Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Psalm 117:2: "For great is his love toward us and the faithfulness of the Lord endures forever."
Let us pray. O Lord our God, guide this body through the mazes of ambition and uncertainty. Grant us the wisdom and the guidance of Your spirit. Bless each of these Representatives and staff as they continue to work for the people. Give them the strength to carry on this vast responsibility You have assigned them. Bestow Your blessings on our Nation, President, State and her leaders. Keep our defenders of freedom in Your safe care. O Lord, hear our prayers. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. HOSEY moved that when the House adjourns, it adjourn in memory of Jasmine Brown of Blackville, which was agreed to.
The House stood in silent prayer for Senior Trooper Jonathan W. Parker who was killed in a car crash in Sumter County.
The following were received and referred to the appropriate committee for consideration:
Document No. 2974
Agency: Workers' Compensation Commission
Statutory Authority: 1976 Code Section 42-3-30
Settlement by Agreement and Final Release; Proof of Compliance, Excess Insurance; Proof of Compliance, Surety Bond; Proof of
Document No. 2978
Agency: Department of Insurance
Statutory Authority: 1976 Code Sections 38-3-110, 38-9-180, 38-63-510, et seq.
Recognition of the 2001 CSO Mortality Table for Use in Determining Minimum Reserve Liabilities and Nonforfeiture Benefits.
Received by Speaker of the House of Representatives
May 16, 2005
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration September 13, 2005 (Subject to Sine Die Revision)
The following was received:
Columbia, S.C., May 12, 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. 778:
S. 778 (Word version) -- Senators Drummond and O'Dell: A BILL TO AMEND SECTION 7-7-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO REVISE AND ADD CERTAIN VOTING PRECINCTS OF GREENWOOD COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 12, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 22:
S. 22 (Word version) -- Senators Knotts, McConnell, Leventis, Sheheen, Hayes, Alexander, Ford, McGill, Williams and Malloy: A BILL TO AMEND SECTION 14-7-1610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGISLATIVE INTENT OF ARTICLE 15, CHAPTER 7, TITLE 14, SO AS TO PROVIDE THAT THERE IS A NEED TO ENHANCE THE GRAND JURY SYSTEM TO IMPROVE THE ABILITY OF THE STATE TO DETECT AND INVESTIGATE VIOLATIONS WHICH RESULT IN HARM TO THE ENVIRONMENT AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, BECAUSE OF ITS UNIQUE QUALIFICATIONS, MUST PLAY A SUBSTANTIAL ROLE IN THE INVESTIGATION OF ANY SUCH ALLEGED ENVIRONMENTAL OFFENSE; AND TO AMEND SECTION 14-7-1630, RELATING TO THE JURISDICTION OF THE STATE GRAND JURY, SO AS TO EXTEND THE SUBJECT MATTER JURISDICTION OF THE STATE GRAND JURY TO INCLUDE WILFUL CRIMINAL VIOLATIONS WHICH RESULT IN HARM TO THE ENVIRONMENT, AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MUST MAKE A FORMAL WRITTEN RECOMMENDATION TO THE ATTORNEY GENERAL AND THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION IN CONSIDERATION OF THE NEED TO IMPANEL A STATE GRAND JURY.
Very respectfully,
President
The Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4092 (Word version) -- Rep. White: A BILL TO AMEND SECTION 40-35-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION AND AUTHORITY OF THE SOUTH CAROLINA BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS, SO AS TO PROVIDE THAT THE COMMISSIONER OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, WHO SERVES EX OFFICIO ON THIS BOARD, SERVES AS A VOTING, RATHER THAN A NONVOTING MEMBER OF THE BOARD.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 4096 (Word version) -- Reps. Clemmons, Barfield, Edge, Hardwick, Hayes, Viers and Witherspoon: A BILL TO AMEND SECTION 7-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN HORRY COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF HORRY COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC REFERENCES.
On motion of Rep. CLEMMONS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4099 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS IN COMPUTING INDIVIDUAL TAXABLE INCOME, SO AS TO PROVIDE A DEDUCTION FOR THE MILES TRAVELED BY A TAXPAYER COMMUTING BY MEANS OF BICYCLING BETWEEN THE TAXPAYER'S PLACE OF RESIDENCE AND PLACE OF EMPLOYMENT, THE AMOUNT OF WHICH DEDUCTION SHALL BE EQUAL TO TEN CENTS PER MILE TRAVELED.
Referred to Committee on Ways and Means
H. 4101 (Word version) -- Reps. Littlejohn, Davenport, Talley, G. M. Smith, Martin, E. H. Pitts, Toole, Haley, Allen, Altman, Anthony, Bailey, Bales, Ballentine, Barfield, Bowers, R. Brown, Cato, Ceips, Chellis, Clemmons, Coates, Cobb-Hunter, Cooper, Delleney, Edge, Frye, Hagood, Hamilton, Hardwick, Harrell, Harrison, Haskins, Herbkersman, Hinson, Hiott, Kirsh, Leach, Lee, Limehouse, Loftis, Lucas, Mahaffey, McCraw, McLeod, Merrill, J. H. Neal, Neilson, Norman, Ott, Owens, Phillips, Pinson, M. A. Pitts, Rhoad, Rice, Rivers, Sandifer, Scarborough, Simrill, Sinclair, D. C. Smith, G. R. Smith, J. R. Smith, Taylor, Thompson, Townsend, Tripp, Vaughn, Viers, Walker, White, Wilkins, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-160 SO AS TO PROVIDE THAT AT LEAST SIXTY-FIVE PERCENT OF THE EDUCATION OPERATIONAL BUDGET OF EACH SCHOOL DISTRICT MUST BE USED FOR CLASSROOM INSTRUCTION AND PROVIDE THAT EACH SCHOOL DISTRICT SHALL REPORT TO THE STATE DEPARTMENT OF EDUCATION THE ACTUAL PERCENTAGE OF ITS EDUCATION OPERATIONAL BUDGET THAT THE SCHOOL DISTRICT USED FOR CLASSROOM INSTRUCTION.
Referred to Committee on Ways and Means
S. 362 (Word version) -- Senators J. V. Smith and McGill: A BILL TO AMEND CHAPTER 50, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES, SO AS TO PROVIDE STANDARDS THE FACULTY OF THE SCHOOL MUST MEET TO TEACH AT THE SCHOOL, TO PROVIDE FOR THE COMPOSITION OF THE BOARD OF DIRECTORS OF THE SCHOOL, TO PROVIDE THAT OUT-OF-STATE OR INTERNATIONAL EXCHANGE STUDENTS SHALL PAY TUITION AS DETERMINED BY THE SCHOOL, TO CHANGE THE CHIEF EXECUTIVE OFFICER FROM THE EXECUTIVE
S. 708 (Word version) -- Senators McConnell, Leatherman, Land, Thomas, Drummond, Alexander and Hawkins: 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.
Referred to Committee on Judiciary
S. 836 (Word version) -- Senator Moore: A BILL TO AMEND JOINT RESOLUTION 210 OF 1987, RELATING TO THE PURCHASE OF NOTES OF THE CLARK'S-HILL RUSSELL AUTHORITY BY THE DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD AND THE INTEREST RATE ON THESE NOTES, SO AS TO PROVIDE THAT THE INTEREST RATE MUST BE DETERMINED PERIODICALLY BY THE STATE TREASURER, RATHER THAN SET AT A RATE OF EIGHT PERCENT PER YEAR.
Referred to Committee on Ways and Means
On motion of Rep. E. H. PITTS, with unanimous consent, the following was taken up for immediate consideration:
H. 4093 (Word version) -- Reps. E. H. Pitts and Haley: A HOUSE RESOLUTION TO COMMEND MARGARET B. MITCHUM OF LEXINGTON COUNTY ON HER OUTSTANDING LEADERSHIP OF MIDWAY ELEMENTARY SCHOOL FOR OVER A DECADE AND TO PROCLAIM MAY 23, 2005, AS "MARGARET B. MITCHUM DAY" IN THE STATE.
