Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Proverbs 14:23: "All hard work brings a profit but mere talk leads to poverty."
Let us pray. Almighty God, help us to work together to serve You and the people of South Carolina. Encourage us to work together to accomplish the agenda at hand. Open our hearts and minds to seek the better way. Thank You for all that has been accomplished through Your guidance. Look in favor upon our Nation, President, State and her leaders. Protect and keep in safety our defenders of freedom. Hear our prayer, O Lord. 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 Bonner of Camden, which was agreed to.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4254 (Word version) -- Reps. Whipper, Cotty, R. Brown, Rutherford, Townsend, J. H. Neal, Anthony, Bales, Breeland, J. Brown, Davenport, Howard, Jefferson, Mack and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-15-915 SO AS TO PROVIDE THAT DURING THE HOURS OF SEVEN A.M. TO NINE A.M., TWELVE O'CLOCK NOON UNTIL 2:00 P.M., AND FOUR P.M. UNTIL SIX P.M. IN ORDER NOT TO CAUSE A HAZARD TO PUBLIC VEHICULAR TRANSPORTATION, A TRAIN IN MUNICIPALITIES HAVING A POPULATION OF MORE THAN TWENTY-FIVE THOUSAND PERSONS MAY NOT BLOCK FOUR LANE INTERSECTIONS FOR MORE THAN FIVE MINUTES.
Referred to Committee on Education and Public Works
The following was introduced:
H. 4255 (Word version) -- Rep. Allen: A HOUSE RESOLUTION TO CONGRATULATE THE ALL-GIRL "VEX CHALLENGE ROBOTEERS" OF CAROLINA HIGH SCHOOL AND ACADEMY IN GREENVILLE COUNTY FOR WINNING THE "AMAZE" AWARD IN THE "FOR INSPIRATION AND RECOGNITION OF SCIENCE AND TECHNOLOGY" CHAMPIONSHIP.
The Resolution was adopted.
The following was introduced:
H. 4256 (Word version) -- Rep. Allen: A HOUSE RESOLUTION TO CONGRATULATE SOUTHSIDE HIGH SCHOOL OF GREENVILLE COUNTY FOR BEING RANKED NUMBER ONE HUNDRED FIFTY-FIVE IN NEWSWEEK'S LIST OF THE TOP ONE THOUSAND PUBLIC HIGH SCHOOLS IN THE NATION.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Allen Altman Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady Branham Breeland J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrell Harrison Herbkersman Hinson Hiott Hosey Jefferson Kennedy Kirsh Leach Limehouse Littlejohn Loftis Mahaffey Martin McCraw McGee McLeod Merrill Miller J. M. Neal Norman Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith Stewart Talley Taylor Toole Townsend Umphlett Vaughn Vick Walker Weeks Whipper White Whitmire Wilkins Young
I came in after the roll call and was present for the Session on Wednesday, June 1.
Jesse Hines Jackie Hayes James Lucas Bessie Moody-Lawrence David Mack William Witherspoon Gloria Haskins Chip Huggins Grady Brown Doug Smith Marty Coates Michael Thompson Douglas Jennings Joseph Neal Denny Neilson Bill Cotty Leon Howard Thad Viers Brenda Lee
The SPEAKER granted Rep. F. N. SMITH a leave of absence for the day due to a death in the family.
Reps. RHOAD and HOSEY presented to the House the Denmark-Olar Lady Vikings Track Team, the Class A Champions, their coach and other school officials.
Rep. HARRELL and the Charleston Delegation presented to the House the West Ashley High School Lady Wildcats Soccer Team, the Class AAAA Champions, their coach and other school officials.
Rep. PERRY and the Aiken Delegation presented to the House the South Aiken High School Boys Soccer Team, the Class AAAA Champions, their coach 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. 3591 (Word version)
Date: REMOVE:
06/01/05 UMPHLETT
S. 1 -- Conference Report
The General Assembly, Columbia, S.C., May 31, 2005
The COMMITTEE OF CONFERENCE, to whom was referred: (Doc Name: Council\swb\6592cm05.doc)
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.
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 therein the following:
/ SECTION 1. Section 56-5-6450 of the 1976 Code is amended to read:
"Section 56-5-6450. No A person shall not be subjected to a custodial arrest for violation of violating the provisions of this article. Any A person violating adjudicated to be in violation of the provisions of this article shall upon conviction must be fined not more than twenty-five dollars, no part of which may be suspended. The court shall waive any fine against any person who, before, or upon the appearance date on the summons, supplies the court with evidence of acquisition, purchase or rental of a child restraint system meeting the requirements of this article. Court costs, assessments, or surcharges may not be assessed against a person who violates a provision of this article."
SECTION 2. Section 56-5-6525 of the 1976 Code, as added by Act 65 of 2001, is amended to read:
"Section 56-5-6525. (A) The Department of Public Safety or any other law enforcement agency must not use a 'Click It or Ticket' campaign or a similar endeavor of systematic checkpoints or roadblocks as a law enforcement tool where the principal purpose is to detect and issue a ticket to a violator of the provisions of this article on either a primary or secondary basis.
(B) A person must not be issued a citation at any checkpoint established to stop all drivers on a certain road for a period of time for removing their seatbelts in order to retrieve documentation that must be produced at the checkpoint."
SECTION 3. Section 56-5-6530 of the 1976 Code, as last amended by Act 65 of 2001, is further amended to read:
"Section 56-5-6530. The provisions of this article do not apply to:
(1) a driver or occupant who possesses a written verification from a physician that he is unable to wear a safety belt for physical or medical reasons;
(2) medical or rescue personnel attending to injured or sick individuals in an emergency vehicle when operating in an emergency situation as well as the injured or sick individuals;
(3) school, church, or day care buses;
(4) public transportation vehicles except taxis;
(5) occupants of vehicles in parades;
(6) United States mail carriers;
(7) an occupant for which no safety belt is available because all belts are being used by other occupants;
(8) a driver or occupant frequently stopping or leaving a motor vehicle for pick up or delivery purposes;
(9) occupants of the back seat of a motor vehicle unless the vehicle is equipped with a shoulder harness in addition to the lap belt;
(10) children under six years of age who must be properly restrained as provided by Article 47, Chapter 5 of Title 56;
(11) a driver or occupants in a vehicle not originally equipped with safety belts."
SECTION 4. Section 56-5-6540 of the 1976 Code, as last amended by Act 65 of 2001, is further amended to read:
"Section 56-5-6540. (A) A person who violates is adjudicated to be in violation of the provisions of this article, upon conviction, must be fined not more than twenty-five dollars, all or part no part of which may be suspended. No court costs, assessments, or surcharges may be assessed against the a person convicted who violates a provision of this article. No A person may must not be fined more than fifty dollars for any one incident of one or more violations of the provisions of this article. No A custodial arrest for a violation of this article may must not be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A conviction for violation of this article does not constitute a criminal offense. Notwithstanding Section 56-1-640, a conviction for a violation of this article must not be:
(1) included in the offender's motor vehicle records maintained by the Department of Motor Vehicles or in the criminal records maintained by SLED; or
(2) reported to the offender's motor vehicle insurer.
(B) A law enforcement officer must not stop a driver for a violation of this article in the absence of another violation of the motor vehicle laws except as follows: issue a citation to a driver or a passenger for a violation of this article when the stop is made in conjunction with a driver's license check, safety check, or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time, except when the driver is cited for violating another motor vehicle law. The driver and any passenger shall be required to buckle up before departing the checkpoint and should the driver or the passenger refuse, then the person refusing may be charged with a primary violation.
(1) when the officer has probable cause for a violation of this article based on his clear and unobstructed view of a driver seventeen years of age or younger or an occupant of the motor vehicle seventeen years of age or younger who is not wearing a safety belt or is not secured in a child restraint system as required by Article 47; or
(2) when the stop is made in conjunction with a driver's license check or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time.
(C) A citation for a violation of this article, except for a citation issued pursuant to a stop made under subsection (B)(1), must not be issued without citing the violation that initially caused the officer to effect the enforcement stop.
(D) A citation issued pursuant to a stop made under subsection (B)(1) may be issued without citing any other violation.
(E)(B) A violation of this article does is not constitute negligence per se or contributory negligence, and is not admissible as evidence in a civil action.
(F)(C) No A vehicle, driver, or occupant in a vehicle may must not be searched, nor may consent to search be requested by a law enforcement officer, solely because of a violation of this article or a stop made under subsection (B)(1).
(D) A law enforcement officer must not stop a driver for a violation of this article except when the officer has probable cause that a violation has occurred based on his clear and unobstructed view of a driver or an occupant of the motor vehicle who is not wearing a safety belt or is not secured in a child restraint system as required by Article 47 of this chapter.
(E) A person charged with a violation of this article may admit or deny the violation, enter a plea of nolo contendere, or be tried before either a judge or a jury. If the trier of fact is convinced beyond a reasonable doubt that the person was not wearing a safety belt at the time of the incident, the penalty is a civil fine pursuant to Section 56-5-6540. If the trier of fact determines that the State has failed to prove beyond a reasonable doubt that the person was not wearing a safety belt, no penalty shall be assessed.
(F) A person found to be in violation of this article may bring an appeal to the court of common pleas pursuant to Section 18-3-10 or Section 14-25-95."
SECTION 5. Article 48, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-6560. (A) Any time a motor vehicle is stopped by a state or local law enforcement officer without a citation being issued or an arrest being made, the officer who initiated the stop must complete a data collection form designed by the Department of Public Safety that must include information regarding the age, gender, and race or ethnicity of the driver of the vehicle. This information may be gathered and transmitted electronically under the supervision of the department which shall develop and maintain a database storing the information collected. The department must promulgate rules and regulations with regard to the collection and submission of the information gathered.
(B) The Department of Public Safety shall develop and maintain a database for the information submitted to the department under subsection (A) and prepare a report to be posted on the department's website regarding motor vehicle stops using the collected information.
(C) The General Assembly shall have the authority to withhold any state funds or federal pass-through funds from any state or local law enforcement agency that fails to comply with the requirements of this section.
(D) This section must be reviewed by the Senate Transportation Committee and the House of Representatives Education and Public Works Committee during the 2010 Session of the General Assembly. The committees must make recommendations of appropriate changes, if any, to this section before the end of the 2010 Session."
SECTION 6. Chapter 5 of Title 56 of the 1976 Code is amended by adding:
"Section 56-5-6565. (A) The Department of Public Safety shall develop and implement education programs designed to create awareness of the State's safety belt laws and to increase safety belt use in rural and ethnically diverse areas throughout the State. The Department of Public Safety, when securing consultant, contractor, and subcontractor services for developing and implementing programs related to safety belt laws, shall select providers that have experience working with the communities the provider is procured to target. The Department of Public Safety shall confer with members of the targeted communities for input on the development of effective safety education programs and on the identification of providers that have the appropriate experience with the targeted communities.
(B) The Department of Transportation may develop additional programs to promote safety belt use or may coordinate with the Department of Public Safety to fund and carry out the programs jointly. If there is coordination between the two departments, the Department of Public Safety has final authority on all issues, including, but not limited to, program content and dissemination, allocation of funds, and procurement procedures.
(C) The Department of Public Safety may use available federal funds or private sector contributions to meet the requirements of subsection (A). The General Assembly may provide funds to supplement federal or private sector funds used by the Department of Public Safety or the Department of Transportation to develop and implement the programs described in subsection (A). The General Assembly shall provide the Department of Public Safety the funds necessary to meet the requirements of subsection (A), if federal or private sector funds are unavailable."
SECTION 7. Section 56-5-6430 of the 1976 Code is repealed.
SECTION 8. This act takes effect six months after the date of approval by the Governor except the requirements of SECTION 5 relating to the Department of Public Safety take effect on July 1, 2006, and the requirements of SECTION 5 relating to local law enforcement take effect July 1, 2007./
Amend title to read:
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 AND TO PROVIDE THAT COURT COSTS, ASSESSMENTS, OR SURCHARGES MAY NOT BE ASSESSED AGAINST A PERSON WHO VIOLATES A PROVISION RELATING TO THE USE OF A CHILD PASSENGER RESTRAINT SYSTEM; TO AMEND SECTION 56-5-6525, RELATING TO LIMITS ON THE USE OF CHECKPOINTS OR ROADBLOCKS TO ENFORCE THE STATE'S MANDATORY USE OF SAFETY BELT PROVISIONS, SO AS TO PROVIDE THAT A PERSON MUST NOT BE ISSUED A CITATION AT ANY CHECKPOINT ESTABLISHED TO STOP ALL DRIVERS ON A ROAD FOR A PERIOD OF TIME FOR REMOVING THEIR SAFETY BELTS IN ORDER TO RETRIEVE DOCUMENTATION THAT MUST BE PRODUCED AT THE CHECKPOINT; TO AMEND SECTION 56-5-6530, AS AMENDED, RELATING TO EXCEPTIONS TO THE MANDATORY USE OF SAFETY BELTS AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT A DRIVER OR OCCUPANT FREQUENTLY STOPPING OR LEAVING A MOTOR VEHICLE FOR PICK UP OR DELIVERY PURPOSES, OCCUPANTS OF THE BACK SEAT OF A MOTOR VEHICLE, AND CERTAIN CHILDREN UNDER SIX YEARS OF AGE ARE NOT EXEMPT FROM THE SAFETY BELT REQUIREMENT; TO AMEND SECTION 56-5-6540, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF THE SAFETY BELT LAW AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT A VIOLATION OF THE PROVISIONS RELATING TO SAFETY BELT USE MUST BE REPORTED TO THE OFFENDER'S MOTOR VEHICLE INSURER, TO PROVIDE THAT A VEHICLE, DRIVER, OR OCCUPANT IN A VEHICLE MUST NOT BE SEARCHED PURSUANT TO THIS PROVISION, TO PROVIDE THAT A LAW ENFORCEMENT OFFICER MUST NOT ISSUE A CITATION TO A DRIVER OR PASSENGER UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE FOR THE PRIMARY ENFORCEMENT OF THE PROVISIONS THAT REQUIRE THE DRIVER AND PASSENGERS OF A MOTOR VEHICLE TO BE RESTRAINED BY A SAFETY BELT, TO PROVIDE A PENALTY FOR A VIOLATION OF THIS PROVISION, AND TO PROVIDE FOR JUDICIAL REVIEW OF A DECISION RENDERED PURSUANT TO THIS SECTION; TO ADD SECTION 56-5-6560 SO AS TO PROVIDE THAT ANYTIME A MOTOR VEHICLE IS STOPPED BY A LAW ENFORCEMENT OFFICER WITHOUT A CITATION BEING ISSUED OR AN ARREST BEING MADE, THE OFFICER WHO INITIATED THE STOP MUST COMPLETE A DATA COLLECTION FORM THAT CONTAINS CERTAIN INFORMATION THAT MUST BE PLACED IN A DEPARTMENT OF PUBLIC SAFETY DATABASE, TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL HAVE THE AUTHORITY TO WITHHOLD CERTAIN FUNDS FROM A LAW ENFORCEMENT AGENCY THAT FAILS TO COMPLY WITH THIS SECTION, AND TO PROVIDE FOR THE REVIEW OF THE PROVISIONS CONTAINED IN THIS SECTION BY CERTAIN COMMITTEES OF THE GENERAL ASSEMBLY; TO ADD SECTION 56-5-6565 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL DEVELOP AND IMPLEMENT EDUCATION PROGRAMS DESIGNED TO CREATE AWARENESS OF THE STATE'S SAFETY BELT LAWS AND TO INCREASE SAFETY BELT USE; AND TO REPEAL SECTION 56-5-6430, RELATING TO EXEMPTING CERTAIN MOTOR VEHICLE PASSENGERS FROM WEARING A VEHICLE RESTRAINT DEVICE.
Hon. W. Greg Ryberg Hon. Ronald P. Townsend Hon. James H. Ritchie, Jr. Hon. Phil Owens Hon. Joel Lourie Hon. Jerry N. Govan, Jr. On Part of the Senate. On Part of the House.
Rep. TOWNSEND explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 896 (Word version) -- Senators Matthews and Hutto: A BILL TO AMEND ACT 526 OF 1996, AS AMENDED, RELATING TO THE ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICTS, THE ELECTIONS OF BOARDS OF TRUSTEES OF THESE DISTRICTS AND THEIR POWERS AND DUTIES, THE ELECTION OF THE ORANGEBURG COUNTY BOARD OF EDUCATION AND ITS POWERS AND DUTIES, THE AUTHORITY AND PROCEDURES FOR LEVYING, COLLECTING, AND DISBURSING MILLAGE, SO AS TO ABOLISH THE ORANGEBURG COUNTY BOARD OF EDUCATION, TO CREATE THE ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICT FISCAL COMMISSION, AND TO REVISE CERTAIN POWERS AND DUTIES AND CERTAIN PROCEDURES FOR LEVYING, COLLECTING, AND DISBURSING MILLAGE.
S. 893 (Word version) -- Senator McGill: A BILL TO AMEND ACT 1095 OF 1962, RELATING TO, AMONG OTHER THINGS, THE LOWER FLORENCE COUNTY HOSPITAL BOARD OF DIRECTORS AND THE POWERS AND DUTIES OF THE BOARD, SO AS TO ADD THE POWER TO PLEDGE THE PROCEEDS FROM FUTURE REVENUES RECEIVED AS COLLATERAL FOR THE PURPOSES OF SECURING FINANCING NECESSARY TO MAINTAIN THE OPERATIONS OF THE HOSPITAL.
S. 855 (Word version) -- Senators Knotts, Courson, Cromer and Setzler: A BILL TO AMEND SECTION 7-7-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LEXINGTON COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF LEXINGTON 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. 870 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 7-7-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN EDGEFIELD COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF EDGEFIELD COUNTY, TO DESIGNATE 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, TO PROVIDE THAT THE POLLING PLACES FOR EDGEFIELD COUNTY MUST BE DETERMINED BY THE REGISTRATION AND ELECTIONS COMMISSION FOR EDGEFIELD COUNTY WITH THE APPROVAL OF A MAJORITY OF THE EDGEFIELD COUNTY LEGISLATIVE DELEGATION, AND TO CORRECT ARCHAIC LANGUAGE.
S. 863 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 7-7-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN WILLIAMSBURG COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN WILLIAMSBURG COUNTY, TO 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.
The following Bill and Joint Resolution were taken up, read the third time, and ordered returned to the Senate with amendments:
S. 286 (Word version) -- Senator Hawkins: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN INMAN, SOUTH CAROLINA, TO THE SPARTANBURG COUNTY DISTRICT ONE SCHOOL BOARD.
S. 659 (Word version) -- Senators Campsen, Scott, Alexander, Ryberg, J. V. Smith, Mescher, Drummond, Knotts, Malloy, Bryant, Elliott, Grooms, Cromer, Hutto, Sheheen, Pinckney, Verdin, Short, Leventis, Hawkins, Fair, O'Dell, McGill and Peeler: A BILL TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO REVISE THE PROCEDURES TO RENEW A CONCEALABLE WEAPONS PERMIT.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 4188 (Word version) -- Reps. Townsend, Agnew, Cooper, Martin, Thompson and White: A BILL TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO ADD AND REVISE CERTAIN VOTING PRECINCTS IN ANDERSON COUNTY, TO 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 LANGUAGE.
H. 4190 (Word version) -- Rep. Leach: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENVILLE COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF GREENVILLE COUNTY, TO 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 LANGUAGE.
H. 4221 (Word version) -- Rep. Miller: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-35 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HUNT MIGRATORY WATERFOWL IN GEORGETOWN COUNTY IN CERTAIN PORTIONS OF MURRELL'S INLET CREEK WITHIN ONE HUNDRED YARDS OF A RESIDENCE OR BUSINESS.
The following Bill was read the third time, passed and, 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:
S. 654 (Word version) -- Senators Campsen, Peeler, Drummond, O'Dell, Knotts, Verdin, McGill, Cromer, Bryant, Mescher, Hawkins, Scott, Elliott and Fair: A BILL TO AMEND SECTION 23-31-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION THAT A PERSON MUST COMPLETE WHEN HE PURCHASES A PISTOL AND CERTAIN RESTRICTIONS PLACED ON A PERSON WHO PURCHASES A PISTOL, SO AS TO DELETE THE PROVISION THAT REQUIRES A PERSON TO COMPLETE THE APPLICATION, AND TO MAKE TECHNICAL CHANGES; AND TO AMEND SECTION 23-31-150, RELATING TO THE ISSUANCE, DURATION, CONDITIONS PLACED ON, AND FORFEITURE OF A FIREARMS RETAIL DEALER'S LICENSE, SO AS TO DELETE THE PROVISION THAT REQUIRES A RECORD TO BE MADE OF EVERY PISTOL SOLD ON A FIREARM TRANSACTION RECORD FORM, TO DELETE THE PROVISION THAT REQUIRES A DEALER TO MAKE AVAILABLE FOR INSPECTION BY THE STATE LAW ENFORCEMENT DIVISION ALL RECORDS HE IS REQUIRED TO MAINTAIN, AND TO DELETE THE PROVISION THAT PENALIZES A LICENSED DEALER FOR GIVING FALSE INFORMATION ON AN APPLICATION FOR PURCHASE OR TRANSFER OF A FIREARM.
Rep. DELLENEY explained the Bill.
The following Bill was taken up:
S. 736 (Word version) -- Senators Ryberg and Peeler: A BILL TO AMEND SECTION 56-3-7780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF "VIETNAM WAR VETERANS SPECIAL LICENSE PLATES" SO AS TO PROVIDE THAT ONLY VIETNAM WAR VETERANS WHO SERVED ON ACTIVE DUTY AT ANYTIME DURING THE PERIOD OF FEBRUARY 28, 1961, TO MAY 7, 1975, MAY BE ISSUED THIS SPECIAL LICENSE PLATE.
Rep. MERRILL proposed the following Amendment No. 2 (Doc Name COUNCIL\MS\7590CM05), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION ___. Section 56-3-8800 of the 1976 Code, as added by Act 104 of 2001, is amended to read:
"Section 56-3-8800. (A) Notwithstanding another provision of law, The the department may issue special motor vehicle license plates to World War II veterans or their spouses for private motor vehicles registered in their names. The fee for the issuance of this special motor vehicle license plate is twenty dollars biennially, which must be distributed to the State Department of Education and used to support and promote ROTC programs in the state's public schools. This twenty dollar fee shall be in addition to the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title.
(B) Before the department produces and distributes a special license plate pursuant to this section, it must receive:
(1) four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit.
(2) a plan to market the sale of the special license plate that must be approved by the department.
(C) If the department receives less than three hundred biennial applications and renewals for a particular license plate, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted." /
Renumber sections to conform.
