section 59-59-70. During the 2006-07 school year, the department shall begin implementing a career development plan for educational professionals in career guidance that provides awareness, training, release time, and preparatory instruction. The plan must include strategies for certified school counselors effectively to involve parents, guardians, or individuals appointed by the parent or guardian to serve as their designee in the career guidance process and in the development of the individual graduation plans. The plan also must include innovative approaches to recruit, train, and certify professionals needed to carry out the career development plan.
Section 59-59-80. During the 2006-07 school year, the department's school guidance and counseling program model along with career awareness and exploration activities must be integrated into the curricula for students in the first through fifth grades.
Section 59-59-90. Beginning with the 2006-07 school year, counseling and career awareness programs on clusters of study must be provided to students in the sixth, seventh, and eighth grades, and they must receive career interest inventories and information to assist them in the career decision-making process. Before the end of the second semester of the eighth grade, eighth grade students in consultation with their parents, guardians, or individuals appointed by the parents or guardians to serve as their designee shall select a preferred cluster of study and develop an individual graduation plan, as provided for in Section 59-59-140.
Section 59-59-100. (A) By the 2006-07 school year, middle schools and by 2007-08 high schools shall provide students with the services of a career specialist who has obtained a bachelor's degree and who has successfully completed the national Career Development Facilitator (CDF) certification training or certified guidance counselor having completed the Career Development Facilitator certification training. This career specialist shall work under the supervision of a certified guidance counselor. By the 2007-08 school year, each middle and high school shall have a student-to-guidance personnel ratio of three hundred to one. Guidance personnel include certified school guidance counselors and career specialists.
(B) Career specialists currently employed by the sixteen tech prep consortia and their performance responsibilities related to the delivery of tech prep or school-to-work activities must be supervised by the State Department of Education's Office of Career and Technology Education in conjunction with the immediate site supervisor of the tech prep consortia.
Section 59-59-105. An individual employed by school districts to provide career services pursuant to Section 59-59-100 shall work to ensure the coordination, accountability, and delivery of career awareness, development, and exploration to students in kindergarten through twelfth grade. To ensure the implementation and delivery of this chapter, this individual shall:
(1) coordinate and present professional development workshops in career development and guidance for teachers, school counselors, and work-based constituents;
(2) assist schools in promoting the goals of quality career development of students in kindergarten through twelfth grade;
(3) assist school counselors and students in identifying and accessing career information and resource material;
(4) provide educators, parents, and students with information on career and technology education programs offered in the district;
(5) support students in the exploration of career clusters and the selection of an area of academic focus within a cluster of study;
(6) learn and become familiar with ways to improve and promote career development opportunities within the district;
(7) attend continuing education programs on the certified career development facilitator curriculum sponsored by the State;
(8) assist with the selection, administration, and evaluation of career interest inventories;
(9) assist with the implementation of the district's student career plan or individual graduation plan;
(10) assist schools in planning and developing parent information on career development;
(11) coordinate with school counselors and administration career events, career classes, and career programming;
(12) coordinate community resources and citizens representing diverse occupations in career development activities for parents and students; and
(13) assist with the usage of computer assisted career guidance systems.
Section 59-59-110. During the 2007-08 school year, each public high school shall implement a career guidance program model or prototype as developed or approved by the State Department of Education. At least annually after that, certified school guidance counselors and career specialists, under their supervision, shall counsel students during the ninth and tenth grades to further define their career cluster goals and individual graduation plans, and before the end of the second semester of the tenth grade, tenth grade students shall have declared an area of academic focus within a cluster of study. Throughout high school, students must be provided guidance activities and career awareness programs that combine counseling on career options and experiential learning with academic planning to assist students in fulfilling their individual graduation plans. In order to maximize the number of clusters offered, a school district is to ensure that each high school within the district offers a variety of clusters. A student may transfer to a high school offering that student's career cluster if not offered by the high school in his attendance zone.
Section 59-59-120. School guidance counselors and career specialists shall limit their activities to guidance and counseling and may not perform administrative tasks.
Section 59-59-130. By the 2009-10 school year, each high school shall implement the principles of the 'High Schools that Work' organizational model or have obtained approval from the Department of Education for another cluster or major organizational model.
Section 59-59-140. An individual graduation plan is a student specific educational plan detailing the courses necessary for the student to prepare for graduation and to successfully transition into the workforce or postsecondary education. An individual graduation plan must:
(1) align career goals and a student's course of study;
(2) be based on the student's selected cluster of study and an academic focus within that cluster;
(3) include core academic subjects, which must include, but are not limited to, English, math, science, and social studies to ensure that requirements for graduation will be met;
(4) include experience-based, career-oriented learning experiences including, but not limited to, internships, apprenticeships, mentoring, co-op education, and service learning;
(5) be flexible to allow change in the course of study but be sufficiently structured to meet graduation requirements and admission to postsecondary education;
(6) incorporate provisions of a student's individual education plan, when appropriate; and
(7) be approved by a certified school guidance counselor and the student's parents, guardians, or individuals appointed by the parents or guardians to serve as their designee.
Section 59-59-150. By July 2007, the State Board of Education shall promulgate regulations outlining specific objective criteria for districts to use in the identification of students at risk for being poorly prepared for the next level of study or for dropping out of school. The criteria must include diagnostic assessments to identify strengths and weaknesses in the core academic areas. The process for identifying these students must be closely monitored by the State Department of Education in collaboration with school districts to ensure that students are being properly identified and provided timely, appropriate guidance and assistance and to ensure that no group is disproportionately represented. The regulations also must include evidence-based model programs for at-risk students designed to ensure that these students have an opportunity to graduate with a state high school diploma. By the 2007-08 school year, each high school of the State shall implement one or more of these programs to ensure that these students receive the opportunity to complete the necessary requirements to graduate with a state high school diploma and build skills to prepare them to enter the job market successfully. The regulation also must include an evaluation of model programs in place in each high school to ensure the programs are providing students an opportunity to graduate with a state high school diploma.
Section 59-59-160. Parental participation is an integral component of the clusters of study system. Beginning with students in the sixth grade and continuing through high school, schools must schedule annual parent counseling conferences to assist parents, guardians, or individuals appointed by the parents or guardians and their children in making career choices and creating individual graduation plans. These conferences must include, but are not limited to, assisting the student in identifying career interests and goals, selecting a cluster of study and an academic focus, and developing an individual graduation plan. In order to protect the interests of every student, a mediation process that includes parent advocates must be developed, explained, and made available for conferences upon request of the parent or student.
Section 59-59-170. (A) There is created the Education and Economic Development Coordinating Council. The council is comprised of the following members representing the geographic regions of the State and must be representative of the ethnic, gender, rural, and urban diversity of the State:
(1) State Superintendent of Education or his designee;
(2) Executive Director of the South Carolina Employment Security Commission or his designee;
(3) Executive Director of the State Board for Technical and Comprehensive Education or his designee;
(4) Secretary of the Department of Commerce or his designee;
(5) Executive Director of the South Carolina Chamber of Commerce or his designee;
(6) Executive Director of the South Carolina Commission on Higher Education or his designee;
(7) the following members who must be appointed by the State Superintendent of Education:
(a) a school district superintendent;
(b) a principal;
(c) a school guidance counselor;
(d) a teacher; and
(e) the director of a career and technology center;
(8) the following members who must be appointed by the Chairman of the Commission on Higher Education:
(a) the president or provost of a research university;
(b) the president or provost of a four-year college or university; and
(c) the president of a technical college;
(9) ten representatives of business appointed by the Governor, at least one of which must represent small business. Of the representatives appointed by the Governor, five must be recommended by state-wide organizations representing business and industry. The chair is to be selected by the Governor from one of his appointees;
(10) Chairman of the Education Oversight Committee or his designee;
(11) a member from the House of Representatives appointed by the Speaker of the House; and
(12) a member from the Senate appointed by the President Pro Tempore.
Initial appointments must be made by October 1, 2005, at which time the Governor shall call the first meeting. Appointments made by the Superintendent of Education, and the Governor are to ensure that the demographics and diversity of this State are represented.
(B) The council shall:
(1) advise the Department of Education on the implementation of this chapter;
(2) review accountability and performance measures for implementation of this chapter;
(3) designate and oversee the coordination and establishment of the regional centers established pursuant to Section 59-59-180.
(4) report annually by December first to the Governor, the General Assembly, the State Board of Education, and other appropriate governing boards on the progress, results, and compliance with the provisions of this chapter and its ability to provide a better prepared workforce and student success in postsecondary education;
(5) make recommendations to the Department of Education for the development and implementation of a communication and marketing plan to promote statewide awareness of the provisions of this chapter; and
(6) provide input to the State Board of Education and other appropriate governing boards for the promulgation of regulations to carry out the provisions of this chapter including, but not limited to, enforcement procedures, which may include monitoring and auditing functions, and addressing consequences for noncompliance.
Section 59-59-180. (A) Before July 1, 2006, the Education and Economic Development Council shall designate regional education centers to coordinate and facilitate the delivery of information, resources, and services to students, educators, employers, and the community.
(B) The primary responsibilities of these centers are to:
(1) provide services to students and adults for career planning, employment seeking, training, and other support functions;
(2) provide information, resources, and professional development programs to educators;
(3) provide resources to school districts for compliance and accountability pursuant to the provisions of this chapter;
(4) provide information and resources to employers including, but not limited to, education partnerships, career-oriented learning, and training services;
(5) facilitate local connections among businesses and those involved in education; and
(6) work with school districts and institutions of higher education to create and coordinate workforce education programs.
(C)(1) By the 2006-07 school year, each regional education center shall have career development facilitators who shall coordinate career-oriented learning, career development, and postsecondary transitions for the schools in their respective regions.
(2) A career development facilitator must be certified and recognized by the National Career Development Association.
(D) The Education and Economic Development Coordinating Council, in consultation with the Department of Education, shall provide oversight to the regional centers, and the centers shall provide data and reports that the council may request.
(E)(1) The regional centers are to assume the geographic configuration of the Local Workforce Investment Areas (LWIA) of the South Carolina Workforce Investment Act. Each regional center shall have an advisory board comprised of a school district superintendent, high school principal, local workforce investment board chairperson, technical college president, four-year college or university representative, career center director or school district career and technology education coordinator, parent-teacher organization representative, and business and civic leaders. Appointees must reside or do business in the geographic area of the center. Appropriate local legislative delegations shall make the appointments to the regional center boards.
(2) The regional centers shall include, but not be limited to, the one-stop shops, workforce investment boards, tech prep consortia, and regional instructional technology centers.
Section 59-59-190. (A) The South Carolina Employment Security Commission, in collaboration with the State Board for Technical and Comprehensive Education and the Commission on Higher Education, shall assist the Department of Education, in planning and promoting the career information and employment options and preparation programs provided for in this chapter and in the establishment of the regional education centers by:
(1) identifying potential employers to participate in the career-oriented learning programs;
(2) serving as a contact point for employees seeking career information and training;
(3) providing labor market information including, but not limited to, supply and demand;
(4) promoting increased career awareness and career counseling through the management and promotion of the South Carolina Occupational Information System;
(5) collaborating with local agencies and businesses to stimulate funds; and
(6) cooperating in the creation and coordination of workforce education programs.
(B) The South Carolina Employment Security Commission shall assist in providing a link between employers in South Carolina and youth seeking employment.
Section 59-59-200. Beginning with the 2006-07 academic year, colleges of education shall include in their training of teachers, guidance counselors, and administrators the following: career guidance, the use of the cluster of study curriculum framework and individual graduation plans, learning styles, the elements of the Career Guidance Model of the South Carolina Comprehensive Guidance and Counseling Program Model, contextual teaching, cooperative learning, and character education. The State Board of Education shall develop performance-based standards in these areas and include them as criteria for teacher program approval. By the 2009-10 school year, the teacher evaluation system established in Chapter 26, Title 59, and the principal's evaluation system established in Section 59-24-40 must include a review of performance in career exploration and guidance. The department also shall develop programs to train educators in contextual teaching.
Section 59-59-210. (A) By September 2005, the Commission on Higher Education shall convene the Advisory Committee on Academic Programs to address articulation agreements between school districts and public institutions of higher education in South Carolina to provide seamless pathways for adequately prepared students to move from high school directly into institutions of higher education. The committee shall review, revise, and recommend secondary to postsecondary articulation agreements and promote the development of measures to certify equivalency in content and rigor for all courses included in articulation agreements. The advisory committee shall include representatives from the research institutions, four-year comprehensive teaching institutions, two-year regional campuses, and technical colleges. The committee, for purposes pursuant to this chapter, shall include representation from the State Department of Education, and school district administrators, to include curriculum coordinators and guidance personnel.
(B) By July 2006, the Advisory Committee on Academic Programs shall make recommendations to the Commission on Higher Education regarding coursework that is acceptable statewide for dual enrollment to be accepted in transfer within a related course of study. Dual enrollment college courses offered to high school students by two-year and four-year colleges and universities must be equivalent in content and rigor to the equivalent college courses offered to college students and taught by appropriately credentialed faculty. Related policies and procedures established by the Commission on Higher Education for dual enrollment and guidelines for offering dual enrollment coursework and articulation to two-year and four-year colleges and universities for awarding of credit must be followed.
(C) The advisory committee, in collaboration with the Department of Education, shall coordinate work to study the content and rigor of high school courses in order to provide a seamless pathway to postsecondary education.
(D) The Commission on Higher Education shall report annually to the Education and Economic Development Coordinating Council regarding the committee's progress.
Section 59-59-220. With the implementation of the clusters of study system, appropriate resources and instructional materials, aligned with the state's content standards, must be developed or adopted by the State Department of Education and made available to districts.
Section 59-59-230. The State Board of Education, with input from the Education and Economic Development Council, shall promulgate regulations necessary to carry out the provisions of this chapter.
Section 59-59-240. The requirements of this chapter do not apply to private schools or to home schools.
Section 59-59-250. Each phase of implementation of this chapter is contingent upon the appropriation of adequate funding as documented by the fiscal impact statement provided by the Office of State Budget of the State Budget and Control Board. There is no mandatory financial obligation to school districts if state funding is not appropriated for each phase of implementation as provided for in the fiscal impact statement of the Office of the State Budget of the State Budget and Control Board.
SECTION 2. Section 59-17-135(B) of the 1976 Code is amended to read:
"(B) Each local school board of trustees of the State must develop a policy addressing character education. Any character education program implemented by a district as a result of an adopted policy must, to the extent possible, incorporate character traits including, but not limited to, the following: respect for authority and respect for others, honesty, self-control, cleanliness, courtesy, good manners, cooperation, citizenship, patriotism, courage, fairness, kindness, self-respect, compassion, diligence, good work ethics, sound educational habits, generosity, punctuality, cheerfulness, patience, sportsmanship, loyalty, and virtue. Local school boards must include all sectors of the community, as referenced in subsection (A)(4), in the development of a policy and in the development of any program implemented as a result of the policy. As part of any policy and program developed by the local school board, an evaluation component must be included."
SECTION 3. Section 59-18-900(D) of the 1976 Code is amended to read:
"(D) The report card must include a comprehensive set of performance indicators with information on comparisons, trends, needs, and performance over time which is helpful to parents and the public in evaluating the school. Special efforts are to be made to ensure that the information contained in the report cards is provided in an easily understood manner and a reader friendly format. This information should also provide a context for the performance of the school. Where appropriate, the data should yield disaggregated results to schools and districts in planning for improvement. The report card should include information in such areas as programs and curriculum, school leadership, community and parent support, faculty qualifications, evaluations of the school by parents, teachers, and students. In addition, the report card must contain other criteria including, but not limited to, information on promotion and retention ratios, disciplinary climate, dropout ratios, dropout reduction data, student and teacher ratios, and attendance data."
SECTION 4. Act 450 of 1994 and Section 59-52-95 of the 1976 Code are repealed.
SECTION 5. This act takes effect upon approval by the Governor. /
Amend title to conform.
The Hon. Robert W. Hayes, Jr. The Hon. Michael A. Anthony The Hon. Luke A. Rankin, Sr. The Hon. Ronald P. Townsend The Hon. Linda H. Short The Hon. Robert E. Walker On Part of the Senate. On Part of the House.
Rep. WALKER explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1:
S. 97 (Word version) -- Senators Land, Elliott and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-7-25 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; 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.
Reps. FUNDERBURK and HERBKERSMAN proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\ 11810AC05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 7, Title 31 of the 1976 Code is amended by adding:
"Section 31-7-25. The General Assembly further finds that:
Vast expanses of land located at considerable distances from municipalities and urban and suburban development in counties, while having served the people of this State and its economy when originally developed and maintained over the generations as agricultural property, contributing food, fiber, timber, and pulpwood, now, in an evolving economy and amidst a much smaller, yet vastly more efficient agricultural economy, is in need of redevelopment to provide multiple uses utilizing the redevelopment tools provided in this chapter, with suitable modifications to provide for the particular requirements to redevelop areas formerly developed only for agricultural use.
Section 31-7-130. Nothing in this chapter relieves any government-owned telecommunications service provider from any of the provisions of Sections 58-9-2600 through 58-9-2650."
