Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Jeremiah 6:6: "This is what the Lord says: Stand at the crossroads and look; ask for the ancient paths, ask where the good way is, and walk in it, and you will find rest for your souls."
Let us pray. O Lord our God, as we come to the end of this session, we thank You for these women and men who have been faithful to their calling. For anything that has been done wrong or any hurtful word or action, forgive us and continue to give wisdom. Bless each one, Representative, staff, aids, pages and for those who work to keep the maintenance and security of these buildings. We offer our thanks for the leadership of Speaker Wilkins and bless him in his new area of leadership in our Nation. Look in favor upon our Nation, President, State and her leaders. Protect from all harm our defenders of freedom. O Lord, hear our prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. BALLENTINE moved that when the House adjourns, it adjourn in memory of Eleanor Peterson Nanney of Mt. Pleasant, which was agreed to.
The following was received:
June 2, 2005
The Honorable Charles F. Reid
Clerk of the House of Representatives
Room 220, Blatt Building
P. O. Box 11867
Columbia, SC 29211
Dear Mr. Reid:
Please accept this letter as my irrevocable resignation as Speaker and a member of the South Carolina House of Representatives effective noon on Tuesday, June 21, 2005. I submit this resignation with great thoughtfulness and appreciation as I look back upon my 25 years with this honorable institution.
As you are aware, I have been appointed by President George W. Bush to serve my country as our United States Ambassador to Canada. It is an opportunity and a responsibility I accept gladly on behalf of my country and my beloved State.
Through the years, I have been privileged to serve in many leadership roles in the South Carolina House - as Chairman of the House Judiciary Committee, Speaker Pro Tempore and ultimately as Speaker for the past 11 years. It has been the privilege of my lifetime to serve in this honorable Chamber and truly one of the great blessings of my life.
I leave knowing this institution and its wonderful people are in good hands. I am confident that the members of the House will continue to work hard to improve the lives of all South Carolinians. May God bless them and may God bless South Carolina.
Sincerely,
David H. Wilkins
Speaker of the House
Received as information.
The House stood in silent prayer for Representative Alex Harvin.
The House stood in silent prayer for the daughter of Representative Hardwick.
The following was received:
Columbia, S.C., June 1, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators Martin, Knotts and Sheheen of the Committee of Free Conference on the part of the Senate on S. 165:
S. 165 (Word version) -- Senators Elliott, Hayes, Alexander, Fair and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1636 SO AS TO PROVIDE THAT A PERSON LICENSED FOR SALE AND USE FOR ON-PREMISES CONSUMPTION SHALL PURCHASE ALCOHOLIC LIQUOR FOR SALE BY THE DRINK FROM A LICENSED RETAIL DEALER WITH A WHOLESALER'S BASIC PERMIT ISSUED PURSUANT TO THE FEDERAL ALCOHOL ADMINISTRATION ACT IN ANY SIZE BOTTLE, EXCEPT 1.75 LITER SIZE BOTTLES AND PROVIDE THAT A LICENSED RETAIL DEALER WITH A WHOLESALER'S BASIC PERMIT ISSUED PURSUANT TO THE FEDERAL ALCOHOL ADMINISTRATION ACT MAY DELIVER TO A PERSON LICENSED FOR SALE AND USE FOR ON-PREMISES CONSUMPTION ALCOHOLIC LIQUOR IN ANY SIZE, EXCEPT A 1.75 LITER SIZE BOTTLE; BY ADDING SECTION 61-6-1637 SO AS TO PROHIBIT A PERSON LICENSED BY ARTICLE 5, CHAPTER 6, TITLE 61, FROM SUBSTITUTING ANOTHER BRAND OF ALCOHOLIC LIQUOR IN PLACE OF THE BRAND SPECIFIED EXCEPT UNDER CERTAIN CONDITIONS; BY ADDING SECTION 61-6-2430 SO AS TO PROVIDE THAT A WHOLESALE DISTRIBUTOR OF ALCOHOLIC LIQUOR MAY DISCOUNT PRODUCT PRICED BASED ON QUANTITY OF PURCHASES; TO AMEND SECTION 12-33-245, RELATING TO
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 1, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 184:
S. 184 (Word version) -- Senators Leatherman, Grooms, Mescher, Williams and McGill: A JOINT RESOLUTION TO CREATE THE FRANCIS MARION TRAIL COMMISSION TO ESTABLISH A HERITAGE AND TOURISM TRAIL HONORING FRANCIS MARION'S REVOLUTIONARY CAMPAIGNS, TO ESTABLISH THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS, AND TO PROVIDE THAT THE PRESIDENTS OF THE HISTORICAL SOCIETIES LOCATED IN CERTAIN COUNTIES SHALL SERVE ON AN ADVISORY COMMITTEE.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 1, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 122, S. 746 by a vote of 46 to 0.
(R122) S. 746 (Word version) -- Senators Matthews and Hutto: AN ACT TO ABOLISH THE ORANGEBURG COUNTY BOARD OF VOTER REGISTRATION AND THE ORANGEBURG COUNTY ELECTION COMMISSION AND TO CREATE THE ORANGEBURG COUNTY BOARD OF ELECTION AND REGISTRATION.
Very respectfully,
President
The SPEAKER ordered the following veto printed in the Journal:
June 1, 2005
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202
Dear Mr. President and Members of the Senate:
I am hereby returning without my approval S. 746 (Word version), R. 122, an Act:
TO ABOLISH THE ORANGEBURG COUNTY BOARD OF VOTER REGISTRATION AND THE ORANGEBURG COUNTY ELECTION COMMISSION AND TO CREATE THE ORANGEBURG COUNTY BOARD OF ELECTION AND REGISTRATION.
This veto is based on my belief that this Bill is unconstitutional. S. 746, R. 122 proposes to abolish the Orangeburg County Board of Voter Registration and create the Orangeburg County Board of Election and Registration. As such, S. 746, R. 122 affects
For this reason, I am returning S. 746, R. 122 to you without my signature.
Sincerely,
Mark Sanford
Governor
The Veto on the following Act was taken up:
(R122) S. 746 (Word version) -- Senators Matthews and Hutto: AN ACT TO ABOLISH THE ORANGEBURG COUNTY BOARD OF VOTER REGISTRATION AND THE ORANGEBURG COUNTY ELECTION COMMISSION AND TO CREATE THE ORANGEBURG COUNTY BOARD OF ELECTION AND REGISTRATION.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Bowers Cobb-Hunter Haley Ott Rhoad Vaughn
Those who voted in the negative are:
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The SPEAKER ordered the following veto printed in the Journal:
June 1, 2005
The Honorable David H. Wilkins
Speaker of the House of Representatives
State House
Post Office Box 11867
Columbia, South Carolina 29211
Mr. Speaker and Members of the House
I am hereby returning without my approval H. 3932 (Word version), R. 133. I am vetoing this Bill because of the unintended consequences of the legislation.
The Bill, which reenacts statute deemed unconstitutional by the South Carolina Supreme Court in Sloan v. Wilkins, et al case, expands the Economic Development Bond Act to include two new types of projects: a national and international convention and trade show center and tourism training infrastructure projects. The legislation also exempts either of these projects from the typical private investment and job requirements required of all other projects financed through the current law. Though the legislation is well-intended, I am concerned that it allows an open-ended financing opportunity over time for projects of limited value in the State. In addition, should these projects not generate the revenue expected, it is the taxpayers who will be left repaying the debt incurred.
To be clear, the strengthening and expansion of tourism in this State can be worth the investment of state dollars. As a member of the United States House of Representatives, I worked to improve tourism in South Carolina by designating Myrtle Beach, rather than Charleston, as the terminus for Interstate 73. I also supported efforts to bring federal grant dollars for beach renourishment in Horry County. I also sponsored the United State Cruise Tourism Act, which would have allowed cruise ships to go from one domestic port to another, increasing cruise tourism possibilities in our ports. As Governor, we have worked to reduce administrative costs at the Department of Parks, Recreation and Tourism so that more dollars can go directly to promoting our State. In addition, I publicly campaigned to amend the
This legislation, however, breaks from the traditional model we have used for economic development anywhere else in the State. Specifically, for economic development projects financed by the Economic Development Bond Act, the deal $400 million in private investment and the creation of 400 new jobs are required. In the case of a life sciences project, there is a $100 million investment requirement and the creation of 200 new jobs. This legislation immediately exempts these types of projects from requiring any private investment or a quantifiable number of jobs created. Our State's economic development strategy to date has been predicated on public dollars being matched by an even larger private investment. This administration has gone further in the investment qualification process and added a Net Present Value (NPV) determination as part of the due diligence performed by the Department of Commerce prior to the outlay of public funds. As crucial as we believe investments in tourism are to our economy it is important not to relax our investment criteria.
This legislation will, in effect, set a chilling precedent that, even for projects developed with intent of creating jobs and drawing additional investment that would otherwise not come to the community, there would be no actual requirement to do so. By that logic, the State could not expect a similar requirement for the development of businesses as it currently does. Additionally, there are no stipulations that the projects financed under this act would go directly to the benefit of tourism, but rather to any location that could muster enough support to draw down bond financing.
Second, this legislation accesses scarce capital investment dollars without some specific qualifications of return to the State and the taxpayers. The current debt ceiling is six percent, while the constitutionally-allowed rate is seven percent. As we stated in the veto of the Life Sciences Act last year and in the Executive Budget released in January, this administration is concerned about the current debt capacity of the State. Given that the room to increase our capacity is limited by the constitution, we need to be cautious about where we
Finally, projects financed under this act would leave taxpayers across the State liable for repayment if the local government fails to do so. We would hate to think that there would be an empty or abandoned convention center, or even worse, one that proves to be a financial drag on a municipality, simply because the market does not support it. Even worse would be to ask taxpayers statewide to support repayment of a bond for such a facility because we did not provide due diligence. Investment debacles like Air South or Patriots Point are reminders of the importance of financial analysis prior to the investment of public funds.
We agree with the goals of this legislation, which are to continue to develop ways to promote and strengthen our number one industry in the State. In fact, this administration has brought in the Department of Parks, Recreation and Tourism to work with the Coordinating Council to access dollars typically dedicated solely to manufacturing jobs.
Additionally, we could consider supporting legislation that allowed bond financing of tourism-related facilities, provided there were stipulations requiring private capital investment and the creation of new jobs and a quantifiable rate of return to the State. I urge the General Assembly to retain the standards set for the investment of taxpayer dollars in economic development projects and apply similar standards to investment in tourism. Provided these changes were made, I could readily support the tourism investments contemplated in this Bill and others like them.
For the reasons stated above, I am vetoing H. 3932, R. 133, in its entirety, and returning it without my approval.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4272 (Word version) -- Rep. Viers: A BILL TO AMEND SECTION 56-5-1555, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEED LIMITATIONS PLACED ON THE OPERATION OF A MOPED, SO AS TO PROVIDE THAT A MOPED MAY NOT BE OPERATED ALONG A ROAD, STREET, OR HIGHWAY WHOSE MAXIMUM SPEED LIMIT IS GREATER THAN THIRTY-FIVE MILES AN HOUR.
Referred to Committee on Judiciary
H. 4275 (Word version) -- Rep. Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 48 OF TITLE 11 SO AS TO PROVIDE FOR ASSIGNMENTS OF ESCROW PAYMENTS UNDER THE TOBACCO MASTER SETTLEMENT AGREEMENT AND CREATE FINANCIAL INCENTIVES FOR MAKING ASSIGNMENTS OF ESCROW PAYMENTS; AND TO DESIGNATE SECTIONS 11-48-10 THROUGH 11-48-40 AS ARTICLE 1, CHAPTER 48 OF TITLE 11.
Referred to Committee on Ways and Means
The following was introduced:
H. 4273 (Word version) -- Rep. Norman: A HOUSE RESOLUTION TO HONOR AND CONGRATULATE ROSEWOOD ELEMENTARY SCHOOL IN YORK COUNTY SCHOOL DISTRICT NO. 3 FOR BEING RECOGNIZED BY THE SOUTH CAROLINA EDUCATION OVERSIGHT COMMITTEE FOR HAVING CLOSED THE ACHIEVEMENT GAP AMONG STUDENTS OF DIFFERING ECONOMIC, RACIAL, AND ETHNIC GROUPS.
The Resolution was adopted.
The following was introduced:
H. 4274 (Word version) -- Reps. Rivers and Wilkins: A HOUSE RESOLUTION RECOGNIZING FOUR CANADIAN COUPLES WITH CLOSE PERSONAL TIES TO THE UNITED STATES AND SOUTH CAROLINA AND EXTENDING GREETINGS TO THEM FROM THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES ON BEHALF OF OUR COLLEAGUE, SPEAKER DAVID WILKINS, IN ANTICIPATION OF THE CONFIRMATION OF HIS APPOINTMENT AS UNITED STATES AMBASSADOR TO CANADA.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows:
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 Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Govan Hagood Haley Hardwick Harrell Harrison Haskins Hayes Herbkersman Hinson Hiott Hosey Huggins Jefferson Jennings Leach Lee Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller J. M. Neal Norman Ott Owens Parks
Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers Sandifer Scarborough Sinclair Skelton D. C. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Toole Townsend Tripp Umphlett Vaughn Vick Viers Walker Weeks White Whitmire Wilkins Witherspoon
I came in after the roll call and was present for the Session on Thursday, June 2.
Paul Agnew Michael Thompson Joseph Neal Daniel Cooper Annette Young Herb Kirsh G. Murrell Smith Fletcher Smith Glenn Hamilton Bessie Moody-Lawrence Karl Allen John Scott Gary Simrill Kenneth Kennedy Leon Howard Todd Rutherford Denny Neilson J. "Seth" Whipper Jesse Hines
Reps. TRIPP and RUTHERFORD signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, June 1.
The Senate amendments to the following Joint Resolution were taken up for consideration:
S. 286 (Word version) -- Senator Hawkins: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN INMAN, SOUTH CAROLINA, TO THE TOWN OF
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration:
H. 3905 (Word version) -- Rep. Chellis: A BILL TO AMEND CHAPTER 7 OF TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE AUDITOR, SO AS TO FURTHER PROVIDE FOR THE RESPONSIBILITIES, DUTIES, AND OVERSIGHT FUNCTIONS OF THE STATE AUDITOR INCLUDING THE USE OF INDEPENDENT ACCOUNTING FIRMS AND GENERALLY ACCEPTED AUDITING STANDARDS TO PERFORM AUDITS OF STATE AGENCIES AND ENTITIES, THE STATE'S FINANCIAL STATEMENTS, FEDERAL PROGRAM COMPLIANCE, AND LOCAL GOVERNMENT COMPLIANCE IN COLLECTING AND REMITTING FINES, AND TO PROVIDE FOR DISSEMINATION OF AUDIT REPORTS, INDEPENDENCE AND OBJECTIVITY OF THE AUDIT FUNCTION, AND THE USE OF A CERTIFIED PUBLIC ACCOUNTING FIRM TO CONDUCT A PORTION OF THE AUDIT OF THE STATE'S COMPREHENSIVE ANNUAL FINANCIAL REPORT, THE COST OF WHICH IS SHARED EQUITABLY AMONG STATE AGENCIES; TO AMEND SECTIONS 1-11-20, RELATING TO DIVISIONS OF THE BUDGET AND CONTROL BOARD; 2-7-62 AND 2-7-69, BOTH RELATING TO REPORTS MADE IN CONNECTION WITH THE CONSIDERATION OF THE GENERAL APPROPRIATION ACT; 8-11-135, AS AMENDED, RELATING TO PAYMENT OF MOVING EXPENSES OF NEW STATE EMPLOYEES; 10-1-140, AS AMENDED, AND 10-3-30, BOTH RELATING TO PUBLIC BUILDINGS AND PROPERTY; 11-9-110 AND 11-9-125, AS AMENDED, BOTH RELATING TO USE OF CONTRIBUTED
Rep. CHELLIS 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:
S. 227 (Word version) -- Senators Fair, Campsen and Leventis: A BILL TO AMEND SECTION 20-7-1695, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS FROM WHOM CONSENT OR RELINQUISHMENT FOR ADOPTION IS REQUIRED, SO AS TO PROVIDE THAT CONSENT OR RELINQUISHMENT IS NOT REQUIRED OF THE BIOLOGICAL PARENT OF A CHILD CONCEIVED AS A RESULT OF THAT PARENT'S CRIMINAL SEXUAL CONDUCT OR INCEST; AND TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO PROVIDE THAT CONCEPTION OF A CHILD AS A RESULT OF CRIMINAL SEXUAL CONDUCT IS A GROUND FOR TERMINATION OF PARENTAL RIGHTS EXCEPT IN THE CASE OF CONSENSUAL SEXUAL CONDUCT.
Rep. HARRISON explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Veto on the following Act was taken up:
(R133) H. 3932 (Word version) -- Reps. Harrell, Wilkins and Chellis: AN ACT TO AMEND AND REENACT CERTAIN PROVISIONS OF SECTION 11-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE SPECIFIC DEFINITIONS; TO AMEND SECTION 11-41-40, RELATING TO THE ISSUANCE OF THESE ECONOMIC DEVELOPMENT BONDS, SO AS TO FURTHER PROVIDE FOR THE MANNER OF SUCH ISSUANCE; TO AMEND AND REENACT SECTION 11-41-70, AS AMENDED, RELATING TO BOND NOTIFICATION AND OTHER REQUIREMENTS FOR THE ISSUANCE OF THESE BONDS, SO AS TO MAKE CONFORMING CHANGES TO THE DEFINITION REVISIONS CONTAINED ABOVE AND TO FURTHER PROVIDE THE TERMS AND CONDITIONS FOR THE ISSUANCE OF THESE BONDS; AND TO PROVIDE FINDINGS OF THE GENERAL ASSEMBLY THAT THE FUNDING OF THESE PROJECTS WITH THESE BONDS SERVES A VALID PUBLIC PURPOSE AND BENEFITS THIS STATE WITH SUBSEQUENT ECONOMIC AND EMPLOYMENT BENEFITS.
Rep. HARRELL explained the Veto.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Altman Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clyburn Coates Cobb-Hunter Coleman Cooper Cotty
Dantzler Davenport Delleney Duncan Emory Frye Funderburk Govan Haley Hardwick Harrell Haskins Herbkersman Hinson Hiott Hosey Huggins Jefferson Jennings Leach Lee Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Rice Rivers Scarborough Scott Sinclair Skelton G. R. Smith J. E. Smith J. R. Smith Stewart Talley Taylor Thompson Toole Townsend Umphlett Vaughn Vick Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Hagood Norman Tripp
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Rep. HARDWICK moved that the Committee of Conference on the following Joint Resolution be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Altman Anthony Bailey Bales Barfield Battle Bingham Bowers Brady G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Cobb-Hunter Coleman Cooper Cotty Dantzler Delleney Duncan Edge Emory Frye Funderburk Hagood Haley Hardwick Harrison Haskins Hayes Herbkersman Hinson Hiott Hosey Jefferson Jennings Leach Limehouse Littlejohn Lucas Mahaffey McCraw McGee McLeod Merrill Miller J. M. Neal Norman Ott Owens Perry Phillips Pinson M. A. Pitts Rhoad Rice Sandifer Scarborough Scott Simrill Sinclair Skelton G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Toole Townsend Umphlett Vaughn Vick Viers
White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Davenport E. H. Pitts J. E. Smith 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. HARDWICK, UMPHLETT and RHOAD to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
FREE CONFERENCE REPORT
S. 184
The General Assembly, Columbia, S.C., June 1, 2005
The COMMITTEE OF FREE CONFERENCE, to whom was referred: (Doc. No. HOUSE\AMEND\COUNCIL\PT\ 2728SJ05.DOC)
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.
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 joint resolution, as and if amended, by deleting all after the enacting words and inserting therein the following:
/ SECTION 1. There is created the Francis Marion Trail Commission for the purpose of establishing a heritage and tourism trail to be designated as the Francis Marion Trail. The commission is authorized to solicit and raise funds for the trail from public or private sources, and, in coordination with the Department of Parks, Recreation and Tourism, to designate the location and route of the trail to be included in the department's State Trail System. The commission is empowered and directed to raise private funds, to solicit and receive private and public grants, and to receive gifts to carry out the purpose for which the commission is created. If necessary for proper funding to establish the trail, the commission may recommend an appropriation for the trail. The Department of Parks, Recreation and Tourism shall provide the necessary staff and assistance to the commission. After the trail is established, the Department of Parks, Recreation and Tourism must maintain the trail as part of the State Trail System, however, the commission shall continue to raise public and private funds to assist in maintaining the trail.