Amend title to conform.
Rep. HINSON explained the amendment.
The amendment was then adopted.
Rep. BINGHAM proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\11897AC05):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-4600. (A) The department may issue special license plates for use on a private passenger motor vehicle owned or leased by residents of this State which separately honor the United States Army, United States Navy, United States Marines Corps, United States Air Force, and the United States Coast Guard. The biennial fee for the special license plate is the regular motor vehicle license plate fee contained in Article 5, Chapter 3 of this title plus thirty dollars. These revenues must be deposited in the general fund of the State.
(B) The special license plates must be of the same size and general design as regular motor vehicle license plates. The department shall imprint the special license plates with a distinctive emblem approved by the United States Department of Defense and United States Department of Transportation, as applicable, which distinguishes each branch of the United States Armed Services."/
Renumber sections to conform.
Amend title to conform.
Rep. BINGHAM explained the amendment.
Rep. BINGHAM moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
S. 210 (Word version) -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-45-185, SO AS TO ALLOW THE COUNTY TREASURER TO WAIVE LATE PAYMENT PENALTIES ON PROPERTY TAXES WHEN THE TAXPAYER APPLIES IN WRITING TO THE TREASURER FOR THE WAIVER AND INCLUDES DOCUMENTATION IN THE APPLICATION SUFFICIENT FOR THE TREASURER TO CONCLUDE THAT THE TAXPAYER MADE TIMELY PAYMENT AND TO PROVIDE THAT ALLOWING THE WAIVER IS WITHIN THE SOLE DISCRETION OF THE COUNTY TREASURER AND IS NOT SUBJECT TO APPEAL.
Rep. COOPER moved to recommit the Bill to the Committee on Ways and Means, which was agreed to.
The following Bill was taken up:
S. 140 (Word version) -- Senators Hayes and Campsen: A BILL TO AMEND SECTION 12-6-3535 OF THE 1976 CODE, AS AMENDED, RELATING TO THE STATE INCOME TAX CREDIT ALLOWED TAXPAYERS MAKING QUALIFIED REHABILITATION EXPENDITURES FOR A CERTIFIED HISTORIC STRUCTURE IN THIS STATE, TO EXTEND THE CREDIT TO LICENSE TAXES AND TO CLARIFY THE APPLICATION OF THE CREDIT TO PASS-THROUGH ENTITIES.
Rep. LIMEHOUSE proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20602SD05), which was ruled out of order:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ____. A. Chapter 3, Title 54 of the 1976 Code is amended by adding:
Section 54-3-1200. (A)(1) A fingerprint-based criminal history check must be performed by the South Carolina Law Enforcement Division and the Federal Bureau of Investigation on new hires, all existing employees, on persons seeking issuance or renewal of State Ports Authority credentials, and all other persons on terminals engaged in activities related to cargo movement on a State Ports Authority facility. Subsequent to the issuance or renewal of State Ports Authority credentials, a criminal history check must be performed by the State Ports Authority every two years for six years from the date the credentials are issued, at which time a new fingerprint-based criminal history check is required.
(2) For purposes of this section, employees who are engaged in activities related to cargo movement on State Ports Authority facilities are State Ports Authority employees, stevedores, companies registered to operate on State Ports Authority facilities, and members of the International Longshoremen's Association.
(3) This section does not apply to those making deliveries to or from State Ports Authority facilities.
(B) An individual subject to the background criminal history check must file a complete set of fingerprints with SLED taken in a manner required by the division. Fingerprints must be submitted to SLED for state processing and the FBI for federal processing. The results of each fingerprint-based check must be reported to the State Ports Authority, to other employers, SLED, and the FBI, and the State Ports Authority facility shall be subject to both state and federal National Crime Information Center auditing procedures. The costs of the criminal history checks must be paid by the employing entity or by the person being checked.
(C) A person who within the seven years preceding the date of the criminal history check has been convicted of or pleaded guilty or nolo contendere to a violent crime as contained in Section 16-1-60 or an act of terrorism may not work within a State Ports Authority facility.
However, if a person remains free from a subsequent conviction for any of these crimes for a period of seven years following completion of his sentence, including incarceration, probation, and parole, he is eligible to work within a State Ports Authority facility."
B. This section takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. LIMEHOUSE explained the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 1 was out of order in that it was not germane to the Bill.
ACTING SPEAKER CATO sustained the Point of Order and ruled the amendment out of order.
Rep. COOPER explained the Bill.
Rep. BALES proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\20608SD05), which was adopted:
Amend the bill, as and if amended, by adding a new section appropriately numbered to read:
/SECTION ___. A. Section 12-37-224 of the 1976 Code is amended by adding a new paragraph at the end to read:
"The provisions of this section also apply to trailers used for camping and recreational travel that are pulled by a motor vehicle if the trailers meet the requirements of this section."
B. This section takes effect upon approval by the Governor and is applicable for travel trailer property tax years beginning after 2005. /
Renumber sections to conform.
Amend title to conform.
Rep. BALES explained the amendment.
The amendment was then adopted.
Rep. HERBKERSMAN proposed the following Amendment No. 3 (Doc Name COUNCIL\PT\2722SD05), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 12-43-215 of the 1976 Code is amended to read:
"Section 12-43-215. When owner-occupied residential property assessed pursuant to Section 12-43-220(c) is valued for purposes of ad valorem taxation, the value of the land must be determined on the basis that its highest and best use is for residential purposes. When a property owner or an agent for a property owner appeals the value of a property assessment, the assessor shall consider the appeal and make any adjustments, if warranted, based on the market values of real property as they existed in the year that the equalization and reassessment program was conducted and on which the assessment is based. /
Renumber sections to conform.
Amend title to conform.
Rep. HERBKERSMAN explained the amendment.
The amendment was then adopted.
Rep. COOPER explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 671 (Word version) -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3575 SO AS TO ALLOW A TAX CREDIT OF FIFTY PERCENT OF THE TOTAL AMOUNT OF PREMIUMS PAID BY A TAXPAYER PURSUANT TO AN INDIVIDUAL POLICY FOR HEALTH INSURANCE COVERAGE, UP TO THREE THOUSAND DOLLARS FOR EACH TAXABLE YEAR FOR EACH COVERED INDIVIDUAL, AND TO PROHIBIT A DOUBLE BENEFIT.
Rep. COOPER moved to recommit the Bill to the Committee on Ways and Means, which was agreed to.
The following Bill was taken up:
S. 490 (Word version) -- Senator Land: A BILL TO AMEND SECTION 5-7-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF DELINQUENT AD VALOREM PROPERTY TAX BY A MUNICIPALITY, SO AS TO MAKE A LIEN FOR MUNICIPAL TAXES WHEN PAYING A LIEN FOR STATE OR COUNTY TAXES, A FIRST LIEN WHEN PAYMENT OF A MUNICIPAL LIEN IS NOT MADE; AND TO AMEND SECTION 12-51-130, AS AMENDED, RELATING TO THE EXECUTION AND DELIVERY OF A TAX TITLE, SO AS TO PROVIDE THAT, IF THE TAX SALE OF AN ITEM PRODUCES MORE CASH THAN THE FULL AMOUNT DUE, THE COVERAGE MUST BE APPLIED TO ANY OUTSTANDING MUNICIPAL TAX LIENS ON THE PROPERTY.
Rep. COBB-HUNTER proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3471DW05):
Amend the bill, as and if amended, Section 5-7-300(A), SECTION 1, page 2, line 2, by inserting at the end a new sentence to read:
/ The government entity shall give notice to the mortgagee at the beginning of the procedure for the collection of the delinquent real and personal property taxes. /
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. SANDIFER requested debate on the Bill.
Rep. COBB-HUNTER continued speaking.
Reps. TRIPP, LOFTIS, G. R. SMITH, WHITMIRE, J. BROWN, CLEMMONS and KIRSH requested debate on the Bill.
Reps. DUNCAN, WITHERSPOON, M. A. PITTS, LOFTIS, D. C. SMITH and G. R. SMITH withdrew their requests for debate on H. 3591 (Word version); however, other requests for debate remained on the Bill.
Rep. MCLEOD asked unanimous consent to recall S. 882 (Word version) from the Committee on Ways and Means.
Rep. KIRSH objected.
The Senate amendments to the following Bill were taken up for consideration:
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. HARRISON explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
At 11:30 a.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:
(R137, S. 27 (Word version)) -- Senators Leatherman and Elliott: AN ACT TO AMEND CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-4-36 SO AS TO PROVIDE FOR THE NOTIFICATION OF A MUNICIPALITY OR COUNTY BY THE TOURISM EXPENDITURE REVIEW COMMITTEE IF THE COMMITTEE FINDS AN EXPENDITURE TO BE IN NONCOMPLIANCE, TO PROVIDE FOR A PROCEDURE FOR REFUNDING THE AMOUNT FOUND IN NONCOMPLIANCE, TO PROVIDE FOR ACTIONS TO BE TAKEN AGAINST A MUNICIPALITY OR COUNTY THAT DOES NOT REFUND THE NONCOMPLIANT AMOUNT, TO PROVIDE A PROCEDURE FOR CERTIFICATION BY THE MUNICIPALITY OR COUNTY TO THE COMMITTEE THAT NONCOMPLIANT AMOUNTS HAVE BEEN REFUNDED, TO PROVIDE THE FISCAL YEARS TO WHICH THE ABOVE PROVISIONS APPLY, AND TO PROVIDE THAT THIS SECTION IS REPEALED JUNE 30, 2006.
(R138, S. 307 (Word version)) -- Senators Peeler, Verdin, Cromer, Ryberg, Knotts, Alexander and Thomas: AN ACT 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.
(R139, S. 347 (Word version)) -- Senators Lourie, Jackson, Mescher, Ford, Knotts, Cleary, Scott, Short, Patterson, Land, Cromer, Elliott, Ryberg, Grooms and Gregory: AN ACT 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 LAWFULLY PLACED POLITICAL CAMPAIGN SIGN PRIOR TO THE ELECTION, TO PROVIDE AN EXEMPTION, AND TO PROVIDE A PENALTY FOR VIOLATION.
(R140, S. 352 (Word version)) -- Senator Grooms: AN ACT 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.
(R141, S. 610 (Word version)) -- Senators Fair, Campsen, O'Dell, Scott, Bryant, Cleary, Rankin, Williams, Thomas, Hayes and Cromer: AN ACT 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 SUBSTITUTE THE TERM "STATE DRIVER'S LICENSE" FOR THE TERM "SOUTH CAROLINA DRIVER'S LICENSE", 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.
(R142, H. 3244 (Word version)) -- Rep. Talley: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-230 SO AS TO PROVIDE THAT AN AGENCY REQUIRED BY LAW TO REPORT TO THE GENERAL ASSEMBLY SHALL PREPARE ITS REPORT AND TRANSMIT ITS REPORT TO THE OFFICE OF LEGISLATIVE PRINTING, INFORMATION AND TECHNOLOGY SYSTEMS (LPITS) AND TO THE STATE LIBRARY AND LPITS SHALL NOTIFY THE MEMBERS OF THE GENERAL ASSEMBLY THAT THE REPORT IS AVAILABLE.
(R143, H. 3305 (Word version)) -- Reps. J.E. Smith, Bales, Scott, Rutherford, Cotty, Ballentine, Bingham, Brady, J. Brown, Haley, Harrison, Hayes, J. Hines, Howard, Jennings, J.H. Neal, Neilson, Toole, Viers, Harrell, Ceips, Duncan, Walker, Mahaffey, Chellis and Whipper: AN ACT TO AMEND SECTION 12-45-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTALLMENT PAYMENTS OF REAL PROPERTY TAXES, SO AS TO AUTHORIZE MONTHLY INSTALLMENTS.
(R144, H. 3412 (Word version)) -- Reps. Harrison, Bales, Cotty, Brady, Whipper, Vaughn, Branham, Toole, Taylor, D.C. Smith and Bailey: AN ACT TO AMEND SECTION 44-17-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY ADMISSIONS TO MENTAL HEALTH FACILITIES, SO AS TO PROVIDE THAT IF A PATIENT DOES NOT REQUIRE INVOLUNTARY TREATMENT, THE COURT, UPON PROPER NOTICE, SHALL DISMISS THE PETITION FOR COMMITMENT; TO AMEND SECTION 44-17-430, RELATING TO TAKING PERSONS WHO ARE BELIEVED TO BE A DANGER TO THEMSELVES OR OTHERS INTO CUSTODY, SO AS TO PROVIDE THAT AN ORDER AUTHORIZING SUCH CUSTODY IS VALID ONLY FOR SEVENTY-TWO HOURS; TO ADD SECTION 44-13-05 SO AS TO ESTABLISH PROCEDURES FOR A LAW ENFORCEMENT OFFICER TO TAKE A PERSON THE OFFICER BELIEVES TO BE MENTALLY ILL OR CHEMICALLY DEPENDENT, WHO POSES A LIKELIHOOD TO CAUSE SERIOUS HARM TO HIMSELF OR OTHERS, INTO PROTECTIVE CUSTODY AND TO TRANSPORT THE PERSON TO A LOCAL MENTAL HEALTH CENTER OR CRISIS STABILIZATION PROGRAM FOR EXAMINATION AND EVALUATION AND TO FURTHER PROVIDE FOR A CENTER OR PROGRAM TO HOLD SUCH A PERSON; TO PROVIDE IMMUNITY FROM LIABILITY, TO DEFINE "CRISIS STABILIZATION PROGRAM", TO PROVIDE CONDITIONS UNDER WHICH PERSONS MAY BE TRANSPORTED BEYOND THE LAW ENFORCEMENT OFFICER'S JURISDICTION, AND TO PROVIDE THAT SUCH CENTERS AND PROGRAMS EXTEND TO THOSE IN ADJOINING OR THE NEAREST COUNTIES; TO AMEND SECTION 44-17-580, RELATING TO PROCEDURES FOR JUDICIAL COMMITMENT TO A MENTAL HEALTH FACILITY, SO AS TO CLARIFY THESE PROCEDURES AND TO AUTHORIZE THE COURT TO ORDER OUT-PATIENT TREATMENT FOLLOWING IN-PATIENT COMMITMENT; TO AMEND SECTION 44-24-150, RELATING TO THE AUTHORITY OF THE FAMILY COURT TO COMMIT CERTAIN CHILDREN FOR PSYCHIATRIC EVALUATION, SO AS TO PROVIDE THAT THE COURT MAY ORDER THAT SUCH AN EVALUATION BE CONDUCTED BY A COMMUNITY MENTAL HEALTH CENTER, THAT IF AN IN-PATIENT EVALUATION IS RECOMMENDED, THE COURT MAY COMMIT THE CHILD TO A DESIGNATED HOSPITAL FOR UP TO FIFTEEN DAYS FOR SUCH AN EVALUATION AND TO PROVIDE THAT NOTICE MUST BE GIVEN TO A VICTIM OF A CHILD ORDERED TO A MENTAL HEALTH FACILITY FOR EVALUATION WHEN THE CHILD IS TRANSFERRED TO OR DISCHARGED FROM THE FACILITY; AND TO AMEND SECTION 44-52-50, RELATING TO PROCEDURES FOR EMERGENCY ADMISSIONS FOR ALCOHOL AND DRUG TREATMENT, SO AS TO CLARIFY THAT IF A COURT ISSUES AN ORDER TO TAKE A PERSON IN NEED OF SUCH TREATMENT INTO PROTECTIVE CUSTODY, THE ORDER IS VALID ONLY FOR SEVENTY-TWO HOURS.
(R145, H. 3479 (Word version)) -- Rep. Davenport: AN ACT TO AMEND CHAPTER 87, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR ISSUANCE OF ASBESTOS ABATEMENT LICENSES, SO AS TO REVISE THE DEFINITION OF "ASBESTOS ABATEMENT ENTITY" AND "ASBESTOS PROJECT"; TO DELETE PROVISIONS ESTABLISHING LICENSURE FEES AND TO AUTHORIZE THE DEPARTMENT TO ESTABLISH SUCH FEES IN REGULATION SUFFICIENT TO COVER REASONABLE COSTS OF ADMINISTERING THE ASBESTOS PROGRAM AND TO DEFINE "COSTS"; AND TO INCREASE THE MAXIMUM CIVIL PENALTY FOR VIOLATIONS FROM ONE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS.
(R146, H. 3503 (Word version)) -- Reps. Limehouse and Scarborough: AN ACT TO AMEND SECTION 56-3-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PERSONALIZED LICENSE PLATES BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT PERSONALIZED LICENSE PLATES ISSUED TO MEMBERS OF FEDERAL COMMISSIONS AND BOARDS EXPIRE JANUARY THIRTY-FIRST EACH YEAR IN WHICH A NEW SESSION OF THE GENERAL ASSEMBLY BEGINS.
(R147, H. 3614 (Word version)) -- Reps. Wilkins and Harrison: AN ACT TO AMEND SECTION 20-7-1315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR WITHHOLDING WAGES TO SECURE PAYMENT OF SUPPORT OBLIGATIONS, INCLUDING COLLECTION AND DISBURSEMENT OF THE WITHHELD WAGES, SO AS TO MAKE TECHNICAL CORRECTIONS; AND TO AMEND SECTION 20-7-1440, AS AMENDED, RELATING TO FAMILY COURT FEES, COSTS, AND ALLOWANCES, INCLUDING THE FIVE PERCENT ADDITIONAL FEE ADDED TO CHILD SUPPORT PAYMENTS FOR COURT COSTS, SO AS TO PROVIDE THAT THE PAYOR OF THIS ADDITIONAL FIVE PERCENT AGREES, BY PAYING THROUGH THE COURT OR A CENTRALIZED SYSTEM, THAT THIS PAYMENT IS FOR SATISFACTION OF COURT COSTS, AGREES THAT IT IS NOT CHILD SUPPORT, AS DEFINED IN FEDERAL LAW, AND AGREES TO THE DISTRIBUTION OF THIS PAYMENT TO THE STATE FOR COURT COSTS.
(R148, H. 3646 (Word version)) -- Reps. Parks, J.H. Neal, Allen, Davenport, Frye, Jefferson, Lee, Limehouse, Mack, Pinson, M.A. Pitts and F.N. Smith: AN ACT TO AMEND SECTION 40-33-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE LICENSURE AND REGULATION OF NURSES, SO AS TO REVISE THE DEFINITIONS OF "ATTENDANT CARE SERVICES" AND "HEALTH MAINTENANCE ACTIVITIES"; AND TO AMEND SECTION 40-33-30, AS AMENDED, RELATING TO CIRCUMSTANCES TO WHICH THE CHAPTER DOES NOT APPLY, SO AS TO PROVIDE THAT THE CHAPTER MAY NOT BE CONSTRUED TO PROHIBIT AN UNLICENSED PERSON FROM PROVIDING ATTENDANT CARE SERVICES, WHICH ENABLE A PERSON TO REMAIN AT HOME AND WHICH ENABLE A PERSON TO CARRY OUT FUNCTIONS OF DAILY LIVING.
(R149, H. 3650 (Word version)) -- Reps. W.D. Smith, Hagood and McLeod: AN ACT TO AMEND SECTION 44-56-750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BROWNFIELDS VOLUNTARY CLEANUP PROGRAM AND CONTRACT REQUIREMENTS ENTERED INTO BY OR ON BEHALF OF A NONRESPONSIBLE PARTY, SO AS TO PROVIDE THAT A NONRESPONSIBLE PARTY IS NOT LIABLE FOR THIRD PARTY CLAIMS AND TO FURTHER SPECIFY TO WHOM THIS LIMITATION OF LIABILITY APPLIES.
