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 1 Peter 5:3: "Do not lord it over those in your charge, but be examples to the flock."
Let us pray. Lord, help us to be humble in our relationships with other people today. Let our willingness to let You, O Lord, shine upon us and lead us in the way You desire. Make us strong to serve in this hallowed place, that Your will be done. For the leaders assembled here, bless them for their duty. For our Nation, President, our State and her leaders, bless and protect. Keep our defenders of freedom in Your care. Lord, hear our prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. CATO moved that when the House adjourns, it adjourn in memory of Robert Morton of Greenville, which was agreed to.
The following was received:
To: The Clerk of the House
From: Glenn F. McConnell, Chairman
Date: May 4, 2005
In compliance with the provisions of Act No. 119, 1975 S.C. Acts 122, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.
Date Draft Report Issued: Wednesday, May 4, 2005
Date and Time Final Report Issued: 12:00 noon on Wednesday, May 11, 2005
INTRODUCTION
The Judicial Merit Selection Commission is charged by law to consider the qualifications of candidates for the judiciary. This report details the reasons for the Commission's findings, as well as each candidate's qualifications as they relate to the Commission's evaluative criteria. The Commission operates under the law that went into effect July 1, 1997, and which dramatically changed the powers and duties of the Commission. One component of this law is that the Commission's finding of "qualified" or "not qualified" is binding on the General Assembly. The Commission is also cognizant of the need for members of the General Assembly to be able to differentiate between candidates and, therefore, has attempted to provide as detailed a report as possible.
The Judicial Merit Selection Commission is composed of ten members, four of whom are non-legislators. The Commission has continued the more in-depth screening format started in 1997. The Commission has asked candidates their views on issues peculiar to service on the court to which they seek election. These questions were posed in an effort to provide members of the General Assembly with more information about candidates and the candidates' thought processes on issues relevant to their candidacies. The Commission also
Commission's Findings: QUALIFIED AND NOMINATED
(1) Constitutional Qualifications:
Based on the Commission's investigation, Ms. Gammons meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Ms. Gammons was born on February 24, 1960. She is 45 years old and a resident of Greenville, South Carolina. Ms. Gammons provided in her application that she has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1992.
(2) Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Ms. Gammons.
Ms. Gammons demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Ms. Gammons reported that she has not made any campaign expenditures.
Intensive four-week program that examines important legal issues that affect most Americans' lives (abortion, physician-assisted suicide, death penalty, same-sex marriage, insanity defense, First Amendment, racial discrimination, gender discrimination); study of case law, Statutes. Students engage in debates, Mock Trials, drafting legislation, and observing real Trials and Guilty Pleas.
(b) Family Law-Greenville Technical College:
Examination of all aspects of practicing Family Law and the skills and knowledge needed to be an effective paralegal.
(c) Claims Investigations - Greenville Technical College:
Examination of all aspects of handling a personal injury and the skills and knowledge needed to be an effective paralegal.
(d) Discovery-Greenville Technical College:
Examination of all areas of Discovery - how to present request information; find information; submit information to the adverse party; obtain information from the adverse party and other sources.
(e) Ethics-Greenville Association of Legal Assistants Seminar (2 years)
Taught the basics of Ethics; prepared seminar materials.
(f) Zoning and Land Use-Lorman Education Services Seminar:
The necessary elements of an effective Zoning Ordinance; effective presentation before the Board of Zoning Appeals; duties of the Board of Zoning Appeals and the Zoning Administrator; examination of case law and specific matters before the Board of Zoning Appeals."
Prosecution of criminal cases (average 600 Warrants per year); interviewed Witnesses, Victims, Police Officers, and Pre-Trial Intervention candidates
Attorney, Warlick Law Office, 1993-1994:
General Practice - represented Clients (mainly Plaintiffs); litigated cases (personal injury, medical malpractice, child custody, divorce, criminal defense).
Law Partner, Daniels and Gammons, Attorneys at Law, 1994-1997:
General Practice - represented Clients (Plaintiffs and Defendants); litigated civil and criminal cases (including, but not
Prosecute criminal cases (average 1070 Warrants/Tickets per year); manage and litigate civil cases; draft briefs; research law; litigate Appeals (civil and criminal); manage cases of employee misconduct or employee grievances; advise City Departments; advise Board of Zoning Appeals, Risk Management Team, Civil Service Commission; negotiate and manage certain contracts (particularly, the Humane Society for Animal Control, Police Duty Wrecker Service), handle Business License Revocations."
Ms. Gammons provided the following information relative to her experience in criminal and civil matters:
"Criminal Matters: Prosecution of criminal cases since working in the Solicitor's Office in Charleston; these cases involved driving offenses, including Felony Driving Under the Influence, Assault and Battery, Lynching, Criminal Domestic Violence; City cases include Assault and Battery, Disorderly Conduct, Driving Under the Influence, 1st offense, Shoplifting, Fraudulent Check, Simple Possession of Marijuana, Criminal Domestic Violence, 1st and 2nd offense, Driving Under Suspension, Unlawful Carrying of a Weapon. Cases that do not reach a plea negotiation are tried before a Jury. Besides the issues of proving the case beyond a reasonable doubt, the usual issues of objections based on hearsay, admission of prior bad acts, exclusion of evidence, exclusion of witnesses are involved.
While in private practice, I defended those accused of crimes (Driving Under the Influence, Section 1983 actions against police officers for use of excessive force, Assault and Battery, Drug cases).
Civil Matters: As Assistant City Attorney, I handle cases involving allegations of wrongdoing of police officers (use of excessive force, false arrest, Section 1983 actions). I litigate the Zoning Appeals, allegations of the unlawful denial of a Building Permit; allegations of Freedom of Information Act violations; and personal injury and property damage actions against a City employee. I also litigate the Vehicle Confiscation and Forfeiture cases; appear before the Employment Security Commission for unemployment compensation disputes; appear before the Administrative Law Court requesting denial of Alcohol Permits.
While in private practice, I handled divorces, child custody, child support, and adoption cases. I also handled medical malpractice, 'slip and fall,' breach of contract, and personal injury cases."
Ms. Gammons reported the frequency of her court appearances during the last five years as follows:
"(a) federal: 0;
(b) state: 6 times per year."
Ms. Gammons reported the percentage of her practice involving civil, criminal, and domestic matters during the last five years as follows:
"(a) civil: 10%;
(b) criminal: 90%;
(c) domestic: 0%."
Ms. Gammons reported the percentage of her practice in trial court during the last five years as follows:
"(a) jury: 10%;
(b) non-jury: 90%."
Ms. Gammons reported that she most often served as sole counsel.
The following is Ms. Gammons' account of her five most significant litigated matters:
"(a) Massey v. City of Greenville, 341 S.C. 193, 532 S.E.2d 885 (Ct. App. 2000). Plaintiff alleged the Board of Zoning Appeals was erroneous in its denial of her request for a Special Exception. Significance - First case I argued before the Court of Appeals. I enjoyed the research and writing the brief. I also enjoyed the oral arguments.
(b) Chapman v. Troup, Case Number: 2003-CP-23-6006. Plaintiff alleged that his Fourth and Fourteenth Amendment rights were violated pursuant to Section 1983 and he was falsely arrested without probable cause by City Detective. Significance - This was a 2-day Jury Trial and the presiding Judge ruled against me at almost every turn. He even admitted his error in sustaining a substantial objection by Plaintiff's attorney. But I won.
(c) Foster v. City of Greenville, Case Number: 1996-CP-23-1399. Plaintiff alleged that City wrongfully denied him a Building Permit. Significance - This was a Jury Trial that I had to handle after working for City for only a few weeks; I did not have a great deal of time to prepare. I won the case.
(d) City v. Watson. Defendant was charged with Simple Possession of Marijuana. Significance - Defendant was an outstanding football player at the University of South Carolina and a prospect for
Plaintiff (my client) alleged that Defendant (Sheriff's Deputy) used excessive force in arresting Plaintiff. Significance - During the discovery phase, I deposed then Sheriff, Johnny Mack Brown. During questioning, he jumped up out his chair as if he were going to hit me. I calmly stood up and requested that he answer my question and behave like an adult and a professional. He behaved as though I was supposed to be afraid of him because I was young and a female. I stood my ground and we finished the deposition. When we went to Court the Defense made a reasonable offer but my client refused it; I did not win the case."
The following is Ms. Gammons' account of civil appeals she has personally handled:
"(a) Massey v. City of Greenville, South Carolina Court of Appeals, June 12, 2000, 341 S.C. 193, 532 S.E.2d 885 (Ct. App. 2000).
(b) Acker v. City of Greenville, et al., Greenville County Court of Common Pleas (Appeal of the Business License Administrator's decision), Case Number: 2002-CP-23-7239, order signed June 15, 2004.
(c) Brown, et al. v. City of Greenville, Greenville County Court of Common Pleas (Appeal of the Board of Zoning Appeals' decision), Case Number: 2003-CP-23-211, order signed June 17, 2003.
(d) Mauldin Investments, Incorporated v. City of Greenville, Greenville County Court of Common Pleas (Appeal of the Board of Zoning Appeals' decision), Case Number: 2001-CP-23-4728, order signed December 30, 2003."
Ms. Gammons reported that she was an unsuccessful candidate for the South Carolina State Senate, Senate District 7 in the years 2000 and 2004.
Commission's Findings: QUALIFIED AND NOMINATED
(1) Constitutional Qualifications:
Based on the Commission's investigation, Mr. Hoefer meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Mr. Hoefer was born on November 20, 1954. He is 50 years old and a resident of Florence, South Carolina. Mr. Hoefer provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1980.
(2) Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Hoefer.
Mr. Hoefer demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Mr. Hoefer reported that he has not made any campaign expenditures.
Mr. Hoefer testified he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator;
(c) asked third persons to contact members of the General Assembly prior to screening.
This is a general practice law firm representing clients in civil (state and federal), domestic, criminal (state and federal), workers compensation, real estate and general litigation matters."
He provided the following additional information relative to his experience in circuit court:
"My criminal practice is approximately 40% of my total practice. In such matters I prosecuted for 5 years, as an assistant solicitor in my circuit and have defended for the past 17 years. I am certified to
Commission's Findings: QUALIFIED AND NOMINATED
(1) Constitutional Qualifications:
Based on the Commission's investigation, Mr. Russo meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Mr. Russo was born on April 26, 1955. He is 50 years old and a resident of Florence, South Carolina. Mr. Russo provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1987. Mr. Russo has also been licensed to practice law in the State of Georgia since 1988.
(2) Ethical Fitness:
The Commission questioned Mr. Russo about a letter of introduction dated (February 8, 2005) sent by him to members of the General Assembly on letterhead of the Solicitor of the Twelfth Judicial Circuit. Although Mr. Russo testified that he paid the Solicitor's Office for the stationery and paid for the postage, he did not include a disclaimer in the letter noting that. Furthermore, even though the letter did not specifically state that the Solicitor endorsed Mr. Russo, the use of the Solicitor's letterhead might give the appearance of the Solicitor's endorsement. Mr. Russo apologized for the misimpression the letterhead might give and appeared to grasp the seriousness of the Commission's inquiry into its use.
Mr. Russo demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Mr. Russo reported that he has made $197.40 in campaign expenditures for postage and stationery.
Mr. Russo testified he has not:
(a) sought or received the pledge of any legislator prior to screening;
"I teach Business Law classes at Florence/Darlington Technical College and have done so since January 2001.
I taught a conference on trying DUI cases. This was primarily for Law Enforcement Agencies in helping police officers prosecute DUI cases in Municipal and Magistrates Courts, from both the prosecution as well as the defense perspectives."
Mr. Russo reported that he has not published any books and/or articles.
(1) Constitutional Qualifications:
Based on the Commission's investigation, Judge Wilson meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Judge Wilson was born on August 13, 1955. She is 49 years old and a resident of Conway, South Carolina. Judge Wilson provided in her application that she has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1981.
(2) Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Wilson.
Judge Wilson demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Judge Wilson reported that she has not made any campaign expenditures.
Judge Wilson testified she has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator;
(c) asked third persons to contact members of the General Assembly prior to screening.
Commission's Findings: QUALIFIED AND NOMINATED
(1) Constitutional Qualifications:
Based on the Commission's investigation, Mr. Gibbons meets the qualifications prescribed by law for judicial service as a Family Court judge.
Mr. Gibbons was born on November 24, 1966. He is 38 years old and a resident of Chester, South Carolina. Mr. Gibbons provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1992.
(2) Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Gibbons.
Family Law courses and an Employment Law seminar (2004)."
Mr. Gibbons reported the following regarding law-related courses he has taught:
"I spoke at the December 2003 Municipal Attorneys Association seminar on the status of invocations at municipal council meetings in light of the federal courts' rulings against the Town of Great Falls, South Carolina. I am the town attorney."
Mr. Gibbons reported that he has not published any books and/or articles.
Town Attorney for Great Falls from1997 to the present."
All of the above positions were appointed.
(6) Physical Health:
Mr. Gibbons appears to be physically capable of performing the duties of the office he seeks.
(7) Mental Stability:
Mr. Gibbons appears to be mentally capable of performing the duties of the office he seeks.
(8) Experience:
Mr. Gibbons was admitted to the South Carolina Bar in 1992. The following is his account of his legal experience since graduation from law school:
"Associate, Hamilton, Hamilton & Delleney, PA
August 1992 - December 1993.
Partner, Hamilton, Delleney & Gibbons, PA
1994 - Present.
City Attorney, Chester
1994 - 2000.
Town Attorney, Great Falls
1997 - Present.
Town Attorney, Fort Lawn
1998 - January 2005.
I have been involved in a general practice law firm since coming to Chester out of law school. I have primarily practiced in the areas of family law, criminal, and personal injury for the last twelve years. I
Sixth Circuit Representative, Young Lawyers Division;
(b) S.C. Trial Lawyers Association-Board of Governors, Sixth Circuit Representative;
(c) Chester County Bar-Secretary/Treasurer;
(d) Municipal Attorneys Association."
Mr. Gibbons provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a) Chester Rotary Club, Past President, Paul Harris Fellow;
(b) Chester YMCA Board, Past President;
(c) Chester/Fairfield Citadel Club, Past President, Secretary/Treasurer;
(d) Blackstock Bluegrass, Inc., Past President;
(e) The Citadel Alumni Association;
(f) Richard Winn Academy, Board Member;
(g) Palmetto Boys State Staff;
(h) Board of Deacons, Chester ARP Church, Chairman."
Mr. Gibbons additionally reported: "I have always been very involved in my church and community. I coach all of my children in their various sports."
Commission member F.G. Delleney, Jr. recused himself during the screening testimony of Mr. Gibbons and abstained from voting on his nomination as a judicial candidate.
The following candidates were found qualified and nominated:
Debra J. Gammons Circuit Court At-Large Seat 12
Frederick A. "Rick" Hoefer II Circuit Court At-Large Seat 12
Received as information.
The following was received:
Columbia, S.C., May 3, 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 Gregory, McGill and Hutto of the Committee of Free Conference on the part of the Senate on S. 212:
S. 212 (Word version) -- Senators McGill, Grooms, Ford, McConnell, Land, Leatherman, Moore, Reese, Drummond, Elliott, Peeler, O'Dell, Fair, Malloy, Leventis, Verdin, Jackson, Short, Patterson, Richardson, Gregory, Courson, Hayes, Ryberg, Anderson, Setzler, Alexander, Sheheen, Hawkins, J. V. Smith, Cromer, Martin, Mescher, Knotts, Hutto, Thomas, Matthews, Rankin and Campsen: A BILL TO AMEND SECTION 50-11-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING WILD TURKEY, SO AS TO MAKE IT UNLAWFUL TO TAKE OR ATTEMPT TO TAKE A WILD TURKEY FROM A WATERCRAFT ON THE WATERS OF THE STATE.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 3, 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. 418:
S. 418 (Word version) -- Senators Hayes and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
Very respectfully,
President
Received as information.
On motion of Rep. LEACH, with unanimous consent, the following were taken up for immediate consideration and accepted:
May 4, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Bicycle Pedestrian Caucus and the Palmetto Cycling Coalition, the Members and staff of the South Carolina House of Representatives are invited to the annual Bicycle Month Breakfast. This event will be held on Wednesday, May 18, 2005, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Natalie C. Britt
Executive Director
May 4, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of Alltel, Bellsouth, Duke Energy, Electric Cooperatives of SC, Piedmont Municipal Power Agency, Piedmont Natural Gas, Progress Energy, SCANA, SC Cable Television Assoc., SC Telephone
Sincerely,
Gene Upchurch, Progress Energy
Vice-President, State Public Affairs
The following were received and referred to the appropriate committee for consideration:
Document No. 2970
Agency: Department of Natural Resources
Statutory Authority: 1976 Code Sections 50-1-200, -210, 50-3-100, 50-11-10, -65, -105, -310, -335, -350, -390, -430, -500, -520, -530, -854, -2200
Seasons, Limits, Methods of Take and Special Use Restrictions on WMA's and Turkey Hunting
Received by Speaker of the House of Representatives
May 4, 2005
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration September 1, 2005 (Subject to Sine Die Revision)
Document No. 2969
Agency: Department of Natural Resources
Statutory Authority: 1976 Code Sections 50-1-200, 50-1-210, 50-3-100, 50-11-10, -65,-105,-310,-335,-350,-390,-430,-500,-520,-530,-854,-2200
Wildlife Management Area Regulations
Received by Speaker of the House of Representatives
May 4, 2005
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration September 1, 2005 (Subject to Sine Die Revision)
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 3672 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 38-43-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DURATION OF A PRODUCER'S LICENSE AND THE LAPSING OF A LICENSE ON RENEWAL FOR NONPAYMENT OF A FEE, SO AS TO CHANGE THE PROCEDURE FOR REINSTATING A LICENSE FOR NONPAYMENT OF A FEE OR FAILURE TO COMPLY WITH THE CONTINUING EDUCATION REQUIREMENT.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 3899 (Word version) -- Reps. Cato, Cooper, Anthony, Duncan, Hayes, Jennings, M. A. Pitts and W. D. Smith: A BILL TO AMEND SECTION 44-75-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR ATHLETIC TRAINER CERTIFICATION, SO AS TO PROVIDE AN APPLICANT MUST PASS THE NATIONAL ATHLETIC TRAINER'S BOARD OF CERTIFICATION, INC., EXAMINATION AND TO DELETE PROVISIONS REQUIRING SPECIFIC BACHELOR OF SCIENCE OR FOUR YEAR COLLEGE DEGREE REQUIREMENTS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
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
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 3796 (Word version) -- Reps. Cato, Huggins and Ballentine: A BILL TO AMEND CHAPTER 60, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF REAL ESTATE APPRAISERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40 UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF REAL ESTATE APPRAISERS, INCLUDING AMONG OTHER THINGS, REVISIONS OF THE CLASSROOM OR COURSE HOURS REQUIRED TO QUALIFY FOR THE DESIGNATED LEVELS OF APPRAISAL PERMITS, LICENSURE, AND CERTIFICATION.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3457 (Word version) -- Reps. White, Rivers, Duncan, G. R. Smith, Limehouse, Bailey, Hagood, Hamilton, Martin, M. A. Pitts, Scarborough, Sinclair, Vaughn, Young and Altman: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, BY ADDING SECTION 25, SO AS TO PROVIDE THAT CONSISTENT WITH THE RESPONSIBILITY OF THE
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
S. 427 (Word version) -- Senators Campsen, Leatherman, Cleary, Fair, Malloy, Cromer, McGill, Mescher, Rankin, Ritchie, Lourie, McConnell, Martin, Ryberg, Bryant, Peeler, Grooms, Verdin, Sheheen, Short, Gregory, J. V. Smith, Courson, Elliott, Alexander, Moore, Drummond, Hayes, Scott, Land, Williams, Thomas, Hutto and Matthews: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 9 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT, AFTER THE GENERAL ASSEMBLY CONVENES ON THE SECOND TUESDAY IN JANUARY OF EACH YEAR, THE SENATE AND THE HOUSE OF REPRESENTATIVES MAY RECEDE FOR A TIME PERIOD NOT TO EXCEED THIRTY CALENDAR DAYS, UNLESS EXTENDED BY A TWO-THIRDS VOTE, AND TO PROVIDE THAT EACH BODY MAY BY APPROPRIATE RULE PROVIDE FOR MEETINGS DURING THE LEGISLATIVE SESSION AS IT SHALL CONSIDER EXPEDIENT; AND TO AMEND ARTICLE III BY DELETING SECTION 21, WHICH PROVIDES THAT NEITHER HOUSE, DURING THE SESSION OF THE GENERAL ASSEMBLY, SHALL WITHOUT THE CONSENT OF THE OTHER ADJOURN FOR MORE THAN THREE DAYS, NOR TO ANY OTHER PLACE THAN THAT IN WHICH IT SHALL BE AT THE TIME SITTING.
Ordered for consideration tomorrow.
H. 3539 (Word version) -- Reps. Wilkins, Harrison, Harrell, G. M. Smith, Young, Simrill, Cobb-Hunter, Altman, Sinclair, Talley, J. E. Smith, Coleman, Agnew, Whipper, Emory, Hagood, G. R. Smith, Hamilton, Tripp, Loftis and Vaughn: A BILL TO AMEND SECTION 8-13-770, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON MEMBERS OF THE GENERAL ASSEMBLY SERVING ON BOARDS AND COMMISSIONS, SO AS TO ADD THE COMMISSION ON INDIGENT DEFENSE TO THE LIST OF EXCEPTIONS; TO AMEND ARTICLE 3, CHAPTER 3, TITLE 17, RELATING TO THE COMMISSION ON INDIGENT DEFENSE, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION, TO REVISE THE DUTIES OF THE COMMISSION, THE OFFICE OF INDIGENT DEFENSE, AND THE EXECUTIVE DIRECTOR OF THE OFFICE OF INDIGENT DEFENSE, TO CREATE THE DIVISION OF APPELLATE DEFENSE WITHIN THE OFFICE OF INDIGENT DEFENSE, TO TRANSFER ALL DUTIES, RIGHTS, AND OBLIGATIONS OF THE FORMER COMMISSION AND OFFICE OF APPELLATE DEFENSE TO THE DIVISION OF APPELLATE DEFENSE, TO PROVIDE SPECIFICALLY FOR THE DUTIES AND OPERATION OF THE DIVISION OF APPELLATE DEFENSE, AND TO REPEAL CHAPTER 4, TITLE 17 RELATING TO THE COMMISSION AND OFFICE OF APPELLATE DEFENSE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3051 (Word version) -- Reps. Sinclair, Harrison, Mahaffey and Umphlett: A BILL TO AMEND SECTION 39-15-1190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF COUNTERFEIT MARKS, SO AS TO FURTHER DEFINE A "COUNTERFEIT MARK", TO ESTABLISH FELONIES FOR THE USE OF, TRAFFICKING IN, AND PRODUCTION OF A COUNTERFEIT MARK, TO PROVIDE FOR SEIZURE AND SALE OF ITEMS IN CONNECTION WITH THE USE OF A
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3928 (Word version) -- Reps. Sinclair, Delleney, Littlejohn, Walker, Jennings and Altman: A BILL TO AMEND SECTION 40-47-213, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCLOSURE OF INFORMATION RELATING TO BOARD PROCEEDINGS, SO AS TO FURTHER PROVIDE WHEN CERTAIN INFORMATION MUST BECOME AVAILABLE FOR PUBLIC INSPECTION AND COPYING, PROVIDE THE PROCESS FOR WHEN A PROCEEDING BECOMES PUBLIC, PROVIDE WHEN A WITNESS MAY PETITION THE BOARD TO CLOSE THE HEARING OR RECORD, AND PROVIDE WHEN THE BOARD MAY ISSUE AN ORDER TO PROTECT THE WITNESS FROM HARM SHOWN TO BE PROBABLE FROM PUBLIC DISCLOSURE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3730 (Word version) -- Reps. Lucas, Cotty and Sinclair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-19-560 SO AS TO PROVIDE THAT UPON AN OWNER OF A MANUFACTURED HOME MEETING ALL REQUIREMENTS FOR RETIRING THE TITLE CERTIFICATE ON HIS MANUFACTURED HOME AND HAVING THE MANUFACTURED HOME AND THE REAL PROPERTY TO WHICH IT IS AFFIXED CLASSIFIED AS REAL PROPERTY, THE REGISTER OF DEEDS OR CLERK OF COURT IN THE COUNTY WHERE IT IS LOCATED MUST TREAT THIS PROPERTY FOR ALL PURPOSES AS REAL PROPERTY AND MAY NOT IN ANY PARTICULARS STILL TREAT THE MANUFACTURED HOME AS PERSONAL PROPERTY.