SECTION 2. The commission shall consist of the following seven 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) one member appointed by the President Pro Tempore of the Senate;
(4) one member appointed by the Speaker of the House;
(5) one member appointed by the Chairman of the Senate Finance Committee;
(6) one member appointed by the Chairman of the House Ways and Means Committee; and
(7) one member appointed by the Governor.
The members of the commission shall serve terms of four years and until their successors are appointed. 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
SECTION 3. The presidents of the historical societies located in each of the counties identified in this resolution, or their designees, shall serve on an advisory committee in a non-voting capacity.
SECTION 4. This joint resolution takes effect upon approval by the Governor. /
Amend the Joint Resolution further by deleting all before the enacting words and inserting:
/ TO CREATE THE FRANCIS MARION TRAIL COMMISSION TO ESTABLISH A HERITAGE AND TOURISM TRAIL HONORING FRANCIS MARION'S REVOLUTIONARY CAMPAIGNS, TO ESTABLISH THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS, AND TO PROVIDE THAT THE PRESIDENTS OF THE HISTORICAL SOCIETIES LOCATED IN CERTAIN COUNTIES SHALL SERVE ON AN ADVISORY COMMITTEE.
Whereas, the campaigns of General Francis Marion in the American Revolution are a source of inspiration and pride to the people of the State of South Carolina and the United States as a whole, and are recognized as having been instrumental in our country's fight for freedom; and
Whereas, the greater part of Francis Marion's campaigns took place in and immediately adjacent to the Pee Dee Region of South Carolina, particularly in the counties of Marion, Florence, Williamsburg, Horry, Georgetown, Berkeley, Charleston, Sumter, Clarendon, and Colleton; and
Whereas, the sites associated with Francis Marion in this area are largely unexplored and undeveloped, and offer little or no access to the public; and
Whereas, it is recognized that an understanding and appreciation of these sites will promote an understanding and appreciation of our heritage and the price of the freedom that we enjoy; and
Whereas, the State of South Carolina believes that a tourism trail focusing on these Francis Marion sites and the area in which they are located will promote such goals as well as tourism in this area of South Carolina. Now, therefore,/
Amend title to conform.
The Hon. Hugh K. Leatherman, Sr. The Hon. David Umphlett, Jr. The Hon. J. Yancey McGill The Hon. Nelson L. Hardwick The Hon. Lawrence K. Grooms 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 Report of the Committee of Free Conference having been adopted by both Houses, and this Joint Resolution having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.
Rep. COTTY 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. 165 (Word version) -- Senators Elliott, Hayes, Alexander, Fair and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1636 SO AS TO PROVIDE THAT A PERSON LICENSED FOR SALE AND USE FOR ON-PREMISES CONSUMPTION SHALL PURCHASE ALCOHOLIC LIQUOR FOR SALE BY THE DRINK FROM A LICENSED RETAIL DEALER WITH A WHOLESALER'S BASIC PERMIT ISSUED PURSUANT TO THE FEDERAL ALCOHOL ADMINISTRATION ACT IN ANY SIZE BOTTLE, EXCEPT 1.75 LITER SIZE BOTTLES AND PROVIDE THAT A LICENSED RETAIL DEALER WITH A WHOLESALER'S BASIC PERMIT ISSUED PURSUANT TO THE FEDERAL ALCOHOL ADMINISTRATION ACT MAY DELIVER TO A PERSON LICENSED FOR SALE AND USE FOR ON-PREMISES CONSUMPTION ALCOHOLIC LIQUOR IN ANY SIZE, EXCEPT A 1.75 LITER SIZE BOTTLE; BY ADDING SECTION 61-6-1637 SO
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Altman Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Hagood Haley Hamilton Hardwick Harrell
Haskins Hayes Herbkersman Hinson Hiott Hosey Huggins Jefferson Jennings Leach Limehouse Littlejohn Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence J. M. Neal Norman Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rice Rivers Sandifer Scarborough Scott Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Umphlett Vaughn Vick Viers Walker Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
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. COTTY, KIRSH and MERRILL to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
FREE CONFERENCE REPORT
S. 165
The General Assembly, Columbia, S.C., June 1, 2005
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 LOCAL GOVERNMENT FUND TO REVISE THE AMOUNT OF THE DISTRIBUTION TO COUNTIES THAT MUST BE USED FOR ALCOHOL EDUCATION AND ALCOHOLISM AND DRUG REHABILITATION BUT TO PROVIDE THAT IN NO CASE MAY THE AMOUNT PROVIDED BE LESS THAN THE AMOUNT DISTRIBUTED IN FISCAL YEAR 2003-2004; TO AMEND SECTION 12-36-90, RELATING TO THE GROSS PROCEEDS OF SALE, SO AS TO EXEMPT THE EXCISE TAX FOR ALCOHOLIC LIQUOR BY THE DRINK; TO AMEND SECTIONS 61-4-120, 61-4-570, 61-4-770, AND 61-4-1720, RELATING TO PROVISIONS CONCERNING BEER, ALE, PORTER, AND WINE, SO AS TO DELETE THE REFERENCES TO MINIBOTTLES AND TO REQUIRE THAT WINES OF MORE THAN TWENTY-ONE PERCENT ALCOHOL ARE SOLD IN RETAIL LIQUOR STORES ONLY; TO AMEND SECTION 61-6-20, RELATING TO THE DEFINITIONS USED IN THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE A DEFINITION OF "ALCOHOLIC LIQUOR BY THE DRINK" AND "ALCOHOLIC BEVERAGES BY THE DRINK"; TO AMEND SECTION 61-6-185, RELATING TO THE PROCEDURES TO PROTEST THE ISSUANCE OR RENEWAL OF A RETAIL LIQUOR LICENSE, SO AS TO AMEND ADMINISTRATIVE LAW JUDGE DIVISION TO ADMINISTRATIVE LAW COURT; TO AMEND SECTION 61-6-700, RELATING TO ESTABLISHMENTS WHICH USE ALCOHOLIC BEVERAGES ONLY IN THE PREPARATION OF FOODS TO BE SERVED BY THE ESTABLISHMENTS, SO AS TO DELETE THE REFERENCE TO MINIBOTTLES; TO AMEND SECTION 61-6-1500, RELATING TO RETAIL DEALERS' LICENSES, SO AS TO DELETE THE RESTRICTIONS ON THE SIZE OF CONTAINERS OF ALCOHOLIC LIQUORS TO BE SOLD BY RETAIL DEALERS,
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 5, Chapter 6, Title 61 of the 1976 Code is amended by adding:
"Section 61-6-1636. (A) A person licensed by this article for sale and use for on-premises consumption shall purchase alcoholic liquor for sale by the drink from a licensed retail dealer with a wholesaler's basic permit issued pursuant to the Federal Alcohol Administration Act in any size bottle, except 1.75 liter size bottles.
(B) A licensed retail dealer with a wholesaler's basic permit issued pursuant to the Federal Alcohol Administration Act may deliver, in sealed containers, alcoholic liquor in any size bottle, except 1.75 liter size bottles, to a person licensed by this article to sell alcoholic liquors 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 2. 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."
SECTION 3. 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, this excise tax is considered to be imposed pursuant to Chapter 36, Title 12. For purposes of this subsection, 'gross proceeds of sales' has the meaning as provided in Section 12-36-90, except that the sales tax imposed under Chapter 36, Title 12 is not included in 'gross proceeds of sales'.
(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 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 2003-04 for education, 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 2003-04. If these state agencies and local entities do not, the difference must be made up from the general fund within sixty days after the close of each fiscal year."
"( ) the alcoholic liquor by the drink excise tax imposed by Section 12-33-245."
SECTION 5. 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, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days. The right of a person to sell wine and beer in this State under a license issued by the State must be forfeited and the license revoked upon his conviction of violating the provisions of this section."
SECTION 6. Section 61-4-570 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"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 7. 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 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 9. Section 61-6-20(1) of the 1976 Code 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, without regard to the size of the container for consumption on the premises of a business licensed pursuant to Article 5 of this chapter."
SECTION 10. Section 61-6-20(5) of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"(5) 'Minibottle' means a sealed container of two ounces fifty milliliters or less of alcoholic liquor."
SECTION 11. 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
(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 12. 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. Application for the license must be in a form and under conditions prescribed by the department. The license fee is fifty dollars. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars, and other licenses he holds from the department under pursuant to the provisions of this title must be revoked.
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 by the drink pursuant to the provisions of Article 5 of
SECTION 13. 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 without regard to the size of the container:
(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
(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 licensed to sell alcoholic liquors under pursuant to the provisions of this section to knowingly and wilfully refill, partially refill, or reuse a bottle of lawfully purchased alcoholic liquor, or otherwise tamper with the contents of the bottle a minibottle.
(2) 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 not more than six months, or both.
(3) 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.
(4) 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.
(3)(C) A retail dealer must keep a record of all sales of alcoholic liquors sold in minibottles 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.
(4)(D) It is unlawful to sell minibottles alcoholic liquors 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."
"Section 61-6-1540. (A) Except as provided in subsection (B), no other goods, wares, or merchandise may be kept or stored in or sold in or from a retail alcoholic liquor store or place of business, and no place of amusement may be maintained in or in connection with the store. However, retail dealers may sell:
(1) drinking glassware packaged together with alcoholic liquors if the glassware and alcoholic liquors are packaged together by the wholesaler or producer in packaging provided by the producer;
(2) nonalcoholic items, other than beer or wine, packaged together with alcoholic liquors if the nonalcoholic items and alcoholic liquors are in sealed packages and are packaged together by the alcoholic liquor producer at its place of business; and
(3) lottery tickets under the provisions of Chapter 150 of Title 59.
(B) Retail dealers licensed under the ABC Act pursuant to the provisions of this article may sell all wines in the stores or places of business covered by their respective licenses, whether declared alcoholic or nonalcoholic or nonintoxicating by the laws of this State. Wines containing more than fourteen sixteen percent of alcohol by volume may be sold only in licensed alcoholic liquor stores or in establishments licensed to sell and permit consumption of alcoholic liquors in minibottles by the drink. The provisions of this section must not be construed to amend, alter, or modify the taxes imposed on wines or the collection and enforcement of these taxes."
SECTION 15. Subarticle 1, Article 5, Chapter 6, Title 61 of the 1976 Code is 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 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 by the drink, which is conspicuously displayed conspicuously 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 has been issued for that Sunday a temporary permit pursuant to the provisions of Section
(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 wilfully refill, partially refill, or reuse a bottle of lawfully purchased alcoholic liquor, or otherwise tamper with the contents of the bottle.
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 61-6-1620. (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 61-6-1600 or 61-6-1610.
(B) Alcoholic liquors may be possessed or consumed in separate and private areas of an establishment whether or not the establishment includes premises which are licensed pursuant to Sections 61-6-1600 or 61-6-1610, where specific individuals have leased these areas for a function not open to the general public.
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 61-6-1640. Notwithstanding the provisions of this subarticle or any other provision of law, an establishment licensed pursuant to Article 5 of this chapter is authorized to conduct samplings of wines in excess of sixteen percent alcohol, cordials, and distilled spirits, if the sampling is conducted as follows:
(1) the establishment must have a permanent seating capacity of fifty or more persons;
(2) samples may not be offered from more than four products at any one time;
(3) the sampling must be held in the bar area of a licensed establishment and all open bottles must be visible at all times. All open bottles must be removed at the conclusion of the tasting;
(4) samples must be less than one-half ounce for each product sampled;
(5) a person may not be served more than one sample of each product;
(6) sampling may not be offered for more than four hours;
(7) at least five days before the sampling, a letter detailing the specific date and hours of the sampling must be mailed first class to the South Carolina Law Enforcement Division;
(8) a sample may not be offered to, or allowed to be consumed by, an intoxicated person or a person under the age of twenty-one years;
(9) a licensed establishment may not offer more than one sampling each day; and
(10) the sampling must be conducted by the manufacturer or wholesaler or an agent of the manufacturer or wholesaler."
SECTION 16. 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 must 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 must not issue the permanent license but shall must 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 17. Section 61-6-2000 of the 1976 Code 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 licenses license is issued pursuant to the provisions of subarticle 1 of this article are authorized to make these purchases. The fee for the permit is thirty-five dollars payable at the time of application. The permit application must include a statement by the applicant as to the amount of alcoholic liquors to be purchased and the nature and date of the social occasion at which they are to be sold. The issuance or nonissuance of permits authorized under pursuant to the provisions of this section is within the sole discretion of the department."
"(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 19. Section 61-6-2010 of the 1976 Code is 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 offer the option of an annual fifty-two week temporary permit for a nonrefundable fee of three thousand dollars per 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 fifty-two weeks from the date of the application for the optional fifty-two week permit, the department must prorate the three thousand dollar fee on a monthly basis. The department in its sole discretion shall specify the terms and conditions of the permit.
(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 walkovers and restroom facilities, with or without changing rooms, at public beach parks; and
(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 permit. 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 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
(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 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 20. Subarticle 7, Article 5, Chapter 6, Title 61 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
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 where these sales are authorized unless the person is eighteen years of
Section 61-6-2210. The purchaser must break the seal of a minibottle unless the seller breaks the seal in the presence of the purchaser and delivers the container. Reserved.
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 21. Section 61-6-2400 of the 1976 Code is amended to read:
"Section 61-6-2400. Alcoholic liquors sold in minibottles by the drink must be taxed pursuant to Chapter 33 of, Title 12."
SECTION 22. Section 61-6-2420 of the 1976 Code is amended to read:
"Section 61-6-2420. This article does not authorize a Class B Restaurant to sell, dispense, barter, or trade in minibottles alcoholic liquors by the drink. The law controlling Class B Restaurants in
SECTION 23. Section 61-6-2600 of the 1976 Code is amended to read:
"Section 61-6-2600. A 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 under Section 61-6-1540(B), or who displays minibottles when the seals are broken acts to avoid the payment of the excise tax imposed on the serving of alcoholic beverages by the drink provided for in Chapter 33, Title 12 or who violates any other another provision of this article must:
(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 24. (A)(1) A study committee must be created to examine the delivery and distribution of alcoholic liquors by licensed retail dealers with a wholesaler's basic permit issued pursuant to the Federal Alcohol Administration Act and shall issue a report on its findings. The study committee consists of six members to be appointed as follows:
(a) three members to be appointed by the President Pro Tempore of the Senate, and
(b) three members to be appointed by the Speaker of the House of Representatives.
(2) The Chairman of the Senate Judiciary Committee shall provide appropriate staff for the Senate members and the Chairman of the House Judiciary Committee shall provide appropriate staff for the House members.
(B) The study committee shall report its findings to the President Pro Tempore of the Senate and the Speaker of the House of Representatives no later than the second Tuesday of January 2007 and terminates when the report is made.
(C) The purpose of the report is to enable the General Assembly to consider the findings of the study committee and to determine if the findings should be adopted and if state laws should be amended.
SECTION 25. 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 26. 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 27. This act takes effect on January 1, 2006, except that beginning on July 1, 2005, or upon approval of this act by the Governor, whichever is the earlier date, a licensed retail dealer with a wholesaler's basic permit issued pursuant to the Federal Alcohol Administration Act may deliver, in sealed containers, alcoholic liquor
Amend title to conform.
Sen. Larry A. Martin Rep. Bill Cotty Sen. John M. "Jake" Knotts, Jr. Rep. Herb Kirsh Sen. Vincent A. Sheheen Rep. James H. Merrill 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 Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:
S. 896 (Word version) -- Senators Matthews and Hutto: A BILL TO AMEND ACT 526 OF 1996, AS AMENDED, RELATING TO THE ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICTS, THE ELECTIONS OF BOARDS OF TRUSTEES OF THESE DISTRICTS AND THEIR POWERS AND DUTIES, THE ELECTION OF THE ORANGEBURG COUNTY BOARD OF EDUCATION AND ITS POWERS AND DUTIES, THE AUTHORITY AND PROCEDURES FOR LEVYING, COLLECTING, AND DISBURSING MILLAGE, SO AS TO ABOLISH THE ORANGEBURG COUNTY BOARD OF EDUCATION, TO CREATE THE ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICT FISCAL COMMISSION, AND TO REVISE CERTAIN POWERS AND DUTIES AND
S. 893 (Word version) -- Senator McGill: A BILL TO AMEND ACT 1095 OF 1962, RELATING TO, AMONG OTHER THINGS, THE LOWER FLORENCE COUNTY HOSPITAL BOARD OF DIRECTORS AND THE POWERS AND DUTIES OF THE BOARD, SO AS TO ADD THE POWER TO PLEDGE THE PROCEEDS FROM FUTURE REVENUES RECEIVED AS COLLATERAL FOR THE PURPOSES OF SECURING FINANCING NECESSARY TO MAINTAIN THE OPERATIONS OF THE HOSPITAL.
S. 855 (Word version) -- Senators Knotts, Courson, Cromer and Setzler: A BILL TO AMEND SECTION 7-7-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LEXINGTON COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF LEXINGTON COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC REFERENCES.
S. 870 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 7-7-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN EDGEFIELD COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF EDGEFIELD COUNTY, TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, TO PROVIDE THAT THE POLLING PLACES FOR EDGEFIELD COUNTY MUST BE DETERMINED BY THE REGISTRATION AND ELECTIONS COMMISSION FOR EDGEFIELD COUNTY WITH THE APPROVAL OF A MAJORITY OF THE EDGEFIELD COUNTY LEGISLATIVE DELEGATION, AND TO CORRECT ARCHAIC LANGUAGE.
S. 854 (Word version) -- Senator Pinckney: A BILL TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERFORMANCE OF THE REGISTER OF DEEDS' DUTIES BY A CLERK OF COURT IN CERTAIN COUNTIES, SO AS TO ADD JASPER COUNTY TO THE LIST OF THOSE COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT; AND TO AMEND SECTION 30-5-12, AS AMENDED, RELATING TO THE APPOINTMENT OF A REGISTER OF DEEDS, SO AS TO ADD JASPER COUNTY TO THE LIST OF COUNTIES IN WHICH THE GOVERNING BODY APPOINTS THE REGISTER OF DEEDS.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments:
S. 736 (Word version) -- Senators Ryberg and Peeler: A BILL TO AMEND SECTION 56-3-7780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF "VIETNAM WAR VETERANS SPECIAL LICENSE PLATES" SO AS TO PROVIDE THAT ONLY VIETNAM WAR VETERANS WHO SERVED ON ACTIVE DUTY AT ANYTIME DURING THE PERIOD OF FEBRUARY 28, 1961, TO MAY 7, 1975, MAY BE ISSUED THIS SPECIAL LICENSE PLATE.
S. 140 (Word version) -- Senators Hayes and Campsen: A BILL TO AMEND SECTION 12-6-3535, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE INCOME TAX CREDIT ALLOWED TAXPAYERS MAKING QUALIFIED REHABILITATION EXPENDITURES FOR A CERTIFIED
Rep. TRIPP asked unanimous consent to recall H. 4054 (Word version) from the Committee on Ways and Means.
Rep. COBB-HUNTER objected.
On motion of Rep. W. D. SMITH, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
S. 578 (Word version) -- Senators Martin and Ford: A BILL TO AMEND SECTION 14-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF THE COMPUTER BY A COUNTY FOR DRAWING AND SUMMONING JURORS, SO AS TO PROVIDE THAT PHYSICAL PRESENCE OF JURY COMMISSIONERS IS NOT REQUIRED, THE DRAWING AND SUMMONING MUST TAKE PLACE PUBLICLY IN THE OFFICE OF THE CLERK OF COURT, AND THE SUPREME COURT SHALL DIRECT BY ORDER APPROPRIATE PROCEDURES REQUIRED TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
Rep. PARKS asked unanimous consent to recall S. 836 (Word version) from the Committee on Ways and Means.
Rep. TRIPP objected.
Rep. HARRISON, with unanimous consent, made a statement relative to his withdrawal from the race for the SPEAKER of the House as follows:
"Mr. Speaker and ladies and gentlemen of the House, looking out at you today I see what the deceased would see at his funeral if he could
The Senate amendments to the following Bill were taken up for consideration:
S. 145 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-390, TO PROVIDE THAT NO MORE THAN ONE ARKANSAS BLUE CATFISH OVER THIRTY-FOUR INCHES MAY BE TAKEN FROM THE WATERS OF LAKES MARION AND MOULTRIE BY ANY ONE PERSON IN ONE DAY, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION APPLY TO COMMERCIAL AS WELL AS RECREATIONAL FISHERMEN.