(R150, H. 3768 (Word version)) -- Rep. Kirsh: AN ACT TO AMEND SECTIONS 12-36-140 AND 12-36-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE SALES AND USE TAX, SO AS TO EXEMPT CERTAIN PROMOTIONAL ADVERTISING DISTRIBUTIONS BY CHAMBERS OF COMMERCE AND VISITORS BUREAUS; BY ADDING SECTION 12-28-1400 SO AS TO REQUIRE THE REPORTING THE DEPARTMENT OF REVENUE REQUIRES BY REGULATION FOR PURPOSES OF THE USER FEE ON MOTOR FUELS AND PROVIDE AN ADDITIONAL CIVIL PENALTY FOR VIOLATORS; BY ADDING SECTION 12-54-123 SO AS TO PROTECT FROM LIABILITY A PERSON WHO SURRENDERS THE PROPERTY OF ANOTHER LEVIED ON BY THE DEPARTMENT OF REVENUE; BY ADDING CHAPTER 55 TO TITLE 12, ENACTING THE OVERDUE DEBT COLLECTION ACT AUTHORIZING THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO IMPOSE A COLLECTION ASSISTANCE FEE ON CERTAIN OVERDUE TAX DEBTS EQUAL TO TWENTY PERCENT OF THE OVERDUE AMOUNT AND TO ALLOW THE DEPARTMENT TO RETAIN A PORTION OF THE COLLECTION ASSISTANCE FEE FOR ITS OPERATION; BY ADDING SECTION 61-4-725 SO AS TO ALLOW A LICENSED WINERY TO SELL, DELIVER, AND PERMIT ON-PREMISES CONSUMPTION ON SUNDAYS IN JURISDICTIONS WHERE MINIBOTTLE SALES ARE ALLOWED ON SUNDAYS; TO AMEND SECTION 6-1-320, RELATING TO THE LIMITS ON ANNUAL INCREASES IN LOCAL GOVERNMENT AND SCHOOL DISTRICT PROPERTY TAX MILLAGE, SO AS TO CLARIFY THE METHOD OF CALCULATING THE ALLOWED CONSUMER PRICE INDEX INCREASE IN THE MILLAGE RATE; TO AMEND SECTIONS 12-6-40 AND 12-6-50, BOTH AS AMENDED, RELATING TO DEFINITIONS AND CONFORMITY PROVISIONS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO UPDATE THE REFERENCE DATE BY WHICH THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 AND CLARIFY THOSE PROVISIONS NOT ADOPTED; TO AMEND SECTIONS 12-6-1110 AND 12-6-1130, RELATING TO CALCULATIONS OF INCOME, SO AS TO PROVIDE FOR CALCULATIONS WITHOUT SOME OF THE DEDUCTIONS ALLOWED BY THE INTERNAL REVENUE CODE; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA INDIVIDUAL TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO DELETE AN OBSOLETE DEDUCTION RELATING TO MEDICAL INSURANCE PREMIUMS; TO AMEND SECTION 12-6-2220, RELATING TO ALLOCATION AND APPORTIONMENT FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO PROVIDE FOR THE ALLOCATION OF DIVIDENDS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO REVISE THE DEFINITION OF "NEW JOB"; TO AMEND SECTION 12-6-3365, AS AMENDED, RELATING TO THE CORPORATE INCOME TAX MORATORIUM FOR JOB CREATION, SO AS TO CLARIFY THE APPLICATION OF THE MORATORIUM TO INSURANCE PREMIUM TAXES; TO AMEND SECTION 12-6-3480, RELATING TO TAX CREDITS, SO AS TO FURTHER PROVIDE THE MANNER IN WHICH CREDITS ARE ALLOWED AND MAY BE CLAIMED; TO AMEND SECTION 12-6-4910, AS AMENDED, RELATING TO THOSE REQUIRED TO FILE INCOME TAX RETURNS, SO AS TO PROVIDE FOR THOSE NONRESIDENTS REQUIRED TO FILE IN THIS STATE; TO AMEND SECTIONS 12-6-5020, AS AMENDED, AND 12-6-5030, BOTH RELATING TO THE FILING OF CONSOLIDATED CORPORATE INCOME TAX RETURNS AND COMPOSITE INDIVIDUAL INCOME TAX RETURNS, BOTH SO AS TO REQUIRE THE DETERMINATION OF CREDITS ON A CONSOLIDATED BASIS AND FURTHER PROVIDE FOR COMPOSITE RETURNS; TO AMEND SECTION 12-8-520 RELATING TO STATE INCOME TAX WITHHOLDING, SO AS TO PROVIDE FOR THE WITHHOLDING OF PARTNERSHIP AND SUBCHAPTER "S" CORPORATION INCOME OF NONRESIDENTS; TO AMEND SECTION 12-8-1520, RELATING TO STATE INCOME TAX WITHHOLDING, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR WITHHOLDING AGENTS; TO AMEND SECTION 12-10-105, RELATING TO ANNUAL FEES FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, SO AS TO EXTEND THESE FEES TO JOB RETRAINING CREDITS IN EXCESS OF TEN THOUSAND DOLLARS AND PROVIDE FOR THE COLLECTION OF THESE FEES; TO AMEND SECTION 12-20-105, AS AMENDED, RELATING TO TAX CREDITS FOR PURPOSES OF THE CORPORATE LICENSE TAX, SO AS TO CLARIFY THE APPLICATION OF THESE CREDITS; TO AMEND SECTIONS 12-21-1090 AND 12-21-6550, BOTH RELATING TO LICENSE TAXES, BOTH SO AS TO PROVIDE FOR THE PERMISSIVE PROMULGATION OF REGULATIONS AND FURTHER PROVIDE FOR THE APPLICATIONS REQUIRED PURSUANT TO THE TOURISM INFRASTRUCTURE ADMISSIONS TAX ACT; TO AMEND SECTION 12-28-740, RELATING TO EXEMPTIONS FROM THE MOTOR FUELS USER FEE, SO AS TO DELETE A REFERENCE TO A CREDIT; TO AMEND SECTION 12-28-1730, AS AMENDED, RELATING TO PENALTIES FOR PURPOSES OF THE MOTOR FUELS TAX, SO AS TO DELETE A CIVIL PENALTY; TO AMEND SECTION 12-36-530, RELATING TO THE REQUIREMENT FOR THE RETURN OF A RETAIL LICENSE WHEN A BUSINESS CLOSES OR IS SOLD, SO AS TO ELIMINATE THE REQUIREMENT THAT THE TAX IS DUE AT THE TIME OF SALE AND CONSTITUTES A LIEN ON THE PROPERTY IN THE HANDS OF THE PURCHASER; TO AMEND SECTION 12-36-1310, AS AMENDED, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO FURTHER PROVIDE FOR THE APPLICATION OF SALES TAX TO TELECOMMUNICATIONS SERVICES; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXEMPT PRESCRIPTIONS AND OVER-THE-COUNTER MEDICINES AND MEDICAL SUPPLIES SOLD TO A FREE CLINIC; TO AMEND SECTION 12-36-2510, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO PROVIDE FURTHER FOR THE ISSUE OF CERTIFICATES BY THE DEPARTMENT OF REVENUE FOR DIRECT PAY AND EXEMPTIONS AND PROVIDE FOR MORE EFFICIENT ADMINISTRATION OF SALES TAXES AND SALES TAX EXEMPTIONS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO DELETE OBSOLETE REFERENCES IN EXISTING EXEMPTIONS; TO AMEND SECTIONS 12-54-42 AND 12-54-43, AS AMENDED, BOTH RELATING TO THE UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF STATE LEVIED TAXES, BOTH SO AS TO CLARIFY THE APPLICATION OF PENALTIES FOR FAILING TO PROVIDE WITHHOLDING STATEMENTS, AND CLARIFY AND REVISE THE APPLICATION OF CIVIL PENALTIES FOR FILING GROUNDLESS RETURNS OR FOR MISUSE OF A SALES TAX CERTIFICATE; TO AMEND SECTION 12-54-90, RELATING TO THE COLLECTION AND ENFORCEMENT OF STATE TAXES, SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO REFUSE TO ISSUE A LICENSE TO A TAXPAYER IN VIOLATION; TO AMEND SECTIONS 12-54-210 AND 12-54-240, AS AMENDED, BOTH RELATING TO THE COLLECTION AND ENFORCEMENT OF STATE TAXES, BOTH SO AS TO INCREASE THE PENALTY FOR FAILURE TO KEEP RECORDS, FILE RETURNS, AND COMPLY WITH REGULATIONS, UPDATE REFERENCES RELATING TO THE CONFIDENTIALITY OF RETURNS, AND DELETE AN EXEMPTION TO THE CONFIDENTIALITY REQUIREMENTS FOR RECORDS SUBPOENAED BY A FEDERAL GRAND JURY; TO AMEND SECTION 12-58-185, AS AMENDED, RELATING TO THE TAXPAYERS' BILL OF RIGHTS, SO AS TO CLARIFY AND EXTEND THE APPLICATION OF HARDSHIP EXTENSIONS TO PAY; TO AMEND SECTIONS 12-60-420 AND 12-60-490, BOTH AS AMENDED, BOTH RELATING TO THE REVENUES PROCEDURE ACT, BOTH SO AS TO PROVIDE THAT THE APPLICATION OF A DIVISION DECISION OR A DETERMINATION OF DEFICIENCY APPLIES TO LOCAL TAXES ADMINISTERED BY THE DEPARTMENT OF REVENUE AND REQUIRE THE NOTICE TO PROVIDE THAT FAILURE TO FILE A PROTEST RESULTS IN A DECISION BECOMING FINAL AND TO PROVIDE, FURTHER, FOR SETOFFS AGAINST TAX REFUNDS; TO AMEND SECTION 61-4-747, RELATING TO REGULATION OF WINE, SO AS TO REQUIRE OUT-OF-STATE WINE SHIPPERS TO PAY SALES AND EXCISE TAXES ON WINE SHIPPED TO RESIDENTS OF THIS STATE BY JANUARY TWENTIETH OF EACH YEAR FOR THE PRECEDING YEAR; BY ADDING SECTION 33-14-420 SO AS TO FURTHER PROVIDE FOR CLAIMANTS AGAINST FUNDS OF A DISSOLVED CORPORATION; TO PROVIDE THAT THIS ACT IS THE MOST RECENT ACTION OF THE GENERAL ASSEMBLY RELATING TO ADOPTION OF AND CONFORMITY WITH PROVISIONS OF THE INTERNAL REVENUE CODE; TO AMEND SECTION 12-6-1130, AS AMENDED, RELATING TO DEDUCTIONS FROM INCOME TAX, SO AS TO PROVIDE THAT THE DEDUCTION FOR CHARITABLE CONTRIBUTIONS BE DETERMINED AS IN THE INTERNAL REVENUE CODE; TO AMEND SECTIONS 12-6-3515, RELATING TO CHARITABLE CONTRIBUTIONS FOR CONSERVATION, SO AS TO PROVIDE THAT THE DETERMINATION MUST BE LIKE SECTION 170 OF THE INTERNAL REVENUE CODE; TO AMEND SECTION 12-43-232, RELATING TO QUALIFICATION FOR AGRICULTURAL USE FOR PURPOSES OF ASSESSMENT, SO AS TO PROVIDE THAT A PERPETUAL CONSERVATION EASEMENT IS AGRICULTURAL REAL PROPERTY; BY ADDING SECTION 12-6-5590 SO AS TO FURTHER PROVIDE GUIDELINES FOR ALLOWING A DEDUCTION FOR A CHARITABLE CONTRIBUTION; TO AMEND SECTIONS 12-44-30, 4-12-30, AND 4-29-67, ALL RELATING TO A FEE IN LIEU OF TAXES, SO AS TO PROVIDE FOR QUALIFICATION OF A CERTIFIED ECONOMIC DEVELOPMENT PROJECT; BY ADDING SECTION 12-37-135 SO AS TO ALLOW A COUNTYWIDE BUSINESS REGISTRATION AND FEE; BY ADDING SECTION 12-45-430 AND TO AMEND SECTION 12-37-2650, AS AMENDED, RELATING TO RECEIPTS FOR PAYMENT OF TAXES, BOTH SO AS TO PROVIDE THAT A RECEIPT MUST NOT BE ISSUED UNLESS ALL TAXES AND OTHER CHARGES HAVE BEEN PAID; TO AMEND SECTION 12-37-2730, RELATING TO USE OF A TREASURER'S TAX RECEIPT TO OBTAIN A LICENSE PLATE, SO AS TO PROVIDE THAT BOTH MUNICIPAL AND COUNTY TAXES AND OTHER CHARGES MUST BE PAID BEFORE ISSUANCE OF A RECEIPT WHEN A MUNICIPALITY CONTRACTS WITH THE COUNTY FOR THE COLLECTION OF ITS VEHICLE AND TO PROVIDE FOR THE ISSUANCE OF A SUMMONS BY A CODE ENFORCEMENT OFFICER TO ENFORCE COLLECTION OF VEHICLE PROPERTY TAX AND VEHICLE REGISTRATION LAWS; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO QUALIFICATION FOR THE FOUR PERCENT ASSESSMENT RATIO, SO AS TO PROVIDE A FURTHER PROVISION FOR QUALIFICATION; TO AMEND SECTIONS 12-49-950, 12-51-55, AS AMENDED, AND 12-51-130, AS AMENDED, ALL RELATING TO THE SALE OF PROPERTY FOR NONPAYMENT OF TAXES, SO AS TO PROVIDE THAT ALL UNPAID TAXES, ASSESSMENT, CHARGES, AND ACTUAL COSTS OF THE DELINQUENCY BE INCLUDED IN A BID AND TO PROVIDE THAT AN ASSESSMENT INCLUDES AMOUNTS OWED TO A SPECIAL TAXING DISTRICT; TO AMEND SECTION 12-54-25, AS AMENDED, RELATING TO REFUND OF AN OVERPAYMENT OF TAXES, SO AS TO PROVIDE THAT NO INTEREST IS DUE IF THE REFUND IS MADE WITHIN SEVENTY-FIVE DAYS; AND TO AMEND SECTION 12-54-240, RELATING TO CONFIDENTIALITY OF TAX RETURN INFORMATION, SO AS TO ALLOW DISCLOSURE TO A STATE OR COUNTY AGENT OF COUNTY CODE AND CERTAIN JOINT FILING INFORMATION; BY ADDING SECTION 12-37-712 SO AS TO PROVIDE THAT A MARINA PROVIDE ACCESS TO TAXING AUTHORITIES FOR PROPERTY TAX ASSESSMENT; TO PROVIDE FOR A POSTPONEMENT FOR ONE YEAR OF IMPLEMENTATION OF A TAX EQUALIZATION AND REASSESSMENT PROGRAM; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO ADD TO THE "HOLIDAY" FOR SCHOOL SUPPLIES CERTAIN BEDDING AND BATH LINENS; BY ADDING SECTION 12-45-185 SO AS TO PROVIDE FOR THE WAIVER OF PENALTY FOR LATE TAX PAYMENT UPON PROOF OF TIMELY DELIVERY; AND BY ADDING SECTION 12-6-3575 SO AS TO PROVIDE FOR A NONREFUNDABLE CREDIT AGAINST INCOME TAX FOR FIFTY PERCENT OF THE PREMIUM COSTS FOR HEALTH INSURANCE UNDER CERTAIN CONDITIONS AND WITH CERTAIN LIMITATIONS.
(R151, H. 3832 (Word version)) -- Reps. J.E. Smith, Cotty, Scott, Haskins, Cato, Davenport, Altman, Anthony, Battle, Brady, Branham, Breeland, J. Brown, R. Brown, Cobb-Hunter, Coleman, Cooper, Dantzler, Edge, Funderburk, Hagood, Harrison, Hayes, J. Hines, Howard, Huggins, Jefferson, Jennings, Kirsh, Lee, Limehouse, Martin, McLeod, Merrill, Miller, J.M. Neal, Ott, Parks, Perry, Pinson, Rivers, D.C. Smith, Thompson, Townsend, Vick, Weeks and Witherspoon: AN ACT TO ENACT THE "LEWIS BLACKMAN HOSPITAL PATIENT SAFETY ACT" BY ADDING ARTICLE 27, CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REQUIRE ALL HOSPITAL CLINICAL STAFF AND TRAINEES TO WEAR BADGES CONTAINING CERTAIN IDENTIFYING INFORMATION; TO REQUIRE CERTAIN INFORMATION TO BE PROVIDED BY HOSPITALS TO PATIENTS PRIOR TO OR ON ADMISSION CONCERNING THE PATIENT'S HOSPITAL CARE, INCLUDING, AMONG OTHER THINGS, THE GENERAL ROLE OF MEDICAL STUDENTS, INTERNS, AND RESIDENT PHYSICIANS IN PATIENT CARE, THAT THE PATIENT'S ATTENDING PHYSICIAN IS THE DOCTOR RESPONSIBLE FOR THE PATIENT'S CARE, THAT THE PATIENT'S ATTENDING PHYSICIAN MAY CHANGE, AND WHETHER ANY RESIDENT PHYSICIAN OR MEDICAL STUDENTS MAY BE PARTICIPATING IN THE PATIENT'S CARE, INCLUDING PARTICIPATING IN SURGERY; REQUIRING NURSES TO PLACE A CALL FOR OR TO ASSIST PATIENTS IN CALLING THEIR ATTENDING PHYSICIANS; REQUIRING HOSPITALS TO PROVIDE A MECHANISM THAT IS AVAILABLE AT ALL TIMES, WHEREBY PATIENTS CAN ACCESS PROMPT ASSISTANCE FOR RESOLUTION OF THE PATIENT'S PERSONAL MEDICAL CARE CONCERNS; TO PROVIDE THAT THIS ARTICLE DOES NOT APPLY TO HOSPITALS OWNED OR OPERATED BY THE DEPARTMENT OF MENTAL HEALTH AND DOES NOT CREATE A CIVIL CAUSE OF ACTION; AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL ADMINISTER AND ENFORCE THIS ARTICLE.
(R152, H. 3885 (Word version)) -- Reps. Hagood, Scarborough, Limehouse, Anderson, Dantzler, Cotty, Brady, Taylor, Perry, R. Brown, Cobb-Hunter, Harrell and Chellis: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3375 SO AS TO PROVIDE EITHER AN ADDITIONAL JOBS TAX CREDIT OR AN ADDITIONAL INVESTMENT TAX CREDIT FOR COMPANIES USING PORT FACILITIES LOCATED IN THIS STATE WHICH INCREASE THEIR BASE PORT CARGO VOLUME AT THESE FACILITIES BY A MINIMUM OF FIVE PERCENT OVER 2005 TOTALS AND TO PROVIDE PROCEDURES NECESSARY TO IMPLEMENT AND ALLOCATE THESE TAX CREDITS AND TO RECALCULATE BASE PORT CARGO VOLUME.
(R153, H. 3892 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO UTILIZATION OF GENERIC TEACHER CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2964, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R154, H. 3940 (Word version)) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SOUTH CAROLINA HOSPITALS; DATA REPORTING REQUIREMENTS PERTAINING TO SUBMISSION OF AMBULATORY ENCOUNTER DATA: DATA RELEASE FOR MEDICAL ENCOUNTER DATA AND FINANCIAL REPORTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2959, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R155, H. 4035 (Word version)) -- Reps. Harrell, Wilkins, Chellis, Thompson, Cotty, Huggins, Clark, Bales, Neilson, Hosey, J.E. Smith, Frye, Altman, Anthony, Bailey, Battle, Bowers, Branham, Cato, Cobb-Hunter, Cooper, Davenport, Delleney, Hagood, Hardwick, Haskins, J. Hines, Hinson, Kirsh, Leach, Mahaffey, McLeod, Miller, J.H. Neal, Norman, Ott, Owens, Rhoad, Rice, Scarborough, Scott, D.C. Smith, G.R. Smith, Talley, Taylor, Vaughn, Walker, White, Witherspoon and Young: AN ACT TO AMEND CHAPTER 45, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VENTURE CAPITAL INVESTMENT ACT, SO AS TO ESTABLISH A VENTURE CAPITAL AUTHORITY WITHIN THE DEPARTMENT OF COMMERCE TO SOLICIT INVESTMENT PLANS FOR RAISING AND INVESTING VENTURE CAPITAL PURSUANT TO THE VENTURE CAPITAL INVESTMENT ACT AND TO REVISE AND FURTHER PROVIDE FOR THE PROCEDURES, CONDITIONS, AND REQUIREMENTS UNDER WHICH VENTURE CAPITAL IS RAISED AND INVESTORS RECEIVE STATE TAX CREDITS FOR THEIR INVESTMENT; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT PRIVATE INVESTMENT AND OTHER PROPRIETARY FINANCIAL DATA PROVIDED TO THE VENTURE CAPITAL AUTHORITY BY A DESIGNATED INVESTOR GROUP OR AN INVESTOR.
(R156, H. 4086 (Word version)) -- Rep. Hayes: AN ACT TO ENACT THE DILLON COUNTY SCHOOL FACILITIES FINANCING ACT SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING REFERENDUM APPROVAL OF A SALES AND USE TAX IN DILLON COUNTY NOT TO EXCEED TWO PERCENT TO OFFSET PAYMENT OBLIGATIONS RELATED TO GENERAL OBLIGATIONS ISSUED TO FINANCE SCHOOL CONSTRUCTION, ACQUISITION, AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION, ACQUISITION, AND RENOVATION, AND TO PROVIDE FOR OTHER MATTERS RELATING TO IMPLEMENTING THIS ACT.
(R157, H. 4096 (Word version)) -- Reps. Clemmons, Barfield, Edge, Hardwick, Hayes, Viers and Witherspoon: AN ACT 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.
(R158, H. 4189 (Word version)) -- Rep. Jennings: AN ACT TO ENACT THE MARLBORO COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION, FOLLOWING REFERENDUM APPROVAL, OF A SALES AND USE TAX IN MARLBORO COUNTY NOT TO EXCEED ONE PERCENT FOR NOT MORE THAN TWENTY-FIVE YEARS FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION.
At 11:55 a.m. the House resumed, the SPEAKER in the Chair.
The Senate amendments to the following Bill were taken up for consideration:
H. 3673 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 101 OF TITLE 59, RELATING TO INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THESE INSTITUTIONS OF HIGHER LEARNING MAY SPEND FEDERAL AND OTHER NONSTATE APPROPRIATED SOURCES OF REVENUE TO PROVIDE LUMP-SUM BONUSES, TO PROVIDE THAT THESE INSTITUTIONS MAY OFFER EDUCATIONAL FEE WAIVERS TO NO MORE THAN FOUR PERCENT OF THE TOTAL STUDENT BODY, TO PROVIDE THAT THESE INSTITUTIONS MAY ESTABLISH RESEARCH GRANT POSITIONS FUNDED BY CERTAIN GRANTS, TO PROVIDE THE CONDITIONS FOR THE ESTABLISHMENT OF THESE POSITIONS, TO PROVIDE THAT THESE INSTITUTIONS MAY OFFER AND FUND, FROM ANY SOURCE OF REVENUE, HEALTH INSURANCE TO FULL-TIME GRADUATE ASSISTANTS, TO PROVIDE THAT THE BOARD OF TRUSTEES OF THESE INSTITUTIONS IS VESTED WITH CERTAIN POWERS OF EMINENT DOMAIN, AND TO PROVIDE THAT THESE INSTITUTIONS MAY NEGOTIATE FOR ITS ANNUAL AUDIT AND QUALITY REVIEW PROCESS WITH REPUTABLE CERTIFIED PUBLIC ACCOUNTANT FIRMS SELECTED FROM A LIST PREAPPROVED BY THE STATE AUDITOR'S OFFICE; BY ADDING SECTION 59-101-430 SO AS TO AUTHORIZE THE GOVERNING BODY OF A STATE-SUPPORTED INSTITUTION OF HIGHER LEARNING TO ENTER INTO GROUND LEASE OR LEASE-PURCHASE AGREEMENTS WITH A PRIVATE ENTITY FOR THE CREATION AND OPERATION OF AN ON-CAMPUS FACILITY, THE PURPOSE OF WHICH MUST BE DETERMINED BY THE GOVERNING BODY, AND TO PROVIDE FOR THE APPROVALS NECESSARY TO ENTER INTO THE AGREEMENT AND FOR SPECIFIC TERMS AND CONDITIONS WHICH MUST BE A PART OF THE AGREEMENT; BY ADDING SECTION 59-101-440 SO AS TO PROVIDE THAT INSTITUTIONS OF HIGHER LEARNING MAY EMPLOY INSIDE OR OUTSIDE COUNSEL TO ADVISE IT OR REPRESENT IT IN ANY MATTER EXCEPT A LITIGATION MATTER WITHOUT THE APPROVAL OF THE ATTORNEY GENERAL; BY ADDING SECTION 59-150-356 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION IN DEVELOPING THE APPLICATION AND REVIEW PROCESS FOR TECHNOLOGY GRANTS FROM THE EDUCATION LOTTERY ACCOUNT FOR FOUR-YEAR PUBLIC INSTITUTIONS SHALL DEVELOP A FORMULA FOR THE ALLOCATION OF THESE GRANTS WHICH IS NOT COMPETITIVELY BASED IN ORDER TO PERMIT MULTI-YEAR INVESTMENT APPROACHES; AND TO REPEAL ARTICLE 3, CHAPTER 101, TITLE 59 OF THE 1976 CODE RELATING TO HIGHER EDUCATION REGULATORY, PROCEDURAL, AND FINANCIAL MATTERS.