Whereas, Margaret B. Mitchum has served with distinction and grace as Principal of Midway Elementary School in Lexington District One since the opening of the school's doors in 1994; and
Whereas, a 1972 graduate of Keenan High School with a Bachelor of Science Degree in Early Childhood Education from Winthrop in 1975, she obtained her Master's Degree from the University of South Carolina in 1977 and has devoted her entire adult life to the noble field of education; and
Whereas, this dedicated educator and administrator began her career in 1976 and taught at Oak Grove Elementary School until 1981; and
Whereas, possessing the gift of administration, Ms. Mitchum went on to serve as Administrative Assistant for Instruction at Red Bank Elementary School from 1981-1986, Assistant Principal for Instruction at Lexington Elementary School from 1986-1992 and at Saxe Gotha Elementary School from 1992-1994, before becoming the first Principal of the new Midway Elementary School in Lexington; and
Whereas, her strength of character and strong Christian faith has made her an example for all of us to follow. Even while working full-time in the Lexington District One School District, she found time to serve for a total of twelve years as the Director of Youth and Children's Ministries at Forest Lake Presbyterian Church and Saxe Gotha Presbyterian Church; and
Whereas, under her leadership, the faculty and staff of Midway Elementary School have consistently demonstrated their commitment to excellence and their love of the students culminating with the school
Whereas, during her career she has earned the love and respect of the children, parents, and teachers alike in Lexington District One. Because of the reputation she has built, sadly she will soon leave Midway Elementary School for a new challenge. Beginning in July of 2005, Ms. Mitchum will devote her time, talents, and energy toward opening and establishing a new elementary school in Lexington District One; and
Whereas, though she will be missed by all those associated with Midway Elementary School, her influence and leadership in overseeing the new school will certainly benefit the citizens of Lexington County and the State as she continues to touch the lives of so many young people in a positive manner; and
Whereas, the beloved wife of husband John D. Mitchum, Margaret Mitchum is also an active member of the Church of the Apostles; and
Whereas, it is with great pleasure that the members of South Carolina House of Representatives pause to honor Margaret B. Mitchum and to recognize her unparalleled service in the field of education, her dedication to the children of Lexington District One, and to wish her well as she takes the helm of another new school to no doubt lead it on to excellence. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, commend Margaret B. Mitchum of Lexington County on her outstanding leadership of Midway Elementary School for over a decade and proclaim May 23, 2005, as "Margaret B. Mitchum Day" in the State.
Be it further resolved that a copy of this resolution be forwarded to Margaret B. Mitchum of Lexington.
The Resolution was adopted.
The following was introduced:
H. 4094 (Word version) -- Rep. Perry: A CONCURRENT RESOLUTION COMMENDING THE TOGETHER RX ACCESS PROGRAM AND ENCOURAGING SOUTH CAROLINA'S LEGISLATORS TO EDUCATE CONSTITUENTS ABOUT THE PROGRAM.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4095 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE THE COLUMBIA AREA MENTAL HEALTH CENTER FOR ITS OUTSTANDING COMMITMENT TO THE BETTERMENT OF THE LIVES OF MENTALLY ILL SOUTH CAROLINIANS AND TO CONGRATULATE IT ON BEING NAMED THE 2002 AND 2004 NATIONAL ALLIANCE FOR THE MENTALLY ILL COMMUNITY MENTAL HEALTH CENTER OF THE YEAR.
The Resolution was adopted.
The following was introduced:
H. 4097 (Word version) -- Rep. Littlejohn: A HOUSE RESOLUTION TO CONGRATULATE THE BROOME HIGH SCHOOL TRACK AND FIELD TEAM OF SPARTANBURG COUNTY ON THEIR STATE AA TRACK AND FIELD CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM MEMBERS AND THEIR COACH, SKIP FRYE, ON THEIR EXCEPTIONAL SEASON.
The Resolution was adopted.
On motion of Rep. LITTLEJOHN, with unanimous consent, the following was taken up for immediate consideration:
H. 4098 (Word version) -- Rep. Littlejohn: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE COACHES AND TEAM MEMBERS OF THE BROOME HIGH SCHOOL TRACK AND FIELD TEAM OF SPARTANBURG COUNTY ON MAY 18, 2005, AT A TIME TO BE DETERMINED BY THE SPEAKER, TO HONOR AND CONGRATULATE THEM ON THEIR WINNING THE STATE AA TRACK AND FIELD CHAMPIONSHIP TITLE.
Be it resolved by the House of Representatives:
That the members of the House of Representatives extend the privilege of the floor to the coaches and team members of the Broome High School Track and Field Team of Spartanburg County on May 18, 2005, at a time to be determined by the Speaker, to honor and congratulate them on their winning the State AA Track and Field Championship title.
The Resolution was adopted.
On motion of Rep. CLYBURN, with unanimous consent, the following was taken up for immediate consideration:
H. 4102 (Word version) -- Rep. Clyburn: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives of the State of South Carolina is extended to the Wardlaw Academy "Patriots" Basketball Team of Edgefield County, Head Coach Dennis Gibson, and other school officials at a date and time to be determined by the Speaker, for the purpose of congratulating and honoring the team on their State South Carolina Independent School Association Class A Basketball State Championship.
The Resolution was adopted.
The following was introduced:
H. 4103 (Word version) -- Rep. Clyburn: A CONCURRENT RESOLUTION CONGRATULATING THE WARDLAW ACADEMY "PATRIOTS" BASKETBALL TEAM OF EDGEFIELD COUNTY ON THEIR IMPRESSIVE WIN OF THE 2005 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS A STATE CHAMPIONSHIP TITLE, AND HONORING THE PLAYERS AND HEAD COACH DENNIS GIBSON ON THEIR OUTSTANDING SEASON.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. DELLENEY, with unanimous consent, the following was taken up for immediate consideration:
S. 751 (Word version) -- Senators McConnell, Moore and Ritchie: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 25, 2005, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 12, WHOSE TERM EXPIRES JUNE 30, 2008; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE SIXTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2007.
Be it resolved by the Senate, the House of Representatives concurring:
That the Senate and the House of Representatives shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, May 25, 2005, at 12:00 noon to elect a successor to the Honorable James E. Brogdon, Jr., Judge of the Circuit Court, At-Large Seat 12, whose term expires June 30, 2008; and to elect a successor to the Honorable Brooks P. Goldsmith, Judge of the Family Court for the Sixth Judicial Circuit, Seat 1, whose term expires June 30, 2007.
Be it further resolved that all nominations must be made by the Chairman of the Judicial Merit Selection Commission and that no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 842 (Word version) -- Senator Cromer: A CONCURRENT RESOLUTION TO RECOGNIZE SPRINGFIELD PLACE RETIREMENT COMMUNITY FOR ITS CONTRIBUTIONS TO NEWBERRY COUNTY AND TO ACKNOWLEDGE THE IMPORTANCE OF
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Allen Altman Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Edge Emory Frye Funderburk Hagood Haley Hamilton Hardwick Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey McCraw McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott 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 White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Tuesday, May 17.
Jerry Govan Robert Harrell Jeffrey D. Duncan Brenda Lee
The SPEAKER granted Rep. MARTIN a leave of absence for the week to attend the Kennedy School of Government at Harvard University.
The SPEAKER granted Rep. OWENS a leave of absence for the day due to family medical reasons.
The SPEAKER granted Rep. HARVIN a leave of absence for the week due to illness.
Announcement was made that Dr. Jim McCoy of North Charleston is the Doctor of the Day for the General Assembly.
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
Bill Number: H. 4047 (Word version)
Date: ADD:
05/17/05 CEIPS
Bill Number: H. 3407 (Word version)
Date: ADD:
05/17/05 NEILSON
Bill Number: H. 3703 (Word version)
Date: ADD:
05/17/05 LEACH
Bill Number: H. 4047 (Word version)
Date: ADD:
05/17/05 M. A. PITTS
Bill Number: H. 3012 (Word version)
Date: REMOVE:
05/17/05 TOOLE
Rep. LITTLEJOHN moved to adjourn debate upon the following Bill, which was adopted:
H. 4086 (Word version) -- Rep. Hayes: A BILL TO ENACT THE DILLON COUNTY SCHOOL FACILITIES FINANCING ACT SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 573 (Word version) -- Senators McConnell, Verdin, Rankin, Courson, Elliott and Ford: A BILL TO AMEND SECTION 1-3-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFICERS WHO MAY BE REMOVED BY THE GOVERNOR FOR CAUSE, SO AS TO ADD THE DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY; TO AMEND SECTION 15-78-60, RELATING TO GOVERNMENTAL IMMUNITY, SO AS TO PROVIDE THAT THE PUBLIC SERVICE AUTHORITY IS NOT LIABLE FOR CERTAIN LOSSES RESULTING FROM CONDUCT OF A DIRECTOR OF THE AUTHORITY; TO AMEND SECTION 15-78-70, RELATING TO THE LIABILITY OF A GOVERNMENTAL EMPLOYEE, SO AS TO PROVIDE THAT A DIRECTOR OF THE PUBLIC SERVICE AUTHORITY IS NOT IMMUNE FROM LIABILITY FOR CERTAIN CONDUCT AND TO PROVIDE THAT THE INSURANCE RESERVE FUND IS PROHIBITED FROM PROVIDING INSURANCE COVERAGE FOR THAT INDIVIDUAL LIABILITY; TO AMEND SECTION 58-3-530, RELATING TO THE DUTIES AND FUNCTIONS OF THE STATE REGULATIONS OF PUBLIC UTILITIES REVIEW COMMITTEE, SO AS TO ADD THE DUTY TO SCREEN CANDIDATES FOR THE BOARD OF DIRECTORS OF THE PUBLIC SERVICE AUTHORITY; TO AMEND SECTION 58-31-20, RELATING TO THE BOARD OF DIRECTORS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO SET FORTH QUALIFICATIONS AND REQUIREMENTS FOR DIRECTORS AND TO PROVIDE FOR THE SCREENING OF DIRECTORS; TO AMEND SECTION 58-31-30, AS AMENDED, RELATING TO THE POWERS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO PROHIBIT THE AUTHORITY
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 535 (Word version) -- Senators Hutto, Moore, Ryberg, Richardson and Pinckney: A BILL TO AMEND SECTION 50-13-237, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HARVEST OF STRIPED BASS AND STRIPED BASS HYBRIDS IN PORTIONS OF THE SAVANNAH RIVER, SO AS TO MAKE IT UNLAWFUL TO POSSESS MORE THAN TWO STRIPED BASS, STRIPED BASS HYBRIDS, WHITE BASS, OR ANY COMBINATION OF THESE SPECIES IN CERTAIN PORTIONS OF THE SAVANNAH RIVER AND TO PROVIDE THAT ANY LAWFUL POSSESSED FISH OF EACH OF THESE SPECIES MUST BE A MINIMUM OF TWENTY-SEVEN INCHES IN TOTAL LENGTH; AND TO REPEAL SECTION 50-13-120 RELATING TO NO SIZE LIMITS ON CERTAIN FRESH WATER FISH.