Rep. WITHERSPOON moved to adjourn debate upon the Senate Amendments until Friday, July 15, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
H. 3296 (Word version) -- Reps. Harrell, Wilkins, Leach, Lucas, Bales, G. R. Smith, J. R. Smith, Vaughn, Battle, Cobb-Hunter, Neilson, Clark, Skelton, Kirsh, Moody-Lawrence, Rice, Harrison, Haley, Harvin, Young, Cotty, Mack, J. E. Smith, Taylor, Clemmons, Tripp, Chalk, Breeland, Limehouse, Altman, Bailey, Ballentine, Barfield, Bingham, Ceips, Chellis, Dantzler, Delleney, Duncan, Frye, Hagood, Hardwick, Herbkersman, Hinson, Huggins, Jennings, Littlejohn, Martin, McGee, Norman, Ott, Perry, E. H. Pitts, Scarborough, Sinclair, D. C. Smith, Stewart, Toole, Townsend, Umphlett, Walker, Witherspoon, Brady, Mahaffey and R. Brown: A BILL TO AMEND SECTION 12-28-1555, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE USE OF DYED MOTOR VEHICLE FUELS UNDER CERTAIN CIRCUMSTANCES, AND PENALTIES ASSOCIATED WITH VIOLATIONS OF THIS SECTION, SO AS TO PROVIDE THAT ALL FINES IMPOSED PURSUANT TO THIS SECTION MUST BE PLACED IN THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND; TO AMEND SECTION 12-28-2355, AS AMENDED, RELATING TO BOTH THE INSPECTION FEE AND THE ENVIRONMENTAL IMPACT FEE CHARGED ON PETROLEUM PRODUCTS, SO AS TO PROVIDE THAT AFTER JUNE 30, 2005, ALL FEES COLLECTED PURSUANT TO THE PROVISIONS CONTAINED IN THIS SECTION MUST BE PLACED IN THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND; TO AMEND SECTION 12-28-2720, AS AMENDED, RELATING TO THE DISTRIBUTION OF THE GASOLINE USER FEE, SO AS TO PROVIDE THAT THE FEE MUST BE PLACED IN THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND INSTEAD OF BEING TURNED OVER TO THE DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 12-28-2910, AS AMENDED, RELATING TO THE FUNDING AND FUNCTIONS OF THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO PROVIDE THAT ITS FUNDING PROVIDED FROM A PORTION OF THE GASOLINE USER FEE SHALL BE ELIMINATED OVER A FIVE-YEAR PERIOD; TO AMEND
Rep. COOPER moved to adjourn debate on the Senate Amendments, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
S. 16 (Word version) -- Senators Moore, McConnell, Elliott, Hayes, Verdin, Alexander, Fair and Knotts: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE THE OFFENSE OF MANUFACTURING OR TRAFFICKING IN METHAMPHETAMINE AS A VIOLENT CRIME; TO AMEND SECTION 44-53-110, RELATING TO DEFINITIONS FOR PURPOSES OF NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO AMEND THE DEFINITION OF "PARAPHERNALIA",
Rep. HARRISON explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3778 (Word version) -- Reps. Harrison, Wilkins, Cato, W. D. Smith, Merrill, Jennings, J. E. Smith and Chellis: A BILL TO AMEND SECTION 15-32-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON NONECONOMIC DAMAGES IN MEDICAL MALPRACTICE ACTIONS AGAINST A HEALTH CARE PROVIDER, SO AS TO INCLUDE HEALTH CARE INSTITUTIONS; TO REDESIGNATE SECTION 38-79-155 AS SECTION 38-75-775; AND TO AMEND SECTION 38-75-775, RELATING TO MEDICAL MALPRACTICE INSURANCE COVERAGE, SO AS TO CLARIFY THE PROVISIONS OF THE SECTION APPLY TO PROPERTY AND CASUALTY INSURANCE CARRIERS ISSUING MEDICAL MALPRACTICE POLICIES OF INSURANCE, TO CLARIFY THE QUALIFIED APPLICANT MUST ALSO COMPLY WITH THE PROVISIONS OF CHAPTER 75, TITLE 38, AND TO PROVIDE THAT THE PROVISIONS OF THE SECTION DO NOT MANDATE THAT AN INSURANCE COMPANY MUST WRITE MEDICAL MALPRACTICE COVERAGE.
Rep. G. M. SMITH explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 737 (Word version) -- Senator Ryberg: A BILL TO AMEND THE TITLE OF CHAPTER 2, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976; TO AMEND CHAPTER 2 OF TITLE 56, BY ADDING ARTICLE 1, SO AS TO PROVIDE FOR THE OPERATION, TITLING, AND SALE OF LOW SPEED VEHICLES; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN CERTAIN PROVISIONS THAT
Rep. W. D. SMITH moved that the House recur to the Morning Hour, which was agreed to.
The following was received:
Columbia, S.C., June 2, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3373:
H. 3373 (Word version) -- Reps. W. D. Smith, Walker, Sinclair, Davenport, Littlejohn, Mahaffey and Talley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-810 SO AS TO PROVIDE THAT THE PORTION OF ROADSIDE VEGETATION ADJACENT TO INTERSTATE HIGHWAY 26, INTERSTATE HIGHWAY 85, AND INTERSTATE HIGHWAY 585 IN SPARTANBURG COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 2, 2005
Mr. Speaker and Members of the House:
Very respectfully,
President
On motion of Rep. W. D. SMITH the invitation was accepted.
The following was received from the Senate:
Columbia, S.C., Thursday, June 2, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 286:
S. 286 (Word version) -- Senator Hawkins: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN INMAN, SOUTH CAROLINA, TO THE TOWN OF INMAN; TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF THE LOCKHART NATIONAL GUARD ARMORY TO THE TOWN OF LOCKHART; AND TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER THE OWNERSHIP OF THE JONESVILLE NATIONAL GUARD ARMORY TO THE TOWN OF JONESVILLE.
and asks for a Committee of Conference and has appointed Senators Hawkins, Peeler and Ritchie of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. DAVENPORT, ANTHONY and LEE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 905 (Word version) -- Senator Short: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE ALONG SOUTH CAROLINA HIGHWAY 215 THAT CROSSES THE CSX RAILROAD TRACKS IN UNION COUNTY THE "LOUIE JACOB DEHART MEMORIAL BRIDGE" AND ERECT APPROPRIATE SIGNS OR MARKERS AT THIS BRIDGE THAT CONTAIN THE WORDS "LOUIE JACOB DEHART MEMORIAL BRIDGE".
On motion of Rep. LEACH, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:
S. 905 (Word version) -- Senator Short: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE ALONG SOUTH CAROLINA HIGHWAY 215 THAT CROSSES THE CSX RAILROAD TRACKS IN UNION COUNTY THE "LOUIE JACOB DEHART MEMORIAL BRIDGE" AND ERECT APPROPRIATE SIGNS OR MARKERS AT THIS BRIDGE THAT CONTAIN THE WORDS "LOUIE JACOB DEHART MEMORIAL BRIDGE".
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following was introduced:
H. 4276 (Word version) -- Rep. Allen: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR LEROY N. CHAPMAN, JR., OF GREENVILLE COUNTY FOR HIS OUTSTANDING CONTRIBUTIONS TO THE FIELD OF JOURNALISM AND TO THE GREENVILLE COMMUNITY AND TO EXTEND TO HIM BEST WISHES IN ALL HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4277 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 43, TITLE 40 TO ENACT THE "WHOLESALE LICENSURE AND PRESCRIPTION MEDICATION INTEGRITY ACT" SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF RESIDENT AND NONRESIDENT WHOLESALE DISTRIBUTORS OF PRESCRIPTION DRUGS IN THIS STATE; TO PROVIDE CRITERIA FOR LICENSURE, INCLUDING CRIMINAL RECORD CHECKS AND A ONE HUNDRED THOUSAND DOLLAR BOND; TO ESTABLISH PROCEDURES FOR DISTRIBUTING PRESCRIPTION DRUGS, FOR RECEIVING RETURNS AND EXCHANGES, AND FOR MAINTAINING INFORMATION ON EACH SALE IN THE CHAIN OF DISTRIBUTION OF THE DRUG; AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS; AND TO DIRECT THE STATE BOARD OF PHARMACY TO CONDUCT A STUDY TO DETERMINE AN IMPLEMENTATION DATE FOR REQUIRING ELECTRONIC FILES ON SALES IN THE CHAIN OF DISTRIBUTION OF DRUGS; AND TO DESIGNATE SECTIONS 40-43-10 THROUGH 40-43-170 AS ARTICLE 1 OF CHAPTER 43, TITLE 40, ENTITLED "PHARMACY PRACTICE ACT".
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 4279 (Word version) -- Reps. Walker and Townsend: A BILL TO AMEND SECTION 59-18-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION ACCOUNTABILITY ACT DEFINITIONS, SO AS TO DEFINE CERTAIN ADDITIONAL TERMS; TO AMEND SECTION 59-18-310, RELATING TO THE ADOPTION OF A STATEWIDE ASSESSMENT PROGRAM, SO AS TO PROVIDE ADDITIONAL TESTING FOR HIGH SCHOOL STUDENTS, PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL CREATE A STATEWIDE ADOPTION LIST OF FORMATIVE ASSESSMENTS ALIGNED WITH THE STATE CONTENT STANDARDS AND SATISFYING PROFESSIONAL MEASUREMENT STANDARDS IN ACCORDANCE WITH CRITERIA JOINTLY DETERMINED BY THE EDUCATION
S. 723 (Word version) -- Senator Campsen: A BILL TO AMEND SECTIONS 12-24-10 AND 12-24-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO RECORDING OF DEEDS, SO AS TO PROVIDE THAT AN INSTRUMENT ALIENATING REALTY TO THE DISTRIBUTEE OF AN ESTATE IS NOT A DEED REQUIRING A RECORDING FEE OR AN AFFIDAVIT.
Referred to Committee on Judiciary
The following was introduced:
H. 4278 (Word version) -- Reps. G. M. Smith, Weeks, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO HONOR AND RECOGNIZE M. LEE MCCALL OF SUMTER COUNTY FOR HIS OUTSTANDING SERVICE TO THE SOUTH CAROLINA DEPARTMENT OF VOCATIONAL REHABILITATION UPON THE OCCASION OF HIS RETIREMENT AND TO EXTEND TO HIM BEST WISHES IN ALL HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The Senate amendments to the following Bill were taken up for consideration:
S. 140 (Word version) -- Senators Hayes and Campsen: A BILL TO AMEND SECTION 12-6-3535, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE INCOME TAX CREDIT ALLOWED TAXPAYERS MAKING QUALIFIED REHABILITATION EXPENDITURES FOR A CERTIFIED HISTORIC STRUCTURE IN THIS STATE, TO EXTEND THE CREDIT TO LICENSE TAXES AND TO CLARIFY THE APPLICATION OF THE CREDIT TO PASS-THROUGH ENTITIES; TO AMEND SECTION 12-43-215, RELATING TO VALUATION OF OWNER-OCCUPIED RESIDENTIAL PROPERTY FOR AD VALOREM TAX PURPOSES, SO AS TO PROVIDE FOR THE VALUATION TO BE CONSIDERED BY AN ASSESSOR WHEN THE VALUE OF THE PROPERTY ASSESSMENT IS APPEALED.
Rep. COOPER explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
S. 659 (Word version) -- Senators Campsen, Scott, Alexander, Ryberg, J. V. Smith, Mescher, Drummond, Knotts, Malloy, Bryant, Elliott, Grooms, Cromer, Hutto, Sheheen, Pinckney, Verdin, Short, Leventis, Hawkins, Fair, O'Dell, McGill and Peeler: A BILL TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO REVISE THE PROCEDURES TO RENEW A CONCEALABLE WEAPONS PERMIT.
Rep. M. A. PITTS explained the Senate Amendments.
The Senate amendments to the following Bill were taken up for consideration:
S. 736 (Word version) -- Senators Ryberg and Peeler: A BILL TO AMEND SECTION 56-3-7780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF "VIETNAM WAR VETERANS SPECIAL LICENSE PLATES" SO AS TO PROVIDE THAT ONLY VIETNAM WAR VETERANS WHO SERVED ON ACTIVE DUTY AT ANYTIME DURING THE PERIOD OF FEBRUARY 28, 1961, TO MAY 7, 1975, MAY BE ISSUED THIS SPECIAL LICENSE PLATE.
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
The following was received:
Columbia, S.C., June 2, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 165:
S. 165 (Word version) -- Senators Elliott, Hayes, Alexander, Fair and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1636 SO AS TO PROVIDE THAT A PERSON LICENSED FOR SALE AND USE FOR ON-PREMISES CONSUMPTION SHALL PURCHASE ALCOHOLIC LIQUOR FOR SALE BY THE DRINK FROM A LICENSED RETAIL DEALER WITH A WHOLESALER'S BASIC PERMIT ISSUED PURSUANT TO THE FEDERAL ALCOHOL ADMINISTRATION ACT IN ANY SIZE BOTTLE, EXCEPT 1.75 LITER SIZE BOTTLES AND PROVIDE THAT A LICENSED RETAIL DEALER WITH A WHOLESALER'S BASIC PERMIT ISSUED PURSUANT TO THE FEDERAL ALCOHOL ADMINISTRATION ACT MAY DELIVER TO A PERSON
Very respectfully,
President
Received as information.
The following was received from the Senate:
Columbia, S.C., June 2, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3905:
Very respectfully,
President
On motion of Rep. CHELLIS, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. CHELLIS, KIRSH and BARFIELD to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The SPEAKER announced that nominations were in order for a Speaker of the House of Representatives.
Rep. LEACH nominated Rep. Robert W. Harrell as follows:
"Mr. Speaker, ladies and gentlemen of the House, Cathy, Trey, John, Charlotte, Bob and Charlotte Harrell, and distinguished guests, it is my great honor and privilege to nominate Bobby Harrell for Speaker of the House. This day marks an exciting and difficult time for South Carolina.
We have lost a great Speaker, a man who has led with steady hand for more than a decade. Now we need a Speaker who can carry on his tradition of leadership. We need a fair and honest leader, a proven unifier who can reach across party lines. I firmly believe that person is Bobby Harrell. Bobby has been one of the most dedicated, hardworking House members since he was first elected in 1994.
He has earned several positions of leadership. Members of the House have watched him develop as a person and gain credibility as a leader. In 1997, he was elected as House Majority Leader where he served until being appointed as Chairman of the House Ways and Means Committee in 1999.
In the past six years as chairman, he has shepherded legislation of major importance to our State, has led the budget process fairly through both prosperous and difficult times. This year, under his leadership, the budget passed unanimously for the first time in more than twenty-five years. Clearly Bobby understands what it takes to make this Body work and how to get results.
I have seen first hand that Bobby is a man of personal integrity, unspeakable character and unwavering faith. He is a straight shooter with strong convictions, who is also willing to listen to different views. He is honorable, goal-oriented and treats others with kindness and genuine respect.
Bobby Harrell is a man of tested ability, sound judgment and keen perception. Bobby works tirelessly to serve all the people of South Carolina. He has the best interest of our State at heart. In addition to his commitment to the citizens of the State of South Carolina, Bobby also is devoted to his community and his family.
My fellow House members, if you cast your vote in this coming moment, I encourage you to do so for my friend and our colleague. I thank you and may God bless our decisions and efforts to serve the people of South Carolina. Mr. Speaker, I move that the nominations be closed and Bobby Harrell be elected by acclamation."
Rep. LEACH asked that the vote be taken by acclamation.
Rep. TRIPP objected.
The Reading Clerk of the House called the roll of the House, and the Members voted viva voce as their names were called.
Those who voted in the affirmative are:
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 Haskins Hayes Herbkersman Hinson Hiott Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Leach Lee Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Umphlett Vaughn Vick Viers
Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Tripp
STATEMENT FOR THE JOURNAL
Article III, Section 20 of the South Carolina Constitution states that "In all elections by the General Assembly or either House thereof, the members shall vote "viva voce", except by unanimous consent, and their votes thus given shall be entered upon the Journal of the House.
I am exercising my right as a Member of the South Carolina House of Representatives to object to the unanimous consent election of Bobby Harrell as Speaker of the South Carolina House of Representatives.
I am taking a principled vote against an unprincipled leader--a leader who has personally threatened me with retribution in the budget on two occasions. My "NO" vote on Bobby Harrell's election to Speaker is a symbolic vote on behalf of all the people who were directly threatened or who feared retribution in this race for Speaker. My "NO" vote on Bobby Harrell is also a principled vote against someone who represents what Ronald Reagan described as the "pale pastels" of the Republican Party rather than the "bright, bold colors" that we ought to be.
Rep. Dan Tripp
Total number of Representatives voting 120
Necessary to a choice 61
Of which Harrell received 119
Whereupon, the SPEAKER announced that SPEAKER-ELECT ROBERT W. HARRELL was duly elected for the term prescribed by law.
The SPEAKER appointed Reps. MERRILL, YOUNG, MACK and OTT to escort the SPEAKER-ELECT to the desk where the oath of office was administered unto him effective as of June 21, 2005 by the SPEAKER.
The SPEAKER-ELECT thereupon took the Chair and addressed the House as follows:
"I am more overcome than I anticipated being here quite frankly. Mr. Speaker, ladies and gentlemen of the House, thank you. Thank you very much. I am in awe of this great institution and the trust you have placed in me. This means more to me than I can express to you. I really just want to say thank you. Thank you to God who has blessed me so wonderfully. Thank you to my family, many of whom are here, my mom and my dad, Bob and Charlotte Harrell, my brother, John, my children, Trey and Charlotte, and to the most beautiful woman I know - my wife Cathy.
Thank you Bob Leach for nominating me and saying so many nice things. Thank you Annette Young. I have told people for weeks, no one counts votes as good as you do. Thank you Harry Ott and David Mack. You made this bipartisan effort and I deeply appreciate it. Thank you to the team of folks who worked so hard as we worked our way through this painful process. Thank you David Wilkins. You leave me big shoes to fill. I hope I can grow into them.
The last few weeks have been a very difficult and tense time for this House. It says in Ecclesiastes, for every thing there is a season and a time to every purpose under heaven, to paraphrase, a time to do battle and a time to heal. Ladies and gentlemen, now is the time to heal. As tough as this selection has been, the bottom line is that we were all friends before it started and we must all remain friends now that it is over.
I want to express my appreciation to Harry Cato, Doug Jennings, Doug Smith and Jim Harrison for their efforts to lead this House and their willingness to serve this State. All four are men of integrity and our State is fortunate to have them. Jim Harrison, I do not know what to say. Your speech a little while ago was about the classiest thing I have seen anybody do in a long time. I deeply appreciate it.
Late last night, I realized that today this might actually happen. I thought about what I might say. It occurred to me that this is really David Wilkins' day and that is where the attention should be as we wind down this Session. David, thank you for your friendship and for your leadership. You have been a mentor and a friend to me since I got
Today my remarks are brief. I didn't want to tempt fate by spending much time on a speech. There will be plenty of time for speeches in January. Between now and then I plan to sit down and talk with many Members of our House from both sides of the aisle. Whether you are a Republican or a Democrat, or black or white, or male or female, we all want the best for people of our State. We need to formulate a plan where we believe South Carolina needs to go from here and how we intend to get there. Then we need to make it happen.
I am looking forward to working with each of you in the years to come. Thank you again for this honor you have bestowed upon me. It means more to me than I can tell you. Thank you and God bless you."
Rep. TOWNSEND 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 SPEAKER granted Rep. HARDWICK a leave of absence for the remainder of the day.