Rep. COOPER explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3906 (Word version) -- Reps. Harrell, Bales and Neilson: A BILL TO AMEND SECTION 59-104-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO PROVIDE ALTERNATE QUALIFICATIONS FOR THE SCHOLARSHIP.
Reps. BALES and NEILSON proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\2723SJ05), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 1 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. BALES explained the amendment.
Rep. BALES continued speaking.
The amendment was then adopted.
Rep. COOPER explained the Senate Amendments.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration:
S. 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.
Rep. COTTY 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. 3767 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 12-2-75, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SIGNATORIES TO TAX RETURNS, SO AS TO AUTHORIZE A QUALIFIED TAX PREPARER TO SIGN ELECTRONICALLY; TO AMEND SECTION 12-4-30, RELATING TO COMPOSITION OF THE DEPARTMENT OF REVENUE, SO AS TO DELETE OUT-DATED LANGUAGE; TO AMEND SECTION 12-4-540, RELATING TO APPRAISAL, ASSESSMENT, AND EQUALIZATION OF TAXABLE VALUES OF CORPORATE PROPERTY, SO AS TO MAKE A GRAMMATICAL CHANGE; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO SECTIONS OF THE INTERNAL REVENUE CODE NOT ADOPTED BY SOUTH CAROLINA, SO AS TO ADD A CROSS REFERENCE; TO AMEND SECTION 12-6-1170, RELATING TO INCOME DEDUCTION FROM TAXABLE RETIREMENT INCOME, SO AS TO ADD CLARIFYING LANGUAGE; TO AMEND SECTION 12-6-1720, RELATING TO TAXABLE INCOME REPORTABLE BY A NONRESIDENT, SO AS TO INCLUDE LOTTERY AND BINGO WINNINGS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO CORRECT A CROSS REFERENCE; TO AMEND SECTION 12-6-3570, AS AMENDED, RELATING TO TAX CREDITS FOR A MOTION PICTURE PRODUCTION COMPANY, SO AS TO CORRECT A CROSS REFERENCE; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO JOB DEVELOPMENT CREDITS, SO AS TO PROVIDE THAT THE COUNTY DESIGNATION IS EFFECTIVE AS OF THE DATE THE APPLICATION FOR CREDITS IS RECEIVED; TO AMEND SECTION 12-54-55, AS AMENDED, RELATING TO INTEREST ON THE UNDERPAYMENT OF ESTIMATED TAX, SO AS TO INCLUDE SMALL AMOUNT PROVISIONS; TO AMEND SECTION 12-54-70, RELATING TO THE EXTENSION OF TIME FOR FILING TAX RETURNS, SO AS TO CLARIFY A CROSS REFERENCE; TO AMEND SECTION 12-54-110, AS AMENDED, RELATING TO THE POWER OF THE DEPARTMENT OF REVENUE TO SUMMON A PERSON, SO AS TO PROVIDE THAT AN ADMINISTRATIVE LAW JUDGE HOLD A CONTEMPT HEARING ON FAILURE TO COMPLY WITH A SUMMONS; AND TO AMEND SECTION 12-60-90, AS AMENDED, RELATING TO SANCTIONS AGAINST A PERSON AUTHORIZED TO REPRESENT A TAXPAYER ADMINISTRATIVELY, SO AS TO INCLUDE A MONETARY PENALTY AND MAKE A CLARIFICATION.
Rep. KIRSH proposed the following Amendment No. 1A (Doc Name COUNCIL\BBM\10969MM05), which was adopted:
Amend the bill, as and if amended, Section 12-6-3580 as found in SECTION 41, page 38, by inserting after line 18, the following:
/ (E) The credit allowed pursuant to this section must be reviewed after it has been in place for two taxable years. /
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 2A (Doc Name COUNCIL\BBM\10970MM05), which was adopted:
Amend the bill, as and if amended, Section 61-6-1540(B) as found in SECTION 23F., page 16, lines 18-29, by deleting SECTION 23F. in its entirety and inserting:
/ F. Section 61-6-1540(B) of the 1976 Code is amended to read:
"(B) Retail dealers licensed under pursuant to the ABC Act provisions of this article may sell all wines in the stores or places of business covered by their respective licenses, whether declared alcoholic or nonalcoholic or nonintoxicating by the laws of this State. Wines containing more than fourteen sixteen percent of alcohol by volume may be sold only in licensed alcoholic liquor stores or in establishments licensed to sell and permit consumption of alcoholic liquors in minibottles. The provisions of this section must do not be construed to amend, alter, or modify the taxes imposed on wines or the collection and enforcement of these taxes." /
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. LIMEHOUSE proposed the following Amendment No. 3A (Doc Name COUNCIL\GJK\20610SD05):
Amend the bill, as and if amended, by adding new sections appropriately numbered to read:
/SECTION ___. Section 12-37-224 of the 1976 Code, as added by Act 114 of 1999, is amended to read:
"Section 12-37-224. A motor home or boat on which the interest portion of indebtedness is deductible pursuant to the Internal Revenue Code as an interest expense on a qualified primary or second residence is also a primary or second residence for purposes of ad valorem property taxation in this State and is considered real property rather than personal property for property tax purposes."
SECTION ____. Section 12-37-220(B)(38) of the 1976 Code is amended to read:
"(38)(a) Watercraft and motors which that have an assessment of not more than fifty dollars.
(b) an amount of the fair market value of any watercraft, including those assessed pursuant to Section 12-37-224, sufficient to limit to three thousand dollars the total property tax on the watercraft for a property-tax year."
SECTION ____. Article 5, Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-712. In addition to any other provisions of law subjecting boats and boat motors to property tax in this State:
(1) A boat, including its motor if separately taxed, used in interstate commerce having a tax situs in this State and at least one other state is subject to property tax in this State. The value of such a boat must be determined based on the fair market value of the boat multiplied by a fraction representing the number of days present in this State. The fraction is determined by dividing the number of days the boat was present in this State by three hundred and sixty-five days. A boat used in interstate commerce must be physically present in this State for thirty days in the aggregate in a property tax year to become subject to ad valorem taxation.
(2) A boat, including its motor if the motor is separately taxed, which is not currently taxed in this State and is not used exclusively in interstate commerce, is subject to property tax in this State if it is present within this State for sixty consecutive days or on ninety days in the aggregate in a property tax year. Upon written request by a tax official, the owner must provide documentation or logs relating to the whereabouts of the boat in question. Failure to produce requested documents creates a rebuttable presumption that the boat in question is taxable within this State."
SECTION ___. A. Section 12-37-224 of the 1976 Code is amended by adding a new paragraph at the end to read:
"The provisions of this section also apply to trailers used for camping and recreational travel that are pulled by a motor vehicle if the trailers meet the requirements of this section."
B. This section takes effect upon approval by the Governor and is applicable for travel trailer property tax years beginning after 2005. /
Renumber sections to conform.
Amend title to conform.
Rep. LIMEHOUSE explained the amendment.
Rep. COBB-HUNTER raised the Point of Order that Amendment No. 3A was out of order in that it was not germane to the Bill.
Rep. LIMEHOUSE argued contra.
SPEAKER WILKINS stated that he would take the Point of Order under advisement and would later render a ruling.
Rep. COOPER moved to adjourn debate on the Senate Amendments, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
H. 3840 (Word version) -- Reps. Sandifer and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-295 SO AS TO PROVIDE THAT NO COMMUNICATIONS SERVICE PROVIDER OR PARENT, SUBSIDIARY, OR AFFILIATE OF SUCH A PROVIDER MAY ENTER INTO ANY CONTRACT OR AGREEMENT THAT REQUIRES ANOTHER PERSON TO RESTRICT OR LIMIT THE ABILITY OF ANY OTHER COMMUNICATIONS SERVICE PROVIDER FROM OBTAINING EASEMENTS OR RIGHTS-OF-WAY FOR THE INSTALLATION OF FACILITIES OR EQUIPMENT TO PROVIDE COMMUNICATIONS SERVICES IN THIS STATE OR OTHERWISE DENY OR RESTRICT ACCESS TO THE REAL PROPERTY BY ANY OTHER COMMUNICATIONS SERVICE PROVIDER; OR OFFERS OR GRANTS INCENTIVES OR REWARDS TO AN OWNER OF REAL PROPERTY OR THE OWNER'S AGENT THAT ARE CONTINGENT UPON THE PROVISION OF COMMUNICATIONS SERVICE ON THE PREMISES BY A SINGLE COMMUNICATIONS SERVICE PROVIDER, TO PROVIDE EXCEPTIONS, TO DEFINE THE TERM "COMMUNICATIONS SERVICE PROVIDER" FOR THIS PURPOSE, AND TO PROVIDE CIVIL PENALTIES FOR VIOLATION.
Rep. CATO 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. 3984 (Word version) -- Reps. Leach, Haskins, G. M. Smith, Harrison, Wilkins, Altman, Merrill, Frye, Cotty, Chellis, Huggins, Whitmire, Brady, Clark, Duncan, Ballentine, Limehouse, Pinson, Haley, Toole, Bailey, Ceips, Hagood, Harrell, Herbkersman, J. Hines, Hinson, Kirsh, Littlejohn, Mahaffey, McGee, Perry, E. H. Pitts, Sandifer, Scarborough, Simrill, Sinclair, D. C. Smith, G. R. Smith, J. R. Smith, Talley, Taylor, Thompson, Vaughn, Viers, Walker, Umphlett, Hamilton and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-100 SO AS TO REQUIRE MAGISTRATES, MUNICIPAL COURT JUDGES, FAMILY COURT JUDGES, AND CIRCUIT COURT JUDGES TO RECEIVE CONTINUING LEGAL EDUCATION ON ISSUES CONCERNING DOMESTIC VIOLENCE; BY ADDING SECTION 20-4-65 SO AS TO PROVIDE THAT A PERSON SEEKING AN ORDER OF PROTECTION FROM DOMESTIC ABUSE IS NOT REQUIRED TO PAY A FILING FEE; BY ADDING SECTION 23-1-240 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER CONVICTED OF A CRIMINAL DOMESTIC VIOLENCE OFFENSE MUST BE TERMINATED FROM HIS EMPLOYMENT; TO AMEND SECTION 16-25-20, AS AMENDED, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES, SO AS TO INCREASE THE PENALTIES AND FINES FOR A PERSON WHO COMMITS CRIMINAL DOMESTIC VIOLENCE WHO HAS A PRIOR CONVICTION FOR CRIMINAL DOMESTIC VIOLENCE OR CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND FOR A PERSON WHO COMMITS CRIMINAL DOMESTIC VIOLENCE WHO HAS TWO PRIOR CONVICTIONS FOR CRIMINAL DOMESTIC VIOLENCE OR CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE WITHIN THE PREVIOUS TEN YEARS; TO AMEND SECTION 16-25-65, AS AMENDED, RELATING TO CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE, SO AS TO ADD THAT A PERSON IS GUILTY OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE IF THE PERSON INTENTIONALLY COMMITS AN ASSAULT AND BATTERY IN THE PHYSICAL PRESENCE OF A MINOR CHILD AND TO ADD A MANDATORY MINIMUM SENTENCE OF ONE YEAR TO THE PENALTIES PROVIDED FOR A VIOLATION OF THIS SECTION; TO AMEND SECTION 17-22-90, RELATING TO AGREEMENTS REQUIRED OF OFFENDERS PARTICIPATING IN THE PRETRIAL INTERVENTION PROGRAM, SO AS TO REQUIRE A PERSON TO AGREE IN WRITING TO SUCCESSFULLY COMPLETE A BATTERER'S TREATMENT PROGRAM IF THE OFFENSE IS FIRST OFFENSE CRIMINAL DOMESTIC VIOLENCE; TO AMEND SECTION 20-4-40, AS AMENDED, RELATING TO A PETITION FOR AN ORDER OF PROTECTION, SO AS TO PROVIDE IF A PETITION FOR RELIEF IS FILED AND A DIVORCE OR SEPARATE SUPPORT AND MAINTENANCE ACTION IS PENDING OR SUBSEQUENTLY FILED, THE COURT SHALL PROCEED WITH THE PETITION FOR RELIEF INDEPENDENT FROM THE ACTION FOR DIVORCE OR SEPARATE SUPPORT AND MAINTENANCE; TO AMEND SECTION 22-5-530, AS AMENDED, RELATING TO DEPOSITS IN LIEU OF RECOGNIZANCE, SO AS TO PROVIDE FOR AN INDIVIDUALIZED HEARING AND NOTICE TO THE VICTIM WHEN A PERSON IS CHARGED WITH A CRIMINAL DOMESTIC VIOLENCE OFFENSE; TO AMEND SECTION 22-5-910, AS AMENDED, RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO PROVIDE THAT A FIRST OFFENSE CRIMINAL DOMESTIC VIOLENCE OFFENSE MAY BE EXPUNGED AFTER FIVE YEARS RATHER THAN THREE YEARS FROM THE DATE OF CONVICTION; AND TO AMEND SECTION 56-7-15, AS AMENDED, RELATING TO THE USE OF THE UNIFORM TRAFFIC TICKET, SO AS TO PROVIDE THAT AN OFFICER SHALL IMMEDIATELY COMPLETE AND FILE AN INCIDENT REPORT AFTER ARRESTING A PERSON FOR A CRIMINAL DOMESTIC VIOLENCE OFFENSE.
Rep. HARRISON explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. HARRISON moved that the House recur to the Morning Hour, which was agreed to.
The Senate amendments to the following Concurrent Resolution were taken up for consideration:
H. 4196 (Word version) -- Reps. G. M. Smith, Weeks and Owens: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF BARTLETTE STREET IN THE CITY OF SUMTER FROM ITS INTERSECTION WITH WASHINGTON STREET TO ITS INTERSECTION WITH HARVIN STREET "W. A. (BUBBA) MCELVEEN STREET" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS STREET THAT CONTAIN THE WORDS "W. A. (BUBBA) MCELVEEN STREET".
The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.
The Senate amendments to the following Bill were taken up for consideration:
H. 3107 (Word version) -- Reps. M. A. Pitts, Viers, Taylor, Mahaffey, Duncan and Umphlett: A BILL TO AMEND SECTION 40-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO PROVIDE FOR TWO ADDITIONAL LAY MEMBERS OF THE BOARD, ONE TO BE APPOINTED BY THE PRESIDENT PRO TEMPORE OF THE SENATE AND ONE TO BE APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
Rep. M. A. PITTS 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 Joint Resolution were taken up for consideration:
H. 3799 (Word version) -- Rep. Cooper: A JOINT RESOLUTION AUTHORIZING STATE AGENCIES TO ESTABLISH A SPECIAL ACCOUNT TO FUND THE AGENCY'S NONRECURRING IMPLEMENTATION EXPENSES OF THE SOUTH CAROLINA ENTERPRISE INFORMATION SYSTEM AND PROVIDE FOR THE ADMINISTRATION AND MONITORING OF THESE ACCOUNTS.
Rep. COOPER explained the Senate Amendments.
The Senate amendments were agreed to, and the Joint Resolution having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3250 (Word version) -- Reps. White, Weeks, Hamilton, Leach, Walker, Davenport, Mahaffey, Young and Allen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 25 TO TITLE 37 SO AS TO PROVIDE FOR LIMITATIONS ON THE DISPENSING OF OPHTHALMIC LENSES WITHOUT A VALID UNEXPIRED PRESCRIPTION FROM A LICENSED DISPENSER, TO PROVIDE MINIMUM REQUIREMENTS FOR THE ISSUANCE OF A PRESCRIPTION, AND TO PROVIDE FOR A CIVIL PENALTY FOR A VIOLATION AND ENFORCEMENT BY THE DEPARTMENT OF CONSUMER AFFAIRS.
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 Senate amendments to the following Bill were taken up for consideration:
H. 3325 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 61-4-1115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN AGREEMENT BETWEEN AN IMPORTER AND A FOREIGN BREWER, SO AS TO CLARIFY THAT A FOREIGN BREWER INCLUDES ITS SUCCESSOR OR ASSIGNEE.
Rep. HARRISON explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. SINCLAIR 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. 4253 (Word version) -- Reps. G. M. Smith, Coates, G. Brown, J. H. Neal and Weeks: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE OVERPASS LOCATED ON I-95 WHERE IT INTERSECTS WITH SOUTH CAROLINA HIGHWAY 378 IN SUMTER COUNTY THE "SENIOR TROOPER JONATHAN W. PARKER MEMORIAL OVERPASS", AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG I-95 AND HIGHWAY 378.
On motion of Rep. LEACH, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:
H. 4253 (Word version) -- Reps. G. M. Smith, Coates, G. Brown, J. H. Neal and Weeks: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE OVERPASS LOCATED ON I-95 WHERE IT INTERSECTS WITH SOUTH CAROLINA HIGHWAY 378 IN SUMTER COUNTY THE "SENIOR TROOPER JONATHAN W. PARKER MEMORIAL OVERPASS", AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG I-95 AND HIGHWAY 378.
Reps. G. M. SMITH and COATES proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11091AC05), which was adopted:
Amend the concurrent resolution, as and if amended, by striking all before the resolving words and inserting:
/TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE OVERPASS LOCATED ON I-95 WHERE IT INTERSECTS WITH SOUTH CAROLINA HIGHWAY 378 IN SUMTER COUNTY THE "SENIOR TROOPER JONATHAN W. PARKER MEMORIAL OVERPASS", AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG I-95 AND HIGHWAY 378./
Amend the concurrent resolution further, page 1, line 23 by deleting /527/ and inserting /378/; on lines 24 and 26 before /Trooper/ by inserting /Senior/; and on line 25 after /I-95/ by inserting /and Highway 378/.
Renumber sections to conform.
Amend title to conform.
The amendment was then adopted.
The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4247 (Word version) -- Reps. Mack, Breeland, Whipper, R. Brown, Limehouse, Harrell, Altman, Hagood and Scarborough: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF INTERSTATE HIGHWAY 26 AND UNITED STATES HIGHWAY 17 IN CHARLESTON COUNTY THE "LUCILLE S. WHIPPER INTERCHANGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "LUCILLE S. WHIPPER INTERCHANGE".
On motion of Rep. LEACH, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:
H. 4247 (Word version) -- Reps. Mack, Breeland, Whipper, R. Brown, Limehouse, Harrell, Altman, Hagood and Scarborough: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF INTERSTATE HIGHWAY 26 AND UNITED STATES HIGHWAY 17 IN CHARLESTON COUNTY THE "LUCILLE S. WHIPPER INTERCHANGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "LUCILLE S. WHIPPER INTERCHANGE".
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following was introduced:
H. 4257 (Word version) -- Reps. Clyburn, 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, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR MISS VALERIE KNEECE FOR THE DISTINCTION OF HAVING GRADUATED STROM THURMOND HIGH SCHOOL WITH HONORS AND A PERFECT ATTENDANCE RECORD FROM FIRST GRADE THROUGH TWELFTH GRADE.
The Resolution was adopted.
The following was introduced:
H. 4258 (Word version) -- Rep. Harrison: A CONCURRENT RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA STATE FIREMEN'S ASSOCIATION ON ITS ONE HUNDREDTH ANNIVERSARY AND ON THE SERVICES IT HAS PROVIDED TO THE CITIZENS OF THIS STATE FOR MORE THAN ONE HUNDRED YEARS, TO EXPRESS THE CONFIDENCE OF THE MEMBERS OF THE GENERAL ASSEMBLY THAT THE ASSOCIATION WILL CONTINUE ITS GREAT TRADITION OF SERVICE UNDER ITS NEW NAME, THE SOUTH CAROLINA STATE FIREFIGHTERS ASSOCIATION, AND TO EXPRESS THE SINCERE GRATITUDE OF THE GENERAL ASSEMBLY TO THE MEN AND WOMEN WHO SERVE AS CAREER AND VOLUNTEER FIREFIGHTERS AND WHO PROTECT OUR STATE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4259 (Word version) -- Reps. Mack, Breeland, Whipper and R. Brown: A CONCURRENT RESOLUTION TO RECOGNIZE THE LOCAL SWEETGRASS BASKET MAKERS AS THEY EXHIBIT THIS ANCIENT AFRICAN ART FORM AT THE SWEETGRASS CULTURAL ARTS FESTIVAL IN MOUNT PLEASANT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4260 (Word version) -- Reps. Parks, 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, 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 THE REVEREND DR. WILLIE S. HARRISON OF GREENWOOD COUNTY FOR HIS FAITHFUL SERVICE TO HIS CONGREGATION AND COMMITMENT TO HIS COMMUNITY UPON HIS THIRTIETH ANNIVERSARY AS PASTOR OF MACEDONIA BAPTIST CHURCH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4261 (Word version) -- Reps. Toole, Bingham, E. H. Pitts and Haley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 IN CHAPTER 36 OF TITLE 12 SO AS TO IMPOSE AN ADDITIONAL SALES AND USE TAX EQUAL TO ONE PERCENT AND TO REQUIRE THE REVENUE OF THIS TAX TO BE CREDITED TO A SEPARATE FUND IN THE STATE TREASURY THE PROCEEDS OF WHICH ARE USED TO REIMBURSE PROPERTY-TAXING ENTITIES FOR PROPERTY TAXES NOT COLLECTED AS A RESULT OF A PROPERTY TAX EXEMPTION FOR PRIVATE PASSENGER MOTOR VEHICLES AND MOTORCYCLES ALLOWED BY THIS ACT, TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY EXEMPT FROM PROPERTY TAX, SO AS TO EXEMPT PRIVATE PASSENGER MOTOR VEHICLES AND MOTORCYCLES FROM PROPERTY TAX, TO PROVIDE FOR THE REIMBURSEMENT OF PROPERTY-TAXING ENTITIES FOR THE PROPERTY TAX NOT COLLECTED BECAUSE OF THIS EXEMPTION; AND TO PROVIDE THAT THE FAIR MARKET VALUE OF PRIVATE PASSENGER MOTOR VEHICLES AND MOTORCYCLES IS NEVERTHELESS CONSIDERED TAXABLE FOR PURPOSES OF DETERMINING THE LIMIT ON BONDED INDEBTEDNESS AND THE INDEX OF TAXPAYING ABILITY, TO AMEND SECTIONS 4-10-520, 4-10-540, 4-10-550, AND 4-10-570, RELATING TO THE PURPOSE, IMPOSITION, REFERENDUM APPROVAL, AND REFERENDUM TO RESCIND WITH REGARD TO THE PERSONAL PROPERTY TAX EXEMPTION SALES TAX ACT, SO AS TO DELETE PROVISIONS FOR THE EXEMPTIONS FROM PROPERTY TAX FOR PRIVATE PASSENGER MOTOR VEHICLES AND MOTORCYCLES MADE OBSOLETE BY THE PROVISIONS OF THIS ACT AND TO REPEAL SECTION 12-37-2735, RELATING TO THE PERSONAL PROPERTY TAX RELIEF FUND.