SECTION 2. Section 31-7-20(A)(3) of the 1976 Code, as added by Act 109 of 1999, is amended to read:
"(3) There exist in many counties of this State blighted, conservation, and sprawl areas; the sprawl and conservation areas are rapidly deteriorating and declining and may soon become blighted areas if their decline is not checked; the stable economic and physical development of the blighted areas, conservation areas, and sprawl areas are endangered by the presence of blighting factors as manifested by progressive and advanced deterioration of structures, by the overuse of housing and other facilities, by a lack of physical maintenance of existing structures, by obsolete and inadequate community facilities, and a lack of sound community planning, by obsolete platting, diversity of ownership, excessive tax, and special assessment delinquencies, or by a combination of these and other factors; that as a result of the existence of blighted areas, areas requiring conservation, and sprawl areas, there is an excessive and disproportionate expenditure of public funds, inadequate public and private investment, unmarketability of property, growth in delinquencies and crime, and substandard housing conditions and zoning law violations in such areas together with an abnormal exodus of families and businesses so that the decline of these areas impairs the value of private investments and threatens the sound growth and the tax base of taxing districts in such areas, and threatens the health, safety, morals, and welfare of the public."
SECTION 3. Section 31-7-30 of the 1976 Code, as added by Act 109 of 1999, is amended to read:
"Section 31-7-30. Unless the context clearly indicates otherwise:
(1) 'Blighted area' means any improved or vacant area within the boundaries of a redevelopment project area located within the territorial limits of a county where:
(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."
(3) 'Sprawl area' means a vacant or improved area within the boundaries of a redevelopment project area located within the territorial limits of the unincorporated area of a county that is not yet a blighted area nor a conservation area but, because of the existence of one or more of the following conditions, has the potential to become blighted or in need of conservation:
(a) The sprawl area is an unincorporated urban zone, UUZ, which is an area within the unincorporated portion of the county issuing the finding and has a population density equal to or greater than the average population density of the incorporated municipalities within the territorial limits of the county issuing the finding.
(b) The sprawl area is a linear service zone, LSZ, which is an area within the unincorporated portion of the county issuing the finding which is or is likely to become an area no more than two miles wide at its widest point and no less than three miles in length and which, due to development within the zone, represents an impediment to vehicular and pedestrian traffic so that the county finds its existence a detriment to the:
(i) economic health and well-being of the county;
(ii) health or safety of the persons living, working, or traveling through the zone; or
(iii) efficient provision of governmental services both within and without the zone.
(c) The sprawl area is a rural redevelopment zone, RRZ, which is an area within the unincorporated portion of the county issuing the finding which consists primarily of vacant land which, if provided with certain environmental, energy, transportation, or communications infrastructure, could be developed as a planned community consisting of a minimum of one thousand contiguous acres of land, inclusive of flooded land or other forms of redevelopment, without regard to minimum acreage requirements, suitable for planned communities, other residential clusters, light industry, tourism and recreation facilities, retail centers, and locations suitable for manufacturing facilities.
(4) 'Municipality' means an incorporated municipality of this State.
(5) 'Obligations' means bonds, notes, or other evidence of indebtedness issued by the county to carry out a redevelopment project or to refund outstanding obligations.
(6) 'Redevelopment plan' means the comprehensive program of the county for redevelopment intended by the payment of redevelopment costs to reduce or eliminate those conditions which qualified the redevelopment project area as a blighted area, conservation area, or sprawl area, or combination of two or three of them, and to enhance the tax bases of the taxing districts which extend into the project redevelopment area. Each redevelopment plan shall set forth in writing the program to be undertaken to accomplish the objectives and shall include, but not be limited to, estimated redevelopment project costs including long-term project maintenance, as applicable, the anticipated sources of funds to pay costs, the nature and term of any obligations to be issued, the most recent equalized assessed valuation of the project area, an estimate as to the equalized assessed valuation after redevelopment, and the general land uses to apply in the redevelopment project area. A redevelopment plan established by Chapter 10 of Title 31 is deemed a redevelopment plan for purposes of this paragraph.
(7) 'Redevelopment project' means any buildings, improvements, including street, road, and highway improvements, water, sewer and storm drainage facilities, parking facilities, and recreational tourism and recreation-related facilities, energy production or transmission infrastructure, communications technology, and public transportation infrastructure including, but not limited to, rail and airport facilities. Any project or undertaking authorized under Section 6-21-50 may also qualify as a redevelopment project under this chapter. All such projects are to be publicly owned.
(8) 'Redevelopment project area' means an area designated by the county, which is not less in the aggregate than one and one-half acres and in respect to which the county has made a finding that there exist conditions that cause the area to be classified as a blighted area, a conservation area, or a sprawl area, or a combination of two or three of them. The total aggregate amount of all redevelopment project areas of any one county may not exceed five percent of the total acreage of the county but this limit does not apply with respect to these parts of a redevelopment project area comprised of a conservation area or an RRZ sprawl area.
(9) 'Redevelopment project costs' means and includes the sum total of all reasonable or necessary costs incurred or estimated to be incurred and any costs incidental to a redevelopment project. The costs include, without limitation:
(a) costs of studies and surveys, plans, and specifications; professional service costs including, but not limited to, architectural, engineering, legal, marketing, financial, planning, or special services;
(b) property assembly costs including, but not limited to, acquisition of land and other property, real or personal, or rights or interest therein, demolition of buildings, and the clearing and grading of land;
(c) costs of rehabilitation, reconstruction, repair, or remodeling of a redevelopment project;
(d) costs of the construction and long-term maintenance of a redevelopment project;
(e) financing costs including, but not limited to, all necessary and incidental expenses related to the issuance of obligations and which may include payment of interest on any obligations issued under the provisions of this chapter accruing during the estimated period of construction of any redevelopment project for which the obligations are issued and including reasonable reserves related thereto;
(f) relocation costs, including relocation or removal costs of federal, state, or local government facilities or activities, to the extent that a county determines that relocation costs must be paid or required by federal or state law.
(10) 'Taxing districts' means counties, incorporated municipalities, schools, special purpose districts, and public and any other municipal corporations or districts with the power to levy taxes. Taxing districts include school districts which have taxes levied on their behalf.
(11) 'Vacant land' means any parcel or combination of parcels of real property without industrial, commercial, and residential buildings.
(12) 'County' means any county in the State."
SECTION 4. Section 31-7-80(A)(7)(a) of the 1976 Code, as added by Act 109 of 1999, is amended to read:
"(a) the redevelopment project area is a blighted, conservation, or sprawl area and that private initiatives alone are unlikely to alleviate these conditions without substantial public assistance,"
SECTION 5. Section 31-7-120 of the 1976 Code, as added by Act 109 of 1999, is amended to read:
"Section 31-7-120. Counties and municipalities through intergovernmental agreements may jointly adopt redevelopment plans and authorize obligations as provided under the provisions of this chapter and Chapter 6 of this title. Counties by intergovernmental agreement incorporated into individual county ordinances, may establish a multi-county or regional authority for both the establishing of a redevelopment plan and redevelopment projects if the documented economic impacts of projects extend beyond the boundaries of a single county. All actions to develop such plans and projects must be taken by the governing bodies of the respective counties participating in the grouping or authority pursuant to the contractual terms of the intergovernmental agreements establishing such groupings or authority."
SECTION 6. 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 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.
SECTION 7. A. Section 5-37-40(A)(5) of the 1976 Code is amended to read:
"(5) it would be fair and equitable to finance all or part of the cost of the improvements by an assessment upon the real property within the district, the governing body may establish the area as an improvement district and implement and finance, in whole or in part, an improvement plan in the district in accordance with the provisions of this chapter. However, owner-occupied residential property which is taxed or will be taxed under Section 12-43-220(c) must not be included within an improvement district unless the owner at the time the improvement district is created gives the governing body written permission to include the property within the improvement district.
B. Section 5-37-40(B) of the 1976 Code is amended to read:
(B) If an improvement district is located in a redevelopment project area created under Title 31, Chapter 6, the improvement district being created under the provisions of this chapter must be considered to satisfy items (1) through (5) of subsection (A). The ordinance creating an improvement district may be adopted by a majority of council after a public hearing at which the plan is presented, including the proposed basis and amount of assessment, or upon written petition signed by a majority in number of the owners of real property within the district which is not exempt from ad valorem taxation as provided by law. However, owner-occupied residential property which is taxed or will be taxed under Section 12-43-220(c) must not be included within an improvement district unless the owner at the time the improvement district is created gives the governing body written permission to include the property within the improvement district."
SECTION 8. Section 5-37-50 of the 1976 Code is amended to read:
"Section 5-37-50. The governing body shall, by resolution duly adopted, describe the improvement district and the improvement plan to be effected therein, including any property within the improvement district to be acquired and improved, the projected time schedule for the accomplishment of the improvement plan, the estimated cost thereof and the amount of such cost to be derived from assessments, bonds, or other general funds, together with the proposed basis and rates of any assessments to be imposed within the improvement district. However, owner-occupied residential property which is taxed or will be taxed under Section 12-43-220(c) must not be included within an improvement district unless the owner at the time the improvement district is created gives the governing body written permission to include the property within the improvement district. Such resolution shall also establish the time and place of a public hearing to be held within the municipality not sooner than twenty days nor more than forty days following the adoption of such resolution at which any interested person may attend and be heard either in person or by attorney on any matter in connection therewith."
SECTION 9. A. Section 31-6-20(A) of the 1976 Code is amended by adding a new item after item 4 to read:
"(4.5) There exists in or contiguous to many municipalities in the State large tracts of land which served the people of this State and its economy when originally developed and maintained over the generations as agricultural property, contributing food, fiber, timber, and pulpwood, and which now, in an evolving economy and amidst a much smaller, yet vastly more efficient agricultural economy, are in need of redevelopment to provide multiple uses utilizing the redevelopment tools provided in this chapter.
B. Items (3) and (5) of Section 31-6-20(A) of the 1976 Code are amended to read:
(3) There exist in many municipalities of this State blighted and conservation areas; the conservation areas are rapidly deteriorating and declining and may soon become blighted areas if their decline is not checked; the stable economic and physical development of the blighted areas and conservation areas is endangered by the presence of blighting factors as manifested by progressive and advanced deterioration of structures, by the overuse of housing and other facilities, by a lack of physical maintenance of existing structures, by obsolete and inadequate community facilities, and a lack of sound community planning, by obsolete platting, diversity of ownership, excessive tax and special assessment delinquencies, or by a combination of these factors; that as a result of the existence of blighted areas and areas requiring conservation, there is an excessive and disproportionate expenditure of public funds, inadequate public and private investment, unmarketability of property, growth in delinquencies and crime, and substandard housing conditions and zoning law violations in such areas together with an abnormal exodus of families and businesses so that the decline of these areas impairs the value of private investments and threatens the sound growth and the tax base of taxing districts in such areas, and threatens the health, safety, morals, and welfare of the public.
(5) The use of incremental tax revenues derived from the tax rates of various taxing districts in redevelopment project areas for the payment of redevelopment project costs is of benefit to the taxing districts because taxing districts located in redevelopment project areas would not derive the benefits of an increased assessment base without the benefits of tax increment financing, all surplus tax revenues are turned over to the taxing districts in redevelopment project areas, and all taxing districts benefit from the removal of blighted conditions, and the eradication of conditions requiring conservation measures., and the redevelopment of agricultural areas."
SECTION 10. Section 31-6-30 of the 1976 Code, as last amended by Act 207 of 2002, is further amended to read:
"Section 31-6-30. (1) 'Blighted area' means any improved or vacant area within the boundaries of a redevelopment project area located within the territorial limits of the municipality where,:
(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; lack of necessary transportation infrastructure; presence of or potential environmental hazards; lack of water or wastewater services; inadequate electric, natural gas or other energy services; lack of modern communications infrastructure; lack of ventilation, light, sanitary or storm drainage facilities; inadequate utilities; excessive land coverage; deleterious land use or layout; depreciation of physical maintenance; lack of community planning,; and static or declining land values are detrimental to the public safety, health, morals, or welfare or,;
(b) if vacant, the sound growth is impaired by:
(i) a combination of two or more of the following factors: obsolete platting of the vacant land; diversity of ownership of such land; tax and special assessment delinquencies on such land; deterioration of structures or site improvements in neighboring areas adjacent to the vacant land; overcrowding of structures and community facilities in neighboring areas adjacent to the vacant land; lack of necessary transportation infrastructure; presence of or potential environmental hazard; lack of water, or wastewater; lack of storm drainage facilities; inadequate electric and natural gas energy services; and lack of modern communications infrastructure; or
(ii) the area immediately prior to becoming vacant qualified as a blighted area. Any area within a redevelopment plan established by Chapter 10 of Title 31 is deemed to be a blighted area.
(1.5) 'Agricultural area' means any unimproved or vacant area formerly developed and used primarily for agricultural purposes within the boundaries of a redevelopment project area located within the territorial limits of the municipality where redevelopment and sound growth is impaired by a combination of three or more of the following factors: obsolete platting of the land; diversity of ownership of the land; tax and special assessment delinquencies on the land; deterioration of structures or site improvements in neighboring areas adjacent to the land; overcrowding of structures and community facilities in neighboring areas adjacent to the land; lack of necessary transportation infrastructure; presence of or potential environmental hazards; lack of water or wastewater; lack of storm drainage facilities; inadequate electric, natural gas or other energy services; lack of modern communications infrastructure; lack of community planning; agricultural foreclosures; and static or declining land values.
(2) 'Conservation area' means any improved area within the boundaries of a redevelopment project area located within the territorial limits of the municipality 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; lack of ventilation, light, or sanitary facilities; inadequate utilities; excessive land coverage; depreciation of physical maintenance; or lack of community planning, is detrimental to the public safety, health, morals, or welfare and may become a blighted area. 'Conservation area' means any improved area or vacant within the boundaries of a redevelopment project area located within the territorial limits of the municipality that is not yet a blighted area where:
(a) if improved, because of a combination of three 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; lack of necessary transportation infrastructure; presence of or potential environmental hazards; lack of water or wastewater services; inadequate electric, natural gas or other energy services; lack of modern communications infrastructure; lack of ventilation, light, sanitary or storm drainage facilities; inadequate utilities; excessive land coverage; deleterious land use or layout; depreciation of physical maintenance; lack of community planning; and static or declining land values are detrimental to the public safety, health, morals, or welfare or;
(b) if vacant, the sound growth is impaired by a combination of two or more of the following factors: obsolete platting of the vacant land; diversity of ownership of the land; tax and special assessment delinquencies on the land; deterioration of structures or site improvements in neighboring areas adjacent to the vacant land; overcrowding of structures and community facilities in neighboring areas adjacent to the vacant land; lack of necessary transportation infrastructure; presence of or potential environmental hazard; lack of water, or wastewater; lack of storm drainage facilities; inadequate electric and natural gas energy services; and lack of modern communications infrastructure; is detrimental to the public safety, health, morals, or welfare and may become a blighted area.
(3) 'Municipality' means an incorporated municipality of this State.
(4) 'Obligations' means bonds, notes, or other evidence of indebtedness issued by the municipality to carry out a redevelopment project or to refund outstanding obligations.
(5) 'Redevelopment plan' means the comprehensive program of the municipality for redevelopment intended by the payment of redevelopment costs to reduce or eliminate those conditions which qualified the redevelopment project area as a an agricultural area, blighted area, or conservation area or combination thereof, and thereby to enhance the tax bases of the taxing districts which extend into the project redevelopment area. Each redevelopment plan shall set forth in writing the program to be undertaken to accomplish the objectives and shall include, but not be limited to, estimated redevelopment project costs including long-term project maintenance, as applicable, the anticipated sources of funds to pay costs, the nature and term of any obligations to be issued, the most recent equalized assessed valuation of the project area, an estimate as to the equalized assessed valuation after redevelopment, and the general land uses to apply in the redevelopment project area. A redevelopment plan established by Chapter 10 of Title 31 is deemed a redevelopment plan for purposes of this paragraph.
(6) 'Redevelopment project' means any buildings, improvements, including street, road, and highway improvements, water, sewer and storm drainage facilities, parking facilities, and recreational tourism and recreation-related facilities, energy production or transmission infrastructure, communications technology, and public transportation infrastructure including, but not limited to, rail and airport facilities. Any project or undertaking authorized under Section 6-21-50 may also qualify as a redevelopment project under this chapter. All such projects are to be publicly owned. A redevelopment may be located outside of the redevelopment area provided the municipality makes specific findings of benefit to the redevelopment project area and the project area is located within the municipal limits.
(7) 'Redevelopment project area' means an area within the incorporated area of and designated by the municipality, which is not less in the aggregate than one and one-half acres and in respect to which the municipality has made a finding that there exist conditions that cause the area to be classified as an agricultural area, a blighted area or a conservation area, or a combination of both blighted areas and conservation areas thereof. The total aggregate amount of all redevelopment project areas within any one municipality may not exceed five percent of the total acreage of the municipality.
(8) 'Redevelopment project costs' means and includes the sum total of all reasonable or necessary costs incurred or estimated to be incurred and any costs incidental to a redevelopment project. The costs include, without limitation:
(a) costs of studies and surveys, plans, and specifications; professional service costs including, but not limited to, architectural, engineering, legal, marketing, financial, planning, or special services.
(b) property assembly costs including, but not limited to, acquisition of land and other property, real or personal, or rights or interest therein, demolition of buildings, and the clearing and grading of land.
(c) costs of rehabilitation, reconstruction, repair, or remodeling of a redevelopment project.
(d) costs of the construction and long-term maintenance of a redevelopment project.