Ordered for consideration tomorrow.
S. 318 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND CHAPTER 1, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL INCORPORATION, SO AS TO ESTABLISH A JOINT LEGISLATIVE COMMITTEE ON MUNICIPAL INCORPORATION TO REVIEW THE FILING OF AN AREA SEEKING INCORPORATION AND TO RECOMMEND TO THE SECRETARY OF STATE WHETHER THE MINIMUM SERVICE STANDARDS FOR MUNICIPAL INCORPORATION ARE MET AND TO DEFINE CONTIGUITY FOR PURPOSES OF MUNICIPAL INCORPORATION.
Ordered for consideration tomorrow.
On motion of Rep. CATO, with unanimous consent, the following was taken up for immediate consideration:
H. 4031 (Word version) -- Reps. Cato, Allen, Hamilton, Haskins, Leach, Loftis, Rice, F. N. Smith, G. R. Smith, Taylor, Tripp and Vaughn: A HOUSE RESOLUTION TO AUTHORIZE THE CLERK OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO SELECT AN ARTIST TO PAINT THE PORTRAIT OF THE HONORABLE DAVID H. WILKINS OF GREENVILLE, SOUTH CAROLINA, TO BE PLACED APPROPRIATELY IN THE HALL OF THE HOUSE OF REPRESENTATIVES UPON ITS COMPLETION.
Whereas, the Honorable David H. Wilkins of Greenville, South Carolina, has been a member of the South Carolina House of Representatives for twenty-five years and at the time of his election in December of 1994 was the first Republican-elected Speaker of any state legislative body in the South since Reconstruction; and
Whereas, David Wilkins quickly rose to a position of leadership in the House serving with distinction as Chairman of the Judiciary Committee for six years and then as Speaker Pro Tempore for two years before being elected Speaker; and
Whereas, over the years he has guided the House through such complex issues as welfare reform, property tax relief, education
Whereas, David Wilkins was also instrumental in crafting historic ethics reform and played a critical role in the turbulent fight to ban video poker in the State; and
Whereas, during his tenure as Speaker, he has continuously upheld the integrity of the House of Representatives and is known for the professionalism, energy, dedication, and determination with which he conducted the business of the House; and
Whereas, though his public accomplishments are many, the Speaker is also the devoted husband of wife Susan and the proud father to two sons: James and Robert; and
Whereas, it is with great pleasure and respect that his colleagues desire to recognize his strength, loyalty, and leadership for more than two decades in his beloved House of Representatives and to publicly applaud his dedication to the high calling of public service. Now, therefore,
Be it resolved by the House of Representatives:
That the Clerk of the South Carolina House of Representatives is authorized to select an artist to paint the portrait of the Honorable David H. Wilkins of Greenville, South Carolina, to be placed appropriately in the Hall of the House of Representatives upon its completion.
The Resolution was adopted.
The following was introduced:
H. 4032 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan,
The Resolution was adopted.
The following was introduced:
H. 4033 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION RECOGNIZING AND
The Resolution was adopted.
The Senate sent to the House the following:
S. 809 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE LOWER RICHLAND HIGH SCHOOL BASKETBALL SENSATION MIKE JONES FOR HIS OUTSTANDING ACHIEVEMENTS AS A STAR ATHLETE FOR THE DIAMOND HORNETS AND FOR BEING NAMED SOUTH CAROLINA CLASS AAAA MEN'S HIGH SCHOOL BASKETBALL PLAYER OF THE YEAR FOR THE SECOND CONSECUTIVE YEAR BY THE STATE NEWSPAPER.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 817 (Word version) -- Senators Malloy, Short, Patterson, Ford, Jackson, McConnell, Williams, Elliott, Lourie, Martin, Matthews, Richardson and Courson: A CONCURRENT RESOLUTION TO INVITE THE HONORABLE ERNEST F. "FRITZ" HOLLINGS, DISTINGUISHED FORMER GOVERNOR AND UNITED STATES SENATOR OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MAY 11, 2005.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4034 (Word version) -- Rep. Davenport: A BILL TO ENACT THE "SOUTH CAROLINA MEDICAID ACCOUNTABILITY AND HEALTH AND HUMAN SERVICE AGENCIES REORGANIZATION ACT OF 2005", SO AS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 64 TO TITLE 2 TO ESTABLISH THE JOINT MEDICAID REVIEW COMMITTEE TO REVIEW AND MONITOR MEDICAID SPENDING; TO ADD ARTICLE 10 TO CHAPTER 6, TITLE 44 SO AS TO ESTABLISH THE INFORMATION TECHNOLOGY PLANNING TEAM TO DEVELOP PLANS FOR THE EFFICIENT AND EFFECTIVE USE OF INFORMATION TECHNOLOGIES BY HEALTH AND HUMAN SERVICE AGENCIES; TO ADD ARTICLE 8 TO CHAPTER 6, TITLE 44 SO AS TO ESTABLISH PROVISIONS FOR THE EFFECTIVE MANAGEMENT OF MEDICAID, INCLUDING IMPLEMENTING CARE MANAGEMENT PROGRAMS AND PHARMACY BENEFIT MANAGEMENT PROGRAMS, REGULARLY CONVENING DIRECTORS OF AGENCIES THAT RECEIVE MEDICAID FUNDS TO MONITOR, AMONG OTHER THINGS, MEDICAID GROWTH AND SPENDING; TO ADD SECTION 44-6-110 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO DEVELOP ELIGIBILITY DETERMINATION CRITERIA FOR MEDICAID APPLICANTS; TO AMEND SECTION 44-6-80, RELATING TO REPORTS CONCERNING THE COST EFFECTIVENESS OF THE MEDICAID PROGRAM, SO AS TO FURTHER SPECIFY CONTENTS OF THESE REPORTS AND TO REQUIRE THESE REPORTS TO BE PUBLISHED ON THE AGENCY'S INTERNET WEBSITE; TO AMEND ARTICLE 3, CHAPTER 6, TITLE 44, RELATING TO CHILD DEVELOPMENT SERVICES, SO AS TO DELETE THESE PROVISIONS AND TO PROVIDE PROCEDURES FOR MEDICAID FRAUD AND ABUSE MANAGEMENT; TO ADD SECTION 12-21-625 SO AS TO ESTABLISH THE HEALTH AND HUMAN SERVICE AGENCY FUND WHICH SHALL RECEIVE A 1.5 CENT PER CIGARETTE SURTAX FOR A ONE-TIME FUNDING OF THE DEPARTMENT OF SOCIAL SERVICES STATEWIDE AUTOMATED CHILD SUPPORT ENFORCEMENT SYSTEM, FOR THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL
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: A BILL TO AMEND CHAPTER 45, TITLE 11, CODE OF
S. 808 (Word version) -- Senators Patterson, Courson, Lourie and Jackson: A BILL TO DEVOLVE THE AUTHORITY TO APPOINT THE MEMBERS OF THE RICHLAND COUNTY RECREATION COMMISSION FROM THE RICHLAND COUNTY LEGISLATIVE DELEGATION TO THE GOVERNING BODY OF RICHLAND COUNTY.
Referred to Richland Delegation
The roll call of the House of Representatives was taken resulting as follows:
Agnew Altman Anthony Bailey Bales Ballentine Barfield Battle Brady Branham Breeland G. Brown J. Brown R. Brown Cato Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Cooper Dantzler Delleney Duncan Emory
Frye Funderburk Govan Hagood Haley Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines Hinson Hiott Hosey Huggins Jefferson Kirsh Leach Littlejohn Loftis Lucas Mahaffey McCraw McGee Merrill Miller J. H. Neal J. M. Neal Norman Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rice Rivers Rutherford Sandifer Scott 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 Toole Townsend Tripp Umphlett Vaughn Vick Walker Whipper White Whitmire Wilkins Young
I came in after the roll call and was present for the Session on Wednesday, May 4.
Wallace Scarborough William Bowers Catherine Ceips Tracy Edge Mack Hines Bill Cotty Kenneth Kennedy Carl Anderson Glenn Hamilton Thad Viers Creighton Coleman Leon Howard Becky Martin Denny Neilson William Witherspoon David Mack Karl Allen H.B. "Chip" Limehouse Douglas Jennings Walton McLeod Kenny Bingham Thomas Rhoad
Ralph Davenport Fletcher Smith Brenda Lee David Weeks
Reps. COTTY and SIMRILL signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, May 3.
Announcement was made that Dr. Thomas W. Jarecky of Greenville is the Doctor of the Day for the General Assembly.
Rep. JEFFERSON presented to the House the Timberland High School Lady Wolves Basketball Team, the 2005 AAA Champions, their coach and other school officials.
Rep. SCOTT presented to the House the W. J. Keenan High School staff, students and other school officials for winning the 2005 Palmetto's Finest Award.
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. 3264 (Word version)
Date: ADD:
05/04/05 ALTMAN
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 9, Rep. RUTHERFORD having the floor:
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,
Rep. RUTHERFORD proposed the following Amendment No. 9 (Doc Name COUNCIL\MS\7471AHB05), which was tabled:
Rep. RUTHERFORD continued speaking.
Rep. HARRISON moved to table the amendment, which was agreed to by a division vote of 26 to 9.
Rep. RUTHERFORD proposed the following Amendment No. 10 (Doc Name COUNCIL\MS\7470AHB05), which was tabled:
Amend the bill, as and if amended, by deleting in its entirety Section 16-25-65(B), as contained in SECTION 5, page 6, beginning on line 9, and inserting:
/ (B) A person who violates subsection (A) is guilty of a felony and, upon conviction, must be imprisoned not more than ten years. The court may suspend the imposition or execution of all or part of the sentence, and place the offender on probation conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender must pay a reasonable fee for participation in the treatment program, but no person may be denied treatment due to inability to pay. If the offender suffers from a substance abuse problem, the judge may order, or the batterer treatment program may refer, the offender to supplemental treatment coordinated through the Department of Alcohol and Other Drug Abuse Services with the local alcohol and drug treatment authorities pursuant to
Rep. RUTHERFORD explained the amendment.
Rep. COBB-HUNTER moved to table the amendment, which was agreed to by a division vote of 43 to 9.
Rep. RUTHERFORD proposed the following Amendment No. 12 (Doc Name COUNCIL\MS\7468AHB05), which was tabled:
Amend the bill, as and if amended, by deleting in its entirety Section 16-25-20(C), as contained in SECTION 4, page 4, beginning on line 1, and inserting:
/ (C) A person who violates subsection (A) and who has been convicted of a violation of that subsection or of Section 16-25-65 within the previous ten years is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand five hundred dollars nor more than five hundred thousand dollars and imprisoned not more than thirty days one year. The court may suspend the imposition or execution of all or part of the sentence conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers. Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, an offense pursuant to the provisions of this subsection may be tried in magistrates court. /
Renumber sections to conform.
Amend title to conform.
Rep. RUTHERFORD explained the amendment.
Rep. COBB-HUNTER moved to table the amendment, which was agreed to by a division vote of 44 to 15.
Rep. RUTHERFORD proposed the following Amendment No. 13 (Doc Name COUNCIL\MS\7469AHB05), which was tabled:
Amend the bill, as and if amended, by deleting in its entirety Section 16-25-20(D), as contained in SECTION 4, page 4, beginning on line 14, and inserting:
Rep. RUTHERFORD explained the amendment.
Rep. COBB-HUNTER moved to table the amendment, which was agreed to by a division vote of 35 to 5.
Rep. DAVENPORT proposed the following Amendment No. 16 (Doc Name COUNCIL\MS\7475AHB05), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Article 1, Chapter 25, Title 16 of the 1976 Code is amended by adding:
"Section 16-25-140. Notwithstanding another provision of law, magistrates, municipal court judges, family court judges, and circuit court judges have the authority to order that the parties involved in a criminal domestic violence offense pursuant to the provisions of this article undergo a psychological evaluation." /
Renumber sections to conform.
Amend title to conform.
Rep. DAVENPORT explained the amendment.
Rep. COBB-HUNTER moved to table the amendment, which was agreed to by a division vote of 37 to 14.
Rep. RUTHERFORD proposed the following Amendment No. 21 (Doc Name COUNCIL\MS\7488AHB05), which was tabled:
(1) the person intentionally commits an assault and battery which involves the use of a deadly weapon or results in serious bodily injury to the victim; or
(2) the person intentionally commits an assault, with or without an accompanying battery, which would reasonably cause a person to fear imminent serious bodily injury or death. ; or
(3) assault and battery in the physical presence of a minor child.
(B) A person who violates subsection (A) is guilty of a felony and, upon conviction, must be imprisoned not less than a mandatory minimum of one year nor more than ten years. The court may suspend the imposition or execution of all or part of the sentence, except the one-year mandatory minimum sentence, and place the offender on probation conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender must pay a reasonable fee for participation in the treatment program, but no person may be denied treatment due to inability to pay. If the offender suffers from a substance abuse problem, the judge may order, or the batterer treatment program may refer, the offender to supplemental treatment coordinated through the Department of Alcohol and Other Drug Abuse Services with the local alcohol and drug treatment authorities pursuant to Section 61-12-20. The offender must pay a reasonable fee for participation in the substance abuse treatment program, but no person may be denied treatment due to inability to pay.
(C) a person who violates a provision of this section who has been previously convicted of three or more violations of this section or three or more violations of another state's laws regarding criminal domestic violence of a high and aggravated nature, or any combination of these, is guilty of felony criminal domestic violence with intent to kill and, upon conviction, must be imprisoned not more than twenty years.
(D) The provisions of subsection (A) create a statutory offense of criminal domestic violence of a high and aggravated nature and must not be construed to codify the common law crime of assault and battery of a high and aggravated nature." /
Renumber sections to conform.
Amend title to conform.
Rep. RUTHERFORD explained the amendment.
Rep. COBB-HUNTER moved to table the amendment, which was agreed to by a division vote of 28 to 14.
Rep. LEACH spoke in favor of the Bill.
Rep. M. A. PITTS proposed the following Amendment No. 22 (Doc Name COUNCIL\MS\7494AHB05), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. A study committee composed of five members of the House of Representatives, appointed by the Speaker, is created to study the criminal domestic violence laws of the State and recommend appropriate changes to the Speaker and the members of the House of Representatives by January 1, 2006. /
Renumber sections to conform.
Amend title to conform.
Rep. M. A. PITTS explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. JENNINGS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Altman Anderson Anthony Bailey Bales Ballentine Barfield Battle 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 Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Howard Huggins Jefferson Jennings Kirsh Leach Limehouse Littlejohn Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Norman Ott Owens Parks Phillips Pinson E. H. Pitts M. A. Pitts Rice Rivers Rutherford Sandifer Scarborough Scott 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 Toole Townsend Tripp Umphlett Vaughn Vick Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
I was out of the Chamber when the final vote on the Criminal Domestic Violence Bill, H. 3984, was taken, but I would like the Journal to indicate my full and complete support for this Bill and my intent to vote for H. 3984.
Rep. Kenneth Bingham
Due to the fact that I was out of the Chamber when the final vote on the Criminal Domestic Violence Bill, H. 3984, was taken, I missed the vote. Had I been in the Chamber, I would have voted in the affirmative.
Rep. Robert S. Perry, Jr.
I am in support of needed stronger legislation dealing with domestic violence. When the vote on H. 3984 was recorded I was away from the House Chamber, dealing with a matter on behalf of a constituent.
Rep. Dwight Loftis
Rep. HARRISON moved that the House recur to the Morning Hour, which was agreed to.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
S. 424 (Word version) -- Senators Leatherman and Ryberg: A BILL TO AMEND SECTION 56-3-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF CERTAIN FEES AND PENALTIES COLLECTED BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE DEPARTMENT ANNUALLY MUST PROVIDE THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK A REPORT FOR THE PREVIOUS FISCAL YEAR THAT
The following was introduced:
H. 4036 (Word version) -- Reps. Kennedy and Anderson: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE OVERPASS ALONG UNITED STATES HIGHWAY 52 IN WILLIAMSBURG COUNTY THAT CROSSES CSX'S RAILROAD TRACKS THE "HIENAMAN MEMORIAL OVERPASS" AND TO ERECT APPROPRIATE SIGNS AND MARKERS AT THIS OVERPASS THAT CONTAIN THE WORDS "HIENAMAN MEMORIAL OVERPASS".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4037 (Word version) -- Rep. Kennedy: A HOUSE RESOLUTION TO HONOR AND RECOGNIZE GEORGE WESLEY JONES II OF GREELEYVILLE, SOUTH CAROLINA, ON THE OCCASION OF HIS ONE HUNDREDTH BIRTHDAY AND TO EXTEND BEST
The Resolution was adopted.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4038 (Word version) -- Reps. Govan, Cobb-Hunter and Ott: A BILL TO AMEND SECTION 7-7-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ORANGEBURG COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS OF ORANGEBURG 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.
On motion of Rep. GOVAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following Bill was taken up:
H. 3227 (Word version) -- Reps. Littlejohn, Mahaffey, Clark, Townsend, Miller, Anthony, Pinson, Umphlett, J. Brown, Bailey, Bowers and Whipper: A BILL TO AMEND CHAPTER 10 OF TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO PROVIDE, SUBJECT TO A COUNTYWIDE REFERENDUM, FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX WITHIN A COUNTY FOR NOT MORE THAN SEVEN YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE SCHOOL DISTRICTS WITHIN SUCH COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED ONLY AFTER ITS APPROVAL IN A REFERENDUM HELD IN THE COUNTY, TO PROVIDE FOR THE REFERENDUM, AND TO PROVIDE THAT, IF IMPOSED, THE TAX MUST BE COLLECTED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND REMITTED TO THE SOUTH CAROLINA TREASURER FOR SCHOOL
Rep. MCLEOD proposed the following Amendment No. 3 (Doc Name COUNCIL\DKA\3395HTC05):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 36, Title 12 of the 1976 Code is amended by adding:
Section 12-36-1110. An additional sales, use, and casual excise tax equal to two percent is imposed on amounts taxable pursuant to this chapter."
SECTION 2. Section 11-11-150 of the 1976 Code, as last amended by Act 387 of 2000, is further amended by adding:
"(H) Beginning July 1, 2005, and notwithstanding the provisions of Section 12-37-251(B) revenues from the Trust Fund for Tax Relief to be distributed to a school district as a reimbursement for the property tax exemption enumerated in item (1) of subsection (A) must be paid monthly in an amount that is the district's share of these revenues based on the district's weighted pupil units as a percentage of statewide weighted pupil units as determined annually pursuant to the Education Finance Act."
SECTION 3. Chapter 11, Title 11 of the 1976 Code is amended by adding:
"Section 11-11-155. (A) For each fiscal year, the revenue from the tax imposed pursuant to Section 12-36-1110 are automatically credited to a fund separate and distinct from the state general fund known as the 'School Tax Millage Exemption Trust Fund' (the School Trust Fund). The Board of Economic Advisors shall account for the School Trust Fund revenue separately from general fund revenues in
(B) An unexpended balance in the School Trust Fund at the end of a fiscal year must remain in the School Trust Fund.
(C) Earnings on the School Trust Fund must be credited to the School Trust Fund.
(D) Nothing in this section prohibits appropriations by the General Assembly of additional revenues to the School Trust Fund."
SECTION 4. Chapter 37 of Title 12 of the 1976 Code is amended by adding:
"Section 12-37-253. (A) After the exemption allowed pursuant to Section 12-37-250 and Section 12-37-251, in the case of real property classified pursuant to Section 12-43-220(c), any remaining fair market value otherwise subject to tax and the fair market value of all other real property, however classified, is exempt from all school taxes except taxes:
(1) levied for bonded indebtedness for capital construction for schools;
(2) levied to make payments pursuant to a lease purchase agreement or other financing instrument for capital construction for schools; and
(3) levied for school operations sufficient to prevent any decline in the district's operating budget from state funds and property taxes from fiscal year 2004-2005 to 2005-2006. Millage for fiscal year 2005-2006 to prevent a reduction and fund teacher salaries may not be increased in subsequent years, and it must be decreased in subsequent years through millage adjustments by a dollar amount equal to one-half of the new revenue provided to the district from EFA distributions and the School Trust Fund for those years.
(B) School districts must be paid monthly from revenues credited to the School Trust Fund for a fiscal year for the exemption allowed by this section in an amount that is the district's proportionate share of School Trust Fund revenues based on the district's weighted pupil units as a percentage of statewide weighted pupil units as determined annually pursuant to the Education Finance Act. The School Trust Fund revenues that must be paid to school districts comprise the total of the revenue of the taxes imposed pursuant to Section 12-36-1110.
The General Assembly expresses its intent to fund annual growth in School Trust Fund revenues at least equal to the increase in the Consumer Price Index and state population each year.
(C) Notwithstanding any other provision of law, property exempted from property taxation in the manner provided in this section is considered taxable property for purposes of bonded indebtedness pursuant to Sections 14 and 15 of Article X of the Constitution of this State.
(D) The exemption provided by this section applies for property taxes imposed by any property taxing entity if the revenues of taxes imposed by the entity are used directly or indirectly for school operations."
SECTION 5. A. Article 3, Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-223. (A) For purposes of this section, 'real property' means all real property, however classified for purposes of the property tax.
(B) There is exempted from property tax an amount of fair market value of real property located in the county sufficient to eliminate any increase in fair market value attributable to a countywide appraisal and equalization program conducted pursuant to Section 12-43-217 or any other manner in which the value of real property may be increased except as provided in item (1) of this subsection. An exemption allowed by this section does not apply to:
(1) fair market value attributable to real property or improvements to real property not previously taxed, such as new construction, and for renovation of existing structures; and
(2) real property transferred after the implementation of the values determined in the most recent countywide equalization program conducted pursuant to Section 12-43-217.
(C) Notwithstanding subsection (B)(2), the exemption provided in subsection (B) applies to real property which has been transferred in a transfer not subject to income tax pursuant to Sections 102 (Gifts and Inheritances), limited to transfers to a spouse or surviving spouse, 1033 (Conversions--Fire and Insurance Proceeds to Rebuild), 1041 (Transfers of Property Between Spouses or Incident to Divorce), 351 (Transfer to a Corporation Controlled by Transferor), 355 (Distribution by a Controlled Corporation), 368 (Corporate Reorganizations), or 721 (Nonrecognition of Gain or Loss on a Contribution to a Partnership) of the Internal Revenue Code, as defined in Section 12-6-40. The exemption provided in subsection (B) also continues to apply to real property which has been transferred if the transferor retains a life estate in the real property and the transferor continues to occupy the real property as his legal residence and to real property which has been
(D) Once the fair market value of real property is first reduced by the exemption allowed in subsection (B), that reduced fair market value remains the fair market value of the property subject to property tax except as otherwise provided in subsection (B)(1) and (2), regardless of further increases in fair market value of that real property as determined in subsequent countywide appraisal and equalization programs or otherwise. When real property is transferred such that the real property is no longer eligible for the exemption provided for in subsection (B), the real property is subject to being taxed in the tax year following the transfer at its value, as determined under Section 12-37-930, at current fair market value as determined by the county assessor.
(E) The closing attorney involved in a real estate transfer shall provide the following notice to the buyer or buyers:
REAL PROPERTY TRANSFERRED AS A RESULT OF THIS TRANSACTION MAY BE SUBJECT TO PROPERTY TAXATION DURING THE NEXT TAX YEAR AT A VALUE THAT REFLECTS ITS FAIR MARKET VALUE."
B. Section 12-27-223A of the 1976 Code is repealed.
C. Notwithstanding the general effective date of this act, this section takes effect upon approval of this act by the Governor and applies for values resulting from countywide assessment and equalization programs or otherwise implemented after 2004.