Rep. RHOAD explained the Bill.
S. 291 (Word version) -- Senators Gregory and Knotts: A BILL TO AMEND SECTION 50-9-510, AS AMENDED, CODE OF LAWS OF SOUTH
Rep. RHOAD explained the Bill.
S. 289 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-2420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMERCIAL FUR LICENSES, SO AS TO INCREASE THE LICENSE FEES; TO AMEND SECTION 50-11-2460, AS AMENDED, RELATING TO THE TRAPPING OF FURBEARERS, SO AS TO FURTHER PROVIDE FOR THE TYPES OF TRAPS WHICH MAY BE USED; TO AMEND SECTION 50-11-2475, AS AMENDED, RELATING TO A FUR PROCESSOR'S LICENSE, SO AS TO FURTHER PROVIDE FOR THOSE PERSONS WHO ARE REQUIRED TO OBTAIN A LICENSE AND FOR THOSE WHO ARE NOT; TO AMEND SECTION 50-11-2480, AS AMENDED, RELATING TO PERSONS WHO ARE NOT REQUIRED TO OBTAIN A FUR BUYER'S LICENSE, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 50-11-2490, AS AMENDED, RELATING TO FUR BUYERS AND PROCESSORS REQUIRED TO KEEP A DAILY REGISTER, SO AS TO FURTHER PROVIDE FOR THOSE PERSONS REQUIRED TO KEEP SUCH A REGISTER AND THE CONTENTS OF THE REGISTER; TO AMEND SECTION 50-11-2510, AS AMENDED, RELATING TO THE TAGGING OF BOBCAT AND OTTER FURS, PELTS, AND HIDES AND THE ISSUANCE AND FEES FOR THOSE TAGS, SO AS TO REVISE THOSE PERSONS REQUIRED TO HAVE SUCH A TAG AND THE FEES AND PROCEDURES FOR THOSE TAGS; TO AMEND SECTION 50-11-2515, AS AMENDED, RELATING TO THE UNLAWFUL TRAFFICKING IN FURS OR FURBEARING ANIMALS, SO AS TO FURTHER PROVIDE FOR THE ELEMENTS OF THIS OFFENSE; TO AMEND SECTION 50-11-2540, AS AMENDED, RELATING TO THE COMMERCIAL TRAPPING SEASON FOR FURBEARING ANIMALS, SO AS TO REVISE THE LENGTH OF THIS SEASON; TO AMEND SECTION 50-11-2560, AS AMENDED, RELATING TO THE PENALTIES FOR VIOLATING THE PROVISIONS OF CERTAIN FUR AND FURBEARING PROVISIONS OF LAW, SO AS TO FURTHER PROVIDE FOR THOSE PROVISIONS TO
Rep. RHOAD explained the Bill.
S. 738 (Word version) -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO DESIGNATION OF PLANT PEST, DESIGNATED AS REGULATION DOCUMENT NUMBER 2939, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. FRYE explained the Joint Resolution.
The following Joint Resolution was taken up:
S. 184 (Word version) -- Senators Leatherman, Grooms, Mescher, Williams and McGill: A JOINT RESOLUTION TO CREATE THE FRANCIS MARION TRAIL COMMISSION TO ESTABLISH A HERITAGE AND TOURISM TRAIL HONORING FRANCIS MARION'S REVOLUTIONARY CAMPAIGNS AND TO ESTABLISH THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20510SD05), which was adopted:
Amend the joint resolution, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. The commission shall consist of the following nine members:
(1) the Director of the Department of Parks, Recreation and Tourism or his designee, ex officio;
(2) the President of Francis Marion University or his designee, ex officio;
(3) the President of the Berkeley County Historical Society or his designee, ex officio;
(4) the President of the Colleton County Historical Society or his designee, ex officio;
(5) one member appointed by the President Pro Tempore of the Senate;
(6) one member appointed by the Speaker of the House;
(7) one member appointed by the Chairman of the Senate Finance Committee;
(8) one member appointed by the Chairman of the House Ways and Means Committee; and
(9) one member appointed by the Governor.
The members of the commission shall serve terms of four years and until their successors are appointed and qualify. Vacancies must be filled in the same manner as original appointment for the remainder of the unexpired term. The commission shall elect one of its members to serve as chairman for a term of two years. Commission members are not entitled to receive the subsistence, mileage, and per diem otherwise provided by law for members of state boards, committees, and commissions. /
Renumber sections to conform.
Amend title to conform.
Rep. RHOAD explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 618 (Word version) -- Senators Alexander, Setzler, Short, Verdin and Knotts: A BILL TO ENACT THE STATE RETIREMENT SYSTEM PRESERVATION AND INVESTMENT REFORM ACT BY AMENDING SECTION 9-1-1790, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EARNING LIMIT APPLICABLE TO RETIRED MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO RETURN TO COVERED EMPLOYMENT, SO AS TO REQUIRE THESE MEMBERS TO PAY THE EMPLOYEE CONTRIBUTION FOR
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22171HTC05):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ Section 1. Section 8-11-40 of the 1976 Code, as last amended by Act 295 of 2004, is further amended by adding a new subsection at the end to read:
"(D) A retired member of the South Carolina Retirement System who is hired by an agency to fill all or some fraction of a full-time equivalent (FTE) position is allowed fifteen working days sick leave each calendar year for use during the calendar year. Such an employee hired after the beginning of a calendar year is allowed a pro-rata share of sick leave at the rate of one and one-fourth working days leave for each full month remaining in the calendar year. A retired member of the South Carolina Retirement System who is granted sick leave according to this subsection may not carry over sick leave into future years."
SECTION 2. Section 8-11-610 of the 1976 Code is amended by adding a new paragraph at the end to read:
"A retired member of the South Carolina Retirement System who is hired by an agency to fill all or some fraction of a full-time equivalent (FTE) position is allowed fifteen working days annual leave each calendar year for use during the calendar year. Such an employee who is hired after the beginning of a calendar year is allowed a pro-rata share of annual leave at the rate of one and one-fourth working days leave for each full month remaining in the calendar year. An employee allowed annual leave pursuant to this paragraph may not carry over annual leave into future years."
SECTION 3. Section 8-11-620(A) of the 1976 Code, as last amended by Act 356 of 2002, is further amended to read:
"(A)(1) Upon termination from state employment, an employee may take both annual leave and a lump-sum payment for unused leave, but in no event shall such this combination may not exceed forty-five days in a calendar year except as provided for in Section 8-11-610. If an employee dies, his the employee's legal representative shall be is entitled to a lump-sum payment for his the employee's unused leave,
(2) Upon retirement from state employment, or upon the death of an employee if the member does not elect to participate in the Teacher and Employee Retention Incentive Program, a lump-sum payment will be made must be paid for unused leave, not to exceed forty-five days, unless a higher maximum is approved under the provisions of pursuant to Section 8-11-610, and without regard to the earned leave taken during the calendar year in which the employee retires.
(3) Upon retirement from state employment, if the employee participates in the Teacher and Employee Retention Incentive Program, the employee shall not receive payment for unused annual leave until the employee terminates from state employment and ends participation in the Teacher and Employee Retention Incentive Program. Upon termination of state employment and participation in the Teacher and Employee Retention Incentive Program, a lump-sum must be paid for unused leave, not to exceed forty-five days, unless a higher maximum is approved pursuant to Section 8-11-610, and without regard to the earned leave taken during the calendar year in which the employee retires."
SECTION 4. A. Items (14), (15), and (16) of Section 8-17-370 of the 1976 Code, as last amended by Act 356 of 2002, are further amended to read:
"(14) employees of the Medical University Hospital Authority, provided the Medical University Hospital Authority has promulgated an employee grievance plan in accordance with its enabling provision; and
(15) presidents of the South Carolina Technical College System.;
(16) a retired member of the South Carolina Police Officers Retirement System or a retired member of the South Carolina Retirement System who is hired by an agency to fill all or some fraction of a full-time equivalent (FTE) position covered by the State Employee Grievance Procedure Act; and"
B. Section 8-17-370 of the 1976 Code, as last amended by Act 356 of 2002, is further amended by adding a new item at the end to read:
"(17) notwithstanding the provisions of Section 9-1-2210(E), any participant in the Teacher and Employee Retention Incentive Program."