The following was received:
Columbia, S.C., June 2, 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. 737:
S. 737 (Word version) -- Senator Ryberg: A BILL TO AMEND THE TITLE OF CHAPTER 2, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976; TO AMEND CHAPTER 2 OF TITLE 56, BY ADDING ARTICLE 1, SO AS TO PROVIDE FOR THE OPERATION, TITLING, AND SALE OF LOW SPEED VEHICLES; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN CERTAIN PROVISIONS THAT PERTAIN TO THE ISSUANCE OF DRIVER'S LICENSES, SO AS
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 2, 2005
The Senate respectfully informs your Honorable Body that it reconsiders nonconcurrence and concurs in the amendments proposed by the House to H. 3905:
H. 3905 (Word version) -- Rep. Chellis: A BILL TO AMEND CHAPTER 7 OF TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE AUDITOR, SO AS TO FURTHER PROVIDE FOR THE RESPONSIBILITIES, DUTIES, AND OVERSIGHT FUNCTIONS OF THE STATE AUDITOR INCLUDING THE USE OF INDEPENDENT ACCOUNTING FIRMS AND GENERALLY ACCEPTED AUDITING STANDARDS TO PERFORM AUDITS OF STATE AGENCIES AND ENTITIES, THE STATE'S FINANCIAL STATEMENTS, FEDERAL PROGRAM COMPLIANCE, AND LOCAL GOVERNMENT COMPLIANCE IN COLLECTING AND REMITTING FINES, AND TO PROVIDE FOR DISSEMINATION OF AUDIT REPORTS, INDEPENDENCE AND OBJECTIVITY OF THE AUDIT FUNCTION, AND THE USE OF A CERTIFIED PUBLIC ACCOUNTING FIRM TO CONDUCT A PORTION OF THE AUDIT OF THE STATE'S COMPREHENSIVE ANNUAL FINANCIAL REPORT, THE COST OF WHICH IS SHARED EQUITABLY AMONG STATE AGENCIES; TO AMEND SECTIONS 1-11-20, RELATING TO DIVISIONS OF THE BUDGET AND CONTROL BOARD; 2-7-62 AND 2-7-69, BOTH RELATING TO REPORTS MADE IN CONNECTION WITH THE
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., Thursday, June 2, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 133, H. 3932 by a vote of 41 to 4:
H. 3932 (Word version) -- Reps. Harrell, Wilkins and Chellis: AN ACT TO AMEND AND REENACT CERTAIN PROVISIONS OF SECTION 11-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE SPECIFIC DEFINITIONS; TO AMEND SECTION 11-41-40, RELATING TO THE ISSUANCE OF THESE ECONOMIC DEVELOPMENT BONDS, SO AS TO FURTHER PROVIDE FOR THE MANNER OF SUCH ISSUANCE; TO AMEND AND REENACT SECTION 11-41-70, AS AMENDED, RELATING TO BOND NOTIFICATION AND OTHER REQUIREMENTS FOR THE ISSUANCE OF THESE BONDS, SO AS TO MAKE CONFORMING CHANGES TO THE DEFINITION REVISIONS CONTAINED ABOVE AND TO FURTHER PROVIDE THE TERMS AND CONDITIONS FOR THE ISSUANCE OF THESE BONDS; AND TO PROVIDE FINDINGS OF THE GENERAL ASSEMBLY THAT THE FUNDING OF THESE PROJECTS WITH THESE BONDS SERVES A VALID PUBLIC PURPOSE AND BENEFITS THIS STATE WITH SUBSEQUENT ECONOMIC AND EMPLOYMENT BENEFITS.
The following was received:
Columbia, S.C., June 2, 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 Alexander, Ryberg and Setzler of the Committee of Free Conference on the part of the Senate on S. 618:
S. 618 (Word version) -- Senators Alexander, Setzler, Short, Verdin and Knotts: A BILL TO ENACT THE STATE RETIREMENT SYSTEM PRESERVATION AND INVESTMENT REFORM ACT BY AMENDING SECTION 9-1-1790, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EARNING LIMIT APPLICABLE TO RETIRED MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO RETURN TO COVERED EMPLOYMENT, SO AS TO REQUIRE THESE MEMBERS TO PAY THE EMPLOYEE CONTRIBUTION FOR ACTIVE MEMBERS; BY AMENDING SECTION 8-11-620, AS AMENDED, RELATING TO LUMP SUM PAYMENTS FOR ANNUAL LEAVE FOR STATE EMPLOYEES, SO AS TO POSTPONE THIS LUMP SUM FOR TERI PARTICIPANTS UNTIL THE EMPLOYEE ENDS TERI PARTICIPATION; BY AMENDING SECTION 9-1-2210, RELATING TO THE TERI PROGRAM, SO AS TO REQUIRE TERI PROGRAM PARTICIPANTS TO PAY THE EMPLOYEE CONTRIBUTION FOR ACTIVE MEMBERS, TO DELAY UNTIL A MEMBER ENDS PARTICIPATION THE INCLUSION OF THE APPLICABLE AMOUNT OF THE MEMBERS UNUSED ANNUAL LEAVE IN THE CALCULATION OF AVERAGE FINAL COMPENSATION, TO PROVIDE FOR THE RECALCULATION OF AVERAGE FINAL COMPENSATION WHEN THE MEMBER ENDS PARTICIPATION IN TERI FOR PURPOSES OF THE MEMBERS' FUTURE RETIREMENT BENEFITS OR OF A BENEFICIARY OF FUTURE BENEFITS ON THE DEATH OF A TERI PARTICIPANT WHO ELECTED A SURVIVOR OPTION, TO PROVIDE THAT A TERI PARTICIPANT
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 2, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 113, S. 97 by a vote of 32 to 13:
Very respectfully,
President
Received as information.
The SPEAKER ordered the following veto printed in the Journal:
June 1, 2005
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202
Dear Mr. President and Members of the Senate:
I am hereby returning without my approval S. 97 (Word version), R. 113.
This veto is based on my ultimate belief in the basic protection of property rights. This legislation significantly expands the purposes by which counties and municipalities can exercise eminent domain without the consent of the property owner. Though local governments have and continue to have the power to condemn abandoned or blighted property, this legislation empowers counties to include properties which may be blighted on several grounds not typically allowed under current practice. For instance, if agricultural land rental rates, depopulation of a county, or static per capita income serve as reasons that a county or municipal government may incorporate land into a redevelopment zone. These reasons have nothing to do with
Sincerely,
Mark Sanford
Governor
The Veto on the following Act was taken up:
(R113) S. 97 (Word version) -- Senators Land, Elliott and Ford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-7-25 SO AS TO PROVIDE ADDITIONAL FINDINGS OF THE GENERAL ASSEMBLY WITH RESPECT TO PROPERTY AVAILABLE FOR REDEVELOPMENT FOR PURPOSES OF THE TAX INCREMENT FINANCING ACT FOR COUNTIES; AND BY ADDING SECTION 37-1-130 SO AS TO PROVIDE THAT THE AMENDED TAX INCREMENT FINANCING ACT FOR COUNTIES DOES NOT RELIEVE A GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDER FROM LAWS REGULATING SUCH PROVIDERS; TO AMEND SECTION 31-7-20, RELATING TO EXISTING FINDINGS FOR PURPOSES OF THE ACT, SO AS TO EXTEND EXISTING FINDINGS WITH RESPECT TO THE ACT; TO AMEND SECTION 31-7-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE ACT, SO AS TO REVISE APPLICABLE DEFINITIONS TO EXTEND THE APPLICATION OF THE ACT TO MORE AREAS, INCLUDING RURAL AREAS, AND ADD ADDITIONAL
Rep. HERBKERSMAN explained the Veto.
Rep. LOFTIS spoke in favor of the Veto.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Anthony Bales Bowers Brady Branham Breeland G. Brown R. Brown Cato Ceips Chalk Clyburn Cobb-Hunter Cotty Dantzler Delleney Duncan Emory Funderburk Govan Harrison J. Hines Hosey Jefferson Lucas McCraw McLeod Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Pinson M. A. Pitts Rhoad Scott Skelton G. M. Smith G. R. Smith J. E. Smith Umphlett Vick Viers Weeks Wilkins
Those who voted in the negative are:
Altman Bailey Ballentine Barfield Bingham Chellis Clark Clemmons Coates Davenport Edge Frye Hagood Haley Haskins Herbkersman Hinson Hiott Huggins Jennings Kennedy Kirsh Leach Loftis Mahaffey Martin McGee Merrill Norman Perry Rice Sandifer Scarborough Simrill Sinclair D. C. Smith
J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Vaughn Walker White Whitmire Witherspoon Young
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Rep. WILKINS, with unanimous consent, made a statement relative to his service as SPEAKER of the House of Representatives as follows.
I always knew this day would come. But I never really reconciled myself to it - until now. I guess I never wanted it to come.
But it has.
And now it's time to say goodbye.
I'm really going to miss all of you.
In early March of this year, I received the call from the White House informing me the President wanted me to serve as our country's Ambassador to Canada. On that very day, Reverend Seastrunk opened up our session with the 34th Psalm, verse four: "I prayed to the Lord and he answered me. He freed me from all my fears."
God has perfect timing and I'm confident he sent me the sign I needed right when I needed it.
Leaving all of you - and this institution I have loved so much for so long - is truly an act of faith. It comes on the heels of much prayer and careful consideration. But I know it's the right decision for Susan and me.
It's time to move on. And it's time for all of you to let me go. (For some I suspect that will be a lot easier than for others!)
It's been said, "Life is a daring adventure or nothing at all." Well, this is about as daring as it gets for Susan and me.
Rep. J. R. SMITH moved to reconsider the vote whereby the Veto on the following Act was sustained:
(R113) S. 97 (Word version) -- Senators Land, Elliott and Ford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-7-25 SO AS TO PROVIDE ADDITIONAL FINDINGS OF THE GENERAL ASSEMBLY WITH RESPECT TO PROPERTY AVAILABLE FOR REDEVELOPMENT FOR PURPOSES OF THE TAX INCREMENT FINANCING ACT FOR COUNTIES; AND BY ADDING SECTION 37-1-130 SO AS TO PROVIDE THAT THE AMENDED TAX INCREMENT FINANCING ACT FOR COUNTIES DOES NOT RELIEVE A
Rep. SANDIFER moved to table the motion to reconsider, which was not agreed to by a division vote of 14 to 34.
The question then recurred to the motion to reconsider, which was agreed to.
Rep. LOFTIS spoke in favor of the Veto.
Rep. J. R. SMITH spoke against the Veto.
The SPEAKER granted Rep. W. D. SMITH a leave of absence for the remainder of the day.
Rep. COTTY spoke against the Veto.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Altman Anderson Anthony Bales Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Davenport Delleney Duncan Emory Frye Funderburk Hagood Haley Hamilton Harrison Haskins Hayes Herbkersman J. Hines Hiott Hosey Howard
Huggins Jefferson Jennings Kennedy Leach Limehouse Lucas Mack Mahaffey Martin McCraw McGee McLeod Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rice Rivers Rutherford Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith Stewart Talley Taylor Thompson Toole Townsend Vick Weeks Whipper Wilkins Witherspoon
Those who voted in the negative are:
Bailey Barfield Clemmons Dantzler Edge Hinson Kirsh Littlejohn Moody-Lawrence Norman Rhoad Simrill Tripp Walker White Young
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Rep. COOPER 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. 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
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anthony Bailey Bales Ballentine Barfield Bingham Bowers Brady Branham Breeland G. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Duncan Edge Emory Funderburk Hagood Haley Haskins Hayes Herbkersman J. Hines Hinson Hiott Hosey Howard Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Lucas Mack Mahaffey Martin McCraw McGee McLeod Miller Moody-Lawrence J. M. Neal Neilson Norman Ott Owens Parks Perry Pinson M. A. Pitts Rhoad Rice Rivers Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. R. Smith J. E. Smith J. R. Smith Stewart Talley Taylor Toole Townsend Umphlett Vick Viers
Walker Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
J. Brown Huggins J. H. Neal E. H. Pitts G. M. Smith Thompson Tripp 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. COOPER, KIRSH and YOUNG to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
S. 618 -- Free Conference Report
The General Assembly, Columbia, S.C., June 1, 2005
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 618 (Word version) -- Senators Alexander, Setzler, Short, Verdin and Knotts: A BILL TO ENACT THE STATE RETIREMENT SYSTEM PRESERVATION AND INVESTMENT REFORM ACT BY AMENDING SECTION 9-1-1790, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EARNING LIMIT APPLICABLE TO RETIRED MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO RETURN TO COVERED EMPLOYMENT, SO AS TO REQUIRE THESE MEMBERS TO PAY THE EMPLOYEE CONTRIBUTION FOR ACTIVE MEMBERS; BY AMENDING SECTION 8-11-620, AS AMENDED, RELATING TO LUMP-SUM PAYMENTS FOR ANNUAL LEAVE FOR STATE EMPLOYEES, SO AS TO POSTPONE THIS LUMP SUM FOR TERI PARTICIPANTS
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. This act may be cited as the State Retirement System Preservation and Investment Reform Act.
SECTION 1. A. Section 8-11-620(A) of the 1976 Code, as 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, not to exceed forty-five working days, except as provided for in Section 8-11-610.
(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
(4) No lump-sum for unused leave of a state employee must be paid following the termination for any reason from state employment of that employee if, while employed, that employee received a service retirement benefit on account of previous service under retirement systems established in Chapters 1 and 11 of Title 9."
B. The provisions of Section 8-11-620(A) of the 1976 Code, as amended by this act, apply for employees beginning participation in the TERI program after June 30, 2005, and retirees hired by the State after June 30, 2005.
SECTION 2. Section 9-1-2210 of the 1976 Code, as added by Act 1 of 2001, is 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 interest is paid on the member's deferred monthly benefit placed in the system's trust fund during the specified program period.
(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
(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 program period. The program participant is thereafter subject to the earnings limitation of Section 9-1-1790.
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
(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. The survivor benefit 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.
(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 3. 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."
C. Notwithstanding the provisions of Section 9-1-2210(E) of the 1976 Code, as amended by this part, the provisions of Section 8-17-370(17) of the 1976 Code, as added by subsection B. of this section, apply for
SECTION 4. The third undesignated paragraph of Section 9-1-1020 of the 1976 Code, as last amended by Act 475 of 1988, is further amended to read:
"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 5. A. Article 9, Chapter 1 of 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
(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 effective July 1, 2006.
SECTION 6. 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
(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 7. 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, regardless of
(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.
(D) A retired member of the South Carolina Retirement System who is not a member of the Police Officers Retirement System, but is employed in a position that would otherwise be covered by the Police Officers Retirement System, shall not join the Police Officers Retirement System but, notwithstanding any other provision of law, that member is deemed a retired contributing member of the South Carolina Retirement System and shall remit the employee contributions required under subsection (C) of this section to the South Carolina Retirement System and the employer shall remit to the South Carolina Retirement System the employer contribution required by subsection (B). An employer who hires a retiree of the South Carolina Retirement System pursuant to this subsection shall elect to participate as an employer in the South Carolina Retirement System."
SECTION 8. 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. In considering this additional increase, the board shall consider unrealized investment gains and losses.
(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 must be granted to these beneficiaries in receipt of a retirement allowance on July first immediately preceding the effective date of the increase. Any increase in allowances is effective only if the additional liabilities because of the increase in allowances do not require an increase in the total employer rate of contribution. Any increase in allowance granted pursuant to this section must be included in the determination of any subsequent increases, irrespective of any subsequent decrease in the Consumer Price Index.
(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 9. Section 9-11-90(4) 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:
"(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 item and item (b) of this subsection.
(d) A retired member of the Police Officers Retirement System who is not a member of the South Carolina Retirement System, but is
SECTION 10. Section 9-11-120 of the 1976 Code, as last amended by Act 1 of 2001, is further amended to read:
"(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 state departments, agencies, or 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 by written application of such the employer. Applications shall be are an irrevocable commitment to participate under the program. For applications received by the system prior to October 1, 1968, the effective date of the coverage shall be July 1, 1968. For all other Applications the are effective date shall be July first next following the date of receipt by the system of the application.
(C)(1) Upon proof satisfactory to the board of the death of: (a) a contributing member in service after completion of at least one full year of membership 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, whose employer is participating in the program,; 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, pursuant to Section 9-11-110, 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 compensation of the member at the time his death
(2) For purposes of this section a member described in item (1)(a) of this subsection 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 section, a member described in item (1)(b) of this subsection 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) Notwithstanding any other provision of law, contributions to support the Preretirement Death Benefit Program shall be must be made by participating employers to a separate account. The contributions shall commence on the July first following the effective date of coverage and shall be must equal to one percent of the compensation of eligible members, provided that such this rate of contribution shall be is subject to periodic adjustment on the basis of actual experience and the recommendation of the actuary. All death benefit payments made under this program shall be are a charge against this account.
(E) The board is authorized may take such the action as may be necessary to provide the death benefits 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.
(F) Upon the death of a retired member on or after July 1, 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 two thousand dollars if the retired member had ten years of creditable service but less than twenty years, four thousand dollars if the retired member had twenty years of creditable service but less than twenty-five, and six thousand dollars if the retired member had at least twenty-five years of creditable service
SECTION 1. 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."
SECTION 2. 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."
SECTION 3. 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)."
SECTION 4. 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."
SECTION 5. Sections 9-1-220 and 9-9-35 of the 1976 Code are repealed.
SECTION 6. 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.
SECTION 1. A. Section 9-1-1310 of the 1976 Code, as last amended by Act 371 of 1998, is further amended to read:
"Section 9-1-1310. (A) The board is the trustee of the funds of the retirement system, as 'retirement system' is defined in Section
(B) Except where not allowed pursuant to Sections 11 and 16, Article X of the Constitution of this State and Chapter 16 of this title, the funds of the system may be invested in, including but not limited to, the following:
(1) bonds of this State, other states of the United States, the United States, or any political subdivisions or agencies thereof;
(2) banks and savings and loan institutions;
(3) top-rated commercial paper;
(4) funds of funds;
(5) foreign certificates of deposit;
(6) short-term debt;
(7) investment trust securities;
(8) real estate securities;
(9) foreign fixed-income obligations;
(10) futures and options regulated by the United States Securities and Exchange Commission;
(11) private equity;
(12) domestic and foreign group trusts;
(13) investment vehicles of Federal Deposit Insurance Corporation approved institutions;
(14) bonds of foreign countries designated industrialized by the International Monetary Fund;
(15) collateralized mortgage obligations;
(16) World Bank bonds;
(17) debt of the United States or Canadian corporations;
(18) equipment trust debt;
(19) purchase money mortgages received for real estate;
(20) real estate investment trusts; and
(21) investments allowed pursuant to Section 11-9-660 and equity investments as allowed pursuant to Section 16, Article X of the Constitution of this State.
(C) The funds and assets of the various state retirement systems are not funds of the State, but are instead held in trust as provided in Section 9-16-20."
B. Section 9-1-1340 of the 1976 Code is amended to read:
"Section 9-1-1340. Except as otherwise herein provided in this chapter or in Chapters 8, 9, and 11 of this title, no member of or person employed by the Board Retirement System Investment Commission shall have any direct interest in the gains or profits of any investment made by the Board commission. No Board commission member or employee of the Board commission shall, directly or indirectly, for himself or as an agent in any manner use the funds of the Board commission except to make such current and necessary payments as are authorized by the board or commission. Nor shall any member or employee of the Board commission become an endorser or surety or in any manner an obligor for moneys monies loaned or borrowed from the Board commission."
C. Sections 9-8-160, 9-9-150, and 9-11-240 of the 1976 Code are repealed.
SECTION 2. Article 1, Chapter 16, Title 9 of the 1976 Code, as added by Act 371 of 1998, is amended to read:
Section 9-16-10. As used in this chapter, unless a different meaning is plainly required by the context:
(1) 'Assets' means all funds, investments, and similar property of the retirement system.
(2) 'Beneficiary' means a person, other than the participant, who is designated by a participant or by a retirement program to receive a benefit under the program.
(3) 'Board' means the State Budget and Control Board acting as trustee of the retirement system.
(3.5) 'Commission' means the Retirement System Investment Commission.
(4) 'Fiduciary' means a person who:
(a) exercises any authority to invest or manage assets of a system;
(b) provides investment advice for a fee or other direct or indirect compensation with respect to assets of a system or has any authority or responsibility to do so; or
(c) is a member of the State Budget and Control Board when it acts as trustee for the retirement system. is a member of the commission; or
(d) is the commission's chief investment officer.
(5) 'Participant' means an individual who is or has been an employee enrolled in a retirement program and who is or may become eligible to receive or is currently receiving a benefit under the program. The term does not include an individual who is no longer an employee of an employer as defined by laws governing the retirement system and who has withdrawn his contributions from the retirement system.
(6) [Reserved] "Panel" means the State Retirement Systems Investment Panel established pursuant to Section 9-16-310.
(7) 'Retirement program' means a program of rights and obligations which a retirement system establishes or maintains and which, by its express terms or as a result of surrounding circumstances:
(a) provides retirement benefits to qualifying employees and beneficiaries; or
(b) results in a deferral of income by employees for periods extending to the termination of covered employment or beyond.
(8) 'Retirement system' means the South Carolina Retirement System, Retirement System for Judges and Solicitors, Retirement System for Members of the General Assembly, and Police Officers Retirement System established pursuant to Chapters 1, 8, 9, and 11 of this title.
(9) 'Trustee' means the State Budget and Control Board.
Section 9-16-20. (A) All assets of a retirement system are held in trust. The trustee commission has the exclusive authority, subject to this chapter and Section 9-1-1310, to invest and manage those assets.
(B) If the retirement system invests in a security issued by an investment company registered under the Investment Company Act of 1940 (15 U.S.C. Section 80a-1, et seq.), the assets of the system include the security, but not assets of the investment company.
Section 9-16-30. (A) The trustee commission may delegate functions that a prudent trustee person acting in a like capacity and
(B) The trustee commission shall exercise reasonable care, skill, and caution in:
(1) selecting an agent;
(2) establishing the scope and terms of the delegation, consistent with the purposes and terms of the retirement program; and
(3) periodically reviewing the agent's performance and compliance with the terms of the delegation.