(e) financing costs including, but not limited to, all necessary and incidental expenses related to the issuance of obligations and which may include payment of interest on any obligations issued under the provisions of this chapter accruing during the estimated period of construction of any redevelopment project for which the obligations are issued and including reasonable reserves related thereto.
(f) relocation costs, including relocation or removal costs of federal, state, or local government facilities or activities, to the extent that a municipality determines that relocation costs must be paid or required by federal or state law.
(9) 'Taxing districts' means counties, incorporated municipalities, schools, special purpose districts, and public and any other municipal corporations or districts with the power to levy taxes. Taxing districts include school districts which have taxes levied on their behalf.
(10) 'Vacant land' means any parcel or combination of parcels of real property without industrial, commercial, and residential buildings."
SECTION 11. Item (g) of the first undesignated paragraph of Section 31-6-80 of the 1976 Code is amended to read:
"(g) findings that:
(i) the redevelopment project area is a an agricultural, blighted or conservation area and that private initiatives are unlikely to alleviate these conditions without substantial public assistance,;
(ii) property values in the area would remain static or decline without public intervention,; and
(iii) redevelopment is in the interest of the health, safety, and general welfare of the citizens of the municipality.
Before approving any redevelopment plan under this chapter, the governing body of the municipality must hold a public hearing on the redevelopment plan after published notice in a newspaper of general circulation in the county in which the municipality and any taxing district affected by the redevelopment plan is located not less than fifteen days and not more than thirty days prior to the hearing. The notice shall include:
(1) the time and place of the public hearing;
(2) the boundaries of the proposed redevelopment project area;
(3) a notification that all interested persons will be given an opportunity to be heard at the public hearing;
(4) a description of the redevelopment plan and redevelopment project; and
(5) the maximum estimated term of obligations to be issued under the redevelopment plan."
SECTION 12. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. HERBKERSMAN spoke in favor of the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. HERBKERSMAN asked unanimous consent that S. 97 (Word version) be read a third time tomorrow.
Rep. CLEMMONS objected.
Rep. COOPER moved to adjourn debate upon the following Bill, which was adopted:
S. 589 (Word version) -- Senators McConnell, Drummond, Rankin, Land, McGill, Thomas, Moore, Fair, Ryberg, Setzler, Peeler, Reese and Verdin: A BILL TO AMEND ARTICLE 3, CHAPTER 43, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY EQUALIZATION AND REASSESSMENT, BY ADDING SECTION 12-43-365, SO AS TO PROVIDE THAT THE VALUE OF TANGIBLE AND INTANGIBLE PERSONAL PROPERTY AND ANY INCOME DERIVED THEREFROM, WHETHER DIRECTLY OR INDIRECTLY, SHALL NOT BE INCLUDED IN THE DETERMINATION OF FAIR MARKET VALUE OF GOLF COURSE REAL PROPERTY FOR AD VALOREM TAX PURPOSES.
The following Bill was taken up:
H. 3703 (Word version) -- Reps. Vaughn, Loftis, Haskins, Davenport, Altman, Bailey, Bales, R. Brown, Cato, Ceips, Cooper, Herbkersman, Littlejohn, Rhoad, Rice, Walker and Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-275, SO AS TO REPLACE CALCULATION AND IMPOSITION OF A ROLLBACK PROPERTY TAX MILLAGE RATE FOR REASSESSMENT YEARS WITH A REASSESSMENT YEAR MILLAGE RATE CALCULATED TO PRODUCE NO MORE THAN ONE PERCENT ADDITIONAL PROPERTY TAX REVENUE THAN SUCH REVENUE IN THE PRECEDING YEAR; TO AMEND SECTION 6-1-320, AS AMENDED, RELATING TO MILLAGE RATE LIMITATIONS ON LOCAL GOVERNING BODIES, SO AS TO DELETE AUTHORIZATION FOR MILLAGE RATE INCREASES EQUAL TO INCREASES IN THE CONSUMER PRICE INDEX WITHOUT A POSITIVE MAJORITY VOTE OF THE GOVERNING BODY; AND TO AMEND SECTION 12-37-251, AS AMENDED, RELATING TO THE RESIDENTIAL PROPERTY TAX EXEMPTION FROM SCHOOL OPERATING MILLAGE AND CALCULATION OF THE ROLLBACK TAX SO AS TO DELETE THE ROLLBACK TAX PROVISIONS MADE OBSOLETE BY THE PROVISIONS OF THIS ACT.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22173HTC05), which was tabled:
Amend the bill, as and if amended, by striking Section 12-43-275, as contained in Section 1, beginning on page 1, and inserting:
/ Section 12-43-275. For the property tax year of implementation of a countywide assessment and equalization program conducted pursuant to Section 12-43-217, the property tax millage for operating purposes of all property taxing entities in the county must be adjusted to a rate estimated to produce no more operating revenues than the total of such revenues received by the entity in the preceding property tax year, increased by estimated property tax operating revenue attributable to property and improvements not previously taxed, for new construction, and for renovations to existing structures, plus an additional amount equal to one percent of the sum of these two amounts. /
Renumber sections to conform.
Amend title to conform.
Rep. VAUGHN explained the amendment.
Rep. VAUGHN moved to table the amendment, which was agreed to.
Rep. VAUGHN proposed the following Amendment No. 3 (Doc Name COUNCIL\GGS\22209HTC05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 6-1-320(A) of the 1976 Code is amended to read:
"(A) Notwithstanding Section 12-37-251(E), a local governing body may increase the millage rate imposed for general operating purposes above the rate imposed for such purposes for the preceding tax year only to the extent of the increase in the consumer price index for the preceding calendar year. However, in the year in which a reassessment program is implemented, the rollback millage, as calculated pursuant to Section 12-37-251(E), must be used in lieu of the previous year's millage rate. For every property tax year, including a year of implementation of a countywide assessment and equalization program conducted pursuant to Section 12-43-217, the property tax millage for operating purposes of all property taxing entities in the county must be adjusted to a rate estimated to produce no more operating revenues than the total of such revenues received by the entity in the preceding property tax year, increased by the greater of:
(1) estimated property tax operating revenue attributable to property and improvements not previously taxed, for new construction, and for renovations to existing structures; or
(2) a percentage equal to any increase in the consumer price index over the same period."
SECTION 2. Section 12-37-251(E) of the 1976 Code is amended to read:
"(E) Rollback millage is calculated by dividing the prior year property tax revenues by the adjusted total assessed value applicable in the year the values derived from a countywide equalization and reassessment program are implemented. This amount of assessed value must be adjusted by deducting assessments added for property or improvements not previously taxed, for new construction, and for renovation of existing structures. Reserved"
SECTION 3. This act takes effect January 1, 2006./
Renumber sections to conform.
Amend title to conform.
Rep. VAUGHN explained the amendment.
Rep. VAUGHN continued speaking.
Reps. SKELTON and PERRY requested debate on the Bill.
Rep. VAUGHN continued speaking.
The amendment was then adopted.
Reps. LUCAS, HIOTT, VAUGHN, OWENS, HARRELL, MOODY-LAWRENCE, G. R. SMITH, HAMILTON, LITTLEJOHN, J. E. SMITH, HOSEY, EMORY, HERBKERSMAN, PINSON, MILLER, ANDERSON, WHIPPER and JEFFERSON requested debate on the Bill.
Rep. DAVENPORT moved to adjourn debate upon the following Bill until Tuesday, May 24, which was adopted:
S. 305 (Word version) -- Senators Peeler, J. V. Smith, Short, Alexander, Hayes, Moore, Lourie and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA MEDICAID MODERNIZATION ACT" INCLUDING PROVISIONS TO ADD ARTICLE 8, CHAPTER 6, TITLE 44 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL IMPLEMENT EFFECTIVE AND EFFICIENT MEDICAID CARE MANAGEMENT, INCLUDING ADMINISTERING CARE MANAGEMENT PROGRAMS FOR ROUTINE CARE AND IMPLEMENTING CARE MANAGEMENT PROGRAMS FOR CHRONIC DISEASE CARE; TO PROVIDE FOR EFFECTIVE MEDICAID PHARMACY BENEFIT MANAGEMENT, INCLUDING THE ESTABLISHMENT OF THE PHARMACY AND THERAPEUTICS COMMITTEE, WHICH SHALL RECOMMEND CLASSES OF DRUGS THAT SHOULD BE INCLUDED ON A PREFERRED DRUG LIST AND CRITERIA FOR IMPLEMENTATION OF A PREFERRED DRUG LIST PROGRAM; TO PROVIDE FOR EFFECTIVE MEDICAID STATE AGENCY SERVICE MANAGEMENT, INCLUDING PERIODIC MEETINGS OF DIRECTORS OF ALL STATE AGENCIES RECEIVING MEDICAID FUNDS FOR THE PURPOSE OF CONTROLLING THE GROWTH OF MEDICAID AND IMPROVING THE STATE MEDICAID PROGRAM AND TO REQUIRE THE DEPARTMENT TO REPORT TO THE GENERAL ASSEMBLY ON MEDICAID EXPENDITURES AND TO CONDUCT PERIODIC AUDITS AND REVIEWS OF STATE AGENCIES RECEIVING MEDICAID FUNDS; TO ADD SECTION 44-6-110 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO, AMONG OTHER THINGS, DEVELOP MEDICAID ELIGIBILITY DETERMINATION CRITERIA, TO CENTRALIZE MEDICAID ELIGIBILITY PROCESSING, AND TO CONDUCT AUDITS OF ELIGIBILITY FILES; TO AMEND SECTION 44-6-80, RELATING TO REPORTS TO THE GENERAL ASSEMBLY, SO AS TO FURTHER SPECIFY THE CONTENTS AND REQUIREMENTS FOR THESE REPORTS; TO AMEND ARTICLE 3, CHAPTER 6, TITLE 44, RELATING TO CHILD DEVELOPMENT SERVICES, SO AS TO DELETE THESE PROVISIONS AND TO PROVIDE FOR MEDICAID FRAUD AND ABUSE MANAGEMENT, INCLUDING PROVISIONS REQUIRING AUDITS, SANCTIONS, AND CONTRACTING WITH OTHER ENTITIES TO PREVENT MEDICAID FRAUD, ABUSE, AND WASTE; TO ADD SECTION 38-71-270 SO AS TO REQUIRE HEALTH INSURERS TO SUBMIT NAMES AND OTHER IDENTIFYING INFORMATION TO THE DEPARTMENT OF INSURANCE TO BE PROVIDED TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO USE IN IDENTIFYING MEDICAID RECIPIENTS WHO HAVE OTHER HEALTH INSURANCE COVERAGE; TO ADD SECTION 44-6-112 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO FUND THE NET COSTS OF ANY THIRD PARTY LIABILITY AND DRUG REBATE COLLECTION EFFORTS FROM THE REVENUE COLLECTED IN THOSE EFFORTS; TO AMEND SECTION 43-3-65, RELATING TO COUNTIES PROVIDING OFFICE SPACE TO THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO ALSO REQUIRE COUNTIES TO PROVIDE SPACE FOR THE DEPARTMENT OF HEALTH AND HUMAN SERVICES ELIGIBILITY PROCESSING; AND TO REPEAL JOINT RESOLUTION 370 OF 2002 RELATING TO NURSING HOME BED FRANCHISE FEES.
The following Joint Resolution was taken up:
H. 4070 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE AND INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, SO AS TO DELETE THE RESTRICTIONS LIMITING SUCH INVESTMENTS TO AMERICAN-BASED CORPORATIONS REGISTERED ON AN AMERICAN NATIONAL EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATION SYSTEM.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that the fourth paragraph, Section 16, Article X of the Constitution of this State be amended to read:
"Notwithstanding the provisions of Section 11 of this article, the funds of the various state-operated retirement systems may be invested and reinvested in equity securities of any corporation within the United States that is registered on a national securities exchange as provided in the Securities Exchange Act of 1934 or any successor act or quoted through the National Association of Securities Dealers Automatic Quotations System or similar service. Upon the enactment of the implementing legislation required by this paragraph, there is established the State Retirement Systems Investment Panel. The panel shall consist of five members, one each appointed by the Governor, the State Treasurer, the Comptroller General, and the chairmen of the respective committees of the Senate and House of Representatives having subject matter jurisdiction over appropriations. The appointee of the Governor shall serve as chairman. All persons appointed must possess substantial financial investment experience and no person may be appointed or continue to serve who is an elected or appointed officer or employee of the State or any of its political subdivisions, including school districts. The General Assembly shall implement this paragraph by enacting legislation establishing the panel and providing for the terms, duties, and compensation of its members, and which specifically authorizes the investments allowed by this paragraph, and may provide limitations on investments in equity securities as it considers prudent. The panel established by this paragraph shall not exist until it is established in the implementing legislation required pursuant to this paragraph."
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 16, Article X of the Constitution of this State relating to benefits and funding of public employee pension plans in this State and the equity securities investments allowed for funds of the various state-operated retirement systems be amended so as to delete the restrictions limiting investments in equity securities to those of American-based corporations registered on an American national exchange as provided in the Securities Exchange Act of 1934 or any successor act, or quoted through the National Association of Securities Dealers Automatic Quotations System or similar service?
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'."
Rep. KIRSH explained the Joint Resolution.
Rep. HARRELL spoke in favor of the Joint Resolution.
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 Allen Altman Anderson Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady Branham G. Brown Cato Chalk Chellis Clark Clemmons Cooper Dantzler Davenport Delleney Edge Emory Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrell Haskins Hayes Herbkersman J. Hines M. Hines Hiott Huggins Jefferson Jennings Kirsh Leach Lee Limehouse Littlejohn Loftis Lucas Mahaffey McCraw McGee McLeod Merrill Miller J. M. Neal Neilson Owens Perry Phillips E. H. Pitts M. A. Pitts Rhoad Rice Sandifer Scott Simrill Sinclair Skelton D. C. Smith G. R. Smith J. E. Smith J. R. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Vick Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
R. Brown Hosey Kennedy J. H. Neal Weeks
So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.
On motion of Rep. HARRELL, with unanimous consent, it was ordered that H. 4070 (Word version) be read the third time tomorrow.
The SPEAKER granted Rep. HERBKERSMAN a leave of absence for the remainder of the day.
The following Bill was taken up:
H. 4078 (Word version) -- Reps. Duncan, Taylor, M. A. Pitts, Cotty, Clark, Viers, Rivers, Bowers, Hosey, Anderson, G. Brown, Leach, W. D. Smith, Rhoad, Bailey, Bales, Branham, Breeland, R. Brown, Chellis, Clyburn, Jefferson, Merrill, Neilson, Simrill, Sinclair and Young: A BILL TO AMEND SECTION 59-1-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLOSING OF EDUCATIONAL INSTITUTIONS ON GENERAL ELECTION DAY, SO AS TO PROVIDE THAT UPON A MAJORITY VOTE OF THE BOARD OF TRUSTEES EACH SCHOOL DISTRICT MAY CHOOSE TO CLOSE ON GENERAL ELECTION DAY EACH YEAR.
Rep. M. A. PITTS explained the Bill.
Reps. KENNEDY, J. BROWN and PHILLIPS requested debate on the Bill.
Rep. M. A. PITTS continued speaking.
Reps. WHIPPER, SCOTT, GOVAN, VAUGHN, LOFTIS, M. A. PITTS, SKELTON, DAVENPORT, OWENS, ALLEN, E. H. PITTS, MERRILL and HIOTT requested debate on the Bill.
Rep. SCOTT moved to adjourn debate upon the following Bill until Tuesday, May 24, which was adopted:
H. 3346 (Word version) -- Reps. Scott, Govan, J. Brown, McLeod, Clyburn, J. Hines, Hosey, Miller, M. Hines, Haskins, Phillips, J. H. Neal, Bales, Battle, Breeland, R. Brown, Howard, Jennings, J. E. Smith, Clark, Rutherford and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 45, TITLE 44 TO ENACT THE SOUTH CAROLINA CHILDREN'S HEALTH OBESITY ACT, INCLUDING PROVISIONS TO CREATE THE CHILD HEALTH ADVISORY COMMITTEE; TO PROVIDE FOR ITS MEMBERSHIP, POWERS AND DUTIES, INCLUDING DEVELOPING NUTRITION AND PHYSICAL ACTIVITY STANDARDS AND RECOMMENDATIONS TO BE IMPLEMENTED BY THE DEPARTMENT OF EDUCATION; TO PROVIDE FOR CERTAIN HEALTH AND NUTRITION SPECIALISTS TO BE EMPLOYED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE DEPARTMENT OF EDUCATION, CONTINGENT UPON AVAILABLE FUNDING; TO REQUIRE SCHOOL DISTRICTS TO CONVENE NUTRITION AND PHYSICAL ACTIVITY ADVISORY COMMITTEES; TO REQUIRE STUDENT AND SCHOOL REPORT CARDS TO CONTAIN CERTAIN HEALTH DATA; AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE DEPARTMENT OF EDUCATION TO REPORT TO CERTAIN LEGISLATIVE COMMITTEES ON THE IMPLEMENTATION OF THIS ACT.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3407 (Word version) -- Reps. J. M. Neal, Govan, McCraw, Phillips, Altman, Bales, Branham, Emory, Harrell, Huggins, Limehouse, Rhoad, Scarborough, G. R. Smith and Neilson: A BILL TO AMEND SECTION 59-111-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TUITION FOR CHILDREN OF FIREMEN, LAW ENFORCEMENT OFFICERS, AND GOVERNMENT EMPLOYEES DISABLED OR KILLED IN THE LINE OF DUTY, SO AS TO INCLUDE SPOUSES IN THE PERSONS ELIGIBLE FOR THE TUITION EXEMPTION AND TO INCLUDE SUMMER SEMESTERS IN THE FOUR YEARS THE PERSONS MAY RECEIVE THE TUITION EXEMPTION; TO AMEND SECTION 59-111-160, RELATING TO THE DEFINITION OF "TOTAL DISABILITY", SO AS TO INCLUDE SPOUSES IN THE APPLICATION OF THIS ARTICLE.