SECTION 6. Chapter 20 of Title 59 of the 1976 Code is amended by adding:
"Section 59-20-42. (A) Notwithstanding any other provision of law, beginning with fiscal year 2005-2006, Education Finance Act appropriations and employer contributions must be distributed to a school district in an amount that is the district's proportionate share of such funds based on the district's weighted pupil units as a percentage of statewide weighted pupil units as determined annually pursuant to the Education Finance Act.
(B) It is the intent of the General Assembly that funding for weighted pupil unit growth for Education Finance Act purposes must be at least equal to the growth in the Consumer Price Index each year.
(C) Beginning July 1, 2005, a base student cost no longer shall be established annually by the General Assembly nor shall the Division of Research and Statistics calculate an annual inflation factor as required by Section 59-20-40(1)(b)."
(B) In those counties in which is imposed on the effective date of this act the local sales and use tax allowed pursuant to Article 1, Chapter 10, Title 4 of the 1976 Code, there must be conducted a referendum held on the Tuesday following the first Monday in November following such effective date on rescinding the tax in the county as provided in Section 4-10-35 of the 1976 Code, without regard to the petition requirements provided therein. If a majority of the qualified electors voting in the referendum favor rescinding the tax, the tax is rescinded on a date determined by the governing body of the county not more than twenty-four months following the date the result of the referendum is certified to county council. The governing body of the county shall notify the Department of Revenue of the date the tax is rescinded.
SECTION 9. This act takes effect July 1, 2005, and for purposes of the tax exemption allowed applies for property tax years beginning after 2004. /
Renumber sections to conform.
Amend title to conform.
Reps. SIMRILL, SCOTT, LITTLEJOHN, TALLEY, BRADY and OTT requested debate on the Bill.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 803 (Word version) -- Senators Rankin and Elliott: A BILL TO AMEND SECTION 41-18-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS IN THE "SOUTH CAROLINA AMUSEMENT RIDES SAFETY CODE", SO AS TO DEFINE "CATAPULTING AMUSEMENT RIDE"; TO ADD SECTION 41-18-160 SO AS TO ESTABLISH CRITERIA FOR OBTAINING A PERMIT FROM THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR THE OPERATION OF A CATAPULTING AMUSEMENT RIDE; TO AMEND SECTION 52-19-20, AS AMENDED, RELATING TO THE DEFINITION OF "BUNGEE JUMPING", SO AS TO DELETE REFERENCES TO THE CORD USED IN BUNGEE JUMPING BEING MADE OF WIRE ROPE, CABLE, OR SPRINGS OR OTHER DEVICE SIMILAR IN DESIGN OR USE; AND TO AMEND SECTION 52-19-50, AS AMENDED, RELATING TO DEFINITION OF TERMS USED IN CONNECTION WITH PERMITTING AND REGULATING BUNGEE JUMPING, SO AS TO REVISE THE DEFINITION OF "BUNGEE CATAPULTING", SO AS TO CONFORM THIS DEFINITION TO THE DEFINITION OF "BUNGEE CATAPULTING" AS PROVIDED FOR IN SECTION 41-18-10.
Rep. CLEMMONS explained the Bill.
The following Bill was taken up:
S. 165 (Word version) -- Senators Elliott, Hayes, Alexander, Fair and Richardson: A BILL TO AMEND SECTION 12-33-245, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOL TAXES, SO AS TO PROVIDE FOR AN EXCISE TAX ON THE GROSS PROCEEDS OF THE SALE OF ALCOHOLIC LIQUOR BY THE DRINK AND TO PROVIDE FOR DISTRIBUTIONS FROM THE
Rep. COTTY proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3410DW05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 5, Chapter 6, Title 61 of the 1976 Code is amended by adding:
"Section 61-6-1636. (A) Alcoholic liquor for sale by the drink may be purchased in any size bottle except 1.75 liter size bottles by a person licensed by this article for sale and use for on-premises consumption from a wholesale distributor and a licensed retail dealer with a wholesaler's basic permit issued pursuant to the Federal Alcohol Administration Act.
(B) Alcoholic liquor for sale by the drink may be purchased in any size bottle except 1.75 liter size bottles by a person licensed by this
(C) Both wholesale distributors and licensed retail dealers with a wholesale's basic permit issued pursuant to the Federal Alcohol Administration Act may deliver, in sealed containers, alcoholic liquor for sale by the drink to a person licensed by this article for sale for on-premises consumption.
Section 61-6-1637. A person licensed pursuant to this article, including his agent, may not substitute another brand of alcoholic liquor in place of the brand specified by a customer unless the licensee or his agent has: (1) advised the customer that the desired brand is not available, and (2) received the customer's approval of substitution. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than ten days, or both.
Section 61-6-1638. If a licensed retail dealer with a wholesaler's basic permit issued pursuant to the Federal Alcohol Administration Act or a wholesale distributor charges for delivery, then all bills or invoices for delivery of alcoholic liquors to a retail establishment licensed for on-premises consumption of alcoholic liquors must clearly state the transportation charge or delivery fee."
SECTION 2. Subarticle 1, Article 5, Chapter 6, Title 61 of the 1976 Code is amended by adding:
"Section 61-6-1650. (A) A licensee or his agent, knowingly and wilfully, may not refill, partially refill, or reuse a bottle of lawfully purchased alcoholic liquors, or otherwise tamper with the contents of the bottle.
(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction:
(1) for a first offense, must be fined five hundred dollars or imprisoned for not more than thirty days, or both;
(2) for a second or subsequent offense, must be fined one thousand dollars or imprisoned not more than six months, or both.
(C) In addition to the penalties provided in subsection (B), a violation of this section may subject the licensee or permit holder to revocation or suspension of the license or permit by the department.
(D) The possession of a refilled or reused bottle or other container of alcoholic liquors is prima facie evidence of a violation of this section."
SECTION 3. Chapter 6, Title 61 of the 1976 Code is amended by adding:
"Section 61-6-2430. A wholesale distributor of alcoholic liquor may discount product price based on quantity purchases if all discounts are on price only for each location, appear on the sales records, and are available to all licensed retail dealers with a wholesaler's basic permit issued pursuant to the Federal Alcohol Administration Act or any other alcoholic liquor retail license. A wholesale distributor of alcoholic liquor also may discount product price based on quantity purchases if all discounts are on price only for each location, appear on the sales records, and are available to all accounts possessing an on-premise consumption license, provided, however, the quantity discount offered to the on-premises licensee may not be greater than the discount offered on the same product, at the same quantity, to a licensed retail dealer with a wholesaler's basic permit issued pursuant to the Federal Alcohol Administration Act, or the holder of any other alcoholic liquor retail license."
SECTION 4. Section 6-27-40(B) of the 1976 Code, as amended by Act 415 of 1996, is further amended to read:
"(B) In making the quarterly distribution to counties, the State Treasurer must shall notify each county of the amount that must be used for educational purposes relating to the use of alcoholic liquors and for the rehabilitation of alcoholics and drug addicts. Counties A county may pool these funds with other counties and may combine these funds with other funds for the same purposes. The amount that must be used as provided in this subsection is equal to twenty-five percent of the revenue derived pursuant to Section 12-33-245 allocated on a per capita basis according to the most recent United States Census."
SECTION 5. Section 12-33-245 of the 1976 Code is amended to read:
"Section 12-33-245. (A) In lieu of addition to taxes imposed under pursuant to the provisions of Sections 12-33-230, and 12-33-240, Article 5 of this chapter, and Chapter 36, Title 12, there is imposed an excise tax equal to five percent of the gross proceeds of the sales of alcoholic liquor liquors sold in minibottles must be taxed at the rate of twenty-five cents for each container in addition to the case tax as prescribed in Article 5 of this chapter and collected as those taxes are collected. Taxes levied in Article 3 of this chapter do not apply by the drink for on-premises consumption in an establishment licensed for sales pursuant to Article 5, Chapter 6, Title 61. All proceeds of this excise tax must be deposited to the credit of the general fund of the State. Except with respect to the distribution of the revenue of this tax,
(B) Eleven percent of the revenue generated by the excise tax provided for in subsection (A) must be placed on deposit with the State Treasurer and credited to a fund separate and distinct from the general fund of the State. On a quarterly basis, the State Treasurer shall allocate this revenue to counties on a per capita basis according to the most recent United States Census. The State Treasurer must shall notify each county of the allocation pursuant to this subsection in addition to the funds allocated pursuant to Section 6-27-40(B), and the combination of these funds must be used by counties for educational purposes relating to the use of alcoholic liquors and for the rehabilitation of alcoholics and drug addicts. Counties A county may pool these funds with other counties and may combine these funds with other funds for the same purpose.
(C) Those state agencies and local entities including counties which are allocated and receive by law minibottle tax revenues in fiscal year 2004-05 for educational, prevention, and other purposes, shall receive at least the same amount of revenues from the new excise tax revenues beginning with the first full fiscal year after sales of liquor by the drink are authorized as they did from minibottle tax revenues during fiscal year 2004-05. If these state agencies and local entities do not, the difference must be made up from the state general fund within sixty days after the close of that fiscal year."
SECTION 6. Section 12-36-90(2) of the 1976 Code, as last amended by Act 237 of 2004, is further amended by adding an appropriately lettered subitem to read:
"( ) the alcoholic liquor by the drink excise tax imposed by Section 12-33-245."
SECTION 7. Section 61-4-120 of the 1976 Code, as last amended by Act 70 of 2003, is further amended to read:
"Section 61-4-120. It is unlawful for a person to sell or offer for sale wine or beer in this State between the hours of twelve o'clock Saturday night and sunrise Monday morning. However, an establishment licensed pursuant to Article 5 of Chapter 6 is authorized to sell these products during those hours in which the sale of alcoholic liquors in minibottles by the drink is lawful. A person who violates the provisions of this section is considered guilty of a misdemeanor and,
"Section 61-4-570. Notwithstanding any other provision of law, an establishment that holds a valid beer and wine license and a license to sell alcoholic liquors in minibottles by the drink may sell wine which is not in excess of twenty-one percent of alcohol by volume, to be consumed on the premises."
SECTION 9. Section 61-4-770 of the 1976 Code, as last amended by Act 76 of 2001, is further amended to read:
"Section 61-4-770. Wines containing more than 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 by the drink."
SECTION 10. Section 61-4-1720 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-4-1720. The brewpub permit provided for in this article is in lieu of a permit required for the manufacture of beer or sale of beer and wine including, but not limited to, a brewer's and retailer's permit. The sale of alcoholic liquors for consumption on the premises in minibottles by the drink requires an appropriate license which may be issued to the holder of a brewpub permit who meets all other qualifications for the license under this title."
SECTION 11. Section 61-6-20(1) of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"(1)(a) 'Alcoholic liquors' or 'alcoholic beverages' means any spirituous malt, vinous, fermented, brewed (whether lager or rice beer), or other liquors or a compound or mixture thereof of them by whatever name called or known which contains alcohol and is used as a beverage, but does not include:
(a)(i) wine when manufactured or made for home consumption and which is not sold by the maker thereof of the wine or by another person; or
(b)(ii) a beverage declared by statute to be nonalcoholic or nonintoxicating;.
(b) 'Alcoholic liquor by the drink' or 'alcoholic beverage by the drink' means a drink poured from a container of alcoholic liquor,
"(5) 'Minibottle' means a sealed container of two ounces fifty milliliters or less of alcoholic liquor."
SECTION 13. Section 61-6-185 of the 1976 Code, as added by Act 363 of 1998, is amended to read:
"Section 61-6-185. (A) A person residing in the county in which a retail liquor license is requested to be granted, or a person residing within five miles of the location for which a retail liquor license is requested, may protest the issuance or renewal of the license if he files a written protest setting forth providing:
(1) the name, address, and telephone number of the person filing the protest;
(2) the name of the applicant for the license and the address of the premises sought to be licensed, or the name and address of the license holder if the application is for renewal;
(3) the specific reasons why the application should be denied; and
(4) whether or not he wishes to attend a contested case hearing before the Administrative Law Judge Division Court.
(B) Upon receipt of a timely filed protest, the department shall determine the protestant's intent to attend a contested hearing before the Administrative Law Judge Division Court. If the protestant intends to attend a contested hearing, the department may not issue the permanent license but shall forward the file to the Administrative Law Judge Division Court.
(C) If the protestant during the investigation expresses no desire to attend a contested hearing and offer testimony, the protest is deemed invalid, and the department shall continue to process the application and shall issue the license if all other statutory requirements are met.
(D) A person who files a protest and fails to appear at a hearing after affirming a desire to attend the hearing may be assessed a penalty to include court costs."
SECTION 14. Section 61-6-700 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-6-700. An establishment which offers meals to the public must be licensed by the department to purchase and possess liqueurs, wines, and similar alcoholic beverages used solely only in the cooking and preparing of foods served by the establishment.
The license provided in this section does not alter or limit the privileges or responsibilities for holders of licenses issued to authorize the possession, sale, and consumption of alcoholic liquors in minibottles under pursuant to the provisions of Article 5 of this chapter. Establishments An establishment so licensed may use alcoholic liquors in the preparation of food without obtaining the license provided for in this section if only liquors in minibottles are used in the food preparation."
SECTION 15. Section 61-6-1300 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-6-1300. (A) No A wholesaler wholesale distributor may not:
(1) sell, barter, exchange, give, transfer, or deliver for consumption alcoholic liquors to a person not having a retail dealer's license issued under this article;
(2) permit the drinking of alcoholic liquors on his premises;
(3) condition the sale of alcoholic liquors to a retail dealer upon the purchase or receipt of another kind or brand of alcoholic liquors than that ordered by the retail dealer;
(4) sell alcoholic liquors between the times of sundown and sunrise;
(5) sell alcoholic liquors on credit; however, this item does not prohibit payment by electronic transfer of funds if (a) the transfer of funds is initiated by an irrevocable payment order on or before delivery of the alcoholic liquors and (b) the electronic transfer is initiated by the wholesaler no later than one business day after delivery;
(6) directly or indirectly, individually or as a member of a partnership or an association, as a member or stockholder of a corporation, or as a relative to a person by blood or marriage within the third degree, have an interest in a business, store, or establishment dealing in alcoholic liquors except the store or place of business covered by his wholesaler's license; or
(7) redeem proof-of-purchase certificates for any promotional item.
(B) A manufacturer, distiller, importer, or wholesale distributor of alcoholic liquors, or a person acting on his behalf, must not furnish, give, rent, lend, or sell, directly or indirectly, to the holder of a retail permit any equipment, fixtures, free product, or service. The holder of a retail permit, or a person acting on his behalf, must not accept, directly or indirectly, any equipment, fixtures, free product, or service referred to in this subsection from a manufacturer, distiller, importer, or wholesale distributor of alcoholic liquors."
SECTION 16. Section 61-6-1500 of the 1976 Code, as last amended by Act 40 of 2003, is further amended to read:
"Section 61-6-1500. (A) No A retail dealer may not:
(1) sell, offer for sale, barter, exchange, give, transfer, or deliver or permit to be sold, bartered, exchanged, given, transferred, or delivered alcoholic liquors in less quantities than two hundred milliliters;
(2) own or keep in his possession alcoholic liquors in separate containers containing less than two hundred milliliters;
(3) notwithstanding items (1) and (2), a retail dealer may sell, offer for sale, barter, exchange, give, transfer, deliver, permit to be sold, own, or keep in his possession alcoholic liquors in separate containers containing one hundred milliliters provided that such containers are packaged together into a single unit of not less than four one hundred milliliter containers;
(4) sell, barter, exchange, give, transfer, or deliver, or offer for sale, barter, or exchange, or permit the sale, barter, exchange, or gift, transfer, or delivery of alcoholic liquors:
(a) between the hours of 7:00 p.m. and 9:00 a.m.;
(b) for consumption on the premises;
(c) to a person under twenty-one years of age;
(d) to an intoxicated person; or
(e) to a mentally incompetent person;
(5)(2) permit the drinking of alcoholic liquors in his store or place of business;
(6)(3) sell alcoholic liquors on credit; however, this item does not prohibit payment by electronic transfer of funds if:
(a) the transfer of funds is initiated by an irrevocable payment order on or before delivery of the alcoholic liquors; and
(b) the electronic transfer is initiated by the retailer no later than one business day after delivery; or
(7)(4) redeem proof-of-purchase certificates for any promotional item.
However, during restricted hours a retail dealers are dealer is permitted to receive, stock, and inventory merchandise, provide for maintenance and repairs, and other necessary, related functions that do not involve the sale of alcoholic liquors.
(B)(1) The provisions of subsection (A) relating to quantities of less than two hundred milliliters do not apply to:
(a) minibottles when authorized by law to be sold to persons licensed to sell minibottles for on-premises consumption; or
(b) minibottles sold for consumption on commercial aircraft engaged in interstate commerce.
(2) It is unlawful for a person, or his agent, licensed to sell alcoholic liquors under pursuant to the provisions of this section to refill a minibottle container of alcoholic liquor. A person who violates this provision must, upon conviction, must have his license revoked permanently.
(3) A retail dealer must keep a record of all sales of alcoholic liquors sold in minibottles. The record must include the name of the purchaser and the date and quantity of the sale.
(4) It is unlawful to sell minibottles except during lawful hours of operation.
(5) A retail dealer who sells alcoholic liquors in minibottles to a person not licensed under Article 5 of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars and his retail dealer's license may be suspended or revoked in the discretion of the department. As used in this subsection, 'a person licensed under Article 5 of this chapter' includes a person's designated agent as a purchaser.
(C) A retail dealer shall keep a record of all sales of alcoholic liquors sold to establishments licensed for on-premises consumption. The record must include the name of the purchaser and the date and quantity of the sale by brand and bottle size."
SECTION 17. Section 61-6-1600 of the 1976 Code, as last amended by Act 70 of 2003, is further amended to read:
"Section 61-6-1600. (A) A nonprofit organization which is licensed by the department pursuant to the provisions of this article may sell alcoholic liquors in minibottles by the drink. A member or guest of a member of a nonprofit organization may consume alcoholic liquors sold in minibottles by the drink upon the premises between the hours of ten o'clock in the morning and two o'clock the following morning.
(B) An employee or agent of an establishment licensed as a nonprofit organization is prohibited from selling, making available for sale, or permitting the consumption of alcoholic liquors on the licensed premises between the hours of two o'clock in the morning and ten o'clock in the morning. A violation of this provision is a violation against the organization's license."
SECTION 18. Section 61-6-1610 of the 1976 Code, as last amended by Act 70 of 2003, is further amended to read:
"Section 61-6-1610. (A) Except on Sunday, it is lawful to sell and consume alcoholic liquors sold in minibottles by the drink in a business establishment between the hours of ten o'clock in the morning and two o'clock the following morning if the establishment meets the following requirements:
(1) the business is bona fide engaged primarily and substantially in the preparation and serving of meals or furnishing of lodging; and
(2) the business has a license from the department authorizing the sale and consumption of alcoholic liquors, which is displayed conspicuously displayed on the main entrance to the premises and clearly visible from the outside.
(B) Notwithstanding any other another provision of this article, the licensed premises of a business establishment which is bona fide engaged primarily and substantially in the preparation and service of meals and which holds a valid license for the sale and consumption of alcoholic liquors in minibottles by the drink do not extend to any portion of the business establishment or the property upon which it is located which is designed as or used for a parking area even though food may be served in the area.
(C) An establishment licensed under pursuant to the provisions of this article may use alcoholic liquors in the preparation of food without obtaining the license provided for in Section 61-6-700 if only liquors in minibottles are used in the food preparation.
(D) Any licensee, employee, or agent of an establishment licensed as a food service establishment or place of lodging is prohibited from selling, making available for sale, or permitting the consumption of alcoholic liquors on the licensed premises between the hours of two o'clock in the morning and ten o'clock in the morning. However, any licensee, employee, or agent of an establishment licensed as a food service establishment or place of lodging is prohibited from selling, making available for sale, or permitting the consumption of alcoholic liquors on Sunday unless the establishment
(E) It is unlawful for a person licensed to sell alcoholic liquor by the drink pursuant to the provisions of this section to knowingly and willfully refill, partially refill, or reuse a bottle of lawfully purchased alcoholic liquor, or otherwise tamper with the contents of the bottle.
(1) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction:
(a) for a first offense, must be fined five hundred dollars or imprisoned for not more than thirty days, or both;
(b) for a second or subsequent offense, must be fined one thousand dollars or imprisoned for not more than six months, or both.
(F) In addition to the penalties provided in subsection (E), a violation of this section may subject the licensee or permit holder to revocation or suspension of the license or permit by the department.
(G) The possession of a refilled or reused bottle or other container of alcoholic liquors is prima facie evidence of a violation of this section. A person who violates this provision must, upon conviction, have his license revoked permanently."
SECTION 19. Section 61-6-1620(A) of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"(A) This article must not be construed to authorize authorizes the possession or consumption of alcoholic liquors in containers other than minibottles on premises open to the general public for which a license has been obtained pursuant to Sections Section 61-6-1600 or 61-6-1610."
SECTION 20. Section 61-6-1630 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-6-1630. (A) Alcoholic liquors in minibottles as authorized to be sold under this article must be purchased only by a person licensed under this article, in case lots, and only from licensed retail dealers. As used in this section, 'a person licensed under this article' includes his designated agent as a purchaser.
(B) No person licensed under the provisions of this article may be licensed as a retail dealer on the same premises A person licensed to sell alcoholic liquor by the drink for on-premises consumption must not be licensed as a retail dealer on the same premises."
SECTION 21. Section 61-6-1825 of the 1976 Code, as added by Act 363 of 1998, is amended to read:
"Section 61-6-1825. (A) A person residing in the county in which a minibottle license pursuant to the provisions of subarticle 1 of this article is requested to be granted, or a person residing within five miles of the location for which a minibottle permit pursuant to the provisions of subarticle 1 of this article is requested, may protest the issuance or renewal of the license if he files a written protest setting forth providing:
(1) the name, address, and telephone number of the person filing the protest;
(2) the name of the applicant for the license and the address of the premises sought to be licensed, or the name and address of the license holder if the application is for renewal;
(3) the specific reasons why the application should be denied; and
(4) whether or not he wishes to attend a contested case hearing before the Administrative Law Judge Division Court.
(B) Upon receipt of a timely filed protest, the department shall determine the protestant's intent to attend a contested hearing before the Administrative Law Judge Division Court. If the protestant intends to attend a contested hearing, the department may not issue the permanent license but shall forward the file to the Administrative Law Judge Division Court.
(C) If the protestant during the investigation expresses no desire to attend a contested hearing and offer testimony, the protest is deemed invalid, and the department shall continue to process the application and shall issue the license if all other statutory requirements are met.
(D) A person who files a protest and fails to appear at a hearing after affirming a desire to attend the hearing may be assessed a penalty to include court costs."
SECTION 22. Section 61-6-2000 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-6-2000. In addition to the minibottle licenses authorized under pursuant to the provisions of subarticle 1 of this article, the department also may also issue a temporary license for a period not to exceed twenty-four hours to a nonprofit organizations organization which authorizes these organizations an organization to purchase and sell at a single social occasion alcoholic liquors in minibottles by the drink. Notwithstanding any other another provision of this article, the issuance of this permit authorizes the organization to purchase alcoholic liquors in minibottles from licensed retail dealers in the same manner that persons a person with a biennial minibottle
"(A) A person who purchases or acquires by lease, inheritance, divorce decree, eviction, or otherwise a retail business which sells alcoholic liquors in sealed containers of two ounces or less by the drink from a holder of a license to sell alcoholic liquors in sealed containers of two ounces or less by the drink at the business, upon initiating the application process for a permanent license, may be issued a temporary license by the department at the time of the purchase or acquisition if the location for which the temporary license is sought is not considered by the department to be a public nuisance, and the applicant:
(1) the applicant currently holds a valid license to sell alcoholic liquors in sealed containers of two ounces or less by the drink; or
(2) the applicant has had a criminal history background check conducted by the State Law Enforcement Division within the past thirty days."