"The rates of the deductions must be, without regard to a member's coverage under the Social Security Act, as follows: in the case of Class One members, five percent of earnable compensation and, in the case of Class Two members, six percent of earnable compensation. The rates of the deductions, without regard to a member's coverage under the Social Security Act, must be the percentage of earnable compensation as provided in the following schedule:
Class One Class Two
Before July 1, 2005 5 6
July 1, 2005 through
June 30, 2006 5.25 6.25
After June 30, 2006 5.50 6.50"
SECTION 6. A. Article 9, Chapter 1, Title 9 of the 1976 Code is amended by adding:
"Section 9-1-1175. Effective July 1, 2006, the board shall increase the employer contribution rate for the system by one-half percent of the earnable compensation of all members employed by an employer participating in the system. The board shall further increase the employer contribution rate by one-half percent effective July 1, 2007. The employer rate provided in this section also applies to payments for unused annual leave under the circumstances provided in Section 9-1-1020. The employer rate provided in this section includes the system's normal contribution rate and accrued liability contribution rate, but does not include contributions for group life insurance or other benefits that are remitted to the retirement systems. Contributions for group life insurance or other benefits are in addition to the applicable employer contribution rate. After June 30, 2007, the board, in its discretion, may increase or decrease the employer contribution rate set by this section based on the actuarial valuation provided to the board by the system's actuaries and considering the normal contribution rate determined pursuant to Section 9-1-1060 and the accrued liability contribution rate determined pursuant to Section 9-1-1070."
B. Section 9-20-50 of the 1976 Code, as amended by Act 54 of 2001, is further amended to read:
"Section 9-20-50. Each participant shall contribute monthly to the program the same amount he would be required to contribute to the South Carolina Retirement System if the participant were a member of
(1) participant education regarding the merits and risks associated with selection of defined contribution plans versus defined benefit plans;
(2) on-going investment education, where appropriate;
(3) recordkeeping; and
(4) monitoring contract compliance."
C. Sections 9-1-1200 and 9-1-1220 of the 1976 Code are repealed.
SECTION 7. Section 9-1-1770 of the 1976 Code, as last amended by Act 1 of 2001, is further amended to read:
"Section 9-1-1770. (A) Effective July 1, 1968, There shall be is created the Preretirement Death Benefit Program, which shall be effective as of that date to for all employers under the system except counties, municipalities, and other political subdivisions, as well as those and those state departments, agencies, or other institutions which pay directly to the system the total employer contributions for the participating members in their employ.
(B) The program shall be is available to those employers exempted in the preceding paragraph subsection (A) by written application of such the employer. An application shall be is an irrevocable commitment to participate under the program. For applications received by the System prior to October 1, 1968, the
(C)(1) Upon receipt of proof, satisfactory to the board, of the death of: (a) a contributing member in service who had completed at least one full year of membership in the system or of the death of a contributing member as a result of an injury arising out of and in the course of the performance of his duties regardless of length of membership, as of the effective date of his employer's participation, or (b) a retired contributing member of the system, there must be paid to the person he nominated for the refund of his accumulated contributions, unless he has nominated a different beneficiary by written designation filed with the board, in the event of his death pursuant to Section 9-1-1650, if the person is living at the time of the member's death, otherwise to the member's estate, a death benefit equal to the annual earnable compensation of the member at the time his death occurs. The death benefit is payable apart and separate from the payment of the member's accumulated contributions on his death pursuant to Sections 9-1-1650 or 9-1-1660.
(2) For purposes of this section subsection, a member described in item (1)(a) is considered to be in service at the date of his death if the last day the member was employed in a continuous, regular pay status, while earning regular or unreduced wages and regular or unreduced retirement service credit, whether the member was physically working on that day or taking continuous accrued annual leave or sick leave while receiving a full salary, occurred not more than ninety days before the date of his death and he has not retired.
(3) For purposes of this subsection, a member described in (1)(b) is considered a retired contributing member if the last day the member was employed in a continuous, regular pay status, while earning regular or unreduced wages and paying retirement system contributions whether the member was physically working on that day or taking continuous accrued annual leave or sick leave while receiving a full salary, occurred not more than ninety days before the date of his death.
(D) The board is authorized to may take such the action as may be necessary to provide the death benefit under this section in the form of group life insurance upon a determination that to do so would guarantee a more favorable tax treatment of the benefit to beneficiaries to whom such the benefit is payable.
(E) Upon the death of a retired member who is not a retired contributing member after December 31, 2000, there must be paid to the designated beneficiary or beneficiaries, if living at the time of the retired member's death, otherwise to the retired member's estate, a life insurance benefit of one two thousand dollars if the retired member had ten years of creditable service but less than twenty years, two four thousand dollars if the retired member had twenty years of creditable service but less than twenty-eight, and three six thousand dollars if the retired member had at least twenty-eight years of creditable service at the time of retirement, provided if the retired member's most recent employer, prior to before the member's retirement, is covered by the Group Life Insurance Program.
Upon the death of a retired member after June 30, 2000, the life insurance benefit otherwise due the member's beneficiary, beneficiaries, or estate under the above paragraph is increased as follows: one thousand dollars is increased to two thousand dollars, two thousand dollars is increased to four thousand dollars, and three thousand dollars is increased to six thousand dollars."
SECTION 8. Section 9-1-1790 of the 1976 Code, as last amended by Act 25 of 2001, is further amended to read:
"Section 9-1-1790. (A) A retired member of the system who has been retired for at least sixty fifteen consecutive calendar days may be hired and return to employment covered by the this system or any other system provided in this title and earn up to fifty thousand dollars a fiscal year without affecting the monthly retirement allowance he is receiving from the system. If the retired member continues in service after having earned fifty thousand dollars in a fiscal year, his retirement allowance must be discontinued during his period of service in the remainder of the fiscal year. If the employment continues for at least forty-eight consecutive months, the provisions of Section 9-1-1590 apply. If a retired member of the system returns to employment covered by the this system or any other system provided in this title sooner than sixty fifteen days after retirement, the member's retirement allowance is suspended while the member remains employed by the participating employer. If an employer fails to notify the system of the engagement of a retired member to perform services, the employer shall reimburse the system for all benefits wrongly paid to the retired member.
(B) An employer shall pay to the system the employer contribution for active members prescribed by law with respect to any retired member engaged to perform services for the employer,
(C) A retired member shall pay to the system the employee contribution as if the member were an active contributing member if an employer participating in the system employs the retired member. The retired member does not accrue additional service credit in the system by reason of the contributions required pursuant to this subsection and subsection (B) of this section."
SECTION 9. Section 9-1-1810 of the 1976 Code, as last amended by Act 1 of 2001, is further amended to read:
"Section 9-1-1810. (A) As of the end of each calendar year, the increase in the ratio of the Consumer Price Index to the index as of the prior December thirty-first must be determined,. and
(B)(1) If the increase equals or exceeds four Consumer Price Index as determined pursuant to subsection (A) of this section increases by no more than one percent, the retirement allowance, inclusive of the supplemental allowances payable under the provisions of Sections 9-1-1910, 9-1-1920, and 9-1-1930, of each beneficiary in receipt of an allowance must be increased by four percent. If the increase in the index is less than four percent, the retirement allowance, inclusive of supplemental allowances, all as determined above, must be increased by a percentage equal to the increase in the index.
(2) If the Consumer Price Index as determined pursuant to subsection (A) of this section increases by more than one percent, then:
(a) the retirement allowance of each beneficiary in receipt of an allowance, inclusive of the supplement allowances payable under the provisions of Sections 9-1-1910, 9-1-1920, and 9-1-1930, must be increased by one percent; and
(b) the retirement allowance may be further increased beyond one percent up to the lesser of the total percentage increase in the Consumer Price Index or four percent, to the extent that the additional liabilities because of the increase in allowances would not extend the amortization period to liquidate the unfunded actuarial accrued liability of the South Carolina Retirement System beyond thirty years.
(C) The increase in retirement allowances commences the July first immediately following the December thirty-first that the increase in ratio was determined, and all increases in retirement allowances
(D) The allowance of a surviving annuitant of a beneficiary whose allowance is increased under this section must, when and if payable, be increased by the same percent.
(E) For purposes of this section, 'Consumer Price Index' means the Consumer Price Index for Wage Earners and Clerical Workers, as published by the United States Department of Labor, Bureau of Labor Statistics."
SECTION 10. Section 9-1-2210 of the 1976 Code, as added by Act 1 of 2001, is further amended to read:
"Section 9-1-2210. (A) An active contributing member who is eligible for service retirement under this chapter and complies with the requirements of this article may elect to participate in the Teacher and Employee Retention Incentive Program (program). A member electing to participate in the program retires for purposes of the system, and the member's normal retirement benefit is calculated on the basis of the member's average final compensation and service credit at the time the program period begins. The program participant shall agree to continue employment with an employer participating in the system for a program period, not to exceed five years. The member shall notify the system before the beginning of the program period. Participation in the program does not guarantee employment for the specified program period.