Rep. NEILSON explained the Bill.
S. 362 (Word version) -- Senators J. V. Smith and McGill: A BILL TO AMEND CHAPTER 50, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES, SO AS TO PROVIDE STANDARDS THE FACULTY OF THE SCHOOL MUST MEET TO TEACH AT THE SCHOOL, TO PROVIDE FOR THE COMPOSITION OF THE BOARD OF DIRECTORS OF THE SCHOOL, TO PROVIDE THAT OUT-OF-STATE OR INTERNATIONAL EXCHANGE STUDENTS SHALL PAY TUITION AS DETERMINED BY THE SCHOOL, TO CHANGE THE CHIEF EXECUTIVE OFFICER FROM THE EXECUTIVE DIRECTOR TO THE PRESIDENT, AND TO PROVIDE THAT THE BOARD OF DIRECTORS SHALL ADOPT POLICIES AND PROMULGATE REGULATIONS NECESSARY FOR THE OPERATION AND MANAGEMENT OF THE SCHOOL.
H. 4096 (Word version) -- Reps. Clemmons, Barfield, Edge, Hardwick, Hayes, Viers and Witherspoon: A BILL TO AMEND SECTION 7-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN HORRY COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF HORRY COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC REFERENCES.
S. 85 (Word version) -- Senators McConnell, Moore, Elliott, Alexander, Fair, Richardson, Ford and Campsen: A BILL TO AMEND SECTION 20-7-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CENTRAL REGISTRY FOR CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT A COURT MUST ORDER A PERSON'S NAME TO BE ENTERED IN THE CENTRAL REGISTRY IF THERE IS A FINDING BY A PREPONDERANCE OF EVIDENCE THAT THE PERSON ABUSED OR NEGLECTED A CHILD PURSUANT TO SECTION 20-7-490 AND TO PROVIDE THAT PLACEMENT ON THE REGISTRY CANNOT BE WAIVED BY ANY PARTY OR BY THE COURT.
Rep. G. M. SMITH explained the Bill.
S. 491 (Word version) -- Senators McConnell, Martin and Ford: A BILL TO AMEND SECTION 42-3-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATIVE DIRECTOR OF THE ADMINISTRATIVE DEPARTMENT OF THE WORKERS' COMPENSATION COMMISSION, SO AS TO TIE THE MAXIMUM SALARY PAID TO THE ADMINISTRATIVE DIRECTOR TO THE SALARY PAID TO COMMISSIONERS INSTEAD OF CIRCUIT JUDGES.
Rep. HARRISON explained the Bill.
On motion of Rep. NEILSON, with unanimous consent, it was ordered that H. 3407 (Word version) be read the third time tomorrow.
On motion of Rep. LUCAS, with unanimous consent, it was ordered that S. 362 (Word version) be read the third time tomorrow.
On motion of Rep. CLEMMONS, with unanimous consent, it was ordered that H. 4096 (Word version) be read the third time tomorrow.
On motion of Rep. G. M. SMITH, with unanimous consent, it was ordered that S. 85 (Word version) be read the third time tomorrow.
On motion of Rep. HARRISON, with unanimous consent, it was ordered that S. 491 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3335 (Word version) -- Reps. Limehouse, Hagood, Merrill, Whipper, Altman, Breeland, R. Brown, Chellis, Harrell, Hinson, Mack, Scarborough, Umphlett, Ceips and Miller: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-676 SO AS TO DESIGNATE SWEET GRASS BASKET THE OFFICIAL STATE HANDCRAFT.
Rep. MILLER proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\2650SJ05), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Article 9, Chapter 1, Title 1 of the 1976 Code is amended by adding:
"Section 1-1-676. The sweet grass basket is the official state low country handcraft.
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. MILLER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. LIMEHOUSE, with unanimous consent, it was ordered that H. 3335 (Word version) be read the third time tomorrow.
The following Bill was taken up:
S. 27 (Word version) -- Senators Leatherman and Elliott: A BILL TO AMEND SECTION 6-4-35 OF THE 1976 CODE, RELATING TO THE TOURISM EXPENDITURE REVIEW COMMITTEE'S DETERMINATION OF NONCOMPLIANT EXPENDITURE OF ACCOMMODATIONS TAX REVENUE, TO ESTABLISH A PROCEDURE BY WHICH A MUNICIPALITY OR COUNTY MAY REFUND ANY AMOUNT DETERMINED TO BE IN NONCOMPLIANCE AND AVOID FUTURE WITHHOLDINGS.
Rep. MCGEE proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20566SD05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 4, Title 6 of the 1976 Code is amended by adding:
"Section 6-4-36. (A) In addition to the provisions of Section 6-4-35(B)(1)(a), if the Tourism Expenditure Review Committee finds an expenditure to be in noncompliance, the committee must notify the municipality or county of the finding. Upon notification, the municipality or county may refund an amount equivalent to the amount determined to be in noncompliance to the appropriate fund. If the municipality or county certifies to the committee that the amount has been refunded, the municipality or county is not subject to future withholdings of the amount determined to be in noncompliance. After the amount determined to be in noncompliance has been refunded, the municipality or county may expend the funds for a compliant tourism-related purpose. Any subsequent expenditure of a refunded amount is subject to the reporting and review requirements of this chapter. If the committee informs the county or municipality of an expenditure determined to be in noncompliance and the county or municipality does not refund the noncompliant amount, the committee shall certify the noncompliance to the State Treasurer as provided in Section 6-4-35(B)(1)(a) for the actions to be taken as required therein. If the committee determines an expenditure of any refunded amount to be in noncompliance, the municipality or county may not refund an equivalent amount in order to avoid future withholdings.
(B) The provisions of subsection (A) apply to accommodations tax allocations for fiscal years 2003-2004 and 2004-2005. For these fiscal years, any municipality or county subject to a determination of noncompliance by the committee may utilize the refunding procedures provided by this section. If the municipality or county certifies to the committee that the amount previously determined to be in noncompliance has been refunded to the appropriate fund, then any amount withheld from the municipality or county from subsequent allocations must be returned in same amount and manner that it was withheld.
(C) The provisions of this section are repealed effective June 30, 2006.
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. MCGEE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. MCGEE, with unanimous consent, it was ordered that S. 27 (Word version) be read the third time tomorrow.
Rep. BREELAND withdrew his request for debate on S. 348 (Word version); however, other requests for debate remained on the Bill.
On motion of Rep. TALLEY, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
S. 384 (Word version) -- Senators Lourie, Thomas, Reese, Bryant, Knotts, Sheheen, Hutto, McGill, Jackson, Ford, Scott, Malloy, Land, Gregory, Drummond, Pinckney, Cromer, Short, Matthews, Campsen, Anderson and Hawkins: A BILL TO AMEND SECTION 16-17-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPPLYING MINORS WITH TOBACCO OR CIGARETTES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE SALE, FURNISHING, GIVING, DISTRIBUTION, AND PROVISION TO A MINOR OF CIGARETTES, TOBACCO, CIGARETTE PAPER, OR A TOBACCO PRODUCT; TO PROVIDE THAT CERTAIN INDIVIDUALS LESS THAN EIGHTEEN YEARS OF AGE MAY NOT PURCHASE, ACCEPT RECEIPT OF, POSSESS, ATTEMPT TO PURCHASE, ATTEMPT TO ACCEPT RECEIPT OF, OR ATTEMPT TO POSSESS A TOBACCO PRODUCT OR TO OFFER FRAUDULENT PROOF OF AGE FOR THE PURPOSE OF PURCHASING OR POSSESSING A TOBACCO PRODUCT; TO REVISE THE DISBURSEMENT OF FINES COLLECTED, SO AS TO DISTRIBUTE ONE-HALF OF THESE FINES TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR ITS YOUTH SMOKING PREVENTION PLAN; TO AUTHORIZE COMMUNITY SERVICE IN LIEU OF FINING A MINOR; AND TO REVISE THE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Rep. TOWNSEND asked unanimous consent to recall S. 352 (Word version) from the Committee on Education and Public Works.
Rep. LOFTIS objected.
Rep. VAUGHN asked unanimous consent to recall H. 4054 (Word version) from the Committee on Ways and Means.
Rep. KENNEDY objected.
Rep. HOWARD asked unanimous consent to recall S. 808 (Word version) from the Richland Delegation.
Rep. SCOTT objected.
Rep. WHIPPER asked unanimous consent to recall H. 3060 (Word version) from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. J. BROWN objected.
Rep. HARRISON asked unanimous consent to recall S. 347 (Word version) from the Committee on Judiciary.
Rep. SCOTT objected.
Rep. SCOTT asked unanimous consent to recall H. 3348 (Word version) from the Committee on Judiciary.
Rep. G. M. SMITH objected.
The Veto on the following Act was taken up:
(R73) H. 3716 -- Ways and Means Committee: AN ACT TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 2005; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.
Rep. HARRELL moved to adjourn debate on the Veto until Tuesday, May 24, which was agreed to.
The Veto on the following Act was taken up:
(R74) H. 3717 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.
Rep. HARRELL moved to adjourn debate on the Veto until Tuesday, May 24, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
H. 3577 (Word version) -- Reps. Witherspoon, Frye, Hiott, Ott and Vick: A BILL TO AMEND SECTION 46-13-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PESTICIDE REGISTRATION FEES, SO AS TO INCREASE THE ANNUAL BASIC REGISTRATION FEE, TO PROVIDE A PROCEDURE FOR FUTURE INCREASES, AND FURTHER PROVIDE FOR THE USE OF THESE FUNDS.
Rep. WITHERSPOON explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3142 (Word version) -- Reps. White, Davenport, Mahaffey and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 33, TITLE 40 SO AS TO ENACT THE NURSE LICENSURE COMPACT WHICH ENTERS SOUTH CAROLINA INTO A MULTI-STATE NURSE LICENSURE COMPACT TO PROVIDE FOR THE RECIPROCAL PRACTICE OF NURSING AMONG THE STATES THAT ARE PARTIES TO THE COMPACT; TO PROVIDE FOR THE STANDARDS AND PROCEDURES THAT APPLY TO PRACTICING NURSING IN OTHER STATES PURSUANT TO THE COMPACT; TO PROVIDE FOR A COORDINATED LICENSURE INFORMATION SYSTEM FOR SHARING DATA AMONG THE COMPACT STATES AND TO PROVIDE PROCEDURES FOR DISPUTE RESOLUTION AND DISCIPLINARY ACTION; AND TO FURTHER PROVIDE FOR THE REGULATION OF NURSES LICENSED IN STATES THAT ARE PARTIES TO THE COMPACT; AND TO ADD SECTION 40-33-525 SO AS TO REQUIRE, BEGINNING JANUARY 1, 2007, FOREIGN-EDUCATED APPLICANTS FOR LICENSURE AS A REGISTERED NURSE TO PASS THE NATIONAL COUNCIL LICENSURE EXAMINATION AND AN ENGLISH LANGUAGE PROFICIENCY TEST.
Rep. WHITE explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Bill was taken up:
S. 1 (Word version) -- Senators Ryberg, Hutto, Lourie, Drummond, Land, Moore, Matthews, McGill, O'Dell, Reese, Hayes, Gregory, Jackson, Martin, Rankin, Short, Richardson, Ritchie, Cromer, J. V. Smith, Leatherman, Fair and Patterson: A BILL TO AMEND SECTION 56-5-6450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILD PASSENGER RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT A FINE FOR A VIOLATION OF THE LAW MUST NOT BE WAIVED; TO AMEND SECTION 56-5-6530, RELATING TO EXCEPTIONS TO THE MANDATORY USE OF SAFETY BELTS AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT OCCUPANTS OF THE BACK SEAT OF A MOTOR VEHICLE ARE NOT EXEMPT FROM THE SAFETY BELT REQUIREMENT; TO AMEND SECTION 56-5-6540, RELATING TO PENALTIES FOR VIOLATIONS OF THE SAFETY BELT LAW AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT ALL FUNDS COLLECTED PURSUANT TO THIS SECTION MUST BE DEPOSITED IN THE STATE GENERAL FUND, A LAW ENFORCEMENT OFFICER MAY NOT SEARCH A VEHICLE STOPPED SOLELY FOR A PRIMARY SAFETY BELT VIOLATION, A LAW ENFORCEMENT OFFICER MAY STOP A DRIVER OF A MOTOR VEHICLE FOR ANY PRIMARY VIOLATION OF A PROVISION THAT REQUIRES A DRIVER OR PASSENGER TO WEAR A SAFETY BELT OR A CHILD RESTRAINT SYSTEM, A PERSON MUST NOT BE CONVICTED FOR A PRIMARY SAFETY BELT VIOLATION EXCEPT UPON PROOF BEYOND A REASONABLE DOUBT, A VIOLATION OF THE MANDATORY SAFETY BELT LAW MAY BE TRIED BEFORE EITHER A JUDGE OR A JURY, AND A CONVICTION FOR A VIOLATION OF THE STATE'S MANDATORY SAFETY BELT LAW IS APPEALABLE TO THE COURT OF COMMON PLEAS.
Rep. THOMPSON moved to continue the Bill.
Rep. TOWNSEND demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Barfield G. Brown Cato Chellis Clemmons Dantzler Davenport Frye Hamilton Kennedy Kirsh Loftis Merrill Phillips M. A. Pitts Rhoad Rice Talley Thompson Tripp Umphlett White Young
Those who voted in the negative are:
Agnew Allen Anderson Anthony Ballentine Battle Bingham Bowers Brady Branham Breeland Chalk Clark Delleney Edge Emory Funderburk Govan Hagood Haley Harrell Haskins J. Hines M. Hines Hiott Hosey Huggins Jefferson Jennings Leach Lee Limehouse Lucas Mahaffey McCraw McGee McLeod Miller J. H. Neal J. M. Neal Neilson Owens Parks Perry Pinson E. H. Pitts Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith Stewart Taylor Toole Townsend Vaughn Walker Weeks Whipper Whitmire Wilkins Witherspoon
So, the House refused to continue the Bill.
I would like to enter into the record that my electronic vote was not recorded on Senate Bill 1. I would have voted "nay".