SECTION 24. Section 61-6-2010 of the 1976 Code, as last amended by Act 70 of 2003, is further amended to read:
"Section 61-6-2010. (A) In addition to the provisions of Section 61-6-2000, the department may issue a temporary permit to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less by the drink. This permit is valid for a period not to exceed twenty-four hours and may be issued only to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales. The department shall charge a nonrefundable-filing fee of one hundred dollars for processing each application and a daily permit fee of fifty dollars for each day for which a permit is approved. An application must be filed for each permit requested. The department must also shall offer the option of an annual fifty-two week temporary permit for a nonrefundable fee of three thousand dollars per each year. However, the optional fifty-two week permit must not extend beyond the expiration date of the biennial license issued pursuant to this chapter. If the expiration date is less than
(B)(1) The filing and permit fees must be distributed by the State Treasurer to the municipality or county in which the retailer who paid the fee is located. The revenue may be used only by the municipality or county for the following purposes:
(a) capital improvements to tourism-related buildings including, but not limited to, civic centers, convention centers, coliseums, aquariums, stadiums, marinas, parks, and recreational facilities;
(b) purchase or renovation of buildings which are historic properties as defined in Section 60-12-10(4) and (5);
(c) festivals which that have a demonstrable and significant impact on tourism;
(d) local youth mentor programs to serve juvenile offenders under the jurisdiction of the family court;
(e) contributions to matching funds necessary for a local government or entity to receive funding from the Legacy Trust Fund pursuant to Chapter 22, of Title 51;
(f) contributions to a redevelopment authority pursuant to Section 31-12-10, et seq. Chapter 12, Title 31;
(g) acquiring fee and less than fee interest in land while it is still available to be held in perpetuity as wildlife preserves or believed to be needed by the public in the future for active and passive recreation uses and scenic easements, to include the following types of land: ocean, harbor, and pond frontage in the form of beaches, dunes, and adjoining backlands; barrier beaches; fresh and saltwater marshes and adjoining uplands; land for bicycle paths; land protecting existing and future public water supply, well fields, highway buffering and aquifer recharge areas; land for wildlife preserves; and land for future public recreational facilities;
(h) nourishment, renourishment (resanding), and maintenance of beaches;
(i) dune restoration, including the planting of grass, sea oats, or other vegetation useful in preserving the dune system;
(j) maintenance of public beach access;
(k) capital improvements to the beaches and beach-related facilities, such as public parking areas for beach access; dune
(l) construction and maintenance of drainage systems.
(2) The revenue may not be used for operating expenses of tourism-related buildings.
(C)(1) Permits A permit authorized by this section may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permits. The county or municipal election commission, as the case may be, shall conduct a referendum upon petition of at least ten percent but not more than seven thousand five hundred qualified electors of the county or municipality, as the case may be. The petition form must be submitted to the election commission not less than one hundred twenty days before the date of the referendum. The names on the petition must be on the petition form provided to county election officials by the State Election Commission. The names on the petition must be certified by the election commission within sixty days after receiving the petition form. The referendum must be conducted at the next general election. The election commission shall cause a notice to be published in a newspaper circulated in the county or municipality, as the case may be, at least seven days before the referendum. The state election laws shall apply to the referendum, mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the South Carolina Department of Revenue. The question on the ballot shall must be one of the following:
(a) 'Shall the South Carolina Department of Revenue be authorized to issue temporary permits in this (county) (municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less by the drink to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for consumption-on-premises sales?' or
(b) 'Shall the South Carolina Department of Revenue be authorized to issue temporary permits in this (county) (municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less by the drink to bona fide nonprofit organizations and business establishments authorized to be licensed for consumption-on-premises sales and to allow the sale of beer and wine at permitted off-premises locations without regard to the days or hours of sales?' or
(c) in case of a county or municipality where temporary permits are authorized to be issued pursuant to this section as of June 21, 1993, the question may be 'Shall the Department of Revenue be authorized to issue temporary permits in this (county) (municipality) for a period not to exceed twenty-four hours to allow the sale of beer and wine at permitted off-premises locations without regard to the days or hours of sales?'.
(2) A referendum for this purpose may not be held more often than once in forty-eight months.
(3) The expenses of any such for a referendum for this purpose must be paid by the county or municipality conducting the referendum.
(D)(1) The municipal governing body may order a referendum on the question of the issuance of temporary permits to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less by the drink in the following circumstances:
(a) parts of the municipality are located in more than one county;
(b) as a result of a favorable vote in a county referendum held pursuant to this section, permits may be issued in only the parts of the municipality located in that county; and
(c) the proposed referendum would authorize issuance of permits in the remaining parts of the municipality.
(2) The method of ordering a referendum provided in this subsection is in addition to the petition method provided in subsection (C). An unfavorable vote in a municipal referendum does not affect the authority to issue these permits in the part of the municipality located in a county where these permits may be issued.
(3) Upon receipt of a copy of the ordinance filed with the municipal election commission at least sixty days before the date of the general election, the commission must shall conduct the referendum at the time of the general election and publish and certify its results in the same manner as provided in subsection (C). Subsection (C)(2) does not apply to this referendum."
SECTION 25. Subarticle 7, Article 5, Chapter 6, Title 61 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Subarticle 7
Provisions Relating to Sales, Delivery, and Consumption of Liquor in Minibottles
Section 61-6-2200. No A person may not serve or deliver to a purchaser alcoholic liquors in minibottles by the drink in a business
Section 61-6-2210. The purchaser of a minibottle for on-premises consumption must break the seal of a minibottle unless the seller breaks the seal in the presence of the purchaser and delivers the container.
Section 61-6-2220. No person or establishment licensed to sell alcoholic beverages liquors or liquor by the drink pursuant to this article may sell these beverages to persons in an intoxicated condition; these sales are considered violations of the provisions thereof and subject to the penalties contained herein.
Section 61-6-2230. (A) No person licensed to sell alcoholic beverages liquors or liquor by the drink pursuant to this article may knowingly conduct, operate, organize, promote, advertise, run, or participate in a `drinking contest' or `drinking game'.
(B) For purposes of this section, `drinking contest' or `drinking game' includes, but is not limited to, a contest, game, event, or other endeavor which encourages or promotes the consumption of alcoholic beverages by participants at extraordinary speed or in increased quantities or in more potent form. `Drinking contest' or `drinking game' does not include a contest, game, event, or endeavor in which alcoholic beverages are not used or consumed by participants as part of the contest, game, event, or endeavor but instead are used solely as a reward or prize. Selling alcoholic beverages in the regular course of business is not considered a violation of this section."
SECTION 26. Section 61-6-2400 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-6-2400. Alcoholic liquors sold in minibottles by the drink must be taxed pursuant to Chapter 33, Title 12."
SECTION 27. Section 61-6-2600 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-6-2600. Except as otherwise provided in this title, a person who transports, possesses, or consumes alcoholic liquors except in a manner permitted by this article or a person who violates any of the provisions thereof of this article is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days. In addition, a person licensed to sell alcoholic liquors pursuant to the provisions of this article who has in his possession on his licensed premises alcoholic liquors in containers other than minibottles, except wine as authorized for sale
(1) for a first offense, be fined not less than two hundred dollars nor more than five hundred dollars or have his license suspended for not more than thirty days, or both;
(2) for a second offense within three years of the first offense, be fined not less than two hundred dollars nor more than five hundred dollars or have his license suspended for not more than one hundred eighty days, or both;
(3) for a third offense within three years of the first offense, be fined not less than five hundred dollars and have his license revoked permanently;
(4) for a violation involving the avoidance of taxes, a fine of be fined not less than one thousand dollars and permanent revocation of his license."
SECTION 28. The provisions of this act apply to all licenses or permits applied for on or after the effective date of this act. This act establishes a license to sell alcoholic liquors by the drink. All statutes and regulations applicable to minibottle licenses or permits or applications for licenses or permits apply to licenses or permits for alcoholic liquors by the drink. All minibottle licenses or permits in effect before the effective date of this act are considered to be licenses or permits to sell alcoholic liquors by the drink after the effective date of this act through the expiration of the license or permit.
SECTION 29. If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of the 1976 Code as added by 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 the chapter, the General Assembly hereby declaring that it would have passed each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 30. This act takes effect on January 1, 2006. Each person licensed pursuant to the Alcoholic Beverage Act to sell or purchase minibottles must take an inventory of minibottles in the
Rep. COTTY explained the amendment.
The amendment was then adopted.
Rep. COTTY proposed the following Amendment No. 2 (Doc Name COUNCIL\DKA\3414DW05), which was adopted:
Amend the bill, as and if amended, by deleting Section 61-6-1636(B), as contained in SECTION 1, which reads:
/ (B) Alcoholic liquor for sale by the drink may be purchased in any size bottle except 1.75 liter size bottles by a person licensed by this article for sale and use for on-premises consumption from a licensed wholesale distributor. /
Reletter subsections to conform and Renumber sections to conform.
Amend title to conform.
Rep. COTTY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The Senate amendments to the following Joint Resolution were taken up for consideration:
H. 3717 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.
Rep. HARRELL proposed the following Amendment No. 1A (Doc Name COUNCIL\GGS\22139HTC05), which was adopted:
REPAY INSURANCE RESERVE FUND 3,500,000
(4) STATE DEPARTMENT OF EDUCATION
(A) SCHOOL BUSES 10,000,000
(B) GOVERNOR'S SCHOOL FOR THE ARTS
DEFERRED MAINTENANCE 775,000
(C) GOVERNOR'S SCHOOL - MATH & SCIENCE
DEFERRED MAINTENANCE 775,000
(5) DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL
BEACH RENOURISHMENT TRUST FUND 5,000,000
(6) DEPARTMENT OF SOCIAL SERVICES
CHILD SUPPORT ENFORCEMENT COMPUTER SYSTEM 11,500,000
(7) EDUCATIONAL TELEVISION COMMISSION
EDUCATION SATELLITE SERVICE 1,400,000
(8) WIL LOU GRAY OPPORTUNITY SCHOOL
HVAC 1,400,000
(9) BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION
ORANGEBURG TECHNICAL COLLEGE 2,000,000
(10) DEPARTMENT OF PUBLIC SAFETY
(A) VEHICLES FOR NEW LAW ENFORCEMENT OFFICERS 3,724,080
(B) VEHICLES TO REPLACE EXISTING HIGH
MILEAGE VEHICLES 4,500,000
(C) RENOVATION OF CRIMINAL JUSTICE ACADEMY
ROOF, DORMITORIES & CLASSROOMS 1,500,000
(D) ONE-TIME COSTS FOR CONSOLIDATION
OF DISPATCH OFFICES 200,000
(11) DEPARTMENT OF CORRECTIONS
(A) VEHICLE RADIO & SECURITY 1,779,500
(B) SECOND CHANCE BARN & FACILITIES 50,000
(12) DEPARTMENT OF JUVENILE JUSTICE
NEW DORM 2,300,000
(13) DEPARTMENT OF PARKS, RECREATION & TOURISM
CHARLESTOWN LANDING 7,000,000
(14) DEPARTMENT OF ARCHIVES & HISTORY
OLD EXCHANGE BUILDING 850,000
(15) DEPARTMENT OF MENTAL HEALTH
VETERANS NURSING HOMES 3,000,000
(16) VOCATIONAL REHABILITATION
ROOF REPAIR 600,000
(17) COMMISSION FOR THE BLIND
BUILDING LIFE SAFETY IMPROVEMENTS 900,000
(18) CLEMSON-PSA
BARUCH INSTITUTE 5,000,000
(19) STATE PORTS AUTHORITY - HARBOR DREDGING 2,400,000
(20) JUDICIAL DEPARTMENT
TECHNOLOGY UPGRADES 3,785,000
(21) GOVERNOR'S OFFICE-SLED
(A) VEHICLES 2,000,000
(B) SC AMBER ALERT 4,000
(22) OFFICE OF APPELLATE DEFENSE
INFORMATION TECHNOLOGY UPGRADE 45,000
(23) COMMISSION FOR MINORITY AFFAIRS
CONTRACTUAL SERVICES 100,000
(24) WORKERS COMPENSATION COMMISSION
COMPUTER DATABASE 886,180
(25) DEPARTMENT OF CONSUMER AFFAIRS
COMPUTER PLATFORM- DOTNET SYSTEM 300,000
(26) LEGISLATIVE AUDIT COUNCIL
EQUIPMENT 4,400
(27) BUDGET & CONTROL BOARD
(A) SCEIS 5,500,000
(B) NATIONAL GUARD PENSION FUND
- ADMINISTRATION 50,000
TOTAL 99,356,026
SECTION 2. (SDE: Buses, Parts, and/or Fuel) Funds appropriated for school bus purchases may be used to purchase buses, fuel, parts, or other school bus related items. /
Renumber sections to conform.
Amend title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Joint Resolution was ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration:
H. 3716 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2005; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.
Reps. HARRELL and WILKINS proposed the following Amendment No. 2A (Doc Name h:\legwork\house\amend\h-wm\002\hou amendments to senate h3716.doc), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting the text of the bill as passed by the House of Representatives, which is hereby incorporated by reference in this amendment with the following changes:
Amend the bill further, as and if amended, Part IA, Section 15, DEPARTMENT OF ARCHIVES AND HISTORY, page 127, line 5, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
/ 25,000 25,000/
Column 5 Column 6
/New Positions
"Administrative Specialist I"
(1.00) (1.00)/
Amend the bill further, as and if amended, Part IA, Section 15, DEPARTMENT OF ARCHIVES AND HISTORY, page 128, immediately after line 15, by inserting a new line to read:
Column 5 Column 6
/African American
Heritage History
Commission 25,000 25,000/
Amend the bill further, as and if amended, Part IA, Section 15, DEPARTMENT OF ARCHIVES AND HISTORY, page 127, line 10, opposite /Other Operating Expenses/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
/150,000 150,000/
Amend the bill further, as and if amended, Part IA, Section 15, DEPARTMENT OF ARCHIVES AND HISTORY, page 128, immediately after line 15, by inserting a new line to read:
Column 5 Column 6
/Old Exchange
Building 150,000 150,000/
Amend the bill further, as and if amended, Part IA, Section 24, DEPARTMENT NATURAL RESOURCES, page 155, line 21, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
/307,049 307,049/
Amend the bill further, as and if amended, Part IA, Section 36, DEPARTMENT PUBLIC SAFETY, page 184, line 28, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
/1,528,142 1,528,142/
Amend the bill further, as and if amended, Part IA, Section 36, DEPARTMENT PUBLIC SAFETY, page 185, line 2, opposite
Column 5 Column 6
/104,630 104,630/
Amend the bill further, as and if amended, Part IA, Section 36, DEPARTMENT PUBLIC SAFETY, page 185, line 30, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
/63,557 63,557/
Amend the bill further, as and if amended, Part IA, Section 36, DEPARTMENT PUBLIC SAFETY, page 186, line 21, opposite /Employer Contributions/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
/467,985 467,985/
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF CORRECTIONS, page 192, line 38, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
/526,680 526,680/
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF CORRECTIONS, page 196, line 20, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
/526,680 526,680/
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF CORRECTIONS, page 196, line 34, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
/526,680 526,680/
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF CORRECTIONS, page 197, line 9, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
/526,680 526,680/
Column 5 Column 6
/526,680 526,680/
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF CORRECTIONS, page 197, line 37, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
526,680 526,680/
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF CORRECTIONS, page 198, line 12, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
/526,680 526,680/
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF CORRECTIONS, page 198, line 26, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
/526,680 526,680/
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF CORRECTIONS, page 199, line 1, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
/526,680 526,680/
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF CORRECTIONS, page 199, line 15, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
/526,680 526,680/
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF CORRECTIONS, page 199, line 29, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
/526,680 526,680/
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF CORRECTIONS, page 200, line 3, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
/526,680 526,680/
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF CORRECTIONS, page 202, line 39, opposite /Employer Contributions/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
/456,318 456,318/
Amend the bill further, as and if amended, Part IA, Section 38, DEPARTMENT OF PROBATION, PARDON & PAROLE, page 204, line 19, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
/391,086 391,086/
Amend the bill further, as and if amended, Part IA, Section 38, DEPARTMENT OF PROBATION, PARDON & PAROLE, page 206, line 21, opposite /Employer Contributions/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
/99,422 99,422/
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF JUVENILE JUSTICE, page 208, line 16, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
/351,442 351,442/
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF JUVENILE JUSTICE, page 208, line 33, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
/150,617 150,617/
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF JUVENILE JUSTICE, page 209, line 25, opposite
Column 5 Column 6
/73,426 73,426/
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF JUVENILE JUSTICE, page 209, line 39, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
/36,986 36,986/
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF JUVENILE JUSTICE, page 211, line 2, opposite /Employer Contributions/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
/169,240 169,240/
Amend the bill further, as and if amended, Part IA, Section 56B, GOVERNOR'S OFF-STATE LAW ENFORCEMENT DIVISION, page 255, line 20, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
/181,558 181,558/
Amend the bill further, as and if amended, Part IA, Section 56B, GOVERNOR'S OFF-STATE LAW ENFORCEMENT DIVISION, page 255, line 33, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
/60,341 60,341/
Amend the bill further, as and if amended, Part IA, Section 56B, GOVERNOR'S OFF-STATE LAW ENFORCEMENT DIVISION, page 256, line 3, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
/35,941 35,941/
Amend the bill further, as and if amended, Part IA, Section 56B, GOVERNOR'S OFF-STATE LAW ENFORCEMENT DIVISION, page 256, line 14, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
/29,023 29,023/
Column 5 Column 6
/6,567 6,567/
Amend the bill further, as and if amended, Part IA, Section 56B, GOVERNOR'S OFF-STATE LAW ENFORCEMENT DIVISION, page 257, line 2, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
/25,084 25,084/
Amend the bill further, as and if amended, Part IA, Section 56B, GOVERNOR'S OFF-STATE LAW ENFORCEMENT DIVISION, page 257, line 13, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
/18,294 18,294/
Amend the bill further, as and if amended, Part IA, Section 56B, GOVERNOR'S OFF-STATE LAW ENFORCEMENT DIVISION, page 257, line 24, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
/112,036 112,036/
Amend the bill further, as and if amended, Part IA, Section 56B, GOVERNOR'S OFF-STATE LAW ENFORCEMENT DIVISION, page 258, line 1, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
/130,635 130,635/
Amend the bill further, as and if amended, Part IA, Section 56B, GOVERNOR'S OFF-STATE LAW ENFORCEMENT DIVISION, page 258, line 16, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
/207,082 207,082/
Amend the bill further, as and if amended, Part IA, Section 56B, GOVERNOR'S OFF-STATE LAW ENFORCEMENT DIVISION, page 258, line 36, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
/139,907 139,907/
Amend the bill further, as and if amended, Part IA, Section 56B, GOVERNOR'S OFF-STATE LAW ENFORCEMENT DIVISION, page 259, line 7, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
/ 59,107 59,107/
Amend the bill further, as and if amended, Part IA, Section 63B, B & C-EMPLOYEE BENEFITS, page 301, immediately after line 20, by inserting a new line to read:
Column 5 Column 6
/Law Enforcement
Salary Increase /11,525,635 11,525,635/
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF JUVENILE JUSTICE, page 209, lines 31-32, opposite /Public Assistance Payments Case Services/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
/1,800,000 1,800,000/
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF JUVENILE JUSTICE, page 210, lines 5-6, opposite /Public Assistance Case Services/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
/1,800,000 1,800,000/
Amend the bill further, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 335, paragraph 1.79, line 34, by striking
/ Status Offender, /
Amend the bill further, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 336, after line 19, by adding an appropriately numbered paragraph to read:
/ (SDE: EFA Hold Harmless) In the current fiscal year, the Department of Education is directed to allocate from the funds appropriated for the Education Finance Act adequate funding to all school districts to ensure that no district has a net decrease in state funding from the following appropriation categories and revenue codes: Education Finance Act (3300), Employer Contributions (3180), Teacher Salary Supplement (3550), Teacher Salary Supplement Fringe (3555)./
EFA Hold Harmless $14,225,833;/
Amend the bill further, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 341, paragraph 1A.26, line 24, after /Charleston/ by inserting: /and $100,000 is to be used for the South Carolina Urban Leagues state-wide parental involvement programs/
Amend the bill further, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 361, after line 14, by adding an appropriately numbered paragraph to read:
/ (Palmetto Fellows Alternate Criteria) In addition to the qualifications established in regulation, a student may, regardless of class rank, qualify for a Palmetto Fellows Scholarship with a minimum score of 1400 on the Scholastic Aptitude Test (SAT) or an equivalent ACT score and a cumulative GPA of 4.0 of the Uniform Grading Scale at the end of the junior or senior year./
Amend the bill further, Part IB, Section 9, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 380, after line 22 by adding an appropriately numbered paragraph to read:
/ (DHEC: Competitive Grants) Of funds appropriated to the department for Competitive Grants, these funds may be released to local subdivisions or nonprofit organizations for health or environmental purposes only upon the approval of the Grants Committee of the Budget and Control Board. The agency is prohibited from transferring these funds to other programs. In addition, the agency may not withhold these funds for purposes of delaying or deferring approval by the Grants Committee./
Amend the bill further, Part IB, Section 26, DEPARTMENT OF PARKS, RECREATION AND TOURISM, page 400, paragraph 26.8, lines 15-16 by striking the paragraph in its entirety and by inserting:
/ 26.8. (PRT: Competitive Grants) Of funds appropriated to the department for Competitive Grants, these funds may be released to local subdivisions or nonprofit organizations for travel and tourism industry purposes only upon the approval of the Grants Committee of the Budget and Control Board. The agency is prohibited from transferring these funds to other programs. In addition, the agency may not withhold these funds for purposes of delaying or deferring approval by the Grants Committee./
The committee must meet at least twice annually to review applications for grants submitted by counties and municipalities. All applications must conform to and all grants must be awarded pursuant
Applications for grants of one hundred thousand dollars or less must be processed administratively by the staff pursuant to criteria established by the committee. Applications for grants to exceed one hundred thousand dollars must be reviewed for approval by the committee./
Amend the bill further, Part IB, Section 73, STATEWIDE REVENUE, page 514, paragraph 73.18, after line 10, by inserting:
/ Funds in the amount of $500,000 appropriated for the expansion of the Heritage Corridor must be allocated to an appropriate governmental entity or subdivision and must be used for the purchase and renovation of an existing facility for expansion of the Heritage Corridor in support of corridor related activities./
Amend the bill further, Part IB, Section 53, DEPARTMENT OF TRANSPORTATION, page 433, after line 5, by adding an appropriately numbered paragraph to read:
/ (DOT: Feasibility Study) The Department of Transportation shall provide the $150,000 necessary to initiate a feasibility study for a State Ports Authority access road and certain interstate construction./
Amend the bill further, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 458, paragraph 63.40, line 30, after /purposes./ by inserting: /The Executive Director of the Budget and Control Board may use up to $1,200,000 of funds retained by the board pursuant to this provision for technology enhancements./; amend further, line 33, after /Market;/ by inserting: /property pursuant to Paragraph 26.11 of this Act;/; and amend further, after line 35, by inserting: /Any unused portion of these funds may be carried forward into succeeding fiscal years and used for the same purposes./
Amend the bill further, Part IB, Section 73, STATEWIDE REVENUE, page 507, paragraph 73.13, line 18, after /2004/ by inserting: /or 2005/; amend line 19, after /2004/ by inserting: /or 2005/; and amend lines 22-23 by striking: /the taxable year beginning January 1, 2004/ and by inserting: /taxable years beginning in 2004 and 2005/
Amend the bill further, Part IB, Section 73, STATEWIDE REVENUE, page 511, paragraph 73.17, after line 22, by inserting:
/P28 Department of Parks, Recreation & Tourism
Reedy River Corridor Greenway
Bike/Walking Trail $500,000
Imagine Nation: Children's Museum
of the Upstate $1,200,000;/
Amend the bill further, Part IB, Section 73, STATEWIDE REVENUE, page 514, after line 17, by adding an appropriately numbered paragraph to read:
/ (SR: Trust Fund Repayment) From the surplus general funds for Fiscal Year 2004-05, not obligated in this Act, and available for use in Fiscal Year 2005-06 after the Comptroller General's close of the state books on Fiscal Year 2004-05, funds may be transferred for the purpose of repayment of trust and reserve funds.