(B) After June 30, 2005, and notwithstanding the provisions of Section 9-1-10(4), a payment for unused annual leave is not included in calculating a member's deferred program benefit during the program period. The member's average final compensation for the purpose of calculating the deferred program retirement benefit must be solely the average of the member's highest twelve consecutive quarters of earnable compensation at the time the member enters the program. During the specified program period, receipt of the member's normal retirement benefit is deferred. The member's deferred monthly benefit must be placed in the system's trust fund on behalf of the member. No
(C) During the specified program period, the employer shall pay to the system the employer contribution for active members prescribed by law with respect to any program participant it employs, regardless of whether the program participant is a full-time or part-time employee, or a temporary or permanent employee. The program participant shall pay to the system the employee contribution as if the program participant were an active contributing member, but the program participant does not accrue additional service credit in the system for these employer and employee contributions. If an employer who is obligated to the system pursuant to this subsection fails to pay the amount due, as determined by the system, the amount must be deducted from any funds payable to the employer by the State.
(D) A program participant is retired from the retirement system as of the beginning of the program period. A program participant makes no further employee contributions to the system, accrues no service credit during the program period, and is not eligible to receive group life insurance benefits or disability retirement benefits. Accrued annual leave and sick leave used in any manner in the calculation of the program participant's retirement benefit is deducted from the amount of such leave accrued by the participant.
(E) A program participant is retired for retirement benefit purposes only. For employment purposes, a program participant is considered to be an active employee, retaining all other rights and benefits of an active employee except for grievance rights pursuant to Section 8-17-370, and is not subject to the earnings limitation of Section 9-1-1790 during the program period.
(F) Upon termination of employment either during or at the end of the program period, the member must receive the balance in the member's program account by electing one of the following distribution alternatives:
(1) a lump-sum distribution, paying appropriate taxes; or
(2) to the extent permitted under law, a tax sheltered rollover into an eligible plan.
For members who began participation in the program before July 1, 2005, the member also must receive the previously determined normal retirement benefits based upon the member's average final compensation and service credit at the time the program period began, plus any applicable cost of living increases declared during the
Upon termination of employment of members who began participation in the program after June 30, 2005, the Retirement Systems shall recalculate the average final compensation of the member to determine the benefit the member receives after participation in the program. the average final compensation calculated at the commencement of the program must be increased by an amount up to and including forty-five days' termination pay for unused annual leave received by the member at termination of employment, divided by three. The member's benefit after participation in the program must be calculated in accordance with Section 9-1-1550, utilizing the recalculated average final compensation determined in this subsection, and the member's service credit, including sick leave, as of the date the member began participation in the program, plus any cost-of-living increases declared during the program period with respect to the amount of the member's deferred program benefit.
(G) If a program participant dies during the specified program period, the member's designated beneficiary must receive the balance in the member's program account by electing one of the following distribution alternatives:
(1) a lump-sum distribution, paying appropriate taxes; or
(2) to the extent permitted under law, a tax sheltered rollover into an eligible plan.
In accordance with the form of system benefit selected by the member at the time the program commenced, the member's designated beneficiary must receive either a survivor benefit or a refund of contributions from the member's system account.
If a program participant who began participation in the program before July 1, 2005, elected either Option B or Option C under Section 9-1-1620, the average final compensation calculated when the member commenced the program must be used in determining the survivor benefit.
If a program participant who began participation in the program after June 30, 2005, elected either Option B or C under Section 9-1-1620, then the designated survivor beneficiary shall receive a survivor benefit based on a recalculated average final compensation. The average final compensation calculated at the commencement of the program must be increased by an amount up to and including forty-five days termination pay for unused annual leave received by the member's legal representative at the member's death, divided by three.
(H) If a program participant fails to terminate employment with an employer participating in the retirement system within one month after the end of the specified program period, the member must receive the previously determined normal retirement benefits based upon the member's average final compensation and service credit at the time the program began, plus any applicable cost of living increases declared during the program period. The program participant is thereafter subject to the earnings limitation of Section 9-1-1790. The program participant also must receive the balance in the member's program account by selecting one of the following alternatives:
(1) a lump-sum distribution, paying appropriate taxes; or
(2) to the extent permitted under law, a tax sheltered rollover into an eligible plan.
A program participant shall terminate employment no later than the day before the fifth annual anniversary of the date the member commenced participation in the program.
(I) A member is not eligible to participate in the program if the member has participated previously in and received a benefit under this program or any other state retirement system. "
SECTION 11. Section 9-16-90 of the 1976 Code, as added by Act 371 of 1998, is amended by adding a new subsection at the end to read:
"(C) the panel and the Office of the State Treasurer jointly and not less than quarterly shall report to the board on the status of the investments of the retirement system."
SECTION 12. A. Section 9-16-320(A) of the 1976 Code, as added by Act 371 of 1998, is amended to read:
"(A) The panel shall develop an annual investment plan for the retirement systems for the next fiscal year. The panel shall submit a draft of the annual investment plan to the State Treasurer for review and comment no later than April thirtieth of each year. The comments of the State Treasurer must be delivered directly to the other board members on or before the date the approval of the annual investment plan is on the board's agenda. The panel shall meet no later than May first fifteenth of each year to adopt the proposed annual investment
"(1) the target allocation of system assets between equity investments and fixed-income investments. The target allocation to either equity or fixed-income investments may not exceed sixty percent of system assets. Appreciation of either the equity or fixed-income assets above sixty percent of system assets does not require an immediate reduction in allocation; however, the actual allocation to either equity or fixed income may not exceed the target allocation by more than five percent at the start of any fiscal year; the minimum and maximum portions of system assets that may be allocated to equity investments on an ongoing basis not to exceed forty percent and the minimum and maximum portions of system assets not to exceed ten percent that may be allocated to additional equity investment during the plan fiscal year. When investments in equities attain the maximum allocation allowed by this item, up to forty percent of current member and employer contributions to the retirement system may be invested in equities. If, due to growth in value of equity investments, equity investments exceed forty percent of the total assets of the retirement system, this subsection does not require the sale of equities to reduce the percentage of equities to forty percent;"
C. Notwithstanding the general effective date of this act, this section takes effect upon approval of this act by the Governor. Following the effective date of this section, the State Retirement Systems Investment Panel shall develop an amendment to the annual investment plan for submission to the State Budget and Control Board for implementing the revised limits provided pursuant to this section.
SECTION 13. Article 3, Chapter 16, Title 9 of the 1976 Code is amended by adding:
"Section 9-16-315. The Retirement and Pre-Retirement Advisory Board shall elect from its membership a retired member of the South Carolina Retirement System to serve as an advisor to the State Retirement Systems Investment Panel. In addition, the State Budget and Control Board shall select an active member of the South Carolina Retirement System to serve as an advisor to the panel. Before making its selection, the board shall solicit input from those organizations
"Section 9-16-345. In hiring and procurement in the implementation and administration of this chapter, and consistent with its duties as trustee and fiduciary under this title, the board shall strive to assure that minorities and minority-owned businesses are represented."
SECTION 15. A. Section 9-1-10(17) of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:
"(17) [Reserved] 'Medical board' means the board of physicians provided for in Section 9-1-220."
b. Section 9-9-10 of the 1976 Code is amended by deleting item (16) which reads:
"(16) 'Medical board' shall mean the board of physicians provided for in Section 9-9-35. "
C. Section 9-11-10(18) of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:
"(18) [Reserved] 'Medical board' means the board provided for in Section 9-11-30(2)."
D. Section 9-11-30(2) of the 1976 Code is amended to read:
"(2) [Reserved] The Board shall designate a medical board to be composed of three physicians who are not members of the System. If required, other physicians who are not members of the System may be employed to report on special cases. The medical board shall arrange for and pass upon all medical examinations required under the System, shall investigate all essential statements and certificates by or on behalf of a member in connection with an application for disability retirement, and shall report in writing to the Board its conclusions and recommendations upon all matters referred to it."
E. Sections 9-1-220 and 9-9-35 of the 1976 Code are repealed.
F. In Title 9 of the 1976 Code, wherever the phrase 'medical board' or any variant of 'medical board' appears, it must be construed to mean the 'system' unless the context clearly requires otherwise. The Code Commissioner shall replace the reference in future code supplements and replacement volumes as the Code Commissioner determines appropriate.
Rep. KIRSH explained the amendment.
Rep. KIRSH continued speaking.
Rep. E. H. PITTS moved to adjourn debate on the Bill until Wednesday, May 18.
Rep. HAYES moved to table the motion, which was agreed to by a division vote of 56 to 13.
Reps. E. H. PITTS, BINGHAM, MERRILL, PARKS, UMPHLETT, TOOLE, HUGGINS, OTT, COTTY, VICK, COOPER, BOWERS, G. R. SMITH, YOUNG, KIRSH and CHELLIS requested debate on the Bill.