(C) In performing a delegated function, an agent owes a duty to the retirement system and to its participants and beneficiaries to comply with the terms of the delegation and, if a fiduciary, to comply with the duties imposed by Section 9-16-40.
(D) A trustee commission member who complies with subsections (A) and (B) is not liable to the retirement system or to its participants or beneficiaries for the decisions or actions of the agent to whom the function was delegated.
(E) By accepting the delegation of a function from the trustee commission, an agent submits to the jurisdiction of the courts of this State.
(F) A trustee The commission may limit the authority of an agent to delegate functions under this section.
Section 9-16-40. A trustee, commission member, or other fiduciary shall discharge duties with respect to a retirement system:
(1) solely in the interest of the retirement systems, participants, and beneficiaries;
(2) for the exclusive purpose of providing benefits to participants and beneficiaries and paying reasonable expenses of administering the system;
(3) with the care, skill, and caution under the circumstances then prevailing which a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an activity of like character and purpose;
(4) impartially, taking into account any differing interests of participants and beneficiaries;
(5) incurring only costs that are appropriate and reasonable; and
(6) in accordance with a good faith interpretation of this chapter.
Section 9-16-50. (A) In investing and managing assets of a retirement system pursuant to Section 9-16-40, the trustee commission:
(1) shall consider among other circumstances:
(a) general economic conditions;
(b) the possible effect of inflation or deflation;
(c) the role that each investment or course of action plays within the overall portfolio of the retirement system;
(d) needs for liquidity, regularity of income, and preservation or appreciation of capital; and
(e) the adequacy of funding for the plan based on reasonable actuarial factors;
(2) shall diversify the investments of the retirement system unless the trustee commission reasonably determines that, because of special circumstances, it is clearly prudent not to do so;
(3) shall make a reasonable effort to verify facts relevant to the investment and management of assets of a retirement system;
(4) may invest in any kind of property or type of investment consistent with this chapter and Section 9-1-1310;
(5) may consider benefits created by an investment in addition to investment return only if the trustee commission determines that the investment providing these collateral benefits would be prudent even without the collateral benefits.
(B) The trustee commission shall adopt a statement of investment objectives and policies for the retirement system. The statement must include the desired rate of return on assets overall, the desired rates of return and acceptable levels of risk for each asset class, asset-allocation goals, guidelines for the delegation of authority, and information on the types of reports to be used to evaluate investment performance. At least annually, the trustee commission shall review the statement and change or reaffirm it. The relevant portion of this statement may constitute parts of the annual investment plan required pursuant to Section 9-16-330.
Section 9-16-60. (A) Compliance by the trustee, commission, or other fiduciary with Sections 9-16-30, 9-16-40, and 9-16-50 must be determined in light of the facts and circumstances existing at the time of the trustee's, commission's, or fiduciary's decision or action and not by hindsight.
(B) The trustee's commission's investment and management decisions must be evaluated not in isolation but in the context of the trust portfolio as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the retirement system.
Section 9-16-70. (A) The trustee A commission member or other fiduciary who breaches a duty imposed by this chapter is personally liable to the retirement system for any losses resulting from the breach
(B) An agreement that purports to limit the liability of a trustee or other fiduciary for a breach of duty under this chapter is void.
(C) The retirement system may insure a trustee, commission member, fiduciary, or itself against liability or losses occurring because of a breach of duty under this chapter.
(D) A trustee, commission member, or other fiduciary may insure against personal liability or losses occurring because of a breach of duty under this chapter if the insurance is purchased or provided by the individual trustee, commission member, or fiduciary, but a fiduciary who obtains insurance pursuant to this chapter must disclose all terms, conditions, and other information relating to the insurance policy to the retirement system.
Section 9-16-80. (A) Meetings by the board while acting as trustee of the retirement system, or meetings of the commission, or by its fiduciary agents to deliberate about, or make tentative or final decisions on, investments or other financial matters may be in executive session if disclosure of the deliberations or decisions would jeopardize the ability to implement a decision or to achieve investment objectives.
(B) A record of the board, or commission, or of its fiduciary agents that discloses deliberations about, or a tentative or final decision on, investments or other financial matters is exempt from the disclosure requirements of Chapter 4 of Title 30, the Freedom of Information Act, to the extent and so long as its disclosure would jeopardize the ability to implement an investment decision or program or to achieve investment objectives.
Section 9-16-90. (A) The trustees commission shall provide investment reports at least quarterly during the fiscal year to the panel State Budget and Control Board, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and other appropriate officials and entities.
(B) In addition to the quarterly reports provided in subsection (A), the trustees commission shall provide an annual report to the panel State Budget and Control Board, the Speaker of the House of Representatives, members of the House of Representatives or Senate, but only upon their request, the President Pro Tempore of the Senate,
(1) a description of a material interest held by a trustee, fiduciary, or an employee who is a fiduciary with respect to the investment and management of assets of the system, or by a related person, in a material transaction with the system within the last three years or proposed to be effected;
(2) a schedule of the rates of return, net of total investment expense, on assets of the system overall and on assets aggregated by category over the most recent one-year, three-year, five-year, and ten-year periods, to the extent available, and the rates of return on appropriate benchmarks for assets of the system overall and for each category over each period;
(3) a schedule of the sum of total investment expense and total general administrative expense for the fiscal year expressed as a percentage of the fair value of assets of the system on the last day of the fiscal year, and an equivalent percentage for the preceding five fiscal years; and
(4) a schedule of all assets held for investment purposes on the last day of the fiscal year aggregated and identified by issuer, borrower, lessor, or similar party to the transaction stating, if relevant, the asset's maturity date, rate of interest, par or maturity value, number of shares, costs, and fair value and identifying an asset that is in default or classified as uncollectible.
These disclosure requirements are cumulative to and do not replace other reporting requirements provided by law."
SECTION 3. Article 3, Chapter 16, Title 9 of the 1976 Code is amended to read:
Section 9-16-310. There is created the State Retirement Systems Investment Panel, consisting of five members, one each appointed by the Governor, State Treasurer, Comptroller General, the Chairman of the Ways and Means Committee of the House of Representatives, and the Chairman of the Senate Finance Committee. The member appointed by the Governor shall serve as chairman. All members appointed to the panel must possess substantial financial investment experience. No person may be appointed or continue to serve who is an elected or appointed officer or employee of the State or any of its political subdivisions, including school districts. Members shall serve for terms of two years and until their successors are appointed and
Section 9-16-315. (A) There is established the Retirement System Investment Commission (RSIC) consisting of six members as follows:
(1) one member appointed by the Governor;
(2) the State Treasurer, ex officio;
(3) one member appointed by the Comptroller General;
(4) one member appointed by the Chairman of the Senate Finance Committee;
(5) one member appointed by the Chairman of the Ways and Means Committee of the House of Representatives;
(6) one member who is a retired member of the retirement system who shall serve without voting privileges. This representative member must be appointed by unanimous vote of the voting members of the commission.
(B) The State Treasurer may appoint a member to serve in his stead. A member appointed by the State Treasurer shall serve for a term coterminous with the State Treasurer and must possess at least one of the qualifications provided in subsection (E). Once appointed, this member may not be removed except as provided in subsection (C).
(C) Except as provided in subsection (B), members shall serve for terms of five years and until their successors are appointed and qualify, except that of those first appointed, the appointees of the Comptroller General and the Chairman of the Senate Finance Committee shall serve for terms of three years and the appointee of the Chairman of the Committee on Ways and Means and the representative appointee shall serve for terms of one year. Terms are deemed to expire after June thirtieth of the year in which the term is due to expire. Members are appointed for a term and may be removed before the term expires only by the Governor for the reasons provided in Section 1-3-240(C).
(D) The commission shall select one of the voting members to serve as chairman and shall select those other officers it determines necessary, but the State Treasurer may not serve as chairman.
(E) A person may not be appointed to the commission unless the person possesses at least one of the following qualifications:
(1) the Chartered Financial Analyst credential of the CFA Institute;
(2) the Certified Financial Planner credential of the Certified Financial Planner Board of Standards;
(3) at least ten years' professional securities broker experience;
(4) at least ten years' professional actuarial experience;
(5) at least ten years' professional teaching experience in economics or finance; or
(6) an earned Ph.D. in economics or finance.
(F) Not including the State Treasurer, no person may be appointed or continue to serve who is an elected or appointed officer or employee of the State or any of its political subdivisions, including school districts.
(G) The Retirement System Investment Commission is established to invest the funds of the retirement system. All of the powers and duties of the State Budget and Control Board as investor in equity securities and the State Treasurer's function of investing in fixed income instruments are transferred to and devolved upon the Retirement System Investment Commission. To assist the commission in its investment function, it shall employ a chief investment officer, who under the direction and supervision of the commission, and as its agent, shall develop and maintain annual investment plans and invest and oversee the investment of retirement system funds. The chief investment officer serves at the pleasure of the commission and must receive the compensation the commission determines appropriate. The commission may employ the other professional, administrative, and clerical personnel it determines necessary and fix their compensation. All employees of the commission are employees at will. The compensation of the chief investment officer and other employees of the commission is not subject to the state compensation plan.
(H) The administrative costs of the Retirement System Investment Commission must be paid from the earnings of the State Retirement System in the manner provided in Section 9-1-1310.
Section 9-16-320. (A) The panel commission shall meet no later than May first of each year to adopt the proposed annual investment plan for the retirement systems for the next fiscal year. The annual investment plan must be developed by the panel chief investment officer. No later than June April first of each year, the panel chief investment officer shall submit the proposed plan to the board
(B) The panel commission shall meet at least once during each fiscal year quarter for the purposes of reviewing the performance of investments, assessing compliance with the annual investment plan, and determining whether to recommend amendments to amend the plan to the board. The panel commission shall meet at such other times as are set by the panel commission or the chairman or requested by the board.
(C) The panel commission may discuss, deliberate on, and make decisions on a portion of the annual investment plan or other related financial or investment matters in executive session if disclosure thereof would jeopardize the ability to implement that portion of the plan or achieve investment objectives.
(D) A record of the panel or of the Retirement System commission that discloses discussions, deliberations, or decisions on portions of the annual investment plan or other related financial or investment matters is not a public record under Section 30-4-20 to the extent and so long as its disclosure would jeopardize the ability to implement that portion of the plan or achieve investment objectives.
(E) [Reserved] The costs of administering the duties of the panel must be paid from the investment earnings of these systems. Administrative and clerical assistance to the panel must be provided. The board must approve all reasonable expenses of the panel in performing its duties under this section.
(F) [Reserved] The panel does not act as a fiduciary with respect to the funds of the retirement system, but must exercise reasonable care and skill in carrying out its duties.
(G) The panel commission may retain independent advisors to assist it and periodically shall provide for an outside evaluation of the investment strategy of the board.
Section 9-16-330. (A) The board commission shall provide the panel chief investment officer with a statement of general investment objectives. The commission shall also provide the chief investment officer with a statement of actuarial assumptions and general investment objectives developed by the system's actuary and approved by the board. The board commission shall review the statement of general investment objectives annually for the purpose of affirming or changing it and advise the panel chief investment officer of its actions. The retirement system shall provide the commission and its chief
(B) The annual investment plan must be consistent with actions taken by the board commission pursuant to subsection (A) and must include, but is not limited to, the following components:
(1) general operational and investment policies;
(2) investment objectives and performance standards;
(3) investment strategies, which may include indexed or enhanced indexed strategies as the preferred or exclusive strategies for equity investing, and an explanation of the reasons for the selection of each strategy;
(4) industry sector, market sector, issuer, and other allocations of assets that provide diversification in accordance with prudent investment standards, including desired rates of return and acceptable levels of risks for each asset class;
(5) policies and procedures providing flexibility in responding to market contingencies;
(6) procedures and policies for selecting, monitoring, compensating, and terminating investment consultants, equity investment managers, and other necessary professional service providers; and
(7) methods for managing the costs of the investment activities.
(C) In developing the annual investment plan, the panel chief investment officer shall:
(1) diversify the investments of the retirement systems, unless the panel commission reasonably determines that, because of special circumstances, it is clearly not prudent to do so; and
(2) make a reasonable effort to verify facts relevant to the investment of assets of the retirement systems.
Section 9-16-340. (A) The State Budget and Control Board commission, as trustee of the retirement system, acting through the chief investment officer, shall invest and reinvest the assets of the retirement systems as provided in Section 9-1-1310. The State Treasurer shall serve as the agent of the board with respect to investments made pursuant to Article 7, Chapter 9, Title 11. Investments allowed by law in equities may be made by the board in the manner it shall determine, consistent with Section 9-16-330 and consistent with its fiduciary duties with respect to the retirement funds. The board commission may employ or retain administrators, agents, consultants, or other advisors it considers necessary with respect to making equity investments. The board is subject to the provisions of
(B) After receiving the proposed plan of the panel chief investment officer, the board commission shall adopt an annual investment plan, which must be implemented by the board commission through the chief investment officer. The board commission shall regularly review the plan implementation and makes amendments as it considers appropriate. The plan must include the minimum and maximum portions of system assets that may be allocated to equity investments on an ongoing basis not to exceed seventy percent.
(C) The plan adopted must provide:
(1) 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;
(2) preference to brokerage firms domiciled in this State for conducting nondiscretionary brokerage transactions if these brokerage firms are able to meet the test of equal service and best execution in the purchase and sale of authorized investments.
Section 9-16-345. In hiring and procurement in the implementation and administration of this chapter, and consistent with its duties as fiduciary under this title, the commission shall strive to assure that minorities and minority-owned businesses are represented.
Section 9-16-350. (A) It is unlawful for a member, employee, or agent of the panel commission or anyone acting on his its behalf to use any information concerning panel commission activities to obtain any economic interest for himself, a member of his immediate family, an individual with whom he is associated, or a business with which he is associated.
(B) If a member of the panel commission, an employee of the panel commission, or a member of his immediate family holds an economic
(C) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years and fined not more than one hundred thousand dollars.
(D) The provisions of this section are cumulative to, and not in lieu of, any other provisions of law applicable to the panel commission and its members in the performance of official duties including, but not limited to, Chapter 13 of Title 8.
Section 9-16-360. (A) In addition to and not in lieu of the provisions of Section 9-16-350 and Chapter 13 of Title 8, and for the purposes of this article, there are the standards of conduct provided in subsection (B) of this section that apply for a fiduciary or employee of a fiduciary.
(B) A fiduciary or employee of a fiduciary shall:
(1) take no action to purchase or acquire services or property for the commission or the retirement system where the fiduciary or employee of the fiduciary, their family, or their business associates have a financial interest in the services or property;
(2) take no action to invest retirement system funds in any share, or other security if the fiduciary or employee of the fiduciary, their family, or their business associates have an interest in, are underwriters of, or receive any fees from the investment;
(3) have no interest in the profits or receive any benefit from a contract entered into by the fiduciary;
(4) not use their positions to secure, solicit, or accept things of value, including gifts, travel, meals and lodging, and consulting fees for payment for outside employment, from parties doing or seeking to do business with or who are interested in matters before the fiduciary;
(5) not represent, while serving as or in the employment of the fiduciary and for one year after leaving the fiduciary, any person, in any fashion, before any public agency, with respect to any matters in which the fiduciary personally participated while serving as or employed by the fiduciary;
(6) not take any official action on matters that will result in a benefit to themselves, their family members, or their business associates;
(7) not, during or after their term of service, disclose or use confidential information acquired in their official capacity as fiduciary or employee of the fiduciary, without proper authorization;
(8) not use assets of the system for their own interests;
(9) not act on behalf of a party whose interests are adverse to the system or the fiduciary, even if the member receives no personal gain;
(10) not have any direct or indirect interest in the gains or profits of any system investment;
(11) not make investments through or purchases from, or otherwise do any business with a former fiduciary member or employee or with a business that is owned or controlled by a former fiduciary member or employee, for a period of three years after the fiduciary member or employee leaves the fiduciary.
(C) A breach of the standards provided in this section is grounds for the removal of a commission member as a conflict of interest pursuant to the Governor's removal powers under Section 1-3-240(C), for the dismissal of an employee of the commission, and in the case of a corporate fiduciary, at the commission's option, voiding any contract with the fiduciary."
SECTION 4. Section 8-17-370 of the 1976 Code, as last amended by Act 356 of 2002, is further amended by adding an appropriately numbered item at the end to read:
"( ) the chief investment officer and all other employees of the Retirement System Investment Commission."
SECTION 5. Section 30-4-70(a)(6) of the 1976 Code, as added by Act 371 of 1998, is amended to read:
"(6) The State Budget and Control Board, while meeting as the trustee of the State Retirement System, or of the State Retirement Systems Investment Panel Retirement System Investment Commission, if the meeting is in executive session specifically pursuant to Section 9-16-80(A) or 9-16-320(C)."
SECTION 6. Upon implementation of the provisions of this part, it is the intent of the General Assembly that the Retirement System Investment Commission shall seek to maximize the rate of return on retirement system assets.
SECTION 7. A. Notwithstanding the general effective date provided for this act, the transfer of the investor functions provided by this part occurs October 1, 2005.
B. Notwithstanding any other provision of law, the annual investment plan otherwise due to take effect July 1, 2005, may be amended to provide for implementation of the revised investment limits provided
SECTION 1. (A) Beginning October 1, 2005, all assets and liabilities, appropriations, FTE's, employees, contracts, real and personal property, records, and archives of the State Budget and Control Board with respect to its investment duties for the various state retirement systems are transferred to and devolved upon the Retirement System Investment Commission.
(B) It is the intention of the General Assembly that the transfer required by this act occurs seamlessly, and to this end, the Executive Director of the State Budget and Control Board and the State Treasurer shall ensure an orderly transfer that allows no hiatus in the investment of the funds of the retirement systems.
SECTION 1. If any part, section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every part, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other parts, sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 1. Except where otherwise provided, this act takes effect July 1, 2005. /
Amend title to conform.
Sen. Nikki G. Setzler Rep. Daniel T. Cooper Sen. W. Greg Ryberg Rep. Herb Kirsh Sen. Thomas C. Alexander Rep. Annette D. Young 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 received:
Columbia, S.C., June 2, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 618:
S. 618 (Word version) -- Senators Alexander, Setzler, Short, Verdin and Knotts: A BILL TO ENACT THE STATE RETIREMENT SYSTEM PRESERVATION AND INVESTMENT REFORM ACT BY AMENDING SECTION 9-1-1790, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EARNING LIMIT APPLICABLE TO RETIRED MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO RETURN TO COVERED EMPLOYMENT, SO AS TO REQUIRE THESE MEMBERS TO PAY THE EMPLOYEE CONTRIBUTION FOR ACTIVE MEMBERS; BY AMENDING SECTION 8-11-620, AS AMENDED, RELATING TO LUMP SUM PAYMENTS FOR ANNUAL LEAVE FOR STATE EMPLOYEES, SO AS TO POSTPONE THIS LUMP SUM FOR TERI PARTICIPANTS UNTIL THE EMPLOYEE ENDS TERI PARTICIPATION; BY AMENDING SECTION 9-1-2210, RELATING TO THE TERI PROGRAM, SO AS TO REQUIRE TERI PROGRAM PARTICIPANTS TO PAY THE EMPLOYEE CONTRIBUTION FOR ACTIVE MEMBERS, TO DELAY UNTIL A MEMBER ENDS PARTICIPATION THE INCLUSION OF THE APPLICABLE AMOUNT OF THE MEMBERS UNUSED ANNUAL LEAVE IN THE CALCULATION OF AVERAGE FINAL COMPENSATION, TO PROVIDE FOR THE RECALCULATION OF AVERAGE FINAL COMPENSATION WHEN THE MEMBER ENDS PARTICIPATION IN TERI FOR PURPOSES OF THE MEMBERS' FUTURE RETIREMENT BENEFITS OR OF A BENEFICIARY OF FUTURE BENEFITS ON
Very respectfully,
President
Received as information.
The Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.
The following was received:
Columbia, S.C., June 2, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it recedes from its amendments to S. 736, and requests that proper notation be recorded on the Bill:
S. 736 (Word version) -- Senators Ryberg and Peeler: A BILL TO AMEND SECTION 56-3-7780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF "VIETNAM WAR VETERANS SPECIAL LICENSE PLATES" SO AS TO PROVIDE THAT ONLY VIETNAM WAR VETERANS WHO SERVED ON ACTIVE DUTY AT ANYTIME DURING THE PERIOD OF FEBRUARY 28, 1961, TO MAY 7, 1975, MAY BE ISSUED THIS SPECIAL LICENSE PLATE.
Very respectfully,
President
Received as information.
A message having been received from the Senate that it had receded from its amendments, it was ordered that the title of the Bill be changed to that of an Act and that the Act be enrolled for ratification.