Referred to Committee on Ways and Means
H. 4262 (Word version) -- Reps. Toole, Bingham, E. H. Pitts and Haley: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE THAT IF PRIVATE PASSENGER MOTOR VEHICLES AND MOTORCYCLES HAVE BEEN EXEMPTED FROM PROPERTY TAX AND THE STATE SALES AND USE TAX INCREASED TO REIMBURSE PROPERTY-TAXING ENTITIES FOR THIS EXEMPTION, THEN THIS EXEMPTION MUST NOT BE LATER REDUCED OR REPEALED.
Referred to Committee on Ways and Means
H. 4263 (Word version) -- Reps. McLeod, Kennedy, Townsend and Sinclair: A BILL TO AMEND SECTION 59-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF ANNUAL ALLOCATIONS IN THE EDUCATION FINANCE ACT AND WEIGHTINGS USED TO PROVIDE RELATIVE COST DIFFERENCES BETWEEN PROGRAMS FOR STUDENTS IN DIFFERENT CLASSIFICATIONS, SO AS TO ADD A WEIGHTING FOR STUDENTS CLASSIFIED AS ENGLISH AS A SECOND LANGUAGE STUDENTS, AND TO PROVIDE A DEFINITION FOR THIS CLASSIFICATION.
Referred to Committee on Ways and Means
H. 4264 (Word version) -- Rep. Cotty: A BILL TO AMEND SECTIONS 59-111-110 AND 59-111-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO FREE TUITION FOR CHILDREN OF FIREMEN, LAW ENFORCEMENT OFFICERS, AND GOVERNMENTAL EMPLOYEES TOTALLY DISABLED OR KILLED IN THE LINE OF DUTY, SO AS TO INCLUDE CERTAIN CHILDREN IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES.
Referred to Committee on Ways and Means
S. 592 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 59-111-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE COLLEGE, UNIVERSITY, OR TECHNICAL COLLEGE TUITION FOR CERTAIN VETERANS' CHILDREN, SO AS TO PROVIDE THAT A CHILD OF CERTAIN ACTIVE DUTY MEMBERS OF THE UNITED STATES ARMED SERVICES ALSO QUALIFY FOR FREE TUITION.
Referred to Committee on Ways and Means
S. 810 (Word version) -- Senators Martin, J. V. Smith, Leventis, Hawkins, Fair, Anderson and Ryberg: A BILL TO AMEND SECTION 47-3-750 OF THE 1976 CODE, RELATING TO THE SEIZURE AND IMPOUNDMENT OF A DANGEROUS ANIMAL, TO PROVIDE THAT ANY DANGEROUS ANIMAL THAT ATTACKS A HUMAN BEING OR DOMESTIC ANIMAL MUST BE SEIZED AND IMPOUNDED WHILE ANY PROCEEDING PURSUANT TO THIS ARTICLE IS PENDING.
Referred to Committee on Judiciary
On motion of Rep. VIERS, with unanimous consent, the following was taken up for immediate consideration:
H. 4265 (Word version) -- Rep. Viers: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE HOUSE AND SENATE CHAMBERS ON THURSDAY, NOVEMBER 3 AND FRIDAY, NOVEMBER 4, 2005, AND THE USE OF AVAILABLE MEETING SPACE IN THE BLATT OFFICE BUILDING ON WEDNESDAY, NOVEMBER 2, 2005, FOR THE ORGANIZATION'S ANNUAL MEETING, IN ACCORDANCE WITH THE BUILDING POLICY AS ADMINISTERED BY THE CLERKS OF THE RESPECTIVE BODIES.
Whereas, the South Carolina Student Legislature encourages the youth of our State to develop enthusiasm and appreciation for governmental and community issues; and
Whereas, the South Carolina Student Legislature has produced many of the great leaders throughout our State and nation. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the South Carolina Student Legislature is allowed the use of the House and Senate Chambers on Thursday, November 3 and Friday, November 4, 2005, and the Blatt Office Building on Wednesday, November 2, 2005, from 8:30 a.m. until 5:00 p.m. If the General Assembly is in statewide session on any of these days, the Senate and House Chambers and the Blatt Building may not be used.
Be it further resolved that the South Carolina Student Legislature shall be granted access to and use of the respective chambers in accordance with such guidelines and requirements as the clerks of the House and Senate shall direct.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Student Legislature.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. W. D. SMITH, with unanimous consent, made a statement relative to his withdrawal from the race for the SPEAKER of the House.
On motion of Rep. SINCLAIR, Rep. W. D. Smith's remarks were ordered printed in the Journal as follows:
The race for Speaker has been a long difficult process; it's been a marathon of sorts. Five years ago, because of a close friends' death, this position, the Speaker Pro Tempores position, fell in my lap. And from that moment on my life and ambitions took a dramatic turn. Something that I never dreamt of was suddenly within reach.
I have always revered the position of Speaker of the House. It is crucial that the House and the people of this State have a fair and honest leader; one who cares more about its' awesome reputation than his personal ambition.
This institution is more than any of us. It is not in her best interest for us to be divided.
I believe that the dye is cast, and it is not in my favor.
The good news is that this race has caused me to reexamine my strengths and more important, my weaknesses. Many of you have pointed them out. I will take them to heart and try and do better.
What strengths I have are derivative of my community, my friends and colleagues, particularly my delegation, and most important, my family. I regret that I have not been able to accomplish the goal that we together worked toward.
From the beginning I felt that the office of Speaker was different from any other in state government. It requires devotion first to the institution, then to the Members, and then to the State itself. I now recognize that in order to win the position that I so deeply respect, I would have to have made compromises that I simply was not willing to make.
I simply could not do it.
Thanks to all of you who stuck with me. I promise you, I know who you are and I'll never forget it.
When this is over, we will all have to pull together; we owe it to this remarkable State that so richly blesses us all.
With great respect to this institution, my family and community, and to each of you, I withdraw my name from consideration for the position of Speaker of the House and wish my former opponents good luck and God Speed.
The Senate amendments to the following Bill were taken up for consideration:
H. 3794 (Word version) -- Reps. Harrell, Wilkins, Cotty, J. E. Smith, Leach, Clark, Skelton, Chellis, Davenport, Haley, Harvin, Anthony, Bales, Ballentine, Barfield, Battle, Brady, G. Brown, Cato, Coates, Cobb-Hunter, Coleman, Cooper, Delleney, Edge, Harrison, Hayes, Hinson, Jennings, Kennedy, Kirsh, Limehouse, Littlejohn, Lucas, Mack, McCraw, McGee, Merrill, J. M. Neal, Neilson, Ott, Perry, Rice, Simrill, G. R. Smith, J. R. Smith, W. D. Smith, Stewart, Taylor, Thompson, Umphlett, Vaughn, White, Witherspoon, Young, Scarborough, Bailey and Hagood: A BILL TO AMEND CHAPTER 17, TITLE 13 OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO PROVIDE FOR THE SOUTH CAROLINA RESEARCH DIVISION AND THE SOUTH CAROLINA RESEARCH INNOVATION CENTERS AS TWO DIVISIONS OF THE AUTHORITY, TO CHANGE THE COMPOSITION OF THE BOARD OF TRUSTEES OF THE AUTHORITY AND TO PROVIDE ITS DUTIES, TO PROVIDE FOR A BUSINESS AND SCIENCE ADVISORY BOARD TO BE APPOINTED BY THE EXECUTING COMMITTEE OF THE BOARD OF TRUSTEES, TO PROVIDE DUTIES OF THE ADVISORY BOARD, TO PROVIDE THAT THE SOUTH CAROLINA RESEARCH DIVISION SHALL OPERATE EXISTING RESEARCH PARKS IN COOPERATION WITH CLEMSON UNIVERSITY, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, AND THE UNIVERSITY OF SOUTH CAROLINA AT COLUMBIA, TO PROVIDE THAT THE AUTHORITY MAY ESTABLISH AND OPERATE ADDITIONAL FACILITIES, TO PROVIDE FOR CONFIDENTIALITY OF INFORMATION RELATING TO A PROSPECTIVE INDUSTRY CONSIDERING A RESEARCH PARK, TO PROVIDE THAT THE SOUTH CAROLINA RESEARCH INNOVATION CENTERS SHALL ESTABLISH THREE RESEARCH INNOVATION CENTERS ASSOCIATED WITH THE THREE RESEARCH UNIVERSITIES, TO PROVIDE THE OBJECTIVES OF THE CENTERS, TO PROVIDE FOR RESEARCH INNOVATION CENTER DIRECTORS AND STAFF FOR EACH RESEARCH INNOVATION CENTER, TO PROVIDE FOR THE FUNDING OF THE CENTERS, TO PROVIDE FOR FINANCING OF THE COSTS ASSOCIATED WITH THE PHYSICAL SPACE FOR THE INNOVATION CENTERS, AND TO PROVIDE POWERS AND DUTIES OF THE SOUTH CAROLINA RESEARCH INNOVATION CENTERS.
Rep. COOPER explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Bill was taken up:
S. 736 (Word version) -- Senators Ryberg and Peeler: A BILL TO AMEND SECTION 56-3-7780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF "VIETNAM WAR VETERANS SPECIAL LICENSE PLATES" SO AS TO PROVIDE THAT ONLY VIETNAM WAR VETERANS WHO SERVED ON ACTIVE DUTY AT ANYTIME DURING THE PERIOD OF FEBRUARY 28, 1961, TO MAY 7, 1975, MAY BE ISSUED THIS SPECIAL LICENSE PLATE.
Rep. BINGHAM proposed the following Amendment No. 4 (Doc Name COUNCIL\NBD\11899AC05), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-4800. (A) The department may issue special license plates for use on a private passenger motor vehicle owned or leased by residents of this State which separately honor the United States Army, United States Navy, United States Marines Corps, United States Air Force, and the United States Coast Guard. The biennial fee for the special license plate is the regular motor vehicle license plate fee contained in Article 5, Chapter 3 of this title plus thirty dollars.
(B) Notwithstanding any other provision of law, from the fees collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the Department of Motor Vehicles in producing and administering the special license plates. The remaining funds collected from the special motor vehicle license fee must be administered by the Department of Education and deposited in an appropriate account designated by the Department of Education for distribution to the ROTC program.
(C) Before the department produces and distributes a special license plate pursuant to this section, it must receive:
(1) four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit.
(2) a plan to market the sale of the special license plate that must be approved by the department.
(D) If the department receives less than three hundred biennial applications and renewals for a particular license plate, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted.
(E) The special license plates must be of the same size and general design as regular motor vehicle license plates. The department shall imprint the special license plates with a distinctive emblem approved by the United States Department of Defense and United States Department of Transportation, as applicable, which distinguishes each branch of the United States Armed Services."/
Renumber sections to conform.
Amend title to conform.
Rep. BINGHAM explained the amendment.
The amendment was then adopted.
Rep. WALKER proposed the following Amendment No. 5 (Doc Name COUNCIL\NBD\11902AC05), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 56-3-9600(B) of the 1976 Code, as added by Act 266 of 2002, is amended to read:
"(B) Notwithstanding any other provision of law, of the fees collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the Department of Motor Vehicles in producing and administering the special license plates. The remaining funds collected from the special motor vehicle license fee must be deposited in a special account, separate and apart from the general fund, designated for use by the State Veterinarian South Carolina Department of Agriculture to support local animal spaying and neutering programs. The State Veterinarian South Carolina Department of Agriculture may use up to ten percent of the fees deposited in the special account for the administration of the program. Local private nonprofit tax exempt organizations offering animal spaying and neutering programs may apply for grants from this fund to further their tax exempt purposes. Grants must be awarded not more than once a year, and an applicant must receive as a grant an amount of the total revenues in the fund multiplied by the percentage that the applicant's caseload in the preceding calendar year was of the total caseload of all applicants in that year." /
Renumber sections to conform.
Amend title to conform.
Rep. WALKER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Reps. VIERS and LEACH withdrew their requests for debate on S. 854 (Word version); however, other requests for debate remained on the Bill.
Rep. RUTHERFORD withdrew his request for debate on H. 3591 (Word version); however, other requests for debate remained on the Bill.
Upon the withdrawal of requests for debate by Reps. MAHAFFEY and M. A. PITTS, the following Bill was taken up:
S. 854 (Word version) -- Senator Pinckney: A BILL TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERFORMANCE OF THE REGISTER OF DEEDS' DUTIES BY A CLERK OF COURT IN CERTAIN COUNTIES, SO AS TO ADD JASPER COUNTY TO THE LIST OF THOSE COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT; AND TO AMEND SECTION 30-5-12, AS AMENDED, RELATING TO THE APPOINTMENT OF A REGISTER OF DEEDS, SO AS TO ADD JASPER COUNTY TO THE LIST OF COUNTIES IN WHICH THE GOVERNING BODY APPOINTS THE REGISTER OF DEEDS.
Rep. HERBKERSMAN explained the Bill.
The Bill was read second time and ordered to third reading.
Reps. ANTHONY, ALTMAN and EDGE withdrew their requests for debate on H. 3591 (Word version); however, other requests for debate remained on the Bill.
Rep. J. BROWN withdrew his request for debate on H. 3630 (Word version); however, other requests for debate remained on the Bill.
Rep. R. BROWN withdrew his request for debate on S. 348 (Word version); however, other requests for debate remained on the Bill.
Rep. RUTHERFORD moved that the House recede until 2:30 p.m., which was agreed to.
At 2:30 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The Senate amendments to the following Bill were taken up for consideration:
H. 3767 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 12-2-75, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SIGNATORIES TO TAX RETURNS, SO AS TO AUTHORIZE A QUALIFIED TAX PREPARER TO SIGN ELECTRONICALLY; TO AMEND SECTION 12-4-30, RELATING TO COMPOSITION OF THE DEPARTMENT OF REVENUE, SO AS TO DELETE OUT-DATED LANGUAGE; TO AMEND SECTION 12-4-540, RELATING TO APPRAISAL, ASSESSMENT, AND EQUALIZATION OF TAXABLE VALUES OF CORPORATE PROPERTY, SO AS TO MAKE A GRAMMATICAL CHANGE; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO SECTIONS OF THE INTERNAL REVENUE CODE NOT ADOPTED BY SOUTH CAROLINA, SO AS TO ADD A CROSS REFERENCE; TO AMEND SECTION 12-6-1170, RELATING TO INCOME DEDUCTION FROM TAXABLE RETIREMENT INCOME, SO AS TO ADD CLARIFYING LANGUAGE; TO AMEND SECTION 12-6-1720, RELATING TO TAXABLE INCOME REPORTABLE BY A NONRESIDENT, SO AS TO INCLUDE LOTTERY AND BINGO WINNINGS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO CORRECT A CROSS REFERENCE; TO AMEND SECTION 12-6-3570, AS AMENDED, RELATING TO TAX CREDITS FOR A MOTION PICTURE PRODUCTION COMPANY, SO AS TO CORRECT A CROSS REFERENCE; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO JOB DEVELOPMENT CREDITS, SO AS TO PROVIDE THAT THE COUNTY DESIGNATION IS EFFECTIVE AS OF THE DATE THE APPLICATION FOR CREDITS IS RECEIVED; TO AMEND SECTION 12-54-55, AS AMENDED, RELATING TO INTEREST ON THE UNDERPAYMENT OF ESTIMATED TAX, SO AS TO INCLUDE SMALL AMOUNT PROVISIONS; TO AMEND SECTION 12-54-70, RELATING TO THE EXTENSION OF TIME FOR FILING TAX RETURNS, SO AS TO CLARIFY A CROSS REFERENCE; TO AMEND SECTION 12-54-110, AS AMENDED, RELATING TO THE POWER OF THE DEPARTMENT OF REVENUE TO SUMMON A PERSON, SO AS TO PROVIDE THAT AN ADMINISTRATIVE LAW JUDGE HOLD A CONTEMPT HEARING ON FAILURE TO COMPLY WITH A SUMMONS; AND TO AMEND SECTION 12-60-90, AS AMENDED, RELATING TO SANCTIONS AGAINST A PERSON AUTHORIZED TO REPRESENT A TAXPAYER ADMINISTRATIVELY, SO AS TO INCLUDE A MONETARY PENALTY AND MAKE A CLARIFICATION.
Rep. LIMEHOUSE proposed the following Amendment No. 3A (Doc Name COUNCIL\GJK\20610SD05), which was rejected:
Amend the bill, as and if amended, by adding new sections appropriately numbered to read:
/SECTION ___. Section 12-37-224 of the 1976 Code, as added by Act 114 of 1999, is amended to read:
"Section 12-37-224. A motor home or boat on which the interest portion of indebtedness is deductible pursuant to the Internal Revenue Code as an interest expense on a qualified primary or second residence is also a primary or second residence for purposes of ad valorem property taxation in this State and is considered real property rather than personal property for property tax purposes."
SECTION ____. Section 12-37-220(B)(38) of the 1976 Code is amended to read:
"(38)(a) Watercraft and motors which that have an assessment of not more than fifty dollars.
(b) an amount of the fair market value of any watercraft, including those assessed pursuant to Section 12-37-224, sufficient to limit to three thousand dollars the total property tax on the watercraft for a property-tax year."
SECTION ____. Article 5, Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-712. In addition to any other provisions of law subjecting boats and boat motors to property tax in this State:
(1) A boat, including its motor if separately taxed, used in interstate commerce having a tax situs in this State and at least one other state is subject to property tax in this State. The value of such a boat must be determined based on the fair market value of the boat multiplied by a fraction representing the number of days present in this State. The fraction is determined by dividing the number of days the boat was present in this State by three hundred and sixty-five days. A boat used in interstate commerce must be physically present in this State for thirty days in the aggregate in a property tax year to become subject to ad valorem taxation.
(2) A boat, including its motor if the motor is separately taxed, which is not currently taxed in this State and is not used exclusively in interstate commerce, is subject to property tax in this State if it is present within this State for sixty consecutive days or on ninety days in the aggregate in a property tax year. Upon written request by a tax official, the owner must provide documentation or logs relating to the whereabouts of the boat in question. Failure to produce requested documents creates a rebuttable presumption that the boat in question is taxable within this State."
SECTION ___. A. Section 12-37-224 of the 1976 Code is amended by adding a new paragraph at the end to read:
"The provisions of this section also apply to trailers used for camping and recreational travel that are pulled by a motor vehicle if the trailers meet the requirements of this section."
B. This section takes effect upon approval by the Governor and is applicable for travel trailer property tax years beginning after 2005. /
Renumber sections to conform.
Amend title to conform.
Rep. LIMEHOUSE explained the amendment.
SPEAKER PRO TEMPORE W. D. SMITH later stated that the Bill dealt with tax revisions and Amendment No. 3A attempted to limit personal property taxes. He stated further that under Article X, Section 3, the amendment required a vote of two-thirds of the total membership of the House in order to be adopted because it created a new ad valorem property tax exemption. He therefore overruled the Point of Order.
Rep. LIMEHOUSE continued speaking.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Altman Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Branham G. Brown Cato Ceips Chalk Chellis Clark Clemmons Coates Coleman Cooper Dantzler Delleney Duncan Edge Frye Hagood Haley Hamilton Harrell Herbkersman J. Hines Hinson Hiott Huggins Jefferson Jennings Leach Limehouse Littlejohn Loftis Lucas Mahaffey McCraw McGee Merrill Miller Neilson Norman Owens Perry Phillips E. H. Pitts Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Vaughn Vick Viers White Wilkins Witherspoon
Those who voted in the negative are:
Anderson J. Brown Cobb-Hunter Emory Hosey Howard Kennedy Lee Mack Martin McLeod Moody-Lawrence J. H. Neal Ott M. A. Pitts Scott Weeks
So, having failed to receive the necessary vote, the amendment was rejected.
The SPEAKER granted Rep. JENNINGS a temporary leave of absence.
Rep. LIMEHOUSE proposed the following Amendment No. 4A (Doc Name COUNCIL\GJK\20612SD05), which was rejected:
Amend the bill, as and if amended, by adding new sections appropriately numbered to read:
/SECTION ___. Section 12-37-224 of the 1976 Code, as added by Act 114 of 1999, is amended to read:
"Section 12-37-224. A motor home or boat on which the interest portion of indebtedness is deductible pursuant to the Internal Revenue Code as an interest expense on a qualified primary or second residence is also a primary or second residence for purposes of ad valorem property taxation in this State and is considered real property rather than personal property for property tax purposes."
SECTION ____. Section 12-37-220(B)(38) of the 1976 Code is amended to read:
"(38)(a) Watercraft and motors which that have an assessment of not more than fifty dollars.
(b) an amount of the fair market value of any watercraft, including those assessed pursuant to Section 12-37-224, sufficient to limit to one thousand five hundred dollars the total property tax on the watercraft for a property-tax year."
SECTION ___. A. Section 12-37-224 of the 1976 Code is amended by adding a new paragraph at the end to read:
"The provisions of this section also apply to trailers used for camping and recreational travel that are pulled by a motor vehicle if the trailers meet the requirements of this section."
B. This section takes effect upon approval by the Governor and is applicable for travel trailer property tax years beginning after 2005. /
Renumber sections to conform.
Amend title to conform.
Rep. LIMEHOUSE explained the amendment.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Bales Barfield Battle Bingham Brady G. Brown Cato Ceips Chalk Chellis Clark Clemmons Coates Cooper Dantzler Delleney Duncan Edge Frye Hagood Haley Hamilton Harrison Haskins Herbkersman Hinson Hiott Huggins Jefferson Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw McGee Merrill Miller J. M. Neal Neilson Norman Owens Perry Phillips E. H. Pitts M. A. Pitts Rhoad Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Viers White Wilkins Witherspoon Young
Those who voted in the negative are:
Bowers J. Brown Cobb-Hunter Coleman Emory Funderburk Govan Hayes J. Hines Hosey Howard Lee Mack McLeod Moody-Lawrence J. H. Neal Ott Scott Vick Weeks
So, having failed to receive the necessary vote, the amendment was rejected.
Rep. LOFTIS proposed the following Amendment No. 5A (Doc Name COUNCIL\NBD\11904AC05), which was rejected:
Amend the bill, as and if amended, Section 12-6-5060(A) page 11, line 30 before /K-12/ by inserting /or/ and by deleting lines 31 through 33 on page 11 and inserting /the General Assembly provides by law by designating the contribution on the return. The/
Renumber sections to conform.
Amend title to conform.
Rep. LOFTIS explained the amendment.
Rep. COTTY moved to table the amendment, which was rejected.
The question then recurred to the adoption of the amendment.