The following Bill was taken up:
S. 204 (Word version) -- Senator J. V. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-150-375 SO AS TO PROVIDE THAT CERTAIN VISUAL OR HEARING IMPAIRED STUDENTS MAY RECEIVE STATE SCHOLARSHIP FUNDS TO ATTEND CERTAIN OUT-OF-STATE INSTITUTIONS.
Rep. HINSON explained the Bill.
Rep. DAVENPORT moved to adjourn debate on the Bill until Wednesday, May 18, which was agreed to.
The following Bill was taken up:
H. 3841 (Word version) -- Reps. Talley, Bowers, Cotty, Clark, Chellis, Martin, Skelton, Davenport, McGee, Altman, Bailey, Brady, Harrison,
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20508SD05), which was adopted:
Amend the bill, as and if amended, in SECTION 1, by adding after /Retail/ line 28, page 1, and on line 31, page 1, by adding /or Wholesale/ and by adding after /retail/ on line 35, page 1; line 37, page 1; line 40, page 1; line 42, page 1; line 4, page 2; and line 29, page 2 /or wholesale/.
Amend further, as and if amended, in Section 6-34-30(2) of the 1976 Code, as contained in SECTION 1, by adding after /site/ on line 28, page 2, /of at least one hundred thousand square feet/ and by striking /one hundred thousand/ on line 30, page 2, and inserting /fifty thousand /;
Amend further, as and if amended, by striking /Commerce/ on line 33, page 4, and inserting /Revenue/;
Amend further, as and if amended, by striking subsection (E) of Section 6-34-40 of the 1976 Code, as contained in SECTION 1, which begins on line 40, page 4, in its entirety.
When amended, Chapter 34 of Title 6 of the 1976 Code as contained in SECTION 1 shall read:
Section 6-34-10. This chapter is known and may be cited as the 'South Carolina Retail or Wholesale Facilities Revitalization Act'.
Section 6-34-20. (A) The primary purpose of this chapter is to create a meaningful incentive for the renovation, improvements, and redevelopment of abandoned retail or wholesale facility sites located in South Carolina.
(B) The abandonment of retail or wholesale facility sites has resulted in the disruption of communities and increased the cost to
(C) There exists in many communities of this State abandoned retail or wholesale facilities. The stable economic and physical development of these areas is endangered by the presence of these abandoned facilities as manifested by progressive and advanced deterioration of structures. As a result of the existence of these abandoned facilities, there is an excessive and disproportionate expenditure of public funds, inadequate public and private investment, unmarketability of property, growth in delinquencies, and crime in the areas together with an abnormal exodus of families and businesses so that the decline of these areas impairs the value of private investments and threatens the sound growth and the tax base of taxing districts in the areas, and threatens the health, safety, morals, and welfare of the public. To remove and alleviate these adverse conditions, it is necessary to encourage private investment and restore and enhance the tax base of the taxing districts in the areas by the redevelopment of these abandoned facilities.
Section 6-34-30. For the purposes of this chapter, unless the context requires otherwise:
(1) 'Abandoned' means that at least eighty percent of the facilities of the eligible site has been continuously closed to business or otherwise nonoperational for a period of at least one year immediately preceding the time at which the determination is to be made.
(2) 'Eligible site' means a shopping center, mall, or free standing site of at least one hundred thousand square feet that is designed for use or has been used primarily as a retail or wholesale sales or service facility having at least one tenant or occupant located in a fifty thousand square foot or larger space therein. To qualify as an eligible site the shopping center, mall, or free standing site must be at least eighty percent abandoned on a square foot basis as required in item (1) above.
(3) 'Local taxing entities' means a county, municipality, school district, special purpose district, and any other entity or district with the power to levy ad valorem property taxes against the eligible site.
(4) 'Local taxing entity ratio' means that percentage computed by dividing the millage rate of each local taxing entity by the total millage rate for the eligible site.
(5) 'Placed in service' means the date upon which the eligible site is suitable for occupancy for the purposes intended.
(6) 'Rehabilitation expenses' means the expenses incurred in the rehabilitation of the eligible site, excluding the cost of acquiring the eligible site or the cost of personal property maintained at the eligible site.
Section 6-34-40. (A) Subject to the terms and conditions of this chapter, a taxpayer who improves, renovates, or redevelops an eligible site is eligible for one of the following two tax credits:
(1) a credit against real property taxes levied by local taxing entities equal to twenty-five percent of the rehabilitation expenses made to the eligible site times the local taxing entity ratio of each local taxing entity that has consented to the tax credit pursuant to subsection (B) below; or
(2) a credit against any state income taxes imposed equal to twenty-five percent of the rehabilitation expenses.
(B) If the taxpayer elects to receive the credit pursuant to subsection (A)(1) the following provisions shall apply:
(1) The municipality or, if the eligible site is located in an unincorporated area, the county first by resolution shall determine the eligibility of the eligible site and the eligibility of the proposed project seeking the credit. Any proposed project beginning after July 1, 2005, must be approved by a majority vote of the local governing body. The foregoing determinations and the municipality's or county's approval of the eligible site and proposed project must be by ordinance and public hearing. The ordinance shall provide for the credit to be taken as a credit against up to seventy-five percent of the real property taxes due on the site each year not to exceed eight years. Before determining the eligibility of the proposed eligible site, the municipality or county shall make a finding that the credit will not violate any covenant, representation, or warranty in any of its tax increment financing transactions.
(2) Not less than forty-five days before holding the public hearing contemplated in subsection (B)(1), the governing body of the municipality or county shall give notice to all affected local taxing entities where the eligible site is located of its intention to grant a tax credit for an eligible site and the amount of the tax credit proposed to be granted. If a local taxing entity does not file an objection to the tax
(3) The tax credit shall vest in the taxpayer in the tax year when the eligible site is placed in service and may be carried forward, in whole or in part, for up to eight years following that date.
(C) If the taxpayer elects to receive the credit pursuant to subsection (A)(2), the following provisions apply:
(1) The entire credit may not be taken for the taxable year in which the eligible site is placed in service but must be taken in equal installments over a five-year period beginning with the year in which the property is placed in service. Any unused portion of a credit installment may be carried forward for the succeeding five years.
(2) The credit earned pursuant to this subsection by a 'S' corporation owing corporate level income tax must be used first at the entity level. Any remaining credit passes through to each shareholder in a percentage equal to each shareholder's percentage of stock ownership.
(3) The credit earned pursuant to this subsection by a general partnership, limited partnership, limited liability company, or any other entity taxed as a partnership pursuant to Subchapter K of the Internal Revenue Code must be passed through to its partners and may be allocated among any of its partners, including without limitation, an allocation of the entire credit to one partner, in a manner agreed by the partners. As used in this subsection, the term 'partner' means a partner, member, or owner of an interest in the pass through entity, as applicable.
(4) The credit earned pursuant to this subsection is in addition to and does not offset the state historic credit in the event the eligible site also is eligible for the state historic credit.
(D) The taxpayer shall elect the mode of credit pursuant to subsection (A)(1) or subsection (A)(2) by providing written notification of its intent to the South Carolina Department of Revenue prior to the date the eligible site is placed in service; provided, that, if the taxpayer did not obtain the approvals contained in subsection (B) or fails to affirmatively make the election prescribed in this chapter before the date the eligible site is placed in service, the taxpayer is considered to have elected to receive the credit provided in subsection (A)(2) without the need for a written election.
Section 6-34-50. The provisions of Chapter 31 of this title also shall apply to this chapter, except the requirements of Section 6-31-40 which may not apply."
Renumber sections to conform.
Amend title to conform.
Rep. HINSON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3221 (Word version) -- Reps. Clemmons, Rice, Simrill, Mahaffey, Wilkins, Harrell, Harrison, Cato, J. Brown, Townsend, Edge, Merrill, Chellis, Ott, R. Brown, Mack, Barfield, Witherspoon, Duncan, M. A. Pitts, Owens, Chalk, Bailey, Ceips, Haley, Viers and Hardwick: A BILL TO AMEND ARTICLE 5, CHAPTER 6, TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RETIREES AND INDIVIDUALS POOLING TOGETHER FOR SAVINGS ACT (SCRIPTS), SO AS TO CHANGE THE NAME OF THIS ACT TO THE SOUTH CAROLINA RETIREES AND INDIVIDUALS POOLING TOGETHER FOR SAVINGS-SILVERXCARD ACT AND TO PROVIDE THAT THE SCRIPTS-SILVERXCARD PROGRAM MUST COORDINATE WITH MEDICARE PART D TO PROVIDE TO LOW INCOME SENIOR RESIDENTS ASSISTANCE WITH THE COST OF PRESCRIPTION DRUGS, TO REQUIRE THAT A PARTICIPANT BE ENROLLED IN A MEDICARE PART D DRUG PLAN, TO CLARIFY OTHER ELIGIBILITY CRITERIA, TO SPECIFY THAT AN ENROLLEE IS ENTITLED TO BENEFITS WHEN THE ENROLLEE'S ANNUAL OUT-OF-POCKET DRUG EXPENSES REACH THE POINT THAT STANDARD MEDICARE PART D BENEFITS ARE NO LONGER AVAILABLE AND THAT BENEFITS TERMINATE WHEN THE PARTICIPANT'S ANNUAL OUT-OF-POCKET EXPENSES REACH THE POINT THAT CATASTROPHIC MEDICARE PART D BENEFITS ARE AVAILABLE, AND TO PROVIDE THAT IF REVENUE IS GENERATED FOR THE PROGRAM FROM OTHER SOURCES,
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11788AC05), which was adopted:
Amend the bill, as and if amended, Section 44-6-650, page 4, immediately after line 7 by inserting:
/(C)(1) If a federally-approved South Carolina Medicare Part D Plan offers prescription drug coverage that does not include an annual coverage limit, the department may expand program benefits to include an alternative benefit plan that functions in a manner that is economically equivalent to the program authorized in this article.