The following was received:
Columbia, S.C., June 2, 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 Land, Hayes and Alexander of the Committee of Free Conference on the part of the Senate on H. 3006:
H. 3006 (Word version) -- Reps. Wilkins, Harrell, W. D. Smith, J. Brown, Cato, Chellis, Harrison, Townsend, Witherspoon, Bailey, G. R. Smith, Vaughn, Davenport, Sandifer, Barfield, Young, Owens, Kirsh, Leach, E. H. Pitts, Battle, Viers, Clyburn, Littlejohn, Taylor, Rice, Hinson,
Very respectfully,
President
Received as information.
The Senate amendments to the following Bill were taken up for consideration:
H. 3296 (Word version) -- Reps. Harrell, Wilkins, Leach, Lucas, Bales, G. R. Smith, J. R. Smith, Vaughn, Battle, Cobb-Hunter, Neilson, Clark, Skelton, Kirsh, Moody-Lawrence, Rice, Harrison, Haley, Harvin, Young, Cotty, Mack, J. E. Smith, Taylor, Clemmons, Tripp, Chalk, Breeland, Limehouse, Altman, Bailey, Ballentine, Barfield, Bingham, Ceips, Chellis, Dantzler, Delleney, Duncan, Frye, Hagood, Hardwick, Herbkersman, Hinson, Huggins, Jennings, Littlejohn, Martin, McGee, Norman, Ott, Perry, E. H. Pitts, Scarborough, Sinclair, D. C. Smith, Stewart, Toole, Townsend, Umphlett, Walker, Witherspoon, Brady, Mahaffey and R. Brown: A BILL TO AMEND SECTION 12-28-1555, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE USE OF DYED MOTOR VEHICLE FUELS UNDER CERTAIN CIRCUMSTANCES, AND PENALTIES ASSOCIATED WITH VIOLATIONS OF THIS SECTION, SO AS TO PROVIDE THAT ALL FINES IMPOSED PURSUANT TO THIS SECTION MUST BE PLACED IN THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND; TO AMEND SECTION 12-28-2355, AS AMENDED, RELATING TO BOTH THE INSPECTION FEE AND THE ENVIRONMENTAL IMPACT FEE CHARGED ON PETROLEUM PRODUCTS, SO AS TO PROVIDE THAT AFTER JUNE 30, 2005, ALL FEES COLLECTED PURSUANT TO THE PROVISIONS CONTAINED IN THIS SECTION MUST BE PLACED IN THE DEPARTMENT OF
Rep. COOPER explained the Senate Amendments.
Rep. BARFIELD moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 4280 (Word version) -- Reps. Hagood, Altman, Breeland, R. Brown, Chellis, Dantzler, Harrell, Limehouse, Mack, Merrill, Miller, Scarborough, Whipper and Young: A HOUSE RESOLUTION TO COMMEND MARY NEILL HAGOOD OF CHARLESTON ON BEING NAMED SOUTHERN CONFERENCE FEMALE ATHLETE OF THE YEAR ON JUNE 1, 2005, AND TO RECOGNIZE HER EXEMPLARY ACADEMIC RECORD AND COMMUNITY SERVICE WORK FOR THE BENEFIT OF HER LOCAL COMMUNITY AND THE STATE.
The Resolution was adopted.
The Senate sent to the House the following:
S. 931 (Word version) -- Senators Rankin and Elliott: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE SOUTH CAROLINA HIGHWAY 9 BY-PASS IN HORRY COUNTY THE "JAMES P. STEVENS, SR. MEMORIAL BY-PASS" AND TO ERECT APPROPRIATE SIGNS OR MARKERS ALONG THIS HIGHWAY CONTAINING THE WORDS "JAMES P. STEVENS, SR. MEMORIAL BY-PASS".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 932 (Word version) -- Senator McGill: A CONCURRENT RESOLUTION TO COMMEND JAMES B. JOHNSON, JR., DIRECTOR OF THE
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4281 (Word version) -- Rep. Leach: A BILL TO ENACT THE CHILD VICTIMS OF SEXUAL ASSAULT ACT SO AS TO AMEND SECTION 16-3-655, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT WITH A MINOR, BY REVISING THE PENALTIES AND PROVIDING THAT FOR A FIRST OFFENSE A PERSON MUST BE SENTENCED TO A MANDATORY TERM OF IMPRISONMENT FOR TWENTY-FIVE YEARS AND FOR A SECOND OR SUBSEQUENT OFFENSE FOR LIFE WITHOUT THE POSSIBILITY OF PAROLE AND TO PROVIDE THAT A PERSON CONVICTED OF SUCH AN OFFENSE IS A CHILD VICTIM SEX OFFENDER; TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO PUNISHMENT FOR MURDER AND, AMONG OTHER THINGS, AGGRAVATING CIRCUMSTANCES TO BE CONSIDERED IN DETERMINING THE PENALTY FOR MURDER, SO AS TO INCLUDE AS AN AGGRAVATING CIRCUMSTANCE THAT THE OFFENDER WAS A CHILD VICTIM SEX OFFENDER; TO ADD SECTION 23-3-485 SO AS TO PROVIDE THAT A PERSON IS GUILTY OF A MISDEMEANOR IF THE PERSON ALLOWS A SEX OFFENDER TO RESIDE WITH THE PERSON KNOWING THAT THE OFFENDER HAS FAILED TO REGISTER WITH THE SEX OFFENDER REGISTRY OR IF THE PERSON FAILS TO PROVIDE OR CONCEALS INFORMATION REQUESTED BY LAW ENFORCEMENT CONCERNING A SEX OFFENDER; AND TO ADD SECTION 24-21-95 SO AS TO PROVIDE THAT A CONDITION OF PROBATION, PAROLE, OR RELEASE OF ANY KIND OF A SEXUAL OFFENDER MUST INCLUDE ELECTRONIC MONITORING AND TO SPECIFY CERTAIN TRACKING AND
Rep. DAVENPORT moved that the Committee of Conference on the following Joint Resolution be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:
S. 286 (Word version) -- Senator Hawkins: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN INMAN, SOUTH CAROLINA, TO THE TOWN OF INMAN; TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF THE LOCKHART NATIONAL GUARD ARMORY TO THE TOWN OF LOCKHART; AND TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER THE OWNERSHIP OF THE JONESVILLE NATIONAL GUARD ARMORY TO THE TOWN OF JONESVILLE.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anthony Bailey Bales Ballentine Barfield Bingham Bowers Brady Branham J. Brown Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cotty Dantzler Davenport Delleney Duncan Edge Emory Funderburk Hagood Haley Hamilton Harrell Haskins Hayes Herbkersman J. Hines Hinson Hiott Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Lucas Mack
Mahaffey Martin McCraw McGee McLeod Moody-Lawrence J. M. Neal Neilson Norman Ott Owens Parks Perry M. A. Pitts Rice Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. R. Smith J. E. Smith J. R. Smith Stewart Talley Taylor Toole Townsend Umphlett Vaughn Vick Viers Walker White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
E. H. Pitts
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. DAVENPORT, ANTHONY and LEE to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
FREE CONFERENCE REPORT
S. 286
The General Assembly, Columbia, S.C., June 2, 2005
The COMMITTEE OF FREE CONFERENCE, to whom was referred: (House Doc. No. AMEND\COUNCIL\PT\2734SJ05.DOC)
S. 286 (Word version) -- Senator Hawkins: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD
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 joint resolution, as and if amended, by deleting all after the enacting words and inserting therein the following:
/ SECTION 1. Notwithstanding the provisions of Sections 25-1-1660 and 1-11-58, and Act 248 of 2004, the State Budget and Control Board is directed to transfer ownership of the surplus National Guard Armory located on the Oakland Avenue Extension, Inman, South Carolina, to the Town of Inman, South Carolina.
SECTION 2. Pursuant to the provisions of Sections 25-1-1660 and 1-11-58, and Act 248 of 2004, the State Budget and Control Board is directed to transfer ownership of the Lockhart National Guard Armory to the Town of Lockhart, South Carolina.
SECTION 3. Notwithstanding the provisions of Sections 25-1-1660 and 1-11-58, and Act 248 of 2004, the State Budget and Control Board is directed to transfer ownership of the Jonesville National Guard Armory to the Town of Jonesville, South Carolina.
SECTION 4. This joint resolution takes effect upon approval by the Governor./
Amend the Joint Resolution further, by deleting all before the enacting words and inserting:
/TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN INMAN, SOUTH CAROLINA, TO THE TOWN OF INMAN; TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF THE LOCKHART NATIONAL GUARD ARMORY TO THE TOWN OF LOCKHART; AND TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER THE
Whereas, the National Guard Armory located on the Oakland Avenue Extension, Inman, South Carolina, has been vacated by the 1st Battalion, 178th Field Artillery of the Army National Guard; and
Whereas, the State Military Department has declared this property surplus to its current needs; and
Whereas, the Town of Inman will use the armory for the benefit of the community. Now, therefore, /
Amend title to conform.
/s/The Hon. John D. Hawkins /s/The Hon. Ralph Davenport, Jr. /s/The Hon. Harvey S. Peeler, Jr. /s/The Hon. Michael A. Anthony /s/The Hon. James H. Ritchie, Jr. The Hon. Brenda Lee 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 received:
Columbia, S.C., June 2, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Hawkins, Peeler and Ritchie of the Committee of Free Conference on the part of the Senate on S. 286:
S. 286 (Word version) -- Senator Hawkins: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN INMAN, SOUTH CAROLINA, TO THE SPARTANBURG COUNTY DISTRICT ONE SCHOOL BOARD.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 2, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 286:
S. 286 (Word version) -- Senator Hawkins: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN INMAN, SOUTH CAROLINA, TO THE TOWN OF INMAN; TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF THE LOCKHART NATIONAL GUARD ARMORY TO THE TOWN OF LOCKHART; AND TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER THE OWNERSHIP OF THE JONESVILLE NATIONAL GUARD ARMORY TO THE TOWN OF JONESVILLE.
Very respectfully,
President
Received as information.
The Report of the Committee of Free Conference having been adopted by both Houses, and this Joint Resolution 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 was received:
Columbia, S.C., June 2, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3006:
H. 3006 (Word version) -- Reps. Wilkins, Harrell, W. D. Smith, J. Brown, Cato, Chellis, Harrison, Townsend, Witherspoon, Bailey, G. R. Smith, Vaughn, Davenport, Sandifer, Barfield, Young, Owens, Kirsh, Leach, E. H. Pitts, Battle, Viers, Clyburn, Littlejohn, Taylor, Rice, Hinson,
Very respectfully,
President
Received as information.
Rep. HINSON moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:
H. 3006 (Word version) -- Reps. Wilkins, Harrell, W. D. Smith, J. Brown, Cato, Chellis, Harrison, Townsend, Witherspoon, Bailey, G. R. Smith, Vaughn, Davenport, Sandifer, Barfield, Young, Owens, Kirsh, Leach, E. H. Pitts, Battle, Viers, Clyburn, Littlejohn, Taylor, Rice, Hinson, Clark, Walker, Bales, Cobb-Hunter, Simrill, Chalk, Duncan, Stewart, Talley, Harvin, J. E. Smith, Altman, Skelton, Mahaffey, Vick, Hagood, Martin, Neilson and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-60 SO AS TO PROVIDE FOR DETERMINATION OF A NEXUS WITH THIS STATE FOR PURPOSES OF INCOME TAX AND CORPORATE LICENSE FEE IN CONNECTION WITH A DISTRIBUTION FACILITY AND TO DEFINE "DISTRIBUTION FACILITY"; BY ADDING SECTION 12-36-2690 SO AS TO PROVIDE FOR DETERMINATION OF A NEXUS WITH THIS STATE FOR SALES AND USE TAX PURPOSES IN CONNECTION WITH A DISTRIBUTION FACILITY AND TO DEFINE "DISTRIBUTION FACILITY"; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOBS TAX CREDIT, SO AS TO ALLOW THE CREDIT TO A TAXPAYER WHO EMPLOYS NINETY-NINE OR FEWER EMPLOYEES AND WHO INCREASES EMPLOYMENT BY TWO, INSTEAD OF TEN, NEW FULL TIME JOBS AND TO INCLUDE FURTHER GUIDELINES FOR DETERMINING THE AMOUNT OF THE CREDIT; AND TO MAKE THIS ACT APPLICABLE TO TAXABLE YEARS
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Anthony Bailey Bales Ballentine Barfield Bingham Bowers Brady Branham G. Brown J. Brown Cato Ceips Chalk Chellis Clark Clemmons Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney
Edge Emory Funderburk Govan Hagood Haley Harrell Harrison Haskins Hayes Herbkersman J. Hines Hinson Hiott Hosey Huggins Jefferson Kennedy Kirsh Limehouse Littlejohn Lucas Mack Mahaffey McCraw McGee Merrill J. H. Neal J. M. Neal Neilson Norman Ott Owens Parks Perry Pinson M. A. Pitts Rhoad Rice 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 Umphlett Vaughn Vick Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
E. H. Pitts
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. HINSON, COBB-HUNTER and MCGEE to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
FREE CONFERENCE REPORT
H. 3006
The General Assembly, Columbia, S.C., June 2, 2005
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3006 (Word version) -- Reps. Wilkins, Harrell, W.D. Smith, J. Brown, Cato, Chellis, Harrison, Townsend, Witherspoon, Bailey, G.R. Smith, Vaughn, Davenport, Sandifer, Barfield, Young, Owens, Kirsh, Leach, E.H. Pitts, Battle, Viers, Clyburn, Littlejohn, Taylor, Rice, Hinson, Clark, Walker, Bales, Cobb-Hunter, Simrill, Chalk, Duncan, Stewart, Talley, Harvin, J.E. Smith, Altman, Skelton, Mahaffey, Vick, Hagood, Martin, Neilson and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 63 TO TITLE 12 SO AS TO ENACT THE 2005 JOBS CREATION ACT, PROVIDING FOR A CREDIT OF UP TO TWENTY-FIVE PERCENT AGAINST THE STATE INCOME TAX THE AMOUNT INVESTED BY AN INVESTOR IN THE EQUITY, NEAR-EQUITY, OR SEED CAPITAL OF A QUALIFIED BUSINESS, TO DEFINE "QUALIFIED BUSINESS" AND PROVIDE THAT THE COORDINATING COUNCIL OF THE DEPARTMENT OF COMMERCE HAS SOLE DISCRETION TO MAKE DETERMINATIONS OF "QUALIFIED BUSINESS", TO PROVIDE PROCEDURES FOR CLAIMING THE CREDIT INCLUDING ANNUAL REGISTRATION AND FEE PAYMENTS, TO REQUIRE THAT APPLICATIONS INCLUDE INFORMATION AS TO THE APPLICANT'S STATUS AS A SOCIALLY AND ECONOMICALLY DISADVANTAGED BUSINESS, TO PROVIDE FOR REVOCATION OF THE CREDIT AND RECAPTURE OF THE TAX OTHERWISE DUE, AND TO PROVIDE FOR THE RESERVATION OF TWO MILLION DOLLARS OF THE CREDIT CAP FOR CERTAIN CITED RESEARCH AND DEVELOPMENT PROJECTS; BY ADDING ARTICLE 10 TO CHAPTER 37 OF TITLE 33 SO AS TO ESTABLISH A CAPITAL ACCESS PROGRAM PROVIDING FOR FLEXIBILITY IN THE MAKING OF LOANS BY FINANCIAL INSTITUTIONS TO SMALL BUSINESSES WHO FAIL TO QUALIFY FOR CONVENTIONAL OR OTHER GUARANTEED OR ASSISTED FINANCING, AND TO
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. Chapter 6 of Title 12 of the 1976 Code is amended by adding:
"Section 12-6-60. (A) Notwithstanding another provision of this chapter, whether or not a person has nexus with South Carolina for income tax and corporate license fee purposes, is determined without regard to whether the person:
(1) owns or utilizes a distribution facility within South Carolina;
(2) owns or leases property at a distribution facility within South Carolina that is used at, or distributed from, that facility; or
(3) sells property shipped or distributed from a distribution facility within South Carolina.
(B) The distribution facility is not considered to be a fixed place of business in South Carolina for the purposes of nexus.
(C) For purposes of this section, a distribution facility is defined in Section 12-6-3360."
SECTION 2. Chapter 36 of Title 12 of the 1976 Code is amended by adding:
"Section 12-36-2690. (A) Notwithstanding another provision of this chapter, owning or utilizing a distribution facility within South Carolina is not considered in determining whether the person has a physical presence in South Carolina sufficient to establish nexus with South Carolina for sales and use tax purposes.
(B) For purposes of this section, a distribution facility is defined in Section 12-6-3360."
SECTION 3. Section 12-6-3360(C) and (I) of the 1976 Code is amended to read:
"(C)(1) Subject to the conditions provided in subsection (N) of this section, a job tax credit is allowed for five years beginning in year two after the creation of the job for each new full-time job created if the minimum level of new jobs is maintained. The credit is only available to taxpayers with one hundred or more employees that increase employment by ten or more full-time jobs, and no credit is allowed for the year or any subsequent year in which the net employment increase falls below the minimum level of ten. The amount of the initial job credit is as follows:
(1)(a) Eight thousand dollars for each new full-time job created in distressed counties.
(b) Four thousand five hundred dollars for each new full-time job created in least developed counties.
(2)(c) Three thousand five hundred dollars for each new full-time job created in under developed counties.
(3)(d) Two thousand five hundred dollars for each new full-time job created in moderately developed counties.
(4)(e) One thousand five hundred dollars for each new full-time job created in developed counties.
(2)(a) Subject to the conditions provided in subsection (N) of this section, a job tax credit is allowed for five years beginning in year two after the creation of the job for each new full-time job created if the minimum level of new jobs is maintained. The credit is available to taxpayers with ninety-nine or fewer employees that increase
(b) If the taxpayer with ninety-nine or fewer employees increases employment by two or more full-time jobs but the gross wages do not amount to a minimum one hundred twenty percent of the county's or state's average per capita income, whichever is lower, then the amount of the initial job credit is as follows:
(i) Four thousand dollars for each new full-time job created in distressed counties.
(ii) Two thousand two hundred fifty dollars for each new full-time job created in least developed counties.
(iii) One thousand seven hundred fifty dollars for each new full-time job created in under developed counties.
(iv) One thousand two hundred fifty dollars for each new full-time job created in moderately developed counties.
(v) Seven hundred fifty dollars for each new full-time job created in developed counties."
"(I) The merger, consolidation, or reorganization of a taxpayer where tax attributes survive does not create new eligibility in a succeeding taxpayer, but unused job tax credits may be transferred and continued by the succeeding taxpayer subject to the limitations of Section 12-6-3320. In addition, a taxpayer may assign its rights to its jobs tax credit to another taxpayer if it transfers all, or substantially all, of the assets of the taxpayer or all, or substantially all, of the assets of a trade or business or operating division of a taxpayer related to the generation of the jobs tax credits to that taxpayer if the required number of new jobs is maintained for that amount of credit. No A taxpayer is not allowed a jobs tax credit if the net employment increase for that taxpayer falls below ten two. The appropriate agency shall determine whether or not if qualifying net increases or decreases have occurred and may require reports, promulgate adopt rules or promulgate regulations, and hold hearings needed for substantiation and qualification."
SECTION 4. A. Chapter 37, Title 33 of the 1976 Code is amended by adding:
Section 33-37-1010. For purposes of this article:
(1) 'CAP' means the capital access program created in this article.
(2) 'BDC' means Business Development Corporation of South Carolina.
(3) 'Financial institution' means a bank, trust company, savings bank, savings and loan association, or cooperative bank chartered by the State or a national banking association, federal savings and loan association, or federal savings bank, if that financial institution has offices located in South Carolina.
(4) 'Participating financial institution' means a financial institution participating in the capital access program.
(5) 'Small business' means:
(a) a retail or service business with annual sales not exceeding two million dollars;
(b) a wholesale business with annual sales not exceeding five million dollars;
(c) a manufacturing business with no more than fifty employees; or
(d) another business with annual revenue not exceeding two million dollars.
(6) 'State fund' and 'state fund account' means the funds appropriated by the General Assembly of South Carolina for the CAP, provided to BDC as custodian for the State of South Carolina, and deposited by BDC into one or more interest-bearing trust accounts maintained by it as custodian for the State of South Carolina.
(7) 'Loss reserve account' means one or more interest-bearing trust accounts maintained by BDC for holding and administering the loan loss reserve pursuant to this article.
Section 33-37-1020. (A) Upon appropriation of funds by the General Assembly for the CAP in the minimum initial sum of two million five hundred thousand dollars, those funds and funds resulting from later appropriations to the state fund must be provided to BDC for deposit in the state fund account.