Rep. MOODY-LAWRENCE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Barfield Cato Clemmons Cooper Davenport Edge Frye Hamilton Littlejohn Loftis Mahaffey Martin Norman Owens Perry M. A. Pitts Rice Sandifer Townsend Vaughn Viers White Witherspoon
Those who voted in the negative are:
Agnew Allen Altman Bailey Bales Ballentine Battle Bowers Brady Branham Breeland J. Brown R. Brown Ceips Chalk Chellis Clark Cobb-Hunter Cotty Emory Funderburk Govan Hagood Haley Harrell Haskins Hayes J. Hines Hinson Hiott Hosey Huggins Jefferson Kennedy Leach Lee Limehouse Lucas Mack McCraw McLeod Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Parks Phillips Rhoad Rutherford Scarborough Scott Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Thompson Toole Umphlett Vick Weeks Whipper Whitmire Wilkins Young
So, the amendment was rejected.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration:
H. 3108 (Word version) -- Reps. M. A. Pitts, Barfield, Taylor, Mahaffey, Duncan, Umphlett and Whipper: A BILL TO AMEND SECTION 40-47-211, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDICAL DISCIPLINARY COMMISSION OF THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO ADD TWO LAY MEMBERS FROM EACH CONGRESSIONAL DISTRICT TO BE ELECTED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT EACH MEDICAL DISCIPLINARY COMMISSION PANEL FROM A CONGRESSIONAL DISTRICT HEARING AND INVESTIGATING COMPLAINTS AGAINST A PARTICULAR PHYSICIAN OR PHYSICIANS MUST CONTAIN AT LEAST ONE LAY MEMBER OF THE COMMISSION FROM THAT CONGRESSIONAL DISTRICT.
Rep. M. A. PITTS proposed the following Amendment No. 1A (Doc Name COUNCIL\GJK\20596SD05), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 40-47-211 of the 1976 Code, as last amended by Act 33 of 2005, is further amended to read:
"Section 40-47-211. (A) There is created the Medical Disciplinary Commission of the State Board of Medical Examiners to be composed of forty-eight members. Of these, thirty-six must be licensed physicians practicing their profession. Five physician commissioners must be elected from each of the six congressional districts, and six physician members of the commission must be elected at large from across the State. The board shall conduct the elections, and the elections for the physician members shall provide for participation by any physician currently licensed and actively practicing medicine in South Carolina and residing in the congressional district in which the election is held. At-large physician members must be currently licensed and actively practicing medicine in South Carolina and must reside within the State at the time of election and throughout their terms. One physician commissioner initially elected from each district shall serve for a term of one year and until his successor is elected and qualifies, one physician commissioner initially elected from each district shall serve for a term of two years and until his successor is elected and qualifies, and one physician commissioner initially elected from each district shall serve for a term of three years and until his successor is elected and qualifies. The successors of the initial physician commissioners shall serve for terms of three years or until their successors are elected and qualify. The members of the commission are limited to three terms. The members appointed to the board may not simultaneously serve as a commissioner. In case of any vacancy by way of death, resignation, or otherwise, the board shall appoint a successor to serve for the unexpired term. Where justice, fairness, or other circumstances so require, the board may appoint past commissioners to hear complaints in individual cases.
(B) Twelve members of the commission must be lay commissioners who each must have, at a minimum, a baccalaureate degree or the equivalent, and have no ascertainable ties to the health care industry. Two lay commissioners must be appointed by the Governor from each of the six congressional districts, with the advice and consent of the Senate. Each lay commissioner must be a registered voter and reside in the congressional district he represents throughout his term. Each lay commissioner initially elected from each district shall serve for a term of three years and until his successor is elected and qualifies. The lay commissioners are limited to three consecutive terms.
(C) The commission is empowered to investigate and hear those complaints against physicians (medical and osteopathic) filed with the board pursuant to Section 40-47-200. The hearing must be conducted in accordance with Act 176 of 1977 (Administrative Procedures Act) and with regulations promulgated by the board and must be before a panel composed of at least three commissioners designated by the board, and one of those three commissioners must be a lay member. The panel is empowered to hear the matters complained of and to make findings of fact and recommendations as to disposition of those matters to the board. The panel shall make a certified report of the proceedings before it, including its findings of fact, conclusions, and recommendations, which must be filed together with a transcript of the testimony taken and exhibits as may have been in evidence before it with the administrator of the board, and a copy of the report must be delivered to the office of general counsel and the licensee or his counsel.
(D) In addition to the above members of the commission, each congressional district must be represented by two additional lay members who must be residents of the congressional districts which they represent on the commission. These lay members must be appointed by the Governor. Each lay member shall serve for a term of three years and until his successor is appointed and qualifies. Vacancies must be filled in the manner of the original appointment for the remainder of the unexpired term. Reappointment to serve a full term may ensue at the discretion of the Governor, however, lay members of the commission are limited to three terms.
(E) Each Medical Disciplinary Commission panel from a congressional district hearing and investigating complaints against a particular physician or physicians must contain at least one lay member of the commission."
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.
Rep. SINCLAIR spoke against the Bill.
Rep. SINCLAIR spoke for the Senate Amendments.
Rep. SINCLAIR moved to table the amendment.
Rep. M. A. PITTS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Anthony Bales Battle Branham Breeland G. Brown J. Brown R. Brown Chalk Clark Cobb-Hunter Delleney Emory Frye Funderburk Hagood Haskins J. Hines Hiott Hosey Howard Kennedy Lee Limehouse Littlejohn Lucas Mack Mahaffey McCraw McLeod Miller Moody-Lawrence J. H. Neal Neilson Norman Phillips Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Talley Vick Weeks Whipper
Those who voted in the negative are:
Agnew Bailey Ballentine Barfield Bowers Cato Ceips Clemmons Coates Coleman Dantzler Duncan Haley Hayes Hinson Huggins Leach Loftis Martin McGee Merrill Ott Owens Parks Perry E. H. Pitts M. A. Pitts Rhoad Rice Rutherford Sandifer Scott Stewart Taylor Thompson Toole Umphlett Vaughn Viers White Whitmire Witherspoon
So, the amendment was tabled.
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. 3224 (Word version) -- Rep. Miller: A BILL TO AMEND SECTION 62-5-504, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH CARE POWERS OF ATTORNEY AND RELATED DEFINITIONS, SO AS TO PROVIDE THAT ANY DOCUMENT DEALING SUBSTANTIALLY WITH THE SAME ISSUES AND HAVING SUBSTANTIALLY THE SAME REQUIREMENTS AS TO THE QUALIFICATIONS OF THE HEALTH CARE AGENT AND THE REQUIRED WITNESSES, INCLUDING, BUT NOT LIMITED TO, THE "FIVE WISHES" FORMAT, IS DEEMED TO COMPLY WITH THE REQUIREMENTS OF LAW FOR HEALTH CARE POWERS OF ATTORNEY.
Rep. MILLER 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. 3383 (Word version) -- Reps. Loftis, Cato, Leach, Frye, Barfield, Hosey, J. R. Smith and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10, TITLE 40 SO AS TO ENACT THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, INCLUDING PROVISIONS TO LICENSE AND REGULATE THE FIRE SPRINKLER SYSTEMS INDUSTRY, AND, AMONG OTHER THINGS, TO ESTABLISH LICENSURE AND LICENSURE RENEWAL REQUIREMENTS AND FEES, TO PROVIDE GROUNDS FOR MISCONDUCT AND SANCTIONS FOR MISCONDUCT, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF FIRE SPRINKLER CONTRACTORS AND FIRE SPRINKLER SYSTEMS.
Rep. CATO 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. 3883 (Word version) -- Reps. Duncan, Cato, Scarborough, Tripp, Mahaffey and Thompson: A BILL TO AMEND SECTION 40-29-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANUFACTURED HOUSING LICENSE, SO AS TO EXEMPT FROM THIS LICENSING REQUIREMENT A LICENSED REAL ESTATE SALESMAN OR LICENSED REAL ESTATE BROKER WHO NEGOTIATES OR ATTEMPTS TO NEGOTIATE THE SALE OR OTHER DISPOSITION OF A USED MANUFACTURED OR MOBILE HOME IN CONJUNCTION WITH THE SALE OR OTHER DISPOSITION OF THE UNDERLYING REAL ESTATE.
Rep. CATO 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. 3039 (Word version) -- Reps. Sinclair and Whipper: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCLUSIVE JURISDICTION OF THE FAMILY COURT, SO AS TO DELETE EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE ACTIONS AS TO THE VALIDITY OF MARRIAGES AND THE PATERNITY OF AN INDIVIDUAL, AND TO PROVIDE FOR CONCURRENT JURISDICTION WITH THE FAMILY COURT AND THE PROBATE COURT IN THOSE ACTIONS; AND TO AMEND SECTION 62-1-302, RELATING TO SUBJECT MATTER JURISDICTION IN THE PROBATE COURT, SO AS TO PROVIDE FOR JURISDICTION TO HEAR AND DETERMINE MATTERS OF VALIDITY OF MARRIAGES AND OF PATERNITY.
Rep. SINCLAIR 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. 3402 (Word version) -- Reps. M. A. Pitts, Taylor, Owens, Duncan, Vick, Hardwick, Hagood, Ott, Ceips, Haley, Hiott, Limehouse, E. H. Pitts, G. R. Smith, Toole, Umphlett, Witherspoon, Chellis, Stewart, Mahaffey, Barfield, Huggins, Loftis, White, Clemmons, Walker, Littlejohn and Sinclair: A BILL TO AMEND SECTION 2-17-10 AND 8-13-1300, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS IN MATTERS RELATING TO CAMPAIGN PRACTICES AND IN MATTERS RELATING TO LOBBYISTS AND LOBBYING, RESPECTIVELY, INCLUDING THE DEFINITION OF LEGISLATIVE CAUCUS COMMITTEE, SO AS TO PROVIDE THAT SUCH A CAUCUS MAY BE CREATED BASED UPON A SPECIAL LEGISLATIVE INTEREST.
Rep. M.A. PITTS proposed the following Amendment No. 1A (Doc Name COUNCIL\PT\2720SJ05), which was adopted:
Amend the bill, as and if amended, Section 2-17-10(21) as contained in SECTION 2, by deleting subsection (21) and inserting:
/ "(21) 'Legislative special interest caucus' means twelve or more legislators who, based upon a special interest, seek to be affiliated for use of General Assembly facilities and employees under such terms and conditions as granted by the Speaker of the House of Representatives or the Senate Operations and Management Committee. Each legislative special interest caucus must register with the Clerk's Office of the Senate or House of Representatives in a manner mandated by the Clerk's Office. However, each legislative special interest caucus must provide, and the Clerk's Office must maintain a record of:
(a) the name and purpose of the caucus;
(b) the names of all caucus members; and
(c) the date of creation, and dissolution, if applicable.
The Clerk's Office must maintain these records for at least four years following the dissolution of the caucus. A legislative special interest caucus may include, but is not limited to, a representation of sportsmen and women desiring to enhance and protect hunting, fishing, and shooting sports." /
Renumber sections to conform.
Amend title to conform.
Rep. M. A. PITTS explained the amendment.
The amendment was then adopted.
Rep. M.A. PITTS proposed the following Amendment No. 2A (Doc Name COUNCIL\PT\2721SJ05), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Section 2-17-90(A)(1) of the 1976 Code is amended to read:
"(1) as to members of the General Assembly, a function to which a member of the General Assembly is invited if the entire membership of the House, the Senate, or the General Assembly is invited, or one of the committees, subcommittees, joint committees, legislative caucuses or their committees or subcommittees, legislative special interest caucuses, or county legislative delegations of the General Assembly of which the legislator is a member is invited. However, the Speaker of the House and Speaker Pro Tempore of the House may be included in an invitation to one of the above groups. In addition, invitations may be extended and accepted when the invitation is extended to all members in attendance at (a) national and regional conventions and conferences of organizations for which the General Assembly pays annual dues as a membership requirement and (b) American Legislative Exchange Council conventions and conferences; /
Renumber sections to conform.
Amend title to conform.
Rep. M. A. PITTS explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration:
H. 3582 (Word version) -- Reps. McLeod, Clark, J. E. Smith, Hosey, Moody-Lawrence, Anderson, Bailey, Bowers, Breeland, J. Brown, R. Brown, Davenport, Haskins, M. Hines and Sinclair: A BILL TO AMEND ARTICLE 13, CHAPTER 53, TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEAD POISONING PREVENTION AND CONTROL SO AS TO RENAME THIS ARTICLE THE "CHILDHOOD LEAD POISONING PREVENTION AND CONTROL ACT", TO CLARIFY THAT THE ARTICLE ADDRESSES CIRCUMSTANCES RELATING TO CHILDREN AND LEAD POISONING, TO FURTHER SPECIFY SURFACES IN A DWELLING OR FACILITY THAT MAY CONTAIN A LEAD-BASED HAZARD, TO UPDATE REQUIREMENTS FOR EDUCATION AND PUBLIC AWARENESS PROGRAMS, INVESTIGATIONS, AND RECORDKEEPING, TO REVISE PROCEDURES FOR THE ISSUANCE AND EXECUTION OF AN ADMINISTRATIVE WARRANT TO INVESTIGATE LEAD-BASED HAZARDS, TO REQUIRE LABORATORIES TO REPORT TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RESULTS OF ANY BLOOD LEAD ANALYSES CONDUCTED ON CHILDREN UNDER THE AGE OF SIX, TO DELETE OBSOLETE PROVISIONS, TO REVISE CRIMINAL PENALTIES, TO PROVIDE FOR CIVIL FINES, TO PROVIDE THAT A VIOLATION DOES NOT GIVE RISE TO A CAUSE OF ACTION, AND TO PROVIDE THAT THE PROVISIONS OF THIS ARTICLE ARE CONTINGENT UPON THE APPROPRIATION OR AVAILABILITY OF FUNDS.
Rep. MACK explained the 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, read the third time, and ordered returned to the Senate with amendments:
S. 348 (Word version) -- Senators Thomas and J. V. Smith: A BILL TO AMEND SECTION 45-2-70 OF THE 1976 CODE, RELATING TO THE POSTING OF RULES IN LODGING ESTABLISHMENTS, TO REQUIRE THE POSTING OF A NOTICE REQUIRED BY SECTION 45-5-80; TO AMEND CHAPTER 5, TITLE 45 BY ADDING SECTION 45-5-80 TO PROVIDE THAT ALL LODGING ESTABLISHMENTS WITHOUT A SPRINKLER SYSTEM MUST POST A NOTICE IN A CONSPICUOUS PLACE AT OR NEAR THE GUEST REGISTRATION DESK; TO AMEND CHAPTER 5, TITLE 45 BY ADDING SECTION 45-5-90 TO REQUIRE THAT INSURANCE COMPANIES THAT PROVIDE PROPERTY INSURANCE FOR HOTELS THAT HAVE WATER SPRINKLER SYSTEMS THAT ARE NOT IN COMPLIANCE WITH NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS MUST INCLUDE A STATEMENT IN THE INSURED'S INSURANCE RENEWAL NOTICE THAT CALCULATES THE PREMIUM SAVINGS THE INSURED WOULD REALIZE IF THE MOTEL'S SPRINKLER SYSTEM WAS COMPLIANT WITH THOSE STANDARDS.
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, Leach and Bowers: 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.
Rep. SKELTON raised the Point of Order that the Bill was out of order in that it reduced the authority that cities, counties and school districts had to raise revenue and therefore would require a two-thirds vote of the members voting as required by Section 4-9-55(B).
SPEAKER WILKINS stated that the Bill did not reduce the authority of counties to raise revenues, it only required a vote of local government before millage notes could be raised. He overruled the Point of Order.
Rep. OTT raised the Point of Order that in accordance with Section 2-7-76, the Bill, as amended, required a revised impact statement to be attached to the Bill before the Bill could receive third reading.
SPEAKER WILKINS stated that Section 2-7-76 applies when a Bill required expenditure of funds by a county or municipality and did not apply in this case because the Bill affected the raising of revenue, not the expenditure of funds. He overruled the Point of Order.
Rep. SKELTON moved to recommit the Bill to the Committee on Ways and Means.
Rep. VAUGHN moved to table the motion.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Bales Ballentine Barfield Battle Bingham Bowers Cato Ceips Chalk Chellis Clark Clemmons Coates Cooper Dantzler Davenport Delleney Duncan Edge Frye Hagood Haley Hamilton Hardwick Harrell Harrison Herbkersman Hinson Huggins Leach Littlejohn Loftis Mahaffey McCraw McGee Merrill Miller Norman Owens E. H. Pitts Rhoad Rice Sandifer Scarborough Simrill G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Umphlett Vaughn Viers Walker White Wilkins Witherspoon Young
Those who voted in the negative are:
Agnew Allen Anderson Anthony Brady Branham Breeland G. Brown J. Brown Cobb-Hunter Cotty Funderburk Govan Hayes J. Hines Hiott Hosey Howard Jefferson Kennedy Lee Lucas McLeod Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Parks Perry Phillips Rutherford Scott Skelton D. C. Smith J. E. Smith Vick Weeks Whipper Whitmire
So, the motion to recommit the Bill was tabled.
The Bill was read the third time and ordered sent to the Senate.
The following Bill was taken up, read the third time, and ordered sent to the Senate:
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. J. E. SMITH moved that the House recur to the Morning Hour, which was agreed to.
The following was received:
Columbia, S.C., June 1, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators Leatherman, McGill and Grooms of the Committee of Free Conference on the part of the Senate on S. 184:
S. 184 (Word version) -- Senators Leatherman, Grooms, Mescher, Williams and McGill: A JOINT RESOLUTION TO CREATE THE FRANCIS MARION TRAIL COMMISSION TO ESTABLISH A HERITAGE AND TOURISM TRAIL HONORING FRANCIS MARION'S REVOLUTIONARY CAMPAIGNS AND TO ESTABLISH THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 1, 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. 3906:
H. 3906 (Word version) -- Reps. Harrell, Bales and Neilson: A BILL TO AMEND SECTION 59-104-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO PROVIDE ALTERNATE QUALIFICATIONS FOR THE SCHOLARSHIP.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 1, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3328:
H. 3328 (Word version) -- Reps. Brady, Ceips, Cobb-Hunter, Funderburk, Haley, Haskins, Hinson, Lee, Martin, Miller, Moody-Lawrence, Neilson, Parks, Young and Clark: A BILL TO AMEND SECTION 23-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF THE SEX OFFENDER REGISTRY BY THE STATE LAW ENFORCEMENT DIVISION (SLED), SO AS TO PROVIDE THAT SLED SHALL INCLUDE AND CROSS-REFERENCE ALIAS NAMES IN THE REGISTRY; TO AMEND SECTION 23-3-430, AS AMENDED, RELATING TO PERSONS WHO MUST BE REFERRED TO AS SEX OFFENDERS, SO AS TO PROVIDE THAT A SEX OFFENDER WHOSE NAME IS CONTAINED ON THE SEX OFFENDER REGISTRY, AND WHO HAS BEEN GRANTED A PARDON, MUST REMAIN ON THE REGISTRY AND MUST REGISTER ANNUALLY; TO AMEND SECTION 23-3-440, AS AMENDED, RELATING TO THE NOTIFICATION A SHERIFF MUST RECEIVE FROM CERTAIN CORRECTIONAL AGENCIES REGARDING THE RELEASE OF A SEX OFFENDER, SO AS TO PROVIDE THAT AN OFFENDER'S PHOTOGRAPH MUST BE PROVIDED TO SLED BEFORE HE IS RELEASED; TO AMEND SECTION 23-3-450, AS AMENDED, RELATING TO REQUIRING A SEX OFFENDER TO REGISTER WITH THE SHERIFF OF THE COUNTY IN WHICH HE RESIDES, SO AS TO PROVIDE THAT THE OFFENDER ALSO MUST REGISTER WITH THE SHERIFF OF THE COUNTY WHERE HE OWNS REAL PROPERTY; AND TO AMEND SECTION 23-3-460, AS AMENDED, RELATING TO REQUIRING A SEX OFFENDER TO REGISTER ANNUALLY FOR LIFE, SO AS TO PROVIDE THAT A REGISTERED SEX OFFENDER WHO ACQUIRES REAL PROPERTY WITHIN THIS STATE MUST PROVIDE NOTICE OF THE ADDRESS TO THE SHERIFF IN THE COUNTY WHERE THE REAL PROPERTY IS LOCATED, AND TO PROVIDE THAT A PERSON WHO IS REQUIRED TO REGISTER AS A SEX OFFENDER WHO MOVES TO THIS STATE, ACQUIRES REAL PROPERTY IN THIS STATE, AND IS NOT UNDER THE JURISDICTION OF CERTAIN CORRECTIONAL AGENCIES, MUST REGISTER WITHIN TEN DAYS OF ACQUIRING PROPERTY WITHIN THIS STATE.
Very respectfully,
President
Received as information.