Rep. Converse Chellis
The Bill was read the third time and ordered returned to the Senate with amendments.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 618 (Word version) -- Senators Alexander, Setzler, Short, Verdin and Knotts: A BILL TO ENACT THE STATE RETIREMENT SYSTEM PRESERVATION AND INVESTMENT REFORM ACT BY AMENDING SECTION 9-1-1790, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EARNING LIMIT APPLICABLE TO RETIRED MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO RETURN TO COVERED EMPLOYMENT, SO AS TO REQUIRE THESE MEMBERS TO PAY THE EMPLOYEE CONTRIBUTION FOR ACTIVE MEMBERS; BY AMENDING SECTION 8-11-620, AS AMENDED, RELATING TO LUMP SUM PAYMENTS FOR ANNUAL LEAVE FOR STATE EMPLOYEES, SO AS TO POSTPONE THIS LUMP SUM FOR TERI PARTICIPANTS UNTIL THE EMPLOYEE ENDS TERI PARTICIPATION; BY AMENDING SECTION 9-1-2210, RELATING TO THE TERI PROGRAM, SO AS TO REQUIRE TERI PROGRAM PARTICIPANTS TO PAY THE EMPLOYEE CONTRIBUTION FOR ACTIVE MEMBERS, TO DELAY UNTIL A MEMBER ENDS PARTICIPATION THE INCLUSION OF THE APPLICABLE AMOUNT OF THE MEMBERS UNUSED ANNUAL LEAVE IN THE CALCULATION OF AVERAGE FINAL COMPENSATION, TO PROVIDE FOR THE RECALCULATION OF AVERAGE FINAL COMPENSATION WHEN THE MEMBER ENDS PARTICIPATION IN TERI FOR PURPOSES OF THE MEMBERS' FUTURE RETIREMENT BENEFITS OR OF A BENEFICIARY OF FUTURE BENEFITS ON THE DEATH OF A TERI PARTICIPANT WHO ELECTED A SURVIVOR OPTION, TO PROVIDE THAT A TERI PARTICIPANT UPON ENDING TERI PARTICIPATION MUST LEAVE COVERED EMPLOYMENT AND IS NOT ELIGIBLE TO RETURN TO COVERED EMPLOYMENT WITH THE SOUTH CAROLINA RETIREMENT OR THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, AND TO PROVIDE EXCEPTIONS FOR CERTAIN TEACHERS AND PRINCIPALS; BY ADDING SECTIONS 9-1-490 AND 9-1-1520 SO AS TO ESTABLISH TWO CLASSES OF SERVICE FOR PERSONS BECOMING SOUTH CAROLINA RETIREMENT SYSTEM MEMBERS AFTER 2005 AND PROVIDE A RETIREMENT OPTION FOR THESE PERSONS AT ANY AGE WITH TWENTY-EIGHT YEARS OF CREDITABLE SERVICE WITH A PENALTY FACTOR FOR THEIR EARLY RETIREMENT, BY AMENDING SECTIONS 9-1-10, 9-1-1020, 9-1-1140, 9-1-1510, 9-1-1515, 9-1-1550, AND 9-1-1660, ALL AS AMENDED, RELATING TO DEFINITIONS, CONTRIBUTIONS, SERVICE CREDIT, RETIREMENT AND EARLY RETIREMENT, AND CALCULATION OF BENEFITS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO CLOSE TWENTY-EIGHT YEARS OF CREDITABLE SERVICE RETIREMENT AT ANY AGE FOR PERSONS BEGINNING PARTICIPATION IN THE SOUTH CAROLINA RETIREMENT SYSTEM AFTER 2005, TO PROVIDE EXCEPTIONS, TO DESIGNATE THOSE PERSONS "GRANDFATHERED" AS SCRS28 PARTICIPANTS, TO DESIGNATE PARTICIPANTS AFTER 2005 AS SCRS30 PARTICIPANTS AND PROVIDE FOR THEIR RETIREMENT QUALIFICATIONS, SERVICE REQUIREMENTS, INCLUDING THE ELECTION OF CLASS B SERVICE WITH A HIGHER MULTIPLIER, HIGHER EMPLOYEE CONTRIBUTIONS, AND PENALTY FOR RETIREMENT BEFORE THIRTY YEARS OF CREDITABLE SERVICE AND TO MAKE CONFORMING AMENDMENTS; BY AMENDING 9-1-1310, AS AMENDED, RELATING TO THE STATE BUDGET AND CONTROL BOARD AS TRUSTEE OF THE STATE RETIREMENT SYSTEM, SO AS TO CONFORM THIS REFERENCE TO THE RETIREMENT SYSTEM INVESTMENT COMMISSION ESTABLISHED IN THIS ACT AND ALLOW EQUITY INVESTMENTS AS PERMITTED IN THE CONSTITUTION OF THIS STATE; BY AMENDING SECTIONS 9-16-10, 9-16-80, AND 9-16-90, RELATING TO DEFINITIONS, MEETINGS, AND REPORTING FOR PURPOSES OF INVESTMENTS OF RETIREMENT SYSTEM FUNDS BY THE STATE BUDGET AND CONTROL BOARD, SO AS TO CONFORM THESE PROVISIONS TO THE ROLE OF THE RETIREMENT SYSTEM INVESTMENT COMMISSION ESTABLISHED IN THIS ACT; BY AMENDING ARTICLE III, CHAPTER 9 OF THE 1976 CODE, SO AS TO REVISE THE DUTIES OF THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL, ESTABLISH THE RETIREMENT SYSTEM INVESTMENT COMMISSION AND PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES AS TRUSTEE OF THE ASSETS AND INVESTOR OF THE FUNDS OF THE STATE RETIREMENT SYSTEM, CONFORM THE INVESTMENT REQUIREMENTS TO THE ROLE OF THIS COMMISSION INCLUDING THE VESTING IN IT OF ALL INVESTMENT AUTHORITY AND THE ELIMINATION OF A MAXIMUM LIMIT ON EQUITY INVESTMENTS AND ESTABLISH ADDITIONAL STANDARDS OF CONDUCT FOR FIDUCIARIES; BY AMENDING SECTION 8-17-310, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE ACT, SO AS TO EXEMPT EMPLOYEES OF THE RETIREMENT SYSTEM INVESTMENT COMMISSION; BY AMENDING SECTION 30-4-70, AS AMENDED, RELATING TO MEETINGS EXEMPT FROM THE FREEDOM OF INFORMATION ACT, SO AS TO CONFORM THE EXEMPTION TO THE PROVISIONS OF THIS ACT, TO PROVIDE FOR AN ASSUMED INVESTMENT RETURN ON RETIREMENT SYSTEM ASSETS OF NOT LESS THAN EIGHT PERCENT A YEAR, AND TO PROVIDE TRANSITION PROVISIONS.
Rep. CATO moved that the House recur to the Morning Hour, which was agreed to.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4128 (Word version) -- Reps. Cato, Chellis, Clemmons, Cobb-Hunter, Cooper, Hinson, Kirsh, Norman, Sandifer, Witherspoon, Scott, Duncan, Edge, Harrison, Jennings, Leach, Mack, Ott, Perry, Rice, Scarborough, Talley, Townsend, Tripp, Viers and White: A HOUSE RESOLUTION TO URGE THE UNITED STATES CONGRESS TO PROVIDE FOR A DOMESTIC ENERGY POLICY THAT WILL ENSURE AN ADEQUATE SUPPLY OF NATURAL GAS WHILE PROMOTING ECONOMIC AND NATIONAL SECURITY FOR THE BENEFIT OF FUTURE GENERATIONS OF AMERICANS.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
S. 236 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-1-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF A DRIVER'S LICENSE OR IDENTIFICATION CARD AND SUBMITTING A FRAUDULENT APPLICATION FOR A DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO DISPLAY OR POSSESS A COUNTERFEIT DRIVER'S LICENSE OR IDENTIFICATION CARD; AND TO AMEND SECTION 56-1-515, RELATING TO THE UNLAWFUL ALTERATION, SALE, ISSUANCE, OR USE OF A DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO PRODUCE OR POSSESS A COUNTERFEIT DRIVER'S LICENSE OR IDENTIFICATION CARD.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
S. 610 (Word version) -- Senators Fair, Campsen, O'Dell, Scott, Bryant, Cleary, Rankin, Williams, Thomas, Hayes and Cromer: A BILL TO AMEND SECTION 23-6-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CERTIFICATES THAT INDICATE THAT A PERSON HAS COMPLETED SUCCESSFULLY CERTAIN LAW ENFORCEMENT TRAINING, SO AS TO DELETE THE PROVISION THAT ALLOWS CANDIDATES FOR CERTIFICATION AS CLASS II-SCO (DEPARTMENT OF CORRECTIONS) IN ANY COUNTY WITH A PRISON SYSTEM THAT BORDERS ANOTHER STATE TO HOLD A DRIVER'S LICENSE ISSUED BY ANY JURISDICTION OF THE UNITED STATES, AND TO REPLACE IT WITH A PROVISION THAT ALLOWS CANDIDATES FOR CERTIFICATION AS STATE OR LOCAL CORRECTIONAL OFFICERS TO HOLD A DRIVER'S LICENSE ISSUED BY ANY JURISDICTION OF THE UNITED STATES.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
S. 737 (Word version) -- Senator Ryberg: A BILL TO AMEND THE TITLE OF CHAPTER 2, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976; TO REPEAL SECTION 56-2-2740, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES' REFUSAL TO RENEW A DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF A PERSON WHO DOES NOT PAY PERSONAL PROPERTY TAXES ON A MOTOR VEHICLE, THE ISSUANCE OF LICENSE PLATES, AND THE VALIDATION AND REVALIDATION OF DECALS; TO AMEND CHAPTER 2 OF TITLE 56, BY ADDING ARTICLE 1, SO AS TO PROVIDE FOR THE OPERATION, TITLING, AND SALE OF LOW SPEED VEHICLES; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN CERTAIN PROVISIONS THAT PERTAIN TO THE ISSUANCE OF DRIVER'S LICENSES, SO AS TO PROVIDE DEFINITIONS FOR THE TERMS "LOW SPEED VEHICLE", "ALL TERRAIN VEHICLE", "OPERATOR" OR "DRIVER", AND "PERSON"; TO ADD SECTION 56-5-820 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A LOW SPEED VEHICLE IN VIOLATION OF THE PROVISIONS THAT REGULATE THE OPERATION OF THESE VEHICLES, AND TO PROVIDE A PENALTY; AND TO ADD SECTION 56-1-405 SO AS TO RECODIFY THE PROVISION THAT RELATES TO THE DEPARTMENT OF MOTOR VEHICLES' REFUSAL TO RENEW A DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF A PERSON WHO DOES NOT PAY PERSONAL PROPERTY TAXES ON A MOTOR VEHICLE, THE ISSUANCE OF LICENSE PLATES, AND THE VALIDATION AND REVALIDATION OF DECALS.
Ordered for consideration tomorrow.
Rep. HOWARD, from the Richland Delegation, submitted a favorable report on:
S. 808 (Word version) -- Senators Patterson, Courson, Lourie and Jackson: A BILL TO DEVOLVE THE AUTHORITY TO APPOINT THE MEMBERS OF THE RICHLAND COUNTY RECREATION COMMISSION FROM THE RICHLAND COUNTY LEGISLATIVE DELEGATION TO THE GOVERNING BODY OF RICHLAND COUNTY.
Ordered for consideration tomorrow.
On motion of Rep. MAHAFFEY, with unanimous consent, the following was taken up for immediate consideration:
H. 4145 (Word version) -- Reps. Mahaffey, Sinclair and Talley: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE PLAYERS, COACHES, AND SCHOOL OFFICIALS OF THE BYRNES HIGH SCHOOL LADY REBELS SOFTBALL TEAM OF SPARTANBURG COUNTY AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, TO CONGRATULATE THEM ON THEIR IMPRESSIVE WIN OF THE STATE AAAA CHAMPIONSHIP TITLE, AND TO HONOR THE PLAYERS AND THEIR COACH, DEBBIE HOLCOMBE, FOR AN EXCEPTIONAL SEASON.
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the players, coaches, and school officials of the Byrnes High School Lady Rebels Softball Team of Spartanburg County at a date and time to be determined by the Speaker, to congratulate them on their impressive win of the State AAAA Championship Title, and to honor the players and their coach, Debbie Holcombe, for an exceptional season.
The Resolution was adopted.
The following was introduced:
H. 4146 (Word version) -- Rep. Hagood: A HOUSE RESOLUTION EXPRESSING THE GRATITUDE AND APPRECIATION OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO BEN DEGIDUS AND RICHARD SMITH FOR THEIR OUTSTANDING COURAGE AND CONCERN FOR OTHERS DEMONSTRATED WHEN THEY RESCUED JOSH LONG AND TONY DRISCOLL AT SEA OFF THE COAST OF NORTH CAROLINA.
The Resolution was adopted.
On motion of Rep. RHOAD, with unanimous consent, the following was taken up for immediate consideration:
H. 4147 (Word version) -- Rep. Rhoad: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE DENMARK-OLAR LADY VIKINGS TRACK TEAM OF DENMARK, COACH WAYNE FARMER, AND OTHER SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING AND HONORING THE TEAM ON THEIR STATE CLASS A CHAMPIONSHIP TITLE.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives of the State of South Carolina is extended to the Denmark-Olar Lady Vikings Track and Field Team of Denmark, Coach Wayne Farmer, and other school officials, at a date and time to be determined by the Speaker, for the purpose of congratulating and honoring the team on their State Class A Championship Title.
The Resolution was adopted.
The following was introduced:
H. 4148 (Word version) -- Rep. Pinson: A HOUSE RESOLUTION TO CONGRATULATE AND COMMEND JASON ISENHOWER FOR HIS EXTRAORDINARY ATHLETIC PROWESS ON THE SWIM AND TENNIS TEAMS AT CAMBRIDGE ACADEMY IN GREENWOOD COUNTY AND TO WISH HIM THE VERY BEST IN ALL HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 4149 (Word version) -- Rep. Rhoad: A CONCURRENT RESOLUTION TO CONGRATULATE THE DENMARK-OLAR LADY VIKINGS TRACK AND FIELD TEAM OF DENMARK ON ITS STATE CLASS A CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM MEMBERS AND THEIR COACH, WAYNE FARMER, ON AN EXCEPTIONAL SEASON.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4150 (Word version) -- Reps. McLeod, 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, 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. 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 CONGRATULATE MR. R. DOGGETT WHITAKER, JR., OF NEWBERRY FOR HIS SELECTION AS PRESIDENT OF THE NATIONAL FUNERAL DIRECTORS ASSOCIATION FOR 2004-2005 AND TO COMMEND HIM FOR HIS SERVICE TO HIS PROFESSION AND TO HIS COMMUNITY AND STATE.
The Resolution was adopted.
The following was introduced:
H. 4151 (Word version) -- Reps. McLeod, J. Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. 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, 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. 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 CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE TRIANGLE CHILD CARE CENTER OF NEWBERRY COUNTY AND ITS FOUNDERS, CLYDE AND JESSIE GILLIAM HILL, FOR THEIR OUTSTANDING COMMITMENT TO LOVING, QUALITY CHILDCARE ON THE CENTER'S THIRTIETH ANNIVERSARY, AND TO EXTEND BEST WISHES FOR GROWTH AND CONTINUED SUCCESS IN THE COMING YEARS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4152 (Word version) -- Rep. McLeod: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE I-26/SOUTH CAROLINA HIGHWAY 219 INTERCHANGE IN NEWBERRY COUNTY AS "MAIN STREET INTERCHANGE" BECAUSE THIS INTERCHANGE AS WELL AS SOUTH CAROLINA HIGHWAY 219 AND MAIN STREET SERVE AS THE GATEWAY TO THE CITY OF NEWBERRY AND TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS OR MARKERS REFLECTING THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4153 (Word version) -- Reps. Mahaffey, Talley and Sinclair: A CONCURRENT RESOLUTION TO CONGRATULATE THE BYRNES HIGH SCHOOL LADY REBELS SOFTBALL TEAM OF SPARTANBURG COUNTY ON ITS IMPRESSIVE WIN OF THE STATE AAAA CHAMPIONSHIP TITLE, AND TO RECOGNIZE THE PLAYERS AND THEIR COACH, DEBBIE HOLCOMBE, ON THEIR EXCEPTIONAL SEASON.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4154 (Word version) -- Reps. Cato, Bingham, Young, Haley, Sandifer, Huggins, Toole, Barfield, Vaughn, Davenport, Simrill, McCraw, Leach, Duncan, Clark, Ballentine, Battle, Ceips, Chalk, Chellis, Cooper, Dantzler, Edge, Frye, Hardwick, Hiott, Kirsh, Limehouse, Littlejohn, Loftis, Norman, Perry, Pinson, Rice, Scarborough, D. C. Smith, G. R. Smith, J. R. Smith, Taylor, Thompson, Townsend, Tripp, Umphlett, Walker, White and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING THE EXISTING SECTIONS OF CHAPTER 38, TITLE 15 AS ARTICLE 1; BY ADDING ARTICLE 3, CHAPTER 38, TITLE 15 SO AS TO ENACT THE "SOUTH CAROLINA NONECONOMIC DAMAGES FOR CIVIL ACTIONS ACT OF 2005", TO PROVIDE DEFINITIONS OF THE TERMS "ACTUAL ECONOMIC DAMAGES" AND "NONECONOMIC DAMAGES", AND TO PROVIDE THAT A PREVAILING PARTY IN A CIVIL ACTION MAY RECOVER ACTUAL ECONOMIC DAMAGES AND NONECONOMIC DAMAGES NOT TO EXCEED THREE HUNDRED FIFTY THOUSAND DOLLARS; AND BY ADDING ARTICLE 5, CHAPTER 38, TITLE 15 SO AS TO ENACT THE "SOUTH CAROLINA PUNITIVE DAMAGES FOR CIVIL ACTIONS ACT OF 2005", TO PROVIDE DEFINITIONS OF THE TERMS "COMPENSATORY DAMAGES", "DEFENDANT", "FRAUDULENT", "MALICE", "PUNITIVE DAMAGES", AND "WILFUL OR INTENTIONAL CONDUCT", TO PROVIDE FOR THE APPLICATION OF THE ARTICLE TO ALL CLAIMS FOR PUNITIVE DAMAGES AND TO PROVIDE AN EXCEPTION; TO PROVIDE THAT PUNITIVE DAMAGES MAY BE RECOVERED ONLY IF CERTAIN AGGRAVATING FACTORS EXIST; TO PROVIDE THAT PUNITIVE DAMAGES MUST BE DETERMINED AND STATED SEPARATELY FROM COMPENSATORY DAMAGES; TO PROVIDE THAT PUNITIVE DAMAGES ARE LIMITED TO NOT EXCEEDING THREE TIMES THE AMOUNT OF COMPENSATORY DAMAGES OR THREE HUNDRED FIFTY THOUSAND DOLLARS, WHICHEVER IS LESS; AND TO PROVIDE PROCEDURES FOR DETERMINING WHETHER PUNITIVE DAMAGES MAY BE AWARDED.
Referred to Committee on Judiciary
H. 4155 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO IMPLEMENTATION OF EMERGENCY HEALTH POWERS ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2962, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 4156 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-BOARD OF NURSING, RELATING TO REPEAL OF DUPLICATIVE REGULATIONS INCLUDED IN THE NURSE PRACTICE ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2973, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 4157 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-BOARD OF DENTISTRY, RELATING TO GUIDELINES FOR SEDATION AND GENERAL ANESTHESIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 2961, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
Rep. COOPER moved to adjourn debate upon the following Bill until Tuesday, May 24, which was adopted:
S. 589 (Word version) -- Senators McConnell, Drummond, Rankin, Land, McGill, Thomas, Moore, Fair, Ryberg, Setzler, Peeler, Reese and Verdin: A BILL TO AMEND ARTICLE 3, CHAPTER 43, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY EQUALIZATION AND REASSESSMENT, BY ADDING SECTION 12-43-365, SO AS TO PROVIDE THAT THE VALUE OF TANGIBLE AND INTANGIBLE PERSONAL PROPERTY AND ANY INCOME DERIVED THEREFROM, WHETHER DIRECTLY OR INDIRECTLY, SHALL NOT BE INCLUDED IN THE DETERMINATION OF FAIR MARKET VALUE OF GOLF COURSE REAL PROPERTY FOR AD VALOREM TAX PURPOSES.