(B) BDC shall establish the CAP to provide a loan loss reserve from the state fund to assist participating financial institutions making loans to small businesses located in South Carolina that otherwise find it difficult to obtain regular bank financing.
(C) The assistance must be provided by BDC through transfers by it from a state fund account into a loss reserve account maintained by, in
Section 33-37-1030. A financial institution desiring to become a participating financial institution shall execute an agreement in a form BDC prescribes, containing the terms and provisions provided in Section 33-37-1040 and other terms and provisions BDC considers necessary or appropriate.
Section 33-37-1040. A participating financial institution originating a loan to a small business pursuant to this article shall:
(1) use its existing business and banking network to market and perpetuate the CAP so as to promote economic development among small businesses in South Carolina;
(2) provide financing to small businesses for their business purposes including, without limitation, expansion, start-up, purchase of fixed assets or inventory, facility or technology upgrading, and working capital;
(3) limit loans outstanding to one small business borrower pursuant to this article and the CAP to an aggregate balance outstanding of two hundred fifty thousand dollars or a lesser amount the BDC determines, in the exercise of its discretion for the benefit of the CAP and the small business community at large in this State;
(4) limit loans made pursuant to this article and under the CAP to those that are not guaranteed or otherwise assisted by another governmental entity or program;
(5) set aside an amount of at least one and one-half percent but no more than three and one-half percent of the principal amount of the loan, into the loss reserve account;
(6) obtain from the small business an amount equal to the reserve contribution made by the participating financial institution with respect to the loan;
(7) forward the funds collected and determined pursuant to items (5) and (6) of this section to BDC for deposit into the loss reserve account together with a written report in the form and with the content BDC prescribes; and
(8) report annually to BDC, in the manner and with the supporting information BDC prescribes, the outstanding balance of loans made by it pursuant to the CAP, and a projection and estimate of loans it anticipates making pursuant to the program in the succeeding year.
Section 33-37-1050. After receipt of the funds and report provided in Section 33-37-1040(7) of this article, BDC shall transfer from the state fund account to the loss reserve account an amount equal to one
Section 33-37-1060. If the participating financial institution suffers a loss on a loan made pursuant to the CAP and this article, it may request that all or a portion of its allocated loan reserve in the loss reserve account be applied to the loan. Upon receipt by BDC of a certification of loss by the participating financial institution, BDC shall release the funds in the account to repay the loan in whole or in part, in an amount not to exceed the actual loss incurred by the participating financial institution. BDC shall prescribe the form and content of the certification report.
Section 33-37-1070. Earnings or interest from the principal of the state fund account and the loss reserve account must be paid monthly to BDC:
(1) as compensation for its administration and management of the CAP and the accounts; and
(2) for economic development in South Carolina for the purposes and within the meanings set forth in this chapter and in the corporate charter of BDC.
Section 33-37-1080. If a participating financial institution that elects to discontinue its participation in the CAP has funds on deposit in the loss reserve account, the funds must be forfeited by the institution to the state fund and used in the CAP as loss reserves as provided in this article.
Section 33-37-1090. An independent certified public accountant, as elected annually by the board of directors of the BDC, shall conduct an annual certified audit of its management, administration, and recordkeeping in connection with the CAP and provide the audit to the South Carolina Board of Financial Institutions upon its request, the General Assembly upon its request, and the South Carolina Department of Commerce. Annual reports to the South Carolina Department of Commerce and the General Assembly also must include projected
Section 33-37-1100. If a loan is not made by participating financial institutions for three consecutive years and the General Assembly does not appropriate additional funds for the program for those three consecutive years, BDC may pay over to the participating financial institutions their allocable shares of funds in the loss reserve account and pay over to the State of South Carolina, as directed by the South Carolina Board of Financial Institutions, funds held in the state fund account."
B. Section 33-37-460(2) and (3) of the 1976 Code, as last amended by Act 234 of 2000, is further amended to read:
"(2) A loan to the corporation under the loan call agreement may not be made if, immediately after the loan, the total amount of the obligations of the corporation under the loan call agreement exceeds ten times the greater of the net worth of the corporation or the amount then paid in on the outstanding capital stock of the corporation.
(3) The total amount outstanding on loans to the corporation made by a member at any one time, when added to the amount of the investment in capital stock of the corporation then held by the member, under the loan call agreement may not exceed:
(a) ten percent of the total amount then outstanding on loans to the corporation by all members, including in the total amount outstanding amounts validly called for loan but not yet loaned or committed, or both, under the loan call agreement; or
(b) any federal or state statutory or regulatory limitations applicable to the members."
C. Section 33-37-465 of the 1976 Code, as added by Act 234 of 2000, is amended to read:
"Section 33-37-465. A member may make short-term loans to the corporation independently of the loan calls made pursuant to Section 33-37-460, except that the aggregate of the outstanding balance of the short-term loans and the outstanding amount of a loan call to that member may not exceed the statutory and regulatory limitations as provided in Section 33-37-460. These short-term loans are not subject to the limitations and restrictions described in Section 33-37-460. When the purpose of the short-term loan is to provide funds to the corporation for disbursement of a loan, the corporation may grant to the member funding the short-term loan a security interest in or collateral assignment of the loan on the condition that the security interest or
SECTION 5. (A) The General Assembly finds that many tax incentives outlive their usefulness and should exist only for a time certain. It is the intent of the General Assembly to provide for a sunset provision on each tax incentive, including credits and exemptions, enacted by this act.
(B) Each tax incentive, including credits and exemptions, enacted by this act shall be repealed for tax years beginning after five years from the date of enactment, unless a different time frame is otherwise provided herein.
SECTION 6. This act takes effect upon approval by the Governor and applies to taxable years beginning January 1, 2006./
Title is amended to read:
/ TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-60 SO AS TO PROVIDE FOR DETERMINATION OF A NEXUS WITH THIS STATE FOR PURPOSES OF INCOME TAX AND CORPORATE LICENSE FEE IN CONNECTION WITH A DISTRIBUTION FACILITY AND TO DEFINE "DISTRIBUTION FACILITY"; BY ADDING SECTION 12-36-2690 SO AS TO PROVIDE FOR DETERMINATION OF A NEXUS WITH THIS STATE FOR SALES AND USE TAX PURPOSES IN CONNECTION WITH A DISTRIBUTION FACILITY AND TO DEFINE "DISTRIBUTION FACILITY"; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOBS TAX CREDIT, SO AS TO ALLOW THE CREDIT TO A TAXPAYER WHO EMPLOYS NINETY-NINE OR FEWER EMPLOYEES AND WHO INCREASES EMPLOYMENT BY TWO, INSTEAD OF TEN, NEW FULL-TIME JOBS AND TO INCLUDE FURTHER GUIDELINES FOR DETERMINING THE AMOUNT OF THE CREDIT; AND TO MAKE THIS ACT APPLICABLE TO TAXABLE YEARS BEGINNING JANUARY 1, 2006. ;BY ADDING ARTICLE 10 TO CHAPTER 37 OF TITLE 33 SO AS TO ESTABLISH A CAPITAL ACCESS PROGRAM PROVIDING FOR FLEXIBILITY IN THE MAKING OF LOANS BY FINANCIAL INSTITUTIONS TO SMALL BUSINESSES WHO FAIL TO QUALIFY FOR CONVENTIONAL OR OTHER GUARANTEED OR ASSISTED FINANCING, AND TO PROVIDE FOR FUNDING OF A LOAN LOSS RESERVE TO REPAY PARTICIPATING FINANCIAL INSTITUTIONS WHO SUFFER A LOSS ON A LOAN, ADMINISTRATION OF THE PROGRAM BY BUSINESS
Sen. John C. Land III Rep. Shirley R. Hinson Sen. Robert W. Hayes, Jr Rep. Gilda Cobb-Hunter Sen. Thomas C. Alexander Rep. James G. McGee III On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3813 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTIONS 25-1-3235 AND 25-1-3240, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NATIONAL
Rep. COOPER explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3847 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTION 11-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL RESERVE FUND, SO AS TO PROVIDE THAT THE GENERAL RESERVE FUND SHALL CONSIST NOT ONLY OF THREE PERCENT OF THE GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR BUT ALSO THE FIRST TEN PERCENT OF ANY SURPLUS GENERAL FUND REVENUES ACCRUING FOR ANY FISCAL YEAR; TO AMEND SECTION 11-11-320, RELATING TO THE CAPITAL RESERVE FUND, SO AS TO REVISE WHEN APPROPRIATIONS FROM THE CAPITAL RESERVE FUND TAKE EFFECT; BY ADDING SECTION 11-11-335 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2005, SURPLUS GENERAL FUND REVENUES FOR ANY FISCAL YEAR NOT OTHERWISE OBLIGATED AND APPROPRIATIONS TO THE CAPITAL RESERVE FUND ARE DEEMED TO HAVE OCCURRED AND ARE AVAILABLE FOR EXPENDITURE
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
At 4:30 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:
(R159, S. 1 (Word version)) -- Senators Ryberg, Hutto, Lourie, Drummond, Land, Moore, Matthews, McGill, O'Dell, Reese, Hayes, Gregory, Jackson,
(R160, S. 16 (Word version)) -- Senators Moore, McConnell, Elliott, Hayes, Verdin, Alexander, Fair and Knotts: AN ACT TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE THE OFFENSE OF MANUFACTURING OR TRAFFICKING IN METHAMPHETAMINE AS A VIOLENT CRIME; TO AMEND SECTION 44-53-110, RELATING TO DEFINITIONS FOR PURPOSES OF NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO AMEND THE DEFINITION OF "PARAPHERNALIA", ADD THE DEFINITIONS OF "COCAINE BASE" AND "METHAMPHETAMINE", AND DELETE THE DEFINITION OF "CRACK COCAINE, ICE, OR CRANK"; TO AMEND SECTION 44-53-365, RELATING TO THEFT OF CONTROLLED SUBSTANCES, SO AS TO INCLUDE THEFT OF PRECURSOR SUBSTANCES; TO AMEND SECTION 44-53-370, AS AMENDED, RELATING TO PENALTIES FOR
(R161, S. 95 (Word version)) -- Senators McConnell, Sheheen, Knotts and Elliott: AN ACT TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS AND SECTION 34-36-40, RELATING TO LOAN BROKERS, BOTH SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF CONSUMER AFFAIRS TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE THAT THE DEPARTMENT MAY REQUEST THAT THE ADMINISTRATIVE LAW JUDGE DIVISION IMPOSE A CIVIL FINE FOR A VIOLATION; TO AMEND SECTION 37-6-106, RELATING TO THE INVESTIGATORY POWERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO PROVIDE THAT THE ADMINISTRATOR MAY APPLY TO THE ADMINISTRATIVE LAW COURT, RATHER THAN THE COURT
(R162, S. 140 (Word version)) -- Senators Hayes and Campsen: AN ACT TO AMEND SECTION 12-6-3535, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE INCOME TAX CREDIT ALLOWED TAXPAYERS MAKING QUALIFIED REHABILITATION EXPENDITURES FOR A CERTIFIED HISTORIC STRUCTURE IN THIS STATE, TO EXTEND THE CREDIT TO LICENSE TAXES AND TO CLARIFY THE APPLICATION OF THE CREDIT TO PASS-THROUGH ENTITIES; TO AMEND SECTION 12-43-215, RELATING TO VALUATION OF OWNER-OCCUPIED RESIDENTIAL PROPERTY FOR AD VALOREM TAX PURPOSES, SO AS TO PROVIDE FOR THE VALUATION TO BE CONSIDERED BY AN ASSESSOR WHEN THE VALUE OF THE PROPERTY ASSESSMENT IS APPEALED.
(R163, S. 165 (Word version)) -- Senators Elliott, Hayes, Alexander, Fair and Richardson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1636 SO AS TO PROVIDE THAT A PERSON LICENSED FOR SALE AND USE FOR ON-PREMISES CONSUMPTION SHALL PURCHASE ALCOHOLIC LIQUOR FOR SALE BY THE DRINK FROM A LICENSED RETAIL DEALER WITH A WHOLESALER'S BASIC PERMIT ISSUED PURSUANT TO THE FEDERAL ALCOHOL ADMINISTRATION ACT IN ANY SIZE BOTTLE, EXCEPT 1.75 LITER SIZE BOTTLES AND PROVIDE THAT A LICENSED RETAIL DEALER WITH A WHOLESALER'S BASIC PERMIT ISSUED PURSUANT TO THE FEDERAL ALCOHOL ADMINISTRATION ACT MAY DELIVER TO A PERSON LICENSED FOR SALE AND USE FOR ON-PREMISES CONSUMPTION ALCOHOLIC LIQUOR IN ANY SIZE, EXCEPT A 1.75 LITER SIZE BOTTLE; BY ADDING SECTION 61-6-1637 SO AS TO PROHIBIT A PERSON LICENSED BY ARTICLE 5, CHAPTER 6, TITLE 61, FROM SUBSTITUTING ANOTHER BRAND OF ALCOHOLIC LIQUOR IN PLACE OF THE BRAND SPECIFIED EXCEPT UNDER CERTAIN CONDITIONS; BY ADDING SECTION 61-6-2430 SO AS TO PROVIDE THAT A
(R164, 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, TO ESTABLISH THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS, AND TO PROVIDE THAT THE PRESIDENTS OF THE HISTORICAL SOCIETIES LOCATED IN CERTAIN COUNTIES SHALL SERVE ON AN ADVISORY COMMITTEE.
(R165, S. 227 (Word version)) -- Senators Fair, Campsen and Leventis: AN ACT TO AMEND SECTION 20-7-1695, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS FROM WHOM CONSENT OR RELINQUISHMENT FOR ADOPTION IS REQUIRED, SO AS TO PROVIDE THAT CONSENT OR RELINQUISHMENT IS NOT REQUIRED OF THE BIOLOGICAL PARENT OF A CHILD CONCEIVED AS A RESULT OF THAT PARENT'S CRIMINAL SEXUAL CONDUCT OR INCEST; AND TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO PROVIDE THAT CONCEPTION OF A CHILD
(R166, S. 348 (Word version)) -- Senators Thomas and J. V. Smith: AN ACT TO AMEND SECTION 45-2-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POSTING OF RULES IN LODGING ESTABLISHMENTS, TO REQUIRE THE POSTING OF A NOTICE REQUIRED BY SECTION 45-5-80; AND BY ADDING SECTION 45-5-80 SO AS TO PROVIDE THAT ALL LODGING ESTABLISHMENTS NOT REQUIRED TO HAVE A FIRE SPRINKLER SYSTEM MUST POST A NOTICE IN A CONSPICUOUS PLACE AT OR NEAR THE GUEST REGISTRATION DESK AND PROVIDE A PENALTY.
(R167, S. 589 (Word version)) -- Senators McConnell, Drummond, Rankin, Land, McGill, Thomas, Moore, Fair, Ryberg, Setzler, Peeler, Reese and Verdin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-365 SO AS TO PROVIDE THAT THE VALUE OF TANGIBLE AND INTANGIBLE PERSONAL PROPERTY AND ANY INCOME DERIVED THEREFROM, WHETHER DIRECTLY OR INDIRECTLY, MUST NOT BE INCLUDED IN THE DETERMINATION OF FAIR MARKET VALUE OF GOLF COURSE REAL PROPERTY FOR AD VALOREM TAX PURPOSES, TO PROVIDE A DEFINITION FOR "INTANGIBLE PERSONAL PROPERTY" AND TO PROVIDE FOR INCOME AND EXPENSE REPORTING BY GOLF COURSE OWNERS WHEN GOLF COURSES ARE VALUED FOR AD VALOREM TAX PURPOSES USING THE CAPITALIZED INCOME APPROACH.
(R168, S. 654 (Word version)) -- Senators Campsen, Peeler, Drummond, O'Dell, Knotts, Verdin, McGill, Cromer, Bryant, Mescher, Hawkins, Scott, Elliott and Fair: AN ACT TO AMEND SECTION 23-31-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION THAT A PERSON MUST COMPLETE WHEN HE PURCHASES A PISTOL AND CERTAIN RESTRICTIONS PLACED ON A PERSON WHO PURCHASES A PISTOL, SO AS TO DELETE THE PROVISION THAT REQUIRES A PERSON TO COMPLETE THE APPLICATION, AND TO MAKE TECHNICAL CHANGES; AND TO AMEND SECTION 23-31-150,
(R169, S. 737 (Word version)) -- Senator Ryberg: AN ACT TO AMEND THE TITLE OF CHAPTER 2, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976; TO AMEND CHAPTER 2 OF TITLE 56, BY ADDING ARTICLE 1, SO AS TO PROVIDE FOR THE OPERATION, TITLING, AND SALE OF LOW SPEED VEHICLES; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN CERTAIN PROVISIONS THAT PERTAIN TO THE ISSUANCE OF DRIVER'S LICENSES, SO AS TO PROVIDE DEFINITIONS FOR THE TERMS "LOW SPEED VEHICLE", "ALL TERRAIN VEHICLE", "OPERATOR" OR "DRIVER", AND "PERSON"; AND TO ADD SECTION 56-5-820 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A LOW SPEED VEHICLE IN VIOLATION OF THE PROVISIONS THAT REGULATE THE OPERATION OF THESE VEHICLES, AND TO PROVIDE A PENALTY.
(R170, S. 854 (Word version)) -- Senator Pinckney: AN ACT TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERFORMANCE OF THE REGISTER OF DEEDS' DUTIES BY A CLERK OF COURT IN CERTAIN COUNTIES, SO AS TO ADD JASPER COUNTY TO THE LIST OF THOSE COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT; AND TO AMEND SECTION 30-5-12, AS AMENDED, RELATING TO THE APPOINTMENT OF A REGISTER OF DEEDS, SO AS TO ADD JASPER COUNTY TO THE LIST OF COUNTIES IN WHICH THE GOVERNING BODY APPOINTS THE REGISTER OF DEEDS.
(R171, S. 855 (Word version)) -- Senators Knotts, Courson, Cromer and Setzler: AN ACT TO AMEND SECTION 7-7-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LEXINGTON COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF LEXINGTON COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC REFERENCES.
(R172, S. 863 (Word version)) -- Senator McGill: AN ACT TO AMEND SECTION 7-7-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN WILLIAMSBURG COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN WILLIAMSBURG COUNTY, TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC REFERENCES.
(R173, S. 870 (Word version)) -- Senator Moore: AN ACT TO AMEND SECTION 7-7-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN EDGEFIELD COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF EDGEFIELD COUNTY, TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, TO PROVIDE THAT THE POLLING PLACES FOR EDGEFIELD COUNTY MUST BE DETERMINED BY THE REGISTRATION AND ELECTIONS COMMISSION FOR EDGEFIELD COUNTY WITH THE APPROVAL OF A MAJORITY OF THE EDGEFIELD COUNTY LEGISLATIVE DELEGATION, AND TO CORRECT ARCHAIC LANGUAGE.
(R174, S. 893 (Word version)) -- Senator McGill: AN ACT TO AMEND ACT 1095 OF 1962, RELATING TO, AMONG OTHER THINGS, THE LOWER
(R175, S. 896 (Word version)) -- Senators Matthews and Hutto: AN ACT TO AMEND ACT 526 OF 1996, AS AMENDED, RELATING TO THE ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICTS, THE ELECTIONS OF BOARDS OF TRUSTEES OF THESE DISTRICTS AND THEIR POWERS AND DUTIES, THE ELECTION OF THE ORANGEBURG COUNTY BOARD OF EDUCATION AND ITS POWERS AND DUTIES, THE AUTHORITY AND PROCEDURES FOR LEVYING, COLLECTING, AND DISBURSING MILLAGE, SO AS TO ABOLISH THE ORANGEBURG COUNTY BOARD OF EDUCATION, TO CREATE THE ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICT FISCAL COMMISSION, AND TO REVISE CERTAIN POWERS AND DUTIES AND CERTAIN PROCEDURES FOR LEVYING, COLLECTING, AND DISBURSING MILLAGE.