Rep. G. M. SMITH moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:
H. 3328 (Word version) -- Reps. Brady, Ceips, Cobb-Hunter, Funderburk, Haley, Haskins, Hinson, Lee, Martin, Miller, Moody-Lawrence, Neilson, Parks, Young and Clark: A BILL TO AMEND SECTION 23-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF THE SEX OFFENDER REGISTRY BY THE STATE LAW ENFORCEMENT DIVISION (SLED), SO AS TO PROVIDE THAT SLED SHALL INCLUDE AND CROSS-REFERENCE ALIAS NAMES IN THE REGISTRY; TO AMEND SECTION 23-3-430, AS AMENDED, RELATING TO PERSONS WHO MUST BE REFERRED TO AS SEX OFFENDERS, SO AS TO PROVIDE THAT A SEX OFFENDER WHOSE NAME IS CONTAINED ON THE SEX OFFENDER REGISTRY, AND WHO HAS BEEN GRANTED A PARDON, MUST REMAIN ON THE REGISTRY AND MUST REGISTER ANNUALLY; TO AMEND SECTION 23-3-440, AS AMENDED, RELATING TO THE NOTIFICATION A SHERIFF MUST RECEIVE FROM CERTAIN CORRECTIONAL AGENCIES REGARDING THE RELEASE OF A SEX OFFENDER, SO AS TO PROVIDE THAT AN OFFENDER'S PHOTOGRAPH MUST BE PROVIDED TO SLED BEFORE HE IS RELEASED; TO AMEND SECTION 23-3-450, AS AMENDED, RELATING TO REQUIRING A SEX OFFENDER TO REGISTER WITH THE SHERIFF OF THE COUNTY IN WHICH HE RESIDES, SO AS TO PROVIDE THAT THE OFFENDER ALSO MUST REGISTER WITH THE SHERIFF OF THE COUNTY WHERE HE OWNS REAL PROPERTY; AND TO AMEND SECTION 23-3-460, AS AMENDED, RELATING TO REQUIRING A SEX OFFENDER TO REGISTER ANNUALLY FOR LIFE, SO AS TO PROVIDE THAT A REGISTERED SEX OFFENDER WHO ACQUIRES REAL PROPERTY WITHIN THIS STATE MUST PROVIDE NOTICE OF THE ADDRESS TO THE SHERIFF IN THE COUNTY WHERE THE REAL PROPERTY IS LOCATED, AND TO PROVIDE THAT A PERSON WHO IS REQUIRED TO REGISTER AS A SEX OFFENDER WHO MOVES TO THIS STATE, ACQUIRES REAL PROPERTY IN THIS STATE, AND IS NOT UNDER THE JURISDICTION OF CERTAIN CORRECTIONAL AGENCIES, MUST REGISTER WITHIN TEN DAYS OF ACQUIRING PROPERTY WITHIN THIS STATE.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Altman Anderson Anthony Bales Ballentine Battle Bowers Brady Breeland G. Brown J. Brown Cato Chalk Chellis Clark Clemmons Cooper Cotty Dantzler Delleney Duncan Edge Emory Funderburk Govan Hagood Haley Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines Hinson Hiott Hosey Huggins Jefferson Leach Limehouse Littlejohn Lucas Martin McCraw McGee McLeod Miller J. M. Neal Norman Ott Owens Parks Perry Phillips Rhoad Rice Sandifer Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Townsend Tripp Umphlett Viers Walker Whipper Wilkins Witherspoon Young
Those who voted in the negative are:
Davenport Hamilton Howard Loftis Mahaffey Moody-Lawrence J. H. Neal E. H. Pitts Scott Vaughn Weeks White
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER appointed Reps. BRADY, RUTHERFORD and G. M. SMITH to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
H. 3328 -- Free Conference Report
The General Assembly, Columbia, S.C., June 1, 2005
The COMMITTEE OF FREE CONFERENCE, to whom was referred: (Doc Name:amend\fcrjud3328.doc)
H. 3328 (Word version) -- Reps. Brady, Ceips, Cobb-Hunter, Funderburk, Haley, Haskins, Hinson, Lee, Martin, Miller, Moody-Lawrence, Neilson, Parks, Young and Clark: A BILL TO AMEND SECTION 23-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF THE SEX OFFENDER REGISTRY BY THE STATE LAW ENFORCEMENT DIVISION (SLED), SO AS TO PROVIDE THAT SLED SHALL INCLUDE AND CROSS-REFERENCE ALIAS NAMES IN THE REGISTRY; TO AMEND SECTION 23-3-430, AS AMENDED, RELATING TO PERSONS WHO MUST BE REFERRED TO AS SEX OFFENDERS, SO AS TO PROVIDE THAT A SEX OFFENDER WHOSE NAME IS CONTAINED ON THE SEX OFFENDER REGISTRY, AND WHO HAS BEEN GRANTED A PARDON, MUST REMAIN ON THE REGISTRY AND MUST REGISTER ANNUALLY; TO AMEND SECTION 23-3-440, AS AMENDED, RELATING TO THE NOTIFICATION A SHERIFF MUST RECEIVE FROM CERTAIN CORRECTIONAL AGENCIES REGARDING THE RELEASE OF A SEX OFFENDER, SO AS TO PROVIDE THAT AN OFFENDER'S PHOTOGRAPH MUST BE PROVIDED TO SLED BEFORE HE IS RELEASED; TO AMEND SECTION 23-3-450, AS AMENDED, RELATING TO REQUIRING A SEX OFFENDER TO REGISTER WITH THE SHERIFF OF THE COUNTY IN WHICH HE RESIDES, SO AS TO PROVIDE THAT THE OFFENDER ALSO MUST REGISTER WITH THE SHERIFF OF THE COUNTY WHERE HE OWNS REAL PROPERTY; AND TO AMEND SECTION 23-3-460, AS AMENDED, RELATING TO REQUIRING A SEX OFFENDER TO REGISTER ANNUALLY FOR LIFE, SO AS TO PROVIDE THAT A REGISTERED SEX OFFENDER WHO ACQUIRES REAL PROPERTY WITHIN THIS STATE MUST PROVIDE NOTICE OF THE ADDRESS TO THE SHERIFF IN THE COUNTY WHERE THE REAL PROPERTY IS LOCATED, AND TO PROVIDE THAT A PERSON WHO IS REQUIRED TO REGISTER AS A SEX OFFENDER WHO MOVES TO THIS STATE, ACQUIRES REAL PROPERTY IN THIS STATE, AND IS NOT UNDER THE JURISDICTION OF CERTAIN CORRECTIONAL AGENCIES, MUST REGISTER WITHIN TEN DAYS OF ACQUIRING PROPERTY WITHIN THIS STATE.
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 therein the following:
/ SECTION 1. Section 23-3-410 of the 1976 Code, as last amended by Act 384 of 1998, is further amended to read:
"Section 23-3-410. (A) The registry is under the direction of the Chief of the State Law Enforcement Division (SLED) and shall contain information the chief considers necessary to assist law enforcement in the location of persons convicted of certain offenses. SLED shall develop and operate the registry to: collect, analyze, and maintain information; to make information available to every enforcement agency in this State and in other states; and to establish a security system to ensure that only authorized persons may gain access to information gathered under this article.
(B) SLED shall include and cross-reference alias names in the registry."
SECTION 2. Section 23-3-430 of the 1976 Code, as last amended by Act 208 of 2004, is further amended to read:
"Section 23-3-430. (A) Any person, regardless of age, residing in the State of South Carolina who in this State has been convicted of, adjudicated delinquent for, pled guilty or nolo contendere to an offense described below, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere, or found not guilty by reason of insanity in any comparable court in the United States, or a foreign country, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere, or found not guilty by reason of insanity in the United States federal courts of a similar offense, or who has been convicted of, adjudicated delinquent for, pled guilty or nolo contendere, or found not guilty by reason of insanity to an offense for which the person was required to register in the state where the conviction or plea occurred, shall be required to register pursuant to the provisions of this article. A person who has been found not guilty by reason of insanity shall not be required to register pursuant to the provisions of this article unless and until the person is declared to no longer be insane or is ordered to register by the trial judge. A person who has been convicted, adjudicated delinquent, pled guilty or nolo contendere, or found not guilty by reason of insanity in any court in a foreign country may raise as a defense to a prosecution for failure to register that the offense in the foreign country was not equivalent to any offense in this State for which he would be required to register and may raise as a defense that the conviction, adjudication, plea, or finding in the foreign country was based on a proceeding or trial in which the person was not afforded the due process of law as guaranteed by the Constitution of the United States and this State.
(B) For purposes of this article, a person who remains in this State for a total of thirty days during a twelve-month period is a resident of this State.
(C) For purposes of this article, a person who has been convicted of, pled guilty or nolo contendere to, or been adjudicated delinquent for any of the following offenses shall be referred to as an offender:
(1) criminal sexual conduct in the first degree (Section 16-3-652);
(2) criminal sexual conduct in the second degree (Section 16-3-653);
(3) criminal sexual conduct in the third degree (Section 16-3-654);
(4) criminal sexual conduct with minors, first degree (Section 16-3-655(1));
(5) criminal sexual conduct with minors, second degree. If evidence is presented at the criminal proceeding and the court makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct, as contained in Section 16-3-655(3) provided the offender is eighteen years of age or less, or consensual sexual conduct between persons under sixteen years of age, the convicted person is not an offender and is not required to register pursuant to the provisions of this article;
(6) engaging a child for sexual performance (Section 16-3-810);
(7) producing, directing, or promoting sexual performance by a child (Section 16-3-820);
(8) criminal sexual conduct: assaults with intent to commit (Section 16-3-656);
(9) incest (Section 16-15-20);
(10) buggery (Section 16-15-120);
(11) committing or attempting lewd act upon child under sixteen (Section 16-15-140);
(12) peeping, voyeurism, or aggravated voyeurism (Section 16-17-470);
(13) violations of Article 3, Chapter 15 of Title 16 involving a minor;
(14) a person, regardless of age, who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in this State, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in a comparable court in the United States, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in the United States federal courts of indecent exposure or of a similar offense in other jurisdictions is required to register pursuant to the provisions of this article if the court makes a specific finding on the record that based on the circumstances of the case the convicted person should register as a sex offender;
(15) kidnapping (Section 16-3-910) of a person eighteen years of age or older except when the court makes a finding on the record that the offense did not include a criminal sexual offense or an attempted criminal sexual offense;
(16) kidnapping (Section 16-3-910) of a person under eighteen years of age except when the offense is committed by a parent;
(17) criminal sexual conduct when the victim is a spouse (Section 16-3-658);
(18) sexual battery of a spouse (Section 16-3-615);
(19) sexual intercourse with a patient or trainee (Section 44-23-1150).;
(20) criminal solicitation of a minor if the purpose or intent of the solicitation or attempted solicitation was to:
(a) persuade, induce, entice, or coerce the person solicited to engage or participate in sexual activity as defined in Section 16-15-375(5); or
(b) perform a sexual activity in the presence of the person solicited (Section 16-15-342).; or
(21) administering, distributing, dispensing, delivering, or aiding, abetting, attempting, or conspiring to administer, distribute, dispense, or deliver a controlled substance or gamma hydroxy butyrate to an individual with the intent to commit a crime listed in Section 44-53-370(f), except petit larceny or grand larceny.
(D) Upon conviction, adjudication of delinquency, guilty plea, or plea of nolo contendere of a person of an offense not listed in this article, the presiding judge may order as a condition of sentencing that the person be included in the sex offender registry if good cause is shown by the solicitor.
(E) SLED shall remove a person's name and any other information concerning that person from the sex offender registry immediately upon notification by the Attorney General that the person's adjudication, conviction, guilty plea, or plea of nolo contendere for an offense listed in Section 23-3-430(C) subsection (C) was reversed, overturned, or vacated on appeal and a final judgment has been rendered.
(F) If an offender receives a pardon for the offense for which he was required to register, the offender may not be removed from the registry except:
(1) as provided by the provisions of subsection (E); or
(2) if the pardon is based on a finding of not guilty specifically stated in the pardon.
(G) If an offender files a petition for a writ of habeas corpus or a motion for a new trial pursuant to Rule 29 (b), South Carolina Rules of Criminal Procedure, based on newly discovered evidence, the offender may not be removed from the registry except:
(1) as provided by the provisions of subsection (E); or
(2)(a) if the circuit court grants the offender's petition or motion and orders a new trial; and
(b) a verdict of acquittal is returned at the new trial or entered with the state's consent."
SECTION 3. Section 23-3-440 of the 1976 Code, as last amended by Act 384 of 1998, is further amended to read:
"Section 23-3-440. (1) Prior to Before an offender's release from the Department of Corrections after completion of the term of imprisonment, from the Department of Juvenile Justice after completion of the term of confinement, or being placed on parole, the Department of Corrections or the Department of Probation, Parole and Pardon Services, as applicable, SLED, based upon information provided by the Department of Corrections, the Department of Juvenile Justice, the Juvenile Parole Board, or the Department of Probation, Parole and Pardon Services, shall notify the sheriff of the county where the offender intends to reside and SLED that the offender is being released and has provided an address within the jurisdiction of the sheriff for that county. The Department of Corrections, the Department of Juvenile Justice, the Juvenile Parole Board, and the Department of Probation, Parole and Pardon Services shall provide verbal and written notification to the offender that he must register with the sheriff of the county in which he intends to reside within twenty-four hours one business day of his release. Further, the Department of Corrections, the Department of Juvenile Justice, and the Juvenile Parole Board shall obtain descriptive information of the offender, including a current photograph prior to release. The offender's photograph must be provided to SLED before he is released.
(2) The Based upon information provided by the Department of Probation, Parole, and Pardon Services, shall notify SLED shall notify and the sheriff of the county where an offender is residing when the offender is sentenced to probation or is a new resident of the State who must be supervised by the department. The Department of Probation, Parole, and Pardon Services also shall provide verbal and written notification to the offender that he must register with the sheriff of the county in which he intends to reside. An offender who is sentenced to probation must register within ten days one business day of sentencing. Further, the Department of Probation, Parole, and Pardon Services shall obtain descriptive information of the offender, including a current photograph that is to be updated annually prior to expiration of the probation sentence.
(3) The Based upon information provided by the Department of Juvenile Justice, shall notify or the Juvenile Parole Board SLED shall notify and the sheriff of the county where an offender is residing when the offender is released from a Department of Juvenile Justice facility or the Juvenile Parole Board, or when the Department of Juvenile Justice or the Juvenile Parole Board is required to supervise the actions of the juvenile. The Department of Juvenile Justice or the Juvenile Parole Board must provide verbal and written notification to the juvenile and his parent, legal guardian, or custodian that the juvenile must register with the sheriff of the county in which the juvenile resides. The juvenile must register within twenty-four hours one business day of his release or within ten days if he was not confined to a Department of Juvenile Justice's facility. The parents or legal guardian of a person under seventeen years of age who is required to register under this chapter must ensure that the person has registered.
(4) The Department of Corrections, the Department of Probation, Parole and Pardon Services, and the Department of Juvenile Justice shall provide to SLED the initial registry information regarding the offender prior to his release from imprisonment or relief of supervision. This information shall be collected in the event the offender fails to register with his county sheriff."
SECTION 4. Section 23-3-450 of the 1976 Code is amended to read:
"Section 23-3-450. The offender shall register with the sheriff of the each county in which he resides, owns real property, or attends any public or private school, including, but not limited to, a secondary school, adult education school, college or university, and any vocational, technical, or occupational school. To register, the offender must provide information as prescribed by SLED. The sheriff in the county in which the offender resides, owns real property, or attends any public or private school shall forward all required registration information to SLED within five business days. A copy of this information must be kept by the sheriff's department. The county sheriff shall ensure that all information required by SLED is secured and shall establish specific times of the day during which an offender may register. An offender shall not be considered to have registered until all information prescribed by SLED has been provided to the sheriff. The sheriff in the county in which the offender resides, owns real property, or attends any public or private school shall notify all local law enforcement agencies, including college or university law enforcement agencies, within five business days of an offender who resides, owns real property, or attends any public or private school within the local law enforcement agency's jurisdiction."
SECTION 5. Section 23-3-460 of the 1976 Code is amended to read:
"Section 23-3-460. Any A person required to register under this article shall be is required to register annually for life. For purposes of this article, 'annually' means each year within thirty days after the anniversary date of the offender's last registration. The offender shall register at the sheriff's department in the each county where he resides, owns real property, or attends any public or private school, including, but not limited to, a secondary school, adult education school, college or university, and any vocational, technical, or occupational school. A person determined by a court to be a sexually violent predator pursuant to state law is required to verify registration and be photographed every ninety days by the sheriff's department in the county in which he resides unless the person is committed to the custody of the State, whereby verification shall be held in abeyance until his release.
If any a person required to register under this article changes his address within the same county, that person must send written notice of the change of address to the county sheriff within ten days of establishing the new residence. If a person required to register under this article owns or acquires real property within a county in this State, or attends any public or private school, including, but not limited to, a secondary school, adult education school, college or university, and any vocational, technical, or occupational school, he must register with the sheriff in each county where the real property or the public or private school is located within ten days of acquiring the real property or attending the public or private school.
If any a person required to register under this article changes his address into another county in South Carolina, the person must register with the county sheriff in the new county within ten days of establishing the new residence. The person must also provide written notice within ten days of the change of address in the previous county to the county sheriff with whom the person last registered.
Any A person required to register under this article and who is employed by, attends, is enrolled at, or carries on a vocation at an institution of higher education any public or private school, including, but not limited to, a kindergarten, elementary school, middle school or junior high, high school, secondary school, adult education school, college or university, and any vocational, technical, or occupational school must provide written notice within ten days of each change in attendance, enrollment, employment, or vocation status at an institution of higher education any public or private school in this State. For purposes of this section: 'employed and carries on a vocation' means employment that is full time or part time for a period of time exceeding fourteen days or for an aggregate period of time exceeding thirty days during any calendar year, whether financially compensated, volunteered, or for the purpose of government or educational benefit; and 'student' means a person who is enrolled on a full-time or part-time basis, in any public or private educational institution, including any secondary school, trade, professional institution, or institution of higher education school, including, but not limited to, a kindergarten, elementary school, middle school or junior high, high school, secondary school, adult education school, college or university, and any vocational, technical, or occupational school.
If any a person required to register under this article moves outside of South Carolina, the person must provide written notice within ten days of the change of address to a new state to the county sheriff with whom the person last registered.
Any A person required to register under this article who moves to South Carolina from another state, establishes residence, acquires real property, attends or is enrolled at, or is employed by or carries on a vocation at any public or private school, including, but not limited to, a kindergarten, elementary school, middle school or junior high, high school, secondary school, adult education school, college or university, and any vocational, technical, or occupational school in South Carolina, and is not under the jurisdiction of the Department of Corrections, the Department of Probation, Parole and Pardon Services, or the Department of Juvenile Justice, or the Juvenile Parole Board at the time of moving to South Carolina must register within ten days of establishing residence, acquiring real property, attending or enrolling at, or being employed by or carrying on a vocation at any public or private school in this State.
The sheriff of the county in which the person resides must forward all changes to any information provided by a person required to register under this article to SLED within five business days.
A sheriff who receives registration information, notification of change of address, or notification of change in attendance, enrollment, employment, or vocation status at any public or private school, including, but not limited to, a kindergarten, elementary school, middle school or junior high, high school, secondary school, adult education school, college or university, and any vocational, technical, or occupational school, must notify all local law enforcement agencies, including college or university law enforcement agencies, within five business days of an offender whose address, real property, or public or private school is within the local law enforcement agency's jurisdiction.
The South Carolina Department of Motor Vehicles, shall inform, in writing, any new resident who applies for a driver's license, chauffeur's license, vehicle tag, or state identification card of the obligation of sex offenders to register. The department also shall inform, in writing, a person renewing a driver's license, chauffeur's license, vehicle tag, or state identification card of the requirement for sex offenders to register."
SECTION 6. Section 23-3-470 of the 1976 Code is amended to read:
"Section 23-3-470. (A) It is the duty of the offender to contact the sheriff in order to register, provide notification of change of address, or notification of change in attendance, enrollment, employment, or vocation status at any public or private school, including, but not limited to, a kindergarten, elementary school, middle school or junior high, high school, secondary school, adult education school, college or university, and any vocational, technical, or occupational school. If an offender fails to register, provide notification of change of address, or notification of change in attendance, enrollment, employment, or vocation status at any public or private school, as required by this article, he must be punished as provided in subsection (B).
(B)(1) A person convicted for a first offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of ninety days, no part of which shall be suspended nor probation granted.
(2) A person convicted for a second offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of one year, no part of which shall be suspended nor probation granted.
(3) A person convicted for a third or subsequent offense is guilty of a felony and must be imprisoned for a mandatory period of five years, three years of which shall not be suspended nor probation granted."
SECTION 7. Article 7, Chapter 3, Title 23 of the 1976 Code is amended by adding:
"Section 23-3-525. A real estate brokerage and its affiliated licensees is immune from liability for any act or omission related to the disclosure of information under this chapter if the brokerage or its affiliated licensees in a timely manner provides to its clients and customers written notice that they may obtain information about the sex offender registry and persons registered with the registry by contacting the county sheriff. The notice may be included as part of a listing agreement, buyer representation agreement, or sales agreement."
SECTION 8. Chapter 3, Title 23 of the 1976 Code is amended by adding:
"Section 23-3-540. (A) Prior to an offender's release after completion of a term of imprisonment, being placed on parole, being placed under community supervision, being placed under a community supervision program, or when an offender is sentenced to probation, the Department of Probation, Parole and Pardon Services shall place the offender under a system of active electronic monitoring that identifies the location of the offender and that can produce, upon request, reports or records of the offender's presence near or within a crime scene or prohibited area or the offender's departure from a specified geographic location.
(B) An offender who violates a term of probation, parole, community supervision, or a community supervision program must be ordered by the court to be placed by the Department of Probation, Parole and Pardon Services under a system of active electronic monitoring that identifies the location of the offender and that can produce, upon request, reports or records of the offender's presence near or within a crime scene or prohibited area or the offender's departure from a specified geographic location.
(C) This section applies to an offender who has been:
(1) convicted of, pled guilty or nolo contendere to, or been adjudicated delinquent for any of the following offenses:
(a) criminal sexual conduct with minors, first degree (Section 16-3-655(1));
(b) criminal sexual conduct with minors, second degree. If evidence is presented at the criminal proceeding and the court makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct, as contained in Section 16-3-655(3) provided the offender is eighteen years of age or less, or consensual sexual conduct between persons under sixteen years of age, the convicted person is not an offender and is not required to register pursuant to the provisions of this article;
(c) engaging a child for sexual performance (Section 16-3-810);
(d) producing, directing, or promoting sexual performance by a child (Section 16-3-820);
(e) criminal sexual conduct: assaults with intent to commit (Section 16-3-656) involving a minor;
(f) committing or attempting lewd act upon child under sixteen (Section 16-15-140);
(g) violations of Article 3, Chapter 15 of Title 16 involving a minor;
(h) kidnapping (Section 16-3-910) of a person under eighteen years of age except when the offense is committed by a parent;
(i) criminal solicitation of a minor if the purpose or intent of the solicitation or attempted solicitation was to:
(i) persuade, induce, entice, or coerce the person solicited to engage or participate in sexual activity as defined in Section 16-15-375(5);
(ii) perform a sexual activity in the presence of the person solicited (Section 16-15-342);
(2) ordered as a condition of sentencing to be included in the sex offender registry pursuant to Section 23-3-430(D) for an offense involving a minor.
(D) The offender shall remain under the system of active electronic monitoring for the duration of the time the offender is required to remain on the sex offender registry pursuant to the provisions of this article, unless the offender is committed to the custody of the State.
(E) The offender shall follow instructions provided by the Department of Probation, Parole and Pardon Services to maintain the electronic monitoring device in working order. Incidental damage or defacement of the electronic monitoring device must be reported to the Department of Probation, Parole and Pardon Services within two hours. An offender who fails to comply with the reporting requirement of this subsection is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years.
(F) The offender shall abide by any other conditions set forth by the Department of Probation, Parole and Pardon Services with regard to the electronic monitoring.
(G) The offender must be charged a fee in accordance with Section 24-21-85.
(H) A person who intentionally removes, tampers with, defaces, alters, damages, or destroys an electronic monitoring device is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years. This subsection does not apply to a person or agent authorized by the Department of Probation, Parole and Pardon Services to perform maintenance and repairs to the electronic monitoring devices."