If the Comptroller General determines upon the closing of the state's financial books for Fiscal Year 2004-05, that the State has a negative Generally Accepted Accounting Principles Fund balance (GAAP Fund Deficit), the expenditure of unobligated surplus general fund revenues by this provision are suspended and must be used to the extent necessary to offset the GAAP Fund Deficit. A negative GAAP Fund balance is defined as the amount remaining after subtracting all state liabilities and reserve funds from state assets on an accrual basis./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. EDGE proposed the following Amendment No. 3A (Doc Name COUNCIL\GJK\20480HTC05):
Amend the bill, as and if amended, in PART IB, SECTION 8, Department of Health and Human Services, page 372, by adding a new paragraph at the end appropriately numbered to read:
/8.___. (DHHS: Disproportionate Share Assessments) (A) For the current fiscal year, every nonpublic hospital licensed as a general hospital by the Department of Health and Environmental Control and designated as eligible for disproportionate share payments by the Department of Health and Human Services is subject to the payment of an assessment. Each nonpublic general hospital's assessment must be based on the total expenditures of each nonpublic general hospital as a percentage of total nonpublic general hospital expenditures statewide. Nonpublic general hospital expenditures must be the basis for the determination of each nonpublic general hospital's assessment except
(B) Total revenues in the current fiscal year, exclusive of penalties and interest, from the assessment imposed pursuant to subparagraph (A) must equal eighty-five million dollars.
(C) The Department of Health and Human Services shall set criteria for determining if a general hospital is eligible to receive disproportionate share payments.
(D) The state match for disproportionate share payments to eligible hospitals is derived from intergovernmental transfers from eligible public general hospitals and assessments, as imposed pursuant to this paragraph, on eligible nonpublic general hospitals.
(E) The Department of Revenue shall administer and enforce the provisions of this paragraph. The assessments imposed pursuant to this paragraph must be collected in accordance with the provisions of Chapter 54 of Title 12 of the 1976 Code.
(F) Assessments imposed pursuant to this paragraph must be issued by the Department of Revenue. The Department of Health and Environmental Control and the Office of Research and Statistics of the State Budget and Control Board shall provide information to the Department of Revenue to be used to determine each nonpublic general hospital's assessment.
(G) On the first day of each quarter, each nonpublic general hospital shall remit one-fourth of its assessment for the current fiscal year to the Department of Revenue. The assessment must be paid for each quarter a nonpublic general hospital is in operation. If a nonpublic general hospital ceases operations, the assessments not paid as a result of the cessation of operations must be apportioned among other nonpublic general hospitals in operation.
(H) Revenues from intergovernmental transfers from eligible public general hospitals and from the assessment imposed pursuant to this paragraph must be used for the sole purpose of securing federal matching dollars for the state's Medicaid program to increase hospital payments for the treatment of Medicaid and uninsured patients. All revenues and related federal matching funds must be deposited in a separate account managed by the Department of Health and Human Services.
(I) If federal matching funds are not available for the current fiscal year, the assessment imposed pursuant to this paragraph must not
(J) This paragraph takes effect July 1, 2005, except that the first assessments imposed pursuant to subparagraph (A) are not due and payable until the Department of Health and Human Services has received approval from the appropriate federal officials for its plan to increase payments to hospitals for Medicaid and uninsured patients and the federal officials have confirmed that federal matching funds will be made available in accordance with the plan. /
Renumber sections to conform.
Amend title to conform.
Rep. EDGE explained the amendment.
Rep. EDGE moved to adjourn debate on the amendment, which was agreed to.
Reps. COOPER and SANDIFER proposed the following Amendment No. 4A (Doc Name h:\legwork\house\amend\h-wm\002\hv2-public safety comm ctr.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 460, after line 10, by adding an appropriately numbered paragraph to read:
/(BCB: South Carolina 911 Advisory Committee) The CMRS Emergency Telephone Advisory Committee established pursuant to Section 23-47-65 of the 1976 Code and which terminated after August 1, 2004, is reestablished for the current fiscal year as it was established in Section 23-47-65. The powers of that committee which were devolved on the State Budget and Control Board are redevolved in the reestablished committee. However, this reestablished committee is renamed the South Carolina 911 Advisory Committee and the ex officio membership of the State Auditor is replaced by a State Budget and Control Board Division Director appointed by the Governor, who shall serve ex officio. Also, the member who is an employee of a telephone service supplier must be replaced by an employee of a local exchange access facility service supplier licensed to do business in this State./
Rep. COOPER explained the amendment.
The amendment was then adopted.
Rep. HARRELL proposed the following Amendment No. 5A (Doc Name h:\legwork\house\amend\h-wm\002\hv2-sde2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 336, after line 19, by adding an appropriately numbered paragraph to read:
/Of the funds appropriated/authorized to the Department of Education, six million dollars must be used to fund the Education and Economic Development Act./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Reps. SCARBOROUGH and HARRELL proposed the following Amendment No. 1A (Doc Name h:\legwork\house\amend\council\ ggs\22134htc05.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, Page 372, by adding an appropriately numbered paragraph at the end of Section 8 to read:
/ 8._____(DHHS: Medical Homes Network) During the current fiscal year, the department shall implement a Medical Homes Network (MHN), comparable to those already established by the department, in one or more metropolitan areas of the state including Charleston, Columbia, and Greenville and as described in this paragraph. In this implementation, the department shall contract with a management-services organization (MSO) or administrative-services organization (ASO) that will: (a) assist local physicians in developing a MHN; (b) be dedicated to providing support to the MHN; and (c) support the goals of South Carolina's Medicaid Program. The MHN(s) must be a primary care case-management program that is "provider friendly" with detailed reporting of activities, effective care management strategies, and strong physician incentives. The primary
The amendment was then adopted.
Rep. EDGE proposed the following Amendment No. 3A (Doc Name COUNCIL\GJK\20480HTC05), which was adopted:
Amend the bill, as and if amended, in PART IB, SECTION 8, Department of Health and Human Services, page 372, by adding a new paragraph at the end appropriately numbered to read:
/8.___. (DHHS: Disproportionate Share Assessments) (A) For the current fiscal year, every nonpublic hospital licensed as a general hospital by the Department of Health and Environmental Control and designated as eligible for disproportionate share payments by the Department of Health and Human Services is subject to the payment of an assessment. Each nonpublic general hospital's assessment must be based on the total expenditures of each nonpublic general hospital as a percentage of total nonpublic general hospital expenditures statewide. Nonpublic general hospital expenditures must be the basis for the determination of each nonpublic general hospital's assessment except that the basis for the assessment may be changed if the appropriate
(B) Total revenues in the current fiscal year, exclusive of penalties and interest, from the assessment imposed pursuant to subparagraph (A) must equal eighty-five million dollars.
(C) The Department of Health and Human Services shall set criteria for determining if a general hospital is eligible to receive disproportionate share payments.
(D) The state match for disproportionate share payments to eligible hospitals is derived from intergovernmental transfers from eligible public general hospitals and assessments, as imposed pursuant to this paragraph, on eligible nonpublic general hospitals.
(E) The Department of Revenue shall administer and enforce the provisions of this paragraph. The assessments imposed pursuant to this paragraph must be collected in accordance with the provisions of Chapter 54 of Title 12 of the 1976 Code.
(F) Assessments imposed pursuant to this paragraph must be issued by the Department of Revenue. The Department of Health and Environmental Control and the Office of Research and Statistics of the State Budget and Control Board shall provide information to the Department of Revenue to be used to determine each nonpublic general hospital's assessment.
(G) On the first day of each quarter, each nonpublic general hospital shall remit one-fourth of its assessment for the current fiscal year to the Department of Revenue. The assessment must be paid for each quarter a nonpublic general hospital is in operation. If a nonpublic general hospital ceases operations, the assessments not paid as a result of the cessation of operations must be apportioned among other nonpublic general hospitals in operation.
(H) Revenues from intergovernmental transfers from eligible public general hospitals and from the assessment imposed pursuant to this paragraph must be used for the sole purpose of securing federal matching dollars for the state's Medicaid program to increase hospital payments for the treatment of Medicaid and uninsured patients. All revenues and related federal matching funds must be deposited in a separate account managed by the Department of Health and Human Services.
(I) If federal matching funds are not available for the current fiscal year, the assessment imposed pursuant to this paragraph must not be collected. If the assessment is collected for the current fiscal year
(J) This paragraph takes effect July 1, 2005, except that the first assessments imposed pursuant to subparagraph (A) are not due and payable until the Department of Health and Human Services has received approval from the appropriate federal officials for its plan to increase payments to hospitals for Medicaid and uninsured patients and the federal officials have confirmed that federal matching funds will be made available in accordance with the plan. /
Renumber sections to conform.
Amend title to conform.
Rep. HARRELL 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. 3304 (Word version) -- Reps. Witherspoon, Wilkins, Harrell, Jennings, Battle, Cotty, Cato, Barfield, Hosey, Allen, Altman, Anderson, Bales, Bowers, Brady, Branham, G. Brown, J. Brown, Chalk, Chellis, Clemmons, Clyburn, Coates, Dantzler, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Hardwick, Harrison, Harvin, Hayes, J. Hines, M. Hines, Kennedy, Kirsh, Lee, Littlejohn, Loftis, McCraw, McGee, McLeod, Merrill, Miller, J. M. Neal, Neilson, Ott, Phillips, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, J. R. Smith, Taylor, Umphlett, Vick, Viers, Young and Bailey: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 48 SO AS TO PROVIDE FOR FURTHER ENFORCEMENT OF THE TOBACCO ESCROW FUND ACT, INCLUDING BOTH CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, TO AMEND SECTION 11-47-30, RELATING TO THE REQUIREMENT FOR A TOBACCO PRODUCT MANUFACTURER TO EITHER PARTICIPATE IN THE MASTER SETTLEMENT AGREEMENT OR DEPOSIT MONIES INTO A
Rep. WHITE made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Bill were taken up for consideration:
H. 3870 (Word version) -- Reps. Walker and Sinclair: A BILL TO AMEND ACT 1105 OF 1956, AS AMENDED, RELATING TO THE CREATION OF THE STARTEX-JACKSON-WELLFORD-DUNCAN WATER DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE FROM FIVE TO SEVEN THE NUMBER OF COMMISSIONERS AND TO PROVIDE THAT TWO MEMBERS MAY RESIDE IN THE SERVICE AREA OF THE DISTRICT.
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. 3312 (Word version) -- Reps. Witherspoon and Vick: A BILL TO AMEND SECTION 56-3-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FARM TRUCK LICENSE FEES, SO AS TO REVISE THE DEFINITION OF THE TERM "FARM TRUCK".
Rep. WITHERSPOON explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The motion period was dispensed with on motion of Rep. WITHERSPOON.
Further proceedings were interrupted by the Joint Assembly.
At 12:00 noon the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 3534 (Word version) -- Reps. Wilkins, W. D. Smith, J. Brown, Cato, Chellis, Harrell, Harrison, Townsend and Witherspoon: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 4, 2005, AS THE TIME THE SENATE AND HOUSE OF REPRESENTATIVES SHALL MEET IN JOINT ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PRESENTATION OF THE 2005 ELIZABETH O'NEILL VERNER AWARDS.
The 2005 Elizabeth O'Neill Verner Award Winners were escorted to the rostrum by Senators Patterson, Leatherman, Lourie, Campsen, Hutto, Matthews, Fair, J. V. Smith, Setzler, Verdin, Anderson and Thomas and Representatives J. E. SMITH, COATES, HARRISON, LIMEHOUSE, RHOAD, OTT, GOVAN, COBB-HUNTER, VAUGHN, BINGHAM, COTTY and J. H. NEAL.
Lt. Gov. Bauer made the following remarks:
"On behalf of the South Carolina General Assembly, I want to welcome the winners of the 2005 Elizabeth O'Neill Verner Awards for the Arts and their families and friends. We are glad to have all of you here today to celebrate the presentation of these awards, which represent South Carolina's highest honor in the Arts. On this special occasion we recognize the achievements and contributions of two organizations, one business, three individuals and one ensemble all whom have distinguished themselves as outstanding participants in our State's cultural life. As patrons, stewards and creators, these notable citizens have enriched all of our lives and strengthened the educational, economic and social fabric of our great State. By recognizing these South Carolinians for their achievements, we likewise recognize the importance of the role that the Arts play in our lives as individuals,
SPEAKER WILKINS made the following remarks:
"Thank you Lt. Governor. The Elizabeth O'Neill Verner Awards help us recognize the many important roles that individuals, organizations, public agencies, and corporations play in bringing the arts to life for our citizens. Much needs to be done behind the scenes to promote the great work of artists. Among today's honorees we celebrate those who produce the artistic experiences and those who help make those experiences possible in a variety of ways. It is my honor to present to you this year' s winners of the Verner Awards:
Eighty-one years ago the Florence Little Theatre was started and today remains a vital and inspirational contributor to the Pee Dee community. The Theatre offers productions and programs for all ages from traditional Broadway favorites to Children's Workshops inspiring new talent and inspiration for the arts. The Theatre entertains more than 45,000 people annually and is blessed with an abundance of talent and support from Florence and surrounding areas. Volunteers, underwriters, benefactors, and patrons, as well as a loyal community contribute to the Theatre's success ensuring at the very least another eight decades of smashing success! The 2005 Verner Award for an Arts Organization goes to the Florence Little Theatre.
The Richland County Public Library is a place where all citizens can experience and appreciate the arts. Special programs, exhibits, theatrical performances, and literary readings, as well as the Library's vast collections and resources, helped attract 1.8 million visitors to the Library in 2004.
The Library's Literary Residency program draws on the talents of area writers, actors, and scholars to provide creative literary and historical presentations, lectures, and workshops. The 2005 Verner Award for Government goes to The Richland County Public Library.
Time Warner Cable believes the arts reflect who we are and how we understand the world around us-helping to bridge class and cultural divisions and strengthen communities. The company's support of the arts is diverse. Examples include field trips to the Columbia Museum of Art for underserved students, summer camp at the Orangeburg Fine Arts Center, the Sumter Iris Festival Chalk Art Contest, and restoration of the music education program at Scott's Branch Middle School in Summerton to name just a few.
The 2005 Verner Award for Business goes to Time Warner Cable SC Division.
Deborah Smith Hoffman has spent her career working to make the arts an important part of the education of every child in South Carolina. With long experience as a public school music teacher and school district arts coordinator, she became the Arts in Basic Curriculum Project Director in 1998. As ABC Director, she coordinated statewide activities to bolster arts education and was instrumental in enhancing our already strong reputation as a national leader in this field. Currently Dr. Hoffman is the Education Associate for the Arts at the South Carolina Department of Education, where she has had a profound impact in improving all areas of arts education. The 2005 Verner Award for Arts Education goes to Deborah Smith Hoffman.
Scott Shanklin-Peterson's professional career reflects a commitment to building public/private partnerships that bring the arts to local, national, and international communities. She has served as Executive Director of the State Arts Commission and Senior Deputy Chairman of the National Endowment for the Arts. The South Carolina Arts Alliance and the National Education Association both have recognized her leadership in the arts, and she is a recipient of our State's highest honor: the Order of the Palmetto. Among her peers, Ms. Shanklin-Peterson is recognized as 'a creative, resourceful visionary' whose work has had 'enduring impact' in public policy at the state and national levels. The 2005 Verner Award for an Individual goes to Scott Shanklin-Peterson.
The Jarvis Brothers - Anthony, Donald, Reginald, Rogers and Ulysses have inspired and delighted audiences for decades with their renditions of authentic spirituals sung a cappella in four- and five-part harmony. Organized and arranged by their mother, Anna Gadsden Jarvis, these five sons began singing spirituals over 40 years ago.
The Jarvis brothers have become models for young singers in gospel music. In 1989, they were presented with the Jean Laney Harris Folk Heritage Award and today the 2005 Verner Award for Individual Artists goes to the Jarvis Brothers Quintet.
Carl Blair has been a presence on the South Carolina arts scene since 1957. As an artist, he was in the vanguard of modern art and his prominence as a painter and sculptor has steadily increased, marked by several museum retrospectives since 1995. As an art teacher for four decades at Bob Jones University, Carl Blair was instrumental in making that institution a hub for fine art production in the Upstate. As co-founder of Hampton III Gallery in Taylors, Mr. Blair has helped provide an outlet for contemporary art and South Carolina artists. Mr. Blair's work is in more than 2,500 private, corporate, and public collections. The 2005 Verner Award for Lifetime Achievement goes to Carl R. Blair.
On behalf of the entire General Assembly, let me express our deep appreciation to all our winners for all you do for our State. You help make South Carolina shine!
I now invite the Jarvis Brothers to grace us with a brief number to remind us once again of the uplifting power of the Arts."
SPEAKER WILKINS recognized Florence Little Theatre.
SPEAKER WILKINS recognized Richland County Public Library.
SPEAKER WILKINS recognized Time Warner Cable SC Division.
SPEAKER WILKINS recognized Deborah S. Hoffman.
SPEAKER WILKINS recognized Scott Shanklin-Peterson.
SPEAKER WILKINS recognized Jarvis Brothers Quintet.
SPEAKER WILKINS recognized Carl R. Blair.
Upon conclusion of the presentations, the distinguished guests and escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:30 p.m. the House resumed, the SPEAKER in the Chair.
Rep. NORMAN moved that the House recede until 2:00 p.m., which was agreed to.
At 2:00 p.m. the House resumed, the SPEAKER in the Chair.
The following was received:
Columbia, S.C., May 4, 2005
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 2:30 p.m. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. W. D. SMITH the invitation was accepted.
At 2:30 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolution were duly ratified:
(R58, S. 102 (Word version)) -- Senators Setzler, Knotts, Hayes, Bryant, Verdin, Mescher, Ford, Leatherman, Leventis, Campsen and Moore: AN ACT
(R59, S. 405 (Word version)) -- Senator Ryberg: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 54 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE FRATERNAL ORDER OF POLICE SPECIAL LICENSE PLATES.
(R60, S. 418 (Word version)) -- Senators Hayes and Land: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 61 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE ARTS AWARENESS SPECIAL LICENSE PLATES.
(R61, S. 719 (Word version)) -- Senator Fair: A JOINT RESOLUTION TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS MAY UTILIZE INMATE LABOR UNTIL JULY 1, 2007, DURING THE CONSTRUCTION OR RENOVATION, OR BOTH, OF A FOOD SERVICE FACILITY AT THE STEVENSON CORRECTIONAL INSTITUTION AND THE RELOCATION OF A HOUSING UNIT FROM THE FORMER GREENWOOD WORK RELEASE FACILITY TO THE STEVENSON CORRECTIONAL INSTITUTION.
(R62, S. 764 (Word version)) -- Senator Short: AN ACT TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION OF CHESTER COUNTY, TO ABOLISH THE ELECTION COMMISSION AND THE REGISTRATION BOARD FOR CHESTER COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE ELECTION COMMISSION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE CHESTER COUNTY ELECTION COMMISSION AND THE CHESTER COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW CHESTER COUNTY
(R63, H. 3152 (Word version)) -- Reps. Harrell, Wilkins, Leach, Littlejohn, Young, Bailey, Battle, Rice, Scarborough, Hinson, Simrill, Mahaffey, Sandifer, Hagood and J.E. Smith: AN ACT TO AMEND CHAPTER 62 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, SO AS TO INCLUDE AN EXEMPTION FROM LOCAL, AS WELL AS STATE, SALES AND USE TAXES, TO DEFINE "EMPLOYEE" FOR PURPOSES OF A FIVE PERCENT REBATE ON ALL TAXABLE WAGES PAID IN CONNECTION WITH AN EMPLOYEE'S WORK ON A MOTION PICTURE AND TO PROVIDE PROCEDURES FOR CLAIMING THE REBATE, TO INCREASE THE AMOUNT OF THE GENERAL FUND PORTION OF ADMISSIONS TAX COLLECTED BY THE STATE FUNDED TO THE USE OF THE SOUTH CAROLINA FILM COMMISSION TO TWENTY-SIX PERCENT AND TO PROVIDE THAT FIFTEEN PERCENT OF THAT AMOUNT MAY BE USED BY THE DEPARTMENT TO GIVE A REBATE FOR EXPENDITURES TO A MOTION PICTURE COMPANY THAT SPENDS AT LEAST ONE MILLION DOLLARS IN THE STATE; TO ALLOW UP TO SEVEN PERCENT OF THE GENERAL FUND PORTION OF ADMISSIONS TAX COLLECTED BY THE STATE AND FUNDED TO THE USE OF THE SOUTH CAROLINA FILM COMMISSION TO BE USED EXCLUSIVELY FOR MARKETING AND SPECIAL EVENTS, AND TO PROVIDE, FURTHER, THAT THE COMMISSION REPORT ANNUALLY TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT ON USE OF ALL ITS FUNDS IN A PUBLIC REPORT, ACCESSIBLE ON ITS WEBSITE; TO AMEND SECTION 12-36-920, AS AMENDED, RELATING TO SALES TAX ON GROSS PROCEEDS FROM RENTALS ON LODGINGS, SO AS TO DELETE A REBATE TO A MOTION PICTURE PRODUCTION COMPANY FOR SALES TAX PAID ON ACCOMMODATIONS; AND TO AMEND SECTION 1-30-25, AS AMENDED, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO DELETE A REFERENCE TO THE STATE DEVELOPMENT BOARD.
(R64, H. 3862 (Word version)) -- Reps. Battle and M. Hines: AN ACT TO AMEND ACT 197 OF 1991, AS AMENDED, RELATING TO THE MARION COUNTY HOSPITAL DISTRICT, SO AS TO INCREASE THE NUMBER OF COMMISSIONERS FROM NINE TO ELEVEN AND TO PROVIDE FOR THE TERMS OF THE TWO NEW MEMBERS.
The question of a quorum was raised.
A quorum was later present.
The following Bill was taken up:
H. 3489 (Word version) -- Reps. Bales and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 9, TITLE 4 SO AS TO PROVIDE A PROCEDURE BY WHICH THE GOVERNING BODY OF A COUNTY MAY BE ELECTED IN NONPARTISAN ELECTIONS; AND TO AMEND SECTION 4-9-10, RELATING TO THE AUTHORIZATION TO CONDUCT A REFERENDUM TO DETERMINE A CHANGE IN THE FORM OF COUNTY GOVERNMENT, NUMBER OF COUNTY COUNCIL MEMBERS, OR METHODS OF ELECTION, SO AS TO AUTHORIZE A REFERENDUM TO BE HELD TO CHANGE THE METHODS OF ELECTION OF COUNTY COUNCILS AND PROVIDE FOR AND LIMIT THE ALTERNATE METHODS OF ELECTION WHICH MAY BE ESTABLISHED.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3341DW05):
Amend the bill, as and if amended, by striking subsections (A) and (B) of Section 4-9-1410, as contained in SECTION 1, and inserting:
/ (A)(1) The provisions of this article only apply to the election of members of the governing body of a county and the following county offices:
(a) auditor;
(b) treasurer;
(c) clerk of court;
(d) probate judge;
(e) sheriff;
(f) coroner; and
(g) register of mesne conveyance.
(2) A county may choose to elect some of the officers enumerated in item (1) of this subsection in nonpartisan elections and others in partisan elections as provided in subsection (D).
(B) A county may choose to elect the members of its governing body and any of the county officers enumerated in item (1) of subsection (A) in a nonpartisan election by one of the following methods:
(1) the governing body of each county in this State may adopt by ordinance one of the alternative methods of nominating candidates for and determining the results of its nonpartisan elections as provided in subsection (C) of this section; or
(2) a referendum requesting that one of the three methods of nominating a candidate in a nonpartisan election be implemented in the county as provided in subsection (C) of this section may be called by a petition of not less than five percent of the registered electors of the county. A petition must be certified as valid or rejected by the county board of registration within sixty days after it has been delivered to the board and, if certified, must be filed with the governing body which shall provide for a referendum not more than ninety days after it has been received. A referendum must be conducted by the county election commission and may be held in a general election or in a special election as determined by the governing body if the conditions of this section are met. A change from the current method of electing council members does not become effective unless the proposed method receives a favorable vote of a majority of those persons voting in a referendum. After a referendum has been held and whether or not a change in the form results from it, no additional referendums may be held for a period of four years. /
Renumber sections to conform.
Amend title to conform.
Rep. TALLEY explained the amendment.