(R176, H. 3039 (Word version)) -- Reps. Sinclair and Whipper: AN ACT TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCLUSIVE JURISDICTION OF THE FAMILY COURT, SO AS TO DELETE EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE ACTIONS AS TO THE VALIDITY OF MARRIAGES AND THE PATERNITY OF AN INDIVIDUAL, AND TO PROVIDE FOR CONCURRENT JURISDICTION OF THE PROBATE COURT WITH THAT OF THE FAMILY COURT TO HEAR AND DETERMINE CERTAIN MATTERS IN CONNECTION WITH ACTIONS PENDING BEFORE THE PROBATE COURT; AND TO AMEND SECTION 62-1-302, AS AMENDED, RELATING TO SUBJECT MATTER JURISDICTION IN THE PROBATE COURT, SO AS TO PROVIDE FOR CONCURRENT JURISDICTION WITH THAT OF THE FAMILY COURT TO HEAR AND DETERMINE MATTERS OF PATERNITY, COMMON-LAW MARRIAGE, AND INTERPRETATION OF MARITAL AGREEMENTS IN
(R177, H. 3107 (Word version)) -- Reps. M.A. Pitts, Viers, Taylor, Mahaffey, Duncan and Umphlett: AN ACT TO AMEND SECTION 40-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO PROVIDE FOR TWO ADDITIONAL LAY MEMBERS OF THE BOARD, AND TO PROVIDE FOR THEIR MANNER OF APPOINTMENT, QUALIFICATIONS, AND TERMS; AND TO ADD SECTION 40-47-155 SO AS TO FURTHER PROVIDE CERTAIN CONDITIONS UNDER WHICH THE BOARD SHALL ISSUE A LICENSE TO PRACTICE MEDICINE TO AN APPLICANT.
(R178, H. 3108 (Word version)) -- Reps. M.A. Pitts, Barfield, Taylor, Mahaffey, Duncan, Umphlett and Whipper: AN ACT TO AMEND SECTION 40-47-211, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDICAL DISCIPLINARY COMMISSION OF THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO FURTHER PROVIDE FOR THE QUALIFICATIONS OF LAY MEMBERS OF THE COMMISSION AND FOR LAY COMMISSIONER TERMS AND PROCEDURES FOR FILLING VACANCIES; AND TO AMEND SECTION 40-47-213, RELATING TO DISCLOSURE OF INFORMATION IN REGARD TO BOARD OF MEDICAL EXAMINER PROCEEDINGS, SO AS TO FURTHER PROVIDE FOR SUCH DISCLOSURE AND FOR THE PROCEEDINGS OF THE BOARD IN REGARD TO COMPLAINTS.
(R179, H. 3224 (Word version)) -- Rep. Miller: AN ACT TO AMEND SECTION 62-5-504, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH CARE POWERS OF ATTORNEY AND RELATED DEFINITIONS, SO AS TO PROVIDE AN ALTERNATIVE METHOD OF EXECUTING A HEALTH CARE POWER OF ATTORNEY AND PROVIDE THE REQUIREMENTS AND FORMALITIES FOR THIS ALTERNATIVE METHOD, AND TO PROVIDE OTHER HEALTH CARE ISSUES THAT MAY BE ACTED ON BY THE HEALTH CARE AGENT NAMED IN A HEALTH CARE POWER OF
(R180, H. 3250 (Word version)) -- Reps. White, Weeks, Hamilton, Leach, Walker, Davenport, Mahaffey, Young and Allen: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 25 TO TITLE 37 SO AS TO PROVIDE FOR LIMITATIONS ON THE DISPENSING OF AN OPHTHALMIC CONTACT LENS OR LENSES WITHOUT A VALID UNEXPIRED PRESCRIPTION FROM A LICENSED DISPENSER, TO PROVIDE MINIMUM REQUIREMENTS FOR THE ISSUANCE OF A PRESCRIPTION, TO PROVIDE FOR A TWELVE MONTH LIMIT ON A PRESCRIPTION FOR CONTACT LENS WITHOUT POWER, AND TO PROVIDE FOR A CIVIL PENALTY FOR A VIOLATION AND ENFORCEMENT BY THE DEPARTMENT OF CONSUMER AFFAIRS.
(R181, H. 3325 (Word version)) -- Rep. Harrison: AN ACT TO AMEND SECTION 61-4-1115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN AGREEMENT BETWEEN AN IMPORTER AND A FOREIGN BREWER, SO AS TO CLARIFY THAT A FOREIGN BREWER INCLUDES ITS SUCCESSOR OR ASSIGNEE.
(R182, H. 3328 (Word version)) -- Reps. Brady, Ceips, Cobb-Hunter, Funderburk, Haley, Haskins, Hinson, Lee, Martin, Miller, Moody-Lawrence, Neilson, Parks, Young and Clark: AN ACT TO AMEND SECTION 23-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF THE SEX OFFENDER REGISTRY BY THE STATE LAW ENFORCEMENT DIVISION (SLED), SO AS TO PROVIDE THAT SLED SHALL INCLUDE AND CROSS-REFERENCE ALIAS NAMES IN THE REGISTRY; TO AMEND SECTION 23-3-430, AS AMENDED, RELATING TO PERSONS WHO MUST BE REFERRED TO AS SEX OFFENDERS, SO AS TO PROVIDE THAT THE NAME OF A PERSON FOUND NOT GUILTY BY REASON OF INSANITY OF A SEX OFFENSE IN THIS OR ANOTHER COUNTRY OR FOUND GUILTY OF A SEX OFFENSE IN ANOTHER COUNTRY MUST REGISTER AS A SEX OFFENDER UNDER CERTAIN CIRCUMSTANCES, TO ADD ADDITIONAL OFFENSES TO THE LIST OF OFFENSES THAT CONSTITUTE SEX OFFENSES, TO
(R183, H. 3383 (Word version)) -- Reps. Loftis, Cato, Leach, Frye, Barfield, Hosey, J.R. Smith and Witherspoon: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10, TITLE 40 SO AS TO ENACT THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, INCLUDING PROVISIONS TO LICENSE AND REGULATE THE FIRE SPRINKLER SYSTEMS INDUSTRY, AND, AMONG OTHER THINGS, TO ESTABLISH LICENSURE AND LICENSURE RENEWAL REQUIREMENTS AND FEES, TO PROVIDE GROUNDS FOR MISCONDUCT AND SANCTIONS FOR MISCONDUCT, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF FIRE SPRINKLER CONTRACTORS AND FIRE SPRINKLER SYSTEMS; TO AMEND SECTION 40-11-10, RELATING TO THE COMPOSITION OF THE SOUTH CAROLINA CONTRACTOR'S LICENSING BOARD, SO AS TO ADD A MEMBER TO THE BOARD WHO IS IN THE BUSINESS OF FIRE SPRINKLER SYSTEMS WORK; AND TO REPEAL CHAPTER 45 OF TITLE 23, RELATING TO FIRE PROTECTION SPRINKLER SYSTEMS ACT.
(R184, H. 3400 (Word version)) -- Rep. Anthony: AN ACT TO ABOLISH THE LOCKHART SCHOOL DISTRICT HEALTH COMMISSION IN UNION COUNTY AND TO REPEAL ACT 1171 OF 1948 ESTABLISHING THIS HEALTH COMMISSION.
(R185, H. 3582 (Word version)) -- Reps. McLeod, Clark, J.E. Smith, Hosey, Moody-Lawrence, Anderson, Bailey, Bowers, Breeland, J. Brown, R. Brown, Davenport, Haskins, M. Hines and Sinclair: AN ACT TO AMEND ARTICLE 13, CHAPTER 53, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEAD POISONING PREVENTION AND CONTROL SO AS TO RENAME THIS
(R186, H. 3673 (Word version)) -- Rep. Kirsh: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 101 OF TITLE 59, RELATING TO INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THESE INSTITUTIONS OF HIGHER LEARNING MAY SPEND FEDERAL AND OTHER NONSTATE APPROPRIATED SOURCES OF REVENUE TO PROVIDE LUMP-SUM BONUSES, TO PROVIDE THAT THESE INSTITUTIONS MAY OFFER EDUCATIONAL FEE WAIVERS TO NO MORE THAN FOUR PERCENT OF THE TOTAL STUDENT BODY, TO PROVIDE THAT THESE INSTITUTIONS MAY ESTABLISH RESEARCH GRANT POSITIONS FUNDED BY CERTAIN GRANTS, AND TO PROVIDE THE CONDITIONS FOR THE ESTABLISHMENT OF THESE POSITIONS, TO PROVIDE THAT THESE INSTITUTIONS MAY OFFER AND FUND, FROM CERTAIN SOURCES OF REVENUE, HEALTH INSURANCE TO FULL-TIME GRADUATE ASSISTANTS, TO PROVIDE THAT THE BOARD OF TRUSTEES
(R187, H. 3730 (Word version)) -- Reps. Lucas, Cotty, Sinclair, Loftis and Duncan: AN ACT 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.
(R188, H. 3767 (Word version)) -- Rep. Kirsh: AN ACT TO AMEND SECTION 12-2-75, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SIGNATORIES TO TAX RETURNS, SO AS TO AUTHORIZE A QUALIFIED TAX PREPARER TO SIGN ELECTRONICALLY; TO AMEND SECTION 12-4-30, RELATING TO COMPOSITION OF THE DEPARTMENT
(R189, H. 3778 (Word version)) -- Reps. Harrison, Wilkins, Cato, W.D. Smith, Merrill, Jennings, J.E. Smith and Chellis: AN ACT TO AMEND SECTION 15-32-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON NONECONOMIC DAMAGES IN MEDICAL MALPRACTICE ACTIONS AGAINST A HEALTH CARE PROVIDER, SO AS TO INCLUDE HEALTH CARE INSTITUTIONS; TO REDESIGNATE SECTION 38-79-155 AS SECTION 38-75-775; AND TO AMEND SECTION 38-75-775, RELATING TO MEDICAL MALPRACTICE INSURANCE COVERAGE, SO AS TO CLARIFY THE PROVISIONS OF THE SECTION APPLY TO PROPERTY AND CASUALTY INSURANCE CARRIERS ISSUING MEDICAL MALPRACTICE POLICIES OF INSURANCE, TO CLARIFY THE QUALIFIED APPLICANT MUST ALSO COMPLY WITH THE PROVISIONS OF CHAPTER 75, TITLE 38, AND TO PROVIDE THAT THE PROVISIONS OF THE SECTION DO NOT MANDATE THAT AN INSURANCE COMPANY MUST WRITE MEDICAL MALPRACTICE COVERAGE.
(R190, H. 3794 (Word version)) -- Reps. Harrell, Wilkins, Cotty, J.E. Smith, Leach, Clark, Skelton, Chellis, Davenport, Haley, Harvin, Anthony, Bales, Ballentine, Barfield, Battle, Brady, G. Brown, Cato, Coates, Cobb-Hunter, Coleman, Cooper, Delleney, Edge, Harrison, Hayes, Hinson, Jennings, Kennedy, Kirsh, Limehouse, Littlejohn, Lucas, Mack, McCraw, McGee, Merrill, J.M. Neal, Neilson, Ott, Perry, Rice, Simrill, G.R. Smith, J.R. Smith, W.D. Smith, Stewart, Taylor, Thompson, Umphlett, Vaughn, White, Witherspoon, Young, Scarborough, Bailey and Hagood: AN ACT TO AMEND CHAPTER 17, TITLE 13 OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO PROVIDE FOR THE SOUTH CAROLINA RESEARCH DIVISION AND THE SOUTH CAROLINA RESEARCH INNOVATION CENTERS AS TWO DIVISIONS OF THE AUTHORITY, TO CHANGE THE COMPOSITION OF THE BOARD OF TRUSTEES OF THE AUTHORITY AND TO PROVIDE ITS DUTIES, TO PROVIDE FOR AN EXECUTIVE COMMITTEE OF THE BOARD OF TRUSTEES, TO PROVIDE FOR A BUSINESS AND SCIENCE ADVISORY BOARD TO BE APPOINTED BY THE EXECUTIVE COMMITTEE OF THE BOARD OF TRUSTEES, TO PROVIDE DUTIES OF THE ADVISORY BOARD, TO PROVIDE THAT THE SOUTH CAROLINA RESEARCH DIVISION SHALL OPERATE EXISTING RESEARCH PARKS IN COOPERATION WITH CLEMSON UNIVERSITY, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, AND THE UNIVERSITY OF SOUTH CAROLINA AT COLUMBIA, TO PROVIDE THAT THE AUTHORITY MAY ESTABLISH AND OPERATE ADDITIONAL FACILITIES, TO PROVIDE FOR CONFIDENTIALITY OF INFORMATION RELATING TO A PROSPECTIVE INDUSTRY CONSIDERING A RESEARCH PARK, TO PROVIDE THAT THE SOUTH CAROLINA RESEARCH INNOVATION CENTERS SHALL ESTABLISH THREE RESEARCH INNOVATION CENTERS ASSOCIATED WITH THE THREE RESEARCH UNIVERSITIES, TO PROVIDE THE OBJECTIVES OF THE CENTERS, TO PROVIDE FOR RESEARCH INNOVATION CENTER DIRECTORS AND STAFF FOR EACH RESEARCH INNOVATION CENTER, TO PROVIDE FOR THE FUNDING OF THE CENTERS, TO PROVIDE FOR FINANCING OF THE COSTS ASSOCIATED WITH THE PHYSICAL SPACE FOR THE INNOVATION CENTERS, AND TO PROVIDE POWERS AND DUTIES OF THE SOUTH CAROLINA RESEARCH INNOVATION CENTERS; AND TO DELETE
(R191, H. 3799 (Word version)) -- Rep. Cooper: A JOINT RESOLUTION AUTHORIZING STATE AGENCIES TO ESTABLISH A SPECIAL ACCOUNT TO FUND THE AGENCY'S NONRECURRING IMPLEMENTATION EXPENSES OF THE SOUTH CAROLINA ENTERPRISE INFORMATION SYSTEM (SCEIS), PROVIDE FOR THE ADMINISTRATION AND MONITORING OF THESE ACCOUNTS, TO PROVIDE THOSE AGENCIES EXEMPT FROM SCEIS IMPLEMENTATION, TO PROVIDE OVERSIGHT FOR THE IMPLEMENTATION PROCESS, TO PROVIDE FOR THE COSTS AND SCHEDULE FOR IMPLEMENTATION, AND TO PROVIDE FOR STATUS REPORTING.
(R192, H. 3840 (Word version)) -- Reps. Sandifer and Cato: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-200 SO AS TO DEFINE THE TERMS "COMMUNICATIONS SERVICE PROVIDER" AND "COMMUNICATIONS SERVICE" FOR PURPOSES OF SECTIONS 58-9-295 AND 58-9-297, ADDED BELOW; BY ADDING SECTION 58-9-295 SO AS TO PROVIDE THAT NO COMMUNICATIONS SERVICE PROVIDER OR A PARENT COMPANY, SUBSIDIARY, OR AFFILIATE OF A COMMUNICATIONS SERVICE PROVIDER SHALL ENTER INTO ANY CONTRACT OR AGREEMENT THAT REQUIRES A PERSON OR ENTITY TO RESTRICT OR LIMIT THE ABILITY OF ANY OTHER COMMUNICATIONS SERVICE PROVIDER FROM OBTAINING EASEMENTS OR RIGHTS-OF-WAY FOR THE INSTALLATION OF FACILITIES OR EQUIPMENT TO PROVIDE COMMUNICATIONS SERVICES IN THIS STATE, OR THAT OFFERS OR GRANTS INCENTIVES OR REWARDS TO AN OWNER OF REAL PROPERTY THAT ARE CONTINGENT UPON RESTRICTING OR LIMITING THE ABILITY OF ANY OTHER COMMUNICATIONS SERVICE PROVIDER FROM OBTAINING EASEMENTS OR RIGHTS-OF-WAY FOR THE INSTALLATION OF FACILITIES OR EQUIPMENT TO PROVIDE COMMUNICATIONS SERVICES IN THIS STATE, TO PROVIDE EXCEPTIONS, TO PROVIDE CIVIL PENALTIES FOR VIOLATION, AND TO PROVIDE THAT ALL CONTRACTS MADE ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION ARE VOID AND UNENFORCEABLE; BY
(R193, H. 3883 (Word version)) -- Reps. Duncan, Cato, Scarborough, Tripp, Mahaffey and Thompson: AN ACT TO AMEND SECTION 40-29-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS APPLICABLE TO MANUFACTURED HOUSING, SO AS TO REVISE THE DEFINITION OF "MANUFACTURED HOME RETAIL DEALER", TO DELETE THE EXCLUSION FROM THE DEFINITION OF CERTAIN BANKS AND FINANCE COMPANIES, AND TO AMEND SECTION 40-29-200, AS AMENDED, RELATING TO THE MANUFACTURED HOUSING LICENSE, SO AS TO EXEMPT FROM THIS LICENSING REQUIREMENT A LICENSED REAL ESTATE SALESMAN OR LICENSED REAL ESTATE BROKER WHO NEGOTIATES OR ATTEMPTS TO NEGOTIATE THE SALE OR OTHER DISPOSITION OF A USED MANUFACTURED OR MOBILE HOME IN CONJUNCTION WITH THE SALE OR OTHER DISPOSITION OF THE UNDERLYING REAL ESTATE AND A LIENHOLDER WHO DISPOSES OF A REPOSSESSED MANUFACTURED HOME BY MEANS OF A CONTRACT WITH A LICENSE MANUFACTURED HOME RETAIL DEALER.
(R194, H. 3897 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF MOTOR VEHICLES, RELATING TO MOTORIST INSURANCE IDENTIFICATION DATABASE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2957, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R195, H. 3906 (Word version)) -- Reps. Harrell, Bales and Neilson: AN ACT TO AMEND SECTION 59-104-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO PROVIDE THAT THE SCHOLARSHIP IS AVAILABLE TO CERTAIN ELIGIBLE RESIDENT STUDENTS, TO DEFINE CERTAIN TERMS, TO PROVIDE THE CRITERIA THE STUDENTS MUST MEET TO RECEIVE THE SCHOLARSHIP; TO AMEND SECTION 2-77-15, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA HIGHER EDUCATION EXCELLENCE ENHANCEMENT PROGRAM, SO AS TO REVISE THE DEFINITION OF ELIGIBLE INSTITUTION; TO AMEND SECTION 59-149-10, AS AMENDED, RELATING TO LIFE SCHOLARSHIPS, SO AS TO REVISE THE DEFINITION OF PUBLIC OR INDEPENDENT INSTITUTION; AND TO AMEND SECTION 59-149-50, AS AMENDED, RELATING TO LIFE SCHOLARSHIPS, SO AS TO PROVIDE THAT A STUDENT WHOSE PARENT OR GUARDIAN HAS SERVED IN OR HAS RETIRED FROM ONE OF THE UNITED STATES ARMED FORCES WITHIN THE LAST FOUR YEARS AND HAS MET CERTAIN OTHER REQUIREMENTS IS ELIGIBLE FOR IN-STATE TUITION AND FEES AND TO PROVIDE THAT THE CUMULATIVE GRADE POINT AVERAGE CALCULATION MUST INCLUDE THE STUDENT'S GRADE POINT AVERAGE AT ALL PUBLIC OR INDEPENDENT INSTITUTIONS ATTENDED BY THE STUDENT.
(R196, 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
(R197, H. 4044 (Word version)) -- Rep. Ott: AN ACT 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.
(R198, H. 4157 (Word version)) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-BOARD OF DENTISTRY, RELATING TO GUIDELINES FOR SEDATION AND GENERAL ANESTHESIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 2961, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. BAILEY moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4152 (Word version) -- Rep. McLeod: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE I-26/SOUTH CAROLINA HIGHWAY 219 INTERCHANGE IN NEWBERRY COUNTY AS "MAIN STREET INTERCHANGE" BECAUSE THIS INTERCHANGE AS WELL AS SOUTH CAROLINA HIGHWAY 219 AND MAIN STREET SERVE AS THE GATEWAY TO THE CITY OF NEWBERRY AND TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS OR MARKERS REFLECTING THIS DESIGNATION.
H. 4253 (Word version) -- Reps. G. M. Smith, Coates, G. Brown, J. H. Neal and Weeks: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE OVERPASS LOCATED ON I-95 WHERE IT INTERSECTS WITH SOUTH CAROLINA HIGHWAY 378 IN SUMTER COUNTY THE "SENIOR TROOPER JONATHAN W. PARKER MEMORIAL
H. 4265 (Word version) -- Rep. Viers: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE HOUSE AND SENATE CHAMBERS ON THURSDAY, NOVEMBER 3 AND FRIDAY, NOVEMBER 4, 2005, AND THE USE OF AVAILABLE MEETING SPACE IN THE BLATT OFFICE BUILDING ON WEDNESDAY, NOVEMBER 2, 2005, FOR THE ORGANIZATION'S ANNUAL MEETING, IN ACCORDANCE WITH THE BUILDING POLICY AS ADMINISTERED BY THE CLERKS OF THE RESPECTIVE BODIES.
At 4:45 p.m. the House, in accordance with the motion of Rep. BALLENTINE, adjourned in memory of Eleanor Peterson Nanney of Mt. Pleasant, and in accordance with H. 4159, the Sine Die Adjournment Resolution, to meet at 12:00 noon in Statewide Session Tuesday, June 14.
This web page was last updated on Wednesday, June 24, 2009 at 9:57 A.M.