SECTION 9. Chapter 3, Title 23 of the 1976 Code is amended by adding:
"Section 23-3-550. A person who knowingly and willfully protects, harbors, or conceals an offender who the person knows is not in compliance with the requirements of this article, is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years."
SECTION 10. Section 40-57-180(E) of the 1976 Code is amended to read:
"(E) No cause of action may arise against an owner of real estate or licensed real estate agent of any party to a transaction for failure to disclose in a transaction:
(1) that the subject real estate is or was occupied by an individual who was infected with a virus or any other disease which has been determined by medical evidence as being highly unlikely to be transmitted through occupancy of a dwelling place either presently or previously occupied by the infected individual;
(2) that the death of an occupant of a property has occurred or the manner of the death;
(3) the location of any registered sex offender;
(4)(3) any offsite condition or hazard that does not directly impact the property being transferred; or
(5)(4) any psychological impact that has no material impact on the physical condition of the property being transferred."
SECTION 11. 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 12. 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, 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 13. All SECTIONS of this act take effect on January 1, 2006, except the appropriately numbered new SECTION adding Section 23-3-540 goes into effect upon the Department of Probation, Parole and Pardon Services' receipt of the funds necessary to implement Section 23-3-540. /
Amend title to conform.
Sen. Larry A. Martin Rep. J. Todd Rutherford Sen. C. Bradley Hutto Rep. G. Murrell Smith, Jr. Sen. George E. Campsen III Rep. Joan B. Brady On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 899 (Word version) -- Senator Campsen: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE RECENTLY COMPLETED INTERCHANGE LOCATED AT THE INTERSECTION OF UNITED STATES HIGHWAYS 52 AND 78 IN THE CITY OF NORTH CHARLESTON "THE ANTLERS INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THE INTERCHANGE THAT CONTAIN THE WORDS "THE ANTLERS INTERCHANGE".
On motion of Rep. LEACH, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:
S. 899 (Word version) -- Senator Campsen: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE RECENTLY COMPLETED INTERCHANGE LOCATED AT THE INTERSECTION OF UNITED STATES HIGHWAYS 52 AND 78 IN THE CITY OF NORTH CHARLESTON "THE ANTLERS INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THE INTERCHANGE THAT CONTAIN THE WORDS "THE ANTLERS INTERCHANGE".
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following was introduced:
H. 4266 (Word version) -- Rep. Clemmons: A HOUSE RESOLUTION TO COMMEND CHRISTEL DEHAAN, FOUNDER OF CHRISTEL HOUSE INTERNATIONAL, FOR HER EXTRAORDINARY WORK IN REMEDYING SOCIAL ILLS AND TO CELEBRATE THE ORGANIZATION'S FUNDRAISER, THE MYRTLE BEACH CHRISTEL HOUSE OPEN, TO BE HELD ON JUNE 13, 2005.
The Resolution was adopted.
The following was introduced:
H. 4267 (Word version) -- Rep. Martin: A HOUSE RESOLUTION TO HONOR AND RECOGNIZE THE LIVES OF JAMES ROBERT "RADIO" KENNEDY AND FORMER T. L. HANNA HIGH SCHOOL FOOTBALL COACH HAROLD JONES, BOTH OF ANDERSON COUNTY, FOR THEIR LIVES OF SERVICE TO T. L. HANNA HIGH SCHOOL AND FOR BEING INSPIRATIONS TO THEIR COMMUNITY, THE STATE, AND THE NATION.
The Resolution was adopted.
The following Bill and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4268 (Word version) -- Reps. Rice and Kennedy: A BILL TO AMEND CHAPTER 17, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL DISTRICTS, SO AS TO PROVIDE FOR THE CREATION OF A STATEWIDE SOUTH CAROLINA SCHOOL DISTRICT, ITS GOVERNANCE, AND ITS POWERS AND DUTIES; TO PROVIDE FOR FORTY LOCAL COUNCILS AND THEIR POWERS AND DUTIES; TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL PROMULGATE REGULATIONS; TO PROVIDE THAT ALL ASSETS AND LIABILITIES BECOME THOSE OF THE SOUTH CAROLINA SCHOOL DISTRICT; TO PROVIDE THAT THE DISTRICT SHALL DEFEND CERTAIN ACTIONS OR PROCEEDINGS ON BEHALF OF CERTAIN TEACHERS; TO PROVIDE FOR THE REISSUANCE OF CERTAIN BONDS PURSUANT TO CERTAIN CONDITIONS; TO PROVIDE FOR CREDIT TO BE GIVEN IN AMERICAN SIGN LANGUAGE; TO ESTABLISH A CHARACTER EDUCATION POLICY; TO PROVIDE FOR CERTAIN TEACHER IN-SERVICE TRAINING; AND TO PROVIDE FOR STUDENTS WALKING OR BIKING TO SCHOOL; BY ADDING SECTION 59-3-5 SO AS TO PROVIDE THAT THE SUPERINTENDENT OF EDUCATION MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE; TO AMEND SECTION 1-30-10, RELATING TO DEPARTMENTS WITHIN THE EXECUTIVE DEPARTMENT, SO AS TO PROVIDE THAT THE SUPERINTENDENT OF EDUCATION MUST BE APPOINTED BY THE GOVERNOR; TO AMEND SECTION 1-30-40, RELATING TO THE DEPARTMENT OF EDUCATION, SO AS TO PROVIDE THAT THE SOUTH CAROLINA SCHOOL DISTRICT MUST BE ADMINISTERED AS PART OF THE DEPARTMENT OF EDUCATION; TO AMEND SECTION 1-11-310, RELATING TO SCHOOL BUSES, SO AS TO CHANGE A REFERENCE FROM THE STATE DEPARTMENT OF EDUCATION TO THE SOUTH CAROLINA SCHOOL DISTRICT; BY ADDING ARTICLE 11 IN CHAPTER 36 OF TITLE 12 SO AS TO IMPOSE AN ADDITIONAL STATEWIDE SALES TAX EQUAL TO THREE PERCENT FOR THE SUPPORT OF THE SOUTH CAROLINA SCHOOL DISTRICT; BY ADDING SECTION 11-11-155 ESTABLISHING THE SOUTH CAROLINA SCHOOL DISTRICT FUND TO RECEIVE THE REVENUE OF THE ADDITIONAL SALES TAX IMPOSED BY THIS ACT; BY ADDING SECTION 12-37-253 SO AS TO EXEMPT ALL TAXABLE PROPERTY FROM ALL PROPERTY TAX MILLAGE IMPOSED FOR SCHOOL OPERATIONS AND TO PAY TO THE SOUTH CAROLINA SCHOOL DISTRICT THE REVENUES OF THE SOUTH CAROLINA SCHOOL DISTRICT FUND, LESS A RESERVE FOR SHORTFALLS, FOR THE TAXES NOT COLLECTED BECAUSE OF THE EXEMPTION ALLOWED BY THIS NEW SECTION, TO PROVIDE THAT THE FAIR MARKET VALUE OF THIS EXEMPTED PROPERTY IS NEVERTHELESS CONSIDERED TAXABLE FOR PURPOSES OF BONDED INDEBTEDNESS AND THE INDEX OF TAX PAYING ABILITY AND PROHIBIT THE USE OF THESE NEW SALES TAX REVENUES TO SUPPLEMENT OTHER STATE FUNDING FOR PUBLIC EDUCATION; BY AMENDING SECTION 6-1-300, RELATING TO DEFINITIONS FOR PURPOSES OF LOCAL GOVERNMENT TAXING LIMITS, SO AS TO REDEFINE "POSITIVE MAJORITY" AS A TWO-THIRDS MAJORITY OF THE ENTIRE GOVERNING BODY; BY AMENDING SECTION 6-1-320, RELATING TO LIMITATIONS ON PROPERTY TAX MILLAGE INCREASES, SO AS TO REQUIRE A POSITIVE MAJORITY VOTE FOR ANY REVENUE IN THE MILLAGE RATE UP TO THE INCREASE IN THE CONSUMER PRICE INDEX AND TO REQUIRE REFERENDUM APPROVAL FOR INCREASES ABOVE THE CONSUMER PRICE INDEX INCREASE; AND TO REPEAL CHAPTER 5, TITLE 59 RELATING TO THE STATE BOARD OF EDUCATION, CHAPTER 13, TITLE 59 RELATING TO COUNTY SUPERINTENDENTS OF EDUCATION, AND CHAPTER 15, TITLE 59, RELATING TO COUNTY BOARDS OF EDUCATION AND SECTIONS 59-3-10 AND 59-3-20 AND TO DIRECT THE CODE COMMISSIONER TO CHANGE CERTAIN REFERENCES FROM THE STATE DEPARTMENT OF EDUCATION AND THE STATE BOARD OF EDUCATION TO THE SOUTH CAROLINA SCHOOL DISTRICT OR THE SUPERINTENDENT OF EDUCATION.
Referred to Committee on Ways and Means
H. 4269 (Word version) -- Rep. Rice: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED; AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO ABOLISH THE BOARD.
Referred to Committee on Ways and Means
The following was introduced:
H. 4270 (Word version) -- Rep. Funderburk: A HOUSE RESOLUTION TO HONOR AND RECOGNIZE THE ACCOMPLISHMENTS OF COMMANDER PERRY LEE MCCOY OF KERSHAW COUNTY UPON HIS RETIREMENT FROM HIS POSITION AS COMMANDER OF AMERICAN LEGION POST 17 AND TO EXTEND BEST WISHES TO HIM IN HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The Senate sent to the House the following:
S. 905 (Word version) -- Senator Short: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE ALONG SOUTH CAROLINA HIGHWAY 215 THAT CROSSES THE CSX RAILROAD TRACKS IN UNION COUNTY THE "LOUIE JACOB DEHART MEMORIAL BRIDGE" AND ERECT APPROPRIATE SIGNS OR MARKERS AT THIS BRIDGE THAT CONTAIN THE WORDS "LOUIE JACOB DEHART MEMORIAL BRIDGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The motion period was dispensed with on motion of Rep. COOPER.
Rep. OWENS moved to adjourn debate upon the following Bill until Thursday, June 2, which was adopted:
H. 3702 (Word version) -- Reps. J. R. Smith, Loftis, Hinson, G. R. Smith, Haskins, Barfield, Vaughn, Clark, Frye, Davenport, Viers, Haley, Altman, Bailey, Cato, Ceips, Chellis, Clemmons, Dantzler, Edge, Hagood, Hamilton, Harrell, Herbkersman, Huggins, Limehouse, Littlejohn, McGee, Merrill, Perry, E. H. Pitts, Rice, Sandifer, Scarborough, D. C. Smith, W. D. Smith, Talley, Tripp and Young: A BILL TO AMEND SECTION 59-67-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTRACTS FOR SCHOOL TRANSPORTATION SERVICES, SO AS TO PROVIDE THAT A SCHOOL DISTRICT MAY CONTRACT WITH PRIVATE INDIVIDUALS OR CONTRACTORS FOR ITS TRANSPORTATION SERVICES AND TO PROVIDE THE FORMULA BY WHICH THE STATE BUDGET AND CONTROL BOARD SHALL CALCULATE STATE AID.
Rep. OWENS moved to adjourn debate upon the following Bill until Thursday, June 2, which was adopted:
S. 138 (Word version) -- Senator Hayes: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 10 TO PROVIDE FOR THE REGISTRATION AND LICENSING OF ALL-TERRAIN VEHICLES.
Rep. OWENS moved to adjourn debate upon the following Joint Resolution until Thursday, June 2, which was adopted:
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. OWENS moved to adjourn debate upon the following Bill until Thursday, June 2, which was adopted:
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. OWENS moved to adjourn debate upon the following Bill until Thursday, June 2, which was adopted:
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, 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. OWENS moved to adjourn debate upon the following Bill until Thursday, June 2, which was adopted:
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.
The following Bill was taken up:
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.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6562CM05), which was adopted:
Amend the bill, as and if amended, by striking SECTIONS 2 and 6 in their entirety.
Renumber sections to conform.
Amend title to conform.
Rep. OWENS explained the amendment.
Rep. OWENS continued speaking.
The amendment was then adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Altman Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady Breeland G. Brown J. Brown Cato Chellis Clark Clemmons Coates Cobb-Hunter Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Govan Hagood Haley Hamilton Hardwick Haskins Hayes Herbkersman J. Hines Hinson Hiott Hosey Howard Huggins Jefferson Leach Limehouse Littlejohn Lucas Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence J. M. Neal Neilson Norman Ott Owens Parks Perry Phillips E. H. Pitts Rice Sandifer Scott Simrill Sinclair Skelton D. C. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Talley Thompson Toole Townsend Tripp Umphlett Viers Weeks Whipper White Whitmire Wilkins Witherspoon
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. SCOTT moved that the House recur to the Morning Hour, which was agreed to.
The following was received:
Columbia, S.C., June 1, 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. 3767:
H. 3767 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 12-2-75, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SIGNATORIES TO TAX RETURNS, SO AS TO AUTHORIZE A QUALIFIED TAX PREPARER TO SIGN ELECTRONICALLY; TO AMEND SECTION 12-4-30, RELATING TO COMPOSITION OF THE DEPARTMENT OF REVENUE, SO AS TO DELETE OUT-DATED LANGUAGE; TO AMEND SECTION 12-4-540, RELATING TO APPRAISAL, ASSESSMENT, AND EQUALIZATION OF TAXABLE VALUES OF CORPORATE PROPERTY, SO AS TO MAKE A GRAMMATICAL CHANGE; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO SECTIONS OF THE INTERNAL REVENUE CODE NOT ADOPTED BY SOUTH CAROLINA, SO AS TO ADD A CROSS REFERENCE; TO AMEND SECTION 12-6-1170, RELATING TO INCOME DEDUCTION FROM TAXABLE RETIREMENT INCOME, SO AS TO ADD CLARIFYING LANGUAGE; TO AMEND SECTION 12-6-1720, RELATING TO TAXABLE INCOME REPORTABLE BY A NONRESIDENT, SO AS TO INCLUDE LOTTERY AND BINGO WINNINGS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO CORRECT A CROSS REFERENCE; TO AMEND SECTION 12-6-3570, AS AMENDED, RELATING TO TAX CREDITS FOR A MOTION PICTURE PRODUCTION COMPANY, SO AS TO CORRECT A CROSS REFERENCE; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO JOB DEVELOPMENT CREDITS, SO AS TO PROVIDE THAT THE COUNTY DESIGNATION IS EFFECTIVE AS OF THE DATE THE APPLICATION FOR CREDITS IS RECEIVED; TO AMEND SECTION 12-54-55, AS AMENDED, RELATING TO INTEREST ON THE UNDERPAYMENT OF ESTIMATED TAX, SO AS TO INCLUDE SMALL AMOUNT PROVISIONS; TO AMEND SECTION 12-54-70, RELATING TO THE EXTENSION OF TIME FOR FILING TAX RETURNS, SO AS TO CLARIFY A CROSS REFERENCE; TO AMEND SECTION 12-54-110, AS AMENDED, RELATING TO THE POWER OF THE DEPARTMENT OF REVENUE TO SUMMON A PERSON, SO AS TO PROVIDE THAT AN ADMINISTRATIVE LAW JUDGE HOLD A CONTEMPT HEARING ON FAILURE TO COMPLY WITH A SUMMONS; AND TO AMEND SECTION 12-60-90, AS AMENDED, RELATING TO SANCTIONS AGAINST A PERSON AUTHORIZED TO REPRESENT A TAXPAYER ADMINISTRATIVELY, SO AS TO INCLUDE A MONETARY PENALTY AND MAKE A CLARIFICATION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 1, 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 S. 348:
S. 348 (Word version) -- Senators Thomas and J. V. Smith: A BILL TO AMEND SECTION 45-2-70 OF THE 1976 CODE, RELATING TO THE POSTING OF RULES IN LODGING ESTABLISHMENTS, TO REQUIRE THE POSTING OF A NOTICE REQUIRED BY SECTION 45-5-80; TO AMEND CHAPTER 5, TITLE 45 BY ADDING SECTION 45-5-80 TO PROVIDE THAT ALL LODGING ESTABLISHMENTS WITHOUT A SPRINKLER SYSTEM MUST POST A NOTICE IN A CONSPICUOUS PLACE AT OR NEAR THE GUEST REGISTRATION DESK; TO AMEND CHAPTER 5, TITLE 45 BY ADDING SECTION 45-5-90 TO REQUIRE THAT INSURANCE COMPANIES THAT PROVIDE PROPERTY INSURANCE FOR HOTELS THAT HAVE WATER SPRINKLER SYSTEMS THAT ARE NOT IN COMPLIANCE WITH NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS MUST INCLUDE A STATEMENT IN THE INSURED'S INSURANCE RENEWAL NOTICE THAT CALCULATES THE PREMIUM SAVINGS THE INSURED WOULD REALIZE IF THE MOTEL'S SPRINKLER SYSTEM WAS COMPLIANT WITH THOSE STANDARDS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was introduced:
H. 4271 (Word version) -- Reps. Scott, Ballentine, J. H. Neal and Howard: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF INTERSTATE HIGHWAY 20 IN LEXINGTON COUNTY FROM MILE MARKER 59 TO MILE MARKER 60 THE "DEPUTY SHERIFF BYRON 'KEITH' CANNON MEMORIAL HIGHWAY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "DEPUTY SHERIFF BYRON 'KEITH' CANNON MEMORIAL HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 913 (Word version) -- Senator Anderson: A CONCURRENT RESOLUTION TO COMMEND BISHOP ETHEL M. TALBERT-SPEARMAN, FOUNDER AND PASTOR OF FAITH CATHEDRAL, INC. AND THE BISHOP OF THE LOOK UP AND LIVE MINISTRIES, FOR HER DEDICATION TO COMMUNITY SERVICE AND HER UNYIELDING COMMITMENT TO THE LORD ALMIGHTY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 914 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE THE ACCOMPLISHMENTS OF WIILIAM M. MACKIE, JR., UPON HIS RETIREMENT AS PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE SOUTH CAROLINA STUDENT LOAN CORPORATION AND EXTEND BEST WISHES TO HIM IN HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
Rep. G. R. SMITH asked unanimous consent to recall H. 3108 (Word version) from Legislative Council.
Rep. SINCLAIR objected.
Rep. DUNCAN moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4236 (Word version) -- Reps. Harrell, Altman, Breeland, R. Brown, Chellis, Dantzler, Hagood, Limehouse, Mack, Merrill, Scarborough, Whipper and Young: A CONCURRENT RESOLUTION APPLAUDING THE WEST ASHLEY HIGH SCHOOL LADY WILDCATS ON THEIR 4-3 SUDDEN DEATH OVERTIME VICTORY OVER FORT MILL FOR THEIR THIRD SOUTH CAROLINA AAAA STATE SOCCER TITLE IN FOUR YEARS, AND HONORING COACH DREW MCNEELY AND THE TEAM ON THEIR CONSISTENCY IN AND DEDICATION TO PLAYING SOCCER OF THE HIGHEST CALIBER.
H. 4237 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION RECOGNIZING THE REVEREND HILDA MCMAHAND OF GREENVILLE COUNTY ON THE OCCASION OF HER SEVENTY-FIFTH BIRTHDAY AND EXPRESSING HEARTFELT GRATITUDE FOR HER MANY YEARS OF SERVICE TO HER CHURCH AND HER COMMUNITY.
H. 4238 (Word version) -- Reps. Weeks, G. M. Smith, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO HONOR AND CONGRATULATE THE REV. DR. MACK T. HINES FOR COMPLETING HIS STUDIES AND RECEIVING HIS DOCTOR OF MINISTRY DEGREE FROM HOOD THEOLOGICAL SEMINARY.
H. 4242 (Word version) -- Rep. Cato: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF MRS. MARY RUTH BRANYON OF GOWENSVILLE AND TO CONVEY THE DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
H. 4248 (Word version) -- Rep. Edge: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE DIANNA BROUTHERS OF HORRY COUNTY FOR HER SELECTION AND SERVICE AS NATIONAL PRESIDENT OF THE REAL ESTATE EDUCATORS ASSOCIATION AND HER SERVICE TO THE NATIONAL ASSOCIATION OF REALTORS(r), THE SOUTH CAROLINA ASSOCIATION OF REALTORS(r), AND THE GRAND STRAND ASSOCIATION OF REALTORS(r) AND TO ACKNOWLEDGE JUNE 21, 2005, AS "DIANNA BROUTHERS AND THE REAL ESTATE EDUCATORS ASSOCIATION APPRECIATION DAY".
H. 4249 (Word version) -- Rep. Barfield: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF HARVEY A. HOUSAND OF HORRY COUNTY ON MAY 23, 2005, AND TO CONVEY DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 4258 (Word version) -- Rep. Harrison: A CONCURRENT RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA STATE FIREMEN'S ASSOCIATION ON ITS ONE HUNDREDTH ANNIVERSARY AND ON THE SERVICES IT HAS PROVIDED TO THE CITIZENS OF THIS STATE FOR MORE THAN ONE HUNDRED YEARS, TO EXPRESS THE CONFIDENCE OF THE MEMBERS OF THE GENERAL ASSEMBLY THAT THE ASSOCIATION WILL CONTINUE ITS GREAT TRADITION OF SERVICE UNDER ITS NEW NAME, THE SOUTH CAROLINA STATE FIREFIGHTERS ASSOCIATION, AND TO EXPRESS THE SINCERE GRATITUDE OF THE GENERAL ASSEMBLY TO THE MEN AND WOMEN AND WHO SERVE AS CAREER AND VOLUNTEER FIREFIGHTERS AND WHO PROTECT OUR STATE.
H. 4259 (Word version) -- Reps. Mack, Breeland, Whipper and R. Brown: A CONCURRENT RESOLUTION TO RECOGNIZE THE LOCAL SWEETGRASS BASKET MAKERS AS THEY EXHIBIT THIS ANCIENT AFRICAN ART FORM AT THE SWEETGRASS CULTURAL ARTS FESTIVAL IN MOUNT PLEASANT.
H. 4260 (Word version) -- Reps. Parks, 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, 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 THE REVEREND DR. WILLIE S. HARRISON OF GREENWOOD COUNTY FOR HIS FAITHFUL SERVICE TO HIS CONGREGATION AND COMMITMENT TO HIS COMMUNITY UPON HIS THIRTIETH ANNIVERSARY AS PASTOR OF MACEDONIA BAPTIST CHURCH.
At 4:25 p.m. the House, in accordance with the motion of Rep. FUNDERBURK, adjourned in memory of John Bonner of Camden, to meet at 10:00 a.m. tomorrow.
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