The following Bill was taken up:
H. 3652 (Word version) -- Reps. W. D. Smith, Vaughn, Merrill, Loftis, Tripp, Scarborough, Hinson, Young, Ceips, J. R. Smith, Viers, Leach, Harrison, Chellis, Edge, Herbkersman, Clemmons, Davenport, Delleney, Hagood, Limehouse, McGee, Altman, Chalk, Haskins, Hamilton, Cato, Duncan, Barfield, Owens, Stewart, Rice and Witherspoon: A BILL TO ENACT THE "SOUTH CAROLINA PUT PARENTS IN CHARGE ACT" BY ADDING CHAPTER 18 TO TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE CREDITS FOR CERTAIN TAXES AND LICENSE FEES FOR TUITION PAID TO PUBLIC OR INDEPENDENT SCHOOLS, TO PROVIDE CREDITS FOR CERTAIN TAXES AND LICENSE FEES FOR CONTRIBUTIONS TO SCHOLARSHIP GRANTING ORGANIZATIONS, TO PROVIDE FOR THE REGULATION, REGISTRATION, AND REPORTING OF SCHOLARSHIP GRANTING ORGANIZATIONS, AND TO PROVIDE FOR REPORTING AND ACCOUNTABILITY OF THE IMPLEMENTATION OF THIS CHAPTER.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6489SJ05), which was tabled:
Amend the bill, as and if amended, by deleting all after the enacting clause and inserting:
/ SECTION 1. A. Title 12 of the 1976 Code is amended by adding:
Section 12-18-10. This chapter may be cited as the 'South Carolina Put Parents in Charge Pilot Program'.
Section 12-18-20. The purpose of this chapter is to create a pilot program to be implemented in certain school districts in this State to:
(1) restore parental control of education;
(2) improve public school performance; and
(3) expand educational opportunities for children of families in poverty.
Section 12-18-30. As used in this chapter, unless otherwise required by the context:
(1) 'Average state per pupil expenditure' means, as applicable, an amount determined annually by the budget office not later than December fifteenth of each year. It should be an estimate of spending for the current school year, but must not be lower than actual per pupil spending for the preceding school year. The budget office shall divide the state's total expenditures for public education by the total number of students. 'State's total expenditures for public education' means all direct and indirect expenditures by the State regardless of the source of funds but excluding federal funds and local funds, and including, but not limited to, expenditures pursuant to the Education Finance Act of 1977, the South Carolina Educational Improvement Act of 1984, the South Carolina Education Accountability Act of 1998, expenditures by the State Department of Education, reimbursements to school districts for the property tax exemption contained in Section 12-37-251, disbursements to school districts for capital improvements funded from sources other than state bond issues, and expenditures for debt service on state bonds issued to fund school district capital improvements. 'Total number of students' means the total number of public school students in the State determined on a headcount basis as of the most recent count for average daily membership as provided in Section 59-20-40.
(2) 'Budget office' means the Office of State Budget in the Budget and Analyses Division of the State Budget and Control Board.
(3) 'Department' means the South Carolina Department of Revenue.
(4) 'Independent school' means a school, other than a public school, at which the compulsory attendance requirements of Section 59-56-10 may be met and that does not discriminate based on the grounds of race, color, or national origin. 'Independent school' includes home schools as provided in Article 1, Chapter 65, Title 59.
(5) 'Public school' means a public school in one of two school districts to be determined by the Department of Education. In choosing these districts, the Department of Education shall choose one district from the bottom twenty-five percent and one district from the top twenty-five percent of districts based on data relating to median
(6) 'Qualifying student' means an individual:
(a) who is:
(i) enrolled at an independent school as a full-time student, as determined by the school, for which the school has a release of information form;
(ii) taught at home pursuant to Article 1, Chapter 65, Title 59; or
(iii) a resident of this State, and, if enrolled in a public school, is not a resident of the area zoned for that public school;
(b) who is in kindergarten through grade twelve;
(c) who is a resident of one of the two districts chosen by the Department of Education pursuant to item (5); and
(d) whose parent's or legal guardian's taxable income for South Carolina income tax purposes for the immediately preceding tax year is seventy-five thousand dollars or less. For purposes of determining if an individual is a qualifying student, the seventy-five thousand dollar amount must be increased by five thousand dollars for each exemption in excess of two that is claimed on the income tax return of the parents or legal guardian. By December fifteenth of each year, the department shall adjust cumulatively the seventy-five thousand dollar amount and the five thousand dollar amount in the same manner that brackets are adjusted in Section 1(f) of the Internal Revenue Code.
(7) 'Receipt' means a document that a school issues to the person that makes a tuition payment on behalf of a qualifying student. The department shall develop the form of the document the content of which must be limited to and include, the name and address of the school; the name, address and social security number of the qualifying student on whose behalf the tuition was paid; the name of the person paying the tuition; the names of all other persons who have paid tuition, in chronological order, during the then current calendar year on behalf of the qualifying student prior to the payment for which the receipt is being issued and including the total tuition paid by the named person; and the date and amount of tuition paid and the aggregate amount of tuition paid for the qualifying student. The document also must contain in the chronological listing the date and amount of tuition paid, or to be paid as evidenced by the notice of scholarship award required to be submitted to the school as provided in Section 12-18-760(B), by a scholarship granting organization if the source of
(8) 'Release of information form' means a form developed by a school that states that a parent or the legal guardian of the qualifying student consents to the release of the information contained in the receipt and is consistent with the requirements of 20 U.S.C. Section 1232g, Family Educational Rights and Privacy Act of 1974.
(9) 'Scholarship granting organization' means an organization that is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code, gives scholarships to qualifying students from contributions that may be claimed as a credit pursuant to Article 5 of this chapter, is organized pursuant to South Carolina law and has complied with the provisions of this chapter.
(10) 'School' means a public school or independent school.
(11) 'State' means the government of the State of South Carolina.
(12) 'Tuition' means the amount charged for attending a public school when the student is not zoned for the school or for attending an independent school. 'Tuition' includes fees necessary for attending the respective school including, but not limited to, enrollment fees and transportation fees. For students taught at home pursuant to Article 1, Chapter 65, Title 59, 'tuition' means expenses incurred for tutors; textbooks; school supplies; computers including hardware and software; fees for membership in an association that sets the academic standards for the student's home schooling program; and academic lessons including, but not limited to, science, math, music, and art. Expenses for tutors or academic lessons may be included in 'tuition' only if the person providing the tutoring or academic lessons is a person other than the student's parent or legal guardian and who meets the requirements for providing the service as set by the standard-setting entity for that student's home school program. 'Tuition' does not include athletic fees.
Section 12-18-40. The department may promulgate regulations to aid in the performance of its duties pursuant to this chapter.
Section 12-18-50. The department may conduct examinations and investigations whenever it believes that the provisions of this
Section 12-18-55. Entities receiving a distribution of insurance premium tax revenues are held harmless against a reduction in that distribution attributable to the provisions of this chapter. The Department of Revenue shall make an alternate calculation of the distributions from insurance premium tax revenues as if the provisions of this chapter were not in effect, and each entity shall receive the larger of the regular or alternate calculation.
Section 12-18-60. If a student wants to transfer to a different school, the board of trustees of the school district shall approve or disapprove the transfer. If the board of trustees approves the transfer, the board may estimate the tuition to charge the transferring student.
Section 12-18-70. The annual determinations required in this chapter to be made by the budget office must be used by the department to set the limits on the amount of credit that may be claimed pursuant to Section 12-18-310 for the tax year beginning after the December thirty-first immediately following the determinations and on the amount for scholarships awarded pursuant to Section 12-18-750 for the calendar year beginning immediately following the determinations.
Section 12-18-310. (A) A person is allowed a tax credit for tuition paid for qualifying students to attend a school. The credit may be applied against the person's liability for taxes imposed pursuant to Chapter 6 of this title, license fees imposed pursuant to Chapter 20 of this title, or insurance premium taxes imposed pursuant to Chapter 7 of Title 38. Limitations upon the total amount of liability for taxes or license fees that can be reduced by the use of another credit allowed for that tax or license fee must be computed after the credit allowed by this section is used to reduce a tax or license fee liability pursuant to Chapter 6 or 20 of this title or Chapter 7 of Title 38. The credit may be claimed only by the person who actually paid the tuition except that if the credit is earned by one member of a controlled group of corporations, the credit may be used and applied by that member and by another member of the controlled group of corporations. As used in this article, 'controlled group of corporations' has the same meaning as provided in Section 12-6-3480(5). More than one person may claim a
(B)(1) Except as otherwise provided in this section, the credit claimed for each qualifying student pursuant to this article may not exceed the lesser of:
(a) eighty percent of the actual tuition paid; or
(b) fifty-one percent of the average state per pupil expenditure.
(2) Notwithstanding the provisions of item (1), if the qualifying student is classified as educable mentally handicapped, learning disabilities handicapped, or speech handicapped, then the credit claimed for the qualifying student must not exceed the lesser of either eighty percent of the actual tuition paid or seventy-one percent of the average state per pupil expenditure. If the qualifying student is classified as trainable mentally handicapped, emotionally handicapped, orthopedically handicapped, or homebound, then the credit claimed for the qualifying student must not exceed the lesser of either eighty percent of the actual tuition paid or eighty-nine percent of the average state per pupil expenditure. If the qualifying student is classified as visually handicapped, hearing handicapped, or autistic, then the credit claimed for the qualifying student must not exceed the lesser of either eighty percent of the actual tuition paid or one hundred twenty-seven percent of the average state per pupil expenditure. If the qualifying student may be classified in more than one classification, the classification with the higher limit must be used.
(C)(1) Notwithstanding the provisions of subsection (B), for qualifying students who are eligible for free or reduced price meals or for free milk, as determined in accordance with 7 CFR Part 245, Determining Eligibility for Free and Reduced Price Meals and Free Milk in Schools, the credit claimed for each of those qualifying students may not exceed the lesser of either:
(a) one hundred percent of the actual tuition paid; or
(b) sixty-four percent of the average state per pupil expenditure.
(2) Notwithstanding the provisions of subsection (B) and (C)(1), for qualifying students who are eligible for free or reduced price meals or for free milk, as determined in accordance with 7 CFR Part 245, Determining Eligibility for Free and Reduced Price Meals and Free Milk in Schools, and who are classified in a category identified in subsection (B)(2), the credit claimed for each of those qualifying students may not exceed the lesser of either:
(a) one hundred percent of the actual tuition paid; or
(b)(i) eighty-nine percent of the average state per pupil expenditure if the qualifying student is classified as educable mentally handicapped, learning disabilities handicapped, or speech handicapped;
(ii) one hundred twelve percent of the average state per pupil expenditure if the qualifying student is classified as trainable mentally handicapped, emotionally handicapped, orthopedically handicapped, or homebound; or
(iii) one hundred sixty percent of the average state per pupil expenditure if the qualifying student is classified as visually handicapped, hearing handicapped, or autistic.
If a qualifying student may be classified in more than one classification, the classification with the higher limit must be used.
Section 12-18-510. A person is allowed a tax credit for contributions to a scholarship granting organization that will be used in accordance with Section 12-18-750(A). The credit may be applied against the person's liability for taxes imposed pursuant to Chapter 6 of this title, license fees imposed pursuant to Chapter 20 of this title, or insurance premium taxes imposed pursuant to Chapter 7 of Title 38. Limitations upon the total amount of liability for taxes or license fees that can be reduced by the use of another credit allowed for that tax or license fee must be computed after the credit allowed by this section is used to reduce a tax or license fee liability pursuant to Chapter 6 or 20
Section 12-18-520. A scholarship granting organization receiving contributions for which the person claims a credit pursuant to this article must segregate the contributions from other funds of the scholarship granting organization.
Section 12-18-530. A person may not contribute more than ten thousand dollars to scholarship granting organizations in one tax year.
Section 12-18-610. A person is allowed a tax credit for a contribution, donation, or gift to any school district, as defined in Section 59-1-160, in the State of South Carolina that will be used in accordance with Section 12-18-630. The credit may be applied against the person's liability for taxes imposed pursuant to Chapter 6 of this title, license fees imposed pursuant to Chapter 20 of this title, or insurance premium taxes imposed pursuant to Chapter 7 of Title 38. Limitations upon the total amount of liability for taxes or license fees that can be reduced by the use of another credit allowed for that tax or license fee must be computed after the credit allowed by this section is used to reduce a tax or license fee liability pursuant to Chapter 6 or 20 of this title or Chapter 7 of Title 38. The credit may be claimed only by the person who actually made the contribution except that if the credit is earned by one member of a controlled group of corporations, the credit may be used and applied by that member and by another member of the controlled group of corporations. As used in this article, 'Controlled Group of Corporations' has the same meaning as provided in Section 12-6-3480(5) and 'person' has the same meaning as provided in Section 12-2-20. The credit is nonrefundable. A credit claimed pursuant to this section but not used in a taxable year may be
Credits which are carried forward must be used in the order earned.
Section 12-18-620. a school district, as defined in Section 59-1-160, receiving contributions, donations, or gifts for which the person claims a credit pursuant to this article must segregate the contributions from other funds of the school district.
Section 12-18-630. Contributions, donations, or gifts to a school district, as defined in Section 59-1-160, which qualify for the credit provided in Article 6 of this Chapter, must be used by the school district for the purpose of providing a public education by providing for classroom instruction, equipment, administrative costs and expenses, transportation, offset the debit service millage or school district millage, classroom materials, supplies, services, maintenance, rent, utilities, and compensation of personnel. These funds from any contribution, donation, or gift to a school district must not be considered part of the funds subject to the maintenance of local effort requirement provided in Section 59-21-1030.
Section 12-18-710. (A) A scholarship granting organization, not later than thirty days after its organization, shall register with the department as provided in this section. After that, the scholarship granting organization, not later than January thirty-first of each year, shall renew its registration with the department. Each scholarship granting organization registering with the department, whether initial or renewal, shall pay a fee of one hundred dollars.
(B) The registration must be in a form developed by the department and available both electronically and in paper form and be limited to and include:
(1) the full name, address, and telephone number of the scholarship granting organization;
(2) the name, address, and telephone number of the chief administrative official of the scholarship granting organization;
(3) the names, addresses, and telephone numbers of the individuals who serve on the scholarship granting organization's governing body;
(4) the scholarship granting organization's federal taxpayer identification number;
(5) a statement of the scholarship granting organization's status as a 501(c)(3) organization pursuant to the Internal Revenue Code;
(6) a statement that the scholarship granting organization does not discriminate in hiring on the basis of race, color, national origin, or disability; and
(7) certification by an authorized official of the scholarship granting organization that the information contained on the registration statement is true and correct.
(C) A scholarship granting organization shall file a supplemental registration statement indicating a substantial change in the information contained in the prior registration statement within thirty days after the date of the change.
(D) The department may revoke or suspend the registration of a scholarship granting organization for a violation of this chapter in accordance with Article 3, Chapter 23, Title 1, the South Carolina Administrative Procedures Act.
(E) Contributions to a scholarship granting organization that is not registered with the department or during the time that the registration of the scholarship granting organization is revoked or suspended do not qualify for the credit provided in Article 5 of this chapter.
Section 12-18-720. (A) Each scholarship granting organization, not later than June thirtieth of each year, shall file a report with the department covering that scholarship granting organization's activities during the most recently completed calendar year.
(B) Each report must be in a form developed by the department and available both electronically and in paper form and be limited to and include:
(1) the full name, address, and telephone number of the reporting scholarship granting organization;
(2) the name, address, and telephone number of the chief administrative official of the scholarship granting organization;
(3) the names, addresses, and telephone numbers of the individuals who serve on the scholarship granting organization's governing body;
(4) the scholarship granting organization's federal taxpayer identification number;
(5) a statement of the scholarship granting organization's status as a 501(c)(3) organization pursuant to the Internal Revenue Code;
(6) a statement of the monies received for which a credit may be claimed pursuant to Article 5 of this chapter during the covered period including:
(a) a listing of the amounts expended by number and amount of scholarships awarded by the school attended by the scholarship recipient and by the public school district in which the qualifying student would attend if the qualifying student were attending a public school;
(b) the total number and total dollar amount of scholarships awarded, the total number and total dollar amount of scholarships awarded to students eligible for free or reduced price meals or for free milk, as determined pursuant to 7 CFR Part 245, Determining Eligibility for Free and Reduced Price Meals and Free Milk in Schools, and the percentage of first-time recipients of scholarships who were enrolled in a public school in the year prior to the award of the scholarship; and
(c) the beginning balance for monies held for administrative expenses, a listing of the expenditures, by category, for administrative expenses including, but not limited to, marketing materials, office supplies, legal services, accounting services, rent, utilities, and compensation of personnel, and the ending balance for monies held for administrative expenses;
(7) a copy of the scholarship granting organization's annual financial and compliance audit of its accounts and records conducted by an independent certified public accountant and in accordance with regulations adopted by the department; and
(8) certification by an authorized official of the scholarship granting organization that the information contained in the report is true and correct.
(C) Information provided to the department pursuant to this section and Section 12-18-710 is available for public inspection and copying pursuant to the Freedom of Information Act. The department shall make information provided to the department pursuant to this section or Section 12-18-710 accessible to the public through the department's website.
Section 12-18-730. A scholarship granting organization shall notify the department whenever the scholarship granting organization receives more than five hundred thousand dollars of contributions in the aggregate in a calendar quarter. The notification must be filed with the department not later than thirty days after the close of the calendar quarter and must inform the department of the total amount of
Section 12-18-740. (A) Scholarship granting organizations that receive or expect to receive fifty thousands dollars or more of contributions in the aggregate in a calendar year shall file and maintain with the department a surety bond in favor of the State executed by a surety company authorized to transact business in this State. Instead of a surety bond, the scholarship granting organization may file with the department letters of credit and certificates of deposit of financial institutions located within the State in which deposits are guaranteed by the federal government or any other financial instrument that the department considers appropriate. The amount of the surety bond, letter of credit, certificate of deposit, or any other instrument filed with the department must be in an amount equal to the aggregate amount of contributions the scholarship granting organization expects to receive during the calendar year. The surety bond must be on a form approved by the department. A surety bond or financial instrument filed with the department must be conditioned to pay a person who sustains a loss as a result of:
(1) the scholarship granting organization's violation of or failure to comply with any requirement of this chapter;
(2) the scholarship granting organization's misapplication or misappropriation of funds received by it; or
(3) an act of fraud or dishonesty committed by the scholarship granting organization in the administration of a scholarship program.
(B) An aggrieved person may institute an action in the county of the person's residence against the scholarship granting organization or the surety, or both, to recover on the surety bond or to recover from the letters of credit, certificates of deposit or other financial instrument accepted by the department.
Section 12-18-750. (A) Contributions to a scholarship granting organization, which qualify for the credit provided in Article 5 of this chapter, must be used by the scholarship granting organization only for the purpose of providing scholarships to qualifying students except that not more than five percent of the contributions may be used for administrative expenses of the scholarship granting organization including, but not limited to, marketing materials, office supplies, legal services, accounting services, rent, utilities, and compensation of personnel. Students taught at home pursuant to Article 1, Chapter 65, Title 59, are eligible for scholarships provided for in this section.
(B)(1) Except as otherwise provided in this section, in a calendar year, a scholarship granting organization may not award a scholarship to a qualifying student, which exceeds the lesser of:
(a) eighty percent of the amount of the tuition at the qualifying student's school; or
(b) fifty-one percent of the average state per pupil expenditure.
(2) Notwithstanding the provisions of item (1), if the qualifying student is classified as educable mentally handicapped, learning disabilities handicapped, or speech handicapped, then a scholarship granting organization may not award a scholarship to the qualifying student, which exceeds the lesser of either eighty percent of the amount of the tuition at the qualifying student's school or seventy-one percent of the average state per pupil expenditure. If the qualifying student is classified as trainable mentally handicapped, emotionally handicapped, orthopedically handicapped, or homebound, then a scholarship granting organization may not award a scholarship to the qualifying student, which exceeds the lesser of either eighty percent of the amount of the tuition at the qualifying student's school or eighty-nine percent of the average state per pupil expenditure. If the qualifying student is classified as visually handicapped, hearing handicapped, or autistic, then a scholarship granting organization may not award a scholarship to the qualifying student, which exceeds the lesser of either eighty percent of the amount of the tuition at the qualifying student's school or one hundred twenty-seven percent of the average state per pupil expenditure. If the qualifying student may be classified in more than one classification, the classification with the higher limit must be used.
(C)(1) Notwithstanding the provisions of subsection (B), for a qualifying student who is eligible for free or reduced price meals or for free milk, as determined pursuant to 7 CFR Part 245, Determining Eligibility for Free and Reduced Price Meals and Free Milk in Schools, the scholarship from the scholarship granting organization may not exceed the lesser of either:
(a) one hundred percent of the amount of the tuition at the qualifying student's school; or
(b) sixty-four percent of the average state per pupil expenditure.
(2) Notwithstanding the provisions of subsection (B) and (C)(1), for qualifying students who are eligible for free or reduced price meals or for free milk, as determined in accordance with 7 CFR Part
(a) one hundred percent of the amount of the tuition at the qualifying student's school; or
(b)(i) eighty-nine percent of the average state per pupil expenditure if the qualifying student is classified as educable mentally handicapped, learning disabilities handicapped, or speech handicapped;
(ii) one hundred twelve percent of the average state per pupil expenditure if the qualifying student is classified as trainable mentally handicapped, emotionally handicapped, orthopedically handicapped, or homebound; or
(iii) one hundred sixty percent of the average state per pupil expenditure if the qualifying student is classified as visually handicapped, hearing handicapped, or autistic.
If a qualifying student may be classified in more than one classification, the classification with the higher limit must be used.
(D) A qualifying student may receive a scholarship from more than one scholarship granting organization; however, the total amount of the scholarships received from all scholarship granting organizations may not exceed the calendar year limits as established in this section.
Section 12-18-760. (A) A scholarship granting organization, within thirty days after the day on which a person makes a contribution to the scholarship granting organization, shall provide to the person a written statement containing the name and address of the scholarship granting organization, the name of the person making the contribution, the amount of the contribution, the date of the contribution and certifying that the contribution must be used in accordance with this chapter. The written statement must inform the person that the statement is provided pursuant to this section and that the scholarship granting organization is segregating the contribution from other funds of the scholarship granting organization as required by the provisions of Article 5 of this chapter relating to tax credits for contributions to scholarship granting organizations.
(B) When a scholarship granting organization makes a determination to award a scholarship to a qualifying student from monies for which a credit may be claimed pursuant to Article 5 of this chapter, the scholarship granting organization immediately shall notify the school, at which the scholarship will be applied, of the award of the scholarship. The school immediately shall enter the information from
(C) Scholarship granting organizations shall make scholarship payments by check payable to the qualifying student's parents or legal guardian and to the school at which the scholarship is to be used. The check may be delivered or mailed by the scholarship granting organization to the school at which the scholarship is to be used. The check must be endorsed by all payees. The check may be endorsed by the school on behalf of the student's parents or legal guardian if the parents or legal guardian have placed on file with the school written authorization to endorse the check.
Section 12-18-770. Except for the portion of a contribution a scholarship granting organization retains to expend for administrative expenses pursuant to Section 12-18-750(A), a scholarship granting organization shall expend, pursuant to this chapter, a contribution by the end of the calendar quarter which is at least twelve months from the date on which the scholarship granting organization receives the contribution. The scholarship granting organization shall remit to the State, for deposit in the general fund, monies not expended within the time period provided in this section. The remittance to the State must be made within thirty days after the end of each calendar quarter.
Section 12-18-780. A scholarship received by a qualifying student is exempt from the tax imposed pursuant to Chapter 6 of this title.
Section 12-18-910. If a qualifying student's enrollment in an independent school is terminated before the end of the school year and the independent school charges tuition of one thousand dollars or more
Section 12-18-920. (A) Annually, the State Budget and Control Board shall provide for the preparation of a report on the impact of the implementation of this chapter on school enrollment and state and local funding of public schools for the fiscal year most recently completed. The report must include, but need not be limited to, an analysis of and statement on the:
(1) change in public school enrollment, by school, attributable to this chapter;
(2) amount of credits claimed, by type, for state tax purposes; and
(3) amount of funds the State would have had to expend for public schools under the education funding formula in existence on or before the enactment of this chapter and the amount actually expended by the State.
(B) The report must be submitted by December first of each year to the Governor, the Chairman of the Senate Finance Committee, the Chairman of the Senate Education Committee, the Chairman of the House Ways and Means Committee, and the Chairman of the House Education and Public Works Committee.