The following Bill was taken up:
H. 3554 (Word version) -- Rep. Huggins: A BILL TO AMEND SECTION 56-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFYING AS A SELF-INSURER FOR MOTOR VEHICLES, SO AS TO PROVIDE THAT AN IRREVOCABLE LETTER OF CREDIT ISSUED BY A BANK CHARTERED IN THIS STATE OR A MEMBER BANK OF THE FEDERAL RESERVE SYSTEM MAY BE SUBMITTED TO THE DEPARTMENT OF MOTOR VEHICLES IN LIEU OF THE CASH DEPOSIT REQUIRED TO BE SUBMITTED TO DETERMINE FINANCIAL RESPONSIBILITY OF A POTENTIAL SELF-INSURER, AND TO PROVIDE THAT A PERSON OR COMPANY THAT QUALIFIES AS A SELF-INSURER MAY ISSUE CERTIFICATES OF INSURANCE FOR ALL PURPOSES ONLY ON THE VEHICLES LISTED IN THE APPLICANT'S NAME; AND TO AMEND SECTION 58-23-1240, RELATING TO THE PUBLIC TAXI PLATE WHICH MUST BE AFFIXED TO A TAXI, SO AS TO PROVIDE THAT THE PLATE MUST BE AFFIXED ONLY TO THE REAR OF A TAXI, TO PROVIDE THAT A STICKER MAY BE AFFIXED TO THE TAXI IN LIEU OF A METAL PLATE, TO PROVIDE THAT THE CITY WHERE THE TAXI PRINCIPALLY OPERATES MUST APPROVE THE DIMENSIONS OF THE STICKER OR PLATE INSTEAD OF THE GOVERNING BODY OF THE COUNTY, TO REMOVE THE TERM "PUBLIC" AND THE TAXI LICENSE NUMBER FROM THE CONTENTS OF THE STICKER OR PLATE, TO DELETE THE REQUIREMENT THAT THE COLOR OF THE PLATE MUST BE CHANGED ANNUALLY, AND TO PROVIDE THAT THE OWNER OF A TAXI THAT QUALIFIES AS A SELF-INSURER MUST ISSUE TO EACH OPERATOR OF THE TAXI A CERTIFICATE OF INSURANCE WHICH MUST BE MAINTAINED IN THE TAXI WHILE IT IS IN OPERATION.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB \6553CM05), which was adopted:
Amend the bill, as and if amended, Section 56-9-60(B), as contained in SECTION 1, page 2, by deleting Section 56-9-60(B) and inserting:
/ (B) A person or company that qualifies as a self-insurer, pursuant to this section, may issue certificates of insurance only on the vehicles registered in the applicant's name." /
Renumber sections to conform.
Amend title to conform.
Rep. TRIPP explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. TRIPP, with unanimous consent, it was ordered that H. 3554 (Word version) be read the third time tomorrow.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 67 (Word version) -- Senators Short, Elliott and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-1460 SO AS TO ENACT THE "VOLUNTEER FIREFIGHTER JOB PROTECTION ACT", PROHIBITING AN EMPLOYER FROM FIRING A VOLUNTEER FIREFIGHTER WHO MISSES TIME AT WORK AS A RESULT OF RESPONDING TO AN EMERGENCY IN THE COURSE OF PERFORMING HIS DUTIES AS A VOLUNTEER FIREFIGHTER, ALLOWING THE EMPLOYER TO REQUIRE A WRITTEN STATEMENT AND REASONABLE NOTICE AND TO DEDUCT TIME LOST FROM THE EMPLOYEE'S REGULAR PAY, TO CREATE A CIVIL CAUSE OF ACTION FOR VIOLATION OF THIS ACT AND PROVIDE REMEDIES, AND TO MAKE THIS ACT APPLICABLE TO A VOLUNTEER FIREFIGHTER FOR A FIRE AUTHORITY SERVING A POPULATION OF THREE THOUSAND FIVE HUNDRED OR LESS.
Rep. CHELLIS explained the Bill.
S. 135 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 42-7-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF WAGES FOR WORKERS' COMPENSATION BENEFITS, SO AS TO DELETE THE REQUIREMENTS THAT THE GOVERNING BODY OF THE ENTITY USING A VOLUNTARY STATE CONSTABLE'S SERVICES MUST APPROVE AND FUND THE PREMIUMS FOR HIS PARTICIPATION IN THE WORKERS' COMPENSATION SYSTEM AND INSTEAD PROVIDE THAT THE WORKERS' COMPENSATION PREMIUMS FOR THESE CONSTABLES MUST BE PAID FROM THE STATE GENERAL FUND UPON WARRANT OF THE CHIEF OF THE STATE LAW ENFORCEMENT DIVISION.
Rep. CHELLIS explained the Bill.
S. 144 (Word version) -- Senators Mescher, Short and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-63-80 AND 59-63-90 TO REQUIRE SCHOOL DISTRICTS TO ADOPT A POLICY AUTHORIZING A STUDENT TO SELF ADMINISTER ASTHMA MEDICATION, TO PROVIDE FOR THE ELEMENTS OF THE POLICY INCLUDING REQUIRING THE PARENT OF THE STUDENT TO PROVIDE CERTAIN MEDICAL INFORMATION, AND TO AMEND SECTION 15-78-60 BY PROVIDING IMMUNITY FROM LIABILITY FOR DISTRICTS AND THEIR EMPLOYEES.
Rep. MACK explained the Bill.
H. 3968 (Word version) -- Reps. Govan, Clyburn, Rutherford, Hosey, Moody-Lawrence, Lee, Clark, Allen, Breeland, J. Brown, R. Brown, Davenport, Jefferson, Littlejohn, Mack, J. H. Neal, Rice and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-285 SO AS TO ENACT THE HEALTHY SOUTH CAROLINIANS 2010 ACT AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL DEVELOP AND PROMOTE HEALTHY SOUTH CAROLINIANS 2010 GOALS AND OBJECTIVES, USING THE FEDERAL HEALTHY PEOPLE 2010 AS A MODEL; TO PROVIDE THAT THE DEPARTMENT SHALL REPORT ANNUALLY TO THE GENERAL ASSEMBLY ON THE STATUS OF DISPARITIES IN HEALTH AMONG MINORITIES AND NONMINORITIES; TO PROVIDE THAT THE DEPARTMENT SHALL WORK WITH MINORITY PHYSICIAN NETWORKS TO DEVELOP PROGRAMS TO EDUCATE HEALTH CARE PROFESSIONALS ABOUT THE IMPORTANCE OF CULTURE IN HEALTH STATUS; TO PROVIDE THAT THE DEPARTMENT SHALL WORK WITH HEALTH ORGANIZATIONS TO INCREASE THE PROPORTION OF HEALTH CARE PROFESSIONALS FROM MINORITY BACKGROUNDS; AND TO PROVIDE THAT THE DEPARTMENT SHALL PROMOTE RESEARCH ON METHODS TO REDUCE DISPARITIES IN HEALTH CARE; AND TO ADD SECTION 44-6-225 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL CONTRACT WITH MINORITY PHYSICIAN NETWORKS TO PROVIDE COST-EFFECTIVE MEDICAID SERVICES; AND TO PROVIDE THAT THE DEPARTMENT SHALL WORK TO EXPAND MINORITY PHYSICIAN NETWORKS IN EACH HEALTH DISTRICT.
Rep. MACK explained the Bill.
On motion of Rep. CHELLIS, with unanimous consent, it was ordered that S. 67 (Word version) be read the third time tomorrow.
On motion of Rep. CATO, with unanimous consent, it was ordered that S. 135 (Word version) be read the third time tomorrow.
On motion of Rep. J. BROWN, with unanimous consent, it was ordered that S. 144 (Word version) be read the third time tomorrow.
On motion of Rep. MACK, with unanimous consent, it was ordered that H. 3968 (Word version) be read the third time tomorrow.
The following Bill was taken up:
S. 365 (Word version) -- Senators Leatherman and Knotts: A BILL TO AMEND SECTION 11-35-3030, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOND AND SECURITY FOR CONSTRUCTION CONTRACT PERFORMANCE AND PAYMENT PURSUANT TO THE STATE CONSOLIDATED PROCUREMENT CODE, SO AS TO REDUCE THE MAXIMUM RETENTION AMOUNT FOR EACH INSTALLMENT PENDING COMPLETION OF THE PROJECT FROM FIVE PERCENT TO THREE AND ONE-HALF PERCENT.
Rep. OWENS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 557 (Word version) -- Senator Richardson: A BILL TO AMEND SECTION 42-1-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION BENEFITS OF PRISONERS IN THE CUSTODY OF THE COUNTY PENAL SYSTEM, SO AS TO AUTHORIZE A MUNICIPALITY TO COVER PRISONERS WORKING FOR THE MUNICIPALITY.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\ 3441DW05), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. The last paragraph of Section 42-7-65 of the 1976 Code, as last amended by Act 259 of 1996, is further amended to read:
"The average weekly wage for inmates of the State Department of Corrections as defined in Section 42-1-480 is forty dollars a week. The average weekly wage for county and municipal prisoners is forty dollars a week. The average weekly wage for students of high schools, state technical schools, and state-supported colleges and universities while engaged in work study, marketing education, or apprentice programs on the premises of private companies or while engaged in the Tech Prep or other structured school-to-work programs on the premises of a sponsoring employer is fifty percent of the average weekly wage in the State for the preceding fiscal year." /
Renumber sections to conform.
Amend title to conform.
Rep. CHELLIS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. CHELLIS, with unanimous consent, it was ordered that S. 557 (Word version) be read the third time tomorrow.
The following Bill was taken up:
S. 75 (Word version) -- Senators Knotts, Hutto, O'Dell, Alexander, Cromer and Ford: A BILL TO AMEND SECTION 42-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, OCCUPATIONAL DISEASES, AND THE PRESUMPTION THAT HEART OR RESPIRATORY DISEASES OCCURRING IN FIREFIGHTERS AROSE OUT OF AND IN THE COURSE OF THEIR EMPLOYMENT, SO AS TO PROVIDE THAT A CARDIAC-RELATED INCIDENT RESULTING IN IMPAIRMENT OR INJURY TO A LAW ENFORCEMENT OFFICER RESULTING IN TOTAL OR PARTIAL DISABILITY, OR DEATH, IS PRESUMED TO HAVE ARISEN OUT OF AND IN THE COURSE OF EMPLOYMENT UNDER CERTAIN CONDITIONS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\ 20524SD05), which was adopted:
Amend the bill, as and if amended, in Section 42-11-30 of the 1976 Code as contained in SECTION 1, by striking the second sentence of subsection (B) which begins on line 17, page 2, and inserting /At the time of the incident, the law enforcement officer must be employed as a law enforcement officer of a municipal, county, state, port authority, or other law enforcement agency in this State. /
When amended subsection (B) shall read:
(B) Notwithstanding the provisions of this chapter, for purposes of the South Carolina Workers' Compensation Law, a cardiac-related incident resulting in impairment or injury to a law enforcement officer resulting in total or partial disability, or death, is presumed to have arisen out of and in the course of employment if this impairment or injury developed while actively engaged in, or within twenty-four hours from the date of, a law enforcement incident involving unusual or extraordinary physical exertion, unless the contrary is shown by competent evidence. At the time of the incident, the law enforcement officer must be employed as a law enforcement officer of a municipal, county, state, port authority, or other law enforcement agency in this State. In order to be entitled to the presumption provided by this section, any person becoming a law enforcement officer on or after the effective date of this section must be under thirty-seven years of age and upon entering into the service, must have successfully passed a physical examination which includes a risk factor assessment for coronary artery disease conducted by a competent physician who should counsel on risk factor reduction and consider current medical literature on evaluation and prevention of coronary artery disease in conducting the risk factor assessment. A written report of the examination must have been made and filed with the law enforcement agency, which examination must not have revealed evidence of cardiac impairment or injury. If the law enforcement officer is identified as being a high risk for coronary artery disease during the risk factor assessment and the law enforcement officer fails to undergo, at his own expense, additional medical tests related to discovery of coronary artery disease, he is not entitled to the presumption provided by this section."
Renumber sections to conform.
Amend title to conform.
Rep. CHELLIS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. CHELLIS, with unanimous consent, it was ordered that S. 75 (Word version) be read the third time tomorrow.
The following Bill was taken up:
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.
Rep. CATO made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 637 (Word version) -- Senators Jackson, Malloy, J. V. Smith, Matthews, Reese, Short, McGill, Leventis, Williams, Patterson and Pinckney: A BILL TO AMEND CHAPTER 68, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF STAFF LEASING SERVICES, SO AS TO CHANGE THE TERM "STAFF LEASING SERVICES" TO "PROFESSIONAL EMPLOYER ORGANIZATIONS" AND TO PROVIDE FOR THE LICENSURE AND REGULATION OF THESE ORGANIZATIONS THAT PROVIDE EMPLOYEES TO BUSINESSES GENERALLY ON A LONG TERM BASIS; AND AMONG OTHER THINGS, TO REQUIRE TWO YEARS OF INDUSTRY EXPERIENCE TO BE LICENSED AND TO PROVIDE A GRANDFATHER PROVISION FOR EXISTING LICENSEES PROVIDING THESE SERVICES; TO ESTABLISH CONTINUING EDUCATION REQUIREMENTS; TO AUTHORIZE THE DEPARTMENT OF CONSUMER AFFAIRS TO USE AN ASSURANCE ORGANIZATION TO CERTIFY THE QUALIFICATIONS OF A PROFESSIONAL EMPLOYER ORGANIZATION FOR LICENSURE; TO SPECIFY INSURANCE INFORMATION THAT AN ORGANIZATION MUST PROVIDE TO EMPLOYEES AND THE DEPARTMENT; AND TO FURTHER SPECIFY REQUIREMENTS WHEN PROVIDING EMPLOYEE INSURANCE.
Rep. CATO made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 588 (Word version) -- Senators Martin, Thomas, Bryant, McConnell, Alexander, Hayes and Malloy: A BILL TO AMEND CHAPTER 1 OF TITLE 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM SECURITIES ACT, SO AS TO ENACT THE SOUTH CAROLINA UNIFORM SECURITIES ACT OF 2005, PROVIDING FOR AN ENHANCED ROLE OF THE STATE IN SECURITIES REGULATION AND INVESTOR PROTECTION INCLUDING REGISTRATION OF INITIAL PUBLIC OFFERINGS BY ISSUERS AND CONTROL PERSONS; REGISTRATION OF BROKER-DEALERS AND THEIR AGENTS AND INVESTMENT ADVISORS AND THEIR REPRESENTATIVES; EXPANDED INVESTIGATORY AND ENFORCEMENT POWERS THROUGH SUBPOENA POWER, CRIMINAL PENALTIES SET BY THE STATE, AND STATE CIVIL AND ADMINISTRATIVE LIABILITY; FACILITATION OF ELECTRONIC FILING; AND INVESTOR EDUCATION; TO AMEND SECTION 31-13-200, RELATING TO HOUSING AND REDEVELOPMENT NOTES AND BONDS; SECTION 35-6-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE UNIFORM TRANSFER ON DEATH SECURITY REGISTRATION ACT; SECTION 37-1-202, RELATING TO TRANSACTIONS NOT SUBJECT TO THE CONSUMER PROTECTION CODE; SECTION 38-90-440, AS AMENDED, RELATING TO THE STATE REGISTRATION OF A CAPTIVE INSURANCE COMPANY; AND SECTION 41-44-60, RELATING TO THE PALMETTO SEED CAPITAL FUND, ALL SO AS TO CONFORM CROSS-REFERENCES TO THE UNIFORM SECURITIES ACT OF 2005.
Rep. WHITE made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 16 (Word version) -- Senators Moore, McConnell, Elliott, Hayes, Verdin, Alexander, Fair and Knotts: A BILL TO AMEND SECTION 16-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE THE OFFENSE OF MANUFACTURING METHAMPHETAMINE AS A VIOLENT CRIME; TO AMEND SECTION 44-53-110, RELATING TO THE CONTROLLED SUBSTANCES ACT, SO AS TO AMEND THE DEFINITION OF "PARAPHERNALIA", ADD THE DEFINITIONS OF "COCAINE BASE" AND "METHAMPHETAMINE", AND DELETE THE DEFINITION OF "CRACK COCAINE, ICE, OR CRANK"; TO AMEND SECTION 44-53-365, RELATING TO THEFT OF CONTROLLED SUBSTANCES, SO AS TO INCLUDE THEFT OF PRECURSOR SUBSTANCES; AND TO AMEND SECTION 44-53-375, RELATING TO THE MANUFACTURE OF METHAMPHETAMINE, SO AS TO MAKE POSSESSION OF EQUIPMENT USED IN THE MANUFACTURE OF METHAMPHETAMINE PRIMA FACIE EVIDENCE OF THE INTENT TO MANUFACTURE, AND TO INCLUDE A PUNISHMENT SCHEDULE FOR POSSESSION OF EPHEDRINE, PSEUDOEPHEDRINE, AND PHENYLPROPANOLAMINE.