(2) The department is authorized to automatically enroll in the program individuals who are enrolled in a Medicaid waiver program and who satisfy program eligibility criteria if each enrollee is notified in writing of his or her right to disenroll and the process necessary to disenroll./
Amend the bill further, by deleting Section 44-6-670 on page 4 and inserting:
/Section 44-6-670. (A) The department may seek waivers of any federal laws, regulations, or rules necessary to implement this program.
(B) The department may promulgate regulations necessary for the administration of this program. /
Renumber sections to conform.
Amend title to conform.
Rep. CLEMMONS explained the amendment.
Rep. CLEMMONS continued speaking.
Rep. PERRY spoke in favor of the amendment.
The amendment was then adopted.
On motion of Rep. MCLEOD, with unanimous consent, the following Bill was ordered recalled from Legislative Council:
S. 784 (Word version) -- Senator Cromer: A BILL TO AMEND SECTION 7-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN NEWBERRY COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF NEWBERRY 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. G. M. SMITH, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
S. 85 (Word version) -- Senators McConnell, Moore, Elliott, Alexander, Fair, Richardson, Ford and Campsen: A BILL TO AMEND SECTION 20-7-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CENTRAL REGISTRY FOR CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT A COURT MUST ORDER A PERSON'S NAME TO BE ENTERED IN THE CENTRAL REGISTRY IF THERE IS A FINDING BY A PREPONDERANCE OF EVIDENCE THAT THE PERSON ABUSED OR NEGLECTED A CHILD PURSUANT TO SECTION 20-7-490 AND TO PROVIDE THAT PLACEMENT ON THE REGISTRY CANNOT BE WAIVED BY ANY PARTY OR BY THE COURT.
Rep. VIERS asked unanimous consent to recall H. 4054 (Word version) from the Committee on Ways and Means.
Rep. KENNEDY objected.
On motion of Rep. MCGEE, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:
S. 27 (Word version) -- Senators Leatherman and Elliott: A BILL TO AMEND SECTION 6-4-35 OF THE 1976 CODE, RELATING TO THE TOURISM EXPENDITURE REVIEW COMMITTEE'S DETERMINATION OF NONCOMPLIANT EXPENDITURE OF ACCOMMODATIONS TAX REVENUE, TO ESTABLISH A PROCEDURE BY WHICH A MUNICIPALITY OR COUNTY MAY REFUND ANY AMOUNT DETERMINED TO BE IN NONCOMPLIANCE AND AVOID FUTURE WITHHOLDINGS.
On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
S. 491 (Word version) -- Senators McConnell, Martin and Ford: A BILL TO AMEND SECTION 42-3-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATIVE DIRECTOR OF THE ADMINISTRATIVE DEPARTMENT OF THE WORKERS' COMPENSATION COMMISSION, SO AS TO TIE THE MAXIMUM SALARY PAID TO THE ADMINISTRATIVE DIRECTOR TO THE SALARY PAID TO COMMISSIONERS INSTEAD OF CIRCUIT JUDGES.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:
S. 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
Rep. G. BROWN 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. 4080 (Word version) -- Reps. Littlejohn, Davenport, Mahaffey and Sinclair: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 295 IN SPARTANBURG COUNTY FROM ITS INTERSECTION OF SOUTH CAROLINA HIGHWAY 56 TO ITS INTERSECTION WITH COUNTY ROAD C-1207 (DAIRY RIDGE ROAD) "CAMP CROFT VETERANS MEMORIAL HIGHWAY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "CAMP CROFT VETERANS MEMORIAL HIGHWAY".
Ordered for consideration tomorrow.
Rep. M. A. PITTS moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:
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.
Those who voted in the affirmative are:
Agnew Allen Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady Breeland G. Brown J. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Duncan Edge Frye Govan Hagood Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines Hinson Hiott Hosey Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Loftis Mahaffey McCraw McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Parks Pinson M. A. Pitts Rhoad Rivers Sandifer Scarborough Simrill Sinclair D. C. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Townsend Tripp Umphlett Vick Viers White Whitmire Wilkins Witherspoon Young
E. H. Pitts Rutherford Thompson Weeks
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER appointed Reps. RHOAD, DUNCAN and M. A. PITTS to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
FREE CONFERENCE REPORT
S. 212 (Word version)
The General Assembly, Columbia, S.C.
The COMMITTEE OF FREE CONFERENCE, to whom was referred: (Doc. No. P:\legwork\senate\amend\gjk\20439sd05.doc)
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 50-11-500 of the 1976 Code, as last amended by Act 210 of 2002, is further amended by adding at the end:
"(9) It is unlawful for a person to take or attempt to take a wild turkey from a watercraft on the waters of this State."
SECTION 2. Section 50-11-544 of the 1976 Code, as added by Act 210 of 2002, is further amended to read:
"Section 50-11-544. A person who hunts wild turkeys is required to possess a set of wild turkey transportation tags issued by the department at no cost. All turkeys taken must be tagged before being moved from the point of kill. All turkeys taken must be checked at an
SECTION 3. Section 50-11-555 of the 1976 Code, as added by Act 255 of 2002, is amended to read:
"Section 50-11-555. Notwithstanding any other provision of law, it is not unlawful to hunt wild turkey on Sunday on private land in Game Zone 4 during the prescribed season for hunting wild turkey."
SECTION 4. This act takes effect upon approval by the Governor. /
Amend title to conform.
The Hon. Chauncey K. Gregory The Hon. Michael A. Pitts The Hon. J. Yancey McGill The Hon. Jeffrey D. Duncan The Hon. C. Bradley Hutto The Hon. Thomas N. Rhoad On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following was introduced:
H. 4104 (Word version) -- Rep. Clyburn: A HOUSE RESOLUTION TO CELEBRATE THE DEDICATION OF THE GEORGE N. KENNER EDUCATIONAL BUILDING OF JERUSALEM BAPTIST CHURCH ON MAY 22, 2005, IN RIDGE SPRING, SALUDA COUNTY, AND TO WISH THE CONGREGANTS MANY HAPPY MEMORIES OF FELLOWSHIP AND WORSHIP THERE IN THE FUTURE.
The Resolution was adopted.
The following was introduced:
H. 4105 (Word version) -- Rep. Lucas: A HOUSE RESOLUTION TO HONOR AND COMMEND J. RICHARD "RICK" JONES OF HARTSVILLE FOR HIS OUTSTANDING COMMITMENT AND SERVICE TO THE DARLINGTON COUNTY DISABILITIES AND SPECIAL
The Resolution was adopted.
The following was introduced:
H. 4106 (Word version) -- Rep. Bingham: A HOUSE RESOLUTION TO CONGRATULATE THE BROOKLAND-CAYCE HIGH SCHOOL LADY BEARCATS SOCCER TEAM FOR WINNING THE STATE CLASS AAA 2005 SOCCER CHAMPIONSHIP.
The Resolution was adopted.
On motion of Rep. BINGHAM, with unanimous consent, the following was taken up for immediate consideration:
H. 4107 (Word version) -- Rep. Bingham: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE BROOKLAND-CAYCE HIGH SCHOOL LADY BEARCATS SOCCER TEAM, COACHES, 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 AAA SOCCER 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 Brookland-Cayce High School Lady Bearcats Soccer Team, coaches, 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 AAA Soccer Championship.
The Resolution was adopted.
The following was introduced:
H. 4108 (Word version) -- Reps. Barfield and Clemmons: A CONCURRENT RESOLUTION TO EXPRESS OUTRAGE AND DISGUST AT THE SLOPPY REPORTING IN NEWSWEEK MAGAZINE, WHICH FALSELY ALLEGED UNITED STATES INTERROGATORS DESECRATED THE MUSLIM KORAN, SPARKING OFF WORLDWIDE VIOLENCE THAT CAUSED MANY DEATHS AND INJURIES, PUT UNITED STATES MILITARY PERSONNEL AT RISK, AND CAUSED HARM TO THE UNITED STATES' EFFORTS IN THE GLOBAL WAR ON TERROR.