Section 12-18-930. (A)(1) In addition to the annual report as provided in Section 12-18-920, the State Budget and Control Board shall provide for a long-term evaluation of the impact of this chapter. The evaluation must be conducted by contract with one or more qualified persons or entities with previous experience evaluating school choice programs and must be conducted for a minimum of twelve years. The evaluation must include an assessment of the:
(a) level of parental satisfaction for parents of students participating in the tuition credit or scholarship programs provided for in this chapter;
(b) level of parental satisfaction for parents of students in public schools;
(c) academic performance of public school and independent school students;
(d) level of student satisfaction with the tuition credit or scholarship programs provided for in this chapter;
(e) level of student satisfaction for students attending public schools;
(f) impact of the provisions of this chapter on public schools, public school students, independent schools, independent school students, and the quality of life in a community; and
(g) impact of the provisions of this chapter on school capacity, availability, and quality.
(2) The evaluation must be conducted using appropriate analytical and behavioral science methodologies and must protect the identity of participating schools and students by, at a minimum, keeping anonymous all disaggregated data other than that for the categories of grade, gender, race and ethnicity. The evaluation of public and independent school students must compute the relative efficiency of public and independent schools, and a comparison of acceptance rates into college, while adjusting or controlling for student and family background.
(B) State and local government entities shall cooperate with the persons or entities conducting the evaluation provided for in subsection (A). Scholarship granting organizations shall cooperate with the persons or entities conducting the evaluation. Cooperation includes providing available student assessment results and other information needed to complete the evaluation.
(C) The State Budget and Control Board shall pay the cost of the evaluation from funds available to it for that purpose except that state funds must not be used to pay the cost of the evaluation.
(D) By January thirty-first each year, the State Budget and Control Board shall provide to each member of the General Assembly interim reports of the results of the evaluation. Upon completion of the evaluation, the State Budget and Control Board shall provide a final report to each member of the General Assembly. At the same time as the final report is made public, the persons or entities who conducted the evaluation must make their data and methodology available for public review and inspection, but only if the release of the data and methodology is in compliance with 20 U.S.C. Section 1232g, Family Educational Rights and Privacy Act of 1974.
Section 12-18-940. The pilot program established pursuant to this chapter expires July 1, 2017, at which time the General Assembly may extend the pilot program for an additional period of time or may extend the program statewide as it determines by law."
B. Notwithstanding any other provision of law, the credit that may be claimed for each qualifying student pursuant to Section 12-18-310,
Rep. HINSON explained the amendment.
Rep. HINSON moved to table the amendment.
Rep. MERRILL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Altman Anderson Anthony Bales Ballentine Barfield Battle Bingham Brady Branham Breeland R. Brown Cato Chalk Chellis Clark
Clemmons Clyburn Coates Cobb-Hunter Cooper Cotty Dantzler Delleney Duncan Edge Emory Frye Funderburk Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes 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 J. H. Neal J. M. Neal Neilson Norman Ott Owens Parks Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers Sandifer Scarborough Scott Simrill Sinclair Skelton 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 Weeks White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
So, the amendment was tabled.
Rep. SCOTT moved to table the Bill.
Those who voted in the affirmative are:
Agnew Allen Anderson Anthony Bales Ballentine Battle Bowers Brady Branham Breeland J. Brown R. Brown Clark Clyburn Cobb-Hunter Cooper Cotty Dantzler Emory Frye Funderburk Hayes M. Hines Hosey Howard Jefferson Jennings Kennedy Kirsh Lee Littlejohn Mack Martin McCraw McLeod Miller J. H. Neal J. M. Neal Neilson Ott Parks Phillips Pinson Rhoad Rivers Rutherford Sandifer Scott Sinclair D. C. Smith F. N. Smith J. E. Smith Townsend Umphlett Vick Walker Weeks White Whitmire
Those who voted in the negative are:
Altman Barfield Bingham Cato Ceips Chalk Chellis Clemmons Coates Davenport Delleney Duncan Edge Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hinson Hiott Huggins Leach Limehouse Loftis Lucas Mahaffey McGee Merrill Norman Owens E. H. Pitts M. A. Pitts Rice
Scarborough Simrill Skelton G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Thompson Toole Tripp Vaughn Viers Wilkins Witherspoon Young
So, the Bill was tabled.
Rep. COTTY moved to reconsider the vote whereby the following Bill was tabled:
H. 3652 (Word version) -- Reps. W. D. Smith, Vaughn, Merrill, Loftis, Tripp, Scarborough, Hinson, Young, Ceips, J. R. Smith, Viers, Leach, Harrison, Chellis, Edge, Herbkersman, Clemmons, Davenport, Delleney, Hagood, Limehouse, McGee, Altman, Chalk, Haskins, Hamilton, Cato, Duncan, Barfield, Owens, Stewart, Rice and Witherspoon: A BILL TO ENACT THE "SOUTH CAROLINA PUT PARENTS IN CHARGE ACT" BY ADDING CHAPTER 18 TO TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE CREDITS FOR CERTAIN TAXES AND LICENSE FEES FOR TUITION PAID TO PUBLIC OR INDEPENDENT SCHOOLS, TO PROVIDE CREDITS FOR CERTAIN TAXES AND LICENSE FEES FOR CONTRIBUTIONS TO SCHOLARSHIP GRANTING ORGANIZATIONS, TO PROVIDE FOR THE REGULATION, REGISTRATION, AND REPORTING OF SCHOLARSHIP GRANTING ORGANIZATIONS, AND TO PROVIDE FOR REPORTING AND ACCOUNTABILITY OF THE IMPLEMENTATION OF THIS CHAPTER.
Rep. J. E. SMITH moved to table the motion to reconsider.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Agnew Allen Anderson Anthony Bales Battle Bowers Brady Branham Breeland J. Brown R. Brown Clyburn Cobb-Hunter Cooper Cotty Dantzler Emory Frye Funderburk Govan Hayes M. Hines Hosey Howard Jefferson Jennings Kennedy Kirsh Lee Littlejohn Mack Martin McCraw McLeod Miller J. H. Neal J. M. Neal Neilson Ott Parks Perry Phillips Pinson Rhoad Rivers Rutherford Sandifer Scott D. C. Smith F. N. Smith J. E. Smith Taylor Thompson Townsend Vick Walker Weeks White Whitmire
Those who voted in the negative are:
Altman Ballentine Barfield Bingham Cato Ceips Chalk Chellis Clark Clemmons Coates Davenport Delleney Duncan Edge Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hinson Hiott Huggins Leach Limehouse Loftis Lucas Mahaffey McGee Merrill Norman Owens E. H. Pitts M. A. Pitts Rice Scarborough Simrill Skelton G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Toole
Tripp Umphlett Vaughn Viers Wilkins Witherspoon Young
So, the motion to reconsider was tabled.
The reason I voted no on the motion to table H. 3652 was because I believed the Bill should be fully debated since it had been discussed this entire session. To kill H. 3652 without debate I believed to be not in the best interest of the State.
Rep. B.R. Skelton
Because I needed to fulfill my obligations to complete letters of recommendation and respond to mail, I was delayed in arriving to the House Chamber and could not record my vote in support of tabling H. 3652. I agree and concur with the effort to vote down H. 3652, "Putting Parents in Charge."
Rep. Jackson "Seth" Whipper
With regards to H. 3652, Amendment No. 1 and the tabling motion, I was briefly out of the Chamber due to a personal emergency and would have voted yes.
Rep. Jerry N. Govan
I was in my office talking with Department of Natural Resources about a beaver problem in my district when H. 3652 came up. I would like to be recorded had I been on the House floor. I would have voted "yes" to table on H. 3652.
Rep. George Bailey
I was out for lunch with a group from my community. I would have voted against PPIC had I been here.
Rep. Grady Brown
House Bill 3652 (PPIC) is a Bill that needed complete debate by the House. The vote to table the debate was not my intention and this is the reason why I voted against tabling the Bill. I strongly oppose the piece of legislation, but to deny debate is not the way to go.
Rep. David Hiott
Although I did not support this Bill in its original form, I voted not to table the legislation in the beginning to allow an opportunity for debate.
Rep. Michael Thompson
I was in a meeting in the Blatt building when a tabling motion was called for on H. 3652 and I missed the vote. However, had I been in the Chamber to vote, I would have voted to table the Bill.
Rep. Robert S. "Skipper" Perry, Jr.
The following Bill was taken up:
H. 3604 (Word version) -- Reps. Cato, Barfield, Bailey, Ballentine, G. Brown, Chellis, Dantzler, Hamilton, Hayes, Jennings, Norman, Rice, J. E. Smith, Taylor, Young, Bingham, Clark, Huggins, Owens and Simrill: A BILL TO AMEND SECTION 40-45-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATING OR RESTRICTING RIGHTS OF PHYSICAL THERAPISTS TO PRACTICE WITHIN THE SCOPE OF THEIR STATUTORY AUTHORITY, SO AS TO ALSO PROVIDE THAT PROVISIONS OF THE PHYSICAL THERAPY PRACTICE ACT MAY NOT BE CONSTRUED TO PROHIBIT OR RESTRICT THE CONDUCT OF A PHYSICAL THERAPIST OR PHYSICAL THERAPIST
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11714AC05):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 40-45-110 (A) of the 1976 Code is amended to read:
"(A) In addition to other grounds provided for in Section 40-1-110, the board, after notice and hearing, may restrict or refuse to grant a license to an applicant and may refuse to renew the license of a licensed person, and may suspend, revoke, or otherwise restrict the license of a licensed person who:
(1) requests, receives, participates, or engages directly or indirectly in the dividing, transferring, assigning, rebating, or refunding of fees received for professional services or profits by means of a credit or other valuable consideration including, but not limited to, wages, an unearned commission, discount, or gratuity with a person who referred a patient, or with a relative or business associate of the referring person. However, nothing in this section may be construed to prohibit a person licensed under this chapter from being employed by a licensed health care facility as defined by Section 44-7-130. Notwithstanding the provisions of this section, physical therapists or physical therapy assistants may be employed by a health care provider if the provider employed a physical therapist or physical therapist assistant on April 15, 2005 in compliance with Chapter 113 of Title 44 and may be employed by the provider until May 31, 2010.
(2) has treated or undertaken to treat human ailments otherwise than by physical therapy or has practiced physical therapy and failed to refer to a licensed medical doctor or dentist any patient whose medical condition should have been determined at the time of evaluation or treatment to be beyond the scope of practice of a physical therapist;
(3) knowingly aided, assisted, procured, or advised a person to practice physical therapy contrary to this chapter or to regulations promulgated by the board pursuant to this chapter or knowingly performed an act which aids, assists, procures, or advises an unlicensed person to practice physical therapy;
(4) in the absence of a referral from a licensed medical doctor or dentist, provides physical therapy services beyond thirty days after the initial evaluation and/or treatment date without the referral of the patient to a licensed medical doctor or dentist;
(5) changes, or in any way modifies, any specific patient care instructions or protocols established by an appropriate health care provider without prior consultation with and approval by the appropriate health care provider.
(6) prior to June 1, 2010 has treated a patient referred to the physical therapist by the health care provider by which the physical therapist is employed, unless before the referral the provider furnishes the patient with a written disclosure form, which the patient has signed, informing the patient of:
(a) the existence of the investment interest;
(b) the name and address of each applicable entity to which a referral is made in which the referring health care provider is an investor;
(c) the patient's right to obtain the item or services for which the patient has been referred at the location or from the provider or supplier of the patient's choice, including the entity in which the referring provider is an investor;
(d) the names and addresses of at least two alternative sources of these items or services available to the patient;
(e) a schedule of typical fees for items or services usually provided by the entity or, if impracticable because of the nature of the treatment, a written estimate specific to the patient."
SECTION 2. Section 44-113-40 of the 1976 Code is further amended to read:
"Section 44-113-40. (A) A health care provider may refer a patient to an entity in which the health care provider is an investor if the referral is permitted under Section 44-113-20(10)(d) or Section 44-113-30(A)(3) if before the referral the provider furnishes the patient with a written disclosure form informing the patient of:
(1) the existence of the investment interest;
(2) the name and address of each applicable entity to which a referral is made in which the referring health care provider is an investor;
(3) the patient's right to obtain the item or services for which the patient has been referred at the location or from the provider or supplier of the patient's choice, including the entity in which the referring provider is an investor;
(4) the names and addresses of at least two alternative sources of these items or services available to the patient;
(5) a schedule of typical fees for items or services usually provided by the entity or, if impracticable because of the nature of the treatment, a written estimate specific to the patient.
(B) Notwithstanding the provisions of Section 44-113-30 (A) (1), prior to June 1, 2010 a health care provider may refer a patient to a physical therapist employed by the health care provider if, before the referral, the provider furnishes the patient with a written disclosure form informing the patient of:
(1) the existence of the investment interest;
(2) the name and address of each applicable entity to which a referral is made in which the referring health care provider is an investor;
(3) the patient's right to obtain the item or services for which the patient has been referred at the location or from the provider or supplier of the patient's choice, including the entity in which the referring provider is an investor;
(4) the names and addresses of at least two alternative sources of these items or services available to the patient;
(5) a schedule of typical fees for items or services usually provided by the entity or, if impracticable because of the nature of the treatment, a written estimate specific to the patient.
(C) The referring provider must obtain the patient's signature that the information required under subsection (A) or (B) has been provided to the patient."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. G. R. SMITH moved to adjourn debate on the amendment, which was agreed to.
Rep. SANDIFER moved to adjourn debate on the Bill until Wednesday, May 18.
Rep. CATO moved to table the motion.
Rep. CATO demanded the yeas and nays which were taken, resulting as follows:
Agnew Allen Altman Anderson Bales Ballentine Barfield Bingham Bowers Brady Breeland J. Brown Cato Ceips Chalk Chellis Clemmons Coates Cooper Cotty Davenport Delleney Edge Funderburk Govan Haley Hamilton Hardwick Harrell Herbkersman Hiott Hosey Huggins Jefferson Jennings Kirsh Leach Lee Loftis Mahaffey Martin McGee McLeod Neilson Norman Owens Parks E. H. Pitts Rhoad Rutherford Scarborough Scott Simrill Sinclair Skelton D. C. Smith F. N. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Weeks White Wilkins Young
Those who voted in the negative are:
Battle Hagood Limehouse Littlejohn Mack McCraw Miller Sandifer J. E. Smith Whitmire Witherspoon
So, the motion to adjourn debate was tabled.
"(A) In addition to other grounds provided for in Section 40-1-110, the board, after notice and hearing, may restrict or refuse to grant a license to an applicant and may refuse to renew the license of a licensed person, and may suspend, revoke, or otherwise restrict the license of a licensed person who:
(1) requests, receives, participates, or engages directly or indirectly in the dividing, transferring, assigning, rebating, or refunding of fees received for professional services or profits by means of a credit or other valuable consideration including, but not limited to, wages, an unearned commission, discount, or gratuity with a person who referred a patient, or with a relative or business associate of the referring person. Notwithstanding the provisions of this section, physical therapists or physical therapy assistants may be employed by a health care provider if the provider employed a physical therapist or physical therapist assistant on April 7, 2004 in compliance with Chapter 113 of Title 44.
(2) has treated or undertaken to treat human ailments otherwise than by physical therapy or has practiced physical therapy and failed to refer to a licensed medical doctor or dentist any patient whose medical condition should have been determined at the time of evaluation or treatment to be beyond the scope of practice of a physical therapist;
(3) knowingly aided, assisted, procured, or advised a person to practice physical therapy contrary to this chapter or to regulations promulgated by the board pursuant to this chapter or knowingly performed an act which aids, assists, procures, or advises an unlicensed person to practice physical therapy;
(4) in the absence of a referral from a licensed medical doctor or dentist, provides physical therapy services beyond thirty days after the initial evaluation and/or treatment date without the referral of the patient to a licensed medical doctor or dentist;
(5) changes, or in any way modifies, any specific patient care instructions or protocols established by an appropriate health care
(6) has treated a patient referred to the physical therapist by the health care provider by which the physical therapist is employed, unless before the referral the provider furnishes the patient with a written disclosure form, which the patient has signed, informing the patient of:
(a) the existence of the investment interest;
(b) the name and address of each applicable entity to which a referral is made in which the referring health care provider is an investor;
(c) the patient's right to obtain the item or services for which the patient has been referred at the location or from the provider or supplier of the patient's choice, including the entity in which the referring provider is an investor;
(d) the names and addresses of at least two alternative sources of these items or services available to the patient;
(e) a schedule of typical fees for items or services usually provided by the entity or, if impracticable because of the nature of the treatment, a written estimate specific to the patient."
SECTION 2. Section 44-113-40 of the 1976 Code is further amended to read:
"Section 44-113-40. (A) A health care provider may refer a patient to an entity in which the health care provider is an investor if the referral is permitted under Section 44-113-20(10)(d) or Section 44-113-30(A)(3) if before the referral the provider furnishes the patient with a written disclosure form informing the patient of:
(1) the existence of the investment interest;
(2) the name and address of each applicable entity to which a referral is made in which the referring health care provider is an investor;
(3) the patient's right to obtain the item or services for which the patient has been referred at the location or from the provider or supplier of the patient's choice, including the entity in which the referring provider is an investor;
(4) the names and addresses of at least two alternative sources of these items or services available to the patient;
(5) a schedule of typical fees for items or services usually provided by the entity or, if impracticable because of the nature of the treatment, a written estimate specific to the patient.
(B) Notwithstanding the provisions of Section 44-113-30 (A) (1), a health care provider may refer a patient to a physical therapist employed by the health care provider if, before the referral, the provider furnishes the patient with a written disclosure form informing the patient of:
(1) the existence of the investment interest;
(2) the name and address of each applicable entity to which a referral is made in which the referring health care provider is an investor;
(3) the patient's right to obtain the item or services for which the patient has been referred at the location or from the provider or supplier of the patient's choice, including the entity in which the referring provider is an investor;
(4) the names and addresses of at least two alternative sources of these items or services available to the patient;
(5) a schedule of typical fees for items or services usually provided by the entity or, if impracticable because of the nature of the treatment, a written estimate specific to the patient.
(C) The referring provider must obtain the patient's signature that the information required under subsection (A) or (B) has been provided to the patient.
(D) A health care provider, who is not a physical therapist, may not employ a greater number of physical therapists or physical therapist assistants than the provider employed on April 7, 2004, or expand physical therapy services in any manner."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. WHITE explained the amendment.
The amendment was then adopted.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11714AC05), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
"(A) In addition to other grounds provided for in Section 40-1-110, the board, after notice and hearing, may restrict or refuse to grant a license to an applicant and may refuse to renew the license of a licensed person, and may suspend, revoke, or otherwise restrict the license of a licensed person who:
(1) requests, receives, participates, or engages directly or indirectly in the dividing, transferring, assigning, rebating, or refunding of fees received for professional services or profits by means of a credit or other valuable consideration including, but not limited to, wages, an unearned commission, discount, or gratuity with a person who referred a patient, or with a relative or business associate of the referring person. However, nothing in this section may be construed to prohibit a person licensed under this chapter from being employed by a licensed health care facility as defined by Section 44-7-130. Notwithstanding the provisions of this section, physical therapists or physical therapy assistants may be employed by a health care provider if the provider employed a physical therapist or physical therapist assistant on April 15, 2005 in compliance with Chapter 113 of Title 44 and may be employed by the provider until May 31, 2010.
(2) has treated or undertaken to treat human ailments otherwise than by physical therapy or has practiced physical therapy and failed to refer to a licensed medical doctor or dentist any patient whose medical condition should have been determined at the time of evaluation or treatment to be beyond the scope of practice of a physical therapist;
(3) knowingly aided, assisted, procured, or advised a person to practice physical therapy contrary to this chapter or to regulations promulgated by the board pursuant to this chapter or knowingly performed an act which aids, assists, procures, or advises an unlicensed person to practice physical therapy;
(4) in the absence of a referral from a licensed medical doctor or dentist, provides physical therapy services beyond thirty days after the initial evaluation and/or treatment date without the referral of the patient to a licensed medical doctor or dentist;
(5) changes, or in any way modifies, any specific patient care instructions or protocols established by an appropriate health care provider without prior consultation with and approval by the appropriate health care provider.
(6) prior to June 1, 2010 has treated a patient referred to the physical therapist by the health care provider by which the physical therapist is employed, unless before the referral the provider furnishes the patient with a written disclosure form, which the patient has signed, informing the patient of:
(a) the existence of the investment interest;
(b) the name and address of each applicable entity to which a referral is made in which the referring health care provider is an investor;
(c) the patient's right to obtain the item or services for which the patient has been referred at the location or from the provider or supplier of the patient's choice, including the entity in which the referring provider is an investor;
(d) the names and addresses of at least two alternative sources of these items or services available to the patient;
(e) a schedule of typical fees for items or services usually provided by the entity or, if impracticable because of the nature of the treatment, a written estimate specific to the patient."
SECTION 2. Section 44-113-40 of the 1976 Code is further amended to read:
"Section 44-113-40. (A) A health care provider may refer a patient to an entity in which the health care provider is an investor if the referral is permitted under Section 44-113-20(10)(d) or Section 44-113-30(A)(3) if before the referral the provider furnishes the patient with a written disclosure form informing the patient of:
(1) the existence of the investment interest;
(2) the name and address of each applicable entity to which a referral is made in which the referring health care provider is an investor;
(3) the patient's right to obtain the item or services for which the patient has been referred at the location or from the provider or supplier of the patient's choice, including the entity in which the referring provider is an investor;
(4) the names and addresses of at least two alternative sources of these items or services available to the patient;
(5) a schedule of typical fees for items or services usually provided by the entity or, if impracticable because of the nature of the treatment, a written estimate specific to the patient.
(B) Notwithstanding the provisions of Section 44-113-30 (A) (1), prior to June 1, 2010 a health care provider may refer a patient to a physical therapist employed by the health care provider if, before the referral,
(1) the existence of the investment interest;
(2) the name and address of each applicable entity to which a referral is made in which the referring health care provider is an investor;
(3) the patient's right to obtain the item or services for which the patient has been referred at the location or from the provider or supplier of the patient's choice, including the entity in which the referring provider is an investor;
(4) the names and addresses of at least two alternative sources of these items or services available to the patient;
(5) a schedule of typical fees for items or services usually provided by the entity or, if impracticable because of the nature of the treatment, a written estimate specific to the patient.
(C) The referring provider must obtain the patient's signature that the information required under subsection (A) or (B) has been provided to the patient."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. G. R. SMITH moved to table the amendment, which was agreed to.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Anthony Bailey Bales Ballentine Barfield Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Duncan Edge Govan
Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman Hinson Hiott Hosey Howard Huggins Jefferson Jennings Kirsh Leach Lee Loftis Lucas Mahaffey Martin McGee J. H. Neal Neilson Norman Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers Rutherford Scarborough Scott Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith Stewart Talley Taylor Thompson Toole Townsend Umphlett Vaughn Vick Viers Walker Weeks Whipper White Young
Those who voted in the negative are:
Altman Battle Emory Funderburk Hagood Kennedy Limehouse Mack McCraw McLeod Merrill Miller Sandifer Tripp Whitmire Witherspoon
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3264 (Word version) -- Reps. Townsend, Wilkins, W. D. Smith, Miller, Harrell, Harrison, Cato, J. Brown, Witherspoon, Chellis, Cooper, Martin, J. R. Smith, Thompson, White, Vaughn, Scarborough, Leach, Bailey, Viers, Hagood, Walker, Hardwick, Hamilton, Mahaffey, Limehouse and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-223 SO AS TO ELIMINATE INCREASES IN FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY ATTRIBUTABLE TO QUADRENNIAL REASSESSMENT IN THE COUNTY, AND PROVIDE THE PERIOD FOR WHICH THIS EXEMPTION APPLIES; AND TO AMEND SECTION 12-37-223A., RELATING TO THE COUNTY OPTION PROPERTY TAX EXEMPTION LIMITING TO FIFTEEN PERCENT INCREASES IN FAIR MARKET VALUE OF REAL PROPERTY AS A RESULT OF QUADRENNIAL REASSESSMENT IN A COUNTY, SO AS TO CONFORM THIS OPTIONAL EXEMPTION TO THE PROVISIONS OF SECTION 12-37-223 OF THE 1976 CODE AS ADDED BY THIS ACT.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10782HTC05), which was adopted:
Amend the bill, as and if amended, beginning on page 3, by striking Sections 2 and 3 and inserting:
/ Section 2. Section 12-37-223A of the 1976 Code is repealed.