Rep. G. M. SMITH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 227 (Word version) -- Senators Fair, Campsen and Leventis: 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.
Rep. WEEKS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 307 (Word version) -- Senators Peeler, Verdin, Cromer, Ryberg, Knotts, Alexander and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1885 SO AS TO PROVIDE THE CIRCUMSTANCES WHEN IT IS LAWFUL TO DRIVE A VEHICLE IN THE LEFT LANE OF AN INTERSTATE HIGHWAY, AND TO PROVIDE THE CIRCUMSTANCES UNDER WHICH A TRAFFIC TICKET MAY BE ISSUED FOR THE VIOLATION OF THIS PROVISION.
Rep. G. M. SMITH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3915 (Word version) -- Reps. Pinson, Parks, Anthony and M. A. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-325 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT WHICH ONLY PROVIDES SEWAGE COLLECTION AND DISPOSAL SERVICES TO UTILIZE ANY METHOD OF FINANCING THE CONSTRUCTION OF SEWER LATERAL COLLECTION LINES NOTWITHSTANDING OTHER PROVISIONS OF LAW.
Rep. SIMRILL made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 47 (Word version) -- Senators Cromer, Elliott, Fair, Ford and Ritchie: A BILL TO AMEND SECTION 16-3-652, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE, SO AS TO PROVIDE THAT A CONVICTION OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE CARRIES A MINIMUM TERM OF IMPRISONMENT OF TEN YEARS, NO PART OF WHICH MAY BE SUSPENDED OR PROBATION GRANTED; TO AMEND SECTION 16-3-653, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE, SO AS TO PROVIDE THAT A CONVICTION OF CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE CARRIES A MINIMUM TERM OF IMPRISONMENT OF FIVE YEARS, NO PART OF WHICH MAY BE SUSPENDED OR PROBATION GRANTED; AND TO AMEND SECTION 16-3-655, RELATING TO CRIMINAL SEXUAL CONDUCT WITH A MINOR, SO AS TO PROVIDE THAT AN ACTOR WHO HAS AT LEAST ONE PRIOR CONVICTION FOR A CRIME FOR WHICH THE ACTOR MUST REGISTER AS A SEX OFFENDER PURSUANT TO SECTION 23-3-430 AND WHO ENGAGES IN SEXUAL BATTERY WITH A VICTIM WHO IS LESS THAN SIXTEEN YEARS OF AGE IS GUILTY OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.
Rep. WEEKS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3162 (Word version) -- Reps. Duncan, M. A. Pitts, E. H. Pitts, Taylor, Anthony, W. D. Smith, J. M. Neal, Pinson, Hayes, Jennings, McGee, G. R. Smith, Wilkins, Vaughn, Young, Kirsh, Bailey, Battle, Witherspoon, Ballentine, Hinson, Mahaffey, Toole and Clark: A BILL TO ENACT THE "SOUTH CAROLINA SPORTS OFFICIALS AND COACHES PROTECTION ACT" BY ADDING SECTION 16-3-611 TO THE 1976 CODE SO AS TO MAKE IT UNLAWFUL TO COMMIT AN ASSAULT AND BATTERY UPON A SPORTS OFFICIAL OR COACH DURING AND AFTER AN ATHLETIC CONTEST AND TO PROVIDE PENALTIES FOR VIOLATIONS INCLUDING ENHANCED PENALTIES WHEN A WEAPON IS USED IN THE COMMISSION OF THE CRIME OF ASSAULT AND BATTERY UPON A SPORTS OFFICIAL OR COACH.
Rep. G. M. SMITH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 95 (Word version) -- Senators McConnell, Sheheen, Knotts and Elliott: A BILL TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS AND SECTION 34-36-40, RELATING TO LOAN BROKERS, BOTH SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF CONSUMER AFFAIRS TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE THAT THE DEPARTMENT MAY REQUEST THAT THE ADMINISTRATIVE LAW JUDGE DIVISION IMPOSE A CIVIL FINE FOR A VIOLATION; TO AMEND SECTION 37-6-106, RELATING TO THE INVESTIGATORY POWERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO PROVIDE THAT THE ADMINISTRATOR MAY APPLY TO THE ADMINISTRATIVE LAW COURT, RATHER THAN THE COURT OF COMMON PLEAS, FOR AN ORDER COMPELLING COMPLIANCE WITH A SUBPOENA; TO AMEND SECTIONS 37-6-108 AND 37-6-113, RELATING TO AN ORDER OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO PROVIDE A PROCEDURE FOR THE ADMINISTRATOR TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW COURT'S ORDER AS PROVIDED IN THE ADMINISTRATIVE PROCEDURES ACT AND THE RULES GOVERNING PRACTICE BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 37-6-401, RELATING TO THE POWERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO PROVIDE THAT A CONFLICT BETWEEN THE PROVISIONS OF PART 4, CHAPTER 6, TITLE 37 AND THE ADMINISTRATIVE PROCEDURES ACT MUST BE RESOLVED IN FAVOR OF THE LATTER; TO AMEND SECTION 37-6-414, RELATING TO JUDICIAL REVIEW OF CASES, SO AS TO PROVIDE THAT A PERSON WHO HAS EXHAUSTED ADMINISTRATIVE REMEDIES BEFORE THE ADMINISTRATOR AND WHO IS AGGRIEVED IS ENTITLED TO BRING A CONTESTED CASE HEARING BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 37-11-100, RELATING TO LICENSING AND REGULATION OF CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF CONSUMER AFFAIRS TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW'S ORDER AS PROVIDED IN THE ADMINISTRATIVE PROCEDURES ACT AND THE RULES GOVERNING PRACTICE BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 37-16-70, RELATING TO PREPAID LEGAL SERVICES, SO AS TO PROVIDE FOR NOTICE AND OPPORTUNITY FOR A HEARING BEFORE THE ADMINISTRATIVE LAW COURT BY A PREPAID LEGAL SERVICES COMPANY FOR A VIOLATION OF THE PROVISIONS OF THE CHAPTER, TO PROVIDE THAT THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS MAY ISSUE AN ORDER REQUIRING THE CLUB REPRESENTATIVE TO CEASE AND DESIST FROM THE VIOLATION, AND TO PROVIDE THAT THE CLUB REPRESENTATIVE MAY REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTIONS 39-61-100 AND 39-61-130, BOTH RELATING TO MOTOR CLUB SERVICES, SO AS TO PROVIDE A PROCEDURE FOR THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW COURT'S ORDER AS PROVIDED IN THE ADMINISTRATIVE PROCEDURES ACT AND THE RULES GOVERNING PRACTICE BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 40-39-150, RELATING TO PAWNBROKERS, SECTIONS 40-58-55, 40-58-80, AND 40-58-90, AS AMENDED, ALL RELATING TO MORTGAGE LOAN BROKERS, SECTION 40-68-160, RELATING TO REGULATION OF STAFF LEASING SERVICES, SECTION 44-79-80, RELATING TO PHYSICAL FITNESS SERVICES, SECTION 56-28-110, RELATING TO NOTIFICATION OF SUBSEQUENT PURCHASERS OF A REPURCHASED MOTOR VEHICLE, AND SECTIONS 59-102-70 AND 59-102-170, AS AMENDED, RELATING TO REGISTRATION OF ATHLETE AGENTS, ALL SO AS TO PROVIDE A PROCEDURE FOR A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW COURT'S ORDER AS PROVIDED IN THE ADMINISTRATIVE PROCEDURES ACT AND THE RULES GOVERNING PRACTICE BEFORE THE ADMINISTRATIVE LAW COURT; AND TO REPEAL SECTIONS 37-6-415 AND 37-11-110, RELATING TO APPEALS OF DECISIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS.
Rep. SCOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3362 (Word version) -- Reps. W. D. Smith and Altman: A BILL TO AMEND SECTION 14-7-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISQUALIFICATIONS OF JURORS, SO AS TO CHANGE THE DISQUALIFICATION FOR A PERSON CONVICTED OF A CRIME PUNISHABLE BY IMPRISONMENT FOR MORE THAN ONE YEAR TO A CRIME PUNISHABLE BY IMPRISONMENT OF THIRTY DAYS OR MORE AND TO PROVIDE AN ADDITIONAL DISQUALIFICATION FOR A PERSON WHO HAS CRIMINAL CHARGES PENDING.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7544AHB05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 14-7-810 of the 1976 Code is amended to read:
"Section 14-7-810. (A) In addition to any other provision of law, no person is qualified to serve as a juror in any a court in this State if he:
(1) He has been convicted in a state or federal court of record of has a charge pending against him for the commission of, or has been convicted in a state or federal court of record of, a crime punishable by imprisonment for more than one year and his civil rights have not been restored by pardon or amnesty.
(2) He is unable to read, write, speak, or understand the English language.
(3) He is incapable by reason of mental or physical infirmities to render efficient jury service. Legal blindness does not disqualify an otherwise qualified juror.
(4) He has less than a sixth grade education or its equivalent.
(B) Any A person called to jury service who knows or has good reason to suspect that he is disqualified under pursuant to the provisions of this section, upon questioning by the trial judge, hearing officer, or clerk of court, must state the disqualifying facts or the reasons for his suspicions and any the failure to do so is punishable as contempt of court. The trial judge must make the final determination of the qualifications of a juror as set out provided in this section and his decision must not be disturbed on appeal."
SECTION 2. Article 9, Chapter 7, Title 14 of the 1976 Code is amended by adding:
"Section 14-7-1125. (A) In every criminal court of record when a party that is a governmental agency, entity, or subdivision of government, including a solicitor or governmental prosecutor, has obtained a juror's criminal records, the party must make the records, excluding work product, available at no cost to the opposing party or opposing counsel at least forty-eight hours prior to beginning the process of qualifying the jury venire.
(B) In every civil court of record in which a party has obtained a juror's criminal records, the party must make the records, excluding work product, available to the opposing party or opposing counsel pursuant to the South Carolina Rules of Civil Procedure governing discovery in civil cases."
SECTION 3. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 4. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 5. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. DELLENEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. DELLENEY, with unanimous consent, it was ordered that H. 3362 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3900 (Word version) -- Reps. M. A. Pitts and Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 TO CHAPTER 31, TITLE 23, SO AS TO PROVIDE THAT A LAW ENFORCEMENT AGENCY OR DEPARTMENT MUST ISSUE A PICTURE IDENTIFICATION TO CERTAIN RETIREES UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT THE AGENCY OR DEPARTMENT MUST ALLOW CERTAIN RETIREES TO QUALIFY ANNUALLY WITH A FIREARM, TO PROVIDE THAT AN AGENCY OR DEPARTMENT THAT FAILS TO COMPLY WITH THIS PROVISION SHALL NOT RECEIVE ANY STATE GRANTS OR MONIES, AND TO PROVIDE THAT THE PRIVILEGES CONTAINED IN THIS PROVISION MAY NOT BE CONFERRED UPON A PERSON CONVICTED OF A CRIME THAT WOULD HAVE PREVENTED HIM FROM BECOMING A CERTIFIED LAW ENFORCEMENT OFFICER.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\2665CM05), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Chapter 31, Title 23 of the 1976 Code is amended by adding:
Section 23-31-600. (A) For purposes of this section:
(1) 'identification card' is a photographic identification card complying with 18 U.S.C. Section 926C(d).
(2) 'qualified retired law enforcement officer' means any retired law enforcement officer as defined in 18 U.S.C. Section 926C(c) who at the time of his retirement was certified as a law enforcement officer in this State and who was trained and qualified to carry firearms in the performance of his duties.
(B) An agency or department within this State must comply with Section 3 of the Law Enforcement Officers Safety Act of 2004, 18 U.S.C. Section 926C, by issuing an identification card to any person who retired from that agency or department and who is a qualified retired law enforcement officer.
(C)(1) Subject to the limitations of subsection (E), a qualified retired law enforcement officer may carry a concealed weapon in this State if he possesses an identification card issued pursuant to subsection (C) along with a certification that he has, not less recently than one year before the date the individual is carrying the firearm, met the standards established by the agency for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm.
(2) The firearms certification required by this subsection may be reflected on the identification card or may be in a separate document carried with the identification card.
(D) The restrictions contained in Sections 23-31-220 and 23-31-225 are applicable to a person carrying a concealed weapon pursuant to this section.
(E) An agency or department that does not establish and comply with written procedures for issuing an identification card to a qualified retired law enforcement officer within sixty days after a request is submitted shall not receive any grants or monies from the State, except as may otherwise be required by federal law, and is not entitled to send any individuals for training and education at the South Carolina Criminal Justice Academy.
(F) The agency or department may charge the retired law enforcement officer a reasonable fee for issuing the identification card and must provide the retired officer with the opportunity to qualify to carry a firearm under the same standards for training and qualification for active law enforcement officers to carry firearms. However, the agency or department may, as provided in 18 U.S.C. Section 926C(c)(5), require the retired officer to pay the actual expenses of the training and qualification."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. M. A. PITTS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. M. A. PITTS, with unanimous consent, it was ordered that H. 3900 (Word version) be read the third time tomorrow.
The following Bill was taken up:
S. 268 (Word version) -- Senators Peeler and Cleary: A BILL TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS, AND AMONG OTHER THINGS, TO PROVIDE THAT A BACHELOR OF ARTS OR BACHELOR OF SCIENCE DEGREE IS REQUIRED FOR LICENSURE, TO ESTABLISH LICENSURE BY ENDORSEMENT, TO PROVIDE THAT BY SEPTEMBER 30, 2008, ALL LICENSED OPTOMETRISTS MUST BE LICENSED AS THERAPEUTICALLY-CERTIFIED OPTOMETRISTS, AND TO PROVIDE TRANSITION PROVISIONS.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11825AC05), which was adopted:
Amend the bill, as and if amended, by deleting Section 40-37-240(A)(2) on page 23, lines 30 and 31, so when amended Section 40-37-240(A) reads:
/(A) A person is qualified to receive authorization to practice as an optometrist if the person demonstrates to the satisfaction of the board that he or she:
(1) has submitted a written application in the form prescribed by the board;
(2) was graduated from an accredited school or college of optometry that required four years' attendance and that grants the degree of doctor of optometry, if the schools and courses are approved by the board;
(3) has satisfactorily passed all required examinations recognized or conducted by the board including, but not limited to, the examination of the National Board of Examiners in Optometry;
(4) demonstrates good moral character;
(5) has paid all applicable fees specified by the board. /
Amend the bill further, by deleting Section 40-37-245(2) on page 25, lines 3 and 4, so when amended Section 40-37-245 reads:
/ Section 40-37-245. An optometrist currently licensed and practicing at the therapeutic level in another jurisdiction may obtain a license by endorsement as an optometrist in this State. An applicant for licensure by endorsement must have:
(1) submitted a written application in the form prescribed by the board;
(2) graduated from an accredited school or college of optometry that required four years' attendance and that grants the degree of doctor of optometry, if the schools and courses are approved by the board;
(3) satisfactorily passed all required examinations recognized or conducted by the board including, but not limited to, the examination of the National Board of Examiners in Optometry;
(4) presented to the board evidence that all optometry licenses possessed by the applicant are current and in good standing;
(5) presented to the board proof that no professional licenses granted to the applicant in any other state have been suspended, revoked, or restricted for any reason except nonrenewal or for the failure to obtain the required continuing education; and
(6) paid all applicable fees specified by the board./
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.
On motion of Rep. PARKS, with unanimous consent, it was ordered that S. 268 (Word version) be read the third time tomorrow.
The following Bill was taken up:
S. 321 (Word version) -- Senators Moore and Martin: A BILL TO AMEND CHAPTER 11, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-90 SO AS TO PROVIDE FOR A WAR ROSTER PREPARED AND DISTRIBUTED BY THE DIVISION OF VETERANS AFFAIRS IN THE OFFICE OF THE GOVERNOR TO INCLUDE THE NAME AND PRINCIPAL ITEMS OF RECORD OF PERSONS WHO SERVED ON ACTIVE DUTY DURING CERTAIN CONFLICTS AND AN ORDER OF BATTLE TO INCLUDE THE NAME OF MILITARY UNITS BASED IN SOUTH CAROLINA PARTICIPATING IN CERTAIN CONFLICTS; AND TO REPEAL SECTION 73, PART II OF ACT 164 OF 1993 RELATING TO PUBLICATION AND DISTRIBUTION OF OTHER MILITARY ROSTERS.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20446SD05), which was adopted:
Amend the bill, as and if amended, by striking Section 25-11-90 of the 1976 Code, as contained in SECTION 1, and inserting:
/ "Section 25-11-90. (A) The Division of Veterans Affairs shall prepare a complete roster of all South Carolina members of the United States military who served on active duty during:
(1) the Korean conflict;
(2) the Vietnam conflict;
(3) Operation Urgent Fury (Grenada);
(4) Operation Just Cause (Panama);
(5) Operations Desert Shield and Desert Storm (Iraq and Kuwait);
(6) Operation Restore Hope (Somalia);
(7) Operations Joint Guard, Joint Forge, and Joint Endeavor (Bosnia-Herzegovina);
(8) Operation Joint Guardian (Kosovo);
(9) Operation Noble Eagle (Homeland Defense); and
(10) Operations Enduring Freedom and Iraqi Freedom (Afghanistan, Horn of Africa, Iraq, and Philippines).
This roster shall also include veterans born in South Carolina who served on active duty but may have enlisted in another state. Upon returning to South Carolina, that veteran's name must be added to the roster.