Referred to the Committee on Invitations and Memorial Resolutions
The following was introduced:
H. 4109 (Word version) -- Reps. Rhoad, Bales, Hosey and J. H. Neal: A HOUSE RESOLUTION TO CONGRATULATE MR. CHIP ATKINS, LOWER RICHLAND HIGH SCHOOL BOYS BASKETBALL COACH, ON BEING NAMED NATIONAL COACH OF THE YEAR BY THE NATIONAL FEDERATION OF STATE HIGH SCHOOL ASSOCIATIONS.
The Resolution was adopted.
On motion of Rep. RHOAD, with unanimous consent, the following was taken up for immediate consideration:
H. 4110 (Word version) -- Rep. Rhoad: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE PLAYERS AND COACH OF THE BAMBERG-EHRHARDT GOLF TEAM AND SCHOOL OFFICIALS AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER TO CONGRATULATE THEM ON THEIR CLASS A STATE CHAMPIONSHIP TITLE, AND TO HONOR THEM ON THEIR EXCEPTIONAL SEASON.
Be it resolved by the House of Representatives:
The Resolution was adopted.
The following was introduced:
H. 4111 (Word version) -- Rep. Rhoad: A CONCURRENT RESOLUTION TO CONGRATULATE THE BAMBERG-EHRHARDT GOLF TEAM ON ITS CLASS A STATE CHAMPIONSHIP, AND TO HONOR THE PLAYERS AND THEIR COACH, GENE WILLIAMS, ON THEIR EXCEPTIONAL SEASON.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4112 (Word version) -- Reps. Walker and Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE THE CHAPMAN HIGH SCHOOL LADY PANTHERS SOFTBALL TEAM OF SPARTANBURG COUNTY ON THEIR STATE CLASS AA CHAMPIONSHIP, AND TO RECOGNIZE THE PLAYERS AND COACH REBECCA PACK ON THEIR OUTSTANDING 2005 SEASON.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4113 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND SECTION 25-1-3235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
H. 4114 (Word version) -- Rep. Hosey: A BILL TO AMEND SECTION 56-5-4100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREVENTING THE ESCAPE OF MATERIALS FROM CERTAIN VEHICLES THAT TRAVEL ALONG THE STATE'S HIGHWAYS, SO AS TO INCREASE THE PENALTY FOR A VIOLATION OF THIS PROVISION.
Referred to Committee on Judiciary
H. 4115 (Word version) -- Rep. Hosey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-617 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MUST IMPOSE TOLLS ALONG THE STATE'S HIGHWAYS TO FUND THE COST OF IMPROVEMENTS ALONG THE STATE'S HIGHWAYS, AND TO PROVIDE THAT THE AMOUNT OF THE TOLLS MUST BE DETERMINED BY THE STATE BUDGET AND CONTROL BOARD.
Referred to Committee on Education and Public Works
Rep. MCLEOD moved to reconsider the vote whereby the following Bill was given a third reading, which was agreed to:
S. 784 (Word version) -- Senator Cromer: A BILL TO AMEND SECTION 7-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN NEWBERRY COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF NEWBERRY COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND
Rep. MCLEOD moved to table the Bill, which was agreed to.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 4086 (Word version) -- Rep. Hayes: A BILL TO ENACT THE DILLON COUNTY SCHOOL FACILITIES FINANCING ACT SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING REFERENDUM APPROVAL OF A SALES AND USE TAX IN DILLON COUNTY NOT TO EXCEED TWO PERCENT TO OFFSET PAYMENT OBLIGATIONS RELATED TO GENERAL OBLIGATIONS ISSUED TO FINANCE SCHOOL CONSTRUCTION, ACQUISITION, AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION, ACQUISITION, AND RENOVATION, AND TO PROVIDE FOR OTHER MATTERS RELATING TO IMPLEMENTING THIS ACT.
Rep. LITTLEJOHN explained the Bill.
Rep. HAYES moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3368 (Word version) -- Reps. Vick, Neilson, Jennings and Lucas: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE SOUTH CAROLINA HIGHWAY NUMBER 9 BRIDGE OVER THOMPSON CREEK IN THE TOWN OF CHESTERFIELD THE "HOOVER FAY BELL BRIDGE" AND TO ERECT APPROPRIATE SIGNS AT THE BRIDGE CONTAINING THE WORDS "HOOVER FAY BELL BRIDGE".
H. 3369 (Word version) -- Reps. Vick, Neilson, Jennings and Lucas: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME SOUTH
H. 3786 (Word version) -- Reps. Duncan, Taylor and M. A. Pitts: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF UNITED STATES HIGHWAY 76 AND BARNES ROAD/TEMPLETON ROAD IN LAURENS COUNTY THE "JAMES E. 'BUBBA' NORRIS MEMORIAL INTERSECTION" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "JAMES E. 'BUBBA' NORRIS MEMORIAL INTERSECTION".
H. 3942 (Word version) -- Reps. Delleney, W. D. Smith and F. N. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 25, 2005, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 12, WHOSE TERM EXPIRES JUNE 30, 2008; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE SIXTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2007.
H. 3956 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE LOCATED AT 416 OAKLAND ROAD IN THE COUNTY OF DILLON THAT CROSSES INTERSTATE 95 THE "LISTON 'GURNIE' ROWELL MEMORIAL BRIDGE", AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "LISTON 'GURNIE' ROWELL MEMORIAL BRIDGE".
H. 3985 (Word version) -- Reps. Scott, Herbkersman, Simrill, Skelton, R. Brown, Hosey, Clyburn, Frye, Haley, Parks, J. H. Neal, Rivers, Barfield, Emory, J. Brown, McLeod, Hiott, Haskins, E. H. Pitts, Sinclair, G. R. Smith, Scarborough, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Battle, Bingham, Bowers, Brady, Branham,
H. 3999 (Word version) -- Reps. Clemmons, Barfield, Edge, Hardwick, Witherspoon, Viers, Miller and Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION NAME THE INTRACOASTAL WATERWAY BRIDGE ON ROBERT GRISSOM PARKWAY IN HORRY COUNTY THE "ZEB M. THOMAS, SR. BRIDGE" IN HONOR OF ZEB M. THOMAS, SR. OF MYRTLE BEACH FOR HIS OUTSTANDING CONTRIBUTIONS TO HIS COMMUNITY AND THE STATE.
H. 4027 (Word version) -- Reps. Harrell and Wilkins: A CONCURRENT RESOLUTION TO ESTABLISH THE RESULTS OF A REVIEW OF THE LAW IMPLEMENTING ARTICLE X, SECTION 13(6)(c) OF THE CONSTITUTION OF SOUTH CAROLINA, 1895.
H. 4068 (Word version) -- Reps. R. Brown, Breeland, Merrill, Altman, Chellis, Dantzler, Hagood, Harrell, Mack, Scarborough, Young, Limehouse and Whipper: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF UNITED STATES HIGHWAY 17 SOUTH,
H. 4069 (Word version) -- Reps. Bales, Ballentine, Brady, J. Brown, Cotty, Harrison, Howard, J. H. Neal, Rutherford, Scott and J. E. Smith: A CONCURRENT RESOLUTION TO COMMEND THE SOUTH CAROLINA DEPARTMENT OF CONSUMER AFFAIRS FOR THIRTY YEARS OF OUTSTANDING SERVICE TO THE CITIZENS OF OUR STATE.
H. 4074 (Word version) -- Reps. Bowers, R. Brown and McLeod: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE WILLIAM HARRY CONE, JR. OF COLLETON COUNTY FOR SIXTEEN YEARS OF SERVICE AS MAYOR OF WALTERBORO UPON THE OCCASION OF HIS RETIREMENT AND TO EXTEND TO HIM BEST WISHES IN ALL OF HIS FUTURE ENDEAVORS.
H. 4081 (Word version) -- Reps. Agnew and Pinson: A CONCURRENT RESOLUTION JOINING THE COMMUNITIES OF ABBEVILLE IN ABBEVILLE COUNTY AND HODGES IN GREENWOOD COUNTY IN WELCOMING HOME CLOSE TO ONE HUNDRED SOUTH CAROLINA ARMY NATIONAL GUARDSMEN OF THE 111TH SIGNAL BATTALION AFTER THEIR TOUR OF ACTIVE DUTY IN IRAQ, AND EXTENDING THE GRATITUDE OF THIS STATE TO THEM AND TO THEIR FAMILIES FOR THEIR SACRIFICES IN THE NAME OF FREEDOM.
H. 4082 (Word version) -- Reps. Wilkins, 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,
H. 4087 (Word version) -- Rep. Clyburn: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF MS. MOZELLE J. SIMPKINS, OF JACKSON, SOUTH CAROLINA, ON APRIL 15, 2005, AND TO CONVEY DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
H. 4091 (Word version) -- Rep. Bingham: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND SOUTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY UPON REACHING ITS FIFTIETH ANNIVERSARY OF SERVICE TO ITS MEMBER-POLICYHOLDERS AND TO THE INSURANCE MARKET OF SOUTH CAROLINA.
At 1:12 p.m. the House, in accordance with the motion of Rep. HOSEY, adjourned in memory of Jasmine Brown of Blackville, to meet at 10:00 a.m. tomorrow.
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