Section 3. This act takes effect upon approval by the Governor and applies for countywide assessment and equalization program values implemented after 2004. /
Renumber sections to conform.
Amend title to read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-223 SO AS TO ELIMINATE INCREASES IN FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY ATTRIBUTABLE TO QUADRENNIAL REASSESSMENT IN THE COUNTY, AND PROVIDE THE PERIOD FOR WHICH THIS EXEMPTION APPLIES; AND TO REPEAL SECTION 12-37-223A, RELATING TO A COUNTY OPTION PROPERTY TAX EXEMPTION.
Rep. HERBKERSMAN proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\10847MM05), which was adopted:
Amend the bill, as and if amended, SECTION 3, as found on page 3264-1, by deleting the SECTION in its entirety and inserting:
/ SECTION 3. A. This act takes effect upon approval by the Governor and applies for countywide assessment and equalization program values implemented after 2004.
B. The governing body of a county which implemented in property tax year 2004 the values for real property determined in a countywide assessment and equalization plan conducted pursuant to Section 12-43-217 of the 1976 Code, by ordinance and for property tax year 2005 only, may revert to the values of real property used in the calculation of 2003 property taxes. The reversion does not apply to value attributable to improvements to real property first subject to property tax in 2004 or 2005. Notwithstanding any other provision of this act, the values to which the limits apply in a county enacting an ordinance authorized by this section are the 2003 values as modified pursuant to this section. /
Renumber sections to conform.
Amend title to conform.
Rep. HERBKERSMAN explained the amendment.
The amendment was then adopted.
Rep. BOWERS proposed the following Amendment No. 3 (Doc Name COUNCIL\GJK\20475SD05), which was tabled:
Amend the bill, as and if amended, in Section 12-37-223 of the 1976 Code, as contained in SECTION 1, by striking subsection (A) and inserting:
/ (A) For purposes of this section, 'real property' means owner-occupied residential real property eligible for the four-percent assessment ratio for property tax purposes allowed pursuant to Section 12-43-220(c), and also means real property assessed at a six percent assessment ratio for property tax purposes. /
Renumber sections to conform.
Amend title to conform.
Rep. BOWERS explained the amendment.
Rep. PINSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Barfield Battle Bingham Brady Cato Chellis Clemmons Clyburn Coates Cotty Dantzler Davenport Duncan Edge Frye Govan Haley Hardwick Hiott Huggins Kirsh Leach Limehouse Littlejohn Lucas Mahaffey Martin McGee Merrill Norman Perry Phillips E. H. Pitts M. A. Pitts Sandifer Scarborough Simrill G. M. Smith J. R. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Umphlett Viers Weeks White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Agnew Altman Bales Bowers G. Brown J. Brown R. Brown Ceips Chalk Cobb-Hunter Delleney Emory Funderburk Hagood Hamilton Hayes Herbkersman Jefferson Jennings Lee Mack McLeod Miller J. H. Neal J. M. Neal Neilson Rhoad Rice Sinclair Skelton
F. N. Smith G. R. Smith J. E. Smith Vick Whipper
So, the amendment was tabled.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Altman Bailey Bales Ballentine Bingham Bowers G. Brown J. Brown Cato Ceips Chalk Chellis Clemmons Clyburn Coates Cooper Cotty Davenport Delleney Duncan Edge Frye Govan Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hiott Huggins Jefferson Kirsh Leach Limehouse Loftis Mahaffey Martin McCraw McGee McLeod Merrill Miller Ott Owens Parks Phillips Pinson E. H. Pitts Rhoad Rice Sandifer Scarborough Simrill Sinclair D. C. Smith G. M. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Vaughn Vick Viers
Weeks White Wilkins Young
Those who voted in the negative are:
Brady R. Brown Cobb-Hunter Emory Funderburk Jennings Kennedy Lucas Mack J. M. Neal Neilson Norman Perry Skelton G. R. Smith J. E. Smith Whipper
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3350 (Word version) -- Reps. Vaughn, Cato, Scott, Haskins, Leach, Cobb-Hunter, Whipper, Rutherford, Taylor, Battle, Branham, J. Brown, Ceips, Chalk, Cooper, Hagood, Howard, Jennings, Lee, Limehouse, Littlejohn, Mack, Martin, McCraw, McGee, Miller, Moody-Lawrence, J. H. Neal, Rice, J. E. Smith, W. D. Smith and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 10, TITLE 4 SO AS TO PROVIDE FOR THE IMPOSITION OF A ONE PERCENT SALES AND USE TAX BY REFERENDUM IN A MUNICIPALITY FOR A SPECIFIC PERIOD OF TIME AND FOR SPECIFIC PROJECTS, AND TO PROVIDE THE METHOD FOR IMPOSITION, PAYMENT, AND COLLECTION OF THIS TAX.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22008HTC05), which was adopted:
Amend the bill, as and if amended, by striking Section 4-10-740(A)(1)(f) and (g), as contained in Section 1, page 2 and inserting:
(g) beach access and beach renourishment;
(h) jointly operated projects of the municipality, county, special purpose district, and school district, or any combination of those entities, for the projects delineated in subitems (a) through (g) of this subsection;
(i) any combination of the projects described in subitems (a) through (h) of this item; /
Renumber sections to conform.
Amend title to conform.
Rep. VAUGHN explained the amendment.
The amendment was then adopted.
Rep. MCLEOD proposed the following Amendment No. 3 (Doc Name COUNCIL\DKA\3394HTC05), which was ruled out of order:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 36, Title 12 of the 1976 Code is amended by adding:
Section 12-36-1110. An additional sales, use, and casual excise tax equal to two percent is imposed on amounts taxable pursuant to this chapter."
SECTION 2. Section 11-11-150 of the 1976 Code, as last amended by Act 387 of 2000, is further amended by adding:
"(H) Beginning July 1, 2005, and notwithstanding the provisions of Section 12-37-251(B) revenues from the Trust Fund for Tax Relief to be distributed to a school district as a reimbursement for the property tax exemption enumerated in item (1) of subsection (A) must be paid monthly in an amount that is the district's share of these revenues based on the district's weighted pupil units as a percentage of statewide weighted pupil units as determined annually pursuant to the Education Finance Act."
SECTION 3. Chapter 11, Title 11 of the 1976 Code is amended by adding:
"Section 11-11-155. (A) For each fiscal year, the revenue from the tax imposed pursuant to Section 12-36-1110 are automatically
(B) An unexpended balance in the School Trust Fund at the end of a fiscal year must remain in the School Trust Fund.
(C) Earnings on the School Trust Fund must be credited to the School Trust Fund.
(D) Nothing in this section prohibits appropriations by the General Assembly of additional revenues to the School Trust Fund."
SECTION 4. Chapter 37 of Title 12 of the 1976 Code is amended by adding:
"Section 12-37-253. (A) After the exemption allowed pursuant to Section 12-37-250 and Section 12-37-251, in the case of real property classified pursuant to Section 12-43-220(c), any remaining fair market value otherwise subject to tax and the fair market value of all other real property, however classified, is exempt from all school taxes except taxes:
(1) levied for bonded indebtedness for capital construction for schools;
(2) levied to make payments pursuant to a lease purchase agreement or other financing instrument for capital construction for schools; and
(3) levied for school operations sufficient to prevent any decline in the district's operating budget from state funds and property taxes from fiscal year 2004-2005 to 2005-2006. Millage for fiscal year 2005-2006 to prevent a reduction and fund teacher salaries may not be increased in subsequent years, and it must be decreased in subsequent years through millage adjustments by a dollar amount equal to one-half of the new revenue provided to the district from EFA distributions and the School Trust Fund for those years.
(B) School districts must be paid monthly from revenues credited to the School Trust Fund for a fiscal year for the exemption allowed by this section in an amount that is the district's proportionate share of School Trust Fund revenues based on the district's weighted pupil units as a percentage of statewide weighted pupil units as determined annually pursuant to the Education Finance Act. The School Trust Fund revenues that must be paid to school districts comprise the total of the revenue of the taxes imposed pursuant to Section 12-36-1110.
The General Assembly expresses its intent to fund annual growth in School Trust Fund revenues at least equal to the increase in the Consumer Price Index and state population each year.
(C) Notwithstanding any other provision of law, property exempted from property taxation in the manner provided in this section is considered taxable property for purposes of bonded indebtedness pursuant to Sections 14 and 15 of Article X of the Constitution of this State.
(D) The exemption provided by this section applies for property taxes imposed by any property taxing entity if the revenues of taxes imposed by the entity are used directly or indirectly for school operations."
SECTION 5. A. Article 3, Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-223. (A) For purposes of this section, 'real property' means all real property, however classified for purposes of the property tax.
(B) There is exempted from property tax an amount of fair market value of real property located in the county sufficient to eliminate any increase in fair market value attributable to a countywide appraisal and equalization program conducted pursuant to Section 12-43-217 or any other manner in which the value of real property may be increased except as provided in item (1) of this subsection. An exemption allowed by this section does not apply to:
(1) fair market value attributable to real property or improvements to real property not previously taxed, such as new construction, and for renovation of existing structures; and
(2) real property transferred after the implementation of the values determined in the most recent countywide equalization program conducted pursuant to Section 12-43-217.
(C) Notwithstanding subsection (B)(2), the exemption provided in subsection (B) applies to real property which has been transferred in a transfer not subject to income tax pursuant to Sections 102 (Gifts and Inheritances), limited to transfers to a spouse or surviving spouse, 1033 (Conversions--Fire and Insurance Proceeds to Rebuild), 1041 (Transfers of Property Between Spouses or Incident to Divorce), 351 (Transfer to a Corporation Controlled by Transferor), 355 (Distribution by a Controlled Corporation), 368 (Corporate Reorganizations), or 721 (Nonrecognition of Gain or Loss on a Contribution to a Partnership) of the Internal Revenue Code, as defined in Section 12-6-40. The exemption provided in subsection (B) also continues to apply to real
(D) Once the fair market value of real property is first reduced by the exemption allowed in subsection (B), that reduced fair market value remains the fair market value of the property subject to property tax except as otherwise provided in subsection (B)(1) and (2), regardless of further increases in fair market value of that real property as determined in subsequent countywide appraisal and equalization programs or otherwise. When real property is transferred such that the real property is no longer eligible for the exemption provided for in subsection (B), the real property is subject to being taxed in the tax year following the transfer at its value, as determined under Section 12-37-930, at current fair market value as determined by the county assessor.
(E) The closing attorney involved in a real estate transfer shall provide the following notice to the buyer or buyers:
REAL PROPERTY TRANSFERRED AS A RESULT OF THIS TRANSACTION MAY BE SUBJECT TO PROPERTY TAXATION DURING THE NEXT TAX YEAR AT A VALUE THAT REFLECTS ITS FAIR MARKET VALUE."
B. Section 12-27-223A of the 1976 Code is repealed.
C. Notwithstanding the general effective date of this act, this section takes effect upon approval of this act by the Governor and applies for values resulting from countywide assessment and equalization programs or otherwise implemented after 2004.
SECTION 6. Chapter 20 of Title 59 of the 1976 Code is amended by adding:
"Section 59-20-42. (A) Notwithstanding any other provision of law, beginning with fiscal year 2005-2006, Education Finance Act appropriations and employer contributions must be distributed to a school district in an amount that is the district's proportionate share of such funds based on the district's weighted pupil units as a percentage of statewide weighted pupil units as determined annually pursuant to the Education Finance Act.
(B) It is the intent of the General Assembly that funding for weighted pupil unit growth for Education Finance Act purposes must be at least equal to the growth in the Consumer Price Index each year.
(C) Beginning July 1, 2005, a base student cost no longer shall be established annually by the General Assembly nor shall the Division of Research and Statistics calculate an annual inflation factor as required by Section 59-20-40(1)(b)."
SECTION 7. Notwithstanding the provisions of Section 6-1-320 of the 1976 Code, for a period of three years beginning July 1, 2005, and ending June 30, 2008, a local governing body pursuant to Article 3, Chapter 1 of Title 6, and if otherwise permitted to do so by law may increase the millage rate imposed for general operating purposes above the rate imposed for such purposes for the preceding tax year, not including a percentage increase that does not exceed the total of any increase in the consumer price index and any increase in the taxing jurisdiction's population in the last completed calendar year as determined by the Board of Economic Advisors, only by a two-thirds vote of the membership of the governing body, present or not, rather than by a positive majority vote as defined therein. If there is a vacancy in the membership of the governing body, a two-thirds vote of the membership of the governing body as constituted on the date of the vote is required.
SECTION 8. (A) Article 3, Chapter 10 of Title 4 and Chapter 37 of Title 4 of the 1976 Code are repealed; provided, however, that the special sales taxes authorized before the effective date of this section to support capital projects under Article 3, Chapter 10 of Title 4 and the special sales taxes or tolls authorized before the effective date of this section to support transportation infrastructure projects under Chapter 37 of Title 4 shall continue until their termination date to provide financing or debt service funding for the projects authorized.
(B) In those counties in which is imposed on the effective date of this act the local sales and use tax allowed pursuant to Article 1, Chapter 10, Title 4 of the 1976 Code, there must be conducted a referendum held on the Tuesday following the first Monday in November following such effective date on rescinding the tax in the county as provided in Section 4-10-35 of the 1976 Code, without regard to the petition requirements provided therein. If a majority of the qualified electors voting in the referendum favor rescinding the tax, the tax is rescinded on a date determined by the governing body of the county not more than twenty-four months following the date the result of the referendum is certified to county council. The governing body of the county shall notify the Department of Revenue of the date the tax is rescinded.
Rep. MCLEOD explained the amendment.
Rep. ALTMAN raised the Point of Order that Amendment No. 3 was out of order in that it was not germane to the Bill.
Rep. MCLEOD argued contra.
SPEAKER WILKINS stated that while the Bill dealt with a one cent municipal sales tax to be used for special projects, the amendment dealt with a 2 cents statewide sales tax to be used for the purpose of eliminating school operating taxes. He stated that in accordance with Rule 9.3 the amendment went beyond the scope, substantial effect, and impact of the original Bill. He therefore sustained the Point of Order and ruled the amendment out of order.
Rep. KIRSH proposed the following Amendment No. 4 (Doc Name COUNCIL\DKA\3388HTC05), which was tabled:
Amend the bill, as and if amended, Section 4-10-720, as contained in SECTION 1, page 1, by adding after line 40 a new paragraph to read:
/ The tax authorized by this article must not be imposed within a municipality that is already subject to a sales tax authorized by Title 4 or within a school district that is already subject to a sales tax authorized by a local act of the General Assembly. /
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. HAGOOD moved to table the amendment.
Rep. KIRSH demanded the yeas and nays which were taken, resulting as follows:
Agnew Bailey Bowers Brady Branham Cato Ceips Chalk Chellis Clark Clyburn Coates Cotty Dantzler Delleney Duncan Emory Funderburk Govan Hagood Hardwick Harrell Harrison Hayes Herbkersman Hinson Hiott Jefferson Jennings Leach Limehouse Lucas Martin McGee Owens M. A. Pitts Rhoad Rice Scarborough Scott Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Talley Taylor Thompson Townsend Tripp Umphlett Vaughn Whipper White Wilkins Witherspoon
Those who voted in the negative are:
Allen Altman Anthony Bales Ballentine Barfield Battle Bingham Breeland G. Brown J. Brown Clemmons Cobb-Hunter Davenport Edge Frye Haley Hamilton Huggins Kirsh Lee Loftis Mack Mahaffey McLeod Miller J. H. Neal Neilson Norman Ott Parks Perry Phillips Pinson E. H. Pitts Sandifer Simrill F. N. Smith Stewart Toole Vick Viers Whitmire
Rep. HAMILTON proposed the following Amendment No. 5 (Doc Name COUNCIL\PT\2627SJ05), which was adopted:
Amend the bill, as and if amended, after Section 4-10-790 as contained in SECTION 1, by adding:
/ Section 4-10-800. A capital project pursuant to this chapter must be completed before a referendum may be initiated for another project./
Renumber sections to conform.
Amend title to conform.
Rep. HAMILTON explained the amendment.
Rep. VAUGHN spoke against the amendment.
Rep. HAMILTON spoke in favor of the amendment.
The amendment was then adopted.
Rep. MILLER proposed the following Amendment No. 7 (Doc Name COUNCIL\GJK\20504SD05), which was ruled out of order:
Amend the bill, as and if amended, by adding a new section appropriately numbered to read:
/SECTION ____. The 1976 Code is amended by adding:
"Section 4-9-185. A county governing body by ordinance may impose a real estate transfer fee per transaction, the proceeds of which must be used for the same purposes required by the Municipal Capital Projects Sales Tax Act provided for in Article 7, Chapter 10, Title 4 of the 1976 Code." /
Renumber sections to conform.
Amend title to conform.
Rep. MILLER explained the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 7 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. E. H. PITTS spoke against the Bill.
Rep. TOOLE spoke against the Bill.
Rep. VAUGHN spoke in favor of the Bill.
Rep. VAUGHN continued speaking.
Rep. LITTLEJOHN spoke in favor of the Bill.
Rep. OTT moved to recommit the Bill to the Committee on Ways and Means.
Rep. VAUGHN moved to table the motion.
Rep. VAUGHN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Altman Anthony Bingham Breeland Cato Ceips Chalk Coates Cooper Delleney Duncan Hagood Hamilton Harrell Haskins Hayes Hiott Leach Limehouse Littlejohn Mack Mahaffey McCraw McGee Norman Owens Rice Sandifer Scarborough Simrill Sinclair Skelton G. R. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Taylor Thompson Tripp Vaughn Whipper White Whitmire Wilkins
Allen Bailey Bales Ballentine Barfield Battle Bowers Brady Branham G. Brown J. Brown R. Brown Chellis Clark Clemmons Clyburn Cobb-Hunter Cotty Dantzler Edge Emory Frye Funderburk Govan Haley Hardwick Hinson Huggins Jefferson Jennings Kennedy Kirsh Lee Lucas Martin McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Ott Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Scott D. C. Smith F. N. Smith G. M. Smith Talley Toole Townsend Umphlett Vick Viers Walker Weeks Witherspoon Young
So, the House refused to table the motion.
The question then recurred to the motion to recommit the Bill to the Committee on Ways and Means, which was agreed to.
Rep. SCOTT 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. 4036 (Word version) -- Reps. Kennedy and Anderson: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE OVERPASS ALONG UNITED
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
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
On motion of Rep. TALLEY, with unanimous consent, the following was taken up for immediate consideration:
H. 4039 (Word version) -- Reps. Talley and Sinclair: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE DORMAN HIGH SCHOOL "LADY CAVALIERS" BASKETBALL TEAM, COACH JOY COUCH, STAFF, AND OTHER SCHOOL OFFICIALS AT A TIME AND DATE TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING AND HONORING THE TEAM ON WINNING THE 2005 STATE CLASS AAAA CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to the Dorman High School "Lady Cavaliers" basketball team, Coach Joy Couch, staff, and other school officials at a time and date to be determined by the Speaker, for the purpose of congratulating and honoring the team on winning the 2005 State Class AAAA Championship.
The Resolution was adopted.
The following was introduced:
H. 4040 (Word version) -- Reps. Cooper and Tripp: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 20 FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 185 (THE SOUTHERN CONNECTOR) IN GREENVILLE COUNTY TO THE BRIDGE THAT CROSSES THE SALUDA RIVER AT THE GREENVILLE-ANDERSON COUNTY LINE THE "SERGEANT JOE R. HOOPER HIGHWAY", AND TO ERECT APPROPRIATE SIGNS OR MARKERS ALONG
The following was introduced:
H. 4041 (Word version) -- Reps. Talley and Sinclair: A CONCURRENT RESOLUTION CONGRATULATING THE DORMAN HIGH SCHOOL "LADY CAVALIERS" BASKETBALL TEAM OF SPARTANBURG ON THEIR STATE CLASS AAAA CHAMPIONSHIP AND HONORING THE PLAYERS AND COACH JOY COUCH ON THIS OUTSTANDING ACCOMPLISHMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. GOVAN, with unanimous consent, the following was taken up for immediate consideration:
H. 4042 (Word version) -- Reps. Govan, Hosey, Ott, Cobb-Hunter, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, 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 EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to the South Carolina State University men's and women's tennis teams, coaches, and staff, at a time and date to be determined by the Speaker, for the purpose of congratulating and honoring the teams on winning the Mid-Eastern Athletic Conference Championships and recognizing Coach Hardeep Judge who swept the coach of the year honors.
The Resolution was adopted.
The following was introduced:
H. 4043 (Word version) -- Reps. Govan, Hosey, Ott, Cobb-Hunter, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, 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,
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 824 (Word version) -- Senator Malloy: A CONCURRENT RESOLUTION TO EXPRESS THE BELIEF OF THE GENERAL ASSEMBLY THAT NASCAR RACING IS AN INTEGRAL AND VITAL PART OF THE STATE OF SOUTH CAROLINA AND ITS ECONOMY AND TO RECOGNIZE THE DARLINGTON RACEWAY AS ONE OF OUR STATE'S MOST TREASURED ATTRACTIONS, AS WELL AS IDENTIFY SOUTH CAROLINA'S RICH NASCAR HISTORY AND ENCOURAGE FUTURE NASCAR EVENTS IN THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 825 (Word version) -- Senators Campsen, Alexander, Anderson, Bryant, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, J. V. Smith, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE THE FAITH AND OPTIMISM OF TROY DRISCOLL AND JOSH LONG IN ENDURING NEARLY A WEEK AT SEA AND TO COMMEND
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4044 (Word version) -- Rep. Ott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-32 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HUNT WATERFOWL IN CALHOUN COUNTY ON CERTAIN PORTIONS OF LAKE MARION WITHIN TWO HUNDRED YARDS OF A RESIDENCE WITHOUT WRITTEN PERMISSION OF THE OWNER AND OCCUPANT AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Rep. OTT asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. DELLENEY objected.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4045 (Word version) -- Rep. Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-8935 SO AS TO PROVIDE THAT THE PARENTS OR LEGAL GUARDIAN OF A MINOR MAY NOT BE HELD CIVILLY OR CRIMINALLY LIABLE FOR THE ACTIONS OF THE MINOR IF THE MINOR HAS BEEN EMANCIPATED BY A COURT OR HAS VOLUNTARILY DISCONTINUED RESIDING WITH THE PARENTS OR LEGAL GUARDIAN.
Referred to Committee on Judiciary
H. 4046 (Word version) -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-580 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL IMPLEMENT A SCHOOL BUS REPLACEMENT CYCLE TO REPLACE APPROXIMATELY ONE-TWELFTH OF THE FLEET EACH YEAR, RESULTING IN A
Rep. W. D. SMITH moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4020 (Word version) -- Rep. Rutherford: A CONCURRENT RESOLUTION TO CONGRATULATE THE BENEDICT COLLEGE GOLF TEAM AND COACH HERMAN D. BELTON FOR CAPTURING THE DIVISION II TITLE AT THE NATIONAL MINORITY COLLEGE GOLF CHAMPIONSHIP.
H. 4025 (Word version) -- Reps. Duncan, M. A. Pitts and Taylor: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE NORMAN M. SCARBOROUGH, PROFESSOR AT PRESBYTERIAN COLLEGE IN CLINTON FOR HIS INVALUABLE CONTRIBUTIONS TO THE BUSINESS COMMUNITY AND FOR BEING NAMED PRESBYTERIAN COLLEGE'S 2005 PROFESSOR OF THE YEAR.
H. 4026 (Word version) -- Reps. Clark and Toole: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. LISA SWICK OF CHAPIN FOR HER SELECTION AS "MRS. SOUTH CAROLINA AMERICA 2004" DURING THE LEGISLATIVE INTERIM AND TO COMMEND HER FOR THE MANNER IN WHICH SHE HAS REPRESENTED SOUTH CAROLINA AND PROMOTED FAMILY VALUES DURING HER REIGN.
At 4:25 p.m. the House, in accordance with the motion of Rep. CATO, adjourned in memory of Robert Morton of Greenville, to meet at 10:00 a.m. tomorrow.
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