The list must be periodically updated to include persons who serve on active duty or are mobilized in any subsequent named military operation in which United States military personnel are engaged in armed conflict or any future war declared by the United States Congress.
(B) The roster shall contain the principal items of record of all military personnel included on the roster as shown by the service cards or records in the office of State Selective Service, the Adjutant General, and the Department of Defense of the United States. The roster must be arranged in a manner to make the information readily accessible.
(C) The roster also shall contain an Order of Battle to include the name and location of assignment of every unit of the South Carolina National Guard and every active and reserve unit based in South Carolina participating in any of the conflicts listed in subsection (A). The Order of Battle must be periodically updated in conjunction with the roster.
(D) The Division of Veterans Affairs shall secure printing of the roster, and a copy or set must be delivered to the South Carolina Department of Archives and History, Department Headquarters of the American Legion and Auxiliary, Department Headquarters of the Veterans of Foreign Wars and Auxiliary, Department Headquarters of the Disabled American Veterans, county libraries, and each county Veterans Affairs Service Officer. Any remaining copies must be placed in the Office of the Division of Veterans Affairs for distribution as needed.
(E) The preparation and distribution of the roster is subject to the availability of funds as appropriated by the General Assembly to the Governor's Office, Division of Veterans Affairs for this purpose. These rosters and their distribution must be maintained and updated based on workloads and availability of funds.
(F) The inclusion of a person's name on the roster does not entitle the person to any additional benefits or any benefits for which the person would not otherwise qualify." /
Renumber sections to conform.
Amend title to conform.
Rep. BREELAND explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. J. BROWN, with unanimous consent, it was ordered that S. 321 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3591 (Word version) -- Reps. Brady, J. E. Smith, Harrison, Pinson, Agnew, Anthony, Ceips, Chalk, Cobb-Hunter, Frye, Haskins, Hayes, Hinson, Howard, Huggins, Jefferson, Lucas, McGee, E. H. Pitts, M. A. Pitts, Taylor, Umphlett, Whitmire, Witherspoon, Young, Ballentine, Mahaffey, Thompson, Coates and Leach: A BILL TO AMEND SECTION 44-53-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHEDULE V CONTROLLED SUBSTANCES, SO AS TO INCLUDE IN SCHEDULE V ANY COMPOUND CONTAINING PSEUDOEPHEDRINE, TO REQUIRE SUCH COMPOUNDS TO BE DISPENSED ONLY BY A PHARMACIST, OR PHARMACY TECHNICIAN, TO REQUIRE A PICTURE IDENTIFICATION TO PURCHASE SUCH COMPOUNDS, TO LIMIT THE AMOUNT OF SUCH COMPOUND THAT CAN BE PURCHASED IN A THIRTY DAY PERIOD, AND TO PROVIDE THAT LIQUID OR CAPSULE FORMS OF COMPOUNDS WHERE PSEUDOEPHEDRINE IS NOT THE ONLY ACTIVE INGREDIENT ARE NOT SCHEDULE V CONTROLLED SUBSTANCES; AND TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO EXEMPT OTHER PRODUCTS BY REGULATION FROM SCHEDULE V IF THEY ARE NOT USED IN THE ILLEGAL MANUFACTURE OF METHAMPHETMINE.
Rep. M. A. PITTS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up:
H. 4085 (Word version) -- Rep. Townsend: A JOINT RESOLUTION TO CREATE A JOINT STUDY COMMITTEE TO EXAMINE PUBLIC AND PRIVATE SCHOOL CHOICE AND TO PROVIDE FOR THE MEMBERSHIP OF THE STUDY COMMITTEE.
Rep. VAUGHN made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 237 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTIONS 56-1-465 AND 56-1-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROVIDING A PERSON WITH A NOTICE SUSPENDING HIS DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES, SO AS TO REVISE THE NOTIFICATION PROCEDURE.
Rep. VAUGHN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
On motion of Rep. WHIPPER, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs:
H. 3630 (Word version) -- Reps. Whipper, Martin, J. H. Neal, Govan, Anderson, Bales, Barfield, Breeland, G. Brown, J. Brown, Clyburn, Davenport, Hardwick, M. Hines, Jefferson, Lee, Mack, Moody-Lawrence, Rutherford and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-25 SO AS TO REQUIRE A HOSPITAL TO GIVE PATIENTS BEING DISCHARGED FROM THE EMERGENCY ROOM, THE OPTION OF RECEIVING AT LEAST A TWENTY-FOUR HOUR SUPPLY OF ANY MEDICATIONS BEING PRESCRIBED.
On motion of Rep. MILLER, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works:
S. 352 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-810 SO AS TO PROVIDE THAT THE PORTION OF ROADSIDE VEGETATION ADJACENT TO INTERSTATE HIGHWAY 95 IN COLLETON COUNTY BETWEEN MILE MARKERS 52 AND 54 MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.
On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
S. 347 (Word version) -- Senators Lourie, Jackson, Mescher, Ford, Knotts, Cleary, Scott, Short, Patterson, Land, Cromer, Elliott, Ryberg, Grooms and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-25-210 SO AS TO MAKE IT A CRIME TO DEFACE, VANDALIZE, TAMPER WITH, OR REMOVE A POLITICAL CAMPAIGN SIGN, TO PROVIDE AN EXEMPTION, AND TO PROVIDE A PENALTY FOR VIOLATION.
Rep. CATO moved that the House recur to the Morning Hour, which was agreed to.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4158 (Word version) -- Reps. Whipper, Hosey, M. Hines, Breeland, R. Brown, Govan, Leach, Littlejohn and Moody-Lawrence: A BILL TO AMEND SECTION 34-39-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATION FOR LICENSURE AS A DEFERRED PRESENTMENT SERVICE, SO AS TO PROVIDE THAT THE BOARD OF FINANCIAL ADVISORS NOTIFY THE SECRETARY OF STATE OF THE NAME AND ADDRESS OF EACH LICENSEE; TO AMEND SECTION 34-39-160, RELATING TO QUALIFICATIONS FOR LICENSURE AS A DEFERRED PRESENTMENT SERVICE, SO AS TO PROVIDE THAT THE APPLICANT MAY NOT PLACE A LICENSED LOCATION WITHIN A THREE-MILE RADIUS OF AN EXISTING LICENSED LOCATION OR THE LOCATION OF A CHECK-CASHING SERVICE; TO AMEND SECTION 34-39-180, RELATING TO RESTRICTIONS AND REQUIREMENTS FOR PRESENTMENT OR DEPOSIT, SO AS TO LIMIT THE AGGREGATE TOTAL OF ADVANCED MONIES TO ONE CUSTOMER IN ANY THIRTY-ONE DAY PERIOD TO THREE HUNDRED DOLLARS; AND TO AMEND SECTION 34-39-190, RELATING TO BOOKS, ACCOUNTS, AND RECORDS OF A DEFERRED PRESENTMENT SERVICE, SO AS TO PROVIDE THAT THEY MUST BE ACCESSIBLE BY THE DEPARTMENT OF CONSUMER AFFAIRS.
Referred to Committee on Labor, Commerce and Industry
The following Concurrent Resolution was taken up:
H. 4159 (Word version) -- Reps. Wilkins, Merrill and Ott: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 2, 2005, NOT LATER THAN 5:00 P.M., THE HOUSE OF REPRESENTATIVES AND THE SENATE MAY MEET IN STATEWIDE SESSION INDEPENDENTLY OR IN CONJUNCTION WITH THE OTHER HOUSE ON A TUESDAY AT 11:00 A.M. TO BE DETERMINED BY THE SPEAKER OF THE HOUSE AND PRESIDENT PRO TEMPORE OF THE SENATE IN REGARD TO THEIR RESPECTIVE HOUSES UNDER THE TERMS AND CONDITIONS ESTABLISHED HEREIN AND CONTINUING, IF NECESSARY, UNTIL THE FOLLOWING WEDNESDAY NOT LATER THAN 5:00 P.M., TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE UPON THE ADJOURNMENT OF THE AUTHORIZED STATEWIDE SESSIONS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE NOT LATER THAN 5:00 P.M. ON THE WEDNESDAY FOLLOWING THEIR CONVENING, TO PROVIDE FOR THE MATTERS WHICH MAY BE CONSIDERED UNTIL THE EXTENDED SINE DIE ADJOURNMENT DATE, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE NOT LATER THAN 5:00 P.M. ON SEPTEMBER 15, 2005, WHETHER OR NOT THE ABOVE STATEWIDE SESSIONS OF THE HOUSE AND SENATE HAVE BEEN HELD.
Be it resolved by the House of Representatives, the Senate concurring:
(1) Pursuant to the provisions of Article III, Section 21 of the Constitution of this State and Section 2-1-180 of the 1976 Code, the mandatory sine die adjournment date for the General Assembly is extended, as authorized by law, to permit the General Assembly to continue in statewide session after Thursday, June 2, 2005, in the manner authorized by this resolution. The Senate and House of Representatives agree that, when the respective Houses of the General Assembly adjourn on Thursday, June 2, 2005, not later than 5:00 p.m. that the General Assembly stands adjourned sine die as to all matters except as provided in this resolution.
(2) For purposes of Section 1-3-210 of the 1976 Code, the sine die adjournment date is Thursday, June 2, 2005.
(3) The mandatory sine die adjournment date of the General Assembly is extended to not later than 5:00 p.m. on September 15, 2005, to consider the matters contained in this resolution after which time the General Assembly shall stand adjourned sine die. During the period between June 2, 2005, and the extended sine die adjournment date, the House of Representatives at the Speaker's sole discretion and the Senate, at the President Pro Tempore's sole discretion, may later meet in statewide session. This meeting of the respective Houses of the General Assembly shall be solely for the purpose of receipt and consideration of gubernatorial vetoes, receipt of messages, consideration of resolutions expressing congratulations or sympathy, or dealing with sine die adjournment dates, and election of officers to fill any vacancies in the House of Representatives or Senate.
(4) The Speaker of the House and the President Pro Tempore of the Senate may ratify acts at a mutually convenient time after June 2, 2005.
(5) No other meetings of either House are authorized under this resolution after June 2, 2005.
(6) The statewide sessions of the House of Representatives and Senate, called pursuant to this resolution, shall begin at 11:00 a.m. on the Tuesday selected by the Speaker and President Pro Tempore and shall adjourn not later than 5:00 p.m. on the following Wednesday. When the House of Representatives and Senate adjourn not later than 5:00 p.m. on the following Wednesday, the General Assembly shall stand adjourned sine die. If both Houses have not met in statewide session after June 2, 2005, by 5:00 p.m. on September 15, 2005, the General Assembly shall stand adjourned sine die as of 5:00 p.m. on September 15, 2005.
(7) The statewide sessions of the House of Representatives and the Senate may occur independently of the other House and on separate dates or may occur in conjunction with the other House on the same dates. The decision as to when to convene a particular House and on what dates shall rest solely with the Speaker of the House in regard to the House and with the President Pro Tempore of the Senate in regard to the Senate.
(8) The Speaker shall notify all members of the House of Representatives via United States Postal Service First Class Mail of the date of the meeting, and this notice shall be mailed to all House members not later than ten days prior to the date the Speaker selects for the meeting. The President Pro Tempore of the Senate shall notify all members of the Senate of the date of the meeting in the manner the President Pro Tempore deems appropriate.
(9) For purposes of processing state agency regulations under the Administrative Procedures Act, the one hundred twenty day General Assembly review period for regulations is tolled after Thursday, June 2, 2005.
Rep. WILKINS explained the Resolution.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Anderson Bales Ballentine Barfield Bingham Bowers Brady Branham Breeland G. Brown J. Brown Cato Ceips Chalk Chellis Clark Coates Cooper Dantzler Davenport Delleney Edge Emory Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrell Harrison Haskins J. Hines Hiott Hosey Huggins Jefferson Jennings Kirsh Leach Littlejohn Lucas Mack Mahaffey McGee McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Owens Perry Pinson E. H. Pitts M. A. Pitts Rhoad Rice Sandifer Scarborough Scott Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith Stewart Talley Taylor Thompson Toole Townsend Umphlett Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
So, the Concurrent Resolution was adopted and sent to the Senate.
Rep. JENNINGS moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4133 (Word version) -- Reps. J. Brown, Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. 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 CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE BRITTNEY L. JAMES, SENIOR AT DREHER HIGH SCHOOL IN COLUMBIA, FOR HER ATHLETIC PROWESS AS A TRACK AND FIELD STAR AND FOR HER OUTSTANDING LEADERSHIP, AND HER ACADEMIC EXCELLENCE AND TO EXTEND HER THE VERY BEST IN ALL HER FUTURE ENDEAVORS.
H. 4080 (Word version) -- Reps. Littlejohn, Davenport, Mahaffey and Sinclair: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 295 IN SPARTANBURG COUNTY FROM ITS INTERSECTION OF SOUTH CAROLINA HIGHWAY 56 TO ITS INTERSECTION WITH COUNTY ROAD C-1207 (DAIRY RIDGE ROAD) "CAMP CROFT VETERANS MEMORIAL HIGHWAY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "CAMP CROFT VETERANS MEMORIAL HIGHWAY".
H. 4094 (Word version) -- Rep. Perry: A CONCURRENT RESOLUTION COMMENDING THE TOGETHER RX ACCESS PROGRAM AND ENCOURAGING SOUTH CAROLINA'S LEGISLATORS TO EDUCATE CONSTITUENTS ABOUT THE PROGRAM.
H. 4111 (Word version) -- Rep. Rhoad: A CONCURRENT RESOLUTION TO CONGRATULATE THE BAMBERG-EHRHARDT GOLF TEAM ON ITS CLASS A STATE CHAMPIONSHIP, AND TO HONOR THE PLAYERS AND THEIR COACH, GENE WILLIAMS, ON THEIR EXCEPTIONAL SEASON.
H. 4112 (Word version) -- Reps. Walker and Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE THE CHAPMAN HIGH SCHOOL LADY PANTHERS SOFTBALL TEAM OF SPARTANBURG COUNTY ON THEIR STATE CLASS AA CHAMPIONSHIP, AND TO RECOGNIZE THE PLAYERS AND COACH REBECCA PACK ON THEIR OUTSTANDING 2005 SEASON.
H. 4119 (Word version) -- Rep. Walker: A CONCURRENT RESOLUTION TO CONGRATULATE THE LANDRUM HIGH SCHOOL VARSITY BASEBALL TEAM OF LANDRUM IN SPARTANBURG COUNTY ON ITS 2005 STATE CHAMPIONSHIP TITLE AND TO HONOR THE TEAM AND ITS COACH, TRAVIS HENSON, ON A TRULY EXCEPTIONAL SEASON.
H. 4129 (Word version) -- Reps. Perry, 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, 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. 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 CONCURRENT RESOLUTION TO CONGRATULATE THE SOUTH AIKEN HIGH SCHOOL BOYS SOCCER TEAM ON ITS IMPRESSIVE CLASS AAAA STATE CHAMPIONSHIP TITLE, AND TO HONOR THE PLAYERS AND THEIR COACH, PAUL WATERS, ON A TRULY EXCEPTIONAL SEASON.
H. 4130 (Word version) -- Reps. Govan, Ott, Cobb-Hunter, Rhoad, 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, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, 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, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, 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, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE THE CLAFLIN UNIVERSITY ATHLETIC PROGRAM AS AN ATHLETIC POWERHOUSE IN THE EASTERN INTERCOLLEGIATE ATHLETIC CONFERENCE AND TO CONGRATULATE IT ON ITS BEING NAMED THE EASTERN INTERCOLLEGIATE ATHLETIC CONFERENCE'S BEST OVERALL PROGRAM.
H. 4131 (Word version) -- Reps. Rutherford, 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, 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, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF RICHLAND COUNTY DEPUTY SHERIFF BYRON KEITH CANNON, AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND FRIENDS.
H. 4132 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND ONE OF SOUTH CAROLINA'S MOST OUTSTANDING EDUCATORS, DR. LEE C. RAWL, PRINCIPAL OF HONEA PATH ELEMENTARY SCHOOL, FOR HIS EXEMPLARY CAREER AS A TEACHER AND PRINCIPAL UPON THE OCCASION OF HIS RETIREMENT AS PRINCIPAL OF HONEA PATH ELEMENTARY.
H. 4135 (Word version) -- Rep. Pinson: A CONCURRENT RESOLUTION TO CONGRATULATE THE CAMBRIDGE ACADEMY TENNIS TEAM OF GREENWOOD ON ITS IMPRESSIVE 2005 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS A BOYS STATE TENNIS CHAMPIONSHIP TITLE AND HONOR THE PLAYERS AND THEIR COACH, LYNN ISENHOWER, FOR AN EXTRAORDINARY SEASON.
H. 4138 (Word version) -- Rep. Mack: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE SOUTH CAROLINA ASSOCIATION OF THE DEAF AND ITS MEDIA PARTNERS, WIS-TV, WYFF, WCSC, AND WBTW FOR THE CREATION AND OPERATION OF THE REAL-TIME CLOSED CAPTIONING PROJECT AND FOR THEIR COMMITMENT TO PROVIDING EQUAL ACCESS TO INFORMATION FOR THE HEARING IMPAIRED CITIZENS OF OUR STATE.
At 12:30 p.m. the House, in accordance with the motion of Rep. FUNDERBURK, adjourned in memory of John W. Martin, Jr., of Camden, to meet at 10:00 a.m. tomorrow.
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